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HomeMy WebLinkAboutBID - ELECTRIC PUMP INC • FORM OF BID OR PROPOSAL F. Y. 2008 WEST COMMERCIAL STREET STORMWATER PUMPS CONTRACT NO.750 CITY OF WATERLOO,IOWA Honorable Mayor and City Council Waterloo,Iowa Gentlemen: 1. The undersigned,being a Corporation existing under the laws of the State of Iowa a Partnershirriansisting of the following partners Corporation known as FJ ec'tri c- Pump Tnc_ ,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 Wayne Claassen Engineering and Surveying, Inc., are 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. 2008 WEST COINIMERCIAL STREET STORMWATER PUMPS, Contract No. 750, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: ITEM EST. UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 001_ Furnishing of Pump Nos. 1 an d 2 with controls and appurtenant items L.S. 1 383,296 383, 296 TOTAL BASE BID $383,296.00 ALT_NO. 1 ITEM EST. UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 101. Furnishing of Pump No. 3 with controls and appurtenant items L.S. 1 174,293 174,293 TOTAL-ALT.NO. 1 $174, 293.00 FORM OF BID CONTRACT NO.750 PAGE 1 OF 3 • ALT.NO.2 ITEM. EST. UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 201_ Furnishing of Pump Nos. 3 and 4 with controls and appurtenant items L.S. 1 346,985 346,985 TOTAL-ALT.NO.2 $346,985.00 *All pricing above does NOT include any sales or use tax. 2_ It is understood that the quantities set forth are approximate only and subject to variation and that the iinit bid price for the work done shall govern in the actual payment to Contractor. 3. .' In submitting this bid,the bidder understands that the right is reserved by the City of Waterloo, Iowa,to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty(30) days after the opening thereof, or at any time thereafter before this bid is withdrawn,the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten(10) days after the agreement is presented to him for signature, and start work within ten(10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5% of' Amount Bid Dollars ($ )in the form of Bid Bond , is submitted herewith in accordance with the INS 1RUCTIONS 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$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,within ten(10) days of notification that the bid submitted is lowest and acceptable. 8. The bidder has received the following Addendum or Addenda: Addendum No. 1 Date 7-7-08 FORM OF BID CONTRACT NO.750 PAGE 2 OF 3 9. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none"or"NA". 10. The bidder has attached all applicable focus. 11. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. Electric Pump Inc. 7-14-08 (Name of Bidder) (Date) BY: Thom s R. Miller Title Vice President Official Address: (Including Zip Code): 4280 E 14th Street Des Moines, IA 50313 I.R.S. No. 41 -1932807 FORM OF BID CONTRACT NO.750 PAGE 3 OF 3 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of L(.14K ) )ss County of Po\ ) Q J/ ?Lim m a$ !. Alt(`i! ,being first duly sworn,deposes and says that: l. He is (Owner,Partner,Officer,Representative,or Agent) ,of £ Pu IAA t 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 • ,including this affi ant. (S�) /O-7144 5 e ///v \ Title Subscribed and sworn to before me this \�t day of �w,'r'\52,,, ,2008. Title My commission expires •2( •20 \ \ KA HLEEN HATFIELD Commission Number 185298 My Commisrg NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR — N 0' State of ) ) ss: County of ) ,being first duly sworn, deposes and says that: 1. He is (Owner,Partner,Officer, Representative, or Aaent) , of hereinafter referred to as the"Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in. (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor 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 proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner,directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal,or to fix any overhead,profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo,Iowa, or any person interested in the proposed contract; and 5. 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C) 4 U a00 co o o H o n a>i �' w `�_ 0 a >' W o aai o �" W m U o 0 0: -O d ranep CI 15 o y `o W ° 00 ao a) G m o0 C q U W ° �'U o Q o c Ni- E o 03:): Q - � �HZ : : m0 � U 4:44 >s2 Q o U 0 o cd .0 ci cd -0 ci -6 ai ,� s. >, o 0 cv .4 w ,4 -5 0 0 o0 ,,z a c, -o o CD y 4.0 GU a -� Go O �i 0 >, 0 .0 UU i ", CL) w = -. o 0 ya' O U d H 0 �`''. y C G j U w w w a. a' 0 .-, Fr.i -o c i -0 i W ri 4 .o vi as g ci - w EIFIO r ELECTRIC PUMP 4280 NE 14th Street Des Moines Iowa 50313 800-383-7867 Fax: 515-265-8079 Monday,July 14,2008 Subject: City of Waterloo Contract 750 MBE/WBE Letter of Explanation To Whom it May Concern: It is our interpretation that the bid requirement for contract 750 is a material only contract request,therefore we are not required to be compliant with MBE/WBE requirements. Electric Pump Inc.is a privately owned corporation that is held by the Miller Family of Des Moines IA. Should you need any further explanation please feel free to contact me. Sincerely, Thomas Miller Vice President BID BOND KNOW ALL MEN BY THESE PRESENTS,that we, Electric Pump & Tool Services, Inc. as Principal,and Merchants Bonding Company (Mutual) as Surety are held and firmly bound unto the CITY OF WATERLOO_,Iowa,hereinafter called "OWNER." In the penal sum Five Percent of Amount Bid I7o-n-Er s($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 14th day of July ,2008,for F.Y.2008 West Commercial Street Stormwater Purnns Contract No.750 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 14th day of July ,A.D.2008. of WWKATHLEEN HATFIELD Electric Pump & Tool Services, Inc. (Seal) 4 s Commission Number 185298 Principal/ a My Commission Expires By fc{ �S (Title) Merchants Bonding Company(Mutual) W'taess Surety By o,A fin-fact Witness orne -in fact Nancy D. Schwarz Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made, constituted and appointed,and does by these presents make,constitute and appoint F.Melvyn Hrubetz,Greg T.LaMair,Joyce O.Herbert,Nancy D.Schwarz,Mark B.Keairnes, Patrick K.Duff,Jeffrey R.Baker,Joseph I.Scbmit of Des Moines and State of Iowa its true and lawful Attorney-in-Fact,with full power and authority hereby conferred In its name, place and stead,to sign,execute,acknowledge and deliver In its behalf as surety any and all bonds,undertakings,recognizances or other written obligations In the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by etc..Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 16th day of January,2006. ••(OW-0041A�• MERCHANTS BONDING COMPANY(MUTUAL) • "''F:e.„4...... y 1933 i C: By /Or, f STATE OF IOWA • Presiden; COUNTY OF POLK ss. On this 16th day of January,2006,before me appeared Larry Taylor,to me personally known,who being by me duly swam did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described In the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. ++��, CINDY SMYTH 64I Commission Number 173604ow My Commission Expires March 16,200 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still In full force and effect and has not been amended or revoked. In Witness Whereof,i have hereunto set my hand and affixed the seal of the Company on this 14tf-ay of July , 200$ •. p•NN CO 4. $• •.4 1933 Secretary POA 0001 (1/06) ..-..4 • r•''K'...