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Opening of Bids - Downtown Mill and Asphalt Overlay - Project No 117-052 - Walsh & Kelly, Inc.
_ - L11111014 a f s -�., [d s" is _::i � -R��_ _ — .q — �. -i rig �_- is As 0111i 11 VIEW BID/PROPOSAL CITY OF SOUTH BEND Project Name Downtown Mill and Asphalt Overlay Project No. 117-052 For Bids Due July 11, 2017 at 9:30 am Local Time BASE BID Item o Description Quantity Unit Unit Price Amount t 1 Maintenance of Traffic 1 LS 36,000.00 36,000.00 2 Milling, Varies 1.5 to 2.5 inches 29,434 Sy 3.00 88,302.00 3 HMA Surface, 9.5 mm -Type B 2,429 TONS 80.00 194,320.00 4 HMA Wedge and Cover -Type B 100 TONS 91.p0 9,100.00 5 Tack Coat 23 TONS 25.00 575.00 6 Adjust Manhole to Grade 16 EA 1,300.00 20 800,00 7 Adjust Water Line Structure to Grade 5 EA 50.00 250.00 8 Traffic Detector Loop Replacement 6 EA 550,00 3,300,00 9 Signal Cable, 2C 16 GA. Shielded 50 LF 1.80 90.00 10 2-INCH Conduit 20 LF 10.00 200.00 11 ,rr.,a;^ a 89P DeteGt^F Re..lae Traffic Detector Housing 2 EA 980.00 1,960.00 12 Wireless Vehicle Detection System 21 EA 400.00 8,400.00 13 Pavement Message Markings, Thermoplastic, White, Turn Arrow 22 EA 90.00 1,980.00 14 Pavement Message Marking, Thermoplastic, White, "Only" 10 EA 100.00 1,000.00 15 Pavement Message Marking, Thermoplastic, White, Bicycle and Arrow 9 EA 400.00 3,600,00 16 Pavement Message Marking, Thermoplastic, White, Sharrow 9 EA 400,00 3 600.00 17 Line, Thermoplastic, Broken, White, 8 inches 20 LF 5.00 100.00 18 Line, Thermoplastic, Stop Line, Solid, White, 24 inches 266 LF 6.00 1,596.00 19 Line, Thermoplastic, Parallel Parking Spaces, Solid, White, 4 inches 73 LF 5.00 365.00 20 Line, Thermoplastic, Solid, White, 4 inches 3,631 LF .60 2,178.60 21 Line, Thermoplastic, Chevron, Solid, White, 4 inches 964 LF 2.00 1,928.00 22 Line, Thermoplastic, Solid, White, 8 inches 1,659 LF 1.50 2.488.50 23 Line, Thermoplastic, Solid, White, 6 inches 523 LF 2.00 1,046.00 24 Line, Thermoplastic, Solid, Yellow, 4 inches 4,869 LF .60 2,92140 25 Line, Thermoplastic, Solid, Yellow, 8 inches 801 LF 1.50 1,201.50 Bidder (Firm): Walsh & Kelly, Inc. Version 3/2012017 Contractor's Bid for Public Works - 7 Addendum No. 1 tem 'N� Description Quantity Unit Unit Price Total Amount 26 Line, Thermoplastic, Solid, Yellow, 12 inches 118 LF 3.00 354.00 27 Line, Thermoplastic, Broken, Yellow, 4 inches 148 LF 60 gg g0 28 Line, Thermoplastic, Broken, White, 4 inches 529 LF .60 317.40 29 Transverse Marking, Thermoplastic, Crosswalk, White, 24 inches 830 LF 7.50 6.225.00 30 Transverse Marking, Thermoplastic, Crosswalk, White, 6 inches 1,132 LF 2.00 2 264.00 31 Transverse Marking, Thermoplastic, Solid Green 42 SY 150.00 6,300.00 32 Pavement Grooving for 4-inch Thermoplastic Lines 10,141 LF 1.50 15 211.50 33 Pavement Message Marking, Multi -Component, White, Turn Arrow 4 EA 175.00 700.00 34 Pavement Message Marking, Multi -Component, White, $$Only" 1 EA 200.00 200.00 35 Pavement Message Marking, Multi -Component, White, Bicycle and Arrow 6 EA 400.00 2,400.00 36 Pavement Message Marking, Multi -Component, White, Sharrow 1 EA 400,00 400.00 37 Line, Multi -Component, Stop Line, White, 24 inches 32 LF 8.00 256.00 38 Line, Multi -Component, Solid, White, 4 inches 1,346 LF 1.50 2,019.00 39 Line, Multi -Component, Chevron, Solid, White, 4 inches 424 LF 2.00 848.00 40 Line, Multi -Component, Solid, White, 8 inches 986 LF 2.00 1,972.00 41 Line, Multi -Component, Solid, White, 6 inches 752 LF 3.00 2,256.00 42 Line, Multi -Component, Solid Yellow, 4 inches 2,289 LF 1.50 3,433.50 43 Line, Multi -Component, Solid, Yellow, 8 inches 5 LF 2.00 10.00 44 Line, Multi -Component, Broken, Yellow, 4 inches 48 LF 1.50 72.00 45 Line, Multi -Component, Broken, White, 4 inches 253 LF M7, 46 Line Removal 6,134 LF 2.50 15 335.00 47 Pavement Message Marking Removal 12 EA 100.00 1,200.00 BID TOTAL: $449,543.70 Bidder (Firm): Walsh & Kelly, Inc. Address: 24358 SR 23 City/State/Zip: South Bend, IN 46�htlffhliOone Number: 574 288- $11 ORPORA o r (Signature) .ffig SE °.• AL..- - ' Dustin Hilary, South Bend Area Manager o (Printed Name of Person Signing) pf NNp,�e®� Version 3/20/2017 Contractor's Bid for Public Works - 8 Addendum No. 1 PART If (For projects of $100,000 or more e 1C 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 11 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 3/20/2017 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 petjury 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 1 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: 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 3/20/2017 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 ]earns 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 ofa 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 (LC. 5-16-8-1).1 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 1 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. 1 understand it is my sole obligation and responsibility to provide ajustification 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 3/20/2017 Contractor's Bid 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 11th day of July , 2017 ......•..• :• fORP Z= C7 Y s,00DIAN N0a�`�°. of Contractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this �11th _ day of _,___Jul , 20 1 My Commission Expires 6/5122 _ Notary Public Alisha Krueger County of Residence St. Joseph Version 3/2012017 Contractor's Bid for Public Works - 6 KRUEGER usuirrrr�ALISHA ?;� tie��: Notary Public, State of indiens = ;5E Al ; * w st, Joseph County * µy Commission Expiree022 1316 COUNTY -CITY BUILDING ru[` * PHONE 574/235-9251 227 W. JEFFERSON BOULEVARD It,cj!�-<:.` FAx 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 tc �� q: �' TDD 574/ 235-5567 CITY OF SOCITH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subject July 5, 2017 All Bidders Linda M. Martin, Clerk, Board of Public Works Addendum Number: 1 Project Name: Downtown Mill and Asphalt Overlay Project Number: 117-052 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 7/7117 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Note: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. �� � R/ ••ea Ana•a• / ���R° Company: Walsh & Ke! Inc. » Ci:` �RgpRAF . e e w Authorized Signature: , � Date: 7/11/17 'r® IN' D4NAP`, i11111111111 Version 4/07/2015 Special Provisions -1 �a0 tW)FA.V-1 UJ O C ME yyO Q O !Lr i E- LU M� C W 6 L O o O c m 10 d� a aw ul (n _> G CD E _N V y z a. O10) Lu Z cow0 r•a. 10 2: V) LU c>> o OZZa U)V5 �a O O tY1 IL Ixwmm !LI �>+, 0 O LL O Ci C lr-- W tLi 0 E V0ui m cc Z o m AR > .a .s 7 ul - � y 75 O 0 O. O N Dui d � a a E V C Li w � h- 0 T 41 ps .». N i4 C 1p O 0. L l6 O T C 6 0 a m O E Q E0 w m ro n w aw U n � N O 5 y r M a o LQ m d• w c o01 �a) n m :3 O 0 g E yr � Q �C o o W o 0 Q Q ai E m z o 12� �o L)v U� z�— m � cZ C Y N 06 In 9 = w T LU 0 rn � a E Q D ca Z E 0 Z O q Q � rn N OD L C) N i O LO d 0 0 LO ni N. _''k \\ 1v a c ca O U) m r- CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM77 ' FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS 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: Project Name: Bidder: Contact Person: Address: City: Email: 11T-052 Downtown Mill and Asphalt Overlay Walsh & Kelly, Inc. Date: 7111 /17 Dustin Hilary Telephone: 574-288-4811 24358 SR 23 South Bend State: dustinhCMwalshkelly.com Zip: 46614 To determine whether a bidder has demonstrated good faith efforts to reach the MBEIWBE 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 MBEfW3E 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 (ADVERTISEICONTACT). In order for your bid to be deemed responsive, the City of South Be requires that all perspective bidders complete no less than 2 of the following: 1. JAttend all pre -bid meetings scheduled by the City to inform MBE1WBEs of contracting and lam✓ subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBEANBEs 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 them to participate effectively. 4. 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 MBENVBEs, 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 MBENVBEs in order to increase the likelihood of meeting the MBE/WBE 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: 1. 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 MBE/WBE 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 3/20/2017 Contractor's Bid for Public Works - 10 IECHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 Ch1UE3E_3 Phone: (908) 903-3485 s facsimile: (908) 903-3656 AIA DOCUMENT A310TO - 2010 BID BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name, legal status and principal place of business): (Name, legal status and address). Federal Insurance Company Walsh & Kelly, Inc. 15 Mountain View Road 24358 State Road 23 Warren, N.J. 07059 South Bend, IN 46614 OWNER (Name, legal status and address): City of South Bend, Board of Public Works 1316 County -City Building, Room 1316 227 W. Jefferson Blvd. South Bend, IN 46601 BOND AMOUNT: In the amount of not less than five percent (5%) of the base bis plus any alternates PROJECT: (Name, location or address, and Project number, if any) Downtown Mill and Asphalt Overlay Project No. 117-052 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 subcontractors 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 Amedcen Institute of Architects (AIA) by the Chubb Group orinsurance Componles, The language in this document conforms to the language used In AIA Document A310Tm- 2010. Form 154U2-05?&FED (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 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 seated this 11th J)M-4tL�- - L-U-V (Witness) � oalsla Sege' (Witness) Dav' iger day of July, 2017. (Federal insurance Company) LLY,� a4r i� •'�. a ,P �� ski•--�•.d•' Printed in cooperation with the American 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 m- 2010. Fors 1"2.057SFED (Rev. 9.10) PO'vMR Federal, Insurance Company Attn: surety Department Chubb OF Vigilant Insurance: Company 15 Mountain View Road suref-y ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know Alt 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 designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, the following Surety Bond; Surety Bond Number Bid Bond Obligee And the execution of such bond or obligation by such Attorney- 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 seals on this 1Stday of March 2013. LiII . ���� Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Somerset SS. J/jA/nf//A1� Richard A. Ciullo, Vice President On this 'I St 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 Power of Attorney, and the said Dawn M. Chloros, being by me duly swum, 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 sold 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. Ciullo, and knows him to be Vice President of said Companies; and that the signature of Richard A. C€ulio, subscribed to said Power of Attorney Is in the genuine handwriting of R€chard A. Ciullo, and was thereto subscribed by authority of said By- taws and In deponent's presence. Notarial Seal s �'� WENDIE WALSH '"W Notary Public, State of New Jersey i No. 0064604 vuouc � Expires April 18, 2078 44z4,, Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: All 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 attorney 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 bearing 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 seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, the; Companies are duly licensed and authorized to transact surety business in all SD 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 Rloo 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 (Ill) the f6rey6168 Power of Attorney Is true, correct and in full force and effect. 1m jirrder My hand gmd�Saals of said Companies at Warren, NJ this 11th day of July, 2017 J fie . � �NDrAN* yI'�Y Yt%0.t' C. Dawn M. Chloros, Assistant Secretary N 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- 01548- SurePeth ( Rev. 03-13) CORP CONSENT Part of State Form52414 (R212-13) Form 96 (Revised 2013) Walsh & Kelly, Inc. (Contractor) 24358 SR 23 (Address) South Bend IN 46614 FOR PUBLIC WORKS PROJECTS OF The City of South Bend Indiana Board of Public Works Downtown Mill and Asphalt Overlay Project No. 117-052 Filed July 11th. 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): July 11, 2017 1. Governmental Unit (Owner): The City of South Bend, Indiana — Board of Public Works 2. County: 3. Bidder (Firm): Address: City/State: 4. Telephone Number: 5. Agent of Bidder (If applicable): St. Joseuh 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 The City of South Bend, Indiana — Dept. of Public Works (Governmental Unit) in accordance with plans and specifications prepared by The City of South Bend, Indiana — Dept. of Engineering dated June 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) 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-I6-8-2. 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: The City of South Bend, Indiana — Board of Public Works Bidder (Firm): Walsh & Kelly, Inc. Date(month, day, year): July 11, 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 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 Hw 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 L If so, where and why? 4. List references from private firms for which you have performed work. Gatlin Plumbing & Heating, Inc. 1111 E. Main St., Griffith, IN Ms. Clara Murphy Gough, 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. 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 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 I Ith y of July, 2017. I; 're Wal ell ®� / fr ••. s ame o - rganization) z_V 'O ' QORATFm.C' • C BZ// °�,.' �• a /L--Pustin Hilary, Area Manager 'o •••..._•••' �' (Title of Person Signing) 1ND11�N� )t��OWLEDGEMENT STATE OF Indiana ) ) ss COUNTY OF St. Joseph ) Before me, a Notary Public, personally appeared the above -named Dustin Hilar Viand swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 11'h day of Jul,,. 'Alisha Krueger, Notary Pu is My Commission Expires: June 5, 2022 A!_ I S H A K R tJ is G E hi '`�p5UlFripr�'i �0� Notary Public. state of Indians County of Residence: St. Joseph it SEAL, St. Joseph county *` my commission Expires '•'rnrnu,o June 05.2022 M f 14 -, Offev. Ti-I U5- �q; Mom g rms mrl =Ml i=l'WT=-AMf INS Z! LEE=, I - =172 k A:Z 11-M 3 Am, i mwm� _TM Ajjll�j 7".4� 1� Zl� 14 - MM MW 11=17q �-c llllll� "L US M i 1 �177 M-1 =77- 11111 � a-, =2 I MO 11i �i 21 1 =UREUMI-M-1 W-21-E �DK ME R. A OWN r= I - - =1 I'M �1�1 F 0- T W!"k L U I =---- -27 m 7.1 � �11 I �10 I I ril I"r.* 12 m i i RO L'Ll"lli ]=717TWIM �-11=177?1110=51111 ' "7 irl -141 M�Mlwm 'MM -7axx 51 =7 Z 1=4 MIMI mr- MET Z' .2737111EWW QZ4' r7;r ,,M'L, I Mlt��- - —1 20A�� &J�S'�f ���ii����11G 8.s� O.S�'.��.'r;5 YA�4FY �'�����91i�NSrd�+'�$s. General Dorm No. 96-a Prescribed by the State 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 The City of South Bend, Indiana — Board of Public Works By Walsh & Kelly, Inc. Address 24358 SR 23 South Bend IN 46614 Date submitted July I 1 ", 2017 Filed A.E. BOYCE CO., MUNCIE, 1N©. fA Corporation I 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 perfonmance 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 perfonmance 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 be 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 The City of South Bend Indiana —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 of experience in asphalt pavin- 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 CountyDept. $ 5,758,069 Resurface November 2015 .Hwy 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 $ 5,93 8,220 Resurface October 2017 INDOT $ 5,775,000 Reconstruction November 2016 Town of Merrillville, IN $ 3,102,502 Reconstruction I 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 whore do you refer?_ BP Amoco Whiting,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 T Hiahway Superintendent South Bend, IN Elkhart County Higghway Superintendent Elkhart, IN 11. For what State bureaus or departments have you performed work and to whom do you refer? Indiana Department of Transportation (INDOD 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 Dept. of Administration Indiana olis IN Federal Highway Administration Sterling, VA 13. What is the construction experience of the principal individual of your organization? INDIVIDUAUS 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 Ops 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 by owner/engineer 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, *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, Valparaiso, 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 %a 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 r 7 11. What equipment do you intend to purchase for use on the proposed work, should the contract be awarded to you? QUANTITY I ITEM I DESCRIPTION, SIZE, CAPACITY, ETC. I 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 renting 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 .&A0011imlig 11h�do ®�®® K E kCb F°®® •' ti• u• NL STATE OF Indiana f ss. COUNTY OF St, Joseph Dustin Hilary 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 1 It" day of Alisha Kruege4A8tary Public My Commission expires .tune 5, 2022 71�11111'y � ADSMA KRUEGER s Notary Public, State of India " St. Joseph county ��� My Commission Expires June 05, 2022