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HomeMy WebLinkAboutOpening of Bids - Lafayette Bldg Exterior Renovation - Project No 117-100R - Ziolkowski Construction IncProject Name Lafayette Building Exterior Renovation Project No. 117-10OR For Bids Due October 9, 2018 PART I (Must be completed for all bids. Please type or print) Date: October 9, 2018 Bidder (Firm): Ziolkowski Construction, Inc. Address: 4050 Ralph Jones Drive City/State/Zip: South Bend, IN 46628 Telephone Number: ( 574 ) 287-1811 Agent of Bidder (if Applicable): n/a Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Lafayette Building Exterior Renovation the City of South Bend, Indiana, in accordance with plans and specifications prepared by: KIL Architecture and Plann and dated Septernber2018 for the sum of (enter the Total Bid as shown on the Proposal) ($ (Enter sum of Total Base Bid plus Aiterdstep shoArroin Propqsa,!), (Numerical) 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 addendlums attached wi:ll 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 City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. By el" —!A 0 (Signature) Bill Favors, President (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: 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 0 Version 7/20/2018 Contractor's Bid for Public Works- 2 A 1-10 TiTrFrg M601 BID/PROPOSAL CITY OF SOUTH BEND t• October 9, 2018 (Name Here) Ziolkowski Construction, Inc. Item No. Description Quantity Unit Unit Price Total Amount 1 Removal and replacement of existing LS No Bid skylight at the upper level roof i 2 Allowance for skylight curb I LS $25,000.00 $25,000.00 reinforcement and repair DIVISION A BASE BID TOTAL Ni Bid r1l;•il I i i "I 1� J;J--� Item No. Description Quantity Unit Unit Price Total Amount Limestone and brick masonry rehabilitation on north, east, south and 1 west facades of building, includes crack LS 189,5211 189,521.00 repair, tuck -point, masonry replacement and rebuilding, soft control joint installation, and limestone patching 2 Configency allowance for Division B 1 LS $15,000.00 $15,000.100 masonry package iii "k , 1 .1 Item No. Description Quantity Unit Unit Price Total Amount 1 Masonry Cleaning of East Fagade and 5880 LS 2.35 $13,8 1 & 00 North and South Returns DIVISION B ALTERNATE #1 TOTAL $13,818.00 If 11" 11111111 ffr - "IT Description Unit Price Total Amount Masonry Cleaning of North, Wnt, and 190 -, ft-=� 2.75 South Facades DIVISION B ALTERNATE #2 TOTAL $41,489.25 Item No. Description Quantity I Unit Unit Price Total Amount Water Repellent on East Fagade and 5880 LS 1.25 $7,350.00 returns at North and South Walls DIVISION B ALTERNATE #3 TOTAL $7,350.00 Version 7/20/2018 Contractor's Bid for Public Works - 7 1; M01 mrarlomil BID/PROPOSAL CITY OF SOUTH BEND Lafayette Building Exterior Renovation October 9, 2018 (Name Here) Ziolkowski Construction, Inc. 5719WOG F--- "Tiff 51, �M- �F a Item No'. Description Quantity Unit Unit Price Total Amount Water Repellent on North, West and 15,087 LS 1.70 $25,647.90 South Facades r0TMMrGT.qr:TTT1FFff.q7.--Vr= Item No. Description Quantity Unit Unit Price Total Amount Restore painted "Lafayette Building" sign 1 on brick masonry at east end of 2 LS 9,140 $18,280 parapets on north and south walls, DIVISION B ALTERNATE#6 TOTAL $18,280.0O 0 •1 jy Item, No. Description DEDUCT/SF ADD/SF 1 Masonry Brick Tuck -pointing per SF 14.75 15.20 2 Masonry Limestone repointing per SF 5.08 5.50 3 Masonry Brick Re-bu i Idi ng/Re placement per SF 80.00 82.00 4 Brick and Limestone Cleaning (East Fa2ade and N/S Returns) per SF 2.20 2.35 5 Brick and Limestone Cleaning (West, South and North Fagade) per SF 2.60 2.75 6 Water Repellent on East Fagade per SF 1.15 1.25 7 Water Repellent on North, West and 1.55 1.70 South Facades per SF -R$T$M- MI'd "11 Ziolkowski Construction, Inc. Address: 4050 Ralph Jones Drive City/Statep: South Bend, IN 466 8 Telephone Number: ( 574 ) 287-1811 By -&ek-Ln (Signature) Bill Favors, President (Printed Name of Person Signing) Version 7/2012018 Contractor's Bid for Public Works - 8 When the prospective Contractor is unable to certify to any of the statentents below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: St Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. Version 7/20/2018 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 contact 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 contact 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 MBEIWBE; 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 contactor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded, I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable, Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. Version 7/20/2018 Contractor's Bid for Public Works - 5 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 9th day of 0ct0ber2018 GOA 0 0 00 0, C, comma= .0 0 «-A q 00 00 IN D I WA Subscribed and sworn to before me this 9th My Commission Expires March 1, 2020 County of Residence Ziolkowski Construction, Inc. Contractor/Bidder (Firm) Si nature of Contractor/Bidder or Its Agent Bill Favors, President Printed Name and Title day of October _, 20 1 8 Notary Public Shannon Reidenbach St Joseph SHANNON REIDENBACH Seal t u 9 S' ENotary Public- Seal State of Indiana 'r Mar 1 My commission Expires Mar 1. 2JO20) Version 7/20/2018 Contractor's Bid for Public Works - 0 Document At 1 OTM - 201 Conforms with The American Institute of Architects AIA Document 310 CONTRACTOR: (Narne, legal status and address) Ziolkowski Construction, Inc. 4050 Ralph Jones Drive South Bend, IN 46628 OWNER: (Nance„ legal status .and address) City of South Bend Board of Public Works 227'West Jefferson Boulevard South Bend, IN 46601 SURETY: (Nance, legal status and principal place of business) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 State of Inc: Massachusetts BOND AMOUNT: Five Percent of Amount Bid (5%) PROJECT: This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. (Name, location or address, and Project number, if any) Lafayette Building Skylight &Masonry Repairs, Division B: Exterior Brick and Limestone Masonry Rehabilitation, Project No. 117-100R, 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 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. 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 sball be construed as a statutory bond .and not as a common law bond. Signed and sealed this 9th day of October , 2018 2sk'A" �, �,..,, �4 to u (Witness) Shannon ReIU-e-nb-a-cTi ( Itness) John .Johnson Ziolkowski Construction, Inc. (Principal) _ (Seal) (Title)Bi1l Favors, president Libertv Mutual Insurance Company (Seal) ( itle) Adrienne C. Stevenson, Attorney -in -Fact State of IL County of DuPege ss: On October 09, 2018 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared. Adrienne C. Stevenson known to me to be Attorney -in -Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN Wl'INESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.. I'k+Iy Commission. Expires 6f8d2020 C. R. hlern Jez Notary Public C R HERNANDEZ Oftkiat Seal Notary Pubiia ut7tk3 rat lilic01S; My Corninission I�"Ypir ^�; ,drtn i9� 2020 p l 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, interest rate or residual value guarantees, To confirm the validity of this Power of Attorney call 610.832.8240 between 9:00 am and 4:30 pm EST on any business day. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under (he laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, u of the city of Chicago state of fllinois its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety band: Principal Name: Ziolkovvski Construe ion Inc. Obligee Name: __qjU of South Bend Board of Public Works Surety Bond Number: 001 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 27�1 day of February, 2017, INNSI),? Y C IN (/ �MSUg4 The Ohio Casualty Insurance Company era �� `�fF c LORPoq�t rF Liberty Mutual Insurance Company o ° QF Fo o Wes merican Insurance Company 1912 i 1919 1991 1,7 By. David V. Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 27th day of February. 2017. before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of , Liberty Mutual Insurance 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 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, an the day and year first above written, COMMONWEALTH OF PENNSYLVANIA t i+; Notarial Seal „ Teresa Pastella, Notary Public By: a Upper Mefion Twp., Montgomery County P/,, My Commission Expires March 28, 202t Teresa Pastelfa, Notary Public Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS -- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation 10 make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and afiested to by the Secretary. Any power or authority granted to any representative or attorney - in -fact under 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. ARTICLE }(III -- 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, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in (heir 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attorneys - in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and a1 undertakings, bonds, recognizances and other surety obligations, Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney 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 Secretary, of The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which 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 seals of said Companies this INSU.? I,( INSU `AiAMSuR gi. \�GOHPOq,�l'I'�m `�y \�LaRPOggfo'L�,� �Q� �Lp4lFOq,9rFCF. r t972 0 ° 1919 1991 0 9SSArwoS r= ti� NAnnvS`� Sth day of October 2018 By: Renee C. Llewellyn, Assislan(Secrelary 13116 COUNTY Cr ry Buiu)m 2227 W. JEFFERSON BCAH,FIVARD SIOU111 BEND, IN[MANIA4660 I.- 1 830 Date: To: From Subject Project Name: Project No.: III iow 57'4/ 235-9251 FAX 5741235-9171 'I DD 5'14J 235 6567 CITY OF SOUTH 1.3E,,ND fliz rr, B (rrnoa,"G, MA'S OI� BOARD OF PUBLIC'WORKS October 5, 2018 All Planholders Linda M. Martin, Clerk, Board of Public Works Addendum Number: I Lafayette Building Sly fight and Masonry Repairs 117-10OR .......... 1111,111 Date Received: 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 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Z �` e::) I kv t".3 -1E,) Authorized Signature: . Date: �Mq h IL 0 CHECKLIST FOR BIDDERS Project Name Lafayette Building Exterior Renovation ProjectNo., 117-10OR For Bids Due October 9, 2018 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of MBEIWBE Participation Goal Form [MWBE-1.0], If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0],anid MBEANBE Contacted X Form [MWBE-2,1], X Acknowledge Receipt of 1 Addendum(s) included with the bid. X All required additional information is included! with the bid, Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: Ziolkowski Construction, Inc. Date: October 920,.18_, . By Authorized Representative: Signature: Print Name & Title: Bill Favors, President Version 7/2012018 Contractor's Bid for Public Works - 1 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 hislherfits 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 Arch itect/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 continuingobligationto immediately notify the City of South Bend in the event that If Suucon ra� orsl wdil beuse�weywill submit.1hisbimormavonn24�iou►saer�n� cation. 4. Attach a listing of equipment you have available to use for the proposed project. Whatever is required to complete the project properly 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 7/20/2018 Contractor's Bid for Public Works - 3 I A IV U) uj cl w U E) CL w LU z �- U3 z M uj 0 M U) w (L �- 0 z Z U) UJ U- E 0 a. 0 w ui E > 0 Uji C) z 0 z 5 z 0 F- w 0 U. no ILI] M" Op c �g a) CL E o M 0 CL,�� w -E 0 c tM ol 2 0= > ca .r- 0 Cr f a) 0- 0 (D E CO M E0 0 0 0 0 a O'E U) W.— CL 41 > "a,2 CL 0 0 CL E .2 0 1- 0 0 4- co -0 0 0 01- 0 0 E 0 0.0 Um a) 0 4r a -XMn 3� 0 ".N 16 ca csa 0 0 OL E 0 0 EC) < W 0 Z� ca CL co C) 0 0 0 (D 30- CL UCL U) 0 0 En 0- 0 A_- CL w 0 co M ,9 z IL w M w ab o CL < 4— .6 0) U) E M z 0 CD T- 4 00 lq- CD N cr� 0 t lok a) .2 (n 2 0 ww '0 a) E U) M 0 E co z to CITY OF SOUTH BEND UTH'4F MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY y �. DEVELOPMENT PROGRAM ra FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS iss... 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: 117-10OR Project Name: Lafayette Building Exterior Renovation Bidder: Ziolkowski Construction. Inc. Contact Person: Brad Dennis Address: 4050 Ralph Jones Drive City: Email: South Bend state: Indiana bdennis@zbuild.com Date: October 9, 2018 Telephone: 574-287-1811 zip: 46628 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 MBEIWBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business X 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 (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 MBE/WBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBE/WBEs reasonable time to respond. 3. 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 andlor disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBEIWBE 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 MBE/WBEs, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBE/WBEs 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 MBEIWBE 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 7/20/2018 Contractor's Bid for Public Works - 10 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBENVBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bond 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. Project Number: Project Name; Bid'd, M MBE/WBE Firm 117-10OR PAGE OF IMBEANBE Participation Goal Lafayette Bu�ilding Exterior Renovation Owner or Contact at MBE/WBE Firm Telephone: Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: 01MIN RESULTS OF CONTACT WITH THE MBE/WBE FIRM: MBEfWBE 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 7/20/2018 Contractor's Bid for Public Works - 11 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Lafayette Building Exterior Renovation Project No. 117-100R For Bids Due October 9, 2018 Contractor Name: Ziolkowski Construction, Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on aii City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section 11 only. Section II acts as an application for pre -qualification. Submission of Section 11 will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City (`Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 3151 for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 7/20/2018 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractors)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shalt be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 7/20/2018 General Conditions - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: 0) X By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. See Attached (ii) X By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: 0) _.X_ Indiana Secretary of State's on-line records (i.e. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) X Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. (iii) X Evidence that I am utilizing a surety company which is on the United States Department of Treasury's Listing of Approved Sureties as required in the bid specifications or contract. (iv) X List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. Version 7/20/2018 General Conditions - 8 Il. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) ____ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (Iv) By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) Indiana Secretary of State's on-line records (i.e. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) _ List identifying all former business names. (iii) Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (Iv) Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) Evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or 1C 4-13-18-6. (viii) Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 7/20/2018 General Conditions - 9 (ix) Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: October 9, 20,18 dn Here) MMWM��= (Print Name Here) Ziolkowski Construction, Inc. (Name of Company) (Address of Company) South Bend (City) Indiana, 46628 (State) M&WYAMOU (Telephone Number) Version 7120/2018 General Conditions - 10 1316 Coum Y-Cjj,y BUILDIN(i 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE Bvi-nOtEG, MAY 130ARD OF PUBLIC WORKS I September 5, 2018 Mr. Bill Favors Ziolkowski Construction, Inc. 4050 Ralph Jones Drive South Bend, IN 46628 RE: Pre -Qualification Verification Dear Mr. Favors: Pj foNri 574/ 235-9251 FAX 574/ 235-9171 This letter serves as verification of Pre -Qualification status of your company for bidding with the City of South Bend. This Pre -Qualification status is effective for twelve (12) months from the date of this letter. Thereafter you are required to re -submit a complete application for continuation of pre -qualification status prior to December 31 for the upcoming calendar year. A copy of this Verification Letter must be included with every bid exceeding $150,000 submitted to the City of South Bend Board of Public Works, along with your Pre -Qualified Bidder Checklist and attachments. If you have any further questions regarding this matter, please call this office at (574) 235-9251 . Sincerely, Linda A Martin, Clerk GAR), A. GjLOT DAvID P. RELOS Ei,IZABL'm A. MARADIK JAWS A. MUELLER Ti iERESE, J. DORAIJ ZIOLKOWSKI INN", 11"', Construction, Nnc. General construction & Design/Build BtAilding StrMig ROW11011,011JU Since 1,974 October 9, 2018 City of South Bend Subject: Operations Letter Lafayette Building Skylight & Masonry Repairs Dear Sirs: Ziolkowski Construction, Inc. has been in business since 1974 and operated during that period of time under that name only. Ziolkowski Construction has not violated any federal, state or local laws, including violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA) laws, federal Davis -Bacon Act laws, within the past five years. Ziolkowski Construction, Inc. is proud to employ the industry's top skilled craftsmen. We have a core group of union craftsmen working on our projects and supplement that group with trained skilled workers from the local union halls. We currently have sufficient workers to perform the work that we are bidding for the above project. All individuals performing work for Ziolkowski Construction, Inc. will be property classified as employees under the federal Fair Labor Standards Act and in line with all Indiana State and local ordinances. Ziolkowski Construction, Inc, had no federal, state or local tax liens or tax delinquencies in any of the preceding three tax years. Respectfully, ZIOLKOWSKI CONSTRUCTION, INC. Bill Favors President & CFO Committed to professionalism and excellence for the benefit of our clients, employees, and shareholders. 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(D CD ow o P+ CSS 0 pzj P, ON CD r+ P w 0 CD (D C) (D CD 1. y (J) LI) 0 0 0 > I (D rW- (A C) Do STATE OF I DIANA OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF EXISTENCE To Whom These Presents Come, Greetings: I, Connie Lawson., Secretary of State of Indiana, do hereby certify that I mu, by virtue of the laws of the State of Indiana, the custodian of the corporate records, and proper official to execute this certificate. I further certify that records of this office disclose that ZIOEKOWSKI CONSTRUCTION, INC. duty filed the requisite documents to commence business activities under the laws of State of Indiana on December 11, 1978, and was in existence or authorized to transact business in the State of Indiana on December 02, 2015, I further certify this For -Profit Domestic Corporation has filed its most recent report required by Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of withdrawal, dissolution or expiration has been filed or taken place. In Witness Whereof, I have hereunto set my hand and affixed the seal of the State of Indiana, at the city of Indianapolis, this Second Day of December, 2015. Connie Lawson, Secretary of State 197812-318 12015120203232 Busiress Brtii"tyReportBiling I s:l/sec re.i .gov/sos/bus ser�ricelanline corps/carp reporycota Business Entity Report Filing 1Vame Searched On. Zioli owski (Legal) Current information Ent& Legal !Rama. ZXOL KOWSKI CONSTRUCTION, INC. Entity Address., 4050 RALPH TONES DU, SOUT" REND, IN 46628 General Entity Znformatlan: Control Nurnber= 197812-318 Status: Active Entity Type, For-Pe®fit Domestic Corporation Entity Creation mate: 12111/1978 En�i gate to Bx ire: Enti lGactive Gate: other flames fcstdais Entity; Date Name (Type) 12/11/1978 POWELL AND ASSOCIATES (Assumed ST JOSEPH County) (J This entity is current with Business Entity Reports}. No filing is du® at this time, If you encounter technical difficulties while using these services, please contact the IN,gov Webmaster if you are unable to find the -information you need through the resources provided on this web site, pl contact Secretary of State Connie Lawson's Business services Division at 317-232--6576. <� Back to the SOS Web site INDIANA BUSINESS ENTITY REPORT 7ndiana5errataryOfstate 10128/2014. .-27:70 AM Filer Name Filer Title BILL FAVORS PRESIDENT Years Filed 20/412015 Entity name and current principal office address ZIOLKOWSKI CONSTRUCTION, INC. 4050 RALPH JONE.S DR SOUTH BEND, IN 46628 Entity Creation Cate bcrnicile State 121111197E . ] N'! l IANA Entity Type FOR -PROFIT DOMESTIC CORPORAT ]ON Current- registered agent ,and registered address BILL FAVORS 4050 RALPH JONIES DR SOUTH BEND, IN 46620-1000 Current principal(s),and address(es) PRESIDENT BILL FAVORS 4050 RALPH JONES DR. SOUTH BEND, IN 46628 VICE PRESIDENT CHUCK LEWIS 4050 RALPH JONES DR. SOUTH BEND, IN 46628 Page: l oE 1 Packet: 197812-318 DCH: 0141028{M1,[6 Business Name: ZIOLKOWSKI CONSTRUCTION, INC. Entity Type: Domestic For -Profit Corporation Creation Date: 12/11/1978 Principal Office Address: 4050 RALPH JONES DR, SOUTH BEND, IN, 46628, USA Jurisdiction of Formation: Indiana BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 03/06/2018 01:33 PM Business ID: 197812-318 Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 12/31/2018 Date: Years Due: Title Name Address Vice President Chuck Lewis 4050 Ralph Jones Dr., South Bend, IN, 46628, USA President Bill Favors 4050 Ralph Jones Dr., SOUTH BEND, IN, 46628, USA President Bill Favors 4050 RALPH TONES DR, South Bend, IN, 46628, USA Type: Individual Name; BILL FAVORS Address: 4050 RALPH JONES DR, SOUTH BEND, IN, 46628 -1000, USA APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 12/27/2016 04:07 PM f BUSINESS ID 197812-318 BUSINESS TYPE Domestic For -Profit Corporation BUSINESS NAME ZIOLKOWSKI CONSTRUCTION, INC. PRINCIPAL OTFICE ADDRESS 4050 RALPH JONES DR, SOUTH BEND, IN, 46628, USA YEARS 201612017 NAME BILL FAVORS ADDRESS 4050 RALPH JONES DR, SOUTH BEND, IN, 46628 -1000, USA TITLE Vice President NAME Chuck Lewis ADDRESS 4050 Ralph Tones Dr., South Bend, IN, 46628, USA TITLE President NAME Bill Favors ADDRESS 4050 Ralph Jones Dr., SOUTH BEND, IN, 46628, USA TITLE NAME ADDRESS President Bill Favors 4050 RALPH ,TONES DR, South Bend, IN, 46628, USA -I>-7 F`f- APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 12/27/2016 04:07 PM IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE STATEMENTS CONTAINED HEREIN ARE TRUE, THIS DAY December 27, 20I6 SIGNATURE Bill Favors TITLE President Business ID., 197812-318 Filing No.: 7464509 -P.-7of? - form SSC p! + STAVE OF INDIANA OFFICE OF THE SECRETARY OF STATE CERTIFICATE OF INCORPORATION OF z ZIOLKOVSKI CONSTRUCTION, INC I, EDWIP J SIMCOX Secretary of State of the State of Indiana, hereby eevliffr that Artieles of taeorporatrort of the above Corporation, in lhefor- n prescribed b1I nryoffice, prepared and signcd ill duplicate by the incorporator(s}, and acknowledged and verified by the saute before' et .Votury Public. Itu ve in,,r presented to meat my office aceornpan ied bythefees 1wescribedby tart, that Ihavefound sueh et rtirtvs con fc>rrrt to law that 1have endorsed my approval upon the duplicate eopieti of such Articles; that all fees here bec-n pct id at, -�-egtcir'etd by 1mv; that one copy of such A rlicles has been filed in my office; and that the remain ing ropy C,i such Articles bearing the endorsement of my approval and filinghas been returned by »veto the inrorporator(L) orhi (their)•r•epresentatives; all n&presrribedbythe pmvisiensofthe .I6914WODISRAL, CORPORATION, ACT— .. . ............. .... , cts amended. NOW. THERE FORE, I hereby issue to sash Corporation this Certificate of Incorporation, card frcrtlr:-rc�'r trfrf that its Corporate existence has begun. /it K'itrtess 711hereof, I have herewav srt my hat;d apd affixed the seal of the State of Indiana, at the City of Indiampolis, this ---- ........ ..........T1th---- .... ., —.- .. ... ..........day of .pec'emher--_..___ .., tg..76. Secretor}- of State , S �. Dorf =E I r NOTE: This form .may now also be used for incorpor Corporate Form No, 101 (Jan. 19n)—page one 'rating pursuant to the Medical Professional Corpora. ARTICLES OF INCORPORATION tion Act, the Dental Professional Corporation Act, and the Professional Corporation Act of 1965, as well se harry A. Conrad, Secretary of Stale of Indiana the General Corporation Act, if the corporation is to be formed pursuant to the authority of one of these Use white Paper—Site8'!r x 1l-1"or Inserts statutes other than the General Corporation Act, so Indicate In the preamble below by striking the refer. Filing Requirements -•-Present 2 originally signed and encestothe threeInappropriate statutes. Professional fully exeeuted copies to Secretary of State. Room Accounting Corporations are considered to he formed 155, State House, Indianapolis 46M pursuant to the authority of the Indiana Genera! Recording Requirements ---Recording of Articles of Corporation Act, but subject to the provisions of 10 Incorporation in the office of the Count Ftttorder 23.1-13.6, and appropriate statutory referent* should fM Y he made in the preamble or Article N below. is no longer required by the Indiana General Carporation Art. ARTICLES OF INCORPORATION ' e .D OF . ZIOLKOWSKI CONSTRUCTION, INC', •..rr. .rr•.......r ............................... .......................... ............. ............................... ... ...... •.-ii 1f=.. .,. <. . •ice'~' • �-� .• L:: .: ! `a., The undersigned incorporator or irycorporators, desiring to form a corporation (hereinafter referrtc) to as the "Corpora(ion") pursuant to the provisions of the Indiana General Corporation Act (Medical f'rofessivnal Corporation Act/ Dental Professional Corporation Ac(/Professional Corporation Act of 1965), as amended (hereinafter referred to as the "Act"). execute the following Articles of incorporation, ARTICLE I Lazne ZIOLKOWSKI CONSTRUCTION, INC. Tire name of the Corporation is......................................................................................... ------------ ARTICLE 11 Purposes The purposes for which the Corporation is formed are: The transaction of all lawful business. f (corporate Form No. IOI--Wage Two •Prescribed by Larry A. Conrad, Secretary of State (Jan. 1977) ARTICLE III Period of Existence Th% period (litriq whieli tli4 corporation Shalt continue is ........ pCCpt?tu�I�..................................... ARTICLE IV Resident Agent and Principal Office Section I . Resident Agent. The natttc and a dress of the Corporation's Resident Agent for service of proc:ev, e... is llC4�u ki................. ...1005 S.L.afa et.te Street is......... . .... ...... .. {\�mel {humrrr and Strret o.--#tu�tJ:�t1 South Bend Indiana ....... ............. .......................... ................... .... ._..,............4.6624 - ... (C11yt (sim) (Lp cc.fti•.,.. Section 2. Principal Office. The post office address of the principal office of the Corporation is,... 1005 S, Lafayette Street South Bend Indiana 46624 ....-•............................................................ G%'. Cf snd Sifm or Doi]dWO (Cityt (SMC) temp cc,1r) ARTICLE V Authorized Shames Section 1, Number of Shares: The total number of shares which the Corporation is to have authority to issue is a, 000 lit L P.f �1ia �ri7i�� lip tornn� Finn rf_ a -ates as haviDg nary VAlle is B. The number of authorized shares which the corporation designates as without par value is 1, 000 Section 2. TeTms of Shares (if any): Norte f ' Corporate Form No. I03---)'age Three Prescribed by Larry A. Conrad, Secretary of Stale (.fan. 1977) ARTICLE V1_ Requirements Prior To Doitiff Bushiess The Corporal ioti will not commence. business until consideration of the Value cif at least S I'(){]() (one thou"and dollars) has been received for the issklance of shares. ARTICLE V11 Director (s) §ection I. Number of Directors. The initial Board of Directors is composed of_....._.�.....,.... member(s). The ttt}l0cr of directors rmly be [iron) tints to time fixed by the By -Laws of the Corporation at any nunibcr, ja the nhcnnco of rMY-Law fixi., tho numbeg of diRaGWFS, Section 2. Names and Post Office Addresses of the Director(s): The name(s) :end post office addresses) of the initial Board of Director(s) of the Corporation is (are) ; Name Number and Street or building City Ben Zialkowski 1005 S. Lafayette Street South Bend Roberta Ziolkowski 1005 S. Lafayette Street South Bend Section 3. Qualifications of Directors (if any): Norse State Zip Code Indiana 46624 Indiana 46624 • T Corporate Farm No. 101—Page Four Prescribed by Larry A. Conrad, 5ecretuy of Statr Gi a". 19771 ARTICLE VIII Incorporator(s) The name(s) and post office addresses) of the incorporator(s) of the Corporation is (art): Name Number and Street or Building City State Zip Code Ben Zioikowski 1005 S. Lafayette Street South Bend Indiana 46624 ARTICLE IX Provisions for Regulation of Business and Conduct of Affairs of Corporation ("Powers" of the Corporation, its directors or Shareholders) Section 1, ` All shares of this corporation Issued prior to June 30, 1979, shall he "Section 1244" stock, and shall be issued by the corporation pursuant to a certain plats adopted by it for the purpose of so qualifying!. On or after Tune 30, 1979, the shares of this corporation may be issued for such consideration and upon such terms as the Directors may from time to time determine. - IF Corporate Form No. 101—Page Five Prescribed by Larry A. Conrad, Secretary of State (Jan. 1977) IN WITNESS WHEREOF, the undersigned, being all of the incorporator(s) designated in Article '111, execute(s) these Arts a of Incorporation and certify to the truth of the facts hereirt stated, this day of , 19 78 . (walten srgnalurc} {LLMIM Sljrnziuret Ben Ziolkowski ............................ _......... ......................... (t'rintrd Signature) (Printed Sijnatutn) ...._.................................._._..........._...,,.,......•.. Wrwrn $rfniture) .._................. ............................... 41'nntrd Srgnttulri STATR OF INDIANA ss: COUNTY OF...St....TPseF h........ I, the undersigned, a Notary Public duly commissioned to take acknoveiedgenients and athninister oaths in the State of Indian,i, certify that_.. ........... 13er1 Ziolkowski txin, .................................................of the incorporator(s) referred to in Article Ville of the forccoing Articles of Incorporation, personally appeared before u)e; acknowledged the execution thereof; and swore io the truth of the facts therein stated. `] Lam` /f} Witness my band and Notarial Seal this ............ ....----- ...-------- clay of_........ r� ..��t,f1�,f.--...., {LYrtrtra 5arttatwr3 -� .� , Georgia A. Liridorf .............................................. .......... ....--• iPeirtteJ Sig"sturrl residing in St, Joseph County, Indiana My Cont"ssion Expires: Notary Public 2-18--80 This instrument was prepared by ................ non G, Blackrnond —, Attorney at Law, 126 S, Scott Street South Bend Indiana 46625 ......... .........................I".......................... ... ....... .................. .... ._........._.... Cafe= - ­ ( Number (humber ROd Strcrt nr $! (City) Adrienne C. Stevenson Vice President Marsh USA Inc. 540 West Madison Street Chicago, IL 60661-3530 adr1enne.c.stevenson@marsh,corn +1 312 627 6772 www,marsh.com October 9, 2018 Ptoject: Lafayette Building Skylight & Masonry Repairs To Whom It May Concern: Liberty Mutual Insurance Company (Liberty) is the surety for Ziolkowski Construction, Inc. and Marsh USA, Inc. is their surety agent, Liberty Mutual Insurance Company is listed on the Department of Treasury's Listing of Certified Companies, 9=1 Liberty Mutual Insurance Company Adrienne C. Stevenson Attorney -in -Fact hAARSH & McLEN NAN a.EAID C01IMPA110ES I., C.R. Hernandez -, a Notary Public in and for said County, do hereby certify that Adrienne C. Stevenson as Attorney -in -Fact, who is personally known to me to be the same person whose —name -ifs—subscribed to the foregoing instrument, appeared before one this day in person, and acknowledged that they signed, sealed, and delivered said instrument for and on behalf of for the uses and purposed therein set forth. Given under m hand and notarial sea] at my office in the City of _Chicago in said County, this 22"V ffi— day of AMgust AD, 2018 otary G R HERNANDEZ Official Seal Notary Public , State of Illinois My Commission 10'res Jun 8, 2020 . . . .. .... THIS -POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named hereln, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certiffcate No. 60555U0 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ROWER OF ATTORNEY f(NCWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casuatly Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly . organized under the laws of the Stale of Indiana (herein collectively called lhe'Companles'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, John K. Johnson; Adrienne C. Stevenson; Triniv Garcia; C. R. Hernandez; Gabriel Jacguex ali of the city of CHICAGO state of IL each Individually If there be more than one named, its true and lawful attorney-in•fact to make, execute, seal, acknowledge and deliver for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, to 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 officim.o€ the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of April 2018, The Ohio Casually Insurance Company � ` Liberty Mutual Insurance Company �1 U ` 191J a� t�i2 tool Wesf mefiiGEIInn Insurance Company STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary € 4J COUNTY OF MONTGOMERY j On this 5th day of April 018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant. Secretary of Liberty Mutual insuranco cap- [( O .(D Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes y40) € therein contained by signing on behalf of 1he.corporations by himself as a duly authorized officer. LLA asLC > :IN WITNESS WHEREOF, l have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written q CL p PAST COMMONWEALTH OF PE_NNSYLVANIA �� o��aelw� �t� Notarial Seat '�} Toresa Pastelist, Notary Public By: - of Lipper McrionTwp, Montgomery Counly _ Teresa Paslelia, Notary Public - My Commission Expires March 28, 2021 - � _ - fit MasnlsaL Pcnnsylvamo ASswaifnn at NuLrulas - � � � � � � 0 E I W This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual. ,U_t 0 insurance Company, and West American Insurance Company which resolutions are nowise full force and effect reading as follows:. ARTICLE W—OFFICERS -- Section 12. Power of Attorney Any officer or other olfrcial of the Corporation authorized for that purpose in writing by the Chairmani or the President, and subject 0 r' to such limitation} as the Chairman or the President may prescribe, shall appoint such attorneys•in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,' CE acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so w o m executed, such instruments shall be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under >'0 '4- '- the provisions of [his article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0 cv ARTICLE X111 Execution of Contracts - SECTION 5. Surely Bonds and Undertakings, Any officer of the Company authorized for that purpose in willing by:lhe chairman or the president, OP E .and subject to such limitations as the chairman or the president may prescribe, shall appowl such altomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, I o � seat, acknowledge and deliver.as surely any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their E o? Z 0 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 v 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary, 0 to 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 atlomsys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby codify that the original power of attomey of which 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 Won revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies Ihis2.2nd day of A20J8____— s iesy o 1<atz b tti�i 4 By. Renee C,Lle ssislantSecfetary 83 of 250 LMS_12873_022017 El SECTION I EXPERIENCE QUESTIONNAIRE 1. What public works projects hass your organization completed for the period of one (1) year prior to the date of the current bird? Contract Amount Class of Work Completion Date Name and Address of Owner $27,366,910 General 05/2016 Purdue University North Central $21,355,975 General 06/2015 Armed Forces Reserve Center $9,020,000 General 10/2016 South Bend Airport- New Arrivals Term $15,964,580 General 12/2016 Renaissance District - Phase I 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Bate Name and Address of Owner $6,528,402 General 6/2018 UND Walsh Hall Selective Renovations $5,139,150 General 8/2018 Laporte High School - Performing Arts C $13,208,000 General 8/2019 aporte Intermediate on the Kesling Cam $3,472,000 General 8/2018 PHM Schools - Football Stadium Irnprov al nter is ments 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. University of Notre Dame, Tony Polotto, LEER, AP, 200 Facilities Bldg., Notre 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. Fetters, 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 ry. Ya s++s Verl 2ren �s a.rn�,r ere a.v s:a Company ID Number: 486671 THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Ziolkowski Constrnction, 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 lirnit 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 131 E-Verify MOLT for Employer I Rex islon Date 09/01/09 1Luww.dhs.rgov1E—Verify va ,y5e[-4 b��lll�llr� E' Hvm.ry is Aamunaratu ua aca Company l® Number: 486671 To 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 E-Verify at. 888m464-4218. Employer Ziolkowski Construction, Inc. Bill Favors Name (Please Type or Print) Electronicall Sinned tle �111012012 Signature Date Department of Homeland Security — Verification Division SCIS Verification Division Name (Please Type or Print) Signed T011110/2012 oElectronicall Signature date Information Required for the E-Verify Program Information relating to your Company: Company Name: iolkowski Construction, Inc. Company Facility Address: 4050 Ralph Jones Dr. kouth Bend, IM 46628 Company Alternate Address: County or Parish: STJOSEPH Employer Identification Number: P61445992 Page 12 of 13 1 E-Verify NOU for Employer I Revision Date 09/01109 wvuw.dhs.gov/E-Verify 5Ft � C�i1:RTR a5(11�� n! nRt s1x tLy Company I® Number: 486671 North American Industry Classification Systems Code: 236 Administrator: Number of Employees: 100 to 499 Number of Sites Verified for: 1 Are you verifying for more than I. site? If yes, please provide the number of sites verified for in each Stage: 0 INAIANA 1 site(s) --information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: .lames Keldsen Telephone Number: (574) 287 -1811 ext. 368 Fax Number: (574) 344 - 5533 E-mail Address: jkeldsen(a)zbuild.com Page 13 of 131 E-Verify MOU for Empfoyer I Revision Bate 09/01/09 Ennpm.dhs.gov/E-Verify 6fJ212017 E Verify: Employer Wizard -Company Information E-Verify Welcome James Keldsen Company information Company Name Ziolkowski Construction, Inc. i Company iD Number 486671 Doing Business As (DBA} Name 4 UUNSNumber + Physical Location Address 1 4050 Ralph Jones Car. Address 2 Cdy South Bend State IN Zip Code 46628 County i STJOSEPH Mailing Address Address 1 Address 2 City state Zip Code Additional Information Employer identification Number 351445992 Total Number of Employees 10010499 Parent Organization Administrator Organization Designation Employer Category None of these categories apply View! Edit NAICSCode 236 - CONSTRUCTION OF BUILDINGS View 1 Edit Total Hiring Sites hVsJ/e-verify uscis.govlweblEmployerW izard.aspx MENU