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HomeMy WebLinkAboutVieth Construction Corp. 0 -S d 0 L � a 0 OL 4 O 3 o d 6 � v o � c{ BID BOND KNOW ALL MEN BY THESE PRESENTS , that we, Vieth Construction Corporation as Principal , and Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and firmly bound unto the CITY OF WATERLOO , Iowa , hereinafter called "OWNER . " In the penal sum Five Percent of the Total Amount Bid 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 27th day of July 20 23 , for F.Y. 2024 W Airline Hwy Railroad Crossing Repair, Contract No. 1090, Waterloo, Iowa 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 presentsxo , be signed by their proper officers this 13th day of July A. D . 20 23 Ga Vieth Construction Corporation (Seal) Principal By l � (Title) Swiss Re Corporate Solutions America Insurance Corporation k Witney Surety 4 i. S to to A I By `. . Witnessate Z r ers tt -in-fact Sara Huston, Witness to Surety i BID BOND Page 1 of 1 SWISS RU CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC°) WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER Or ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing tinder the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the Stale of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DRIMERLY, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, DIONE R. YOUNG, STACIE CHRiSTENSEN, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, and SARA HUSTON JOIN'T'LY 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 fire 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 tine Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011 . "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any 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 Corporation 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 Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certifl6w zelatiirg thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindids upon tl, e Gorporption when so affixed and in the future with regard to anv bond, undertaking or contract of surety to which it is attached." oColpoo 0 oNP ore�r� AAs �,oe `011e, �P•�R4 Ft Cow. 6y t 4 ^. � -1kph A I of, f '= Erik Janssen Senior Vice PresidentfSRCSAIC & Senior Vire Preridenl lei V La A L ,'• �^ � ofsRCSPIC & S 1 Vire President of wR: O'sSer 4%a� 9s AP CA 0 CA A '.` sSl. sou. A41s 441" 1% ~ "14011, i,noi,ssss, aALiis kk* "N as Gerald Sagromid, Vice President ofSRCSAIC & Vire President of SRCSPIC & Vire President ofwlC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisDID day of JANUARY 20 23 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook SS Westport Insurance Corporation On (Iris 17TH day of JANUARY 20 23 , before nue, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jaarowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, 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 inslmnrenl to be the voluntary act and deed of their respective companies. OFFIO0 1 8FJ1L QpHR $11tU� MAt4FSC0 XOTrihYf6rhM� MdwfA 1, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a into and cored copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is stilt in fidl force and effect. IN WITNESS WHEREOF, T have set my hand and affixed the seals of the Companies thislatJ_day of July 2023 . Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC �1 N O V 6 0 6 1 Q c %S e � o L6 i FORM OF BID OR PROPOSAL F.Y. 2024 W AIRLINE HWY RAILROAD CROSSING REPAIR CONTRACT NO. 1090 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 �-A 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. 2024 W AIRLINE HWY RAILROAD CROSSING REPAIR, Contract No. 1090, 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. 2024 W AIRLINE HWY RAILROAD CROSSING REPAIR CONTRACT N0 . 1090 rBID EST. UNIT BID TOTALBID ITEM IDOTITEMNO. ITEM DESCRIPTION UNIT O.n PRICE PRICE 1 2102-2710090 EXCAVATION , CLASS 10 - WASTE CY 40. 0 $ � p $ 3 a66 2 2510-6745850 REMOVAL OF PAVEMENT SY 230.3 $ 30 $ G 3 2515-6745600 REMOVAL OF PAVED DRIVEWAY SY 63.0 $ 'l0 $ 4 2502-8215806 SUBDRAIN TILE, 6-INCH LF 95. 0 $ ' 4 $ 5 2502-8221305 SUBDRAIN OUTLET, DR-305 EA 2. 0 $ k1l $ 66 6 2115-0100010 MODIFIEDSUBBASE CY 80.0 $ Li $ IL6 7 2121-7425020 GRANULAR SHOULDERS, TYPE B TON 10. 0 $ I L o $ i 400 8 2315-8275055 SURFACING, DRIVEWAY TON 27. 1 $ 2-o D $ Urk 9 2122-5190010 PAVED SHOULDER, PCC, 10-INCH SY 22. 7 $ l 10 2517-4225210 RAILROAD APPROACH SECTION , PCC SY 62.5 $ $ 0 12 11 2301-1033100 STANDARD/SLIP-FORM PCC PAVEMENT, CLASS SY 167.7 C, CLASS 3 DURABILITY, 10-INCH $ 12 2529-2242304 CDJOINTASSEMBLY EA 4. 0 $ 9 $ 30 13 2529-8201000 JOINTASSEMBLY, EF EA 2. 0 $ 5 0 $ 0 o 1) 14 2527-9263109 PAINT MARKINGS, SOLVENT OR WATER-BOURNE STA 5. 14 $ d jC7 $ 310olQ 15 2528-8445110 TRAFFIC CONTROL LS 1. 0 $ Sob $ 500 16 2528- 2518000 SAFETY CLOSURE EA 3. 0 $ I $ 17 2533-4980005 MOBILIZATION LS 1. 0 $ 15 , 060 $ 13 . a6 6 TOTAL BID $ FORM OF BID CONTRACT NO, 1090 Page 1 of 3 �I 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 S o/o a b Dollars ($_ ) in the form of bre, bnA ))16 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 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. n A Date lA 10 . The bidder shall list the MBE/WBE 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. FORM OF BID CONTRACT NO . 1090 Page 2 of 3 SIC ( toad tY s 113 (Name of Bidder) (Date) BY: Title E 5D ,vti Official Address: (Including Zip Code): Vieth Construction Corporation ) ;_ v CE, ci 1A 50613 I . R. S. No. D2 - 05490 5 � FORM OF BID CONTRACT NO . 1090 Page 3 of 3 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of A ) )ss County of Q) 4� rk $-I ayjL ) being first duly sworn , deposes and says that: 1 . He is (Owner, Partner Office Representative�lor Agent) of GonS F • t o ( p the Bidder that ah b ttetl eth 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) ��� fy5 41hoi 1 . 1 Title Subscribed and sworn to before me this day of 1 20 Title ,o�`°��RI LYN ,. �oTAR/q �9 'P, My commission expires 1) " 6 l """°"" lsyEA IAN U rr k ) W44 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or " No" for each of the following : Q Yes ® No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). Yes ® No My company has an office to transact business in Iowa. Yes ONo My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. ® Yes ®No My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. ® Yes ® No My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a 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: 3 J j / OS tojDr4 �= ^ A- / Address: Vieth constructior, City, State, Zip: orri tr aj. 1011 6419 No (ilGif . Dates: / / to / / Address: City, State, Zip: Dates: / / to / / 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 !'c 60nS C Signature : - ar k - _- .,n.._ . _._ . Date: 70/7l ff/ 1 -3 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) 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. 0 Yes t(DNo My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. OYesl@ 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. rQ Yes 0 N 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. 0 Yes (DNo 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 , 0 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 rNo 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. 0 YesNo 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 (09-16) MBEIWBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: G ( o n - . Project: nn 4- rmr, 4 i nQo Letting Date : 1 NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBENVBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBEANBE subcontractors will be used , please use the bottom portion of this form . Contractor Signature: Title: Date : 7 7 3 t 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 MBENVBE subcontractor contacts made for your bid submission . This information is subject to verification . Any questions may 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 MBEMBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation . If you are unable to identify MBENVBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 2914429 . In the event it is determined that the MBENVBE 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. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE)WBE Dates Dates Dollar Amount Proposed to Subcontractors Contacted Yesc Contacted Yes/No be Subcontracted 13, C . c 7 ) , S 3 1116 (Form CCO-4) Rev. 06-20-02