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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
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