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HomeMy WebLinkAboutFORM OF BID (2) rFORM OF BID F.Y. 2013 STORMWATER LIFT STATIONS (WESTFIELD AVE., VINTON ST.,AND VIRDEN CREEK) ' CITY OF WATERLOO, IOWA CONTRACT NO. 831 Honorable Mayor and City Council Waterloo, Iowa Gentlemen: ' 1. The undersigned, being a Corporation existing under the laws of the State of Minnesota 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 Stanley Consultants, Inc., 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. 2013 STORMWATER LIFT STATIONS (WESTFIELD AVE., VINTON ST., AND VIRDEN CREEK) CONTRACT NO. 831, all in accordance with the above-listed documents for the following lump sum price: -- (words) (figures) A. Breakdown of lump sum price: Westfield Lift Station: $ C � 006 Vinton Lift Station: $ \ ��1 U �0C) ' Virden Creek Lift Station: $ `�; bon B. Unit Adjustment Prices: Required Base Bid quantities of the items listed r below are set forth in the Contract Documents. If increases or decreases in these quantities occur, the Contract Price is to be adjusted by Change Order on the basis of the following. Adjustment prices are subject to acceptance by Owner, and rejection of one or more adjustment prices will not invalidate acceptance of this Bid. FORM OF BID CONTRACT NO. 831 Page 1 of 3 ms 1222 i No. Item Unit Unit Adjustment Price 1. Structural Earth Excavation And Backfill CY $ ' 2. 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to the undersigned within sixty (60) days ' after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after"Notice to Proceed" is issued. ' 4. Security in the sum of Dollars ($ 10% ) in the form of bid bond is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. 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. 8. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 3/29/13 2 4/2/13 4 4/4/13 9. 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 poor 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. FORM OF BID CONTRACT NO. 831 Page 2 of 3 ms1222 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"or"NA". 11. The bidder has attached all applicable forms. ' 12. 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. Rice e Constructidn P Grou 4/8/13 Maider) (Date) BY: �- L0V Title president Wade J. Leonard ' Official Address: (Including Zip Code): 22360 County Road 12 ' Deerwood, MN 56444 I.R.S. No. 41-1505802 FORM OF BID CONTRACT NO. 831 Page 3 of 3 ms1222 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of Minnesota } }ss County of Crow Wing ) Wade J. Leonard , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer. Representative, or Agent), of Rice Lake Construction Group , 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 cast 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 ar fair and proper and are not tainted by any collusion, conspiracy, connivapce or unlawful agreement on the part of the Bidder or any of its agents, represe a ivps` ow ers, employees, or parties in interest, including this affiant. Si nedC �� 9 ) Wade J. Leonard- President Title Subscribed and sworn to before me this 8t—,h—day of April , 2013. Title a�,wwrna�+ My commission expires 1/31/2017 ;�4 T� CANDIDA D. JOHNSON NOTARY PUBLIC-MINNESOTA My Comm.Exp.Jan.31,2017 1 NONCOLLUSION AFFIDAVIT CONTRACT NO. 831 Page 1 of 1 ms 1222 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Rice Lake Construction Group as Principal, and FERAL INSURANCE COMPANY as Surety are held and firmly bound unto the CITY OF WATERLOO, Iowa, hereinafter called"OWNER." In the penal sum of FIVE PERCENT (5%) OF THE AMOUNT OF THEMPIrs($ 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 8th, day of April , 20 13 ,for Contract No. 831, F.Y. 2013 Storm Water Lift Station NOW,THEREFORE, (a)If said Rid 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 8th4 day of April A.D. 2013 Rice. Lake Constructipn Group (Seal) cipal By L IV+ le) Wade J. Leonard - President FEDERAL INSURANCE COMPANY (Seal) Wit f��4e . By fitness Attomey-in-Fact Bruce N. Telander, Attorney-in-Fact BID BOND CONTRACT NO. 831 Page 1 of 1 ms1222 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ss. County of CROW WING On this 8t', of April 2013,before me appeared Wade J. Leonard to me personally known, who,being by me duly sworn,did say that(s)he is/are the President of Rice Lake Construction Groun , a corporation, that the seal affixed to the forgoing instrument is the corporate seal of said corporation, R_ ._ (If no seal,so state,and strike out above as to corporate seat)and that said instrument was executed in behalf of said corporation by authority of its Board of Directors;and that said Wade J. Leonard acknowledged said instrument to be the free act and deed of said corporation. CAND{DA D. JOHNSON NOTARY PUBLIC-MINNESOTA My Comm,Exp.Jan.31,2017 Notary Public A i tk i n County, MN My commission expires 1 —31 —2 01 7 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ss. County of HENNEPIN On this 8`t`, of April ,2013,before me appeared Bruce N.Telander to me personally known,who being by me duly sworn,did say that(s)he is the Attorney-in-Fact of FEDERAL 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 Bruce N.Telander acknowledged said instrument to be the free act and deed of said corporation. f Notary Public Ramsey County, MN n�H � r ��l,aS My commission expires 01/31/15 1 a 1 NOTARY PUBLIC-MINNESOTA i' 14 Commission Expi,es Jan.31,2015 � y� Chubb POWER Federal Insurance Company Attn: Surety Departir.mrit OF Vigilant Insurance Company 15 Mountain View Road cHues Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Sandra M. Doze, R. Scott Egginton R W Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen Mi cole M. Nelson, Brian J. Oestreich, Donald R. Olson, Craig H. Remick, John E. Tauer, Bruce N. Telander and Rachel A. Thomas of Minneapolis, Minnesota------------------------------------------------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 28th day of June, 2011. Kennetfi C.Wendel,Assistant ecretary David rN'orris,Jr.,Vice Presidenii STATE OF NEW JERSEY County of Somerset S5. On this 28th day of June, 2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B. Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal MTHERINE J,ADEIAAR�OF N®TARY PUBLIC OF NEW JFRSFI ���sY ) CO� W.2316685 PU8 l�� 6pnt July 1S,j07, v Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and bi^ding upon the Company with respect to any bond or undertaking to which it is attached." 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island,and (iii) the foregoing Power of Attomey is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this 8th, day of Apri 1 2013 `aSVPAp f,,�,�ptNWrrY `�§LLRA,V- < / e y • � 'C !A"ANP IF A NEW -- .Z.,-.", — ' Kenneth C endel,AS istant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: suret chubb.com Form 15-10-0225B-U (Ed. 5-03) CONSENT