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HomeMy WebLinkAboutTriconH ` • • CO Cal UNE= fa C 4 tv T O3 N N (.02 -e 0 CO m CD Z 0 w 0 0) Q O CCP CCD l) 0 1 0 '1 1 u: r len ,o III ,1;I, 1; ► rur BIDDER: Tricon General Construction, Inc. BID FORMS CITY OF WATERLOO WATERLOO, IOWA F.Y. 2023 WASTEWATER TREATMENT PLANT FINAL CLARIFIER NO. 3 REHABILITATION CITY CONTRACT NO. 1067 Prepared by: STRAND ASSOCIATES, INC.' 910 West Wingra Drive Madison, WI 53715 www.strand.com Issued for Bid June 21, 2023 STRAND ASSOCIATES' Fx0V ence :n Cr;?ineennlq Since 1946 FORM OF BID OR PROPOSAL F.Y. 2023 WASTEWATER TREATMENT PLANT FINAL CLARIFIER NO. 3 REHABILITATION CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1067 Honorable Mayor and City Council Waterloo, Iowa 1. The undersigned, being a Corporation existing under the laws of the State of Iowa , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y 2023 Wastewater Treatment Plant Final Clarifier No. 3 Rehabilitation, City Contract No. 1067, all in accordance with the above -listed documents and for the Lump Sum Base Bid cost: LUMP SUM BASE BID: /1r'NMANbREA EiG111--FeouaL -THOLSANO Dollars $ 96%000 (Words) (Numbers) See Section 01 29 00—Contract Considerations for discussion of Cash Allowances to include in the Bid. FORM OF BID Section BF-1 4463.016/City Contract No. 1067 2. Cash Allowances The following Cash Allowances shall be included in the Lump Sum Base Bid. The Cash Allowances for non -Lump Sum items shall be equal to the product of the quantity included in the Lump Sum Base Bid and the Unit Price. The Cash Allowances will be adjusted in the event that estimated quantities to be included in the Lump Sum Base Bid are different from final measured quantities. A single Unit Price shall be bid for each item. Failure to include one or more of the following Unit Price items may result in rejection of the entire Bid as nonconforming. For items with a quantity of 1, the Cash Allowance shall be adjusted based on actual final costs. CASH ALLOWANCES Number Item Description Estimated included Lump Unit Bid Unit Price Lump Total Included Bid Price in the Quantity in the Sum Bid Base Sum Base Bid 1. Concrete Surface (Section Repairs 03 Surface 01 30) Repair of Slab 10 CF $ Soo $ 8, O o o -Top 2. Concrete Slab (Section Removal 03 Surface 01 and 30) Repair Replacement -Concrete Base 20 CY $ COO $ ) 2, 000 3. Crack (Section Repairs 03 -Chemical 64 00) Grout Injection 100 LS $ /00 $ / 0, 000 4. Final Repair (Section Clarifier -Support 46 43 Equipment 22) Truss Repairs Inspection and 1 LS $5,000.00 $5,000.00 5. Final Repair (Section Clarifier -Unidentified 46 43 Equipment 22) Repairs Inspection and 1 LS $50,000.00 $50,000.00 FORM OF BID Section BF-2 4463.016/City Contract No. 1067 4. In submitting this bid, the Bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 5. Security in the sum of Five Percent Dollars ($ 5% ) in the form of Bid Bond is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 6. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 7 7 Attached hereto is a Resident Bidder Certification ( xx ), or Non -Resident Bidder Certification ( ). (Mark one.) 8. The Bidder is prepared to submit a financial and experience statement upon request. 9. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000 00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 10. The Bidder has received the following Addendum or Addenda: Addendum No. Date 11. The Bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre -bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by CITY prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 12. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA." 13. The Bidder has attached and completed all applicable forms, including the entire Iowa SRF Required Front -End Specifications. 14. CITY reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. FORM OF BID Section BF-3 4463.016/City Contract No. 1067 BY: 1 neon General Constructton, Inc. July 6, 2023 (Name of Bidder) (Date) Title Owner Official Address: (Including Zip Code): '1230 East 12th St Dubuque, IA 52001 I.R.S. No. 42-1479598 END OF SECTION FORM OF BID Section BF-4 44ti3 016/City Conttact No. 1067 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: Tricon General Construction, Inc. ADDRESS: 1230 East 12th St Dubuque, IA 52001 (Check One) PRIME xx FEDERAL ID#: 42-1479598 SUBCONTRACTOR PROJECT NAME: FY 2023 Wastewater Treatment Plant Final Clarifier No 3 Rehab PROJECT CONTRACT NO.: 1067 DESCRIPTION OF WORK: I Brickwork K. Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond SALES TAX EXEMPTION ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) Section STE-1 4463.016/City Contract No. 1067 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa County of Dubuque Ron Richard , being first duly sworn, deposes and says that: )ss 1. He is Owner (Owner, Partner, Officer, Representative, or Agent) , of Tricot' Construction , the Bidder that has submitted the attached Bid; He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents; representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Owner Sub cribecl and sworn to before me this 6th JJ u y , 20 23. Witness My commission expires 04/21/2025 Title day of e ttramij 5, Y Title (� l-.-t%...,e Pr.P....-.:. atb. a .� �,.�... .stirso CYNTHIA S. GOT TO Commission Numoor 728)37 My Comm, Exp...± e311225 NON -COLLUSION AFFIDAVIT Section NCA-1 4463.016/City Contract No. "1067 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. EQUAL OPPORTUNITY CLAUSE Section EOC-1 4463.016/City Contract No. 1067 7 The contractor, subcontractor, vendor and supplier of goods and services will include. or incorporate by reference, the provisions of the non-discrimination clause in every contract. subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. iVe, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race; creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) Owner (Title) July 6, 2023 (Date) END OF SECTION EQUAL. OPPORTUNITY CLAUSE Section EOC-2 '1463.o16/City Contract No. 1067 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: rPIA Yes U No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). Yes III No My company has an office to transact business in lowa. Yes No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. Yes II No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. Yes ❑ No To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 0 3 / 0 1 / 2 1 to / / Address: _1230 East 12th St City, State, Zip: Dubuque, IA 52001 Dates: 0 9 / 0 1 / t 2 to / / Address: 746 58th Avenue Ct SW City, State, Zip: Cedar Rapids, IA 52406 Dates: 0 8/ 0 1/ 0 4 to 0 2/ 2 8/ 2 1 Address: 2245 Kerper Blvd, Suite 2 You may attach additional sheet(s) if needed. City, State, Zip: Dubuque, IA 52001 -=1/111Clialer To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? —� Yes C�] No 3. If you answered "Yes' to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Tricon General Construction, Inc Signature: Date: 07/06/2023 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter Y156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. m Yes No Yes No Yes No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. Yes 1J No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. Yes U No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes 1J No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. Yes U No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. Yes 1J No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. Yes LJ No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. Yes No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. Yes 1J No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) to a. ai 0- OI— CY w i-- -22 Z EUJ N (/) O(6 w Z Z M H w Z m0 Q CO M 2 LU Tricon Constructin Prime Contractor Name: a) 0 O �J C 0 0 Co mw CD >- C C �(I° t�) 04--- 1 () a) H o O a Z ron 4`n tY`o O m 461 LL • C CC (13 Z cD O .4• 8 •-W� cU ✓ C c o w U to >' OA _c O O Z m M O N CO s 0 c O Contractor Signature: C >• a) w • •L L Q) o .Q 4- 1E O C _• c o O o ca E O LT c ▪ C ill Q O O as O U a) O 'o > o > C .4) O Q O (n Z3 C O CU foci C O O `+- U ,C u) .Q� O I- -0 C la 0 L U) n to O 'E o J ou) • si L L o o z• L. • o • — • a] C▪ T a) (o E 0 • U C (U O C >- OU 1 W L rn J 0 o) m r- O (UCO O at ' ��O (n w cK r� a)W c O �•— U m o U U (U O >"'c U o ?_U Q 49 (o Q U C 4c-. w Th. 0) (4 a) co C L. Cn 0 co L a) w 0 O w O co a o E >\ O U U (U O +La C t▪ o o E L cri O (U C cU ID (U C � 0 U — O 0) • U a) a) 9-7 L Q > > -' O O O CL 0 0C1) Q) -4 4- C 0 a (n a) 0 a) 0) C 0 0 (1) .0 0 SQ O 0 (o s tU E 0 0 L (r 0 m 111 ( ) I— d Q w0 � U U) C9 z O z O V / re O m LL Zm tL w m m� Quotes Received Quotation used in bid be Subcontracted Yes/No Contacted 0 nO CD 0 O z O z O z z z Dates Contacted 06/29/2023 06/29/2023 Collins Concrete 06/29/2023 1 Midwest Contractors Inc 06/29/2023 CO CD C7 O MBE/WBE Subcontractors DeLong Construction Taylor Construction Advanced Traffic Contra Section M-6 0 O z \V C 0 .4.72 O 0 0 Q d. O O a LL z(13 • W Z O O • 0 my i E W ►- n% 0 n u_ Attachment 1 SRF Required Front -End Specifications (This fours must be completed and signed by Prime Contractor and submitted with the bid) U.S. Environmental Protection Agency Certification of Non -Segregated Facilities (Applicable to contracts, subcontracts, and agreements with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause.) By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restroorns and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, dunking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national original, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NON -SEGREGATED FACILITIES A Certification of Non -segregated Facilities, as required by the May 9, 1967, of der (33 F.R. 7808, May 28, 1968) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract of for all subcontracts during a period (i.e., quarterly, semiannually, or annually). July 6, 2023 Signature Ron Richard - Owner Date Name and Title of Signer (Please Type) NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. EPA-7 5720-4.2 Section SRF-2 4463.016/City Contract No. 1067 Attachment 2 SRF Required Front -End Specifications (This form must be completed and signed by the Prime Contractor and submitted with the bid) Debarments and Suspensions Any bidder or equipment supplier whose firm or affiliate is listed in on the U.S. General Services Administration Excluded Parties List will be prohibited from the bidding process. The excluded parties records search engine is located at the System for Award Management (SAM) website: https://www.sam.qov/SAM/. Pursuant to 2 CFR Part 180, as supplemented by 2 CFR 1532, any entity submitting a bid while the SAM website lists that entity as having an active exclusion will be determined by the DNR to be a non -responsive bidder and will not be able to receive SRF funding. United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under '18 U SC Sec. 10 01, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Ron Richard - Owner Typed Name & Title of Authorized Representative f July 6, 2023 Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Section SRF-3 4463.016/City contract No. 1067 Attachment 3 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bier) Disadvantaged Business Enterprise (DBE) Solicitation It is EPA's policy that recipients of EPA financial assistance through the State Revolving Fund programs award a "fair share" of subagreements to small, minority and women -owned businesses, collectively know as Disadvantaged Business Enterprises (DBEs). Iowa's Fair Share goals are: Women Enterprise -Owned (WBE) Business Goal Minority Enterprise -Owned (MBE) Business Goal Construction 1.7% 2.2% Supplies 0.6% 5.6% 11.3% Services 2.5% Goods/Equipment 2.5% 10.4% Average 1.8% 7.4% . Only work performed by certified DBEs can be counted toward the goals. In Iowa, DBEs must be certified through the Iowa Department of Transportation (IDOT). Information on certification requirements and a list of certified DBEs is on the IDOT website at https://secure. iowadot.gov/DBE/Home/Index/. Prime contractors' DBE requirements for SRF projects include: m Taking affirmative steps for DBE participation ® Documenting the efforts and the proposed utilization of certified DBEs PROJECT INFORMATION SRF Applicant: City of Waterloo Bidder: Tricon General Construction, Inc. Address: 1230 East 12th Street, Dubuque, IA 52001 Contact Person: Cindy Gotto Signature: Phone Number: 563.58(3. 516 E-Mail Address: cindygotto©triconcg.com Check if Prime Contractor is: Minority -Owned ❑ Women -Owned Section SRF-4 4463.016/City Contract No. 1067 GOOD FAITH EFFORTS CHECKLIST Please complete the checklist to determine if you have complied with the requirement to make good faith efforts to ensure that certified DBEs have the opportunity to compete for procurements funded by EPA financial assistance funds. Bidders/offerors must make good faith efforts prior to submission of bids/proposals. 1. Did you ensure that DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities? x] Yes No 2. Did you make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process? This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. x Yes No 3. Did you consider in the contracting process whether firms competing for large contracts could subcontract with DBEs? This will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. x Yes No 4. Did you encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually? x Yes No 5. Did you use the services of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce to identify potential subcontractors? Yes No x 1 6. List the potential DBE subcontractors that were contacted. Only list those that are certified through the Iowa Department of Transportation. Name How (e.g. call, Contacted letter, fax, e-mail) phone Response not interested, (e.g. not did competitive) not respond, Advanced Traffic Control Email No response Bonnie's Barricades Email No response Collins Concrete LTD Email No response DeLong Construction Email No response Midwest Contractors Email No response Swift & Swift Email No response PROPOSED UTILIZATION OF DBE SUBCONTRACTORS Please include Attachments 4 and 5 to document the proposed utilization of certified DBE subcontractors. Section SRF-5 4463.016/City Contract No. 1067 Attachment 4 SRF Required Front -End Specifications (This form must be completed and signed by Prime and DBE Subcontractor for each subcontract and submitted with the bid) Disadvantaged Business Enterprise Program DBE Subcontractor Performance Form This form is intended to capture the DBE1 subcontractor's2 description of work to be performed and the price of the work submitted to the prime contractor. An EPA Financial Assistance Agreement recipient must require its prime contractor to have its DBE subcontractors complete this form and include all completed forms in the prime contractor's bid or proposal package. Subcontractor Name Project FY Name 2023 Wastewater Treatment Clarifier No 3 Bid/Proposal No. Assistance (if known) Agreement ID No. Point of Contact Address Telephone No. Email Address Prime Tricon Contractor General Name Construction Issuing/Funding State Revolving Entity Fund Contract Item Description Construction, of Work Submitted Services, to Equipment the Prime Contractor or Supplies Involving Price the of Prime Work Submitted Contractor to Number DBE Certified by DOT SBA Meets/exceeds YES EPA certification NO standards? Unknown Other: 'A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. IASRF6100-3 DBE Subcontractor Performance Form — Page 1 Section SRF-7 4463.016/City Contract No. 1067 Disadvantaged Business Enterprise Program DE3E_ Subcontractor Performance. Form I certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signifya commitment to utilize the subcontractors above I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Narne Ron Richard Title Date Owner July 6, 2023 Subcontractor Signature Title Print Name Date IASRE 6100-3 DBE Subcontractor Performance Form — Page 2 Section SRF-8 4463.016/City Contract No. 1067 Attachment 5 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid if utilizing DBE subcontractors) Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form This form is intended to capture the prime contractor's actual and/or intended use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract. An EPA Financial Assistance Agreement Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Project FY 2023 Name Wastewater Treatment Clarifier No 3 Prime Tricon Contractor General Name Construction Bid/Proposal No. Assistance (if known) Agreement ID No. Point of Contact Address 1230 East 12th Street, Dubuque, IA 52001 Telephone 563.588.9516 No. Email ronrichard@triconcg.com Address Issuing/Funding State Revolving Entity Fund I have identified potential DBE certified subcontractors X YES NO If yes, please complete the table below. If no, please explain: Name/Company Subcontractor Name Company Address/Phone/Email Estimated Amount Dollar Currently Certified? DBE Continue on back if needed 'A DBE is a Disadvantaged, Minority, or Woman Business Enterprise that has been certified by an entity from which EPA accepts certification as described in 40 CFR 33.204-33.205 or certified by EPA EPA accepts certifications from entities that meet or exceed EPA certification standards as described in 40 CFR 33.202. 2Subcontractor is defined as a company, firm, joint venture, or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance. IASRF6100-4 DBE Subcontractor Utilization Form — Page 1 Section SRF-9 4463.016/City Contract No. 1067 Disadvantaged Business Enterprise Program DBE Subcontractor Utilization Form l certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). Prime Contractor Signature Print Name Title Ron Richard Owner Date July 6, 2023 IASRF6100-4• DBE Subcontractor Utilization Form - Page 2 Section SRF-10 4463.016/City Contract No. 1067 Attachment 10 SRF Required Front -End Specifications (This form must be completed and signed by Prime Contractor and submitted with the bid) PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020. EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds to: (a) Procure or obtain, extend or renew a contract to procure or obtain; (b) Enter into a contract (or extend or renew a contract) to procure; or (c) Obtain the equipment, services, or systems that use "covered telecommunications equipment or services' identified in the regulation as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list, website: his://www.sam.qov/SAM/. (1) As described in Public Law 115-232, section 889, covered telecommunications equipment or services includes: (i) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (ii) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (iii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iv) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to. the government of a covered foreign country. (2) Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, Internet, video surveillance, and cloud servers are allowable except for the following circumstances: (i) Obligating or expending EPA funds for covered telecommunications and video surveillance services or equipment or services to procure (enter into, renew or extend contracts) or obtain the equipment, services, or systems as described in 2 CFR 200.216. understand the above prohibitions and certify that the project will be in compliance with all the requirements. Ron Richard - Owner Typed Name & Title of Authorized Representative July 6, 2023 Signature of Authorized Representative Date Section SRF-34 4463.016/City Contract No. 1087 BID BOND Tricon General Construction, Inc. KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and Swiss Re Corporate Solutions America Insurance Corporation as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of Amount Bid Dollars ($ 5% of Bid ) lawful money of the United States, for the payment of which sure will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the 6th clay of July , 20 23 , for FY 2023 Wastewater Treatment Plant Final Clarifier No 3 Rehabilitation NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this 6th day of July , A.D. 20 23 . Witness Witness BID BOND Tricon General Construction, Inc. (Seal) Principal By (Title) Ronald L Richard Owner ` 0 1' (3 I f l0 f Re Corporate Solutions America Insurance CgKrit r .ns,tf Surety • ' et, etc 111. . 0l By / /% 11\ tit ter)?4,••ewl Attdmey-iri fact Thomas O. Chin ers S E A Section BB-1 4463.016/City Contract No. 1067 1D13• c: �� !� •• •I s , r fin., • • • • • • \Zy / r i •• A•St,•ii"� • lrt.l;,,,,.1 SWISS RE CORPORATE SOI.rtlrriONs SWISS RI: CORPORATE SOLI MTMONS AMERiCA INSt itRAN E CORPORATION ("SRCSAIC'") SWISS RE CORPORATE: SOLUTIONS PREMIER iNSURANCE_ CORPORATION ("SRCSPIC") WESTI'OR'f INSURANCE CORI'ORAT 1OiN (WIC") GENERAL POWER OF ATT(}RN EY KNOW ALL, MEN BY TIIESE PRESENTS, TIJA'1' SRCSAIC.', a corporation duly organized and existing under laws of the State of Missouri. and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City. Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: TI K)MAS O. CIIAMI3ERS, TODD SC:EIAAP, KIMBERLY S. RASC'f-1, and PAIII , JACOBSEN JOINTLY OR Sf1V11RA1.LY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its net and deed, bonds or other writings obligatory' in the nature era bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: UNLIMITED This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC' by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two ofthe President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary he. and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of nay such Power of Attorney and to attach therein the seal of the Corporation; and it is PtRTI ilR RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding noon the Corporation when so affixed and in the future with meant to any bond, undenaking or contract of surety to which it is attached." ,pnu,,Iy,,, "ryUbt I )0 la"%1 ,,,,, 1114 woe.,•p,POn tr''.41-. t` Y =p.•�SEAL�� .17- =o. .m; . -vim •,• a By rrik Janssens; Senior Vice President of SRCSAl(' & Senior Vire President of SRCSPIC: & Senior Pict President of the By Gerald lagrorrshi• Vitt President of SRCSA((' & Viet President of SRCSPIC & Vice President of WIC IN WITNESS NESS WI IEREOF., SRCSAIC.', SRCSPIC, and WIC' have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this It) day or NOVEMBER t 20 22 Stale of Ithnais t'ounty oltook Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier insurance Corporation Westport Insurance Corporation On this 10 daly of NOVEMBER , 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President oFSRCSAiC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski . Vice President ofSRCSAIC and Vice President of SPCSPIC and Vicc President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to he the voluntary act and deed of their respective companies. OFFICIAL. SEAL CH-i fl e11 NAM A N II $, WOW Mardi M SSW, STATE at ; > tti I g,Nagicdto 1. Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of'SRCSAIC and SRCSPIC and WIC. do hereby certify that the above and foregoing is ,a tow and correct copy of a Potver ul j\t(btfit$'AIJtla/sty said SRC'SAiC and SRCSPIC and WIC, which is still in firll force and effect. IN WITNESS WIIEREOF, I have set my hat,ritsa3kMixibijicely £fif& Companies this 6th day of July , 2023 . A • 04 'as :ct, - • y • — CieS . SE Al 1. .4;ce..) It 1 /'►+ 4. • [y a 1 ,a ( _ ♦ • • • �! 1, J;, 4 v e'�rttitiolit.alsi\ • • r_ • Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC STATE OF WISCONSIN ) COUNTY OF Kenosha ON THIS 6th day of July 2023 before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney -in -Fact of and for the Swiss Re Corporate Solutions America Insurance Corporation , a corporation of Missouri , created, organized and existing under and by virtue of the laws of the State of Missouri that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. Kimberl SSA scdf Notary Public, Kenosha County, Wiscon ill;1,1 /0/, My Commission Expires 1/22/2026 ,�ti`� S, R /", ,,� ,,....... . -0 ti It rthbil 1 •• it Y• `wyvJ� : I „ :re Y • s ♦ t J t fhtt&::.: ,ttt iH/U rtt