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HomeMy WebLinkAboutOpen Market Contract - Training Center Project No. 122-054C – Herrman & Goetz, 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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 9, 2024 Mr. Larry Cripe Herrman & Goetz, Inc. 3419 N. Home St. Mishawaka, IN 46545 lcripeghgservices. com RE: Open Market Contract Dear Mr. Cripe: At its April 9, 2024 meeting, the Board of Public Works approved the above referenced contract to perform concrete, plumbing, and electrical work for SBFD Gear Washer Prep Work — Training Center Project No. 122-054C in the amount of $41,441. Please forward the following documents in one submittal by April 23, 2024 to my attention for Board of Public Works approval at lhensleyksouthbendin.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 INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Zach Hurst, PE, Sr. Project Engineer SUBJECT: Open Market Contract - Project No. 122-054ABC SBFD Gear Washer Prep Work DATE: April 2, 2024 On March 12, 2024, the Board of Public Works attempted to open quotes for the subject projects, covering preparation work (concrete, electrical, plumbing) for Station 2, Station 6 and the SBFD Training Center to receive new heavy duty gear washers. Quotes were solicited from Ziolkowski Construction, R Yoder Construction, and Herrman & Goetz (H&G). No quotes were received. In accordance with Indiana Code 36-1-12-5(b)(4) the project was procured in the open market. After the quote opening, H&G contacted the City to explain they did not receive a quote for a concrete subcontractor in a timely manner. The City granted H&G additional time to complete their quote, and H&G submitted the following prices for the work: Station 2: $29,599 Station 6: $31,964 Training Center: $41,441 SBFD has funding available through their Capital account I recommend award of an open market contract for SBFD Gear Washer Prep Work — Station 2 to Herrman & Goetz in the amount of $29,599. Funding is available through PR-00031755. I recommend award of an open market contract for SBFD Gear Washer Prep Work — Station 6 to Herrman & Goetz in the amount of $31,964. Funding is available through PR-00031756. I recommend award of an open market contract for SBFD Gear Washer Prep Work — Training Center to Herrman & Goetz in the amount of $41,441. Funding is available through PR- 00031757. Page 1 of 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S QUOTE FOR PUBLIC WORK PROJECT NAME: PROJECT NO. QUOTES DUE SBFD Gear Washer Prep Work — Training Center 122-054C 9:00 a.m. (E.D.T.) March 12, 2024 (Must be completed for all quotes. Please type or print) Date: Marl-h 1I, 9024 Firm: Herrman & Goetz, Inc. Address: 3419 N. Home St. City/State/Zip: Mishawaka, IN 46545Telephone Number: ( 574 ) 282-2596 Agent of Bidder (if Applicable): N/A Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: SBFD Gear Washer Prep Work — Training Center the City of South Bend, Indiana, in accordance with plans and specifications prepared by: The City of South Bend, Department of Public Works and dated March 1, 2024 for the sum of (enter the Total Quote as shown on the Proposal) Forty one rhoitsand four hundred forty—one Dollars ($ 41, 441.00 ) 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, 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 quote is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. V B (Signature) La Cri e Division Manager (Printed Name of Person Signing) The above quote is accepted this Subject to the following conditions: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS jal�4 Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member ACCEPTANCE day of �/ V T L Joseph R. Molnar, Vice President Briana Micou, Member fit« �. Attest: Theresa M. Heffner, Clerk Date: April 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 April, 2024, by and between Herrman & Goetz, 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. 122-054C DESCRIPTION: PERFORM CONCRETE, PLUMBING, AND ELECTRICAL WORK FOR SBFD GEAR WASHER PREP WORK — TRAINING CENTER COMPLETION DATE: SEE SPECIFICATIONS AMOUNT: $41,441 FUNDING: PR-00031757 The unit prices for this improvement were those prices as received and accepted by the Board on the 12th Day of March, 2024. 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 vl�Nk Elizabeth A. Maradik, President �-.� Gfs�-rites Gary A. Gilot, Member Murray L. Miller, Member 4EN Joseph R. Molnar, Vice President Briana Micou, Member �4 Attest: Theresa M. Heffner, Clerk Date: April 9, 2024 HERRMAN & GOETZ, INC. 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 ) ) SS: S t . 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 Version 9/29/2021 Page - 8 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 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 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 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. 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 Version 9/29/2021 Page - 9 Public Works Quote 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 --nth day off, 20-2-4 Herrman & Goetz, Inc. Contracto dder (Firm) Signature ontra Bidder or Its Agent Larry Cripe, Div. Mngr. Printed Name and Title Subscribed and sworn to before me this 13th day of March 12024 My Commission Expires 7 / 1 / 2030 "'_ + 4-" Notary Public County of Residence St. Joseph Catherine J. Gruber Notary Public Seal State of Indiana St. Joseph County Commission NumbarNvod$6133 µy Commission Expires 7/1 t2030 Version 9/29/2021 Page - 10 Public Works Quote BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/02/2024 Name Zach Hurst Department DPW BPW Date 04/09/2024 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 Herrman & Goetz, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No SBFD Gear Washer Prep Work — Training Center 122-054C SBFD Capital PR-00031757 $41,441 Lump Sum Open market contract to perform concrete, plumbing, and electrical work to prepare locations to receive gear washer unit at SBFD Training Center. 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: