HomeMy WebLinkAboutOpen Market Contract - MarMain Apartments Proj No. 122-061A – Herb’s Drywall Service, 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
January 9, 2024
Mr. Herbert E. Eddy
Herb's Drywall Service, Inc.
521 East Marion St.
Mishawaka, IN 46545
HerbsdUwa1110l kgmail.com
RE: Open Market Contract — Project No. 122-061A
Dear Mr. Eddy:
At its January 9, 2024 meeting, the Board of Public Works awarded the above
referenced bid to you in the amount of $16,680. Enclosed please find a signed Bid/Proposal
form.
Please forward the following documents in one submittal by January 23, 2024 to my
attention for Board of Public Works approval at lhensley(ksouthbendin.gov:
1) One (1) signed original of the Public Works Contract (enclosed)
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
Is/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou
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, PE, Sr. Project Engineer
SUBJECT: Open Market Contract - Project No. 122-061A
MarMain Apartments — Water Damage Repairs
DATE: 12/26/2023
On November 14, 2023, the Board of Public Works opened and read aloud quotes for the above project.
The scope of work is to repair water -damaged drywall in the MarMain Apartment building. Quotes were
solicited from Herb's Drywall, Lawson Drywall, and RF Drywall Finishing.
One quote was received from Herb's Drywall in the amount of $26,180; however, Herb's neglected to
provide a price for one of the scope items (priming and painting), so the quote was rejected as non-
responsive. In accordance with Indiana Code 36-1-12-5(b)(4), the project was procured in the open market.
Herb's Drywall was offered the opportunity to revise their quote and address all scope items. Herb's revised
their quote to include all items, and also noted a discrepancy in their original quote which resulted in more
work being performed than necessary. They submitted a revised quote in the amount of $16,680, which is
in budget for the project.
I recommend award of an open market contract for 122-061A MarMain Apartments — Water Damage
Repairs to Herb's Drywall, in the amount of $16,680.00. Funding is available through PR-00028875.
Page 1 of 1
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S QUOTE FOR PUBLIC WORK
PROJECT NAME:
PROJECT NO.
QUOTES DUE
MarMain Apartments — Water Damage Repair
122-061A
Open Market Solicitation
(Must be completed for all quotes. Please type or print)
Date: 12/22/2023
Address: 521 E. Marion St.
City/State/Zip: Mishawaka, IN 46545
Firm: Herb's Drywall Service, Inc.
Telephone Number: ( 574) 257-8714
Agent of Bidder (if Applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
MarMain Apartments — Water Damage Repair
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated 10/30/2023 for the sum of (enter the Total Quote as shown on the Proposal)
Sixteen thousand six hundred eighty dollars ($ 16,680 )
(Enter Sum of Total Quote plus Alternates shown on Proposal) (Numerical)
If alternative quotes 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, th cost of units m t be the same as that shown
in the original contract if accepted by the City of South Bend. If a to is aw o unit basis, the
itemization of the units shall be shown on a separate attachm
BY
(Printed _ of Person Signing)
The above quote is accepted this
Subject to the following conditions:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
-jj�'a
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
ACCEPTANCE
day of
�0 1
Joseph R. Molnar, Vice President
Briiaaanaa Micou, Member
Attest: Theresa M. Heffner, Clerk
Date: January 9, 2024
20
BOARD OF PUBLIC WORKS
CITY OF SOUTH BEND, INDIANA
PUBLIC WORKS CONTRACT
This Agreement is made and entered into this 9th Day of January, 2023, by and between Herb's
Drywall Service, Inc., (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. 122-061A
DESCRIPTION: WATER DAMAGE REPAIRS AT MARMAIN APARTMENTS
COMPLETION DATE: SEE SPECIFICATIONS
AMOUNT: $16,680
FUNDING: PR-0002875
The unit prices for this improvement were those prices as received and accepted by the Board on
the 14th Day of November, 2023.
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
VUL(4
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
M� i
Joseph R. Molnar, Vice President
Briana�/Miicou, Member
' '/"
Attest: Theresa M. Heffner, Clerk
Date: January 9, 2024
HERB'S DRYWALL SERVICE,
INC.
Printed Name
Signature
When the prospective Contractor is unable to certify to any of the statenients below, it shaft attach an explanation to this .4jfjdavit.
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
A
(Must be completed for all quotes and bids. Please type or print)
STATE OF TO
SS:
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
i
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 trans -action 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 of more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (11) 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
Version 2114/2020 Page - 3 Public Works Quote
alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Contractor's newly lured employees through the E-Vent�r 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 ]cams is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract Xvith 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 Pot 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
i
WBERNME. A finding oGtylf a discriminatory practice by the s MBE, IBE 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 deten-nination, 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.
Conti -actor agrees not to discriminate against or intimidate any employee or applicant for
employm ent 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 contractor on a public works project, understand any statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5- 16-
Version 2M4/2020 Page - 4 Public Works Quote
8-1). 1 hereby certify that I and all subcontractors employed by one 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.
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 10114CM May of 2,1C� , 20Z3
SHELLY MARIE ZAMBINO
My Commission Expires
SEAL
July 30, 2031
I
Commission Number NP0671013
St Joseph County
Subscribed and sworn to before rne this day of 20-Z3
My Commission Exp—'sOu&3&9-03)
Notary P#C/
County of Residence 00-smi,
- r
Version 2/14/2020 Page - 5 Public Works Quote
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/26/2023
Name Zach Hurst Department DPW
BPW Date 01/09/2024 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
n Other: n 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
Herb's Drvwall Service
® Yes ® If Yes, Approved by Purchasing
❑ No
❑❑ MBE Completed E-Verify Form Attached ❑ Yes
No
MarMain Apartments — Water Damage Repair
122-061A
River West DA TIF
PR-00028875
$16,680
Lump Sum
Approve Open Market Contract for water damage repairs at MarMain
Apartment building
For Chance Orders Onl
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: