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HomeMy WebLinkAboutOpen Market Contract - Miami Hills TIF Project - Windows & Siding Proj No. 122-027 – H&H Reno., Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 28, 2023 Mr. Issak Hayut H&H Renovations, Inc. 1875 Old Alabama Rd., Suite 765 Roswell, GA 30076 issak(khhrenovationsinc. com RE: Award Bid — Open Market Contract - Project No. 122-027 Dear Mr. Hayut: At its February 28, 2023 meeting, the Board of Public Works awarded the above referenced bid to you for Miami Hills TIF Project - Windows & Siding in the amount of $1,584,305. Enclosed please find a signed Bid/Proposal form. Please forward the following documents in one submittal by March 14, 2023 to my attention for Board of Public Works approval at lhensleyksouthbendin.gov: 1) One (1) signed original of the Public Works Contract (enclosed) 2) Labor & Material Payment Bond 3) Performance Bond (125% of Bid Amount) 4) Certificate of Insurance naming the City of South Bend as an additional insured 5) Item #4 for all subcontractors that you use If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER uTH INTER -OFFICE MEMORANDUM r U\ DEPARTMENT OF PUBLIC WORKS x �4i5 k DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Zach Hurst, Project Engineer SUBJECT: Open Market Contract - Project No. 122-027 Miami Hills TIF Project — Windows & Siding DATE: 01 /16/2023 On June 14, 2022, the Board of Public Works attempted to open bids for the subject project; however, no bids were received. One contractor, R Yoder Construction, attended the pre -bid meeting. In accordance with City policy at the time, the project was approved to solicit a contractor through open market negotiations. There are no M/WBE goals for this project. The scope of work consists of residential window replacement (NAICS code 238350) and vinyl siding installation (NAICS code 238170). The City of South Bend's Disparity Study does not contain unweighted availabilities for those NAICS codes; as such, no goals are required for this project. The plans and specifications were sent to a group of local MWBE general contractors, including HEAD Construction, Heartland Builders, GROM Solutions, and Reliable Roofing. Heartland Builders was the only firm (MBE) to return an open market bid. Their total bid amount to replace the windows and install vinyl siding was $2,800,139.68. The project budget, as allocated through Redevelopment Commission by way of a development agreement, totals $1,000,000, based on a preliminary cost estimate provided by H&H Renovations, Inc., of Atlanta, Georgia. H&H Renovations has performed work for Infinity Capital Partners, who represent the ownership group of the Miami Hills apartment complex and are also the City's partner in this development agreement. H&H Renovations was asked to revisit their initial estimate and provide a revised open market bid to travel to South Bend to perform the renovation work. They complied and have submitted an open market bid totaling $1,584,305.00. Infinity Capital Partners were made aware of the revised cost, and were agreeable to funding the overage required in order to enter into a contract with H&H Renovations. Infinity Capital Partners has already wired the funds required for this contract. I recommend award of an open market contract for Miami Hills TIF Project — Windows & Siding to H&H Renovations, Inc., in the amount of $1,584,305.00. Funding is available through PR-00016923. Page 1 of 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Miami Hills TIF Project -Windows and Siding Project No. 122-027 For Bids Due June 14, 2022 — 9:00 a.m. EDT PART I (Must be completed for all bids. Please type or print) _ Date: _ �� Bidder (Firm): &(Q j,/f(�/,� en s — c Address: j f � , li� c4r`7"-" 71i/ City/State/Zip: -4" *,elephone Number: Agent of Bidder (if Applicable): DOI U; 114114 Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Window Replacement and Siding Installation at Miami Hills Apartments the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Forum Architects and dated June 2022 for the sum of (enter the Total Bid as shown on the Proposal) One million five hundred eighty four thousand three hundred five dollars ($ 1,584,305 ) (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 a separate attachment. ByP/ f - t (Signature) Q- 1 /, ' (Printed NarAe of Person Signing) The above bid is accepted this _ Subject to the following conditions: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member ACCEPTANCE day of ,,, VO)—V 20 Joseph R. Molnar, Vice President Jordan V. Gathers, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: February 28, 2023 BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA PUBLIC WORKS CONTRACT This Agreement is made and entered into this 28th Day of February, 2023, by and between H&H Renovations, Inc., 1875 Old Alabama Rd., Suite 765, Roswell, GA, 30076 (the "Contractor"), and the Board of Public Works (the 'Board"). The Contractor covenants and agrees to make the following improvement, as fully set out in the Request for Quotations, Standard Specifications, Special Provisions, Plans, and Bid Proposals, all of which are set forth as a part of this Contract, for: PROJECT NO. 122-027 DESCRIPTION: MIAMI HILLS TIF PROJECT - WINDOWS & SIDING COMPLETION DATE: SEE SPECIFICATIONS AMOUNT: $1,584,305 F1 TNDING- PR-00016923 The unit prices for this improvement were those prices as received and accepted by the Board on the 14th Day of June, 2022. The Contractor further agrees to notify the assigned Engineer when this improvement is completed. This notification shall be in the form of a Project Completion Affidavit, signed by the Contractor. Upon final acceptance of the improvement by the Engineer, the Contractor's final estimate will be presented to the Board for final Payment with one (1) copy of the Project Completion Affidavit and one (1) copy of a Waiver of Lien. Each of the Parties, by signing below, represents and warrants to the other Party that he/she/it has the authority to bind the named person or entity to this Agreement. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS H&H RENOVATIONS, INC. 1*1�4 �P1 Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member �4 Attest: Theresa M. Heffner, Clerk Date: February 28, 2023 Printed Name Signature When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) St. Joseph ) SS: 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. 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. Vcrcinn MP)Q101)0 1 r'nn+r­+nr'c Rirl fnr Di ihl;r VVnrlrc - d 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, firms, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of contract or employment, or any matter directly or indirectly related to contracting or employment because of race, sex, religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation, or due to age 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 will consider the Contractor's good faith efforts to obtain participation by those subcontractors 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. Contractors seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal -eligible contracts, Contractors are required to either meet both MBE and WBE utilization goals or demonstrate that the Contractor has made good faith efforts to obtain participation from MBE and WBE subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor 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 to 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). 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 Vorcinn nar)onn?i (`nntrflrtnr'o RiH fnr Di ihlin \Afnrlrc - F 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 CA day of fO- b Subscribed and sworn to before me this My Commission Expires 0211s %�-2 5 ®``glllllid/��rg o p gi: (ni • 77b• 's CA :�� LBLt�' ••' Q` I � s r ••9�;gRY 5 , ZOO;.• ¢C% O aes,-' A1T Y,tO ContractorBidder (Firm) 14 //11(1// 1 Signature of Con`� V t�r for/Bidderor Its Agent 'Do Y;'cl ! Y 14 ; P Printed Name and Title day of �� O i'l. 20 23 Notary Public County of Residence C D&O, c ou r—,V±�J, 1/—inn C`nnf—fnr'e Rir! fnr M iKlir Mh—lrc - R BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 02/09/2023 Name Zach Hurst Department DPW BPW Date 02/28/2023 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for 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 ❑ Other: ❑ Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information H&H Renovations, Inc. ® Yes ® If Yes, Approved by Purchasing ❑ No ❑ MBE Completed E-Verify Form Attached ❑ Yes No Miami Hills TIF Project— Windows & Siding 122-027 South Side DA TIF PR-00016923 $1,584,305.00 Lump Sum Contract Request to award open market contract for window replacement and siding installation at Miami Hills apartment complex. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: