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HomeMy WebLinkAboutLodge ConstructionCITY OF WATER! OD UP? CLERK'S OFFICE SEP 19 2019 rMi2=5b:B2 •C=7 • C;4» Cle. \Ncvl-sifooji4- FY 2 cVI /-../ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Lodge Construction, Inc. 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 ($ ) 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 19th day of September , 2019 , for FY 2020 Sidewalk Repair Assessment Program - Zon % terlso. IA - ..Contrac_t_N_o 981 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 12th day of September , A D. 2019 n eal) Lodge Construction, Inc. (Title) North American Specialty Insurace Compar eat) rety By Attorney fac e R. Young SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIIESE PRESENTS, THAT Noi th 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 Westport 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 McCULLOII„ STACY VENN, DIONE R. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attorney(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, undeitakings 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." Aotoisistwo • ti � SEAL `, 0 ft i 1973fi y ��l � 0 •.VAMPS.••'`• MOM i Sties en P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation 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 State of Illinois County of Cook On this 3rd day of North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation ss: 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 - State of Illinois My Commission Expires 12/0412021 M. Kenny, Notary Public N 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 filll force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 12th day of September , 2019 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington international Insurance Company & North American Specialty Insurance Company & Vicc President & Assistant Secretary of Westport Insurance Corporation CITY OF WATERLOO CITY UL Ep:'S OFFICE SEP -�S ry - t 1.x:1: I Ftd:l2;;:.+6;5i � cz55 CO-/ c v, 1()°).frq EC; PJ90-av G;,ew AIK- I�✓ Zvi Is F.Y. Il . 202© SD© FOR 11 OF BID OR PROPOSAL tzW,, LK REPAN ASSESSMENT 'PROGRAM — ZONE 9 CONTRACT NO. 981 CDT( OF W„CIERLOO, DOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Imanw•��-�-� a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2020 SIDEWALK "EPAIR ASSESSMENT PROGRAM ZONE 9, Contract No. 981, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2020 SIDEWALK REPAIR ASSESSMRNT CONTRACT NO. ZONE 9 PROGRAM 981 ® BID ITEM DESCRIPTION UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 1 REMOVE & REPLACE PCC SIDEWALK, 4” SF 43,886.1 $ ihi $ 3S 8 7. 2 REMOVE & REPLACE PCC SIDEWALK, 5" SF 5,129.4 $ /0 a-- $ _C 3 +_I> 3 REMOVE & REPLACE PCC SIDEWALK, 6" SF 2,318.5 co $ ia. $ ,&,J 4 REMOVE & REPLACE PCC SIDEWALK, CLASS "A" SF 488.2 $ 3 6 $ ill, 6 5 CLEAN SIDEWALK EACH 163.0 $ /AO C $ 73 35-0 6 WATER VALVE ADJUSTMENT EACH 18.0 $ ?0° tf $ 5. rod 7 CONCRETE REMOVAL LS _ 1.0 $ i' 1° $ 6 e9a0 e 8 SAW CUT LF 107.0 A ©v $ e $ f, (2 en 9 REMOVE SIDEWALK SF 2,550.9 $ 3 `— $ 7 65: / VVV 10 EXCAVATION, CLASS 10 SF 2,550.9 o0// $ '� 6 $ 3 6 0 11 SEEDING SF 2,550.9 . O c $ 6i .-- _U $ /5-73C6-- 12 DETECTABLE WARNING SURFACE SF 20.0 $ /el0 .. $ ,? ooO ' 13 TRIM TREE/SHRUBS EACH 80.0 $(-2a d )C $ --; TOTAL �I®� 7037?O FORM OF BID CONTRACT NO. 981 Page 1 of 3 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 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 Dollars ($ ) in the form of ia3ov//l- is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidder Status Form. 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 510,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EGG, 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 10. The bidder shall list the MBE/VVBE 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: FORM OF BID CONTRACT NO. 981 Page 2 of 3 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. /r (Name of Bidder) (Date) BY: SCo/L't Title -ac Official Address: (Including Zip Code): Ian_ 30 X p'S17 C/cd<CLA/e J,T7/51 I.R.S. No4/7 arYe��'� FORM OF BID �-& 6 CONTRACT NO. 981 Page 3 of 3 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of `' '- ) /t/tom Iic 14utic) County of )ss c3 S "t- , being first duly sworn, deposes and says that: 1 He is (Owner, Partner, Officer, or Agent) , of , 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; 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) ai;ticA 4--cG Sub cribed and sworn to before me this , 201 91. My commission expires Title it ! day of /ad; _to -4404-fie na&119-) aoao LINDA K SENN t'ACOMMISSION NO. 803307 MY COMMISSION EXPIRES '1111111 11 JT 1 Worksheet: Authorization to Transact usiness 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. es ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. _Yes 1J No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. Yes E -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. '<les ❑ 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 Yes Yes 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. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. 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 Yes i Yes [f 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. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. 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) MBE/WBE BUSD ESS ENT ER 'RISE PRE-BID CONTACT UNFOR-ViATION FORRFT Prime Contractor Name: L c ctje, Cc vt5 ,) Project: 72/ Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: / i Title: r t b �ti Date: l l% /91/ SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TA LE- OFI MBEIW NFORMATIsN SMOVVDNG BIDDER'S '11RE-3I[ 3E BUSINESS E rTERPRIsE CONTACTS (Form CCO-4) Rev. 06-20-02 Quotes Received Quotation use, in.did f� / MBEATY B��,� ! Dates Contacted Yes/No Dates Contacted Yes o YYollair Arnol:.uny ?ro?osed 3e Subcontractec. ''' W ,{, o Subcontractors Dc-'^ la 9'0 -eq < �C /i000d62. ►rpt r v��^'t�i't ).c ,, i.4_54 -c ,.--c4 ‘ 1/4-,- 7-.22- -,17 0. / 7 Y 75 38 00 0 z -- )3 ' (Form CCO-4) Rev. 06-20-02 Revised February 2003 CONTRACTOR'S C7 R SU BCONTRAP TOl 'S AFFORMA THV AC T IO`k PROGR RF Check box that applies to party completing program: ) General Contractor ) Subcontractor Section A to be completed by G ME -RAIL CON' r, CTO only: A. Name of Company L661 e, Ca LA -4C QA"'' -L' Address of Company }' VOX V5? cle-t k�+c'Zip C I p v Telephone Number (�7 ) -.5-7l Federal ID Number Of no Federal ID Number, umber, Ower/President's Social Security Number) �� % g y e1/4se /o4 e N ame of Equal Employment Officer c7,�.%c Lew j 455e55Jie ��-- N ame of Project F/020(-90� P roject Contract Number Oy( Estimated Construction Work Dates // " �' / / 7✓ /-)O Start Finish Section B to be completed by SUtCONT'FACTORS only: B. N ame of General or Prime Contractor N ame of Subcontractor S ubcontractor's Address Zip S ubcontractor's Telephone Number ( ) S ubcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) N ame of Equal Employment Officer realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E 'rte e,will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. III. AFFIRMATIVE ACTION c()(cajy A. B C. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. Z -i-- C01 -c j will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. Pec ‘>L- t ett Srien" will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa, and 5. Other. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. ��_ C �,��` will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N L__/ -9t deetre-crg Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201_, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: OA Goals for Women: *Your affirmative action goals should be between 1% and 10% or more for minorities and 1`)/0 and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 201T. Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: tQ6L, Equal Employment Opportunity Officer 7 Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: 7