HomeMy WebLinkAboutOpen Market Contract - Windows for Gemini at Colfax Apts. - Vic Butcher Construction1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
July 14, 2020
Mr. Westley Butcher
Vic Butcher Construction
23934 Edison Rd.
South Bend, IN 46628
RE: Open Market Contract
Dear Mr. Butcher:
PHONE 574/235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on July 14, 2020, approved the above
referenced contract for the Gemini at Colfax exterior window renovations in the amount of
$207,851.
Enclosed please find a copy of the contract for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
INTER -OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Linda M. Martin, Clerk
Board of Public Works
FROM: Zach Hurst, Project Engineer
SUBJECT: Open Market Contract - Project No. 119-103, Division E
Gemini at Colfax Exterior Renovations — Windows
DATE: July 1, 2020
On February 25, 2020, the Board of Public Works opened and read bids for the above project.
No bids were received for Division E, covering window replacement, so an Open Market
procurement process was used.
Vic Butcher Construction of South Bend, Indiana was the lone contractor interested in providing
window replacement services for the subject project. The Contractor has provided the
necessary paperwork for this contract, as well as information required to be entered into the
City's vendor system.
Since bids were originally opened on February 25, this project pre -dates the Workflow usually
associated with projects through DFO, the City's new accounting system. As such, this memo
explains why this is being generated using Scenario 11 (no other offers via other solicitation
methods), and why no Purchase Requisition currently exists for this work.
I recommend award of a contract for the Windows for Gemini at Colfax Exterior Renovations to
the lowest responsive / responsible bidder, Vic Butcher Construction in the amount of
$207,851.00. Funds have been appropriated from River West DA TIF (324-10-102-121-
443001).
Please call with your questions (MS Teams)
Y
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC; �,ORK
Project Name Gemini at Colfax Apts. ® EXTERIOR RENOV�TIONS
Project No. 119-103
For Bids Due February 11, 2020
PART I
(Must be completed for all bids. Please type or print)
Date: Bidder (Firm): Uo'c--
Address: 23 9 3 Y ED
City/State/Zip-. Telephone Number: MW
Al lot—X-,(
Agent of Bidder (if Applicable):e-
Pursuant to notices given, the undersigned offers to furnish labor and/or•
public works project of:
the City of South Bend, Indiana, in accordance with plans and
South Bend Heritage Foundation, Inc.
and dated January 17, 2020 - for the sum of (enter the Total Bid
(Enter sum of Total Division A Base Bid plus positive value
Alternates shown on Proposal)
(Enter sum of Total Division 8 Base Bid plus positive value
Alternates shown on Proposal)
(Enter sum of Total Division 0 Base Bid plus positive value
Alternates shown on Proposal)
Alternates shown on Proposal)
Two hundred seven thousand, eight hundred fifty one dollars
(Enter sum of Total Division E Base Bid shown on Proposal)
Division E alternate #1
Division E alternate #2
Division E alternate #3
Division E alternate #4
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The above bid is accepted this
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units must be the same as that
bid is to be awarded on a unit
(Signature)
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(Printed Name of
ACCEPTANCE
14th. day of July
PART 11
I
These statements to be submitted under oath by each bidder with 2
Attach additional pages for each section as n,.--
SECTION I EXPERIENCE QUESTIONNAIR)
1 . Attach information regarding projects your organization has corn
(1) year prior to the date of the current bid.
2. Attach a listing of public works projects currently in process of cor
organization.
3. Attach information regarding any failure to complete any work aw
location thereof.
4. Attach references from private firms for which you have performet
20 2
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by your
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work.
SECTION 11 PLAN AND EQUIPMENT QUESTION AIRE
ppc(
o 1. Attach an exlanatin of your plan or layout for performing pro sed work- (Examples could
include a narrative of when you could begin work, complete the 0roject, 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 (V,*Mw
your own firm who have performed part of the work) that you pave . used on public works
projects during the past five (5) years along with a brief descripti•-
subcontractor.
Version 4/212019 Contractor's Bid for Public Works - 3
When the prospective Contractor is unable to certify to any of the statements below, it
attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
i
NEGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-
DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL
PRODUCTS OR FOUNDRY PRODUCTS 1
(Must be completed for all quotes and bids. Please type or print)
I
SS:
6-r 3-0
COUNTY
The undersigned Contractor, being duly sworn upon his/her/its oath, affirnil 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 han 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 ftointime-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 m the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a fin,
twenty million dollars ($20,000,000) or more ii
forty-five (45) days or more, if that person will
goods and services in the energy sector in Iran;
financial institution extends credit, is a person i
the Indiana Department of Administration.
racial institution that extends
credit to another person for
J) use the credit to provides
and (ii) at the time the
lentified on list published by
Version 4/2/2019 Contractor's Bid for Public Works - 5
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 subseque learns is an unauthorized alien,
and that the subcontractor has enrolled in and is participating in the E-Verily 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. i
6. Persons, partnerships, corporations, associations, or joint venture I rs 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 respectto hire, tenure, terms, conditions,
or privileges of employment, or any matter directly or indirectly related tolemployment because of race, sex,
religion, color, national origin, ancestrv, age, gender expression, gent 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 b regarded as material breach of
contract.
1, the undersigned bidder or agent as contractor on a public works I
obligations to the use of steel products or foundry products made in the Uni
certify that I and all subcontractors employed by me for this project '"
products made in the United States on this project if awarded. I underst
notify the City in my bid that my proposal does not include the use of s,
made in the United States, I understand it is my sole obligation and respo
to the City, subject to review and approval, why the cost of United States
unreasonable. Prior to award and upon submission of bid which does 1
products made in the United States, the City, through its director of public,
if the price of United States made steel or foundry is unreasonable. I unc
ject, understand my statutory
States (I.C. 5-16-8-1). 1 hereby
use steel products or foundry
I have an affirmative duty to
products or foundry products
bility to provide a justification
de steel or foundry products is
use steel products or foundry
ks, shall make a determination
,tand that violations hereunder
Tersion 41212019 Contractor's Bid for Public Works - 6
may result in forfeiture of contractual payments.
UE
I I ICf---TrcdWUL
for public works are true and correct.
Dated this of z!, ve 20 eR o
Ma=
ille-
Printed Name andliTitle
Subscribed and sworn to before me this day of 20
MyCommission Expires &,
4 A, k1 N
'
Al adn
Vo, 1110;
Trersion 41212019 Contractor's Bid for Public Works - 7
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 07/01/2020
Name Zach Hurst Department DPW
BPW Date 07/14/2020 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer ❑ Officer Name
BPW Attorney ❑ Attorney Name
Dept. Attorney ❑ Attorney Name
Purchasing ❑
Check the Appropriate Item Type — Re uired or All Submissions
❑ Professional Services Agreement ❑ Contract ❑ Proposal
® Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
n Other: n Ease./Encroach
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Information
Vic Butcher Construction
❑ Yes ❑ If Yes, Approved by Purchasing
® No
❑ WBE Completed E-Verify Form Attached ❑ Yes
No
Gemini at Colfax — Exterior Renovations — Windows
119-103, Division E
RWDA TIF
324-10-102-121-443001
Amount $207,851
Terms of Contract Pricing is per window replaced
Purpose/Description Contact is Westley Butcher <wbutcher8903(a�gmaiLcom>
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount
Current Percent of Change:
New Amount
Increase
Decrease
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Combletion Date: