HomeMy WebLinkAboutOpening of Quotations - Bowen Street Drainage Improvements Project No. 116-082A - Walsh & Kelly, Inc.� \ � /�.���\\ :
Z T I r
aIIIIIIN17-MITi
07M
I
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 AFFIDAVIT, NON -DEBARMENT AFFIDAVIT,
EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION
COMMITMENT FOR CONTRACTORS 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 hislherlits oath, affirms under the
penalties of perjury that:
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:
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;
Version 7/28/2016 Contractor's Bid for Public Works - 15
and (ii) at the time the financial institution extends credit, is a person
identified on list published by the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently
learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and
verify the work eligibility status of all of Contractor's newly hired employees through
the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's 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 WBEIMBE. A finding of a discriminatory practice by the
City's MBEIWBE 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.
Version 7/28/2016 Contractor's Bid for Public Works -16
'M'
I,t10 , no 7 k I
ra
r .
"T U11,17FIrl"EM
41
T Zin
. . . . . . . . . . .
M �lmm
N
7717r"T, =777
�m� -;�Ti�-�777277MUM 7,737
MMITT m-kry-
ffl� T�-Lrl- I'm, I TIT 71T
r a
ei
Sao
1
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects
requiring contacted MBEIWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify
whether any listed minority or woman business meets the qualifications of a Minority or Women's owned
business.
PAGE 1 OF 1
Project Number: 116-082A MBEIWBE Participation Goal 7.1%
Project Name: Bowen Street Drainage Improvements
Bidder: Walsh & Kelly, Inc.
By: South Bend Area Manager 8/22/17
(Signature) (Title) (Date)
MBEIWBE Firm State Barricading, Inc.
Owner or Contact at MBEIWBE Firm Michelle Wolf
Telephone: 574-485-8711 Fax: 574-287-1744 Email: mwolfll@outlook.com
TYPE OF WORK SOLICITED FOR THIS PROJECT:
Traffic Control
RESULTS OF CONTACT WITH THE MBEIWBE FIRM:
MBE/WBE Firm
Owner or Contact at MBEIWBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBEIWBE FIRM:
Version 7/28/2016 Contractor's Bid for Public Works - 23
Part of State Form52414 (R212-13) Form 96 (Revised 2013)
BID OF
Walsh & Kelly, Inc.
(Contractor)
24358 SR 23
(Address)
South Bend, IN 46614 ^
FOR
PUBLIC WORKS PROJECTS
OF
City of South Bend, Board of Public Works
Bowen Street Drainage Improvements
Project No. 116-082A
Filed _ August 22"d, 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): August 22 2017
I. Governmental Unit (Owner): City of South Bend, Board of Public Works
2, County: St. Joseph
3. Bidder (Firm):
Address:
City/State:
4. Telephone Number:
5. Agent of Bidder (If applicable):
Walsh & Kelly, Inc.
24358 SR 23
South Bend, IN 46614
574-288-4811
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of City of South Bend — Board of Public Works (Governmental Unit) in accordance with plans and
specifications prepared by McCormick Engineering, LLC dated August 14, 2017 for the sum of
See Attached $ See Attached
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of
the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any
addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that
shown in the original contract if accepted by the Governmental Unit. If the bid is to be awarded on a unit basis, the
itemization of the units shall be shown on a separate attachment.
The Contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or
applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or
indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant
may be regarded as a material breach of the contract.
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS
(If applicable)
1, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation
to use steel products made in the United States. I.C. 5-16-8-2. 1 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
Contracting Authority Members:
subject to the following conditions:
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): August 22, 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
Cit 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. 11 I l F. 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 It 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 Conc. Paver
Comm II
Good
Griffith, South Bend
3
Road Widener
Various
Good
Griffith, South Bend
5
Motor Graders
CAT/J.D.
Good
Griffith, South Bend
48
Rollers
Various
Good
Griffith, South. Bend
31
Rubber Tire Loaders
Various
Good
Griffith, South Bend
15
Excavators
Various
Good
Griffith, South Bend
8
Bulldozers
Various
Good
Griffith, South Bend
6
LowBoy Tractors
Various
Good
Griffith, South Bend
7
Flatbed Dumps
Various
Good
Griffith, South Bend
39
'/2 and Y4 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
-21
g
ON f.—IT Mod T F A'
Ua M 1=
W
MY, �- "I'M 4 =1 � -1 M.,
" 'I, -
�1-71J'��'ftt:mzul =MLI-1111? �7-M
z 1 —1-7 4 = �MFMMM =TTEDEM! =1;117
01, 7=1 -"W�I TE M.
ta
IE ESM-M.- Or IT-1-14011-wo"I li�4!1-11'1-A "---
0AIW
IZZLICIAW "-Mo M,7111�1,11.L-A� R-AW Ll-i=
�73SWMIIIM mom"IeMa"RUIAE 71 =I-ff-Mm L-1-04- 1111, 1
f7al W— i M- a-MMU 0 M MU UO
LIZ-
- MW
few,201 �4-?
1� MS-711, MMMIITI�T�tmj-lp AmRkNl� "Or =AOTIZAMU1,112 A m
General Form No. 96-a
Prescribed by (fie 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 City of South Bend — Board of Public Works
By Walsh &
Address 24358 SR 23, South Bend, IN 46614
Date submitted Au st 22 2017
Filed
A.E. BOYCE CO., MUNCIE, IND.
tA 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 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
Submitted by Walsh & Kelly, Inc. { x A Corporation
Principal Office at 1700 East Main Street Griffith IN 46319
To Citv 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 of 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
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
For what corporation or individuals have you performed work, and to whom do you refer?_
BP Amoco, Whiting, Indiana
Tonn & Blank Construction 1623 Greenwood Ave. Michigan City, IN 4636
0
Grimmer Construction Co. Inc. 2619 Main Street Hi hland 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 whore do you refer?
Town of Griffith
Director of Public Works
Griffith,.IN
Town of Schererville
Town Manager
Schererville IN
City of Hammond
City Engineer
Hammond, IN
.._..........................._--
Cit 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 Counjy
Highway
Superintendent
Crown Point IN
Porter Qpynty
Highway
Superintendent
Valparaiso, IN
St. Joseph County
Hi6way..
Superintendent
South Bend IN
Elkhart County
Highway
Superintendent
Elkhart, IN
11. For what State bureaus or departments have you performed work and to whom do you refer?
Indiana Department of Transportation INDOT 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 CoKps of Engineers Chicago, IL
Indiana National Guard, Dept. of Administration Indianapolis, IN..
Federal Highway Administration Sterling, VA
13. What is the construction experience of the principal individual of your orizanization?
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. En meenng
David Misirly
Vice President
30
Bituminous Paving
Engineer
Greg Hoffman
Vice President
30
Bituminous Paving
Engineer
L 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
Dou las 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
The work, if awarded to you, will have the personal supervision of whom?
Kevin J. Kelly, Jeffrey L. Swan David Misirly, Greg Hoffman Dustin Hilaryand 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
'/2 and % 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
\ z \\��� w»\ �,
Mm , " 6,77 �771 7 \. I I
IECHUBB GROUP OF INSURANCE COMPANIES
Surely Department, 16 Mountain View Road, P.O. Box 1616, Warren, NJ 07061-1616
CDMUE3E3 Phone: (908) 903-3485 • Facsimile: (908) 903-3656
AIA DOCUMENT A310"m - 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. Jef€rerson Blvd.
South Bend, IN 46601
BOND AMOUNT:
In the amount of five percent (5%) of the total quote.
PROJECT:
(Name, location or address, and Project number, if any)
Bowen Street Drainage Improvements
Project No. 116-082A
SURETY (Name, legal status and principal place of business):
Federal Insurance Company
15 Mountain View Road
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 said bid and such larger amount for which the
Owner may in good faith contract with another party to perform the worst 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 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.
Fdm I&02-W&FED (Ed. 7-10)
W
Y
Chubb
POWER
or
Federal_ lnsiul arxoe= Company
Vigilant insurance Company
kttri: Surety ll�,-partrnent
15 Motntain View Road
�����,�
ATTORNEY
Pacific Indemnity Company
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indana 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 two and lawful Attorney- In- Feet 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 Whereat, 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 I st day of March 2013.
Dann M. Chloros, Assistant Secretary
STATE OF NEW JERSEY
County of Somerset ss.
Ilef, �4-
Richard A. Ciullo, Vice President
On this I St day of Match 2013 before me, a Notary Public of Now 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 duty swom, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE
COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seats thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and
ware 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. Clullo, and knows him.to be Vice President of said Companies; and that the signature of Richard A. Clulto, subscribed to said Power of
Attorney is in the genuine handwriting of Richard A. Ciullo, and was thereto subscribed by authority of said Sy- Laws and In deponent's presence.
,4
Notarial o!„ k
WENDIE WALSH
seal �:' „4T„a, Notary Public, State of New Jersey
Pure No. 0OW04
y' Expires April 18, 2018
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 PresldenL 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 Secretarles 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 seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it Is attached.'
t, 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,
(1€), the Companies are duly licensed and authorized to transact surety business In all 5D of the United States of America and the Districtof 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
(iij), i 6 ogegoin0 Power of Attorney is true, correct and in full force and effect
r. iplven under my hand and Beets of sold Companies at Warren, NJ this day of
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 1908t 903- 3656 e-mail* soretyechubb.com
Fern 15-10- 0154B- SurePath ( Rev. 03-13) CORP CONSENT