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Opening of Bids - 2024 Curb & Sidewalk Program Proj No. 124-009 - Owl Creek Construction
CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name 2024 Curb and Sidewalk Construction Project No. For Bids Due 124-009 9th, 2024 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 Band. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely V executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of M/WBE Utilization Plans [MBE-1.0 and WBE-1.01. Also provide Evidence of Good Faith Efforts Forms [MBE-2.0 and WBE-2.0] and MANSE Contacted Forms [MBE-2.1 and I/ WBE-2.1]. JZ Acknowledge Receipt of ` Addendumi s) 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 printed or typed underneath signature. This checklist submitted with the Bid. This 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: \ klla CQQ.\K \�wS� N. T� l?r\ Date: By Authorized Representative: Signature: Print Name & Title: Version 03/15/2024 Contractor's Bid for Public Works -1 Y9` CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2024 Curb and Sidewalk Construction Project No. 124.009 For Bids Due July 9th, 2024 PART (Must be completed for all bids. Please type or Date: v` _. A-o�- Address:yl� City/State/Zip: -Cl) L1 Email Address: Agent of Bidder (if Applicable): Pursuant to notices given, the public works project of: Bidder (Firm): Telephone Number: \)_) SSO-019 to furnish labor and/or (material necessary to comp) the _Ci� ff South Bend, Indiana, in a�cordCance with lans and specifications prepared by: �.�1.'+I=\ C \L�(Xr.`I� k C c6�tS5I #- �r�K • —t N 0 \'N,'30 S35 and dated ,,,)apt;` Zo,� for the sum of (enter the Total Bid as shown on the Proposal) Fowc �i+rr�yPe��:.i,r�w,�•o�so►.Sl��ro�.. rt:.���-8s ) (Enter sum of Total Base Bid plus Altemates shown on oposal) (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 a separate attachment. The above bid is accepted this _ Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member ature) (Printed Name of Person Signing) ACCEPTANCE day of 20 Joseph R. Molnar, Vice President Breana N. Micou, Member Murray L. Miller, Member Attest: Theresa Heffner, Clerk Version 03/1512024 Contractor's Bid for Public Works - 2 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 03/15/2024 Contractor's Bid for Public Works - 3 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2024 Curb and Sidewalk Construction Project Number: For Bids Due: Contractor Name: nivisiON 1 124-009 9ei, 2024 Item No. Description Quantity Unit Unit Price Total Amount 1 CONCRETE SIDEWALK, REMOVE 873 SY y 2 CONCRETE SIDEWALK, 4-IN 868 SY 3 CONCRETE CURB, REMOVE 442 LF 4 CONCRETE CURB, MODIFIED 442 LF 5 ASPHALT APPROACH, REMOVE 12 SY I�S 6 PCCP FOR APPROACHES, 6-IN 12 SY 7 CONCRETE CURB RAMP, REMOVE 34 SY 8 PERPENDICULAR CURB RAMP 34 SY a y g 9 TOPSOIL AND SEEDING 959 SY 10 TREE, REMOVE, 10-IN 2 EA 11 STUMP, REMOVE 1 EA \� 12 PLANT, DECIDUOUS TREE, SINGLE S. 2-IN TO 2.5-IN 23 EA r1 DIVISION 1 TOTAL a.\U�f1SM.\Q0 ntvistnni 7 Item No. Description Quantity Unit Unit Price Total Amount 1 CONCRETE SIDEWALK, REMOVE 736 SY 2 CONCRETE SIDEWALK, 4-IN 732 BY 3 CONCRETE CURB, REMOVE 1360 4 CONCRETE CURB, MODIFIED 136 LF 5 CONCRETE APPROACH, REMOVE 37 SY 6 PCCP FOR APPROACHES, 6-IN 37 SY 7 CONCRETE CURB RAMP, RE VE 25 SY 8 PERPENDICULAR CURB AMP 25 SY 9 TOPSOIL AND SEE G 470 SY 10 TREE, REMOV 8-IN 1 EA 11 PLANT, DECV5UOUS TREE, SINGLE STEM. 2-IN TO 2.5-IN 2 EA DIVISION 2 TOTAL [CONTINUED] Version 03115/2024 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND s Project Name: 2024 Curb and Sidewalk Construction _ Project Number: 124-009 For Bids Due: July 9'h, 2024 Contractor Name: (� �� �(�P flt\S N tO,n DIVISION 3 Item No. i Descrlion P Quantity Unit Unit Price Total Amount 1 CONCRETE SIDEWALK, REMOVE 352 SY 2 CONCRETE SIDEWALK, 4-IN 352 SY Ti 3 CONCRETE CURB, REMOVE 637 LF 4 CONCRETE CURB, MODIFIED 637 1 LF 0 5 CONCRETE APPROACH, REMOVE 30 SY 6 PCCP FOR APPROACHES, 6-IN 30 SY �p0 7 CONCRETE CURB RAMP, REMOVE 55 SY 8 PERPENDICULAR CURB RAMP 58 SY 9 TOPSOIL AND SEEDING 412 SY 10 TREE, REMOVE, 10-IN 1 EA `g 11 TREE, REMOVE, 18-IN 1 EA 12 TREE, REMOVE, 30-IN 2 EA 5 13 STUMP, REMOVE 1 EA \- 14 PLANT DECIDUOUS TREE, SINGLE STEM. 2-IN TO 2.5-IN 14 EA Tla O k 00,90 DIVISION 3 TOTAL j(J [CONTINUED] Version 03/15/2024 Contractor's Bid for Public Works - 8 'SpljTll �; BID/PROPOSAL CITY OF SOUTH BEND WA� Project Name: 2024 Curb and Sidewalk Construction Project Number: 124-009 For Bids Due: July 91h, 2024 Contractor Name: 15 W DIVISION 4 Item No. Description P Quantity Unit Unit Price Total Amount 1 CONCRETE SIDEWALK, REMOVE 247 SY 2 CONCRETE SIDEWALK, 4-IN 194 SY 3 CONCRETE APPROACH, REMOVE 34 SY IS5cin 4 PCCP FOR APPROACHES, 6-IN 34 SY 1 5 CONCRETE CURB RAMP, REMOVE 11 SY rYs .SV 6 PERPENDICULAR CURB RAMP 11 SY 'a Q kill 7 TOPSOIL AND SEEDING 242 SY z- '1S 0 8 TREE, REMOVE, 18-IN 2 EA 1�0.Co 9 TREE, REMOVE, 30-IN 4 EA 10 STUMP, REMOVE 1 EA ` n 11 PLANT DECIDUOUS TREE, SINGLE STEM. 2-IN TO 2.5-IN 9 EA �t O DIVISION 4 TOTAL [CONTINUED] Version 03/15/2024 Contractor's Bid for Public Works - 9 When the prospective Contractor is unable to cerdfy to any of the statements below, it.shall attach an explanation to this Affldavil. 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 I (Must be completed for all quotes and bids. Please type or print) 0 STATE OF 'M ) 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 arty 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 § 5-22-16.5-5, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: 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. Version 03/15/2024 Contractor's Bid for Public Works -4 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 bidiquote; 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 leams is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. he 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, orjoint 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 contact 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. 1, 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 (LC. 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 03116i2024 Contractor's Bid for Public Works - 6 e ( 24 CITY OF SOUTH BEND _ }ai MINORITY AND WOMEN BUSIN FSS ORM TERPIRI E INCLUSION PROGRAM PLAN WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Ik C nstruction Project Number: Bidder: Division 1 — WBE Goal: Name & Address of WBE �O\\0 Nucce�ecr(���[ll 124-009 Project Name: 2024 Curb and Sldewa o Total Bid yNID ^ Amount: rF p, 4.90% Division 1 Bid Amount: a \0 '1�—�—�0 Primary Contact Person (Namelrelephone) TV;i.-S SO -03g Scope of Work to be Performed (Attach scope/schedule If you need additional space) �1nCC f wcc S.-\Tt WOC\( bgso:� ase�.r�. Version 03115/2024 Contractor's Bid for Public Works - 14 Dollar Amount of WBE Component 3 pages 1 10 Division 2 - WBE Goal: CITY OF SOUTH BEND MINORITY AND WOMEN BUSIN FSS ORM ENTERPRISE INCLUSION PROGRAM PLAN WBE UTILIZATION PLAN Division 2 Bid Amount: Division 3 — WBE Goal: 5.10% Division 3 Bid Amount: \5\ �� 1 O Percentage of Primary contact Person Scope of Work to be Performed Name R Address of WBE (Name/Telephone) (Attach scope/sch e d ule if you need additional space) Cot•Cccwa�'C Sri�W`f7�1945'A� Dwj, Ce tk a�s� Y S ' �k\\o �.1 Version 03115/2024 Contractors Bid for Public Works -15 Dollar Amount of WBE Component -vlo Division 4 - WBE Goal: Name & Address of WBE Division 5— WBE Goal Name & Address of WBE CITY OF SOUTH BEND MINORITY AND WOMEN BUSIN FSS ORM ENTERPRISE INCLUSION PROGRAM PLAN WBE UTILIZATION PLAN 4.54% Primary Contact Person (Namerfelephone) � Oarr 2Z\\ ,wL -Ss o-01> 81 5.16% Primary Contact Person (Namerrelephone) Division 4 Bid Amount: V \ Ari,�> aS7 Percentage of Scope of Work to be Performed Dollar Amount of WBE Total Component Bid/Pro osal (Attach scope/schedule if you need additional space) 0 6< t Division 5 Bid Amount: Dollar Amount of WBE Scope of Work to be Performed Component (Attach scope/schedule If you need additional space) Il , Date Submitted by: Print Name Signature Version 03/15/2024 Contractors Bid for Public Works - 16 DEPARTMENT OF ADMINISTRATION STATE OF INDIANA Division of Supplier Diversity �i =' Eric J. Holcomb, Governor Indiana Government Center South 402 West Washington Street, Room W462 Indianapolis, IN 46204 (317) 232 - 3061 April 30, 2024 Ms. Joann Zeller owl Creek Farm LLC d/b/a Owl Creek Construction 6110 Nurrenbem Rd Evansville, IN 47712 Subject: Application for WBE Certification Dear Ms. Zeller, Congratulations! The Indiana Department of Administration, Division of Supplier Diversity is pleased to inform you that Owl Creek Farm LLC d/b/a Owl Creek Construction is hereby certified as a Women's Business Enterprise (WBE). Your company provides a commercially useful function in the areas listed below. Only work performed in these areas will be counted towards Women's Business Enterprise participation: On September 13, 2010, the Governor's Commission on Supplier Diversity approved the department's effort to streamline its recertification process. Instead of conducting an onsite visit to each company seeking recertification, the department now has the discretion to waive the visit after a thorough review of the company's file and recertification documents. We have approved your recertification and it is valid through April 30, 2027. Please note that IDOA continues to reserve the right to conduct a site visit or phone interview at any time with certified companies. Although your certification is valid for three years, you are required to submit an annual Affidavit of Continued Eligibility (ACE) form year. Instructions on how to receive and complete this form can be y utroie/ located at h s //www m gov/idoa/mwbe/minorianand- rsur- business/. Please remember that you must notify us immediately if any changes occur. Failure to notify us of changes or to provide an ACE form annually will result in the revocation of your certification. Changes include, but are not limited to, changes in location, contact information, ownership, and control. Page 1 of 2 Referencing: Owl Creek Farm LLC d/b/a Owl Creek Construction We encourage you to visit IDOA's procurement website, www.in.gov/idoa/2464.htm and update your Business Registration Profile. You must review and update your profile regularly, because state purchasing agents and prime contractors may use this information to contact you for business opportunities. While this letter serves as notification of certification, it does not serve to prove continued eligibility. Please visit https://www in % ov/idoa/mwbe/2743.htm to verify your certification status. Please contact our office at (317) 232-3061 or mwbeaa,idoa.m.eov it you have any other questions or concerns about your letter. Sincerely, Pt&4. 5&XzA.- Peter Sobun, Director of Certification Indiana Department of Administration Division of Supplier Diversity PS/aw Page 2 of 2 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name 2024 Curb and Sidewalk Construction Project No. 124.009 For Bids Due July 9"', 2024 Contractor Name: �, � ��� on 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. **THIS FORM ONLY APPLIES TO BIDS GREATER THAN $250,000.'* INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section 11 only. Section II 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- 71 of The Responsible Bidding Ordinance No. 10975-23 (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') 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 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 6-71 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 6-71 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 3/15/2024 General Conditions - 11 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-72 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 two -hundred fifty thousand dollars ($250,000.00), 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 Subcontractor(s)") 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 for projects greater than $250,000 and all subcontractors performing work greater than $250,000 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 3/15/2024 General Conditions - 12 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: 00 _ 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) _ 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. By checking this box, I hereby acknowledge that apprenticeship and training programs that I participate in have graduated at least five (5) apprentices in each of the past five (5) years. (iv) _ By checking this box, I hereby acknowledge that all subcontractors performing work greater than $250,000 also meet the qualifications of the Responsible Bidder Ordinance. (b) Attachments: (i) _ 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). 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. 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. (iv) _ For every project, submit 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. This includes, but may not be limited to, letters from apprenticeship coordinators detailing the bidder's association with the program, and the United States Department of Labor Office of Apprenticeship Certificates of Registration of Apprenticeship Programs for each type of work to be performed on the project. Version 3/15/2024 General Conditions -13 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 in provided to the City shall be regarded as public records. 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. (v) _ By checking this box, I hereby acknowledge that apprenticeship and training programs that I participate in have graduated at least five (5) apprentices in each of the past five (5) years. I (vi) _J/ By checking this box, I hereby acknowledge that all subcontractors performing work greater than $250,000 also meet the qualifications of the Responsible Bidder Ordinance. (b) Attachment (i) 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) ✓ (iii) List identifying all former business names. f7n 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) (iv) (L years. Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I 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. (v) For every project, submit 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. This includes, but may not be limited to, letters from apprenticeship coordinators detailing the bidder's association with Version 3/15/2024 General Conditions - 14 the program, and the United States Department of Labor Office of Apprenticeship Certificates of Registration of Apprenticeship Programs for each type of work to be performed on the project. (vi) 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. (vii) 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, (viii) _`� 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. (ix) Z 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. T-.LI Q-ate (City) (State) `qua-sso-o3�1 (Telephone Number) Version 3/1512024 General Conditions - 15 State of Indiana Office of the Secretary of State Certificate of Organization of OWL CREEK FARM LLC I, CONNIE LAWSON, Secretary of State, hereby certify that Articles of Organization of the above Domestic Limited Liability Company have been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Code. NOW, THEREFORE, with this document I certify that said transaction will become effective Saturday, April 07, 2018. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, April 09, 2018 Cox� a%- a".e7�. CONNIE LAWSON SECRETARY OF STATE 201804071250716/7881394 To ensure the certificate's validity, go to https://bsd.sos.in.gov/PublicBusiness5earch Formed pursuant to the provisions of the Indiana Code, BUSINESS H) BUSINESS TYPE BUSINESS NAME PRINCIPAL OFFICE ADDRESS APPROVED AND FILED CONNIE LAWSON INDIANA SECRETARY OF STATE 04/09/2018 09:34 AM 201804071250716 Domestic Limited Liability Company OWL CREEK FARM LLC 6110 Nurrenbem Rd, Evansville, IN, 47712, USA REGISTERED AGENT TYPE Individual NAME Joann Zeller ADDRESS 6110 Nurrenbem Rd, Evansville, IN, 47712, USA SERVICE OF PROCESS EMAIL owlcreekfarmindiana@gmail.com I acknowledge that the Service of Process email provided above is the email address at which electronic service of process may be accepted and is publicly viewable. PERIOD OF DURATION EFFECTIVE DATE EFFECTIVE TIME TITLE NAME ADDRESS Perpetual 04/07/2018 02:22PM President Joann Zeller 6110 Nurrenbem Rd, Evansville, IN, 47712, USA THE LLC WELL BE MANAGED BY MANAGER(S) Yes IS THE LLC A SINGLE MEMBER LLC? Yes Page 1 of 2 - APPROVED AND FILED CONNIELAWSON INDIANA SECRETARY OF STATE 04/09/2018 09:34 AM THE SIGNATOR(S) REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE APPOINTMENT OF REGISTERED AGENT. THE UNDERSIGNED, DESIRING TO FORM A LIMITED LIABILITY COMPANY PURSUANT TO THE PROVISIONS OF THE INDIANA BUSINESS FLEXIBILITY ACT EXECUTES THESE ARTICLES OF ORGANIZATION. IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE STATEMENTS CONTAINED HEREIN ARE TRUE, THIS DAY April 7, 2018. SIGNATURE TITLE Joann Zeller Authorized Agent Business ID: 201804071250716 Filing No : 7881394 - Page 2of2- State of Indiana Office of the Secretary of State Certificate of Assumed Business Name of OWL CREEK FARM LLC I, HOLLI SULLIVAN, Secretary of State, hereby certify that a Certificate of Assumed Business Name of the above Domestic Limited Liability Company has been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Code. Following said transaction, the above named entity will transact business under the assumed business name(s) of: OWL CREEK CONSTRUCTION NOW, THEREFORE, with this document I certify that said transaction will become effective Friday, January 14, 2022. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, January 14, 2022. HOLLI SULLIVAN SECRETARY OF STATE 201804071250716/9284972 To ensure the certificate's validity, go to https://bsd.sos.in.gov/PublicBusinessSearch - Construction Ow[))�l1CR K 2024 Curb and Sidewalk Program Staffing Capabilities (Labor Sources)- We have 5 full-time employees and 2 part-time employees. We are signatory to the Laborer's Union and will draw from that pool of workers as needed. Individuals who will perform work will be properly classified as employees under all applicable state and federal laws and local ordinances. Owl Creek Farm, LLC DBA Owl Creek Construction 6110 Nurrenbern Rd. Evansville, IN 47712 (c) 812-550-0381 owlcreekfarmin@gmail.com Oedioated to Oualitg, Value and Satetg ASSENT OF PARTICIPATION To the Board of Trustees of: Indiana Laborers Welfare Fund Indiana Laborers Pension Fund Indiana Laborers Training Trust Fund Indiana Laborers Defined Contribution Trust Fund The undersigned Employer hereby agrees to become a party to and bound by the Agreement and Declaration of Trusts as amended and restated (the "Trust Agreements") of the Indiana Laborers d Carriers Welfare Fund), IneFund (f/h/a Indiana state District Laborers Pension Fun (91da Indiana State c State District Council ofo Indiauncil of na Laborers and Hod Carriers Pension Fund), Indiana Laborers Training Trust Fund, and Indiana Laborers Defined Contribution Trust Fund (the "Funds") entered into by and between the Laborers International Union of North America (the "Union"), State of Indiana District Council and certain employers' associations and/or employers. The Funds re for the purpose of providing Welfare, Pension and Training/Apprentice- ship benefits for certain members of the Union and/or certain employees who are employed by employers who enter into a contractual agreement with the Union whereupon the employers agree to pay to the Funds specific amounts in order to enable the Funds to provide Welfare, Pension and Training/Apprenticeship benefits. It is the desire of the undersigned Employer to participate and become part in the same manner and form as any other participating employer, and does hereby bind itself (or myself/ourselves) to the terns and conditions of such Agreement and Declaration of Trusts of the Funds; without reservation, either oral or in writing, and hereby waives any other manner or means to associate or participate in said Funds. The undersigned certifies that he/she is authorized to execute this Assent of Participation as an Employer or on behalf the Employer. The undersigned Employer upon execution hereby assents and consents itself (or myself/ourselves) to be an Employer as defined by the Trust Agreements and agrees to the terms and conditions as stipulated in said Trust Agreements. Signed this day of 1��� 2 n �4 In the County of�w_ State of.::�J!,\_, L, Ll Signature of witness Laborers Local Union No. So ( a C. � Ca�c�r 0,, Name of Employer (Signat re of Repree tivea� of Emp dyer and Title) ` Is- \T\°\0.%0 Federal Identification Number r� Address: V\\O NV�`l`E�.�ptC n \tix City/State:h _ %- t !J Zip Code: %,j►\\'>, ACCEPTANCE OF WORKING AGREEMENT BUILDING AND CONSTRUCTION AGREEMENT and UTILITY AGREEMENT Effective from April 1, 2021 through March 31, 2024 The undersigned has read and hereby approves the Contractors -Laborers Working Agreement by and between the AGC OF INDIANA, INC. (AGCI) and the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, STATE OF INDIANA DISTRICT COUNCIL, for and on behalf of LOCAL UNION #561, and herewith accepts the same and becomes one of the parties thereto. Any deletions, exceptions or alterations to this Acceptance will be void and of no force or effect. DATED THIS DAYOF _ \M4 20 a� EMPLOYER: _ COMPANY STREETADDRESS CITY & STATE_\n�.� MAILING ADDRESS (if different than above) � CITY & STATE PHONE�)T�.\S FEDERAL ID# FAX (_1 E-MAIL (^t,,4\C ARE YOU A CERTIFIED MBE, WBE, VBE OR DBE CONTRACTOR? PLEASE CHECK AND COMPLETE: MBE 'WBE VBE 1--'DBE UNION: DATE CERTIFIED WHOM DATE CERTIFIED S (J BY WHOM DATE CERTIFIED WHOM DATE CERTIFIED -:3r. Aj BY WHOM LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, STATE OF INDIANA DISTRICT COUNCIL BY Local Union Repre ntative RETURN A SIGNED COPY T0: LABORERS' INTERNATIONAL UNION OF NORTH AMERICA STATE OF INDIANA DISTRICT COUNCIL 425 SOUTH FOURTH STREET TERRE HAUTE, INDIANA 47807 PHONE: 812-235-6083 FAX: 812-232-4420 EMAIL: InMc@inlac.org 561B 2021-2024 ACCEPTANCE OF WORKING AGREEMENT Effective from April 1, 2022 through March 31, 2027 The undersigned has read and hereby approves the Contractors -Laborers Working Agreement by and between the Laborers' International Union of North America, State of Indiana District Council, for and on behalf of LIUNA Locals #120, #204, #213, #274, #561, #645, 4741, H795 and #1112 and Indiana Constructors, Inc. — Labor Relations Division (ICI-LRD) operating in the State of Indiana and herewith accepts same and becomes one of the Parties thereto. Any deletions, exceptions or alterations to this Acceptance will be void and of no force or effect. EMPLOYER- DATED THIS ` DAY OF &.m 20 -0MPANY NAME L )\,\I \ 000\L r,. E E 1, N\ En \ n i - f, s TITLE OR AUTHORITY ' STREET ADDRESS CITY & STATE)`V 21P \^�R1�' MAILING ADDRESS (IIfdiJjerentthan above) nfV,—JL CITY & STATF PHONE ) S�l)` O3a I FEDERAL ID_�S� FAX E-MAIL_�VV\CC'P 4�tC-i�t`lA.._!a r- hR t� ARE YOU A CERTIFIED MBE, WBE, VBE OR DBE CONTRACTOR? PLEASE CHECK AND COMPLETk. E: MBE � DATE CERTIFIED _AI<WBE o DATE CERTIFIED VBE DATE CERTIFIED _DBE �Q �'� DATE CERTIFIED UNION: LOCAL UNION REPRESEN ATIV BY _ BY WHOM BY WHOM _ BY WHOM BY WHOM USORERS' INTERNATIONAL UNION OF NORTH AMERICA STATE OF INDIANA DISTRICT COUNCII .sssomr.aw..smn TW: Wxl'lairyr, ICI-LRD • M memAilP SNerp x M 1&C.9PiE<MPWiF'. x M ^umt+-Pe'.SwN 9. x Q ,CIe CY.-0artl5se x Q F; :mr, x Q'N9f-ha lee> x Q S6i &va�q Pgme x a F.e�. - =s-lsf x Q >4�SMS.eymn x i — O X f ('i fxilVeuury.�v:'Su:en-taWS.Mrt-(ertif M<OTpauPZMmMw * • r�Y�l i p ur6-a.��o W West American Insurance Company (NAIC #44393) BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $5,152,000. SURETY LICENSES c,f/: AL. AK. AZ, AR, CA CO, CT, DE, DC, FL GA. ID. IL, IN, IA, KS. KY, LA, ME, MD. MA, ML MN. MS, MO. MT, NE. NV, NH. NJ, NM, NY. NC. ND, OR OK. OR, PA RI. SC. SD, TN. TX, UT, VT, VA WA WV, WI, WY. INCORPORATED IN: Indiana. WEST BEND INSURANCE COMPANy4 (NAIC #15350) BUSINESS ADDRESS: 1900 South 18th Avenue. West Bend, WI 53095. PHONE: (262) 334-5571. UNDERWRITING LIMITATION b/: $147,341,000, SURETY LICENSES C,f/: AL AK AZ, AR, CA CO, CT. DE. DC, FL GA. HI, ID. IL, IN, IA KS, KY. LA ME, MD. MA MI. MN, MS. MO. MT, NE. NV. NH, NJ. NM, NY, NC, ND, OH, OK OR PA RI, SC. SD, TN, TX. UT. VT. VA, WA WV, WI, WY. INCORPORATED TN: Wisconsin. Westchester Fire Insurance Company (NAIC #10030) BUSINESS ADDRESS: 436 Walnut Street P.O. Box 1000, Philadelphia. PA 19106. rU' ]IIIlF4III Owl Creek Farm, LLC Employee Handbook Effective 11124121 Revised 12101122 Table of Contents Welcome to Owl Creek Farm, LLC 4 Introduction 5 General Employment Policies and Practices 5 Equal Employment Opportunity 5 Introductory Period of Employment 5 E-Verify 5 Hours of Work 7 Attendance and Punctuality 7 Dress Code and Safety 8 Personnel Records 8 Performance Reviews, Salary Reviews 9 Cell Phone Usage 9 Substance policy 9 Smoking 9 Substance Abuse 9 Alcohol 9 Safety and Accident Rules 10 Workplace Violence Prevention Policy 10 Anti -Discrimination and Harassment 11 Discrimination Is Prohibited 11 Americans with Disabilities Act 11 Workplace Harassment 12 Supervisors' Responsibilities 13 Procedures for Reporting and Investigating Harassment 13 Discipline Progressive Discipline Policy 14 Compensation 15 Payroll Practices 15 Salary Deductions and Withholding 15 Direct Deposit 16 Benefits 16 General 16 Bonus Opportunities 16 Workers' Compensation Insurance 17 Holidays, Vacation and Other Leave 17 Vacation 17 Holidays 18 2 Family and Medical Leave 18 Military Service Leave 18 Break Time for Nursing Mothers 18 Jury Duty 19 Sick Leave Policy 19 Miscellaneous 20 Training and Development Policy 20 Acknowledgement of Receipt of Owl Creek Farm, LLC Employee Handbook 21 Cell Phone Usage You should use common sense and your best judgment when making or receiving personal cellular phone calls at work. To the extent possible, employees should make personal cell phone calls during their breaks or lunch times. The use of cameras on cell phones during work hours is prohibited to protect the privacy of the Company as well as of fellow employees. However, this restriction will not apply to any recordings made in the exercise of any rights granted to an employee by federal law. Smoking Smoking must follow all state regulations and also those of your current workplace setting Drug Free Workplace Policy Revised 12/01/22 Owl Creek Farm, LLC is committed to being a drug -free and safe work environment. Our employees must be physically and mentally fit to perform their duties in a safe and efficient manner. Therefore, no employees shall work or report to work while under the influence of alcohol, illegal drugs, or any substance that would affect his/her ability to perform the job in a safe and efficient manner. No employee shall consume, display, or have in his/her possession, including the workplace or in company vehicles, alcoholic beverages, or illegal drugs at any time during the workday, including lunch and breaks. To do so could jeopardize the safety of other employees, company equipment, and the company's relations with the public, and is a prime cause for disciplinary action, up to and including discharge. The exception to this rule is when the Owner at company functions or other business activities, authorizes consumption of alcoholic beverages. When employees are required to take any kind of prescription or nonprescription medication that may potentially affect their job performance, they are required to report this to their immediate supervisor, who will determine if it is necessary to temporarily place them on another assignment or take other appropriate action. To protect the best interests of employees and public, the company will take whatever measures are necessary to determine if alcohol or illegal drugs are located on or are being used on the work site. Measures that may be used will include but not be limited to searches of people and of personal property located on company premises, which may be conducted by law enforcement authorities or by management. We maintain a random drug testing program that includes; 1) A five -drug panel that tests for the following drugs: amphetamines, cocaine, opiates (2,000 ng/mL), PCP and THC; 2) All the employees are subject to at least annual testing, and at least one -twelfth of 25 percent of the workforce shall be selected randomly each month for testing. 3) The progressive discipline for employees who fail the drug test is as follows: (a) The first positive test shall result in a 30-day period of ineligibility for work, and upon returning to work, one year of unannounced follow-up testing; (b) A second positive test shall result in a 90-day period of ineligibility for work, and upon returning to work, one year of unannounced follow-up testing; (c) A third positive test shall result in a one-year period of ineligibility for work, and upon returning to work, one year of unannounced follow-up testing; and (d) Any subsequent positive test shall be treated the same as a third positive test. When urinalysis and/or blood tests are requested or necessary, samples will be taken under the supervision of an appropriate health-care professional. The above -mentioned searches and drug tests will not be conducted if an individual refuses to submit; however, refusal to submit will result in immediate removal from service and may result in termination. Employees experiencing problems with alcohol or other drugs are urged to voluntarily seek assistance to resolve such problems before they become serious enough to require management referral or disciplinary action. If you have questions regarding this policy or issues related to drug or alcohol use at work, you can raise your concerns with your immediate supervisor or owner without fear of reprisal. Under the Drug Free Workplace Act, if you perform work for a government contract or grant, you must notify Owl Creek Farm, LLC if you have a criminal conviction for drug -related activity that happened at work. You must make the report within five (5) days of the conviction. Medical Marijuana Card/Use Policy Effective 11124121 Employees who have been legally issued medical marijuana cards will not be discriminated against in the workplace. However, employees may NOT be under the influence of marijuana to the extent they are impaired in the workplace. Smoking or possessing marijuana during work hours on the employer's or customer/client premises is strictly prohibited. Should an employee exhibit signs of impairment, the situation will be treated under the Drug and Alcohol procedures outlined in our policies. Being impaired in the workplace may lead to termination of employment. Some positions are designated "safety sensitive" positions which are shown on your job description. If you are in a safety sensitive position, medical marijuana card protections are not applicable if you test positive for marijuana. Safety and Accident Rules The Occupational Safety and Health Act (OSHA) requires all employers to provide a safe and healthful workplace for their employees. In this regard, it is important that adequate policies and procedures be developed and adhered to in order to endure safe, efficient operating conditions, thereby safeguarding employees and facilities. 10 OCF JOB LIST Creek Construction Concrete Projects ustomer Project Description Location fort KY Bus Pads 2021 Concrete Bus Pads around city Various sites in Frankfort KY !stown Sidewalk Repair Sidewalk Repair/Replace _ Mousing Authority Charlestown IN fstown Pkg_2 Sidewalk Repair/Replace Housing Authority Charlestown IN _ V in Versailes- PO KCT-01300 Concrete/Sidewalk Repar KCTCS Procurement, 300 N. Main St. 105216 Services Versailles KY 40383 one Paducah for Texas Concrete pads, walks, bollards and masonry Group openings E & B Paving Frankfort KY Bus Pads 2023 of Greencastle of Greencastle IN METS parking lot repair and sidewalks Concrete Bus Pads around city 2023 Sidewalk Remove and Replace_ 2024 Sidewalk Remove and Replace �3021 New Holt Rd 601 john St. various sites in Frankfort KY -vanouslocations in Greencastle various locations in Greencastle Date Completed Billed amount Contact Information 8/6/2021, 38,600 Jennifer Hall 502-320-9013 jmhall@frankfort.ky.gov 12/14/2021 34,416 Ed Revers 502-379-7317-ereversl7@gmaii.com Mike Shelton 812-406-8169 12/14/2021. 29,583 msheltoncha@mw.twcbc.com 27,268.90 Rick Boggs 502320-9940 richard.boggs@kctcs.edu 9/23/20221 90,297.98 Ryan Weber 281-739-8159 9/15/20221 34,987.60 Luke Hildenbrand 812-475-1363 _ 5/24/202-3 _ 34,980.81 Jennifer Hall 5_02-320-901_3 jmhall@frankfort.ky.gov 4/20/2024i 274,864.89 Jeff Mahan jeff@cityof greencastle.com 317-563-28' aRress 1 126,108.00, Jeff Mahan jeff@cityof greencastle.com 317-563-281 J 1316 Cott[rn-Crrr Blm.Oulc 2. PHONE 574/235-9251 227 W. JEr UON BOUT. YARD d FAX 574/ 235-9171 SOUTH BEND, IND04NA46601-1830 TDD 5741235-5567 . f � INF5 CITY OF SOUTH BEND JAh[ES MUELLER, MAYOR Date: To: From Subject BOARD OF PUBLIC WORKS 7/l /2024 All Plant Theresa Heffner, Clerk, Board of Public Works Addendum Number: I Project Name: 2024 Curb and Sidewalk Project No.: 124-009 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: , \ - \— D a. This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Authorized Date: � " 0-%' - Addendum No.1 2024 Curb and Sidewalk Program Project No. 124-009 Date: July 191, 2024 To: All Planholders From: Gamma Stanton, Project Engineer You must acknowledge a receipt of this addendum by signing the first page and returning a copy with your bid. The followina clarifications to the contract documents are Provided: Q: Should the current quantities for Topsoil & Seed be increased to accommodate the 1' to 2' disturbed areas behind the new sidewalks? A: Quantity of Topsoil & Seeding will not be increased to accommodate the 1' to 2' disturbed area behind the new sidewalk. This item will not be paid for separately as described in item XXV. B. 3. Q: Could you please clarify the required curb patch material between the new curb and saw cut area. City standard 2-35 illudes to a concrete gutter. However, specifications mention HMA. Which patch material is acceptable? A: City Standard 2-35 does not specify a gutter material. The gutter should match the existing street material as described by the revision to Section XXVII below. Q: Per our conversation on Monday, we will construct the curb ramps per ADA guidelines and not to any specified markups. However, are there any return curbs that will be installed at these curb ramps? A: Return curbs will not be required at the locations of ADA ramps in this project. Surrounding areas should be graded to match elevation of curb ramp. Q: At 1520 Ruskin St where we are to replace the bricks in his tree lawn sidewalk, are we to replace them to match the existing, or is there a specific material we will need to utilize? A: At 1520 Ruskin St, brick replacement refers to temporarily moving the existing brick walk and replacing the same bricks after sidewalk construction. The followina information should be changedladded to the contract documents special Provisions: A. Section XXVII. Concrete Curb, Modified Part B 1. The pay item CONCRETE CURB, MODIFIED shall include installing new curb in accordance with the plans and special provisions herein. When the prospective Contractor is unable to cetWfy 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 M N ) ) SS: V 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 not 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. It. 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 if. 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 Elie 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. Version 03/1512024 Contractor's Bid for Public Works -4 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 bidlquote; 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, orjoint 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, terns, 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 dots 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 W omen's Business Enterprise (")ArBE") 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. 1, 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 (1.C. 5-I6.8-1).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 unrcasonable. 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 03/15/2024 Contractor's Bid for Public Works - 5 may result in forfeiture of contractual payments. ti♦ 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 day of Vt'n 20ay �6 tractor/Bidder (Firm Stgnatu of Contractor er or Its Agent Printed Name and Title Subscribed and sworn to before me this oy_� dlQ'f�20�a U My CommissionExpires �'io'a©��P tL(ltnt� e NotaJryPublic /- County of Residence i/U11 CIP P�71. ::w,-.., DONNA C. MARTIN e SEAL Resident of Vanderburgh County, N •' Commission Expires: June 6, 2026 Commission 4 714151 Version 03/15/2024 Contractor's Bid for Public Works • 6 OCF JOB LIST Creek Construction Concrete Projects ustonter Project Description t KY Bus Pads 2021 twn Sidewalk Repair 1 Charlestown Pkg 2 KCTCS in Versailes- PO 2100005216 AutoZone Paducah for Texas Alliance Group Concrete Bus Pads around city Sidewalk Repair /Replace Sidewalk Repair/Replace KCr-01300 Concrete/Sidewalk Repar Services Location Various sites in Frankfort KY Housing Authority Charlestown IN Housing Authority Charlestown IN KCTCS Procurement, 300 N. Main St Versailles KY 40383 Concrete pads, walks, bollards and masonry openings 13021 New Halt Rd E & B Paving ME_TS parking lot repair and sidewalks Frankfort KY Bus Pads 2023 Concrete Bus Pads around city City of Greencastle IN _ _ 2023 Sidewalk Remove and Replace City of Greencastle IN 2024 Sidewalk Remove and Replace n St. sites in Frankfort KY locations in Greencastle locations in Greencastle Date Completed Billed amount Contact Information I I 8/6/2021 38,600 Jennifer Hall 502-320-9013 jmhall@frankfort.ky.gov 12/14/2021 34,416 Ed Revers 502-379-7317 ereversl7@gmail.com Mike Shelton 812-406-8169 12/14/2021 � 29,583 msheitoncha@mw.twcbc.com 10/21/21 27,268.90 Rick Boggs 502-320-9940 richard.boggs@kctcs.edu 9/23/2022 90,297.98 Ryan Weber 281-739-8159 9/15/2022 34,987.60 Luke Hildenbrand 812-_475_-1363 5/24/2023 34,980.81 Jennifer Hail 502-320-9013 jmhall@frankfort.ky.gov 4/20/2024 274,864.89 Jeff Mahan Jeff@cityof greencastle.com 317-563-2850 ress 126,108.00 Jeff Mahan jeff@cityof greencastle.com 317-563-2850 ALIGN July 5, 2024 Subject: Owl Creek Construction Recommendation Letter To whom it may concern, I am writing this letter to state my official recommendation for Owl Creek Construction for any sidewalk and concrete construction needs. Functioning as the City Engineer for the City of Greencastle, IN, I have overseen the City's annual Sidewalks contract for the last several years. For the last two contracts (2023 & 2024), Owl Creek Construction was the successful bidder and I have had the pleasure of working with them. Owl Creek, through their superintendent Dave Rearden, has proven to be both responsive and competent, completing the needed sidewalk replacements to the satisfaction of the City and its Public Works Department. They are always willing to make adjustments as needed to provide the best product upon completion. Owner Joann Zeller has also been easy to work with, providing needed paperwork in a timely manner and being responsive to any invoicing comments and questions we may have. We look forward to working with Owl Creek Construction again in the future and I am happy to recommend them to any company or municipality who wants a good team to help them out. Sincerely, /JeMahan PE Principal jell@aligncec.com 1285 South Jackson Street, Suite B Greencastle, IN 46135 765.6536710 ALIC, PFC-COO kEB A R C H I T E C T S October 10, 2023 Attn: Jonathan Siebeking 601John Street Evansville, IN 47713 RE: Owl Creek Construction Dear Mr. Siebeking; REB Architects worked with Owl Creek Construction recently on a project at the Housing Authority of Richmond, Richmond, KY. The project consisted of demolition of an existing front porch which was sinking, earthwork to stabilize the area, and re -construction of the new front porch, including slab, columns, roofing, and finishes. Owl Creek Construction was a pleasure to work with. They went above and beyond what was necessary to ensure a satisfactory final product. Their communication with both myself and the owner was excellent from preconstruction through closeout, including notifying me of any uncovered site conditions which differed from expected, and offering proposed solutions. The project was completed on time and was of good quality. All paperwork including pay requests, pay roll summaries and insurance were provided timely and in good order. The project closed out as expected and no items are outstanding. Sincerely, Kelly Muehle AIA REB Architects, PLLC October 10, 2023 To Whom It May Concern, It is with much enthusiasm that I am writing to recommend the services provided to the City of Frankfort/Frankfort Transit by Owl Creek Construction. The City of Frankfort has contracted with Owl Creek Construction since 2020 for the construction of bus shelter cement pads and sidewalk repairs. Owl Creek Construction has always provided quality service while oftentimes, finding ways to decrease project costs. Owl Creek Construction is a very "hands on company" that communicates well with the City s project managers and coordinates with many different entities to provide on time completion of their projects. Joann and her amazing team are always a pleasure to work with and have become part of our extended work family. We look forward to working with them every year on various projects throughout the City of Frankfort. I am very happy to recommend the services of Owl Creek Construction. If you have any questions, please feel free to contact me. Sincerely, Jennifer Hall Frankfort Transit Superintendent (502)320-9013 jmhall@frankfort.ky.gov �) E&B PAVING October 9, 2023 Jonathan Siebeking 601 John Street Evansville, IN 47713 Re: Letter of Reference - Owl Creek Construction Jonathan, Please let this serve as a Letter of Reference in regards to Owl Creek Construction on behalf of E&B Paving for potential future work on the Mets Evansville - 2023 Bus Pad Project. E&B Paving has worked with Owl Creek Construction on a past parking lot improvement job that took place at the Mets Evansville location, and was pleased with the quality and workmanship Owl Creek performed. We believe Owl Creek Construction will provide Mets the quality, and workmanship that is expected. Sincerely. Chase Holzmeyer Project Manager AN EQUAL OPPORTUNITY EMPLOYER .............................................................................................................. Evansville Area 21 Office 10900 Telephone Rd. Chandler, IN 47610 PHONE 812 4751363 www.ebpaving.com Section II Plan and Equipment Questionnaire South Bend 2024 Curb and Sidewalk Program • Our plan to complete this program would be similar to effective plans we have utilized in Charlestown IN and Greencastle IN. We would begin work in late July or early August depending on Notice to Proceed. Our core team of 5 FT workers will be supplemented with laborers from the hall as needed. We tear out, form up and perform backfill on appropriate sized sections so as to leave as little torn up in the city as we need to. Subcontractors: West Central Contracting Inc. ( Asphalt) 3072 E. U.S.Hwy 40 Brazil, IN 47834 Gary Nugent (Excavation) GN Excavating and Trucking Corp. Lewisport, KY 42351 Hassler Trucking (Trucking) 6979 S. Co. Rd 445 W Greencastle IN 46135 Casey Electric (Electrical work on USDA project) 2037 Main St. Tell City, IN 47586 • SubContracted Work K & R Tree Service LLC 1724 S. Grant St. South Bend IN 46613 - Tree Removal and Planting: • Equipment Listing 305 Mini -Excavator, Dump Cart, Tractor with Tiller, Plate Compactor, Jack Hammer, Concrete Saw, Safety Signage. Dedicated to Quality, Ualue and Safety Bw[�gEqu • Contracts in place. We have an account in place with Boyd Cat Rental for any additional equipment needed and multiple concrete plants including IMI. We have a quote provided to us by K & R Tree Service there in South Bend. Owl Creek Farm, LLC DBA Owl Creek Construction 6110 Nurrenbern Rd. Evansville, IN 47712 (c) 812-550-0381 owlcreekfarmin@gmail.com Dedicated to Quality, Ualae and Safety 1410=29MRNW- Bond Number: 2580594 Bid Bond KNOW ALL BY THESE PRESENTS, That We, Owl Creek Farm LLC dba Owl Creek Construction as Principal, and WEST BEND MUTUAL INSURANCE COMPANY, a corporation organized under the laws of the State of Wisconsin and having its principal office in West Bend, Wisconsin, in said State, as Surety, are held and firmly bound unto City of South Bend, Indiana Board of Public Works as Owner, in the full and just sum of Five Percent ( 5 %) of amount bid for the payment whereof said Principal binds its heirs, administrators, and executors and said Surety binds itself, its successors and assigns firmly by these presents WHEREAS, said Principal has submitted to said Owner a bid or proposal for Sidewalk Curb Ramp, Tree - Remove and Replace NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within Sixty days hereof and in accordance with said proposal a contract shall be awarded to said Principal and the said Principal shall enter into a contract for said work and shall furnish bond with surety as required for its faithful performance then this obligation shall be void, otherwise remain in full force and virtue. Signed and Sealed this 9 day of Principal: 20 24 Owl Creak Farm LLC dba Owl Creek ion CA� (SEAL) WitneName Type: Joann Zeller, McZmVr_ Title Witness: L� 11-� Agency Name: Address: Surety: West Bend Mutual Phone Number: (8121 M-5739 MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 500.2236. NB 0192 04 22 Page 1 of 1 1900 S 1Bin Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilvedining.com `�wrt EST BEND'" POWER OF ATTORNEY Bond No. 2580594 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/112024), a corporation having Its principal office in the City of West fiend, Wisconsin does make, constitute and appoint: MISTY PARKER lawful Attomey(s)4n•fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of: Thirty Million Dollars ($30,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Insurance Company by unanimous consent resolution effective the 16t dayof January 2024. Appointment ofAttorney-In-pact The president or any vice president or any other officer of West Bend Insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution ofand attesting of bondsond undertakings and other written obligatory fnstrumentsoflike nature. The signature ofany officer authorized hereby and the oorporate seal maybe affixed by facsimile to any such power of attorney or to any certificate relating therefore and any such power ofattorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the company, and anymch power 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 or other writing obligatory in nature to which it is attached. Any such appointment maybe revoked, for cause or without cause, by any said officer at any time. Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company. In witness whereof, West Bend Insurance Company has caused these presents to be signed by Its president undersigned and its corporate seal to be hereto duly attested by its secretary this 1st day of January 2024. \,,,,ll" Attest --— Cfuisto her C. Zg rd t Secretary 2�PPo rF p'. m LUi SQL ;= Robert J. Jacques !' 1: gf ya� President State of Wisconsin County of Washington On the 13t day of January 2024, before me personally came Robert Jacques, to me known being by duly swom, did depose and say that he is the President of West Bend Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. 6ENFo,,y ad orporste Attorney OP'WIScO `` Not ry Public, Wasbington Co., Wit 1, , , 011 My Commission is Permanent The undersigned, duly elected to the office stated below, now the Incumbent in West Bend Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full face effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this gin day of July 2024 \\\\ SU rule". yr�5{rf SEAL , a:: Christop er C, Z a sv'1�57 F�a�ee Secretary 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236.5010 1 Fax: (877) 674.2663 1 www.theslivedining.com M w>a,;w.;,p,,; x h r.;c ontt cxuncE x !N cma. na,xmnd x x .�owsw O r.o.am N 0 u2t-xcr. aa>r� x 0 sei a,aasa+vms, • ®s.nr, eo.ms-im x p p.em.0 rzy,vn N i E C : tucattreasurygov; wrery-xwsNn�<enixea�comoamr�n<m� W West American Insurance Company (NAIC #44393) BUSINESS ADDRESS: 175 Berkeley Street, Boston. MA 02116. PHONE: (617) 357-9500. UNDERWRITING LIMITATION b/: $5.152,000. SURETY LICENSES LB: AL AK AZ. AR. CA, CO, CT, DE, DC, FL. GA, ID. IL, IN. IA, KS, KY. LA. ME. MD, MA, MI, MN. MS, MO, MT. NE. NV. NH, NJ, NM. NY. NC. ND. OR OK OR, PA RI. SC. SD, TN, TX. LIT. VT, VA WA WV, WI, WY. INCORPORATED IN: Indiana. WEST BEND INSURANCE COMPANY4 (NAIC #15350) BUSINE55 ADDRESS: 1900 South 18th Avenue, West Bend. WI 53095, PHONE: (262) 334-5571. UNDERWRITING LIMITATION b/: $147,341,000. SURETY LICENSES C,f/: AL AK AZ. AR. CA CO, CT, DE, DC. FL GA, HI. ID, IL. IN, IA. KS, KY, LA ME, MD. MA MI, MN, MS. MO, MT. NE. NV, NH, NJ. NM, NY, NC, NO, OH, OK, OR, PA, RI, SC, SO, TN, TX, UT. VT VA WA. WV, W I, WY, INCORPORATED IN' Wisconsin. Westchester Fire Insurance Company (NAIC #10030) BUSINESS ADDRESS: 436 Walnut Street, P.O. Box 1000, Philadelphia. PA 19106, O x R � rMsn,mau ; AMr ,-, CL 16 19 It 13 ails Q e C 4 090 ' AmSwuIJ