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E & H Restoration, LLC
BID ENCLOSED: FY 2017 EAST 5TH ST. PARKING GARAGE REPAIRS, CONTRACT NO. 930 DUE: JUNE 8, 2017, 1:00 PM E & H RESTORATION, L.L.C. Engineers • Contractors P.O. Box 4045 • 1926 Comenitz Drive Davenport, Iowa 52802-4045 CITY CLERK CITY OF WATERLOO CITY HALL 715 MULBERRY STREET WATERLOO, IA 50703 MI J Z 6 V N O (' .." Cm m F Ern o mo A/ ®o M N n W Q) o m v o m0 0 4Sd a Ca ill BID BOND FY 2017 - East 5th St. Parking Garage Repairs #930 FORM OF BID OR PROPOSAL F.Y. 2017 EAST 5T" STREET PARKING GARAGE REPAIRS CONTRACT NO. 930 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 Partnership consisting of the following partners: Mark F. Emde 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 AECOM 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. 2017 EAST 5T" STREET PARKING GARAGE REPAIRS, Contract No. 930, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2017 EAST 51" STREET PARKING GARAGE REPAIRS CONTRACT NO. 930 Item No.n .. Este nrt Bfd P ice ' otal Bid Pncwit:e ` 1 REMOVE AND REPLACE RAMP EXPANSION JOINT LF 2740. $ 300.00 $ 82,200.00 2 REMOVE AND REPLACE STAIRWELL EXPANSION JOINT LF 25.0 $ 440.00 $ 11,000.00 3 REMOVE AND REPLACE HORIZONTAL JOINT LF 472.0 $ 297.00 $ 140,184.00 4 REMOVE AND REPLACE VERTICAL JOINT LF 352.0 $ 76.00 $ 26,752.00 5 PATCH, PARTIAL DEPTH FINISH, BY AREA SF 813.0 $ 55.00 $ 44,715.00 6 CONCRETE REPAIRS, FORMED SF 1,098.0 $ 134.00 $ 147,132.00 7 CONCRETE REPAIRS, TROWELED SF 274.0 $ 72.00 $ 19,728.00 8 DRAINS LS 1.0 $ 19,663.0C $ 19,663.00 9 PATCH, FULL DEPTH FINISH, BY AREA SF 520.0 $ 27.50 $ 14,300.00 10 CAULK SEALANT LF 120.0 $ 10.00 $ 1,200.00 11 SURFACE COATING - SLAB SF 100.0 $ 16.50 $ 1,650.00 FORM OF BID AECOM #60492069 CONTRACT NO. 930 FB -1 of3 East 51h Street Parking Garage Repairs [tem 4 Descnp t =nit Bid Total P cel 12 SURFACE COATING - WALL SF 1,900.0 $ 1.60 $ 3,040.00 13 TEMPORARY SHORING LS 1.0 $ 19,218.00 $ 19,218.00 14 TRAFFIC CONTROL LS 1.0 $ 4,800.00 $ 4,800.00 15 MOBILIZATION LS 1.0 $ 13,118.00 $ 13,118.00 16 ENTRANCE LANDINGS LS 1.0 $ 15,000.00 $ 15,000.00 17 DOORS EACH 12.0 $ 3,500.00 $ 42,000.00 TOTAL BASE BID $605,700.00 ALTERNATE BID 1 18 ALTERNATE PROJECT SCHEDULE LS 1.0 $21,000.00 $ 21,000.00 TOTAL BASE BID AND ALTERNATE 1 $626,700.00 2. It is understood that the quantities set forth are approximate only and subject to va iation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of 5% bid bond ($ ) in the form of bid bond accordance with the INSTRUCTIONS TO BIDDERS. Dollars , is submitted herewith in 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Resident Bidder Certification ( X ) or Non -Resident Bidder Certification ( ). (Mark one.) 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. The bidder has received the following Addendum or Addenda: Addendum No. Date FORM OF BID CONTRACT NO. 930 FB -2 of 3 AECOM #60492069 East 5(h Street Parking Garage Repairs 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 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 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: 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. E & H Restoration, L.L.C. June 7, 2017 BY (Name of Bidder) (Date) Pai 7/4 Title President Mark F. Emde Official Address: (Including Zip Code): 1926 Comenitz Drive Davenport, IA 52802 I.R.S. No. 37-1452082 FORM OF BID CONTRACT NO. 930 FB -3 of 3 AECOM #60492069 East 5th Street Parking Garage Repairs INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: E & 11 Restoration, L.L.C. ADDRESS: 1926 Comenitz Drive Davenport, IA 52802 (Check One) PRIME XX FEDERAL ID#: 37-1452082 SUBCONTRACTOR PROJECT NAME?. Y. 2017 East 5th Street Parking Garage Repairs PROJECT CONTRACT NO.: 930 DESCRIPTION OF WORK: O Brickwork O Carpentry O Concrete O Drywall -Plaster -Insulation O Electrical O Excavation/Grading O Flooring O Heavy Construction O Heating -Ventilating -Air Cond. O Landscaping O Painting O Paving O Plumbing O Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition O Other (Please specify) XX Masonry Restoration SALES TAX EXEMPTION CONTRACT NO. 930 STE-1 of 1 AECOM #60492069 East 5'h Street Parking Garage Repairs NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa )ss County of Scott ) Mark F. Emde being first duly sworn, deposes and says that: 1. He is (Owner Partner, Officer, Representative, or Agent) of E & H Restoration 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 interest, including this affiant. (Signed) Mark F. Emde, President Subscribed and sworn to before me this 5VOC., , 2017. My commission expires Title d h day of -‘14417‘ 7' tA) 6 T 9-30 )8 f/ SHARON J. GiL7FRP).11 Ccmmissfen f r 72 e17,32 2 tsyCerardssta h NON -COLLUSION AFFIDAVIT CONTRACT NO. 930 NCA -1 of 2 AECOM #60492069 East 51h Street Parking Garage Repairs EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c, Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, EQUAL OPPORTUNITY CLAUSE CONTRACT NO. 930 EOC-1 of 2 AECOM #60492069 East 51" Street Parking Garage Repairs subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. EQUAL OPPORTUNITY CLAUSE AECOM #60492069 (Signed) Mark Emde (Appropriate Official) President (Title) 6-7-17 (Date) CONTRACT NO. 930 EOC-2 of 2 East 5'" Street Parking Garage Repairs RESIDENT BIDDER CERTIFICATION CONTRACT NO: 930 PROJECT NAME: F. Y. 2017 East 5th Street Parking Garage Repairs DATE OF LETTING: June 8, 2017 To be a qualified resident bidder, the bidder shall be a person or entity authorized to transact business in this state and having a business for at least three years prior to the date of the first advertisement for the public improvement. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. 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 I am a resident bidder as defined above. COMPANY NAME E & H Restoration, L.L.C. GICEBORAIE OFFICER Mark F. Emde �42t° TITLE President DATE June 7, 2017 RESIDENT BIDDER CONTRACT NO. 930 RB -2 of 3 AECOM #60492069 East 5th Street Parking Garage Repairs MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: E & H Restoration, L.L .C. Project:PY2017 E 5th S. Pkg GaragkettingDate: 6/8/2017 NO MBE/WBE SUBCONTRACTORS: If you are NOT explanation as to why subcontracting was not feasible portion of this form. Contractor Signature: n de ark F. Repairs using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief with this project. If any MBE/WBE subcontractors will be used, please use the bottom Title: President Date: 7 June 2017 SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS (Form CCO-4) Rev. 06-20-02 MBENVBE PARTICIPATION AECOM #60492069 CONTRACT NO. 930 M-6 of 6 East 5'h Street Parking Garage Repairs Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted Daniels Home Improvement 6-5-17 No 6-6-17 No $ .00 DC Corporation 6-5-17 Yes 6-8-17 Yes $ 13,000.00 Greer's Works 6-5-17 No 6-6-17 No $ .00 Quick Construction 6-5-17 No 6-6-17 No $ .00 (Form CCO-4) Rev. 06-20-02 MBENVBE PARTICIPATION AECOM #60492069 CONTRACT NO. 930 M-6 of 6 East 5'h Street Parking Garage Repairs BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, E & H Restoration , LLC as Principal, and Merchants Bonding Company as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Five Percent of the Total Bid Amount Dollars ($ 5% ) [awful 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 clay of June , 2017 , for 2017 East 5th Street Parking Garage Repairs 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 8th day of June , A.D. 2017. _(Seal) .�yv4 c OU AVL �liU 'L (Seal) ness 11 e� i_k_vyLe Witness By Prin pa'l Mark F. Erode (Title) President BID BOND CONTRACT NO. 930 813.1 of 1 AECOM 460492069 East 5°i Siceet Parking Garage Repairs MERCHANTS. BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brian C Matlock; Joyce L Briggs; Laura A Foust; Michael F Wernsman; Scott A Saveraid; Thomas R Schwab; Timothy J Smith their true and lawful Attomey(s)-in-Fad, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments 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. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President 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." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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 connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact Includes any and all consents for the release of retained percentages and/or final estimates an engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Wheredf, the Companies have caused this instrument to be signed and sealed this 6th day of April , 2017 p10NAt'••.� •Q\N� Cpit•. to ik OR do's, p0 PpuA9•• MERCHANTS BONDING COMPANY (MUTUAL) °y O �Oj.•. Q�; "O .4 y • MERCHANTS NATIONAL BONDING, INC. O C7t02 :c°1 •Z -0- c0 • i : 3� 'vo.t2003 o : y' � 1933 • o: By ••'' 7'''°• •• President STATE OF IOWA COUNTY OF DALLAS ss. On this thls 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the sald instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PRtALS ALICIA K. GRAM o ' v Commission Number 767430 z': My Commission Expires /owP April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., 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 still in full force and effect and has not been amended or revoked. / r� In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of �,J w1'Le- , r�U77 kc: /.y:GOP art. 7• _ - ©. A1.yc • !•r/� amt// '!-s�/.�P,6s,!/� y�J . S: 2003 `0 y 1833 /.7.: :fr.'.ii ' 4 � / W's. ... •.\,dao.• in POA 0018 (3/17) " Secretary