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HomeMy WebLinkAboutVieth Construction CorpVIETH CONSTRUCTION CORP 6419 NORDIC DR. CEDAR FALLS, IA 50613 n CITY riF QTERL OO CITY CLERK'S PFECF-- 20 Sri 1 `� c)fr VIETI-i CONSTRUCTION CORP 6419 NO RD,c DA CEDAR FALLS, IA 50613 CITY OF WH i t LOO CITY Ci F-RK' S UrFIut `'-I1,q' 21 70 let PM1 S :00 7l j e /lC FORM OF BID OR PROPOSAL F.Y. 2016 FITZWAY DRIVE AND GALACTIC DRIVE EXTENSIONS CONTRACT NO. 896 CITY OF WATERLOO, IOWA RISE PROJECT NO. RM-8155(747)--9D-07 Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , 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 VJ Engineering, Cedar Falls, Iowa, 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. 2016 Fitzway Drive and Galactic Drive Extension, Contract 896, City of Waterloo, Iowa, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: DIVISION I - IDOT ELIGIBLE ITEMS BID IDOT ITEM DESCRIPTION UNIT EST. UNIT BID TOTAL BID ITEM CODE QTY. PRICE PRICE 7)-° 01 2115-0100000 MODIFIED SUBBASE, 6 IN. C.Y. 620 $ $ Z `-,c - EARTHEN BASE 02 2599-9999019 PREPARATION S.Y. 3600 $ r- -- $ f`,j 4d.;,, 03 2599-9999003 SUBGRADE REPAIR C.Y. 200 $ 6 $ 44;- PAVEMENT, STANDARD OR - SLIP FORM, P.C.C. CLASS C, $ 04 2301-1032070 7 IN. W/SLOPED CURBING S.Y. 3227 // 77 65, TOPSOIL, STRIP, SALVAGE 05 2105-8425015 AND SPREAD C.Y. 1250 $ _7 $ v - EXCAVATION, CLASS 10, 06 2102-2710070 ROADWAY& BORROW C.Y. 2000 $ it $ 2,L C)ei FORM OF BID PAGE 1 OF 5 PAGES BID IDOT ITEM DESCRIPTION UNIT EST. UNIT BID TOTAL BID ITEM CODE QTY. PRICE PRICE COMPACTION W/MOISTURE 07 2107-0875000 + DENSITY CONTROL C.Y. 1239 $ L $ RECREATIONAL TRAIL, 08 2511-0302500 P.C.C., 5 IN. S.Y. 1033 $ 3 . - $ 3G ?c) PEDESTRIAN RAMP, P.C.C, 09 2511-7526006 6 IN. S.Y. 35 $ u. $ l 7 5- 10 2511-7526004 SIDEWALK, P.C.C., 4 IN. S.Y. 277 $ 35- - $ }c, `7)^ 11 2503-0114215 SEWER, STORM, 15 IN. RCP L.F. 674 $ $ 2 ," 6 /Z APRON, RCP 15 IN. DIA., 12 2422-0360015 W/TIES EACH 1 $ / 4 - --- $ -Zs 13 2435-0250700 INTAKE, SW-507 EACH 4 $ $ E �✓ 14 2435-0251000 INTAKE, SW-510 EACH 2 $ $ 7', MANHOLE, STORM SEWER 15 2435-0140200 SW-402, 48 IN. EACH 2 $ O'ocdu J $ c�Cici SUBDRAIN, PERFORATED PLASTIC, 4 IN. W/POROUS 16 2502-8212204 BACKFILL L.F. 1641 $ /`' $ /?, S4-/4) SUBDRAIN OUTLET, DS-303, 17 2502-8220193 4 IN., W/RODENT GUARD EACH 9 $ /.>6 $ - 18 2599-9999005 DRAIN LINE TAP & COLLAR EACH 1 $ /c' . $ 19 2602-0000020 SILT FENCE L.F. 2150 $ i 7_-� $ 3 7 e 20 2599-9999009 WATTLES L.F. 1600 $ 2.± $ cc 21 2601-3000000 STOP LOG STRUCTURE EACH 6 $ /Gu _ $ EROSION STONE, 22 2507-8029000 W/ENGINEERING FABRIC TONS 30 $ $ ,-'"c c., SEEDING AND FERTILIZING 23 2601-2636044 (URBAN) ACRE 1.5 $ /'SC'o $ 2/ou --- 24 2601-2634100 MULCHIING ACRE 1.5 $ ?c-. — $ 25 2599-9999001 TEMPORARY SEEDING ACRE 1 $ /OUeu ' $ 26 2528-8445110 TRAFFIC CONTROL L.S. 1 $ /4 $ TYPE A SIGNS, SHEET 27 2524-9325001 ALUMINUM S.F. 93 $ /7 Jv $ /6 L 7. POSTS, TYPE A SIGNS, 28 2599-9999009 STEEL 2" TELSPAR L.F. 224 $ ..'c $ 2 2g- PAVEMENT MARKINGS, 29 2599-9999010 WHITE AND YELLOW L.S. 1 $ $ 2_6 `' DETECTABLE WARNING/ _ 30 2511-7528101 TRUNCATED DOME INSERT S.F. 160 $ 2 w $ - c-,c) - FORM OF BID PAGE 2 OF 5 PAGES BID IDOT ITEM DESCRIPTION UNIT EST. UNIT BID TOTAL BID ITEM CODE QTY. PRICE PRICE 31 2533-4980005 MOBILIZATION L.S. 1 $ /if 7c'ci $ '! 7 SWPPP IMPLEMENTATION & 32 2599-9999010 MAINTENANCE L.S. 1 $ 33 2599-9999005 LIGHT POLE FOUNDATION EACH 3 $ gZ r $ 27 2 34 2599-9999005 LIGHT POLE EACH 3 $ Z Lc) $ 7 E:« — 35 2599-9999010 LUMINAIRES L.S. 1 $ 22 $ 2 (I, UNDERGROUND ELECTRIC 36 2525-0000200 LIGHT SERVICE L.S. 1 $ u Zc.' $ Z- c SUBTOTAL DIVISION I V$ 36 v fz DIVISION II - IDOT INELIGIBLE ITEMS SANITARY MANHOLE 37 2435-0600010 ADJUSTMENT, MINOR EACH 2 $ 30c) _ $ SANITARY MANHOLE $ / �� 38 2435-0600020 ADJUSTMENT, MAJOR EACH 1 $ 616 REMOVE EX. 6 IN. SANITARY 39 2504-0240036 SERVICE L.F. 20 $ Spa . $ ,O�v SANITARY SEWER GRAVITY, 40 2599-9999009 TRENCHED 8 IN., TRUSS L.F. 110 $ 3 Z - $ 3 Lu 2-YEAR MAINTENANCE 41 2599-9999010 BOND L.S. 1 $ /uuv $ i)oui;; SUBTOTAL DIVISION II 7 i 2 c- TOTAL BID (Division I + Division II) $ 3 7 ! ? 6 -- 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 FORM OF BID PAGE 3 OF 5 PAGES for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of {�. % c:)/- 4' io Dollars ($ ) in the form of 4'<<.i a& 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 Resident Bidder Certification. 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 $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. x Date 10. The apparent low Bidder shall submit a list of all Subcontractor(s) to be used on this Project to the City of Waterloo by 4:00 p.m. within two business days following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on the subcontractors on "SUBCONTRACTOR REQUIEST AND APPROVAL" form to be provided prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder shall follow the contract provisions titled "TSB Affirmative Action Responsibilities on Non-Federal Aid Project (Third-Party State-Assisted Projects)". 12. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 13. The bidder has attached all applicable forms. FORM OF BID PAGE 4 OF 5 PAGES 14. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. VIETH CONSTRUCTION CORP. 6419 NORDIC DR. CEDAR FALLS, IA 50613 0/24 (Name of Bidder) (Date) BY: -'��,X Title ,�,T` 1 Official Address: (Including Zip Code)VIETH CONSTRUCTION CORP. 6419 NORDIC DR. CEDAR FALLS, IA 50613 I.R.S. No. — e=9,)-% 6 7 FORM OF BID PAGE 5 OF 5 PAGES BID BOND S " " KNOW ALL MEN BY THESE PRESENTS,that we, as Principal,and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars($ )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 presents to be signed by their proper officers this day of , A.D. 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of )ss County of /3�4-G — , Y/4_77q , being first duly sworn, deposes and says that: 1. He is Owner, P rtner, Officer, Representative, or Agent) , of V , 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) 7 S �' Title Subscribed and sworn to before me this )c �/v\ day ofAPA , 201 . 6( )' G Title My commission expires 1)/1,4 16, dat SHERRY K HORNUNG COMMISSION NO.789387 t ' MY COMMISSION I•(PIRES ,ow t• APRIL 6,2018 RESIDENT/NON-RESIDENT BIDDER RESIDENT BIDDER: In accordance with Section 73A.21 of the Iowa Code, all non-federal-aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: Resident Bidder: A person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. NON-RESIDENT BIDDER: The contractor shall provide the City with a certification that he is a non-resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of"Non-Resident Bidder Certification" is included in the Contract Documents. DJG 01/02/12 RESIDENT BIDDER CERTIFICATION CONTRACT NO: 8 c PROJECT NAME: 4 .4-6-,1-/-1 c DATE OF LETTING: 9/z< To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that I am a resident bidder as defined above. VIETH CONSTRUCTION CORE 6419 NORDIC DR. CEDAR FALLS, !A 50613 COMPANY NAME CORPORATE OFFICER l ) � , TITLE ,%^ 5" DATE2 ��`° NON-RESIDENT BIDDER CERTIFICATION /414- CONTRACT NO.: PROJECT NAME: DATE OF LETTING: I hereby certify that I am an Iowa non-resident bidder. COMPANY NAME: CORPORATE OFFICER: TITLE: DATE: STATE/COUNTRY OF RESIDENCY: Stated below are the preference(s) to resident bidders in the state/country of (Preference to bidders, labor force, or other preferential treatment to bidders or laborers, etc. ITEMS OF POTENTIAL MBE/WBE AND TSB PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2016 Galactic Drive and Fitzway Drive Extensions, Contract No. 896, that have a potential for MBE/WBE and TSB Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE and TSB Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. BID IDOT ITEM DESCRIPTION UNIT EST. ITEM CODE QTY. 01 2115-0100000 MODIFIED SUBBASE, 6 IN. C.Y. 620 EARTHEN BASE 02 2599-9999019 PREPARATION S.Y. 3,600 03 2599-9999003 SUBGRADE REPAIR C.Y. 200 PAVEMENT, STANDARD OR SLIP FORM, P.C.C. CLASS C, 04 2301-1032070 7 IN. W/SLOPED CURBING S.Y. 3,227 TOPSOIL, STRIP, SALVAGE 05 2105-8425015 AND SPREAD C.Y. 1,250 EXCAVATION, CLASS 10, 06 2102-2710070 ROADWAY& BORROW C.Y. 2,000 COMPACTION W/MOISTURE 07 2107-0875000 + DENSITY CONTROL C.Y. 1,239 RECREATIONAL TRAIL, 08 2511-0302500 P.C.C., 5 IN. S.Y. 1,033 PEDESTRIAN RAMP, P.C.C, 09 2511-7526006 6IN. S.Y. 35 10 2511-7526004 SIDEWALK, P.C.C., 4 IN. S.Y. 277 11 2503-0114215 SEWER, STORM, 15IN. RCP L.F. 674 APRON, RCP 15 IN. DIA., 12 2422-0360015 W/TIES EACH, 1 13 2435-0250700 INTAKE, SW-507 EACH 4 14 2435-0251000 INTAKE, SW-510 EACH 2 MANHOLE, STORM SEWER 15 2435-0140200 SW-402, 48 IN. EACH 2 SUBDRAIN, PERFORATED PLASTIC, 4 IN. W/POROUS 16 2502-8212204 BACKFILL L.F. 1,641 SUBDRAIN OUTLET, DS-303, 17 2502-8220193 4 IN., W/RODENT GUARD EACH 9 ITEMS OF POTENTIAL MBE/WBE & TSB PARTICIPATION PAGE 1 OF 3 PAGES BID IDOT ITEM DESCRIPTION UNIT EST. ITEM CODE QTY. 18 2599-9999005 DRAIN LINE TAP & COLLAR EACH 1 19 2602-0000020 SILT FENCE L.F. 2,150 20 2599-9999009 WATTLES L.F. 1,600 21 2601-3000000 STOP LOG STRUCTURE EACH 6 EROSION STONE, 22 2507-8029000 W/ENGINEERING FABRIC TONS 30 SEEDING AND FERTILIZING 23 2601-2636044 (URBAN) ACRE 1.5 24 2601-2634100 MULCHING ACRE 1.5 25 2599-9999001 TEMPORARY SEEDING ACRE 1 26 2528-8445110 TRAFFIC CONTROL L.S. 1 TYPE A SIGNS, SHEET 27 2524-9325001 ALUMINUM S.F. 93 POSTS, TYPE A SIGNS, 28 2599-9999009 STEEL 2"TELSPAR L.F. 224 PAVEMENT MARKINGS, 29 2599-9999010 WHITE AND YELLOW L.S. 1 DETECTABLE WARNING/ 30 2511-7528101 TRUNCATED DOME INSERT S.F. 160 SWPPP IMPLEMENTATION & 32 2599-9999010 MAINTENANCE L.S. 1 33 2599-9999005 LIGHT POLE FOUNDATION EACH 3 34 2599-9999005 LIGHT POLE EACH 3 35 2599-9999010 LUMINAIRES L.S. 1 UNDERGROUND ELECTRIC 36 2525-0000200 LIGHT SERVICE L.S. 1 SANITARY MANHOLE 37 2435-0600010 ADJUSTMENT, MINOR EACH 2 SANITARY MANHOLE 38 2435-0600020 ADJUSTMENT, MAJOR EACH 1 REMOVE EX. 6 IN. SANITARY 39 2504-0240036 SERVICE L.F. 20 SANITARY SEWER GRAVITY, 40 2599-9999009 TRENCHED 8 IN., TRUSS L.F. 110 ITEMS OF POTENTIAL MBE/WBE & TSB PARTICIPATION PAGE 2 OF 3 PAGES MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 ITEMS OF POTENTIAL MBE/WBE &TSB PARTICIPATION PAGE 3 OF 3 PAGES N o - ._) 'a o a) c E L W a) �, > U _U O a O _Z a C .C ° a) conZO - fn O 15 ifs ` a) O V1 , cc CO 0 i o �_ °a0 O Qu) in _0 0 E W Q O _c ° o uj a� C U O Z a a) (� E a r ac a)) w .co L 0 _O cn3 -0 U) � cvu m a) ~ m � (.9 oW � c 0 a) c o c W a, E 2 : � v LL 2m rnm 73 w o CO m a) :0 c 'ocQ c� L � Om a) p yo co mW ` � Q � m 0 -`: ° a) Z Ov• c a) 0 0 om om Q 0 o a) .O m aim ° Q c � �� CUW >, a) �' U C o E cU 0CL �' _c `CC Cl) � mm .V E 0z. 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U tAir a O Q.-to O n is O •C � N +_•, i a. Z a) o_ 0 cn co m >- W 4- (Nu E E V March 2014 CONTRACT PROVISION Targeted Small Business(TSB)Affirmative Action Responsibilities on Non-Federal-aid Projects(Third-party State-Assisted Projects) 1, TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(7), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for-profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3, TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7102 Website: https://dia.iowa.gov/tsb/index.php/search +f_ THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program. Therefore the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB)concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs, 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics,funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals(515-281-7102)to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to invnive TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 1 TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it invokes a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a "yes" indicated on the Pre-bid Contact Information form. Page 2 TSB Affirmative Action Responsibilities C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 a 1 p m W W o. .� °-o H o E 4 n N a c .c m W co y .m d — pQ a o d a a~ a y a m e .c z o c C 0 en r .€ a t = z 1 le o � ;+ r m o d Z in c �. E ao O } ji 0To C13 mm \a m a 111111 et W CO i— F- a L m g y D W p a A, co a`i $ m =z a ] 2 CO a ° o m o W ° - _0 0° V�1 ` • eW8 Z c ~J �' a Z m Q Q 4 ��� D� Q a a S N {w Cdd m .e m ro �Op NQ \ \\ JO m o E � � t-- Z V QZ Z. o a .- 00 0a To' to m oZ m c e a O o III CIS c a l _ I si al f `tom e N a. asCOa m fa.1111 �� l a 8' ¢ U 7 lo mQ o Z 8o ,...1 .S' a ED ' N m p \ Q e \. ') J 8 g d .00 L w \� o a 2 r.°' J• . oc m °o Fi nB r- �/ mo if tie ��' ..,� U ti 0 a s $ `c roa. ro H Z a N \) o H . o al 4,3 e a m 9 E 1-J a_ 0 a 0 U ca _= o zE0 ii 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 Amount of Bid--- Dollars($ ---5%--- 1 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 21 st day of April ,2016 ,tor F.Y. 2016 Fitzway Drive and Galactic Drive Extensions in the Ciy of Waterloo, Iowa-Contract No.896 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 Bld, 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 April ,A.D.201 6 Vieth Construction Corporation (Seal) Principal By :) ' �J`92�.. / / (Tiitle) North Am: •pecialty Ins n ompany(Seal) VT s •urety nne rowner Morn -in-fa Di ne R.Young NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 Manchester,New Hampshire,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 Schaumburg,Illinois,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,LACEY CRAMBLIT and DIONE R.YOUNG 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: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." \\�GIALITY!rr4/ soo„„„ana,,,,,. o0P't10NAZ r S, By ti4..GpPP0Ir1G'r$ Za _ s ` SEAL -!'n= Steven P.Anderson,Senior Vice President of Washington International Insurance Company / i y ;T, 073 14i_n n; &Senior Vice President of North American Specialty Insurance Company n Cs: n$00 i�y\ \� \ F/�/ ¢mottz ... £ r N p S� �i��yD Michael A.Ito,It Senior Vice President of ashmgton International Insurance Company rtt,trivusuu rils &Senior Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 8th day of September ,2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 8th day of September ,2015 ,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 Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,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 ' NI Reany,Notary Public MY COMMISSION EXPIRES 1 2/0 412 0 1 7 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,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 and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 12th day of April ,20 16 q . Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company