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HomeMy WebLinkAboutFORM OF BID (5) FORM OF BID F.Y. 2013 STORMWATER LIFT STATIONS (WESTFIELD AVE., VINTON ST.,AND VIRDEN CREEK) CITY OF WATERLOO, IOWA CONTRACT NO,831 1 t Honorable Mayor and City Council ( r Waterloo, Iowa t Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of Iowa g a or or tipn rnersh�p consisting of the following partnem: Tim Seibert, President of Carl A. Nelson & Company, having familiarized (himself) t (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: ° I (words) —,-- { (figures) A. Breakdown of lump sum price: Westfield Lift Station: $ �L , Vinton Lift Station: $ j ZA ;cam ioa Virden Creek Lift Station: $ 3 B. Unit Adjustment Prices: Required Base Bid quantities of the items listed ;5 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. it F FORM OF BID CONTRACT NO. 831 Page 1 of 3 ms1222 1 i No. Item Unit Unit Adjustment Price 1. Structural Earth Excavation And Backfill CY $ i 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to the undersigned within sixty (60) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten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 f ive percent of the amount of the bid <_ I Dollars ($ 5% of the bid ) in the form of Bid Bond !` = is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS, I 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 7 s6. 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 a $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: I t__ Addendum No. 1 Date 3/2 9/13 F 2 4/02/13 °i 3 4/03/13 4 4/04/13 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 I Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to I 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: j 1) The City of Waterloo does not approve the subcontractors. l FORM OF BID CONTRACT NO. 831 Page 2 of 3 ms1222 i i r i rrt i 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. f 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are 3 marked "none"or"NA". 11. The bidder has attached all applicable forms. i 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. Carl A. Nelson & Company April 8, 2013 t (Nape of idder) {Date} 3 { 1l j BY: / Title Tim Seibert, President Official Address: (Including Zip Code): } 1815 Des Moines Avenue 3 a Burlington, IA 52601 I.R.S. No, Federal ID # 42-0635367 s E i i s l 3 S I i s FORM OF BID CONTRACT NO. 831 Page 3 of 3 ms1222 M - O r E y, C) O` cn N a) cn M Cto O 'C U) O N O .a O O w o O L p N C = D (6 'C fl' U U 9 O Q m N ,O ftS 1 ro N = a W U w-- a" �L. 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W rA C Z co i.+ M M M fn fn M a � Boa a m � O LL o � oo r- oD r- O 0.0 o w W U \ \ \ N N M M 7 a) U) O U E W O m Z — 3 >- � m o� me � o� L11 � = rs � W � o Fa- fl m O m � E f T� o 0 W U o ° (�• Um omr Gn Ja. m �. � � 3 ~ a aW V c taEoi zU a0 > 2E ° • � pa q U r }ao m Of L O O � 'a -H No0 � 7 C to O :_• (� C.' CO Wucu co ) rn U ° ` c -� E p m c cn � � -0 Q o 3i v w 0 `� o ° � o` z < a) °' m o mo m ° U W ';- o U Q m > a m ° O gmo M3: c`o �� t6 aim U v CL z a 0- 0 0) cn � �° w�( � E a o a � 1 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa ) )ss County of Des Moines ) Tim Seibert being first duly sworn, deposes and says that: I President 1. He is _(Owner, q, of Carl A. Nelson i & Company the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid I and of all pertinent circumstances respecting such Bid; j3. 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 t-} 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 J tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or 3 a parties in interest, including this affiant. g I (Signed) Tim Seibert, President Title Subscribed and sworn to before me this Sth day of April 201 3. i — i Title 5/�01! KAREN W&SON My commission expires c' C m *dm Nwdw 156121 A _ ow �S r�►Ik i I NONCOLLUSION AFFIDAVIT CONTRACT NO. 831 Page 1 of 1 1 i ms1222 f i BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, Carl A.Nelson&Company as Principal, and Travelers Casualty and Surety Company of America as Surety are held and firmly bound unto the CITY OF WATERLOO, Iowa, hereinafter called"OWNER." In the penal sum of Five Percent of the Amount of Bid----------- Dollars($ 5%of Bid ) lawful money of the United States, for the payment of which sum will and truly be made,we bind ourselves,our s... - 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 2013 .for Contract No. 831 FX 2013 Storm Water Lift Stations Westfield Avenue,Vinton Street,and Virden Creek 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. 1N 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 8th day of April A.D.201 3 Carl A.Nelson&Company (Seal) Principal (Title) (/ naw Travelers Casualty and Surety Company of AmericfSeal) Witness Surety 4 , B -- Witness - Att ey-m-Fact Barbara L.Raedeke, BID BOND CONTRACT NO. 831 Page 1 of 1 ms1222 Surety Acknowledgement State of Minnesota } } ss. County of Hennepin } On this 8h day of April, 2013, before me personally came Barbara L. Raedeke , to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Travelers Casualty and Surety Co!ppany of America , the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires K X `� ✓"'^�� v `f" �w�—`' ary Public NINA E. WERSTEIN NOTARY PUBLIC-MINNESOTA My Commission Expires Jan.31,2016 x x WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 224124 Certificate No. 004923351 KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint I Dennis G.Loots,Jill N.Swanson,Laurie Pflug,Nina E.Werstein,Brian D. Carpenter, Barbara L.Raedeke,Nicole Langer,and i Teresa Hammers i of the City of Minnenz olic State of Minnesota their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 18th IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of June 2012 i Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty'Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company w 'o s m CCNN. o CDNN. N 1896 1951 �.5EAL+o! o;SBALia o � Eck ti1S + k~s �1�1 I State of Connecticut By: City of Hartford ss. /Georg99Thompson,&or ce President On this the 18th day of June 2012 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.Tl7 In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2016. 'OUBL�G * Marie C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice 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 Resident Vice Presidents,Resident 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 binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and Unitt tes Fidela and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and x€iI ft s s 01, lfianies this day of / 20/3. Kevin E.Hughes,Assistant Sec tart' 6�W% �Tp INy`G ........... pIfV ANO Suq T� 2 pprox J -y JP..........9 qJ S Nb Fry pFy 'tN0 �'S �' f1 �4 WCDAPORATED Z �I40RPORATf� iW 00PPORATf�� �' 9� I t7 J• 1 d.�. .:• s �a a d r AMtd° To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. REC`D CARL A.NELSON&CO. Vendor #—..�Inv _ MAR 2 0 Z013 GL/Job cc S M RE Tax Group_,_.______�—.._. ----- Penn Bldg Mat i-Y - -- _ WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER