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HomeMy WebLinkAboutVieth Construction c E. 00 3 � � o v 6 ,p w C r� U ®SoLn L UQ Ln — � ® ALL � U m p v c� m o � V � pLo az V 0 �v L) Y CO -O U BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Vieth Construction Corporation as Principal, and North American Specialty Insurance Company as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum ---Five Percent of the Bid Submitted-- Dollars ($ ---5i-- ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, finely by these presents. The condition of this obligation Is such that whereas the Principal has submitted the accompanying bid dated the lath day of September 2018 , for FY 2019 Wing Dike City Contract No 966. City of Watwrino, IA 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 loth day of September , A.D, 2018 , Ivo Vieth Construction Corporation (goal) S� Principal \ (Title) North American Specialty Insurance Compaeal) doesV Surety Witness syd y rn By tt Atto a -In- act Stacy Venn SWISS RE CORPORATE SOLUTIONS NORTH ANIERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park, Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, and Westpcit Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park, Kansas each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH„ STACY VENN, DIONE It. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful AttoJncy(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a 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: ONE HUNDRED TWENTY FIVE MILLION ($ 125,000,000.00) DOLLARS 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011 . "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, 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 Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company 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 upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\"\\p11iItIIIIIIII&,�i � rY10NArrtu C\IIk01AlCS Irk$" @4 'W eNPo" SG B l/r g \'�gylMppMpCE GOPPO�rT r ?/ G ft9r� Slew Anderson, Senior tttPresidente v argues mernaeona nsurasce Company YJ+' } gni P'z� - a. SEAL 'an & Senior Vice President of North American Specialty Insurance Company SEAM y : 1979 as � f & Senior Vite President of R'nlpm'�Insurance Corporation �9t �dy �nenesx �� yysd ` �a Byi `''yeswl ,F ttpli)• s M1fike A. Ito, Sensor Vice President of Washington International Insurance Company { Wall & Senio ViePresident rsidento' I American IlnneeO Insurance Company efW permn Specialty IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 3rd day of November 20 17 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook as: On this 3rd day of November 20 17 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, 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 be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY Notary public Shoe of thinks —� My civoasoonE'pt" M. Kenny, Notary Public it I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 10th day of September 2018 , Jeffrey Goldberg, Vice President & Assistant secretary of Washington International Insurance Company & Noah American Specialty Insurance Company & Vice Resident & Assistant Secretary of Westport Insurance Corporation Revised Per Addendum #1 - 916/2018 FORM OF BID OR PROPOSAL FY 2019 WING DIKE CITY CONTRACT NO. 966 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1 . The undersigned, being a Corporation existing under the laws of the State of T 0w 0. a Partnership consisting of the following partners: , having familiarized (himself) (themselve se!fD with the existing conditions on the project area affecting the cost of the work, and with all the con ract 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 FY 2019 WING DIKE, CITY CONTRACT NO. 966, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: FY 2019 WING DIKE CITY CONTRACT NO, 966 BID DESCRIPTION UNIT EST. UNIT BID TOTAL BID ITEM QTY, PRICE PRICE 1 MOBILIZATION LS 1 $ 50 v00 $ 50 coo 2 CLEARING AND GRUBBING ACRE 1 .0 $ 8 coo $ 81060 3 COMPACTED IMPERVIOUS FILL CY 1 ,900 $ 'J- $ w 700 4 SILT FENCE LF 5 ,200 $ ae $ / 5 dne4 ff 5 HAUL ROAD CONSTRUCTION AND LS 1 $ 35J odd $ 35 , 006 REMOVAL 6 WETLAND SEEDING ACRE 1 . 0 $ 014406 $ V 960 7 RURAL SEEDING ACRE 0 .2 $ 8 6 6 6 $ l 8 REFORESTATION ACRE 1 . 0 $ j4r6g06 $ G o0 9 REVETMENT, CLASS B , CHANNEL TON 8 , 703 $ 35 $ 30 (a L15 10 REVETMENT , CLASS B , WING DIKE TON 356 $ q9 $ Ig 11 AZ12-700 SHEET PILE SF 11503 $ 36 $ D 12 CULVERT, CORRUGATED METAL LF 50 $ $ ROADWAY PIPE , 36 IN . DIA. �� � SrOd6 13 EXCAVATION , CLASS 10 , CHANNEL CY 31400 $ 14 $ 47 , (, 0 14 ENGINEERING FABRIC SY 81000 $ /. S0 $ is 0 .00 TOTAL BID $ (g ) 60 too 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. 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 FORM OF BID City Contract No. 966 Page FBA of 2 AECOM #60504245 FY 2019 Wing Dike Revised Per Addendum #1 - 9/6/2018 after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5616 B Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. J 6. Attached hereto is a Bidder Status Form indicating Resident Bidder Certification or Non-Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date q16 //8 10. The bidder shall list the MBENVBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m . the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1 ) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11 . The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. V ; GorNJ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we , as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum 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 day of 20_, for 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 pres - ents to be signed by their proper officers this day of A. D. 2018 . (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact BID BOND City Contract No. 966 Page BB-1 of 1 AECOM #60504245 FY 2019 Wing Dike NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of =- A ) p )ss Q � Countyof etz. L LIdJ� ) i¢ %,( Zweb� / being first duly sworn , deposes and says that: 1 . He is (Owner, Partner Officer.dieu iorAgent) , of Uwy) 6 ,5NO. Corp, the Bidder that has submitted the attached Bid ; 2 . 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) .FS11imoya Title Subscribed and sworn to before me this L\1 day of 2018. Title My commission expires 3 � � i � KAKI LYNN JANSEN COMMISSION N0.777490 MY COMMISSION EXPIRES MARCH 15, 2019 11 NON-COLLUSION AFFIDAVIT City Contract No. 966 Page NCA-1 of 2 AECOM #60504245 FY 2019 Wing Dike 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. 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, EQUAL OPPORTUNITY CLAUSE City Contract No. 966 Page 1 of 2 AECOM #60504245 FY 2019 Wing Dike 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, We, 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) //425 � (Appropriate Official) (Title) 9�aA� (Date) EQUAL OPPORTUNITY CLAUSE City Contract No. 966 Page 2 of 2 AECOM #60504245 FY 2019 Wing Dike Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following : E 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). [YJ Yes ❑ No My company has an office to transact business in Iowa. 0,Yes ❑ No My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail . GLYes ❑ No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. R.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 nonresident 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 __Ptebr + / Address: VICti1 Construction City, State, Zip: 6419 CorpNordic Dr . oration Dates: / / to / / Address: C@ er FOS , 0 506131 City, State, Zip: Dates: / /. to / 1 Address: You may attach additional sheet(s) if needed. City, State, Zip: 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 ❑ Yes ❑ No force preferences or any other type of preference to bidders or laborers? 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: U 'C411 e 0nS-L . t a i n Signature: Date: /<16/ zts You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) SSF-1 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 C?J�No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes [Vo 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 [L 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 R 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 KNo My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination . ❑ Yes 9LNo 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) BSP-2 N E E N N — 0 0 0 a) 3 r O C O m (0 d N a) O U ° aJ 2i ° �CU m a) b o a $ Q N CO ¢ U P ~ >i 3 C W N T •� a Ga LL OL O y E 0 m •Q 'b Cy O Q 9aa)) ov E y 0 P a m C c o U q > T ° U O m N a7 ° C7 N 0 0c (D (D a) 3 0 0 0 0 0 J E 0 m o o L cU 0 01 a) d q ° - Qa N0 yY d N - v w ° N EmY mm p a) p a) Ui U) v E m o Q a � Fn ° Mn0E 3o LU U) v m F- v 00 °0. 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