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Opening of Bids - VPA Restroom Remodeling Project No 118-043 - Brown & Brown General Contractors, Inc.
Project Name VPA Restroom Remodeling Project No. 118-0,43 For Bids Due October 23, 2018 PART I (Must be completed for all bids. Please type or print) Date: October 23, 2018 _ Bidder (Firm): Brown & Brown General Contractors, Inc, Address: 124 S. Elkhart St., PO Box,487 'City/State/Zip: Wakarusa, IN 46573-0487 Telephone Number: ( 574 ), 862-2171 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: VPA restroorn remodel, proiec 118-043 the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Ep9ch Architecture + Planning and dated September 25, 2018 for the sum of (enter the Total Bid as shown on the Proposal) Seven hundred eighty four thousand twenty-two and 00/100 784,022.00 (Enter sum of Total Base Bid plus Alternates shown on Proposal) (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 addendums attached will be specifically referenced at the applicable page.. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend, If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on - &I-1parate By NK 7meat. (Signature) Eric Brown, President (Printed) Name of Person Signing) The above bid is accepted this Subject to the following conditions: BOARD OF PIUBLIC'WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member James A. Mueller, Member ACCEPTANCE day of Suzanna M. Fritzberg, Member Therese J. Dorau, Member Attest: (Linda M. Martin, Clerk 20 Version 7/20/20,18 Contractor's Bid for Public Works - 2 BID/PROPOSAL CITY OF SOUTH BEND Project Name: WPA Restroom Remodelingi Project Number: For Bids Due: 118-043 October 23, 2018 Contractor Name: Brown & Brawn General Contractors, Inc. BASE BIND Item No. Description Quantity Unit Total Amount 1 BOEHM PARK ADA RESTROOM REMODELING 1 LS $ 74,016.00 2 BOLAND PARK ADA RESTROOM REMODELING 1 LS $ 43 , 800.00 3 KELLER PARK ADA RESTROOM REMODELING 1 LS $ 15,989.00 4 KENNEDY PARK ADA RESTROOM REMODELING 1 LS $ 61 , 605.00 5 LEEPER PARK ADA RESTROOM REMODELING 1 LS $ 35 , 3401. 00 6 POTA1dWATOMI PARK ADA RESTROOM REMODELING 1 LS $ 28, 366.00 i 8 PHIL ST. CLAIR PARK ADA RESTROOM REMODELING RUM VILLAGE PARK ADA RESTROOM REMODELING 1 1 L5 LS $ 33,667.00 $ 64,854.00 9 VETERAN'S MEMORIAL PARK ADA RESTROOM REMODELING 1 LS $ 130,625.00 10 ALLOWANCE NO. 1—CONTINGENCY 1 LS $10,000.00 11 ALLOWANCE NO. 2 — INSPECTING AND TESTING 1 L5 $6,500.00 TOTAL BASE BID $ 563,262.00 ALTERNATE NO. u Item No. ................ Description Quantity Unit Total l Amount 1 RUM VILLAGE PARK — FIXTURE UPGRADE 1 LS $ 14,244.00 TOTAL ALTERNATE NO. 1 $ 14,244.00 Version 7/20/2018 Contractor's Bid for (Public Works - 7 BID/PROPOSAL CITY OF SOUTH IBIEND Project Name: VPA Restroom Remodeling Project Number: 118-043 For Bids Due: —October 23, 2018 Contractor Name: Brown & Brown General Contractors, Inc. ALTERNATE NO. 2 Item No. Description Quantity Unit Total Amount SOUTHEAST NEIGHBORHOOD PARK ADA RESTROOM 1 LS $ 85,941.00 REMODELING TOTAL ALTERNATE NO, 2 1 $ 85)941.001 ALTERNATE NO. 3 Item Description Quantity Unit Total Amount No. I I I I I I PINHOOK PARK ADA RESTROOM REMODELING I I LS 1 $ 49,27 1 .0 ALTERNATE NO. 4 Item I Description I III BOEHM PARK WOMEN's RESTROOM EXPANSION TOTAL ALTERNATE NO. 3 1 $ 49:,27 1 .0 Quantity I Unit I Total Amount I I LS 1 $ 71,304.0 TOTAL ALTERNATE NO. 4 1 $ 71)304.0 TOTAL AMOUNT BASE BID+ ALTERNATE 1, 2, 3, 4 $ 784,022:0] Bidder (Firm): Brown & Brown General Contractors, Inc. Address: 124 S. Elkhart St.. PO Box 487 City/State/Zip: Wakarusa, IN 46573-0487 Telephone Number: ( 574) 862-2171 By (Signature) Eric Brown, President (Printed Name of Person Signing) Version 7/20/2018 Contractor's Bid for Public Works - 8 When the prospective Contractor is unable to eertfy to any of tine 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: Elkhart COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I. 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: L 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 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 ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1).1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 7/20/2018 Contractor's Bid for Public Works - 5 may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 22nd day of Oct. , 20 18 Brown & Brown General Contractors, Inc. ContractorlB' der (Firm) Signature of Contractor idder or Its Agent Eric Brown. President Printed Name and Title Subscribed and sworn to before me this T22nd day of October , 20 18 My Commission Expires 3/19/2019 Notary Public County of Residence St. Joseph Co.. Indiana Version 7/20/2018 Contractor's Bid for Public Works - 6 M L 0 IN L Document A31 1TM-2010 CONTRACTOR: (Name, legal status and address) Brown & Brown General Contractors, Inc. P. O. Box 487 SURETY: (Name, legal status and principal place of business) Philadelphia Indemnity Insurance Company Wakarusa, IN 46573-0487 Bala Cynwyd, PA OWNER. (Name, legal status and address) City of South Bend Board of Public Works County -City Building Room 1316, 227 West Jefferson Blvd South Bend, IN 46601 BOND AMOUNT., Five Percent of the Total Bid 5% of Total Bid PROJECT, (Name, location or address, and Project number, if any) VPA Restroom. Remodeling; Project No. 118-043 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modi-fication. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. 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 shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 17th day of October 2018 Brow tA Bri;iwn QpMral Contractors, Inc. 1,14-- . ........ ... . ...... (Principal) (Seal) (Witness) (Title) Ericfown, P ident Philadelphia Indemnity Insurance Company (Surety) (Seal) (Witness) .13A n n 1 ffiC14ifer L. kaszn'ia, Atorney in Fact CAUPON: You sihoiultd sign an oirlgirial AiA Contract Docuirrient, on 41bh thiis text apipears In It An orlginall assuires that changes wilt not be obscured. ......... .. ........... AMA Document A3110T —2010. Copyright @ 1963,1970 and 2010 by The American Institute of Architects. All rights reserved. WARNINGWITids Me Document is protected by U.S, Cop9qrjht Law and infinmatkmall Treaties, UnaLdhadzed reproducRon or dWrIbuffon ofthls AlAe' is ocurnwit or any pc",flon of it, imay, result in sev�m,e clvff and crkinftW imnaitles, and wlHi! be proGISCLIftKll tO the MAMUM eMeUrt posslbie under the Iaw. Purchasers are permitted to reproduce ten (110) copies of this document when completed. To report copyright violations of ABA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@ala.org. 001110 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, 'Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Barbara Pearson Jordan Schetber, Jennifer Kasznia Mark Wobbe Me an Rlesenberg, Nicole Bicknell Sandra Junk, Theresa Burns Wesley Mantooth William Cerney III and Cheryl Alldre of Gibson Insurance Agency, Inc. its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $100,000,000.00,. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorney(s) in Fact and authorize the Attorncy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the stature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Trr DAY OF OCTOBER, 2017, o <S I ri 2 (Seal)' Robert D. O'Leary Jr., President 6'c CEO Philadelphia Indemnity Insurance Company On this 2V' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that tie is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWCALTHOF PENNSYLVANI rPOYAFNIALSFJ�I rW nf.P.. Hmlarogu4pic Notary Public' Lnwnr Arenonrn,u..w�UmIPOft �@ir erFcammu::gnEt�l,®: s.oras. saz: residing at: (Notary Seal) My Commission expires: Bala Cyn,._ y-d PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27"r' day of October, 2017 are true and correct and are still in full farce and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed try name and affixed the facsimile seal of each Company this / " 4' day of f , 20 /f' 1 T Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r.. role] g k g Kaoil vlaull'] 4 1101 CHECKLIST FOR BIDDERS Project Name VPA Restroom Remodeling Project No. For Bids Due 118-043 October 23, 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 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 li States Steel Products or Foundry Products. Proof of MBENVBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBENVBE Contacted X Form [MWBE-2.1]. X Acknowledge Receipt of 1 Addenduni included with the bid.. 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. This checklist submitted with the Bid. Thais 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: Brown & Brown General Contractors, Inc. By Authorized Representative:/,*1 , Siginature: Print Name & Title: Eric Brown,(President Date: October 23, 2018 Version 7/20/2018 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 his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 7/20/2018 Contractor's Bid for Public Works - 3 ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART II (For projects of $150,000 or more — IC 36-9-12-4) Governmental Unit: City of South Bend, Board of Public Works Bidder (Firm) Brown & Brown General Contractors, Inc. Date (month, day, year): October 23, 2018 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 3,481,450.00 renovation 2017 Indiana University, Bloomington, IN 979,398.00 renovation 2016 Elkhart Public Library, Elkhart, IN 1,141, 066.00 new 2018 Walkerton Lincoln Twp Library, Walkerton, IN 3,254,451.00 renovation 2017 Indiana University, Bloomington,IN 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 1,160,200.00 renovationladd 2018 Elkhart Comm. Schools, Elkhart, IN 6,104,700.00 general construction 2018 WaNee Community schools, Nappanee, IN 7,550,000.00 new 2019 Elkhart Co Bd of Comm, Goshen, IN 359,400.00 renovation 2018 Mishawaka Penn Harris Pub Lib, Mishawaka IN 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. Names and addresses of subcontractors to be furnished as specifications require. Equipment to be used by them is unknown to us. Bonds from subcontractors to be determined 4. What equipment do you have available to use far the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. Trucks, skid loaders; anything else we do not have will be rented. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. 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. Dick Belcher, First Federal Savings Bank, Rochester, IN John Metzger, Culver Duck Farm, Middlebury, IN Jeff Ewing, 2nd AP Company L.P., Woburn, MA Samantha Hale, Holladay Properties, South Bend, IN Patti Toering, Matthews LLC, Notre Dame, IN SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE Explain 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 governmental unit to consider your bid.) All work to be completed in a professional, workmanlike manner according to applicable plans, specifications and addendum. 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. Art Mosaic & Tile, South Bend, IN - specialized floor finishes Interior Finishes, South Bend, IN - floor finishes Edward J. White, South Bend, IN - mechanical DeMuyt Masonry, Rome City, IN - masonry Martell Electric, South Bend, IN - electrical 9 LA. CD cn c cr 3 a CL Cr 0 3: 5- cri (no 0 CL Q) -N (D z (D Z3 w 3 :3 m 90 ED > (Dcn(D 0. CL zu Z) m I m CD Cn �4 6o 4 iZ -4 CD 0 0 w 4�, C3 =r 0 -u 00 cn :3 (D Cj) 0 0 0 (D w (1) 0 .00 (n 0 C) 0 (D 0 Sr OL(D cr (D -0 OL to a CL CL m col m 0 0 0 3 0 (D -u 0 0 0 vo E" I 0 3 0 C: =1 f"r 100 6 -No z w 3 q 0 -—A � us (D CL =r 0 m 0 rr an CL "0 CL 2.-1 0 m 0 rr cr m O Mm 0. . * z CL 0 mr+ L". CL —10 = 0 0 0 0 0 eOM rr c CL M ©" N. A) 0 00 -0 03; 1 m ,z -0 0 0) 0-0 m K w m -n 0 m > :d 0 w m Z5 z 9 z 0 z M 0 < c —0 m rn r- z 0 0 -n m U) Z z 0 Ima M (a -4 cam OMM Z G) Z M -u -4 5MO m 0 Z m X (n -1 C,4 CITY OF SOUTH BEND 4,449 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, MBENVBE participation. It is the bidder's solle responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined Iby the Indiana Department of Administration ("IDOA"'). Project Number: 118-043 Date: October 22, 2018 Project Name: VPA Restroom Remodeling Bidder: Brown & Brown General Contractors, Inc. Contact Person: Eric Brown Telephone: 574-862-2171 Address: 124 S. Elkhart St., PO Box 487 City: Wakarusa State: Indiana Zip: 46573 Email: erjc@bbgc.us To determine whether a bidder has demonstrated good faith efforts to reach the MBEANBE 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 M,BEIWBE 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 (hftp://www.in.gov/idoa). ACTION' (ADVER'TISEICONTACT): 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 MBEANBEs 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 MBEMBEs 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 MBENVBE 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 Ibe performed' by MBE/WBEs in order to increase the likelihood of meeting the MBE/WBE goals (including breaking down contracts into smaller units to facilitate MBE/WBE Iparticipation) CONTRACT RECORDS: The bidder has maintained the following records for each MBE/WBE 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, includingi any reasons for concluding that the MBENVBE 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 PublicWorks. 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 "N IVIREMBE CONTACTED ry ,g- .g,y This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted! MBEfWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business, meets the qualifications of a Minority or Women's owned business. PAGE I OF_J__ Project Number: 118-043 Project Name: VPA Restroom Remodeling IMBE/WBE Participation Goal Bidder: Brown & Brown General Contractors Inc. By: President October 22, 2018 (Signature) (Title) (Date) MBE/VVBE Firm Sue -Win Owner or Contact at MBE/W E Firm Telephone: 317-791-4000 Fax: 317-791-4025 TYPE OF WORK SOLICITED FOR THIS PROJECT: Email: suewininc!Ratt.net toilet accessories RESULTS OF CONTACT WITH THE MBEMBE FIRM: no responise MBEMBE Firm McMann Electric Owner or Contact at MBEMBE Firm TerrjMcMann Telephone: 574-674-5748 Fax: 574-674-5739 TYPE OF WORK SOLICITED FOR THIS PROJECT: electrical Email: terrimcmann@mcmannelectric.com RESULTS OF CONTACT WITH THE MBE, NBE FIRM: .. noresponse 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 VPA Restroom Remodeling Project No. 118-043 For Bids Due October 23, 2018 Contractor Name: Brown & Brown General Contractors, Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all 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 II only. Section 11 acts as an application for pre -qualification. Submission of Section II 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 318t 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 shall 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 712012018 General Conditions - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) 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. (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: (i) x Indiana Secretary of State's on-line records (ie. 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 7/2012018 General Conditions - 8 Ih 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: 0) _ 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 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 IC 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 22, 2018 A (Sign Here) Eric Brown (Print Name Here) Brown & Brown General Contractors, Inc. (Name of Company) 124 S. Elkhart St., PO Box 487 (Address of Company) Wakarusa (City) Indiana (State) 574-862-2171 (Telephone Number) Version 7/20/2018 General Conditions -10 Business Name: BROWN & BROWN GENERAL CONTRACTORSINC Entity'rype: Domestic For -Profit Corporation Creation Date: 06102/1960 Principal Office Address: 124 S. Elkhart St,, Wakarusa, IN, 46573 - 0487, OSA Jurisdiction of Formation: Indiana Title Name Secretary Hannah M Aitken President Eric Brown Type; Individual Name: MARITA KREPS BUSINESS INFORMATION CONNIE LA SON INDIANA SECRETARY OF STATE 10/01/2018 10:33 AM Business 11); 194303-158 Business Status: Active Inactive Date; Expiration Date: Perpetual Business Entity Report Due 06/30/2020 Date: Years Due: Address PO Box 487, WAKARUSA, IN, 46573, USA PO Box 487, WAKARUSA, IN, 46573, USA Address: 124 S. ELKHART ST., WAKARUSA, IN, 46573 - 0487, USA Statement of staffing capabilities: In-house Eric Brown, President Marita Kreps, Vice -President Bradley Romine, Project Manager Todd Marek, Project Manager On -site Eric Romine, Site Superintendent Adam Loucks, Site Superintendent Matthew Hilty, Site Superintendent James Downing, Site Superintendent Rob Reinhold, Site Superintendent Labor sources: Carpenter's local 413 Cement finishers local 101 Painters local 91 October 3, 2018 To Whom It May Concern: In compliance with the United States Department of Treasury's Listing of Certified Companies, this letter will serve to confirm that at this time the surety company Philadelphia Indemnity Insurance Company is listed with the United States Department of Treasury's Listing of Approved Sureties according to Department Circular 570. 7 Jennifer L. Kasznia Attorney in Fact 01 rk) 9 wNvw.GjbsonIns.com ((8)) t(800)814-2122 1 (800) 836-2122 South Bend, IN Plyntoutli, IN Indianapolis, IN Fort Wayne, IN Elkhart, IN Kalamazoo, MI 395 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA, 19004 -0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDENINITY INSURANCE COMPANY (the Company), a corporti(ion organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Barbara Pearson, Jordan Sclielber, jewilfer Kagnia, Mark NVabbe, Megan Riesenbere, Nicole Bicknell, Sandra Junk, Theresa Burns, Wesley Mantooth , William Cerney III and Cheryl Alldre of Gibson Insurance Agency, Inc. its true and tawfid Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, i-ccognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $100,000,000,00, This Power of Attorney is granted and is signed and scaled by facsimile under and by the awhority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of tire Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seat of the Company (hereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tire future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SHALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27 T11 DAY OF OCTOBER, 2017. (Seal) Robert D. OLeary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'1'day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; (list the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTHWPENNSMANIA "6TARIA111 kL Atur�am ypmbp, Notary Public: residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are true, and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this =day of % r 92 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY SINCE 1039 ,Rrown and.,(Rrown 124 S. ELK A T ST. P.O. BOX 481 WAKA USA, INDIANA 46573-0487 PRONE: (574) OG2.2 i71 FAX: (5741 862.3030 List of Projects in past three years Description Amount Walkerton Library, Walkerton, IN ............................... $1,143,906 IUSS Riverside Hall, South Bend, IN .............................. 3,254,451 IUSB Northside Hall, South Bend, IN ............................. 3,482,671 Elkhart Memorial High School Commissary, Elkhart, IN .............. 1,164,280 Howard Ellis Elementary, Niles, MI ................................. 935,100 Ring Lardner Middle School, Niles, MI .............................. 765,272 Northwood High School Athletic Center, Nappanee, IN ............. $6,104,700 Woodlawn Hospital Pharmacy, Rochester, IN ........................ 286,229 Watervliet Middle & High Schools, Watervliet, MI ................... 557,494 Elkhart Public Library, Elkhart, IN ................................. 979,298 Culver Duck Farm, Middlebury, IN .................................. 112,316 Peru Housing Authority, Peru, IN .................................. 342,533 Pennway Alternative School, Osceola, IN ............................ 119,299 Stratford Commons, Elkhart, IN ................................. 1,014,298 Buchanan Middle School, Buchanan, MI ............................ 1,025,471 Gurley Leep Kia, Mishawaka, IN ................................... 358,939 St. Joseph County PSAP, Mishawaka, IN ............................ 587,494 Success Academy, South Bend., IN ................................. 209,905 Knox Elementary School, Knox, IN ................................ 1,523,524