HomeMy WebLinkAboutVI. 4. Restaurant RFQ 8.20.18REQUEST FOR QUALIFICATIONS
for FOOD SERVICE OPERATOR
The CITY OF SOUTH BEND’S DEPARTMENT OF VENUES PARKS & ARTS (VPA) acting by and through its
BOARD OF PARK COMMISSIONERS (BPC), in releasing this REQUEST FOR QUALIFICATIONS (RFQ), intends to
pursue a contract with a FOOD SERVICE OPERATOR (FSO) who will be responsible for managing and
operating a food, beverage, and optional catering service at the newly developed PUBLIC CAFÉ, BAR, AND
OUTDOOR PATIO (VENUE) connected to the Howard Park Community Center.
ISSUED: August 20, 2018 SUBMISSIONS
DUE: October 15, 2018
Page | 2
CONTEXTUAL INFORMATION
Background
In 2016, the City of South Bend engaged in a process to evaluate the entire scope of potential investment in
its parks and trail systems along the St. Joseph River with the internationally recognized design firm
SmithGroup JJR. This process, referred to as the SB Riverfront Parks and Trails Conceptual Framework,
uncovered a robust vision to enhance South Bend’s riverfront, taking full advantage of its environmental,
recreational, and economic potential. SmithGroup JJR identified Howard Park as a premier location in the
City’s portfolio of parks and recommended a variety of enhancements that would develop the park as a
prominent, four-season destination for the entire region. These recommended enhancements included a
new plaza entry, two new mixed-use buildings, an interactive water feature, an ice skating trail, a unique
child play area, a central event lawn, and an upgraded riverwalk area among other elements. This first-class
project is envisioned to serve as an anchor to the estimated $120 million worth of mixed-use private
investment occurring along the riverfront.
To bring the vision to life, the City of South Bend has identified $15 million dollars for the first phase of the
Howard Park improvements. The City hired Alliance Architects to design a state-of-the-art, LEED certified
community and recreation center with an attached café / restaurant and a modern water and ice feature
with a signature playground designed for universal access, intergenerational play, and discovery. With
these additions, the park will become a high activity public space, and a major destination for residents and
visitors alike.
Coinciding with the Howard Park construction are several other projects that connect to the park and
improve connectivity to the rest of the city. Most notably, this includes over $5 million investment in the
adjacent Seitz Park along the East Race whitewater rafting course, and an additional $4.25 million in
Riverwalk improvements and trail upgrades that connect Howard Park to several other parks,
neighborhoods, and other prominent attractions in South Bend.
Howard Park Project Description
The Howard Park project is truly the first of its kind in many ways and will be one of South Bend’s most
prized assets when complete. The investment in Howard Park will be transformative to the city’s landscape
and a significant addition to the list of attractions bringing people to the city – new residents, visitors,
business owners, and developers alike.
The redeveloped park will boast a four-season venue with fully accessible indoor and outdoor amenities.
The urban park is designed to encourage use by a network of shared-use riverwalk trails suitable for both
pedestrian and cyclists. There is an approach to the park’s major amenities from all four directions.
Replacing the previous ice rink will be the 16,000-square foot ice feature that transforms into usable park
space in warmer seasons. During winter months, an ice skating pond and trail will gently extend along
contours and over a bridge into the park, giving visitors a one of a kind winter skating experience.
Surrounding the ice skating area will be several firepits with seating and landscaping. In warmer weather,
the ice feature will be integrated in the park landscape as a patio space and path for public use.
As signature as the ice will be in the winter, a primary summer draw is a 1,500-square foot interactive series
of water fountains and jets featuring a colorful lightshow that turns the fountain into a nighttime attraction.
Nearby will be an accessible 13,000 square foot state-of-the-art contoured playground which is “contained”
Page | 3
within the surrounding ice trail. The park is served by a support facility which contains restrooms, skate
rental, concessions and maintenance. Architectural lighting will artistically adorn areas of the park along
with a modern yet modest sound system will be enjoyed in select recreational areas. Finally, directly in
view of the iconic South Bend River Lights, will be a new event lawn – capable of accommodating major
festivals, concerts, and events that exceed 3,000 in capacity.
Accompanying to the skate trail, water fountain and playground is a mixed-use community center. The new
building will be situated at the corner of Jefferson Boulevard and St. Louis Boulevard, modeling the urban
area surrounding the park by bringing the building to the street edge for a vibrant, active space. Illustrating
our commitment to sustainability, the building will be LEED v4 certified, perhaps the first in the state to
claim this designation. It will feature standard setbacks, quality streetscaping, on-street/off-street parking
and generous plaza space around the building to create spaces for outdoor dining, reading, relaxing and
conversation. The facility provides spaces for all seasonal activities, from educational to fitness to social
events. Located at the west end of the facility is a restaurant/café space, which boasts commanding views
of the park and the St. Joseph River, from both indoor and outdoor seating options (collectively referred to
as VENUE in this RFQ).
Construction on the new building, adjacent ice/water feature and playground has begun with an estimated
completion of Fall 2019. EXHIBIT A includes several relevant renderings of this project. Additional
renderings and context of this project and others described within can be found at
www.mysbparksandtrails.com
Park Location & History
Situated in the East Bank Village district of downtown South Bend, Howard Park was the city’s first public
park. Originally a dumping ground, Howard Park was dedicated in 1878 by Councilman Timothy Howard to
become a “public pleasure ground for the use of the citizens of South Bend.” WPA-era improvements
included heavy native landscaping and trail work that still are present along the wall bordering the river.
Most recently, Howard Park was home to a recreation center with a focus in senior programming and an ice
rink that was open for over 60 years until it was removed after reaching its full lifecycle.
The 12-acre park runs along the St. Joseph Riverfront and is interconnected to the riverfront trail system
that stretches from Mishawaka to the Michigan state line. The park is 1.2 miles from the University of Notre
Dame and St. Mary’s College, .25 miles from the Century Convention Center which brings in thousands of
visitors each year, and .3 miles from the heart of downtown. Construction is currently underway on the
property adjacent to the park that is transforming a former brownfield site into a residential development
of 43 single-family homes and 41 townhomes. The new Howard Park building will face Jefferson Boulevard,
the main commercial corridor of the East Bank Village consisting of several local boutiques, a wide-
spectrum of dining options, $80M worth of mixed-use redevelopment projects, and the promise for much
more to come.
City and Regional Information
South Bend is the economic, educational, media, and cultural hub of a multi-county region spanning the
Michigan-Indiana border. The city spans a land area of 45 square miles, and is the fourth-largest city in
Indiana with 103,000 residents. South Bend’s flourishing collegiate community and burgeoning tech
industry have built upon the foundation of the city’s industrial past to create a vibrant present and a
promising future. The City’s fourteen institutions of higher learning, including the internationally renowned
University of Notre Dame, infuse South Bend with creative energy in the arts, business, and technology.
Page | 4
South Bend’s successes include the combination of recent economic growth, strong neighborhoods, an
affordable cost of living, exciting recreational opportunities, and thriving arts venues. The city is
conveniently located 90 minutes east of Chicago along the I 80/90 corridor at I-94. It is a part of the greater
South Bend / Elkhart Region which consists of a population of over 800,000 including 50,000 students
currently attending the region’s major universities and colleges. The region offers many diverse amenities
and opportunities including Lake Michigan beaches, a flourishing culinary scene, several theaters and art
museums, professional and Division I college sporting events, and much more. Recently, the Northern
Indiana region was awarded $42 million in matching funds from the Indiana Economic Development
Corporation to enhance the many exciting efforts already underway throughout the area.
Detailed demographic information about South Bend and the greater Northern Indiana region can be found
here:
https://southbendelkhart.org/industry-growth/demographics/
https://southbendin.gov/wp-content/uploads/2018/05/city-of-south-bend-business-toolkit.pdf
VENUE INFORMATION
This RFQ seeks an FSO to perform the specified SCOPE OF SERVICES within the VENUE at Howard Park.
Renderings and proposed layout can be found in EXHIBIT A. Planned VENUE key features include:
·2,770 SQ FT interior café space (inclusive of kitchen & restrooms)
·1,310 SQ FT covered outdoor patio
·5,000 SQ FT attached patio with pergola, bocce ball court, heaters, landscaping, & lighting
·Estimated VENUE seated capacity 150-200 total, 75-100 indoors / 75-100 outdoors
·Collapsible window and door system, opening towards park and patios
·Indoor/outdoor bar top feature
·Patio designed to consider Indiana State Excise laws
·Immediate views of ice skating trail, lighted water fountains, park, and event lawn
·Attached to 150-person capacity community room, divisible into 3 spaces
·Adjacent 125-person pre-event room (skate changing area in the winter)
·156 free public parking spots within less than one block
SCOPE OF SERVICES
The SCOPE OF SERVICES shall, as a minimum, include and provide for the following:
1.FSO shall prepare and deliver high quality culinary products, meals, and beverages for the
general public at the café, bar, and outdoor patio (VENUE) at a reasonable price and in sufficient
quantity.
3.FSO shall provide all equipment, supplies, products, service wares, and labor necessary to
achieve a high quality, customer centric, and pleasant system of product and service delivery. FSO
will provide an operation which is consistently reliable, responsible, and responsive to the needs of
the customers, park-goers, community center users, and VPA.
4.FSO shall provide an aesthetically pleasing, clean, orderly, and welcoming atmosphere within
and around the VENUE at all times.
Page | 5
5.FSO shall maintain a clean, sanitary, and healthy system of operations along with associated
licensing and permits which conform to all City, County, State, and Federal building, food service,
restaurant operations, alcohol dispensing regulations, health codes, and VPA standards.
6.FSO shall purchase food and supplies in FSO’s name, and shall maintain positive relationships
with vendors, paying invoices in an on-time manner.
7.FSO shall provide a food and beverage service level which maximizes the patronage of park and
community center users, the local community, and out-of-town visitors.
8.FSO will be an experienced operator who can order, purchase, dispense, inventory, track,
control, and handle the waste stream of all products, materials, and supplies involved in the
operations of restaurant and catering service.
9.FSO will provide for high-quality, commercial-grade marketing materials, in-house
menus/signage, website, active social media presence, and other traditional/non-traditional
promotional efforts.
10.FSO will have an accurate, up-to-date, efficient, and understandable means of business
accounting and operations record keeping and reporting system. FSO to deliver detailed financial
statements to VPA on a quarterly basis and an audited year-end financial statement.
11.FSO will maintain a mutually agreed upon operating schedule throughout the entire year,
encompassing the majority of park operating hours.
12.FSO will maintain an active, valid liquor license in good standing with the State of Indiana which
shall cover the entire footprint of the VENUE as well as the Howard Park Community Center.
13. The VENUE is an “all-ages” operation and FSO should ensure the environment is setup to be
comfortable and legally accommodating to everyone, regardless of age. FSO may reserve certain
areas (ex. bar) to exclude service to minors. FSO must have proper controls in place to prevent
under-age or excessive drinking in this unique environment.
14.FSO will provide the necessary equipment to accept cash, credit, and debit cards.
15.FSO will provide a full-time, on-site manager with corporate level authority.
16.As necessary, FSO will provide security or access-control to the VENUE during peak operations
or events.
17.FSO will maintain general cleanliness and order of VENUE, including kitchen, bar, café,
connected outdoor patio, pergola, fencing, bocce court, and all associated furniture and
equipment.
18.FSO will be responsible for routine repair and maintenance. Routine is defined as all
preventative and repair maintenance related to all kitchen and bar equipment, light bulb
Page | 6
replacements, window and door repair, furniture repair, custodial and cleaning efforts, interior
plumbing, and other minor or operational activities. FSO must maintain all required fire and safety
inspections.
19.FSO will be responsible for all utilities in VENUE, including, but not limited to electric, gas,
water, internet, and phone.
20.FSO management will meet with VPA on a routine basis to review performance, seek
opportunities for collaboration, and discuss operational logistics.
PROVIDED SERVICES
VPA will provide, at a minimum, the following:
1.VENUE construction shell build-out, including plumbing and electrical rough-ins, exterior doors
and windows.
2.Installation of patio, including all pavers, landscaping, fencing, furniture, lighting, large pergola,
permanent direct-fed outdoor heaters, and bocce ball court.
3.An allocation of $150,000 towards VENUE build out and mechanical equipment. All final design
and FF&E provisions to be mutually agreed upon by FSO and VPA.
4.Exclusive use of VENUE to FSO, including the exclusive provider of food and beverage services
in the VENUE.
5.Subject to final contract negotiations, VPA shall grant first right-of-refusal for certain on-site
catering service at the community center and at park special events.
6.Access to $1,000 3-Way Liquor License (via Municipal Riverfront Development District
program).
7.Major systems and building repair and maintenance, including HVAC, electrical, structural,
roofing, exterior walls, sidewalks, irrigation, and plaza space.
8.Site snow removal, lawn care, landscaping, and common area trash/debris removal.
9.VPA will plan and execute year-round Community Center and Park programs, activities, special
events, and private bookings.
SUCCESSFUL PARTNER WILL:
·Have the ability to be family friendly while also catering to the 21+ crowd.
·Financially contribute to the build-out and furnishing of the operating space.
·Offer entertainment, events, or programming in the café and patio on a consistent basis.
·Become a member of the Downtown Dining Association.
·Flexibly respond to various park and community center events.
Page | 7
·Encourage outdoor dining throughout all four seasons.
·Contribute to the care and well-being of the park and amenities.
·Embrace a community-oriented philosophy.
·Commence operation when the park is completed in Fall 2019.
·Keep a menu consisting of local and in-season food and beverage options.
·Include creative, crave-able, comfort food and classics.
·Offer options that cater to the health conscious, including vegetarian and gluten free options.
·Complement existing restaurant mix in the immediate downtown area.
RFQ RESPONSE & SUBMISSION
Proposal Submission Procedures:
This Request for Qualifications (RFQ) does not commit VPA/BPC to award a contract, to pay costs incurred
in preparation of a proposal responding to this request, or to procure a contract for service. VPA/BPC
reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate
with qualified proposers the scope of work, or to cancel in part or in its entirety the RFQ process, if
VPA/BPC deems it is in its best interest to do so. VPA/BPC may also require the proposer selected to
participate in negotiations concerning fees, or the nature and extent of services to be provided. The
contract, if awarded, will be to the proposer who can best meet the VPA’s needs and vision as outlined in
this RFQ. In the event terms cannot be reached with the winning firm, VPA/BPC will be free to negotiate
with the next highest scoring proposer.
Inquiries
Inquiries regarding any aspect of this request for proposal should be e-mailed to Eva Ennis at
evaennis@southbendin.gov. Telephone calls or other methods of communication will not be accepted.
Questions submitted via email will be compiled and written responses will be given to all registered RFQ
holders by issuing an addendum. All inquiries must be submitted by 5:00 pm EST on August 31, 2018.
Inquiries received after this time will not be addressed.
Pre-Submittal Meeting
Understanding VPA’s intent and vision for this project is a crucial component to submitting a competitive
proposal and ultimately achieving the desired final product. As such, the City will host a pre-submittal
meeting to discuss project goals and highlight critical aspects of the design. This meeting will be held on
Thursday, August 23, 2018 at 2:00 PM at the Morris Performing Arts Center, located at 211 N. Michigan
Street, South Bend, IN 46601. Meeting is not mandatory. Individual meetings will not be scheduled.
Proposer Responsibility:
VPA/BPC shall not be responsible for errors and/or omissions on the part of the proposer. VPA/BPC will not
be responsible for making interpretations or detecting, or correcting, errors in calculations. All proposals
must include required information, including signed and dated OFFICIAL PROPOSAL SHEET, which is
attached hereto.
Delivery of Proposal Response:
Deliver two (2) printed copies and one electronic copy of the complete proposal in a sealed envelope,
clearly labeled “FSO RFQ RESPONSE” to the address listed below no later than 5:00 pm, October 15, 2018.
All submitted proposals and forms must be signed and dated by an authorized representative of the FSO
proposer. Proposals received after 5:00 pm, Local Time, on October 15, 2018, will be returned unopened.
The Post Office Department, or any other delivery company, will be
Page | 8
considered agent of the proposer in delivering the bid. The City will not be responsible for late deliveries.
Send or Deliver SEALED Proposals, clearly labeled “FSO RFQ RESPONSE”, to:
The City of South Bend, Indiana
Venues Parks & Arts
c/o Eva Ennis
301 South St. Louis Blvd.
South Bend, Indiana 46617
Withdrawal of Proposals:
Any proposal may be withdrawn at any time prior to the delivery deadline for proposal acceptance,
provided that a request is in writing, executed by proposer or a duly authorized representative and filed
with BPC. Oral, fax, or telephonic request to withdraw any proposal shall not be accepted. Withdrawal of a
proposal shall not prejudice the right of a proposer to file a new proposal. Proposals may not be withdrawn
after the time fixed as the deadline for receiving proposals.
Receipt of Proposals:
All sealed proposals will be opened and “NAME OF PROPOSED OPERATION” will be read into the record at
the Board of Park Commissioners hearing on October 15, 2018, 5:00 PM at 321 East Walter Street, South
Bend, IN 46614. Proposers, their authorized agents, and the public are invited to be present. After
opening, the proposals will be assigned to an internal committee for review and evaluation.
Right to Reject Proposals:
BPC reserves the right to reject any and all proposals for any reason, including but not limited to, failure to
adhere to the proposed requirements or deadlines, or inaccuracy of any information supplied within a
proposal.
Addenda:
VPA may modify the RFQ by issuance of a written Addendum to all parties who have downloaded the RFQ
package through the City of South Bend’s webpage. Any modifications or answers to submitted questions
will be uploaded to the same webpage as the original RFQ package and also emailed to all registered RFQ
holders.
Waiver of Requirements:
BPC reserves the right to waive any RFQ requirements, if it deems it to be in the best interests of the City of
South Bend. Additionally, this RFQ may be modified at any time by the issuance of an Addenda.
Page | 9
REQUIRED INFORMATION:
□Official Proposal Sheet, Signed & Dated (all sections completed)
□A Narrative Describing Your Brand and Your Vision for Achieving the Services and
Qualities Outlined in the SCOPE OF SERVICES and SUCESSFUL PARTNER Sections
(1,000 word limit, photos/illustrations are permitted)
□Sample Proposed Food & Beverage Menu with Pricing
□Qualifications of Management Team and Proposed On-Site Operator
Content of Proposal:
The BPC desires to receive proposals leading to the selection of a qualified food service operator. The BPC
will consider only proposals reflecting a reasonable, commercially fit business arrangement. The Proposed
Business Arrangement must be completed in its entirety and submitted with the proposal.
Representatives of the City and their consultants will evaluate submissions based on the weighted
percentages of the following five (5) categories:
1.Thoroughness of Submitted Proposal 10%
2.Narrative of Concept / Relation to VPA Vision 30%
3.Value of Proposed Business Arrangement 30%
4.Quality and Experience of Management Team 15%
5.Sample Menu and Pricing 15%
The review team will score each proposal individually and the award consideration will take into
consideration the highest total score. The City reserves the right to accept, negotiate scope, or reject any
or all proposals. The City additionally reserves the right to request additional information from any or all
proposers to clarify that which is contained in the proposals. If deemed necessary, VPA will organize
interviews with top selected firms. It is VPA’s intention to select a qualified FSO no later than 60 days
following receipt of RFQs.
The successful proposal respondent shall comply with City of South Bend ordinances and all other federal,
state and local laws and regulations governing nondiscrimination in employment.
Page | 10
REQUEST FOR QUALIFICATIONS for FOOD SERVICE OPERATOR | OFFICIAL PROPOSAL SHEET
PRIMARY CONTACT:
NAME OF PROPOSED OPERATION: __________________________________________________________
CONCEPT (5-10 words): ______________________________________________________________________
ATTACH SEPERATELY: NARRATIVE / SAMPLE PROPOSED MENU / QUALIFICATIONS
PROPOSED OPERATING SCHEDULE:
PROPOSED BUSINESS ARRANGMENT:
Please provide a draft proposal of your desired, mutually beneficial business arrangement. It is not necessary to have values in
every category below, but Build-Out Contribution is mandatory. The City of South Bend reserves the right to negotiate final terms of this proposal. If a multiple year arrangement is sought, note any pertinent escalations or future year considerations.
*Property taxes and VENUE utilities will be the responsibility of FSO.
Authorized Signature: __________________________________ Date: ____________________
Monday: ______________________ Friday: ______________________
Tuesday: ______________________ Saturday: ______________________
Wednesday: ______________________ Sunday: ______________________
Thursday: ______________________
First Name: _____________________________ Last Name: __________________________________
Address: ____________________________ City: ___________________ State: _____ Zip: _________
Phone Number: (______)_________________ Email Address: _________________________________
Capital Build-Out / FFE Contribution (Required): _______________________________________________
Monthly Lease Payment (Single Net*): _______________________________________________________
Monthly Common Area Maintenance: ____________________________________________________
Annual Licensing Fee: _________________________________________________________________
Commission / Revenue Sharing: _________________________________________________________
(Indicate Gross vs Net, Food vs Beverage, etc.)
Other Considerations: _________________________________________________________________
____________________________________________________________________________________
Proposed Term of Agreement: _________________________________________________________
Page | 11
EXHIBIT A
Contextual Renderings of Park and VENUE
OUTDOOR CAFESEATINGJEFFERSON BLVD.SOUTH ST. LOUIS BLVD.PERGOLABOCCECOURTPARKPLAZAINTERACTIVEWATER FOUNTAINICE TRAILICE PONDPLAYGROUNDCOMMUNITYBUILDINGSUPPORT FACILITYMAIN CAFEENTRANCESERVICEENTRANCEMOVABLECAFE FENCINGEVENTLAWNCAFEJULY 12, 2018219 South St. Louis Boulevard, South Bend, IndianaCAFEHOWARD PARK REDEVELOPMENT - OVERHEAD SITE PLAN
ONLYLRLR LR
L
RLRLR
LRLRLR
LRJEFFERSON BLVD.JEFFERSON BLVD ON-STREETPARALLEL PARKING: 32 SPOTSSOUTH ST. LOUIS BLVD ON-STREETDIAGONAL PARKING: 54 SPOTSPUBLIC PARKING LOT: 70 SPOTSTOTAL: 156 SPOTSPUBLIC PARKING AVAILABLE TOHOWARD PARK AND CAFE USERS:S. ST. LOUIS BLVD.E. WAYNE STREETEVENT LAWNPUBLIC PARKING LOTST. JOSEPH RIVERPERFORMANCESTAGECAFEJULY 12, 2018ADJACENT PARKING219 South St. Louis Boulevard, South Bend, IndianaCAFEHOWARD PARK REDEVELOPMENT - NORTH0' 25' 50' 100'200'
MECHSTORAGE422 SFVESTIBULE114ENTRANCEINTERN INTERNRECEPTIONMANAGERLOCKERSPRE-EVENTROOM2060 SFGASFIREPLACELOBBYVESTIBULEWAITINGGENERALOFFICEOFFICEOFFICEOFFICEOFFICEOFFICECONFERENCEOFFICEWORKROOMOFFICEMECH./ELEC.HALLMENWOMENFAMILYCORRIDORMECHMECHCAFE2050 SFKITCHEN500 SFMENWOMENITSTOAVAVOUTDOORCOVEREDCAFESEATINGBAREVENTSPACE910 SFEVENTSPACE890 SFEVENTSPACE890 SFLANDSCAPEPLANTERJEFFERSON BOULEVARDPLAZAJULY 12, 2018219 South St. Louis Boulevard, South Bend, IndianaCAFEHOWARD PARK REDEVELOPMENT - NORTHCOMMUNITY CENTER FLOOR PLAN0' 3' 6' 12'24'
STORAGE422 SFENTRANCECAFE2050 SFKITCHEN500 SFMENWOMEN1'-0"9'-0"2'-0"9'-9"2'-0"13'-0"27'-4"9'-11"11'-9"15'-0"15'-0"11'-9"10'-0"11'-9"15'-0"15'-0"11'-9"11'-6"76'-0"11'-10 3/8"55'-6"2'-0"11'-6 3/4"29'-3 1/2"9'-10 5/8"18'-4 1/4"21'-9 1/8"10'-0"56'-1"10'-0"8'-8 1/2"5'-0 7/8"15'-0"15'-0"11'-9"10'-0"11'-9"10'-0"13'-0"OUTDOORCOVEREDCAFESEATINGPERGOLABAR+/- 20'-0"13'-0"BOCCECOURTPLAZALANDSCAPEPLANTERLANDSCAPEPLANTERLANDSCAPEPLANTERLANDSCAPEPLANTERPLAZANORTHPARTIAL GROUND FLOOR PLANJULY 12, 2018219 South St. Louis Boulevard, South Bend, IndianaCAFEHOWARD PARK REDEVELOPMENT - 0' 2' 4' 8' 16'TOTAL INTERIOR CAFE SF (INCLUDINGKITCHEN & RESTROOMS) - - - - - - - - - - - - - - 2770TOTAL EXTERIOR COVERED CAFE SF - - - - 1310TOTAL FENCED CAFE PLAZA SF(INCLUDING COVERED AREA) - - - - - - - - - - - 6350
VIEW FROM NORTHWESTJULY 12, 2018219 South St. Louis Boulevard, South Bend, IndianaCAFEHOWARD PARK REDEVELOPMENT - VIEW FROM SOUTHWESTVIEW FROM NORTHWESTVIEW FROM SOUTHWEST
Non-Collusion Non-Debarment Affidavit Non Iran Form
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 ___________ ) ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no
person or persons, firms, or corporation has, have or will receive directly or indirectly, any
rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, “Iran” means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time-to-time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time-to-time, a Contractor is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in
Non-Collusion Non-Debarment Affidavit Non Iran Form
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 retainany employee or contract with a person that the Contractor subsequently learns is an
unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility
status of all of Contractor’s newly hired employees through the E-Verify Program as defined byI.C. 22-5-1.7-3. Contractor’s documentation of enrollment and participation in the E-VerifyProgram 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 anunauthorized alien, nor retain any employee or contract with a person that the subcontractorsubsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and isparticipating 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 nolater than thirty (30) days after being notified by the City.
6.Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate
against any employee or applicant for employment in the performance of a City contract withrespect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly orindirectly 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 may consider the Contractor’s good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business (“MBE”) or as a Women’s Business Enterprise (“WBE”) as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City’s MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
7.The undersigned contractor agrees that the following nondiscrimination commitmentshall be made a part of any contract which it may henceforth enter into with the City of SouthBend, Indiana or any of its agencies, boards or commissions.
Non-Collusion Non-Debarment Affidavit Non Iran Form
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not
include the use of steel products or foundry products made in the United States. I understand it is
my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if
the price of United States made steel or foundry is unreasonable. I understand that violations
hereunder 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 day of , 20__ Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of , 20 My Commission Expires Notary Public County of Residence