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HomeMy WebLinkAboutOpening of Bids - Hibberd Building Site Demo and Plaza Improvements Project No. 117-063 - Ziolkowski Construction, Inc.REVISION 2 BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member James A. Mueller, Member Suzanna M. Fritzberg, Member Therese J. Dorau, Member Attest; Linda M. Martin, Clerk Version 10/17/2016 Contractor's Bid for Public Works - 3 REVISION 2 PART II (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. *Please see attached` 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.) As directed by the Architect/Construction Manager 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. If Subcontractors will be used we will submit this information 24 hours after notification. 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. If Subcontractors will be used we will submit this information 24 hours after notification. 4. Attach a listing of equipment you have available to use for the proposed project. Whatever is required to complete the project pra erly and on time. 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. Yes 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 10117/2016 Contractor's Bid for Public Works - 4 REVISION 2 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: Sf 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 norto 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. 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. As provided by Ind. Code § 5-22-16.5-5, 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 Version 10/17/2016 Contractor's Bid for Public Works - 5 REVISION 2 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 underthis 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, Version 10/1712016 Contractors Bid for Public Works - 6 "Vr 1,444" q_', - �4 i u` m 11"Opit IV) I « 1 ■ Ne At REVISION 2 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM 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 MBEMBE 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: 117-063 Date: 9-26-17 Hibberd Building Site Demolition and Plaza Improvements Ziolkowski Construction Inc. Gary Paston Telephone: 574-287-1811 4050 Ralph Jones Drive South Bend state: Indiana gpaston@zbuild.com zip: 46628 To determine whether a bidder has demonstrated good faith efforts to reach the MBENVBE 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 MBEIWBE 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:llwww.in.gov/idoa). ACTION (ADVERTISE/CONTACT). In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBEIWBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBEIWBEs reasonable time to respond. 3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated to inform MBE/WBEs 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. See GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs, spaper including providing such MBE/WBE's with adequate information about the plans, specifications and other Ad requirements of the subcontract and did not reject MBEIWBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by MBE/WBEs in order to increase the likelihood of meeting the MBEIWBE goals (including breaking down contracts into smaller units to facilitate MBEIWBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBEiWBE that has bid on the subcontracting opportunity: 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 MBI IVVBE 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 10/17/2016 Contractor's Bid for Public Works - 12 I HIS FLOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This. Power of Attorney limits the acts of those named herein, and they have no authority to bind.the Company except in the manner and to the extent herein stated. Certificate No. 7862439. Liberty Mutual Insurance Company: The Ohio Casualty Insurance Company West American Insurance: Company. POWER OF ATTORNEY KNOWN ALL PERSONS. BY THESE.PRESENTS: Thai The .Ohio Casualty Insurance Company is a corporation duly organized. under the. laws or the Slate. of:New Hampshire, that Liberty Mutual Insurance. Company is a corporation duly organized under the laws of the State of Massachusetts, and West American.InSlrrance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adrienne C. Stevenson Amy B.i Wickettm C. R. Hernandez;Gabriel Jac aez John K. Johnson; Katherine J. Foirekt` Trini Garcia all of the city of CHICAGO state of lL each. individually lf.lhere be more than one named; its true and lawful attorney -in fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any_ and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed .by an authorized officer or official of the Companies: and the corporate seals of the Companies have been affixed thereto this 14th day.of August 2017 W M P'PL11 Izvr9� aJ��gyt9����F �� rpvsJcfq��(c, The Ohio Casualty Insurance Company W n n liberty Mutual Insurance Company. 0 9914 n > 191� 1991 West merlcan Insurance Company David M. Care ,Assistant Secretary C STATE OF PENNSYLVANIA ss . td COUNTY OF MONTGOMERY - 0 W. On this 14th day of August 2017 before me personally appeared David M. Carey, who acknowledged himself to be. the Assistant Secretary of Liberty Mutual Insurance v H kf or Company, The Ohio Casualty. Company, and West American Insurance Company, and .that he, as such, being authorized so to do, execute the foregoing instrument for the. purposes ` 7.,w p the41 contained. by signing on behalf of the corporations by himself as a duly authorized officer >.. IN WITNESS WHEREOF, l have hereunto subscribed my naive and affixed my notarial sealat. of Prussia, Pennsylvania, on the day and year first above wiitten. CL gP AS COMMONWEALTH OF PENNSYLVANIA Q M -a �,tiotiwF1( Nolanal5eai _ !-� oo i .Toresa Pastrlla, Notary Publla By: IC d: or upper Mer€onTwp.; MontgomeryCounly Teresa Pastella, Notary PUNK y C C My Commission Exp1res March 28.2021 ?r tC L' NSYLV G A NARY 4��V� MamUar. Pc Associalmti of Nofanas (L W � This. Power of Attorney is made and executed pursuant to and by authority of..ihe following By-laws and Authorizations. of The Ohio.Casualty. Insurance Company, Liberty. Mutual v_> o ram, Insurance Company, and West American Insurance Company which restitutions are now in full force and effect reading a. s fellows: r Cn 4—�, to L ARTICLE IV —OFFICERS Section12. Power ofAltorney..Any officer or other official of the Corporation aulhorized:for that purpose. in writing by the Chairman or the President, ands. ubjec.t A c 0 to such limitation as the Chairman or President may. prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, OS acknowledge and deliver as surety any and all undertakings, bonds, recognizances and.othersurety.obligations. Such attorneys -in -fact, subject to the limitations set forth in their:respective: ai powers of attorney, shall have full power to bind the Corporation by 3heir signature and execution of any such instruments and to attach.thereto the Seal of the Corporation.. When so p : executed, such.instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or altomey-in-fact under > e the provisions.of this article may be revoked at any time by the Board, the Chairman, the. President or by the officer or officers granting such power or authority. et' M C ARTICLE XIII — Execution of Contracts - SECTION 5. Surety Bonds. and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,: 00 i and subject to.such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may belnecessary to act in behalf of the Company to make, execute, � � p seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations sot forth in. their +� Z .respective powers of attorney, shall have full power to bind the Company by their- signature and execution of any such instruments and to attach thereto the seal of the Company. When so. u 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O L? Certificate of Designation —The President of the Company acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant. Secretary to appoint such atiorneys-in e- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge grid deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. Authorization. -By unanimous consent of the Company's Board of Di€ectom, the Company constants. that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified, copy of any power of:aitorney issued by the Company in connection with surety bonds, shall be:valid and binding upon the Company with the. same force and effect as though. manually affixed.: I, Renee C. Llewellyn, the undersigned, Assistant Seore€ary, The Ohio. Casualty Insurance:' Company, Liberty :Mutual insurance Company, and Wos1 American Insurance Company do ftereby certify that the original power of attorney of4hich the foregoing is. a full, true and correct copy of the Power of Attorney executed by said -Companies, is in full force and effect and has not been revoked - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seais.of.said Companies this T 2 day of L- -r , 20] 2_ . �(Y llv S(SNqut, , �INSUh,f 0 79i4 n 1912 ° r MI By. Renee C. Llewrkr, Assistant Secretary 23 of 250 LMS .12813 o22017 ImiIi rl m 'i � Flu'' 2 v'T i'i -1 MN, " 10�vi Mt J� s SECT [ON 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 Completion Date Name and Address of Owner $16,473,549 General 01/2012. IUSB Cancer Research Center $12,274,292 General 01/2016 Lake Central High School $16,920,600 General 08/2011 Kankakee Valley New Middle School $7,663,700 General 02/2013 Mishawaka River Center Apartments 2. What public works projects are now in process of construction by your organization? Contract Armor nt Class of Work Expected Completion Date Name and Address of Owner $27,366,910 General 0512016 Purdue University North Central $21,355,975 General 0612015 Armed Forces Reserve Center $4,824,179 General 08/2015 Mishawaka Central Park $9,020,000 General 1012016 outh Bend Airport- New Arrivals Te al & 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_ University of Notre Dame, Tony Polotto, LEED, AP, 200 Facilities Bldg., Noire Dame, IN 46556 574-631-4200 City of Mishawaka, Ken Prince, 600 East Third Street, Mishawaka, IN 574-258-1625 Fetters Construction Inc., Steven. A. Petters, 5417 County Rd 427, Auburn, .Indiana 46706 260-927-8516 Memorial Hospital & Health System, Larry Lies, 615 N Michigan St., South Bend, IN 46601 574-647--1000 f�, SEF•G O e�xalFy i. iCY.^]I� of aN idea eu• Company ID Number: 466671 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Ziollkowski Construction, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E-Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E-Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts or to verify the entire workforce if the contractor so chooses. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E-Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by SSA as governed Page i of 13 1 E-Verify MOU for Employer I Revision Date 00/01/09 'LPmaj.dhs.gov1E-Verify E Veri Company I® Number: 486671 -� � �'`•s'irrn� Tor be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact EVerify at 883-464-4216. Employer Ziolkowski Construction, Inc. Bill Favors Name (Please Type or Print) Electronically Signed We 01/10/2012 Signature date Department of Homeland Security ® Verification Division SCIS Verification Division Name (Please Type or Print) Eiectroniically Signed �itle 10111012012 Signature Date Information Required for the E Verify Program Information relating to your Company: Company Name: Ziolkowski Construction, Inc. Company Facilif Address: 4060 Ralph Jones Dr. South Bend, IN 46628 Company Alternate Address: County or Parish: ST JOSEPH Employer Identification Number: 361445992 Page 42 of 13 1 E-Verity KhOU for Employer I Revision Date 09/01/09 xwdw.r1hs.gov/E-VerWV Company I® Number: 486671 North American Industry Classification Systems Code: 236 Administrator: Number of Employees: 100 to 499 Number of Sites Verified for: ga e you for MirI e than t site? f yes, please provide the number o1 sites verified for re �I .n each Sate: a )NDiANA 1 site($) -information relating to.the Program Administrator(s) for your Company on policy questions or operational problems: Name: James Keldsen Telephone Number: (574) 287 -1811 ext. 368 Fax Number; (574) 344 - 5533 E-mail Address: ,jkcidsen@zbuild.com Page 13 of 131 E-Verify NOU for Employer I Revision Data 09/01/00 'uslvnv.dhs.gov1E-Verfy y E Verify: Employer Wizard- Company information Company Information Company Name Ziolkowski Construction, Inc. i Company[DNumber 486671 Doing Business As (DBA) Name DUNS Number Physical Location Address 1 4050 Ralph Jones Dr. Address 2 City South Bend State IN Zip Code 46628 County STJOSEPH Mailing Address Address 1 Address 2 city state Zip coda i Additional Information Empioyer Identification Number 351445992 Total Number of Employees 100 to 499 Parent Organization j Administrator Organization Designation Employer Category None of these categories apply View I Edit NAICSCode 236 - CONSTRUCTION OF BUILDINGS lfiew 1 Edit Total Hiring Sites httpsJ/e-verify.uscis.gov/web/EmployerWizard.aspx MENU