ITB_2023_008_Polk County Conservation Board_Jester Park Addition_092923.pdf

Invitation to Bid

ITB 2023-008

Jester Park Nature Center Addition

Prepared by Polk County Conservation

12130 NW 128th Street Granger, IA 50109

515.323.5300 www.leadingyououtdoors.org http://www.leadingyououtdoors.org/

Polk County Conservation Board

ITB 2023-008

for

TABLE OF CONTENTS

Section Page No.

Official Publication 3

Part I – Bidder Information 4

Part II – Terms and Conditions 7

Part III – Special Requirements 11

Part IV – General Requirements 12

Part V– Scope of Work 15

Bid Proposal Form 16

Insurance Requirements 19

Bidder Status Form 28

DIVISION II

Construction Plans Attached

OFFICIAL PUBLICATION

NOTICE TO BIDDERS

ITB 2023-008

Bids for ITB 2023-008 Jester Park Nature Center Addition project 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 addition to the Nature Center that includes the demolition of an existing outdoor roof terrace and constructing an addition to the existing building that includes a gift shop, an office space, a mother’s nursing room/quiet room, and a room with and adult changing table including all plumbing, electric, HVAC, and finishes. All Work shall be completed by June 1, 2024.

Bids will be received until 3:00.00p.m., on October 26, 2023 on BidNet Direct https://www.bidnetdirect.com/iowa/polkcounty or delivered to Adam Fendrick at Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109. 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 November 8, 2023 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 2023-008 Jester Park Nature Center Addition.

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.

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

POLK COUNTY CONSERVATION

POLK COUNTY IOWA

ITB 2023-008

PART I: BIDDER INFORMATION

1.1 PURPOSE

The Polk County Conservation Board (PCCB) would like to contract ITB 2023-008 Jester Park Nature Center Addition 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 PRE-BID MEETING

A pre-bid meeting will be held for this ITB on Thursday, October 12, 2023 at 1:30 pm. at Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109. Attendance is not mandatory but highly recommended. This is the only onsite meeting that will be held in relation to this ITB.

1.3 INQUIRIES

Inquiries concerning this ITB must be submitted via BidNet Direct or via email.

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 12:00am on Monday, October 16, 2023 Polk County Conservation will respond on the BidNet Direct posting which will be published as addendums on Monday, October 23, 2023 by 5:00pm.

1.4 APPLICANT’S RESPONSIBILITIES

Before submitting a Bid, each bidder 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 bidder 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 bidder.

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 bidder.

1.5 RECEIVING OF BIDS

A. Proposals will be received until 3:00.00p.m., on October 26, 2023.

B. Proposals may be delivered to Adam Fendrick at the Jester Park Nature Center 12130

NW 128th Street, Granger, Iowa 50109 or submitted via BidNet Direct at:

1.6 FILING OF BIDS

Electronic Submittals will be accepted via BidNetDirect.com or delivered to Adam Fendrick at the Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109 until 3:00.00p.m., on October 26, 2023. 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 and will not accept late bids. 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

Bids will be publicly opened and read aloud on at 3:05pm on October 26, 2023 at the Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109. Submissions will be reviewed by the Polk County Conservation selection committee who will then bring a recommendation to the Polk County Conservation Board. Awards will be made at the regularly scheduled board meeting on the second Wednesday of each month at 5:30pm (CST)

1.9 SELECTION PROCESS

Bidders are advised that the PCCB intends to select the bidder that it determines to be most responsive and responsible and will provide the highest quality products and efficient services. Final approval is at the discretion of the Polk County Conservation Board.

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 bidder.

1.11 FAILURE TO COMPLY

Failure to supply information requested to accompany bids may be cause for rejection of the submission as noncompliant. Polk County Conservation reserves the right to request additional information if clarification is needed. Both the request and the response shall be in writing.

1.12 GRATUITIES AND GIFT LAW

The laws of Iowa provide that it is a felony to offer, promise, or give anything of value or benefit to a county employee with the intent to influence that employee's acts, opinion, judgment or exercise of discretion with respect to that employee's duties. Evidence of violations of this statute will be turned over to the County Attorney's Office. Refer to Iowa Code 68B.22

1.13 REPORTING OF ANTI-COMPETITIVE PRACTICES

When for any reason collusion or other anti-competitive practices are suspected among any bidders, 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.

1.14 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.

1.15 ITB EXPENSES

Expenses incurred in preparation of the ITB responses, conference attendance, site visits, or any other reason or function for the bidder to respond to this ITB shall be the responsibility of the bidder.

1.16 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: September 28, 2023 Pre-Bid Meeting: October 12, 2023 Bid Opening: October 26, 2023 Award Date: November 8, 2023 Notice to Proceed: December 15, 2023 Pre-Construction Meeting: January 2, 2024 Estimated Starting Date: January 15, 2024

Project Completion Date: July 15, 2024

1.17 Ties

In the event that two or more equally low, responsive bids from responsible bidders are received, the vendor will be selected through a random coin toss completed by the project manager.

1.18 Intent to Award

Once PCC staff has concurred in the award decision and the PCCB has approved, PCC staff will communicate the decision in writing to all parties submitting bids.

PCC shall then allow a 3-day-waiting period to determine whether there will be any protest of the award decision. At the end of that period, if no protest has been received, PCC may proceed with issuing a contract to the winning bidder. See section 2.17 for more information on the protest process.

ITB 2023-008

PART II: TERMS AND CONDITIONS

2.1 TERMINATION

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 bidder 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 bidder.

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 Project 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 bidders shall be responsible for all acts and performance of any subcontractors or secondary suppliers that the successful vendor may engage for the completion of the terms of this proposal. A delay that results from a subcontractor’s conduct, negligence, or failure to perform shall not exempt the prime Bidder from default remedies. Bidder shall be responsible for payment to all subcontractors or secondary suppliers. Bidder shall provide Lien wavers from subcontractors prior to final payment being made.

2.12 ASSIGNMENT

The successful bidder 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

The Bidder shall indemnify, defend and hold harmless Polk County, Iowa, its elected and appointed officials, directors, employees, volunteers, agents, their predecessors, successors and assigns from and against any and all liabilities, disputes, claims, demands, cause of actions, lawsuits, damages, judgments, losses, costs and expenses, including without limitation reasonable legal and accounting fees, asserted or recovered against the County, by reason of or resulting from any injury or damages to persons, including but not limited to any personal injury, including death;

or damages to any property, including but not limited to any loss of use thereof, and economic damages claimed, caused, arising out of or in connection with the Proposer’s, including Bidder’s employee’s, agent’s, representative’s or subcontractor’s, acts, errors, omissions, default, breach, mismanagement or negligence, in the performance of the terms, obligations or duties imposed by the terms of this Agreement or required by law. This provision shall survive the expiration or termination of this Agreement.

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 bidder 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 subvendors 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.

C. Polk County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of

Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

2.16 THE RESULTING CONTRACT(S)

A. All parts of the ITB, the contents of the service provider’s submittal, the Pre-Bid Standard Terms and Conditions, and any clarification thereto submitted by the successful bidder shall become part of the contractual obligation and incorporated by reference into the ensuing contract document.

B. There may be unannounced service quality evaluations during the contract period C. Polk County Conservation may terminate the contract resulting from this ITB with or without cause by giving thirty (30) days written notice. The bidder will be paid for equipment provided and services completed.

2.17 PROTEST PROCESS

A. The procuring agency must make every effort to make award recommendations in a fair, open, ethical, and transparent manner. In the event that a bidder feels that an award has been made unfairly or improperly, the Bidder has the right to protest that award within three (3) days of receiving the notification of award. If a protest has been filed before the opening of bids (pre-bid protest must be submitted at least 48 business hours prior to bid opening), the procurement administrator should not open bids prior to the resolution of the protest, unless the Procurement Office has given approval to open the bids on the basis of an emergency situation.

B. Formal protests must be submitted in writing to the Director of Polk County Conservation. The director will meet with the staff administering the procurement and all evaluation team members and respond in writing with a formal decision which will include explanation of how the decision was derived. If the protest is approved, Polk County Conservation will notify all bidders and may issue an addendum to the original RFP, extend the due date, terminate the RFP and re-issue, eliminate any or all respondents based on a “Non-Responsive” and/or “Non- Responsible” determination, and/or change the award to a different respondent based on the findings of the protest investigation. The decision of the Director is final.

2.18 DELETED ITEMS

Polk County Conservation reserves the right to delete parts or all of the contract items at no additional cost to the County.

2.19 PAYMENT

Successful bidder can submit invoices every two weeks, depending on work completed.

2.20 DISCLOSURE OF BID CONTENT

The laws of Iowa require that all bids be placed in the public domain and be open to inspection by interested parties. Trade secrets or proprietary information that are recognized as such and protected by law may be withheld if clearly identified as such in the bid. The entire bid cannot be designated as proprietary or trade secret. If a request is received to examine portions designated as proprietary or a trade secret, the county will notify the Bidder to permit the Bidder to defend the proprietary nature of the information.

ITB 2023-008

PART III: SPECIAL REQUIREMENTS

3.1 BID SUBMITAL

Bids shall be submitted on via BidNet Direct or delivered to Adam Fendrick at the Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109 and use the attached Bid Form.

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. Is 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.

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: “Jester Park Nature Center Addition Project”. See Attached Requirements.

3.4 BONDS

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

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

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

3.5 DETAILED PLANS

A. Detailed Plans and Specifications have been prepared By MA Architecture and provided by Polk County Conservation.

ITB 2023-008

PART IV: GENERAL REQUIREMENTS

4.1 SUMMARY

This project consists of all materials, equipment, and labor necessary to complete the addition to the Nature Center that includes the demolition of an existing outdoor roof terrace and constructing an addition to the existing building that includes a gift shop, an office space, a mother’s nursing room/quiet room, and a room with and adult changing table including all plumbing, electric, HVAC, and finishes. All Work shall be completed by June 1, 2024. All work must be completed in compliance with the all laws and permits.

The Polk County Conservation Deputy Director interpretation of all specifications shall be final.

Polk County Conservation will not provide price adjustments for cost increases or decreases in the price of fuel.

In cases of discrepancy between this scope and the specifications, the scope will take precedence.

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.

All equipment must be cleaned of any debris (mud, plant material…etc) BEFORE mobilization to job site.

4.2 QUALITY ASSURANCE

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

1. When applicable, the Technical Specifications that apply to the materials and construction practices shall be in accordance to the latest 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.

Contractor shall be responsible to notify all utility companies of the construction schedule.

Contractor shall be responsible for obtaining utility locates prior to performing any excavation. One-Call before digging – 1-800-292-8989.

4.5 ACCESS

Access to the site shall be from behind that Nature Center building.

4.6 FINISH GRADING

After completion of rough grading, scarify remaining areas to a depth of 4", or as approved by Owner. Grade surfaces to eliminate water pockets, irregularities, eliminate soil lumps and round off abrupt changes in slope.

If sand pockets or seams are encountered during excavation, contractor must over excavate until suitable material is reached. Suitable material must then be used to backfill the area to reach desired final grade as specified in the Plans and Specifications.

4.7 SITE RESTORATION

Upon completion of construction, remove all excess materials and construction debris and restore any damage done to existing buildings or landscape. After Contractor finishes final grading PCCB will seed areas with a seed mixture of their choice.

4.8 CONTROL POINTS

Contractor shall be responsible for setting control points to supplement the grading process. The firm selected to set points must be approved by both PCC and their engineer.

Cost for work will be at Contractors expense.

4.9 CONTRACTOR ITEMS

It shall be the responsibility of the Contractor to create a Stormwater Pollution Prevention Plan (SWPPP) according to the requirements of the Iowa DNR NPDES and obtain General Permit No. 2. Additionally, the execution of the SWPPP must follow the guidelines outlined is SUDAS Section 9040, 1.08, A; Part 3.

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

The Owner 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 2023-008

PART V: SCOPE OF WORK

Scope of Work (General):

5.0 SCOPE OF WORK (General):

This project consists of all materials, equipment, and labor necessary to complete the addition to the Nature Center that includes the demolition of an existing outdoor roof terrace and constructing an addition to the existing building that includes a gift shop, an office space, a mother’s nursing room/quiet room, and a room with and adult changing table including all plumbing, electric, HVAC, and finishes. All Work shall be completed by June 1, 2024.

ITB 2023-008

BID PROPOSAL

Type of Work: Construction Project No. ITB#2023-008 Letting Date October 26, 2023 Park/Area Jester Park Nature Center

Project Location Jester Park Nature Center 12130 NW 128th Street, Granger, Iowa 50109

Description of Work: This project consists of all materials, equipment, and labor necessary to complete the addition to the Nature Center that includes the demolition of an existing outdoor roof terrace and constructing an addition to the existing building that includes a gift shop, an office space, a mother’s nursing room/quiet room, and a room with and adult changing table including all plumbing, electric, HVAC, and finishes. All Work shall be completed by June 1, 2024.

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 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

ITB 2023-008

BID FORM

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

FIRM NAME

ADDRESS

CITY STATE ZIP CODE

ITEM

NO. ITEM DESCRIPTION UNIT QTY TOTAL PRICE

Jester Park Nature Center Addition

Lump Sum 1

TOTAL

BID

I further acknowledge receipt of Addenda #_______________ through #________________.

Name (Please Print) _______________________________________ Title _______________________________________

Authorized Signature _____________________________________ Date _____________________________________ Phone _____________________________________ Fax _____________________________________

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, IOWA, shall be named as “Additional Insured,” using the following language:

“General Liability Additional Insured, Work Comp Waiver of Subrogation and Non-Waiver of Governmental Immunities apply for POLK COUNTY IOWA / POLK COUNTY CONSERVATION, Its Elected and Appointed Officials, Employees, Agents, Their Predecessors, Successors 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.

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 Polk County, Iowa, 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 Polk County, Iowa. 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 Polk County, Iowa shall state that thirty (30) calendar days prior written notice will be given to the Polk County, Iowa 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 Polk County, Iowa 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

Contractor’s policy must be endorsed to add a Waiver of Subrogation in favor of Polk County.

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. Professional Liability (Errors & Omissions). Contractor will maintain, at its expense: Professional Liability Insurance in the amount of $2,000,000 including coverage for Errors & Omissions caused by Contractor’s negligence in the performance of its duties under this agreement. (WHEN APPLICABLE)

D. 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

E. 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.

F. Builders Risk Insurance. Coverage shall be equal to 100 per cent of the replacement cost of all proposed construction

G. 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.

H. 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

I. 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 Polk County, Iowa thereby, there shall be no liability upon such agent or representative, including the engineer or authorized assistants, either personally or as an official of Polk County, Iowa, it being understood that in such matters they act as the agent and representative of the Polk County, Iowa.

C. Non-Waiver of Legal Rights. Polk County, Iowa 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.

Polk County, Iowa 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 Polk County, Iowa, 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 Polk County, Iowa 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 Polk County, Iowa, Its Elected and Appointed Officials, Employees, Agents, Their Predecessors, Successors and Assigns from any and all claims, disputes, demands, damages, actions, judgements, liability, loss, cost and expense, including reasonable legal and accounting fees, by reason or result of personal injury, including death, damage to person or property, including loss of use thereof and economic damages of arising out of Contractor’s act, errors, omissions, negligence, default, mismanagement in safeguarding or performing the work, or through use of unacceptable materials in construction the work in connection with Contractor’s performance of the terms, obligations or duties imposed pursuant ot the underlying Agreement or by law.

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 to include the following wording: “General Liability Additional Insured, Work Comp Waiver of Subrogation and Non-Waiver of Governmental Immunities Apply for POLK COUNTY IOWA / POLK COUNTY CONSERVATION, Its Elected and Appointed Officials, Employees, Agents, Their Predecessors, Successors and Assigns”.

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 Workers Compensation policy must be endorsed to add a Waiver of

Subrogation in favor of the Contracting Authority (Polk County, Iowa / Polk County Conservation).

5. The name of the insurer (insurance company) 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).

6. 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. Professional Liability (When Applicable) $2,000,000

8. Automobile Liability: $1,000,000

9. Each Accident Combined Single Limit

10. Workers’ Compensation:

- Statutory Benefits

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

11. Excess Liability Umbrella $2,000,000

12. Builders Risk

a. Equal to 100 per cent of replacement cost of construction.

(When Applicable)

13. Performance Bond

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

14. Liquor Liability $1,000,000

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

15. Policy numbers for all policies must be included

16. Policy effective dates for all policies must be included

17. Policy expiration dates must be included.

18. Description of Operations: The Project Name and Work Order Number must be shown. All contracts require the following wording: “General Liability Additional Insured, Work Comp Waiver of Subrogation and Non-Waiver of Governmental Immunities apply for POLK COUNTY GOVERNMENT, its Elected and Appointed Officials, Employees, Agents, Predecessors, Successors and Assigns”. Cancellation Clause must also be included in the Description of Operations Section.

19. POLK COUNTY IOWA must clearly and explicitly be shown the Certificate Holder.

20. 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 shall mail thirty (30) days prior written notice to the certificate holder(s) named on the Certificate to the left.”

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

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

Non Waiver of Governmental Immunity: We, the insurance carrier and insured, expressly agree and state that the purchase of this policy and the naming of Polk County, Iowa as an additional insured shall not waive any of the defenses of governmental immunity available to Polk County, Its Elected and Appointed Officials, Employees, Agents, Their Predecessors and Successors and Assigns, pursuant to Section 670.4 of the Code of Iowa, as it now exists and as it may amended from time to time.

Non-Denial of Coverage: We, the insurance carrier and insured, shall not deny coverage under this policy and we shall not deny any of the rights and benefits accruing to Polk County, Iowa shown in the schedule under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by Polk County, Iowa.

(Revised 07-03-23)

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:

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.

☐ Yes ☐ No My business is currently registered as a contractor with the Iowa Division of Labor.

☐ Yes ☐ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes.

☐ Yes ☐ No 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 ☐ 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 ☐ 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 ☐ 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 ☐ 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 ☐ 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 ☐ 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…