HomeMy WebLinkAboutQuote Opening - 2017 Cold Milling Proj No 117-051 - Walsh & Kelly, Inc- A
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When floe prospective Contractor is unable to certify to any of thestatements below, It shall attach an explanation to this AJjfidavit.
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 Indiana )
) SS:
St. Joseph COUNTY }
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. 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
Version 10/18/2016 Page - 7 Public Worsts Quote
Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3.
Contractor's 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 venturers 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 apublic 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
Version 10/18/2016 Page - 8 Public Works Quote
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Part of State Form62414 (R2 12-13) Farm 96 (Revised 2013)
it •
Walsh & Kelly, Inc.
(Contractor)
(Address)
South Bend IN 46614
FOR
PUBLIC WORKS PROJECTS
OF
City of South Bend
Department of Public Works
2017 Cold Milling
Pr__olect No. 117-051
Filed Aril 11 2017
Action taken
State Form 52414 (R 19-10)
Prescribed by State Board of Accounts Form No._96 (Revised 20131
CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96
PART 1
(To be completed for all bids. Please type or print)
Date (month, day, year): April 11, 2017
1. Governmental Unit (Owner): City of South Bend — Dept. of Public Works
2. County: St. Joseph
3. Bidder (Firm):
Address:
City/Stake:
4. Telephone Number:
5. Agent of Bidder (If applicable):
Walsh & Kelly, Inc.
24358 SR 23
South Bend, IN 46614
574-288-4811
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of City of South Bend, Dept. of Public Works, Division of Engineering — 2017 Cold Milling
(Governmental Unit) in accordance with plans and specifications prepared by City of South Bend, Dept. of Public Works
and dated 2017 for the sum of See Attached $ See Attached
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of
the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any
addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that
shown in the original contract if accepted by the Governmental Unit. If the bid is to be awarded on a unit basis, the
itemization of the units shall be shown on a separate attachment.
The Contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or
applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or
indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant
may be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation
to use steel products made in the United States. T.C. 5-16-8-2. I hereby certify I and all subcontractors employed by me
for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in
forfeiture of contractual payments.
ACCEPTANCE
The above bid is accepted this day of subject to the following conditions:
Contracting Authority Members:
PART II
(For projects of $150,000 or more —IC 36-1-12-4)
Governmental Unit: City of South Bend --- Dept. of Public Works
Bidder (Firm): Walsh & Kelly, Inc.
Date(month, day, year)
These statements to be submitted under oath by each bidder with and as part of his bid. Attach additional pages
for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. What public works projects has your organization completed for the period of one (1) year prior to the date of
the current bid?
Contract Amount
Class of Work
When Completed
Name and Address of Owner
$6,030,341
Resurface
December 2015
Lake County Hwy Dept.
$5,758,069
Resurface
November 2015
Town of St. John
$4,461,632
Reconstruction
December 2015
INDOT
$3,571,923
Reconstruction
July 2015
INDOT
2. What public works projects are now in process of construction by your organization?
Contract Amount
Class of Work
When to be Completed
Name and Address of Owner
$5,080,808
Reconstruction
November 2017
City of South Bend, M
$5,938,220
Resurface
October 2017
INDOT
$5,775,000
Reconstruction
November 2016
Town of Merrillville, IN
$3,102,502
Reconstruction
October 2016
INDOT
Have you ever failed to complete any work awarded to you? No If so, where and why?
4. List references from private firms for which you have performed work.
Gatlin Plumbing & Heating,Inc. I I I I E. Main St, Griffith IN Ms, Clara Mu h
Gou h Inc. 2200 E. 88' Dr. Merrillville IN 46410 Mr. Raymond Gough
Dyer Construction Co. 1716 Sheffield Avenue Dyer, IN Janet Furman
Grimmer Construction Co. Inc. 2619 Main Street Highland, IN Mr. Grem Grimmer
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could
begin work, completed the project, number of workers, etc. and any other information which you believe would
enable the governmental unit consider your bid.)
As required by owner
2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have
performed part of the work) that you have used on public works projects during the past five (5) years along with a
brief description of the work done by each subcontractor.
See Attached List
3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be
used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a
listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed
project, you are under a continuing obligation to immediately notify the governmental unit in the event that you
subsequently determine that you will use a subcontractor on the proposed project.
Will supply upon award of contract
4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors
may also be required to be listed by the governmental unit.
QUANTITY
ITEM
DESCRIPTION,
SIZE, CAPACITY,
ETC.
CONDITION
YEARS
OF
SERVICE
PRESENT LOCATION
5
Asphalt Plants
Various
Good
Griffith, South Bend,
Valparaiso, Lowell, LaPorte,
18
As halt Pavers
Various
Good
Griffith, South Bend
4
Sli form Conc. Paver
Comm II
Good
Griffith, South Bend
3
Road Widener
Various
Good
Griffith, South Bend
5
Motor Graders
CAT/J.D.
Good
Griffith, South Bend
48
Rollers
Various
Good
Griffith, South Bend
31
Rubber Tire Loaders
Various
Good
Griffith, South Bend
15
Excavators
Various
Good
Griffith, South Bend
8
Bulldozers
Various
Good
Griffith, South Bend
6
LowBoy Tractors
Various
Good
Griffith, South Bend
7
Flatbed Dumps
Various
Good
Griffith, South Bend
39
%2 and 3/ ton Pickups
Various
Good
Griffith, South Bend
59
1 Ton Crew Trucks
Various
Good
Griffith, South Bend
3
Cold Planers
Wirtgen 1900
DC
Good
Griffith, South Bend
3
1 Tri-Axle Dump
Mack
Good
South Bend
5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing
your proposal? Otherwise, please explain the rationale used which would corroborate the prices listed.
Yes, we received quotes from potential subcontractors and suppliers
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Walsh & GRIFFITH SOUTH BEND
1700 Fast Main Street 24358 State Road 23
Griffith, Indiana 46319 South Bend, Indiana 46614
'"` Phone (219) 924-5900 Phone (574) 288-4811
04 !
Fax (219) 924-8768 Fax (574) 289-7174
www.walshkelly.com
EQUAL EMPLOYMENT OPPORTUNITY POLICY
I. It is the policy of this Company to assure that the applicants are employed, and that employees are treated
during employment, without regard to their race, religion, sex, color, national origin, age, association with
the Vietnam era or any other war, disability, genetic information, citizenship status, military status, veteran
status, ancestry, or any other status protected under applicable law. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship,
and/or on the job training.
A. The Contractor will work with the State Highway Agency (SHA) and the Federal Government in carrying
out EEO obligations and in their review of his/her activities under the contract.
H. Vice President of Business Development; John C. Wall, shall be designated as Walsh & Kelly, Inc. Is
Equal Employment Officer. He will be responsible for all activities associated with the implementation of
all policies affecting equal employment opportunity.
III. Walsh & Kelly, Inc. assures nondiscriminatory recruitment by taking appropriate steps such as:
A. Placing employment advertisements in newspapers which serve the largest number of minority group
people in the recruiting area.
B. Recruiting through schools and vocational colleges having substantial proportions of minority
students.
C, Maintaining systematic contacts with minority and human relations organizations leaders referral of
qualified minority applicants.
D. Encourage present employees to refer minority applicants.
E. Make it known to all recruitment sources that qualified minority members are being sought whenever
there is hiring.
IV. This policy is intended to comply with the Civil Rights Act of 1964, as amended, the Federal Highway Act
of 1968, the Executive Order 11246 and 11375, the Rehabilitation Act of 1973, as amended, the Disabled
Veterans and Vietnam Era Veterans Readjustment Act of 1974, as amended, the Indiana Civil Right Act,
and other Federal and State Laws and Regulations pertaining to Equality of Opportunity and Affirmative
Action Policies.
V. Forms for filing any complaints are available in the office located at 1700 E. Main Street, Griffith, IN
46319. In addition, employees can call (219) 924-5900 to report any workplace concerns under this
policy.
WALSH & KELLY, INC.
e
John C. Wall,
Vice President of Business Development/EEO Officer
Revised: May 18, 2016
EQUAL OPPORTUNITY EMPLOYER
State of Indiana
Office of the Secretary of State
CERTIFICATE OF EXISTENCE
To Whom These Presents Come, Greeting:
I, CONNIE LAWSON, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of
the State of Indiana, the custodian of the corporate records and the proper official to execute this
certificate.
I further certify that records of this office disclose that
WALSH & KELLY INC
duly filed the requisite documents to commence business activities under the laws of the State of
Indiana on March 29, 1966, and was in existence or authorized to transact business in the State of
Indiana on March 06, 2017.
I further certifiy this Domestic For -Profit Corporation has filed its most recent report required by
Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of
withdrawal, dissolution, or expiration has been filed or taken place.
In Witness Whereof, I have caused to be affixed my
signature and the seal of the State of Indiana, at the City
of Indianapolis, March 06, 2017
CONNIE LAWSON
SECRETARY OF STATE
194484-057 / 2017243606
Verify this certificate:https:Hbsd.sos.in.gov/ValidateCertificate
i MA�I�
,
MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF WALSH &
KELLY, INC., HELD Wednesday, JUNE 1, 2016, AT 4:00 P.M.
A meeting of the Board of Directors of Walsh & Kelly, Inc. was held telephonically on June 1, 2016,
at 4:00 P.M., following prior telephonic notice to all Directors.
The meeting was attended by the following Directors: Kevin J. Kelly, James Fehsenfeld and
Thomas Bertsch. Directors absent with proxy provided included Fred Fehsen€eld,Jr., and John
Vercruysse. Kevin J. Kelly, President and Chief Executive Officer of Walsh & Kelly, Inc. acted as
Chairman of the meeting.
The meeting was called to order by Kevin J. Kelly. The purpose of the meeting was to elect officers
and appoint those persons with authority to enter into contracts on behalf of the corporation. It was
noted that John C. Wall has been appointed as Vice President and EEO Officer.
On a motion duly made and seconded, the following resolution was unanimously adopted:
"BE IT RESOLVED, that the following persons with full knowledge and the consent of the Board of
Directors, are to serve as Officers of the Corporation until the next annual meeting of the Board of
Directors in 2017, said date and time to be determined:
Kevin J. Kelly, President and Chief Executive Officer
Jeffrey L. Swan, Executive Vice President
John M. Peisker, Vice President of Asphalt Operations
David J. Misirly, Vice President
Gregory A. Hoffman, Vice President
John C. Wall, Vice President and EEO Officer
J. Michael Schaum, Secretary and Treasurer, CFO"
On a motion duly made and seconded, the following resolution was unanimously adopted:
`BE IT RESOLVED, that the following persons with full knowledge and the consent of the Board
of Directors, are authorized to act as agents, and to execute any and all documents on behalf of Walsh
& Kelly, Inc. related to business interests of Walsh & Kelly, Inc., particularly to execute contracts on
behalf of the corporation, namely:
Kevin J. Kelly, President and Chief Executive Officer
Jeffrey L. Swan, Executive Vice President
John M. Peisker, Vice President of Asphalt Operations
David J. Misirly, Vice President
Gregory A. Hoffman, Vice President
Dustin P. Hilary, South Bend Area Manager
Lynn J. Bauer, South Bend Operations Manager
John C. Wall, Vice President and EEO Officer
J. Michael Schaum, Secretary and Treasurer, CFO„
There being no further business to come before the meeting, on motion duly made, seconded and
unanimously adopted, the meeting was adjourned.
V.
CORPpR�r
Att
J. M' hael Sohaum, Secret r ANA ►►`�
IM 1140
Kevin J. Kelly, President
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