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HomeMy WebLinkAboutAward Bid - JMS Facade Work Proj No 116-048R - HGR Group, Inc.7 - t ■7 �-;r When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF'tcary�� ) SS: 6A ew 4 COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's Version 7/28/2016 Contractor's Bid for Public Works - 4 documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. Version 7/28/2016 Contractor's Bid for Public Works - 5 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY r_ DEVELOPMENT PROGRAM" FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS {aas This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBEIWBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: 116-048R Date: Project Name: JMS Fargade Work Bidder: e.-)e 6r-d;.�Ia __Zr1G. Contact Person: d&" nV ,?_ Telephone: s 7 - g' - -117 Address: J q 3-z City:. Rei state: zip: Z/b G 17 Email: A 262) hi r J r t'br11 .�� To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below': EVIDENCE OF GOOD FAITH EFFORTS BEIWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women Owned Business as found on their website (http://www.in.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBE/WBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBE/WBEs reasonable time to respond. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBEIWBEs of subcontracting opportunities and allowed sufficient time for v them to participate effectively. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBE/WBE firms. **Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBEIWBEs, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBEIWBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBE/WBEs in order to increase the likelihood of meeting the MBEIWBE goals (including breaking down contracts into smaller units to facilitate MBEIWBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBEIWBE that has bid on the subcontracting opportunity: 9. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBEIWBE was unqualified to perform the job. *Proper demonstration of Good Faith Effort requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 7/28/2016 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND 3tlAsnuTNR\nor MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBEIWBE CONTACTED This completed form should be supplied with Bids that pertairi to City of South Bend Public Works Projects requiring contacted MBEIWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's awned business. PAGE �OF Project Number: 116-048R MBEIWBE Participation Goal Project Name: JMS Fagad+ Bidder: By: �G. 11 (Signature) (Title) (Date) MBEIWBE Firm f\, Ve v-5 c I I '' I - Owner or Contact at MBEMBE Firm e S5 �; t &.1, r 4- Telephone: :g 1 i - 0i S! - ty 7 W 7 Fax: Email: U s ,� c. y % ,- �= n '14 TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEIWBE FIRM: MBEIWBE Firm Owner or Contact at MBEMBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEIWBE FIRM: Version 7/28/2016 Contractor's Bid for Public Works - 10 0 r I .q ra MERCHANTS BONDING COMPANY,. MERCHANTs NATIONAL BONDING, INC. P.O. BOX 14498, DES MOINES, IOWA 50306-3498 Bid Bond PHONE: (800) 678-8171 FAX: (515) 243-3854 Bond Number: CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal stales and principal place H.G.R. Group, Inc. of business) 1931 Churchill Drive Merchants National Bonding, Inc. South Bend, IN 46617 A Corporation 6700 Westown Parkway, West Des Moines, IA 50266 OWNER: (Name, legal status and address) City of South Bend, Indiana Board of Public Works This document has important legal 1316 County -City Building, 227 West Jefferson Blvd consequences. Consultation with South Bend,1N 46601 an attorney is encouraged with BOND AMOUNT: Five (5%) Percent of Accompanying Bid respect to its completion or modification. PROJECT: Any singular reference to (Name, location or address, and Project munber, if any) Contractor, Surety, Owner or ,IMS Facade Work Project No. I I6-048R other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 28th day of March, 2017 H�p, Inc 6(Principal) (Seal) (Jf"it ess) Harold Reinke President (Title) Merchants National Bonding, Inc. (Sw-ely r (Seal) (T hilness) ( rlle) . Kevin Hughes, Attorney-' -Fact CON 0657 (2/15) Printed in cooperation with Ameri nstitute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-2010 M.ERCHANTS� 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, Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes; Jada M Karst; Marie E Comparet; Melody S Hoerl; Thomas J VanDyck; Tom McGovern their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of, FORTY MILLION ($40,000,000.00) DOLLARS 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 adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "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 authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on 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 Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of August 2016 ,�„rr�rrrugryr,' ° • ° • ° ° MERCHANTS BONDING COMPANY (MUTUAL) �`•�`, *-c>Oriq� .°�O�t1�! CQA•• MERCHANTS NATIONAL BONDING, INC. ,�� •' ��p . O =: V. 2003 r'q` :�' 1933 : c; By STATE OF IOWA �+'+•ru„ ,,,,,,"" COUNTY OF Dallas ss. President On this 101h day of August , 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the 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 said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. &'P�I WENDY WOODY 0 Z >,, Commission Number 784654 My Commission Expires roWP June 20 2017 Notary Publr , County, Iowa (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of the 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. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 28th day of March. 2017 =., 2003 i ,�o�op�P�q •Aq'. d 1933 ° • y • c. Secretary POA 0014 (6115) mom .. y .aka ^r6lP +•1�-T.�t: r' - Our repeat cus mer understand this and continue to award us work on our promise to work diligently and communicate on a regular basis the progression of your project. , . : . . < r y 2« « > 6 7: r*t 2:IIIII ©n * +»> 7 2 «>ftl framing » Wood \ Framing Acoustical ceilings * Carpet * Vinyl Plank * Exterior Insulation Finishes Systems (EIFS) < pain a + * Architectural ceilings .. . .. a 2zZ±c2<KV±«:+eG+s Stamped and dyed concrete 6-»§§<■<*,f:+>fc>««;+z>+rje»2«,Lf1*r+c*«,<«:+<; V,-- w V-11 kwlq 17s iii rtm i w f7r- � to IF INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk Board of Public Works FROM: Corbitt Kerr, City Engineer SUBJECT: JMS Fagade Work Project No. 116-048 R DATE: March 30, 2017 On March 28, 2017, the Board of Public Works opened and read bids for the above project. The bidders ranked by Base Bid Amount as follows: Bidder Base Bid Plus Alternates 2 to 3 Amount 1. HGR Group $226,707" *There was a scrivener's error in the Bid Proposal Form. The unit price and total amounts for Alternate #2 did not match the subtotal under the table for Alternate #2. The bidder originally wrote $21,850.00 in all three spots, but later edited two of the spot and missed the third. It was the intention of the bidder that $22,850 be the proposed bid. The Division of Engineering has reviewed all of the quotes and recommends that the Board award the contract to the lowest responsive 1 responsible bidder, HGR Group Inc., in the amount of $226,707 for the Base Bid plus Alternates 2 and 3. Sufficient funds have been appropriated through RWDA TIF Fund No. 324-1050-460-3102. Please call with your questions. (5931) Enc: Bid Tab . ._ - _ - - __ - __.�,�._ �_ 11,IfII - - BID/PROPOSAL CITY OF SOUTH BEND Project Name JMS Fagade Work Project No. 116-048R For Bids Due March 28. 2017. Local Time. 9:30 am BASF RID Item No. Description Quantity Unit Unit Price Total Amount Demolition of existing storefront and installation of 1 new storefront material along the western andOP south facades of the JMS Building as well as 1 Lump Sum 1�G. �'7' 1 d 9(/ 7 ir% / d performing cleaning ! masonry repairs per J / / " drawings and specifications. J BASE BID TOTAL /_1N111ZI:4►I_11I€*-ail Item No Description Quantity Unit Unit Price Total Amount Demolition of existing storefront and installation of new storefront material along the western and south facades of the JMS Building with the Lump 1 exception of the northern most storefront on the 1 Sum western facade which will remain as is, as well as performing cleaning 1 masonry repairs per drawings pnd specifications x Ill or-t_7 4"t.i kieAo e-T rP&4",s ,ia lx� }`'{ ALTERNATE #1 TOTAL ALTERNATE ;02 Item No. Description Quantity Unit Unit Price Total Amount Demolition of existing storefront and installation of new storefront material along the western and south facades of the JMS Building with the i 1 exception of the northern most storefront on the 1 Lump f a v v Sd western facade which will receive Nana Wall and Sum new storefront material in the northern facade, as well as performing cleaning / masonry repairs per drawings ands ecifca ions. `f JVOTeTGIlj !a fLIX '- I b L5rtle ALTERNATE #2 TOTAL ALTERNATE #3 Item No. Description Quantity Unit Unit Price Total Amount 1 Cleaning and polishing of the existing granite West South 1 Lump �t�° ry l� along the and Elevations. Sum>` � Ik N�-`e �"Gr ! I S /� "(It J o 15" L'? ALTERNATE #3 TOTAL Bidder (Firm): /` r0c) Address: . f c.� (/7 vPC /�~�! �rF ✓ City/State/Zip: SD, 1-3.?ia Telephone Number 5'7f .28'& ._ 1?2-q 7 By (Sig�nature) ] (Printed Name of Person Signing) Version 7/28/2016 Contractor's Bid for Public Works - 7 0 yir N