071218 EIM Bid BondBID BOND
BIDDER (,Name and Address):
AE2S Construction, LLC dha EIM
52SS East River Road, Suite 208 _.
Fridley, MN S5421
SURETY (Name and Address of Principal Place of Business):
North American S ecial Insurance Company
5200 Matcalf OPN 111
Qy2dand Park KS 66202-1391
BID
BID DUE DATE:
7112118
PROJECT (Brief Description Including Location):
Electrical rehabilitation of the Boulder Ridge Well Facility.
BOND
BOND NUMBER: Bid Bond
DATE (Not later than Bid due date): July 12, 2018
PENAL SUM: Five Parceat (5%) of Total Amnunt Rid °
(Words) (Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on
the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer,
agent, or representative.
BIDDER
AE2S Construction. LLC dba EIM (Seal)
Biddees Name and Corporal
By. 4.
Signature and Ti
Attest:
Signature and Title GO—A-',t5 Cterf`
SURETY
North American Specialty Insurance
Company (Seal)
Surety's
By:
R.C. Bowknan Signature and Title
Attomey -in -Fact (Attach Power of Attorney)
Attest: �Li.[i�L" 4'
Emily White Signature and Title
Surety Account Representative
Note: (l) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where
applicable.
Shorewood, Minnesota 00 43 13 -1 BID SECURITY
Boulder Bridge MCC
Replacement
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the
penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this
Bond shall be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the
Bidding Documents and any performance and payment Bonds required by the Bidding Documents.
3. This obligation shall be null and void if
3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any
extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding
Documents and any performance and payment Bonds required by the Bidding Documents, or
3.2. All Bids are rejected by OWNER, or
3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or
any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required
by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt
by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable
promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of
Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required
in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state
in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on
the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States
Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of
the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such
Bond and bind the Surety thereby.
l0. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at
length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable.
Shorewood, Minnesota 004313-2 BID SECURITY
Boulder Bridge MCC
Replacement
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
State of North Dakota )
ss
County of 6and2' }
On this 12th day of July 2018 , before me app�Xed -�-
to be known, who, being by me duly sworn, did say that (s)he is the I kA All k A I of
the Limited Liability Company described in and which executed the foregoing instrument, and that (s)he
signed his name thereto by order of the Board of Governors of said Limited Liability Company.
FJANICE A. ERICKSON
tary Public of North Dakota
on Expires Dec 2T, 2021
State of Minnesota )
)Ss
County of Hennepin )
NokWublic (:�M
My commission expires
SURETY ACKNOWLEDGMENT
County,
On this 12th day of July _ 2018 , before me appeared R.C. Bowman
to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of
North American Specialty Insurance Company , a corporation, that the seal
affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was
executed in behalf of said corporation by authority of its Board of Directors; and that said
R.C. Bowman acknowledged said instrument to be the free act and deed of said corporation.
EMILY R. WHITE
NOTARY PUBLIC - MINNESOTA
My Cwnm =wo Eap m
January 31, 2021
Lot--
Notary Public Hennepin County, Minnesota
My commission expires 1/31/2021
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:
R. W. FRANK, R. SCOTT EGG[NTON, JOHN E. TALrEP, CRAG REMICK, JOSHUA R. LOMS. TINA L. DOMASK, ROSS S. SQUIRES, RACHEL THOMAS, NIOOLE STILLINGS, SANDRA M. ENGSTRUM, BETSY WRIGHT
JEROME T. DUIMET, KURTC. LUNDBLAD, BRIAN L OSSIREICH, UN ULVEN, EMILY WRITE, TED JORGENSEN. MELINDA C- BLODGETT. R.C. BOWMAN, COLBY P. WHnB. ALLISON H[LL sod RICK GIBBS 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, 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 sea[ 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."
By
Steve■ r. Andersoo, Senior al of W&AIngloa 126"Saflenal ranee Company
& Sedor Vice Preddeat of North Anwilm SpecUlty f■ arance Cempa ■y
i Senior Vice PreeWent of WWe/rftpenn IRs■ta■tt Corporal"
By
Mine A. Ito, Seater Vke PraWe■t of W kIbIN9 oa laeer■atie■al 1■s■rartee CatnpaRy
Q Senior Vice Predde■t of North Arnerkon Specialty I■sun■ee Company
& Senior Vke President of Westpon 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 7th day of November 20 17
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook SS:
On this 7th day of November ' 20 17 before me, a Notary Public personally appeared
Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
0FR IAt SE L
IL KENNT
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 12th day of July ,
Jeffrey Goldberg, Vice Pmideat & Assistant S;emlary of Washington tntemational Laurance Company &
North American Specialty Insurance Company & Vice President & Assistant Secreury of Westport Insurance Qwparatarn
Responsible Contractor Verification
AE2S Construction, LLC
I am an owner or officer of dba EIM [name of bidder] ("Bidder"). I hereby
verify that Bidder is in compliance with the minimum criteria required of a "responsible
contractor" as that term is defined in Minnesota Statutes § 16C.285, subdivision 3, and as
explained in the attached document entitled "Responsible Contractor Requirement."
I further agree that Bidder has received a signed statement under oath from each
subcontractor that Bidder intends to use to perform work on the project verifying that the
subcontractor meets the minimum criteria under Minn. Stat. § 16C.285, and that Bidder will
furnish such statements to the contracting authority upon request. Bidder intends to retain the
following first -tier subcontractors for work on this project:
rV1�nn��p -� ALCWxr% a LJ 6oly t10 n,5
If Bidder is awarded the contract for the project, I further agree that Bidder will submit
the attached document entitled "Additional Subcontractor List" as required.
Signed this 12th day of July $2018
ZZ,; -
By: «erlST�c�'� _ [printed name]
(ecfnc�� s t4!! "fit i of �o .45'[r-VAon lC L [name of bidder]
CP4
STATE OF MINNESOTA )
COUNTY OF MAL Cl )
,Signed and sworn to before
me on �L+n % 20J�3,
Lmj &2�D-
Notary Public
by
!�
DARNEL RAMOS
Notary POW
low"
Mlnnasm
My Commission Explros
Jan 31, 2023
P
me on �L+n % 20J�3,
Lmj &2�D-
Notary Public
by
RESPONSIBLE CONTRACTOR REQUIREMENT
To be eligible to be awarded this contract, each bidder must submit a signed statement, under
oath, verifying that it is a "responsible contractor" as that term is defined in Minnesota Statutes §
16C.285, subdivision 3. To be a "responsible contractor," a contractor must be in compliance
with the following minimum criteria:
(1) the contractor:
(i) is in compliance with workers' compensation and unemployment insurance
requirements;
(ii) is currently registered with the Department of Revenue and the Department of
Employment and Economic Development if it has employees;
(iii) has a valid federal tax identification number or a valid Social Security
number if an individual; and
(iv) has filed a certificate of authority to transact business in Minnesota with the
secretary of state if a foreign corporation or cooperative;
(2) the contractor or related entity is in compliance with and, during the three -year period
before submitting the verification, has not violated Minnesota Statutes sections 177.24,
177.25, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated the United
States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to
3148. For purposes of this clause, a violation occurs when a contractor or related entity:
(i) repeatedly fails to pay statutorily required wages or penalties on one or more
separate projects for a total underpayment of $25,000 or more within the three -
year Prod;
(ii) has been issued an order to comply by the commissioner of labor and industry
that has become final;
(iii) has been issued at least two determination letters within the three -year period
by the Department of Transportation finding an underpayment by the contractor
or related entity to its own employees;
(iv) has been found by the commissioner of labor and industry to have repeatedly
or willfully violated any of the sections referenced in this clause pursuant to
section 177.27;
(v) has been issued a ruling or findings of underpayment by the administrator of
the Wage and Hour Division of the United States Department of Labor that have
become final or have been upheld by an administrative law judge or the
Administrative Review Board; or
(vi) has been found liable for underpayment of wages or penalties or
misrepresenting a construction worker as an independent contractor in an action
brought in a court having jurisdiction.
Provided that, if the contractor or related entity contests a determination of underpayment
by the Department of Transportation in a contested case proceeding, a violation does not
occur until the contested case proceeding has concluded with a determination that the
contractor or related entity underpaid wages or penalties;
(3) the contractor or related entity is in compliance with and, during the three -year period
before submitting the verification, has not violated Minnesota Statutes section 181.723 or
chapter 326B. For purposes of this clause, a violation occurs when a contractor or related
entity has been issued a final administrative or licensing order;
(4) the contractor or related entity has not, more than twice during the three -year period
before submitting the verification, had a certificate of compliance under Minnesota
Statutes section 363A.36 revoked or suspended based on the provisions of section
363A.36, with the revocation or suspension becoming final because it was upheld by the
Office of Administrative Hearings or was not appealed to the office;
(5) the contractor or related entity has not received a final determination assessing a
monetary sanction from the Department of Administration or Transportation for failure to
meet targeted group business, disadvantaged business enterprise, or veteran -owned
business goals, due to a lack of good faith effort, more than once during the three -year
period before submitting the verification;
(6) the contractor or related entity is not currently suspended or debarred by the federal
government or the state of Minnesota or any of its departments, commissions, agencies,
or political subdivisions; and
(7) all subcontractors that the contractor intends to use to perform project work have
verified to the contractor through a signed statement under oath by an owner or officer
that they meet the minimum criteria listed in clauses (1) to (6).
Any violations, suspensions, revocations, or sanctions, as defined in clauses (2)
to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a
contractor or related entity meets the minimum criteria.
Any prime contractor or subcontractor that does not meet the minimum criteria in Minn. Stat. §
16C.285, subd. 3, which section is set forth above, or fails to verify that it meets those criteria is
not a "responsible contractor" and is not eligible to be awarded a construction contract for the
project or to perform work on the project.
A false statement under oath verifying compliance with any of the minimum criteria shall render
the prime contractor or subcontractor that makes the false statement ineligible to be awarded a
construction contract on the project and may result in termination of a contract awarded to a
prime contractor or subcontractor that submits a false statement.
A prime contractor or subcontractor shall include in its verification of compliance under
subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the
project. If a prime contractor or any subcontractor retains additional subcontractors on the project
after submitting its verification of compliance, the prime contractor or subcontractor shall obtain
verification of compliance from each additional subcontractor with which it has a direct
contractual relationship and shall submit a supplemental verification conforming compliance with
subdivision 3, clause (7), within 14 days of retaining the additional subcontractors.
A prime contractor shall submit to the contracting authority upon request copies of the signed
verifications of compliance from all subcontractors of any tier pursuant to Minn. Stat. § 16C.285,
subd. 3(7).
A Responsible Contractor Verification form is provided with the bid documents. Each bidder
must submit the form with its proposal.
SECTION 00 4513
Submit within 48 hours of bid opening
BIDDER QUALIFICJkTIONS FORMS
Shorewood, Minnesota 00 4513 -1 BIDDER QUALIFICATIONS
Boulder Bridge MCC Replacement
-
Full Legal Name:
AE2S Construction, LLC dba EIM
Organization Type:
Electrical Contractor
State of Incorporation:
North Dakota
5255 East River Road, Suite 208
Address for Notices:
Fridley, MN 55421
Contact Name:
Contact Number:
Nevin Fenstermacher
763. 479-3744
Years In Business:
3.5 under current legal name, 30+ as EIM
Dollar Value of Pump Station
Construction Work in Past 5
$2,000,000
Years:
Description of Work that will
be Self- Performed:
Electrical installation complete, no subcontract work.
Shorewood, Minnesota 00 4513 -1 BIDDER QUALIFICATIONS
Boulder Bridge MCC Replacement
Bidder's Name: AE2S Construction, LLC dba EIM
Project Name:
! Year Constructed:
Contract Amount ($):
Roseville Boaster Station Phase 1
1017 -18
$W1000
Project Owner Contact City of Roseville, Paul Coone, 651.792.7053
Name and Number
Project Engineer Contact AE2S, Aaron Vollmer, 763463 -5036
Name and Number
Project Description
Replacement of electrical service, new standby generator, new service
entrance equipment with automatic transfer switch and distribution
gear. All completed with single 1.5 hour shutdown period.
Current Employees with Experience on this Project
Name
Nevin Fenstermacher
Mark Paddock
Jim Schlosser
Rick Cariveau
Journeyman Electricians
Responsibility
District Manager
Project Manager/Estimator
Estimator
Foreman
de) General Installation
Shorewood, Minnesota 004513-2 BIDDER QUALIFICATIONS
Boulder Bridge MCC Replacement
SECTION 00 4519 - NON - COLLUSION AFFIDAVIT
STATE OF #A tA11
COUNTY OF 4CY1AV n
I hereby swear (affirm) under penalty or perjury:
1. That I am the Bidder (if Bidder is an individual), a partner in the Bidder (if Bidder is a
partnership), or an officer or employee of the Bidder (if Bidder is a corporation) having
authority to sign on its behalf;
2. That the attached Bid or Bids have been arrived at by the Bidder individually and have been
submitted without collusion with, and without any agreement, understanding or planned
common course or action with any vendor of materials, suppliers, equipment, or services
described in the invitation to bid designed to limit individual bidding or competition;
3. That the contents of this Bid or Bids have not been communicated by Bidder or its employees
or agents to any person not an employee or agent of the Bidder or its surety on any bond
furnished with the Bid or Bids, and will not be communicated to any such person, prior to any
official opening of the Bid or Bids; and
4. That I have fully informed myself regarding the accuracy of the statements made in this
affidavit.
e2
ignature of Bidder
E 1e d 1 AA
Position
AE2S Construction, LLC dba EI M
Company Name
July 12th, 2018
Date
Subscribed and sworn before me this
END OF SECTION
Shorewood, Minnesota 00 4519 -1
Boulder Bridge MCC Replacement
rw
DARML RAMo5
Notary Public
Minnesota
M commission Expires
rSe* 31, 2023
NON - COLLUSION AFFIDAVIT