2024-01-19_BidDocFourMileMTB.pdf

Invitation to Bid

ITB 2024-002

Four Mile Mountain Bike Park

Prepared by Polk County Conservation

12130 NW 128th Street Granger, IA 50109

515.323.5300 www.leadingyououtdoors.org

Polk County Conservation Board

ITB 2024-002

for

TABLE OF CONTENTS

Section Page No.

Official Publication……………………………………………………………

Part I – Bidder Information………

Part II – Terms and Conditions

Part III – Special Requirements

Part IV – General Requirements

Part V– Scope of Work………………………………………………………… 15

Bid Proposal Form……...……………………………………………………

Insurance Requirements……………………………………………………….. 19

Bidder Status Form…………………………………………………………….. 25

DIVISION II

Construction Plans Prepared by Snyder & Associates, Inc.

Dated January 19, 2024……………………………………............................. Attached

OFFICIAL PUBLICATION

NOTICE TO BIDDERS

POLK COUNTY CONSERVATION

POLK COUNTY IOWA

ITB 2024-002

Sealed bids for ITB 2024-002 Four Mile Mountain Bike Park in Polk County, Iowa will be received by the Polk County Conservation Board, 12130 NW 128th Street, Granger, Iowa, 50109.

This project consists of all materials, equipment, and labor necessary to complete the construction of a mountain bike trail system including trail construction, technical features, boulder and stone work, earthen ramps and associated work, to be completed by September 31, 2024.

Bids will be received until 3:00 p.m., on February 22, 2024 on BidNet Direct https://www.bidnetdirect.com/iowa/polkcounty. The successful bidder shall be awarded the contract by Polk County Conservation Board at the Polk County Conservation Board Meeting held at 5:30 p.m. on March 13th, 2024 at the Polk County Administrative Building located at 111 Court Ave. Des Moines, IA 50309 Room 110.

Interested bidders may obtain bid packets from Polk County BidNetDirect.com https://www.bidnetdirect.com/iowa/polkcounty under ITB 2024-002 Four Mile Mountain Bike Park.

Each bidder shall accompany the bid with a bid security as defined in Iowa Code section 26.8.

The bid security must be in an amount set forth in the bidding documents and made payable to Polk County Conservation Board. Failure to execute a contract for the proposed work and file an acceptable Performance Bond and Payment Bond in an amount equal to 100% of the contract price and a certificate of liability insurance within thirty days of the award of the contract will be just and sufficient cause for the rescinding of the award and the forfeiture of the bid security.

Sales tax exemption certificates will be issued to the successful bidder and its subcontractors for the purchase of materials and supplies related to this project.

By virtue of statutory authority, a preference will be given to products and provisions grown and produced within the State of Iowa and to Iowa domestic labor.

POLK COUNTY CONSERVATION

POLK COUNTY IOWA

ITB 2024-002

PART I

BIDDER INFORMATION

1.1 PURPOSE

The Polk County Conservation Board (PCCB) would like to contract ITB 2024-002 Four Mile Mountain Bike Park to a qualified contractor. Bids will be accepted from all persons or firms qualified to do so. A contract will be signed with the successful candidate.

This Invitation to Bid (ITB) provides instructions for parties interested in supplying the requirements of this Bid. It contains specifications for the services to be supplied and the terms and conditions thereof.

1.2 SCOPE OF PROJECT

The project consists of all materials, equipment, transport, and labor necessary to complete the improvements associated with the construction of a mountain bike trail system including trail construction, technical features, boulder and stonework, earthen ramps and associated work.

1.3 INQUIRIES

Inquiries concerning this ITB must be submitted via BidNet Direct.

A. In all cases, no verbal communication shall override written communication or the contents of this ITB.

B. Questions can be submitted via the posting on BidNet Direct until February

13th, 2024. Polk County will respond on the BidNet Direct posting which will be publish as addendums on February 16th, 2024.

1.4 APPLICANT’S RESPONSIBILITIES

Before submitting a Bid, each applicant shall make all investigations and examinations necessary to ascertain conditions and requirements affecting operation of the proposed services. Failure to make such investigations and examinations shall not relieve the successful applicant from the obligation to comply, in every detail, with all provisions and requirements, nor shall it be a basis for any claim whatsoever for alteration in any terms of or payment required by an Agreement.

No allowance will be made after bids are received for oversight, omission, error or mistake by applicant.

The person submitting the request will be responsible for its prompt delivery. The PCCB accepts no responsibility for delays in the receipt of your Bids due to mail delivery, messenger services or any other method of delivery. The responsibility for timely Bids delivery rests with the applicant.

1.5 RECEIVING OF BIDS

A. Proposals will be allowed until 3:00 p.m. February 22, 2024. After which, the response platform on BidNet Direct will be closed and cannot be reopened.

B. Proposals must be submitted via BidNet Direct at:

https://www.bidnetdirect.com/iowa/polkcounty

C. A Pre-Bid meeting will be held on at 3:00 pm, February 13, 2024 at the Jester Park Nature Center located at 12130 NW 128th Street, Granger, IA 50109.

1.6 FILING OF BIDS

Electronic Submittals will be accepted only via BidNetDirect.com until February 22, 2024. At one (1) minute after due date and time, the ITB posting will be closed and moved to the "Closed Bids" tab on the Polk County BidNet page. This cannot be reopened. The Polk County Procurement Office accepts no responsibility for delays in the receipt of your proposal for any reason. If the office determines that it is in the best interest of the county to extend a due date, an addendum will be posted to the ITB on BidNet.com and the request will be re-posted.

1.7 OFFICIAL CLOCK

The official clock is the date/time on BidNet Direct.com

1.8 OPENING OF BIDS

Proposals will be reviewed by the Procurement Division designated selection committee and will awarded to the lowest responsible bidder.

1.9 SELECTION PROCESS

Applicants are advised that the PCCB intends to select the applicant that it determines to be most responsive and responsible and will provide the highest quality products and efficient services.

1.10 REJECTION OF BIDS

The Polk County Conservation Board reserves the right:

To reject any and all bids.

To waive technical or insubstantial irregularities when not shown to have resulted in any unfair advantage to any applicant.

1.11 REPORTING OF ANTI-COMPETITIVE PRACTICES

When for any reason collusion or other anti-competitive practices are suspected among any applicants, the Deputy Director of Polk County Conservation shall prepare a notice of the relevant facts, which shall be given to the Director for review and possible involvement of the office of the Polk County Attorney.

1.12 POLK COUNTY CONSERVATION BOARD STATEMENT

The PCCB may show preference in purchasing goods and services from vendors who produce goods or maintain an office in Iowa. Preference may also be given to goods produced in Polk County or to vendors maintaining an office in Polk County. Further, the Polk County Conservation Board may actively solicit and seek out local vendors of goods and services and to encourage said vendors to stock and supply Iowa-made products.

1.13 TAXES

The PCCB is exempt from federal, state and local sales and use tax on the materials, equipment, parts supplied, or services pursuant to this contract.

1.14 EXCLUSIVE AGREEMENT

The Agreement which results from this Bids solicitation constitutes the exclusive agreement between parties and incorporates the provisions of these terms and conditions, and supersedes any previous agreements, either written or oral. The terms and conditions hereof may not be altered without prior written consent of both parties.

1.15 PROJECT DATES

The following dates represent the proposed project schedule. If it becomes necessary to change the schedule, all known bidders will be notified.

Advertised: January 22, 2024 Pre-Bid Meeting: February 13, 2024 Bid Opening: February 22, 2024 Award Date: March 13, 2024 Notice to Proceed April 1, 2024 Pre-Construction Meeting: April 15, 2024 Estimated Starting Date: May 31, 2024

Project Completion Date: September 31, 2024

ITB 2024-002

Four Mile Mountian Bike Park

PART II

TERMS AND CONDITIONS

2.1 TERMINATION

A. Termination for causes: The County may terminate the agreement resulting from this request at any time that the vendor fails to carry out its provisions or to make substantial progress under the terms specified in this request and the resulting Bids.

1. The County shall provide the contractor/vendor with five (5) days notice of conditions endangering performance.

2. The County shall be obligated only for those services rendered prior to the day of notice of termination, less any liquidated damages that may be assessed for nonperformance.

3. With the mutual agreement of both parties upon receipt and acceptance of not less than forty (40) days written notice, the agreement may be terminated on an agreed date prior to the end of the contract period without penalty to either party.

4. Polk County may terminate upon thirty (30) days notice if it determines it is in the

County’s interest to do so.

2.2 WARRANTIES AGAINST CONTINGENT FEES

The vendor warrants that no person or selling agency has been employed or retained to solicit and secure this contract upon an agreement of understanding for commission, percentage, brokerage, or contingency excepting bona fide employees or selling agents maintained by the contractor for the purpose of securing business. For breach or violation of this warranty, the County shall have the right to award this contract without liability, or in its discretion, to deduct from the contract price, or to otherwise recover the full amount of such commission, percentage, brokerage, or contingency.

Changes in provisions or services to be furnished under this bid may be made only in writing and must be approved mutually by the vendor and Polk County Conservation.

2.4 IMMUNITY FROM LIABILITY

Every person party to this agreement is hereby notified and agrees that Polk County, the using agency and any funding source for the using agency are immune from liability and suit for or from vendor's activities involving third parties and arising from this bid.

2.5 CONFLICTS BETWEEN TERMS

The County reserves the right to accept or reject any exception taken by the Offerer to the terms and conditions of this Invitation for Bid.

2.6 WAIVER OF INFORMALITIES

The County reserves the right to waive any and all informalities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Offerer.

2.7 TAXES - STATE AND LOCAL

A. The County is exempt from federal, state, and local sales and use tax on the equipment, materials, parts supplied, or services pursuant to this contract.

B. Iowa Code Sections 422.42(15) & (16) and 422.47(5) authorizes the approved contractor to purchase building materials, incorporated solely into this project, tax free. Polk County, upon approval of contract by the staff, will issue Tax Exemption Certificates to prime contractor and authorized sub-contractors.

C. The Tax Exempt Certificates will allow the purchase of qualifying items to be made exempt from Iowa sales tax, applicable local option sales tax, and school infrastructure local option sales tax. It is the prime contractor’s responsibility to keep records identifying the materials and supplies purchased and verifying they were used on this construction contract. Misuse of certificates could result in civil or criminal penalties.

2.8 EXCLUSIVE AGREEMENT

The agreement which results from this bid solicitation constitutes the exclusive agreement between parties and incorporates the provisions of these terms and conditions, and supersedes any previous agreements, either written or oral. The terms and conditions hereof may not be altered without prior written consent of both parties.

2.9 REMEDIES UPON DEFAULT

In any case where the vendor has failed to deliver or has delivered nonconforming goods or services, the County may procure goods or services in substitution from another source and charge the difference between the contracted price and the market price to the defaulting vendor. The Polk County Attorney shall be requested to make collection from the defaulting vendor.

2.10 ACTS OF GOD

A. Vendor shall not be considered to be in default under this agreement, if performance is delayed or made impossible by an act of God, floods, fires, strikes, and similar events; but in each such case, the delay or impossibility must be beyond the control and without the fault or negligence of vendor.

B. It shall be the responsibility of the vendor to promptly advise the Natural Resources

Manager of the delay. The County may elect to cancel all orders on file with the vendor and place the order with another vendor.

2.11 SUBCONTRACTORS

Successful vendors shall be responsible for all acts and performance of any subcontractor or secondary suppliers that the successful vendor may engage for the completion of the terms of this bid. A delay that results from a subcontractor's conduct, negligence, or failure to perform shall not exempt the vendor from default remedies. Successful vendor shall be responsible for payment to all subcontractors or secondary suppliers.

2.12 ASSIGNMENT

Vendors may not assign contracts or purchase orders to any party (including financial institutions) without written permission of Polk County Conservation.

2.13 TITLE TO GOODS

Vendor warrants that the goods procured hereunder are free from all liens, claims, or encumbrances.

2.14 INDEMNIFICATION

To the extent the goods are not manufactured in accordance with Buyer's designs, vendor shall defend, indemnify and hold harmless Buyer, Buyer's assignees, and other users of the goods from and against any claim of infringement of any letter patent, trade names, trademark, copyright, or trade secrets by reason of sale or use of any articles purchased hereunder. Buyer shall promptly notify vendor of any such claim.

2.15 DISCRIMINATION AND AFFIRMATIVE ACTION

A. Vendor shall comply with the provisions of federal, state, and local laws and regulations to insure that no employee or applicant for employment is discriminated against because of race, religion, color, age, sex, national origin, or disability.

Vendor shall have an affirmative action plan and shall provide the County with reports required to insure compliance with equal employment legislation and regulations if requested. Vendor shall insure that all authorized sub-vendors comply with the provisions of this clause.

B. A copy of the Bidder's "Affirmative Action Plan" must be made available to Polk

County upon request.

ITB 2024-002

PART III

SPECIAL REQUIREMENTS

3.1 BID SUBMITAL

Bids shall be submitted on ATTACHED Bid Proposal Form sheet.

3.2 BIDDER QUALIFICATIONS

A. Bidders shall be prepared to satisfy Owner as to integrity, experience, adequacy of equipment and personnel, and ability to perform work specified.

B. If successful bidder is a non-Iowa corporation, the bidder shall permit proof to jurisdiction prior to execution of contract of authorization by Secretary of State to do business in Iowa.

C. Contractor Qualifications

1. Contractor must be a member of the Professional Trail Builders Association

(PTBA)

2. Contractor must have a minimum of three (3) years of professional trail building experience.

3. Contractor must submit (with the bid) references of three (3) successfully-completed projects that must include:

a) Project Name or client, location, and contact person and info.

b) Plans and drawings, sketches, etc.

c) Project budget and length of trail.

d) Photos of the completed project (Rocks and wood features, tread, earth berms and jump lines).

Any negative feedback from references may disqualify a potential bidder from being awarded the project contract.

3.3 INSURANCE CERTIFICATE

A Certificate of Insurance naming Polk County as an additional insured will be required upon award of bid as follows: “Polk County Conservation Board, Polk County Government, it’s Elected Officials, Employees, Agents and/or Assigns are Additional Insured’s with respect to Project: “Four Mile Mountain Bike Park”. See Attached Requirements.

3.4 BONDS

A. A "Bid" bond in the amount of 5% is required for this project.

B. Both a "Performance" and "Payment" bond will be required for this project in the amount.

C. A 5% retainage will be withheld from payment until final inspection of completed project.

3.5 DETAILED PLANS

A, Detailed Plans have been prepared and provided by Snyder & Associates, Inc., dated January 19, 2024.

ITB 2024-002

PART IV

GENERAL REQUIREMENTS

4.1 SUMMARY

Work includes the construction of a mountain bike trail system including trail construction, technical features, boulder and stonework, earthen ramps and associated work. All Work to be in compliance with the all laws and permits.

Additional payments for increased quantities, labor or equipment usage will only be allowed if a change order is warranted due to a change in project scope or unforeseen conditions.

4.2 QUALITY ASSURANCE

Perform all work in compliance with applicable requirements of governing authorities having jurisdiction.

1. The Technical Specifications that apply to the materials and construction practices shall be in accordance to the 2023 edition of the Iowa States Urban Specifications for Public Improvements (SUDAS), except as modified by these Special Provisions.

4.3 PROTECTION

Protect from damage existing buildings, walks, paving, fencing, sod and other items noted to remain. Maintain bench marks, monuments, property stakes and other reference points.

The Contractor is to use due caution in working over and around high pressure gas lines.

Contractor is responsible for correcting damage caused to existing construction, utilities, surfacing, tile lines, and other items noted to remain and no additional expense to the owner.

4.4 SAFETY

All work and methods of construction shall conform to the State of Iowa Bureau of Labor and all OSHA Standards.

4.5 ACCESS

Access to and from the project site shall occur from the southwest corner of the property from Williams Street.

4.6 FINAL INSPECTION

Work will not be considered for final inspection until all the work has been completed and the Contractor has certified all items are in strict compliance with the contract documents.

The Contractor and Owner Representative shall mutually agree on a date/time for a final inspection and both be present at the job site during said process.

The Owner Representative will present the Contractor a list of items not meeting contract requirements. This list will be confirmed in writing and all items listed must be made acceptable before final payment will be made.

4.7 LIQUIDATED DAMAGES

All work must be completed and accepted by the completion dates assigned. If the contractor fails to meet the completion deadlines liquidated damages may be assets to the Contractor in the amount not to exceed five hundred dollars ($500.00) per day the project goes beyond the contract time.

ITB 2024-002

PART V

SCOPE OF WORK

Scope of Work (General):

5.0 SCOPE OF WORK (General):

Work includes the construction of a mountain bike trail system including trail construction, technical features, boulder and stonework, earthen ramps and associated work.

ITB 2024-002

Four mile Mountian Bike Park

BID PROPOSAL

Type of Work: Construction Project No. ITB 2024-002 Letting Date February 22nd, 2024 Park/Area Four Mile Mountain Bike Park

Project Location 1601 Williams Street, Des Moines, Iowa

Description of Work: Work includes the construction of a mountain bike trail system including trail construction, technical features, boulder and stonework, earthen ramps and associated work.

The bidder hereby certifies that no other principal is involved in or has an interest in this proposal; that the bidder has thoroughly examined the site of the work and understands that the quantities of work required by the plans and specifications and addend ___,___,___,___, and___, are approximate only and are subject to increases and decreases; that the bidder understands that all quantities of work actually required must be performed and that payment therefore shall be at the unit process stipulated herein; that the bidder proposes to timely furnish the specified materials in the quantities required and to furnish the machinery, equipment, labor and expertise necessary to competently complete this project by the time specified; that no state or county official or employee has a direct or indirect interest in the contract which would cause violation of Iowa Code Section 314.2; that the bidder has made no agreement with any supplier of motor fuel or special fuel which will result in violation of Iowa Code Section 452A.17(8).

If this bid is accepted, Bidder agrees: to perform all “extra work” required to complete the project at unit prices or lump sums to be agreed upon in writing prior to commencement of such “extra work” or, if prior agreement cannot be reached, to perform the work on a “force-account basis” as provided in the specifications; to execute the formal contract within thirty day of the date of approval for award or to forfeit the proposal guaranty furnished herewith;

to begin work in accordance with the contract documents and to either complete the work within the contract period or pay liquidated damages, which shall accrue at the daily rate specified above, for each additional working day the work remains uncompleted; and to furnish a performance bond in an amount equal to the contract award as security for the full and complete performance of the contract in accordance with the plans and specifications.

Enclosed herewith is a certified check, credit union share draft, cashier’s check, bank draft on a solvent or a bid bond in the penal sum shown in the contract document as a proposal guaranty. It is understood by bidder that the said guaranty document shall be retained by the Contracting Authority as a forfeiture in the event the formal contract is not executed or performance bond is not furnished if the award is made to the undersigned.

The signing of the Bid Document shall serve as an unsworn declaration that, I (the owner, partner, President, other corporate officer, or an authorized representative) hereby certify under penalty of perjury under the laws of the United States and the State of Iowa that I have read, understand, and accept the Bidding Certifications and other provisions contained in the Proposal Notice and the DBE Contract Provisions (if a DBE goal has been set).

Proposal of _________________________________________________

Name of Bidder

Street Address City State Zip Code

Federal Tax I.D. No.______________________________________________

Signatures are to be by authorized agent. If joint venture, each shall sign.

Signature Date Signature Date

Project No. ITB 2024-002 Park/Area: Four Mile Mountain Bike Park Page No. 1 of 1

UNIT BIDS MUST BE TYPED OR SHOWN IN INK OR THE BID WILL BE

REJECTED.

SCHEDULE OF PRICES

ITEM DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

PRICE

1 TRAIL SEGMENT 101 – TRADITIONAL ADAPTIVE 1724 LF

2 Features (2-3 per 100 LF) 1 LS

3 TRAIL SEGMENT 101A – TECHNICAL/GRAVITY 745 LF

4 Technical Rock Features 150 SF

5 Over/Under Bridge Structure 1 LS

6 Earth Berm Turns 4 EA

7 Jumps (Dirt) 3 EA

8 Rock Corral 1 EA

9 TRAIL SEGMENT 101B – TECHNICAL/GRAVITY 827 LF

10 Rock Features at Starting Hub 1 LS

11 Rock Features 175 SF

12 Jumps (Dirt) 4 EA

13 Berm (Wood Structure) 1 LS

14 Rock Jumps/Senders 4 EA

15 Rock Corral 1 EA

16 TRAIL SEGMENT 102 – TRADITIONAL ADAPTIVE 832 LF

17 TRAIL SEGMENT 103 – TRADITIONAL ADAPTIVE 1820 LF

18 TRAIL SEGMENT 104 – TRADITIONAL ADAPTIVE 4265 LF

19 Rock Amor at Drainage 100 SF

20 Features (2-3 per 100 LF) 1 LS

21 TRAIL SEGMENT 105 – TRADITIONAL 3810 LF

22 Rock Armor 45 SF

23 Features (2-3 per 100 LF) 1 LS

24 TRAIL SEGMENT 201 – TRADITIONAL 912 LF

25 TRAIL SEGMENT 202 – TRADITIONAL 717 LF

26 Features (5-8 per 100 LF) 1 LS

27 Alternate Routes 1 LF

28 TRAIL SEGMENT 203 - GRAVITY 850 LF

29 Features (5-8 per 100 LF) 1 LS

30 Alternate Routes 1 LF

31 Rock Corral 1 EA

32 TRAIL SEGMENT 204 – GRAVITY ADAPTIVE 1158 LF

33 Features (3-5 per 100 LF) 1 LS

34 Trail Entrance (Posts) 6 EA

35 Site Grading for Gravity Zone 1 LS

36 Erosion Control Measures 1 LS

37 Mobilization 1 LS

TOTAL CONSTRUCTION COST

POLK COUNTY GOVERNMENT

INSURANCE AND

CERTIFICATE REQUIREMENTS

REQUIREMENTS.

The contractor shall secure and maintain throughout the duration of this contract, insurance of such types and not less than the amounts specified herein. The Contracting Authority (POLK COUNTY) shall be named as “Additional Insured,” using the following language: “POLK COUNTY GOVERNMENT, its Elected Officials, Employees, Agents, and Assigns.”

Insurance coverage will be considered acceptable when provided in one of the following methods:

The Contractor shall furnish the Contracting Authority with a proper Certificate of Insurance or affidavits executed by representatives of duly qualified insurance companies, doing business in IOWA for approval by the Contracting Authority.

The Certificate shall identify the following: the insurance company firm name and address;

contractor firm name and address; insurance policy(s) number(s); policy period; type of policy and coverage; limits of coverage; description of operations covered; certificate holder/”Additional Insured”; and cancellation clause.

All certificates submitted for the purpose of complying with these specifications shall identify as the “Named Insured” the Contractor; and the Contracting Authority, its agents and representatives, as “Additional Insureds.”

This requirement shall apply with equal force, whether the work is performed by (1) persons employed directly by the Contractor, (2) by a subcontractor, or (3) by an independent contractor.

Regardless of such approval by the Contracting Authority, it shall be the responsibility of the Contractor to maintain adequate insurance coverage at all times, and failure to do so shall not relieve the Contractor of any contractual obligation or responsibility. Failure on the part of the Contractor to maintain this insurance in full effect will be treated as such by the Contracting Authority. Failure on the part of the Contractor to comply with the requirements of this article will be considered sufficient cause to suspend the work, withhold payment(s), and/or be disqualified from receiving further contract awards.

Insurance policies filed with the Contracting Authority shall state that thirty (30) calendar days prior written notice will be given to the Contracting Authority before any policy covered thereby is changed or canceled.

Evidence of insurance coverage as identified and stipulated by these specifications shall be approved by the Contracting Authority prior to any work being performed by the Contractor, subcontractor(s), or agents of the Contractor.

TYPES OF INSURANCE

A. Workers’ Compensation and Employers’ Liability. This insurance shall protect the Contractor against all claims under Iowa Workers’ Compensation Law. The Contractor shall also be protected against claims for injury, disease, or death, or employees which for any reason, may not fall within the provisions of the Workers’ Compensation Law. The insurance requirements shall not be less than the following:

1. Workers’ Compensation – Statutory

2. Employers’ Liability

a. $500,000 Per Accident

b. $500,000 Disease, Policy Limit

c. $500,000 Disease, Each Employee

B. Commercial General Liability. This insurance shall be written in comprehensive form and shall protect the Contracting Authority against all claims arising from injuries to any person or damage to property of others arising out of any negligence of the Contractor.

The Contractor shall provide and maintain insurance coverage to protect the Contracting Authority against any and all claims for damages for personal injury, including accidental death, as well as from claims under this contract, whether such operations be performed by the Contractor or any subcontractors, or by one directly or indirectly employed by the Contractor or any subcontractors.

The liability limits shall not be less than the following:

General Aggregate $ 2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one Fire) 100,000 Medical Expenses (Any One Person) 5,000

C. Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor against all claims for the operation of motor vehicles, whether they are owned, non-owned, or hired, by or on behalf of the Contractor.

The liability limits shall not be less than the following:

$1,000,000 CSL (Combined Single Limit) per accident

D. Excess Liability Umbrella. The Contractor shall procure and maintain, during the life of this contract $2,000,000 Excess Liability Coverage (Umbrella). This coverage is over and above the underlying coverage of $1,000,000/$2,000,000 the General Liability and Automobile & Employers Liability.

E. Builders Risk Insurance. Coverage shall be equal to 100 per cent of the replacement cost of all proposed construction (when applicable).

F. Subcontractors. The contractor shall require that any of its agents and / or subcontractors, who perform work and/or services pursuant to the provisions of this contract, meet the same insurance requirements as are required of the prime contractor.

G. Performance Bond. A bond for the faithful and timely completion of the entire proposal must be provided with a limit of 100 percent of the contract sum (when applicable).

H. Liquor Liability. Comprehensive liquor liability coverage shall be purchased with limits not less than $1,000,000. This coverage is mandatory when the contractor/vendor will be serving alcohol for consumption.

MISCELLANEOUS.

A. Cost of Insurance. The Contracting Authority shall make no direct payments to the Contractor for any costs associated with securing, maintaining, and/or providing the insurance coverage required by the Contract Department. All costs of such coverage shall be included in the prices bid and no additional payments for such costs shall be made.

B. Personal Liability of Public Officials. In carrying out any of the provisions of the contract, or in exercising any power or authority granted to any agent or representative of the County Board thereby, there shall be no liability upon such agent or representative, including the engineer or authorized assistants, either personally or as an official of the County Board, it being understood that in such matters they act as the agent and representative of the County Board.

C. Non-Waiver of Legal Rights. The Contracting Authority shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment thereof, from showing the true amount and character of the work performed and the materials furnished by the Contractor, or from showing that such measurement, estimate, or certificate is untrue or incorrectly made or that the work or materials do not in fact conform to the contract.

The Contracting Authority shall not be precluded or estopped, notwithstanding any such measurement, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and Surety such damages as it may sustain by reason of failure to comply with the terms of the contract. Neither the acceptance by the Contracting Authority, nor any representative(s), nor payment for acceptance of the whole or any part of the work, nor any extent of time, nor any possession taken place by the Contracting Authority shall operate as a waiver of any portion of the contract, or any powers herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other subsequent breach.

D. Litigation for Claims and Save Harmless Clause. The Contractor shall indemnify and hold harmless the Contracting Authority, Board of Supervisors, Elected Officials, Employees, Agents, and Assigns from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person(s), or property because of any act, omission, or neglect in safeguarding or performing the work, or through use of unacceptable materials in constructing the work.

The Contractor shall also hold the Contracting Authority, Board of Supervisors, Elected Officials, Employees, and their Assigns harmless from all claims for damages arising from any neglect, default, or mismanagement or omission of the Contractor, any subcontractor(s), agent, or employee in the performance of any duties imposed by this contract, or by law. If any litigation on account of such claims shall be commenced against the Contracting Authority, Board of Supervisors, Elected Officials, Employees, Agents, or Assigns, the Contractor, upon notice thereof from the Contracting Authority, shall defend the same at their cost and expense; and the record of any judgement rendered against the Contracting Authority, Board of Supervisors, Elected Officials, Employees, Agents, or Assigns to recover the full amount thereof, with interest and costs, and attorney’s fees incurred by said Contracting Authority. The right of action therefore shall accrue to the Contracting Authority as soon as judgement shall have been rendered, whether the Contracting Authority shall have paid the amount or not.

THE CONTRACTOR IS REQUIRED TO BE IN ACCORDANCE WITH ALL O.S.H.A. SAFETY

GUIDELINES AND REGULATIONS AT ALL TIMES DURING THE CONTACT PERIOD.

POLK COUNTY GOVERNMENT

CERTIFICATE OF INSURANCE

REQUIREMENTS.

Certificates of Insurance are required on every contract to show proof of adequate insurance. A Certificate shall be submitted with each set of contract documents to the Risk Manager for review. Contract documents will not be submitted to the Board of Supervisors for execution until the Certificate of Insurance is correct and has received staff approval. The Certificate(s) must specifically identify the project (No yearly or all – project certificates will be accepted), and show POLK COUNTY GOVERNMENT, its Elected Officials, Employees, Agents, and Assigns, as “Additional Insured.”

The following statements are requirements and should aid in the preparation of an acceptable certificate. The statement numbers refer to the circled numbers on the sample certificate.

1. The name of the producer with complete address, zip code, and telephone number.

2. The Name of the Insured with complete address, zip code, and telephone number.

3. The issue date must be complete.

4. The insurance companies affording coverage must be named and approved by the Insurance Commission of the State of Iowa. The Company letters (4a) must be placed along the corresponding insurance coverages (4b).

5. All Certificates shall state that XCU Coverage is included. (If applicable)

The limits listed below are minimum acceptable limits. The Insurance Agent should review the Contract Special Provisions for each project, and verify with POLK COUNTY RISK MANAGEMENT that the insurance requirements have not been changed, as limits may vary from project to project.

6. General Liability:

General Aggregate $2,000,000

Product Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $ 100,000 Medical Expense (Any one person) $ 5,000

7. Automobile Liability: $1,000,000

Each Accident Combined Single Limit

8. Workers’ Compensation:

- Statutory Benefits

- Employers’ Liability (Coverage B) $ 500,000

9. Excess Liability Umbrella $2,000,000

10. Builders Risk

a. Shall be equal to 100 per cent of replacement cost of construction.

(When Applicable)

11. Performance Bond

a. For the faithful and timely completion of the entire proposal with a limit of 100 percent of the contract sum

(When Applicable)

12. Liquor Liability $1,000,000

a. Mandatory for contractors/vendors who serve alcohol for consumption

13. Policy numbers for all policies must be included

14 Policy effective dates for all policies must be included

15. Policy expiration dates must be included.

16. Description of Operations: The Project Name and Work Order Number must be shown. All contracts require “POLK COUNTY GOVERNMENT, its Elected Officials, Employees, Agents, and Assigns” to be additionally insured.

17. POLK COUNTY GOVERNMENT must clearly and explicitly be shown the Certificate

Holder.

18. The Cancellation Clause must read exactly as follows:

“Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named to the left.”

19. All certificates of insurance must be signed by an authorized representative.

20. In order to preserve the governmental immunities available as defenses to contractor (or Licensor) and its officials and employees, any insurance policy must contain an endorsement with the following language:

“The Company and the Insured expressly agree and state that the purchase of this policy of insurance by the Insured does not provide coverage for torts specified in Iowa Code 670.4, and that the Insured does not waive any of the defenses of governmental immunity available to the Insured under Iowa Code 670.4 as it now exists and as it may be amended from time to time. The Company and the Insured further expressly agree and state that the Insured may, at any time, assert any of the governmental immunity defenses available to it without affecting the coverage afforded under this policy.”

All bidders must submit the following completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156.

Bidder Status Form

To be completed by all bidders Part A Please answer “Yes” or “No” for each of the following:

☐ Yes ☐ 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 ☐ No My company has an office to transact business in Iowa.

☐ Yes ☐ No My company’s office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.

☐ Yes ☐ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project.

☐ Yes ☐ No 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 non-resident bidder. Please complete Parts C and D of this form.

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: to Address:

(mm/dd/yyyy) City, State, Zip:

You may attach additional sheet(s) if needed.

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 bidders who are residents? ☐ Yes ☐ 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:

Signature: Date: