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HomeMy WebLinkAboutBID BOND - REILLY CONSTRUCTION CO INC BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Reilly Construction Co., Inc. as Principal, and Berkley Regional 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 Bid Dollars($ 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 27th day of June , 2011 for F.Y. 2011 Highway 63 South Manhole Rehabilitation, Contract No. 809 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 27th day of June ,A.D. 2011. Reilly Construction Co., Inc. (Seal) Princip y • (Title) -PalAti-k. 5. C1I-X.4645-la-2 Berkley Regional Insurance Company (Seal) Witness Surety Witness C''ndy Bennett anne S. Riley, Att6rney--in-fact BB-1 Hwy63MHRehab-11 3632(60184424.61) No.441c POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. g KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a cat ✓ corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Cindy Bennett, Anne Crowner, 8 Brian M. Deimerly, Jay D. Freiermuth, Craig E. Hansen, Dianne S. Riley, Stacy L. Venn, Lacey Cramblit or Jennifer N. • Murphy of Holmes Murphy&Associates, Inc. of West Des Moines,IA its true and lawful Attorney-in-Fact, to sign its name as • surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars (U.S.$50,000,000),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers .� of the Company at its principal office in their own proper persons. -a E This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: o t "RESOLVED,that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and o qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations • on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; o .o and further ¢ c,1 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, h or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the E manner and to the extent therein stated;and further u - RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any a E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or • 3 other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as • 2 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 0 z,, person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have .g ceased to be such at the time when such instruments shall be issued." � .0 o IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this 1 0 day of FY�ibniA-0,2/ ,2011. o H Attest: Berkley Regional Insurance Company • F' (Seal) By By Ira-S.Le erman (J y .Hafter o Senior Vice President&Secretary S nior ice President o E WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) o ) s s: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this 1'e day of Jam¢L�tu 2011,by Jeffrey M.Hafter and • czt Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary,respectively,of > 0 Berkley Regional Insurance Company. EULEEM KELLEEN d NOTARY Y?mut'• (-49 M ` ° SSION ExPIRP 4"4 s NO.2012 Notary Public, State of Connecticut `g CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the g foregoing is a true,correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this 27th day of June , 2011 (Sealy /�O e'w _ Steven Coward Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of; Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company,Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond,please call (866) 768-3534 or email BSGlnquiry@berkleysurety.com Any written notices,inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group,LLC 412 Mount Kemble Avenue Suite 310N Morristown,NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond.Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. REVISED-Addendum#2 6/16/11 TOTAL ITEM ESTIMATED UNIT BID NO. ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL BID PRICE 13 32-Inch Internal Chimney Seal Each 1.0$ 9,c1c3-00 $ ( 1d_4)e) 14 54-Inch Internal Chimney Seal Each 1.0 $ ,4 .0 $ ) I3 -0, t 15 Manhole Lid Gasket Each 84.0 $ $ -tat•‘=" 16 Manhole Inflow Dish Each 54.0$ i 25 T> $ l.2 17 9-Inch Thick Crushed Stone Base SY 30.0$ I3_3' $ S2S,oL 18 Stabilization Mix Fertilizing and Seeding Acre 0.5 $ 3, A) $ ( � 19 Rural Mix Fertilizing and Seeding Acre 0.5 $ r .);)/t $ 6 20 Mulching Acre 1.0 $ P' /65 tx`_� $ `-11 •c'3r 21 Traffic Control LS 1.0$ „74,Sr5 $ • *tea TOTAL AMOUNT $ / /�4 -O 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 for signature, and start work within ten (10) days after "Notice to Proceed"is issued. 4. Security in the sum of s Dollars($ )in the form of +10 1 0 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$10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC,within ten(10)days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. I Date 6/1,1 L//L // 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with BF-2 Hwy63MHRehab-113631(60184424.61) REVISED-Addendum#2 6/16/11 this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. a/zzi ) (Name of Bid, (Date) BY: iv-�--- Title ()ICT- Official Address: (Including ip Code): 26. at)) S '.',?rJ d 4,- 5'Z../L% I.R.S. No. g-12— 0 ie i 7. BF-3 Hwy63MHRehab-113631(60184424.61) BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER," in the penal sum Dollars ($ ) 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 , 2011, 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. 2011. (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact BB-1 Hwy63MHRehab-113632(60184424.61) NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of 01.1:).i `f';}- County of r3C.Pc-K 114 . )ss 181 r < being first duly sworn, deposes and says that: 1. He is (Owner ,Partne , Officer Representative, or Agent)fi s ru - , the Bidder that has submitted the attached, ofBid; t 7 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 a ies in interest, in ding this affiant. (Signed) p ()LE- TDENY r-� Title Subscribed and sworn to before me this / day of , 2011. I Cc� Title My commission expires Li A 2-it3 • ____ PAKE {? ; COMMISSION:ND O.178968 • A+v .t tY MI EXPIRES NCA-1 Hwy63MHRehab-113632(60184424.61) NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of )ss County of , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , 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. The price or prices quoted in the subcontractor's proposal 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) Title Subscribed and sworn to before me this day of, , 2011. Title My commission expires NCA-2 Hwy63MHRehab-113632(60184424.61) RESIDENT BIDDER CERTIFICATION CONTRACT NO: O 9 PROJECT NAME: (4 14:�0-i.4 1. 3. & 4 11 K'rU F®L-e la-14-413I i DATE OF LETTING: 3 tA ) To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non-federal-aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi-skilled, or unskilled, whether manual or non-manual. This also applies to work subcontracted by or to the resident bidder on a non- federal-aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. 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 no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. 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