Loading...
HomeMy WebLinkAboutVieth Construction CorporationVieth Construction Corporation 6419 Nordic Dr. Cedar Falls, IA 50613 ieoc), ( 6/c c_c) 5tri Vieth Construction Corporation 6419 Nordic Dr. Geer Fulls, IA 50613 C � T7 G Lfea-ez_ • 4� z (Jo AL Z., t4 4-saC ( g g' leL4 .0 0 cL7 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 ($---5%--- ) 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 November , 20 20 , for FY 2021 Leversee Road Lift Station Project No. 5623, Contract No. 983, Waterloo, 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 17th day of November , A.D. 20 20 . , 143 Witness Witness Stacy Venn BID BOND By North American S Vieth Construction Corporation (Seal) c.s / # c Principal ecialt Insura om an Seal) Attorney -in -far ' lone R. Young CONTRACT 983 5623 6-■ SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN 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 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 McCULLOH„ STACY VENN, DIONE R. YOUNG, and WENDY ANN CASEY JOINTLY OR SEVERALLY Its true and lawful Attorneys) -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." 0111111111% pUTY 16 to3P0Ft4S -5i SEAL EOE �W ifs 1973 cu my V � • �,y� .,hq MPes ii, :ta�a'b� 46i I If1111N��\`\` set 'ttONAL ssi SEAL Oi ;m : .. %I:6%1/21W cin I •�**** si•Ake By 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 ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation 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. • 3 p eh 1 OFFICIAL SEAL M. KENNY Notary Public - State of plinais My Commission Expires 12/0412021 M. Kenny, Notary Public 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 17th day of November 2020 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation FY 202111, VOMIT OF 1811 o O E PROPOSAL 1% i,1 b � _ i,_ ROAD S o ,<< C N RAC d NOD 983 CIIYS T Honorable Mayor and City Council Waterloo, Iowa Gentlemen: PROJ =3,CT kl®o 5623 1. The undersigned, being a Corporation existing under the laws of the State of c,c,j4 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 I ngineer 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 2021 LEVMS E E ROAD LIFT STATION PR Jl H.CT IN! 56239 CONT -' l CT NO. 983, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: FY 2021 LEVERSEE ROAD CONTRACT LIFT STATION NO. 983 PROJECT NO. 5623 ITEM NO. ITEM UNIT QTY. UNIT PRICE TOTAL 2.01 TOPSOIL, ON SITE CY 550 $ $ 1 fiCt) 2.02 EXCAVATION, CLASS 10 CY 2850 $ $ /1 IV 2.03 SUBGRADE PREPARATION, 12" SY 1270 $ $ A/Z 7v $ $ 2 teki v — 2.04 SUBBASE, 6", MODIFIED SY 190 SANITARY SEWER, GRAVITY MAIN, LF 118 $ $ 3 s roc --- 4.01 TRENCHED, TRUSS, 12" 3 , SANITARY SEWER, FORCE MAIN, LF 175 $ /oo $ r7 rCaU_ 4.02 TRENCHED, PVC, 6" , LF 50 $ 0U $ l d -' 5.01 WATER MAIN, TRENCHED, DIP, 6" / cij EA 1 $ 000 - $ 6 - 5.02 FIRE HYDRANT ASSEMBLY C, c)dci EA 2 $ %L) dC e $ `v 0d 6.01 SANITARY MANHOLE CONNECTION 6.02 SW-515 INTAKE RECONSTRUCTION EA 1 $ f 5 do e $ 0-•��o $ + $ r 7.01 CURB AND GUTTER REMOVAL LF 91 l 7 t.54--- ¢ 7 7.02 PAVEMENT, C-SUD PCC, 9" SY 167 $ /'0o e $ / C/ 2 do 7.03 GRANULAR SURFACING, 12" SY 965 $ `S $ / ¢j ? 7 j 8.01 TEMPORARY TRAFFIC CONTROL LS 1 $ 57-U $, cad 9.01 HYDRAULIC AND MULCHING SEEDING, FERTILIZING, AC 0.54 ‘ OW 3 2 fro - FORM OF BID CONTRACT NO. 983 5623 4-1 4. Security in the sum of � ���0 / (° in the form of 6K Dollars (S c-% ofr 4/ r� 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 $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAA or Update and an =OC, 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 /1/41/46 Zv 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: 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. FORM OF BID CONTRACT NO. 933 4 - 3 5623 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 ieth Construction Corporation P410 Nordic Dr. (Name g i3e0ll� IA 50613 // 7/ 2-C1 2e-e (Date) BY: / Title 5. Official Address: (Including Zip Code): Vieth Construction Corporation 6419 Nordic Dr. Cedar Falls, IA 50613 I.F.S. No. FORM OF BID CONTRACT NO. 983 4 - 4 5623 ash • • • NON000LLUSION AFFIDAVIT or PRIME BIDDER State of County of 6t-ce acver )ss rat-' 1/442; being first duly sworn, deposes and says that: He is (Owner, Partner, Officer, Representative, 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; 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) /r) 6,44? Title Subscribed and sworn to before me this , 2020. \emedikfte-Q My commission expires 3/s 22 Iq • NON -COLLUSION AFFIDAVIT - CONTRACT NO 983 PRIME 5623 .. i` J ' rt r Title day of olol?ymre�.. v n o �n O� �s Ge� 7t01 tea C C. 8: Ce.C1 . •++'11 eq} t1 ) 9 PO ca laCA .b4 E 4 �, g+�O. 77 ; , ti 4%, • • i i 1 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. 2. 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 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. 5. 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. 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 EQUAL OPPORTUNITY CLAUSE CONTRACT 983 8 - 1 information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vondor 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 cancelod, 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, 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) t‘e ,e,e (Appropriate Official) (Cate) (Title) ,QUAL OPPORTUNITY CLAUSE CONTRACT 983 8 - 2 Bidder t t ,m hurIn To be completed by all bidders Partc A Please answer "Yes" or "No" for each of the following: "3,Yes Yes eS Yes N o N o N o N o N o 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). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. 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 My company has maintained offices in Iowa during the past 3 years at the following addresses: Vieth constructi�fl J l 0( l o •� to it) �Address: corporattofl 6419 NordiGDF. Cedar Falls, IA 50613 aces : City, State, Zip: / / to / / Address: Dates: / You may attach additional sheet(s) if needed. City, State, Zip: to / / Address: City, State, Zip: To be completed by non resident bidders PartC 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 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. Yes No You may attach additional sheet(s) if needed. To be completed by all bidders 1 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'. %/ a Z U Z . You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This fora has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) 1 0- 1 rksheet: Authorization to Transact Business to help complete Part A of the Resident Bidder Status form. If at least one of the following are authorized to transact business in Iowa. My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. 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. 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. El Yes 0 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 filed in Iowa and has not filed a statement of termination. ■ Yes ❑ No 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) 10 1 1 1 Prime Contractor Name: MBENVBE EUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM 7->-✓. s is Cc/17. Project: L z L)tC-S4-0 Letting Date: • O BEMBE SUBCONTRACTORS: If you are NOT using any MBE/VVBE 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. _ /V© Cs a #c %- r tic Title: Date: /e((940-2Az Contractor Signature: SJ CONTRACTORS APPLDC ABLE: 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 bic to be considered responsive, to provece the information on this Form showing your 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 Compile assistance at (319) 291-4429. VIBE/WBE Busor ess ce Officer, for 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. Ti :�.E OF DNvL ORATION SC-DOW_NG El[ID E R'S P R -cfl Gur3 ..R S-3 E B SINESS ZTLRPKflSE CONTACT IB D /WBE Subcontractors .//tar A-} Le -(6 a f1JvAl-1ce0 rreer c c-t tii �S cc.hJ% Quotes u' eceived ates Contacted Yes/No aces Contacted (r Lc H(r/to filzed Yes/No .4)-3 Quotation used 'fin Di oi[ar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 CONTRACT 983 5623 12D - 1