HomeMy WebLinkAboutOpening of Bids - Monroe Parking Lot and Street Improvements Proj No 117-043- Walsh & Kelly, Inc.a
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PART 11
(For projects of $100,000 or more -- IC 36-1-12-4)
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. Attach information regarding projects your organization has completed for the period of one
(1) year prior to the date of the current bid.
2. Attach a listing of public works projects currently in process of construction by your
organization.
3. Attach information regarding any failure to complete any work awarded to you and the
location thereof.
4. Attach references from private firms for which you have performed work.
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Attach an explanation of your plan or layout for performing proposed work. (Examples could
include a narrative of when you could begin work, complete the project, number of workers,
etc. and any other information which you believe would enable the City of South Bend to
consider your bid.)
2. Attach a listing of 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.
3. If you intend to sublet any portion of the work, attach 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 City of South Bend in the event that
you subsequently determine that you will use a subcontractor on the proposed project.
4. Attach a listing of equipment you have available to use for the proposed project.
5. Have you entered into contracts or received offers for all materials which substantiate the
prices used in preparing your proposal? If not, attach an explanation for the rationale used
which would corroborate the prices listed.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said
financial statement as required by statute shall thereby be rendered invalid. The financial
statement provided hereunder to the City of South Bend awarding the contract must be specific
enough in detail so that said City of South Bend can make a proper determination of the bidder's
capability for completing the project if awarded.
Version 10/1712016 Contractor's Bid for Public Works - 3
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 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.
Version 10/17/2016 Contractor's Bid for Public Works - 4
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
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.
1, 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 1 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
Version 10/17/2016 Contractor's Sid for Public Works - 5
may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this 23rd day of May , 2017
of Contractor/Bidder or Its Agent
iilary, South Bend Area
Name and Title
Subscribed and sworn to before me this 23rd day of May , 2017
My Commission Expires 6/5/22
Notary Publi Iis a Krueger
County of Residence St. Joseph
"av'v&,•,,, ALISHA KRUEGER
P,. Notary Public, State of Indiana
Z;SEA! "' St, Joseph County +'
k; +� My Commission Expires
NP `
June 05, 2022
Version 10/17/2016 Contractor's Bid for Public Works - 6
26
LIGHT STANDARD —TYPE A OR B
25 HEIGHT
2
EACH
1,500.00
3,000.00
LIGHT STANDARD — TYPE C OR D —
27
18' HEIGHT
2
EACH
1,700,00
3,400,00
28
LIGHT POLE FOUNDATION
4
EACH
550.00
2,200.00
29
12 IN x 12 IN INGROUND ELECTRICAL
PULL BOX
1
EACH
500.00
500.00
30
COPPER WIRE
265
LFT
4.00
1,060.00
31
CONDUIT, PVC, SCH 80, 3/4 IN
265
LFT
2.00
53p.00
32
PARKING LOT SIGNS
2
EACH
425.00
850.00
33
SIGN POST, ROUND, 4 IN
18
LFT
60.00
1,080.00
34
SODDING, NURSERY AND TOPSOIL
345
SYS
25.00
8,625.00
35
ORNAMENTAL TREES, 2 IN
9
SYS
430.00
3,870.00
36
SHRUB, NO. 3 CONTAINER
49
EACH
58.00
2 842.00
37
HARDWOOD MULCH
14
CYS
88.00
1,232.00
38
IRRIGATION, LANDSCAPE
395
SYS
34.00
13430.00
39
LANDSCAPE EDGING
8
LFT
27 00
216.00
Bidder (Firm). Walsh & Kelly, Inc.
Address. 24358 SR 23
CitylStatelZlp: South Bend IN 46614 Telephone Number:
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Version 10/17/2016 Contractor's Bid for Public Works - 8
57
(Printed Name of Person Signing)
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Prepared by: Jones Petrie Rafinski
ADDENDUM NO. 1
To the Contract Document and Project Specifications for the
MONROE PARKING LOT AND STREET IMPROVEMENTS
117-043
CITY OF SOUTH BEND, INDIANA
Date: May 18, 2017
To: All holders of the contract document for the above project.
The items in this addendum are to become a part of the original documents as if included therein. Only
the noted items are affected and the remainder of the original contract document is to remain in its
entirety.
This Addendum modifies the Contract Documents as follows:
PART 1 --- CLARIFICATIONS
PART 2 — SPECIAL PROVISIONS
PART 3 — CONSTRUCTION DOCUMENTS
PART 1- CLARIFICATIONS
1.01 Attached is the sign -in sheet and meeting agenda from the Pre -bid meeting held on May 9, 2017,
1.02 There has been no MBE/WBE percentage goal requirement set for this project.
1.03 Contractor shall assure that pedestrian access is provided to the church and the Four Winds
Center Field gate at all times.
1.04 Contractor shall coordinate construction operations with the South Bend Cubs game day schedule
to avoid conflicts between construction activities and pedestrian and vehicular circulation
PART 2 —,SPECIAL PROVISIONS
2.01 Special Provisions, Section XXVII, Common Excavation, Item B, No. 8:
1. REPLACE paragraph with the following: Excavation of brick pavers shall be included
in the cost of Common Excavation. Full bricks removed from Monroe Street shall be
placed on palettes and delivered by the Contractor to the City of South Bend Solid Waste
yard.
2.02 Special Provision, Section XLVI, Concrete Sidewalk, Item B, No. S:
1. REVISE paragraph to read as follows: Concrete Sidewalk will be paid for at the contract
unit price for "Sidewalk, Concrete, —IN ...SYS" as indicated on the itemized proposal
sheet.
2.03 Special Provision, Section LIII, Liquid Thermoplastic Pavement Marking Paint:
1. DELETE Section in its entirety.
2. CLARIFICATION: Contractor shall utilized parking lot pavement marking paint to
match existing parking located to the south of project site and per City of South Bend
Standards.
2.04 Special Provision, Section LIV, Light Standards, Item B:
1. ADD the following:
a. Type C:
Monroe Parking Lot and Street Improvements (117-043) Addendum #1
May 18, 2017 page I
1. Hubble Lighting. Cat. CRI-A-P25-H4-F-Q-BL-L Head (ESL Spectrum
Ltg. (574) 255-2151) or approved equal.
2. Lamp: Single Head HID, Type IV Distribution.
3. finish to be: Black to match existing
4. Voltage: Quadtap
5. Pole shall be: SSS20134-4-13A Pole to match existing (square)
b. Type D:
1. Hubble Lighting. Cat. CR1-A-P25-H5-F-Q-BL-L Head (ESL Spectrum
Ltg. (574) 255-2151) or approved equal.
2. Lamp: Single Head HID, Type V Distribution.
3. Finish to be: Black to match existing
4. Voltage: Quadtap
5. Pole shall be: SSS20134-4-13A Pole to match existing (square)
2.04 Special Provisions, Bid/Proposal:
1, REPLACE Bid/Proposal sheets 7 & 8 with attached Bid/Proposal document.
PART 3 — CONSTRUCTION DOCUMENTS
3.01 Plan Sheet C 10 1 -Demolition Plan:
A. REVISE demolition operations area north of existing church for new pedestrian plaza
and landscaping per attached plan sheet.
3.02 Plan Sheet C20 I -Dimensional Plan:
A. REVISE dimensional layout area north of existing church for new pedestrian plaza and
landscaping per attached plan sheet.
3.03 Plan Sheet C301-Grading Plan:
A. REVISE grading plan area north of existing church for new pedestrian plaza and
landscaping per attached plan sheet
3.04 Plan Sheet C40I -Utility Plan:
A. REVISE utility plan area north of existing church for new pedestrian plaza and
landscaping per attached plan sheet
3.05 Plan Sheet C501-Erosion Control Plan & Details:
A. REVISE erosion control plan per attached plan sheet.
3.06 Plan Sheet C601-Site Landscape Plan & Details Plan:
A. REVISE landscaping and irrigation north of existing church for new pedestrian plaza
and landscaping per attached plan sheet.
3.07 Plan Sheet C701-Site Lighting Plan:
A. REVISE lighting layout north of existing church for new pedestrian plaza and
landscaping per attached plan sheet.
B. ADD 18' Light Pole Base, Detail 2/C701 per attached plan sheet.
3.08 Plan Sheet SD101-Site Construction Details:
A. ADD Detail 11/SDIOI-Combination Curb, Type A —Rolled Curb per attached plan
sheet.
A signed copy of this addendugYsh�tll be
Acknowledged by: �' r ���t tl .00 5/23/17
Signature of Bidder ®��� ••""�•.r� Date
D stlg/Hilarv, South Bend Area Ma %
Monroe Parking Lot and SttWt Improvements (117-043) O ® Addendum #1
May 18, 2017;a �T �Z Page 2
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CHUBB GROUP OF INSURANCE COMPANIES
Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615
C2HUIE3E3 Phone: (908) 903-3485 e Facsimile: (908) 903-3656
AIA DOCUMENT A31OTm - 2010
BID BOND
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR
(Name, legal status and address):
Walsh & Kelly, Inc.
24358 State Road 23
South Bend, IN 46614
OWNER
(Name, legal status and address):
City of South Bend, Board of Public Works
County -City Building, Room 1316
227 W. Jefferson Blvd.
South Bend, IN 46601
BOND AMOUNT:
SURETY (Name, legal status and princlpaf place of business):
Federal Insurance Company
15 Mountain View Road
In the amount of not less than five percent (5%) of the base bid plus any alternates.
PROJECT:
(Name, location or address, and Project number, if any)
Monroe Parking Lot and Street Improvements
Project No. 117-043
Warren, N.J. 07059
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 sold 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.
Printed In cooperation with the American Institute ofArchitects (AIA) by the Chubb Group of insurance Compantes. The language in this document
conforms to the language used in AIA Document A310 -- 2010.
Form 15-02.05WED (Ed. 7.10)
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 herefrorn 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. �� 4CE1
$1�� �®
Signed and sealed this 23rd day of May, 2017. =�Q ' �nRPORAT� :�C)
Walsh & K , I °; ►,E A
(Princip 0 0 tR.Se�7° ee�o•�
(Witness) Krueger By.
( 1tle) tin RilaU, South Bend Area Manager
(Witness) David r
(Federal Insurance Company)
(Attorney in -Fact) Terry R. Hurst
Printed in cooperation with the Ame►ican Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document
conforms to the language used in AIA Document A310 -- 2010.
Foam 1"2-0575-FED (Rev. 9-10)
POWER Federal Insurance Company Attn: surety Department
KIChubb OF Vigilant Ineurance Company15 Mountain View Road
�til��� ATTORNEY 1?aci�ic 2>:�demnity Company warren, NJ 07059
I�
Know All by Those Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC
INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint
Terry R. Hurst
as their true and lawful Attorney- In- Fact to execute under such designallon In their names and to affix (halt corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, the following Surety Bond:
Surety Bond Number laid Bond
Obligee
And the execution of such bond or obligation by such Attomay- in- Fact In the Company's name and on Its behalf as surety thereon or otherwise, under its corporate seal, in
pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested
these presents and affixed their corporate seats on this I St day of March 2013.
z'ft1 ltYYl. &aAbe
Dawn M. Chloros, Assistant: Secretary
..:...:
STATE OF NEW JERSEY
County of Somerset se
z -i
�_4_
Richard A. Ciullo, Vice President
On this 9St day of March 2013 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, tome known to be Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Posner of Attorney, and the
said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and
were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and
that she is acquainted with Richard A. Cfullo, and knows him to be Vice President of said Companies; and that the signature of Richard A. Ciutlo, subscribed to said Power of
Attorney is in the genuine handwriting of Richard A. Ciullo, and was thereto subscribed by authority of said By- Laws and in deponents presence.
Notarial Os�, '
Seal WENDIE WALSH
N OTMY'; 3
Notary Public, State of New Jersey
PtlBuc No. Od64604
Expires April 18, 2018
Notary
Public
CERTIFICATION
Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"Ali powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The
signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of allomey or to any
certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory In the nature thereof, and any such power of attorney or certificate gearing such facsimile signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is attached.'
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies")
do hereby certify that
(1) the foregoing extract of the By- Laws of the Companies is true and correct,
(ti) .,the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are
authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed in
American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
(III) the;foregoing Power of Attorney is two, correct and in full force and effect.
Glven under my ftaiid and seals of said Companies at Warren, NJ this 23rd day of may, 2017.
Dawn M. Chloros. Assistant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,
PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com
Form 15.10- 0154& SurePath (Rev, 03.13) CORP CONSENT
Part of State Form52414 (11212-13) Form 96 (Revised 2013)
Walsh & Keliv. Inc.
(Contractor)
24358 SR 23„ .,.,.,..
(Address)
South Bend, IN 46614
FOR
PUBLIC WORKS PROJECTS
OF:
S Monroe Parking _Lot _and ,treet Improvements,
Filed May 23, 2017
Action taken
State Form 52414 (R 19-10)
Prescribed by State Board of Accounts Form No. 96 Revised 2013
CONTRACTOR'S BID FOR PUBLIC WORK — FORM 96
PART 1
(To be completed for all bids. Please type or print)
Date (month, day, year): May 23, 2017
1. Governmental Unit (Owner): City of South Bend - Board of Public Works
2. County:
3. Bidder (Firm):
Address:
City/State:
4. Telephone Number:
5. Agent of Bidder (If applicable):
St. Joseph
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 Board of Public Works (Governmental Unit) in accordance with plans
and specifications prepared by Jones Petrie Rafmski dated 4/28/17 & 5/5/17 for the sum of $ 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)
I, 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. I.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.
2
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 ---- Board of Public Works
Bidder (Firm): Walsh & Kelly, Inc.
Date(month, day, year) �- Max 23, 2017
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, IN
$5,938,220
Resurface
October 2017
INDOT
$5,775,000
Reconstruction
November 2016
Town of Merrillville, IN
$3,102,502
Reconstruction
October 2016
INDOT
3. 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. l I l l E. Main St..,..Griffith IN Ms. Clara MuEphy
Gough, Inc. 2200 E. 88'h 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. Greg 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
Asphalt Pavers
Various
Good
Griffith, South Bend
4
Sli form Cone. 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
'/z and 4 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
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
4
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required
by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding
the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's
capability for completing the project if awarded.
SECTION IV CONTRACTOR'S NON -COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he 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.
He 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
SECTION V OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION
CONTAINED IN THE FOREGOING BID FOR PRBLIC WORKS ARE TRUE AND CORRECT.
Dated at South Bend this 23ra / ay of ...M...ay,,2017.
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�is� ••., e® (Title of Person Signing)
P o'
� 1111t OWLEDGEMENT
STATE OF Indiana
ss
COUNTY OF St. Joseph
Before me, a Notary Public, personally appeared the above -named Dustin Hilary and
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 23ra day of MLay, 2017.
tsha Krueger, Notary Pul6
My Commission Expires: June 5 2022
ALiSWA KRUEGEFI
County of Residence: St. Joseph
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General Form No. 96-a
Prescribed by the Slate Board of
Accounts of Indiana. Revised 1949,
Standard Questionnaires and
Financial Statement for Bidders
Prescribed by
THE STATE BOARD OF ACCOUNTS OF INDIANA
For use in investigating and determining the qualifications of bidders on public
construction when the aggregate cost of any such work or improvement will be Five Thousand
Dollars or more.
These statements to be submitted under oath by each bidder with and as a part of his bid, as provided
by Chapter 306, page 1248, Acts of 1947
Submitted to City of South Bend — Board of Public Works
By Walsh & Kelly, Inc.
Address 24358 SR 23, South Bend, IN 46614
Date submitted May 23", 2017
Filed
A.E. BOYCE CO., MUNCIE, IND.
fA Corporation
1
Sec. 2 of an Act entitled "AN ACT concerning the awarding of contracts for the performance of public work and
authorizing the board of accounts to prescribe certain forms to be used in ascertaining the responsibility of contractors who
submit bids for the performance of such work, providing for plans and specifications, providing for bids repealing certain laws
and declaring an emergency." (Approved March 13, 1947.)
Sec. 2. Whenever the aggregate costs of any work or improvement will be five thousand dollars ($5,000.00) or more, for
the purpose of enabling such board, commission, trustee, officer or agent to ascertain and determine which of the bidders
submitting bids for the performance of any such public work is, in the judgment of such board, commission, trustee, officer or
agent, the lowest and/or best bidder and to exercise intelligently the discretion hereby conferred on such board, commission,
trustee, officer or agent each bidder shall be required to submit under oath with and as a part of his bid a statement of his
experience, his proposed plan for performing such work and the equipment which he has available for the performance of such
work and a financial statement. The statements hereby required shall be submitted on forms which shall be prescribed by the state
board of accounts. The forms so prescribed shall he designated, respectively, as the experience questionnaire, the plan and
equipment questionnaire and the contractor's financial statement, and shall be based, so far as applicable, on the standard
questionnaires and financial statement for bidders as approved and recommended by the joint conference on construction
practices, for use in investigating the qualifications of bidders on public construction work, and the forms so prescribed are
hereby prescribed as the forms which shall hereafter be used by all such boards, commissions, trustees, officers and agents in
obtaining the information which is required in the administration of this act. if the information submitted by any bidder on the
forms herein prescribed is found, on examination, to be unsatisfactory, the bid submitted by such bidder shall not be considered.
(Burns Statutes 1933, Sec. 53-109) Sec. 2, Chapter 306, Acts of 1947,
TO THE BIDDER
The following forms of questionnaires and financial statement are prescribed by the State Board of
Accounts in conformity with the statute set out on the preceding page.
These forms, properly filled out and attested, must accompany each bid of five thousand dollars or
more on any public work.
The forms are designed to cover all contracts for all kinds of work and the bidder is required to
answer such questions as are pertinent to the work upon which he is bidding. The purpose of the
questionnaire and financial statement, as set forth in the law, is to enable the awarding body to determine
the qualifications of the bidder to carry out successfully the contract if the same is awarded to him.
The bidder will find it to his advantage to answer fully all questions coming within the range of the
work upon which he is bidding. Particular attention should be given the "Financial Statement' and the
details relative to the assets and liabilities set out. This form is made in extensive detail so that the bidder
may explain his assets and liabilities in proper sequence and in a uniform manner.
T. M. HINDMAN,
State Examiner
3
Submitted by Walsh & Kelly, Inc. € x A Corporation
Principal Office at 1700 East Main Street Griffith IN 46319
To City of South Bend Board of Public Works
EXPERIENCE QUESTIONNAIRE
The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers
to interrogatories hereinafter made.
1. How many years has your organization been in business as a general contractor under your present
business name? 60 Years
2. How many years experience in asphalt paving_ construction work has your organization had: (a)
As a general contractor 70 years (b) As a sub -contractor 70 Years
3. What projects has your organization completed?
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, IN
$ 4,461,632
Reconstruction
December 2015
INDOT
$ 3,571,923
Reconstruction
July 2015
INDOT
3-A. What projects has your organization now in process of construction?
CONTRACT AMT. CLASS OF WORK
WHEN TO BE COMPLETED
NAME AND ADDRESS OF OWNER
$ 5,080,808
Reconstruction
November 2017
City of South Bend, IN
$ 5,938,220
Resurface
October 2017
INDOT
$ 5,775,000
Reconstruction
November 2016
Town of Merrillville, IN
$ 3,102,502
Reconstruction
October 2016
INDOT
4. Have you ever failed to complete any work awarded to you? No If so, where and why?
5. Has any officer or partner of your organization ever been an officer or partner of some other
organization that failed to complete a construction contract? No If so, state name of individual,
other organization and reason therefore
6. Has any officer or partner of your organization ever failed to complete a construction contract
handled in his own name? No If so, state name of individual, name of owner and reason therefor
7. In what other lines of business are you financially interested? None
8. For what corporation or individuals have you performed work, and to whom do you refer?_
BP Amoco, Whitina. Indiana
Tonn & Blank Construction 1623 Greenwood Ave. Michigan City, IN 46360
Grimmer Construction Co., Inc. 2619 Main Street, Highland, IN 46322
University of Notre Dame South Bend Indiana
Gough, Inc., 1151 E. Summit, Crown Point, IN 46307
9. For what cities have you performed work and to whom do you refer?
Town of Griffith
Director of Public Works
Griffith IN
Town of Schererville
Town Manager
Schererville, IN
Cit of Hammond
City Engineer
Hammond IN
City of South Bend
City Engineer
South Bend, IN
Town of St. John
Town Manager
St. John, IN
10. For what counties have you performed work and to whom do you refer?
Lake .County
Highway
Superintendent
Crown Point, IN
Porter County
Highway
Superintendent
Valparaiso, IN
St. Joseph County
Highway
Superintendent
South Bend, IN
Elkhart County
Hi6way
Superintendent
Elkhart IN
11. For what State bureaus or departments have you performed work and to whom do you refer?
Indiana Department of Trans ortation MOT LaPorte District Laporte IN
Department of Natural Resources Indianapolis, IN
12. Have you ever performed any work for the U.S. Government Yes
If so, when and to whom do you refer?
U.S. Army Corps of Engineers Chicago, IL
Indiana National Guard De t. of Administration Indianapolis, IN
Federal Highway Administration Sterling, VA
13. What is the construction experience of the principal individual of your organization?
INDIVIDUAIJS NAME
PRESENT POSITION OR
OFFICE
YEARS OF
CONSTUCT
ION
EXPEREIN
CE
MAGNITUDE AND
TYPE OF WORK
IN WHAT CAPACITY
Kevin J. Kelly
President
32
All Types
General Manager
Jeffrey L. Swan
Executive Vice President
33
All Types
Supt. Engineering
David Misirly
Vice President
30
Bituminous Paving
Engineer
Greg Hoffman
Vice President
30
Bituminous Paving
Engineer
Lynn Bauer
South Bend O s Mgr
22
All types
Engineer
Dustin Hilary
South Bend Area Mgr
16
All types
Engineer
Mark Krachenfels
Engineer.
27
Bituminous Paving
Engineer
Douglas Kesler
Engineer
42
Bituminous Paving
Engineer
PLAN AND EQUIPMENT QUESTIONNAIRE
The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers
to interrogatories hereinafter made.
1. In what manner have you inspected this proposed work? Explain in detail.
Plans, Specifications, and Site Inspections
2. Explain your plan or layout for performing the proposed work
As directed b owner/en ineer
3. The work, if awarded to you, will have the personal supervision of whom?
Kevin J. Kelly, Jeffrey L. Swan, David Misirly, Greg Hoffman, Dustin Hilary, and Lynn Bauer
4. *Do you intend to do the hauling on the proposed work with your own forces? Yes
If so, give amount and type of equipment to be used As needed
5. *If you intend to sublet the hauling or perform it through an agent, state amount of sub -contract or
agent's contract, and if known, the name and address of sub -contractor or agent, amount and type of
his equipment and financial responsibility
Items 4,5,6 and 7 may not be applicable in all building contracts; if not, omit.
6
6. *Do you intend to do the grading on the proposed work with your own forces?
If so, give type of equipment to be used
7. *If you intend to sublet the grading or perform it through an agent, state amount of sub -contract or
agent's contract, and, if known, the name and address of sub -contractor or agent, amount and type of
his equipment and financial responsibility
8. Do you intend to sublet any other portions of the work? If so, state
amount of sub -contract, and, if known, the name and address of the sub -contractor, amount, and type
of this equipment and financial responsibility
9. From which sub -contractors or agents do you expect to require a bond? None
10. What equipment do you own that is available for the proposed work?
QUANTITY
ITEM
DESCRIPTION,
SIZE, CAPACITY,
ETC.
CONDITION
YEARS
OF
SERVICE
PRESENT LOCATION
5
Asphalt Plants
Various
Good
Griffith, South Bend,
Val araiso, Lowell, LaPorte
18
Asphalt Pavers
Various
Good
Griffith, South Bend
4
Slipform Cone. Paver
Various
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
%z 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
Tri-Axle Dump
Mack
Good
South Bend
7
11. What equipment do you intend to purchase for use on the proposed work, should the contract be
awarded to you?
QUANTITY
ITEM
DESCRIPTION, SIZE, CAPACITY, ETC,
APPROXIMATE
COST
None
12. How and when will you pay for the equipment to be purchased? NIA
13. Do you propose to rent any equipment for this work?No If so, state type, quantity and reasons for
rentin
14. Have you made contracts or received firm offers for all materials within prices used in preparing your
proposal?
Do not give names of dealers or manufacturers
Dated at South Bend this 23`d day of Ma 017
i
e`°� K••��: �Imi Wals & iellv,
��' ••• °��' �% Name Or, anizati n
..•°•�O�pORAre
a By
b �+AL J
x
' . •° •• D stin HilaEy, Area P
0I�1V D 1,t\1 ®®� (T e of Person Signing)
STATE OF Indiana'fit t 101,
f SS.
COUNTY OF St. Joseph
Dustin Hila being duly sworn deposes and says that he is Area Manager of the
above Walsh & Kelly, Inc.
(Name of Organization)
and that the answers to the questions in the foregoing questionnaires and all statements therein contained
are true and correct.
Subscribed and sworn to before me this 23 d day pf May^2017 .
Alisha Kvte`ge?, Notary Public
My Commission expires June 5 2022 -
,,,uu�,,,,,,� AL{SHA KRUEGER
:'ti*...o ..B`'a Notary Public, State of Indiana
8 St. Joseph County
•' �= My Commission Explres
June 05,_N22
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://bsd,sos,in.gov/ValidateCertificate
- -1 ---n , - , '.
MINUTES OF THE ANNUAL MEETING OF THE BOARD OF DIRECTORS OF WALSH &
KELLY, INC., HELD Wednesday, JUKE 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 Fehsenfeld,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.
`ootI11111tior
�%S KE Lt Y
�0%?ORAr�C�_�
µ
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Kevin J. Kelly, President
Atte
7
J. M' Gael Schaum, Secretary `,�� . SCE LC y; '>��o
i V
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