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HomeMy WebLinkAboutOpening of Bids - Century Center Esports Arena Proj No. 119-106CR - R. Yoder ConstructionFrom 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 X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Nan -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of MBE/VVBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted X Form [MWBE-2.1]. X Acknowledge Receipt of 3 Addendum(s) included with the bid. X All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X 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: R. Yoder Construction, Inc. Date: 07-28-2020 By Authorized Representative: Signature: a°f ,.: Print Name & Title: Jason Yoder, President Version 4/2/2019 Contractor's Bid for Public Works - 1 Project Name Century Center Esports Arena Project No. 119-106C For Bids Due July 26, 2020 by 9:30 AM Local Time PART B (Must be completed for all bids. Please type or print) Date: 07-28-2020 Bidder (Firm): R. Yoder Construction, Inc. Address: 27453 CR 150 City/State/Zip: Nappanee, IN 46550 Telephone Number: ( 574 ) 773-3502 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Century Center Esports Arena Project No. 119-106CR the City of South Bend, Indiana, in accordance with plans and specifications prepared by: SimplyNew LLC and dated Drawings July 2020 for the scum of (enter the Total Bid as shown vonnat-�he Proposal) tyw9clkew (Enter sum of Total Base Bid As Alternates shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. By , (Signature) Jason Yoder (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member Jordan V. Gathers, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk Version 4/2/2019 Contractor's Bid for Public Works - 2 20 (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. 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. 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. When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit Version 4/2/2019 Contractor's Bid for Public Works - 3 IDISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: Elkhart 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: 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. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's Version 4/2/2019 Contractor's Bid for Public Works - 4 newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions 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 commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. Version 4/2/2019 Contractor's Bid for Public Works - 5 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 28th day of JuIY , 2020 R. Yoder Construction, Inc. Contractor/Bidder (Firm) �gnaturof Contractor/Bidder or Its Agent Jason Yoder, President Printed Name and Title Subscribed and sworn to before me this 28th day of July 2020 My Commission Expires 05-23-2027 yl 'y")6wa4A- Notary Public Annette Wiseman County of Residence Elkhart ANNETTE WISEMAN °^f Notary Public, State of Indiana ' Elkhart County Commission # NP0720458 My Commission Expires May 23, 2027 Version 4/2/2019 Contractor's Bid for Public Works - 6 Project Name: Century Center Esports; Arena Project Number: 119-106CR For Bids Due: July 28, 2020 by 9:30 AM Local Time Contractor Name: R. Yoder Construction, Inc. 9&= A" Item N®, Description Quantity Unit Unit Price Total Amount 1 Material Procurement per attached BOM 1 LS 3?'?,ZY0- 2 Staging/Scenic/Rigging Labor 1 LS 3 Low Voltage Labor 1 LS :33 2,k6 4 IT/Networking Labor 1 LS 5 AudioNideo Labor 1 LS 6 Lighting Labor 1 LS �-/' 7 1 Other Labor 1 LS 80 Bidder (Firm): R. Yoder Construction, Inc. Address: 27453 CR 150 City/State/Zip: Nappanee, IN 46550 Telephone Number: ( 574) 773-3502 By �-A (Signature) Jason Yoder (Printed Name of Person Signing) Version 4/2/2019 Contractor's Bid for Public Works - 7 CITY OF SOUTH BEND p�SourxaF� MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM , w� FORM MWBE-1.0Y MBE/WBE PARTICIPATION" This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE/MBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. Project Number: 119-106CR Project Name: Century Center Esports Arena Total Bid MBE/WBE Bidder: R. Yoder Construction, Inc. Amount: Goal: Page1_ of 1 Name & Address of MBEI BE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBE/WBE Component percentage of Total Bid/Proposal Submitted by: Jason Yoder., 07-28-2020 Print Name natur Date Version 4/2/2019 Contractor's Bid for Public Works - 8 hL Y� Q n CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM�) FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBE/WBE participation. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business as defined by the Indiana Department of Administration ("IDOA"). Project Number: 119-106CR Project Name: Century Center Esports Arena Bidder: R. Yoder Construction, Inc. Date: 07-28-2020 Contact Person: Brian Hollowell Telephone: 574-773-3502 Address: 27453 CR 150 City: ,g State: Indiana Email: Prian@ryoderconstruction.com To determine whether a bidder has demonstrated good faith efforts to reach the MBENVBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBE/WBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women Owned Business as found on their website (http://www.in.gov/idoa). ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South Bend requires that all perspective bidders complete no less than 2 of the following: 1. Attend all pre -bid meetings scheduled by the City to inform MBENVBEs of contracting and subcontracting opportunities. 2 Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBENVBEs reasonable time to respond. Perform any and all necessary steps to written in provide notice a manner reasonably calculated to inform MBE/WBEs of subcontracting opportunities and allowed sufficient time for them to participate effectively. 4. Utilize pre-existing services of available community organizations, small and/or disadvantaged business assistance offices and other organizations that provided assistance in the recruitment and placement of MBEMBE firms. **Bidder trust circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBENVBEs, including providing such MBE/WBE's with adequate information about the plans, specifications and other requirements of the subcontract and did not reject MBE/WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. SMALL CONTRACT(S): The bidder ' selected specific portions of the work to be performed by MBENVBEs in order to increase the likelihood of meeting the MBEMBE goals (including breaking down contracts into smaller units to facilitate MBENVBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBENVBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBENVBE was unqualified to perform the job. Proper demonstration or good Faith Effort requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 4/2/2019 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBE/WBE CONTACTED . ..... This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBENVBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. PAGE 1 OF Project Number: 119-106CR MBEANBE Participation Goal Project Name: Century Center Esports Arena Bidder: R. Yoder Construction, Inc. By: (:f� President 07-28-2020 (TignaturO) (Title) (Date) MBEMBE Firm Owner or Contact at MBENVBE Firm Telephone Fax Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBEMBE FIRM: MBE/WBE Firm Owner or Contact at MBE/WBE Firm Telephone Fax Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE/WBE FIRM: Version 4/2/2019 Contractor's Bid for Public Works - 10 CONTRACTOR: ?`lame, legal status and address) R YODER CONSTRUCTION, INC. 27453 Cty Rd 150 Nappanee, IN 46550 OWNER: (Name, legal status and address) City of South Bend Board of Public Works 227 W Jefferson Blvd South Bend, IN 46601 SURETY: (Name, legal status and principal place of business) Granite Re, Inc. 14001 Quailbrook Dr Oklahoma City, OK 73134 BOND AMOUNT: Five Percent of the Bid Amount (5.00% of Bid Amount) PROJECT: (Name, location or address, and Project number, if any) Century Center Esports Arena Project No. 119.106CR Bid Bond No. GR20417 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 16th day of July, 2020 (P ODERInc paa C RUCTION N (Seal) (Witness) '° ` �A (Title) Granite Inc. (Surety) (Seal) (Witrrss) Molli J. Ha s (Title)Eliot Motu, Attorney -in -Fact AIA Document A330-- 201 Copy ' ht ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING. This AIA° Document is protected by U.S. C ht Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under"thf law. Purchasers are permitted o reproduce en copies o is documentwhen comp e e o reportcopyright vio a ions o on rac Documents, a-mai The American Institute of Architects' legal counsel, copyrioht(c0aia.org. es1nh GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporationorganized and existing under the laws of the State of MINNESOTA and having its principal;, office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and ',appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH;',KORY MORTEL;sELIOT contirms aij ana whatsoever the saicr MICHAEL J. DOUGLAS; CHRIS' STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT MOTU may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 3rd day of January, 2020. s4eea L STATE OF OKLAHOMA Kenneth D. Whittincitron, President SS: COUNTY OF OKLAHOMA Kyle P. McDonald, Treasurer sworn, 5at(l, tnac cney, cne saiu r1enrieM U. wnnunyxVn anu ,Kyle r. ryic.uL)riaia were icp Nckuvciy LIM rlcblUcni-anu LIM Jc�I—aiyi GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. My Commission Expires: "'""""eL` August 8, 2021 "�raF,oKt,,o�� Notar Public Commission #: 0101 3257 ` GRANITE RE, INC. Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." N WITNESS WHERE F, thegrsigne as subscribed this Certificate and affixed the corporate seal of the Corporation this day of 20 The Board of Public Works of the City of South Bend has adopted the following policy regarding the receipt of sealed bids: All sealed bids submitted to the Board of Public Works must be received in the Board of Public Works Office, 1316 County -City Building, South Bend, Indiana, no later than the advertised time on the advertised date of the bid opening. It shall be the responsibility of the bidder to see that his/her bid is received prior to the deadline stipulated in the bid advertisement. Bids submitted by mail and received after the advertised time deadline will not be considered by the Board. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Linda M. Martin, Clerk k 0 1 11 4 111 8: — Z Version 5/16/2019 General Conditions - 1 ! •I, • •.,.•. • , It is the policy of the City of South Bend to provide equal employment and business opportunity for all persons, partnerships, companies, and corporations in accordance with the rules, regulations and guidelines of the applicable federal, state and local laws. This policy of equal employment and business opportunity shall apply to every contractor or subcontractor bidding or holding a public contract with the City of South Bend. In furtherance of this policy, the following Equal Opportunity Clauses are hereby made a part of every construction contract entered into by the City of South Bend and all subcontractors entered into pursuant to any such contract and the bidder hereby certifies that it/he/she will abide by these provisions. The contractor will not discriminate against any applicant or employee because of race, color, religion, sex, national origin, or handicap. The contractor will take affirmative action to ensure that all applicants or employees are treated fairly and equitably. Such action shall include but not be limited to the following: hiring, up- grading, demotion or transfer, recruitment, advertising, lay-offs or termination, rates of pay or other forms of compensation and selection for training including apprenticeship programs. The contractor shall agree to post in conspicuous places available to employees and applicants, notices to be provided setting forth the provisions of the Non -Discrimination Clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The contractor will send to each labor union or representative of workers with which it/ he/she has a bargaining agreement or other contract or understanding, a notice to be provided, advising the labor union or worker's representatives of the contractor's commitment under this section, and shall post copies of the notices in conspicuous places available to applicants and employees. The contractor will comply with all provisions of Executive Order 11246 (as amended by 11375) and of the rules, regulations and relevant orders of the Department of Labor. Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereinafter entered into the following provisions: "During the performance of this contract, the contractor agrees as follows:" "(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex or national origin. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or Version 5/16/2019 General Conditions - 2 recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause." "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin." "(3) The contractor will send to each labor union or representative of workers with which it/ he/she has a collective bargaining agreement or other contract of understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment." "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations, and relevant orders of the Secretary of Labor." (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders." "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, in this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked* as provided in Executive Order No 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law." "(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate Version 5/16/2019 General Conditions - 3 in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. * Corrected to read "invoked". In the original text the word "involved" was printed in error. Version 5/16/2019 General Conditions - 4 The City of South Bend, Indiana has shown its commitment to addressing Minority Business ("MBE") and Women's Business Enterprise ("WBE") participation in public contracting through the adoption of the City of South Bend Ordinance No. 10081-11. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age or disability that does not affect that person's ability to perform work. Minority and Women's Businesses are described on the Indiana Department of Administration website: ham://www.in.ciov/idoa/. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's owned business. Documentation shall be provided with the bid that states the MBE/WBE that will be contracted, the dollar amount of the work that will be performed on the project and the percentage of the dollar amount as it relates to the total bid amount by using Form MWBE-1.0, MBE/WBE Participation Form. The City, its agencies, boards, or commissions requires the Contractor's good faith efforts to obtain participation by those Contractors classified as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE"). Failure to provide ALL the required evidence of good faith efforts with the bid will be grounds for rejecting a bid as non -responsive. The requirements that bidders shall supply as good faith efforts to have active participation from MBEs and/or WBEs on this Project is written documentation evidencing the efforts by using Form MWBE-2.0, Evidence of Good Faith Efforts and Form MWBE-2.1, MBE/WBE Contacted. Such documentation shall include but is not limited to the following items: a. A listing of all MBE/WBEs contacted including: (1) the name and address of the MBEM/BE; (2) the date of contact; (3) the type of contact (i.e. phone call, written solicitation, etc.); (4) the nature or type services or goods requested; and (5) the result of the contact. b. Written evidence of outreach and copies of email exchanges inviting and receiving quotes or other responses from MBE/WBE businesses or other documentations of efforts to encourage and secure competitive quotes from MBE/WBE and local businesses to be included in the benefits of building this Project. c. Written documentation of letters of introduction, invitations to forging majority/minority strategic alliances for capacity building including but not limited to mentoring, extensions of assistance on payroll, insurance, bonding, line of credit, technical skills or business skills. All bidders are actively encouraged to reach out to the MBE/WBE businesses in St. Joseph County, Indiana and other local Indiana counties to utilize a good faith effort to forge constructive and lasting business partnerships. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Version 5/16/2019 General Conditions - 5 Contractor Name: R. Yoder Construction, Inc. 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. 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- 63 of The Responsible Bidding Ordinance No. 10694-18 (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") by December 31st for the upcoming calendar year, or 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 January 1 of the following year, or 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 6-63 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 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 5/16/2019 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 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 one -hundred fifty thousand dollars ($150,000.00), 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 and all subcontractors 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 5/16/2019 General Conditions - 7 (a) Acknowledgements: (i) 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. 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. (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. Version 5/16/2019 General Conditions - 8 • • • ' M • p, ''. i •, (a) Acknowledgements: (i) X By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) X 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 information provided to the City shall be regarded as public records. (iii) X 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) X By checking this box, 1 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. (b) Attachments: (i) X 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) X List identifying all former business names. (iii) X 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) years. (iv) X Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I (v) X am bidding on OR outlines how I intend to meet the staffing needs of the work. 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. (vi) X 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. NO X 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. (viii) X 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. Version 5/16/2019 General Conditions - 9 (ix) X 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. (i) X 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. Date: 07-28-2020 ( gn Her Jason Yoder (Print Name Here) R. Yoder Construction Inc. (Name of Company) 27453 CR 150 (Address of Company) Nappanee (C ity) Indiana (State) 574-773-3502 (Telephone Number) Version 5/16/2019 General Conditions - 10 PNODER C O N S T R L,i C T I O N SECTION I EXPERIENCE QUESTIONNAIRE I. Projects Completed within 1 year of bid date: Contract Amount $ 839i79I.00 $ 2,343,700.00 $ 303,500.00 Class of Work Police Station School Renovations Remodel Bathrooms Classroom Renovations 2. Projects Currently in Process: Class of Work Door & Hardware Replacement Town Hall/Police Station Construction of Classroom Construction ofAuBuilding Completion Date Name & Address of Owner 05/2020 Town OfWakarusa, IN 12/2019 BougoCommunity Schools, Elkhart, |N 03/2020 Elkhart Housing Authority, Elkhart, |0 13/2019 South Bend Community School Corp Completion Date Name & Address of Owner 07/3020 School City ofMishawaka |N 10/2019 City ofGoshen |N 10/2019 BaugnCommunity Schools, Elkhart |N 10/2020 VVhitkoCommunity Schools Corp 3. R. Yoder Construction, Inc. has not failed to complete any work awarded to us. 4. References from private firms for which R. Yoder Construction, Inc. has performed work: Barger Packaging 8eUnnanOil Company LendO' Lakes Purina Mills American Senior Communities Lippert Components 27453CR15O1Nappanee, |N1465501Tel: 574.773.35O2!Fax: 574.773.4041 aRoYODER Section II PLAN AND EQUIPMENT QUESTIONNAIRE 1) R. Yoder Construction, Inc. plan would be to comply with the schedule to begin and complete as stated in contract document using necessary equipment and manpower to complete. We have a team of tradesman fully capable of completing project on schedule and on budget. 2) Subcontractors who have performed work on public projects in the past 5 years: ® Griffen Plumbing & Heating Inc, 2310 Toledo Rd., Elkhart, IN 46515 ® Schwartz Electric Inc, 313 E. Waterford St., Wakarusa, IN 46573 ® Edward J. White Inc, 1011 S. Michigan St., South Bend, IN 46601 ® Lee Company Inc, 27 S. 12th St., Terre Haute, IN 46807 ® Central Indiana Hardware, 5322 Keystone Dr., Ft. Wayne, IN 46825 ® Slatile Roofing & Sheet Metal Co, 1703 S. Ironwood Dr., South Bend, IN 46613 • The Art Mosaic & Tile Co, 844 Rush St., South Bend, IN 46624 ® Interior Finishes Inc, 3601 W. McGill St., South Bend, IN 46628 • VFP Fire Protection, 3725 Cleveland Rd., South Bend, IN 46628 ® Shambaugh & Son LP, PO Box 1287, Ft. Wayne, IN 46801 ® Gaylor Electric Inc, 5750 Castle Creed Pkwy N, Indianapolis, IN 46250 ® Dynamic Mechanical Systems Inc, 1606 Chestnut St, Mishawaka, IN 46545 ® Walsh & Kelly Inc, 24358 SR 23, South Bend, IN 46614 ® Douglas Landscape Inc, PO Box 1083, South Bend, IN 46624 ® Indiana Earth Inc, 10343 McKinley Hwy, Osceola, IN 46561 3) Subcontractor list — TBD 4) We have or have access to all equipment necessary to complete project. 5) Yes, we have received proposals from subcontractors. 27453 CR 150 1 Nappanee, 1N 146550 1 Tel: 574,773.3502 1 Fax: 574.773.4941 wvvw. ryoderconstruction. corn RNODER NS T R U C '" I O 11 Statements Century Center Esports Arena Project o 906, R (i) See attached Secretary of State's on-line records business verification showing R. Yoder Construction, Inc. is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (ii) N/A — see attached Name History. (iii) None (iv) R. Yoder Construction has sufficient labor staffing including employees on staff, subcontractors and reliable external staffing agencies to meet the requirements of this project. (v) All individuals who will perform work on this 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. (vi) See attached Evidence of Participation in Apprenticeship and Training Programs. (vii) See attached policy for employee drug testing. (viii) See attached Department of Treasury's listing of Approved Sureties listing Granite Re as an approved surety as required in the bid specifications or contract. (ix) There are no federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (x) See below the listing of projects of similar size and scope of work performed in areas, in the State of Indiana. l . City of Mishawaka, Mishawaka High School Alumni Plaza July 2018 Mike Faulkner, 574-254-4510 2. Goshen Schools, Chandler Elementary March 2018 Diane Woodworth, 574-533-8631 3. Century Center Upgrades October 2019 Toy Villa, 574-235-5920 27453 CIS 150 1 Nappanee, IN 146550 1 Tel: 574.773.3502 1 Fax: 574.773,4941 www, ryoderconstruction.com BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 07/20/2020 10:46 AM MN g G'I'g� Business Name: R. YODER CONSTRUCTION, INC. Business ID: 1992040594 Entity Type: Domestic For -Profit Corporation Business Status: Active Creation Date: 04/14/1992 Inactive Date: Principal Office Address: 27453 CR 150, P.O. BOX 69, NAPPANEE, IN, 46550 - 9308, USA Expiration Date: Perpetual Jurisdiction of Formation: Indiana Business Entity Report Due 04/30/2022 Date, Years Due: Title Name Address President Jason Yoder 27453 CR 150, NAPPANEE, IN, 46550, USA Treasurer Randall E Yoder 27453 CR 150, Nappanee, IN, 46550, USA Vice -President (Operations) Bradley Yoder 27453 CR 150, Nappanee, IN, 46550, USA Vice -President (Sales) Kevin Yoder 27453 CR 150, Nappanee, IN, 46550, USA Secretary Kevin Yoder 27453 CR 150, Nappanee, IN, 46550, USA President JASON E YODER 27453 CR 150, Nappanee, IN, 46550, USA Treasurer Randall Yoder 27453 CR 150, Nappanee, IN, 46550, USA Vice President Bradley YODER 27453 CR 150, Nappanee, IN, 46550, USA Vice President Kevin YODER 27453 CR 150, Nappanee, IN, 46550, USA Secretary Kevin YODER 27453 CR 150, Nappanee, IN, 46550, USA A Type: Individual Name: JASON E YODER Address: 27453 CR 150, P.O. BOX 69, NAPPANEE, IN, 46550, USA (https://inbiz.in.gov) Name History Business Details Business Name: R. YODER CONSTRUCTION, INC. Entity Type: Domestic For -Profit Corporation Creation Date: 04/14/1992 Principal Office 27453 CR 150, P.O. BOX 69, Address: NAPPANEE, IN, 46550 ® 9308, USA Jurisdiction of Indiana Formation: Name History Details Filing Date Effective Dat,- - Back Return to Search Business ID: 1992040594 Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity 04/30/2022 Report Due Date: Years Due: RoYODER r C 0 N nM, T R U c "Ii" i 0 N July 20, 2020 TO: Board of Public Works, City of South Bend, Indiana RE: R. Yoder Construction, Inc. Evidence of Participation in Apprenticeship and Training Programs R. Yoder Construction, Inc. is a member of the Associated Builder and Contractors, Inc., Indiana/Kentucky Chapter. The Associated Builder and Contractors of Indiana/Kentucky provides formal apprenticeship and craft training that are registered and approved by the U.S. Department of Labor Office of Apprenticeship. This program meets all federal and state requirements for formal apprenticeship program and prevailing wage work including employer sponsored classroom instructions, along with on the job learning (OJL). The classroom instructions are available in Elkhart, Indiana and follow the National Center for Construction Education and Research (NCCER) curriculum. Currently we have two full time employees participating in OJL to obtain skills and participate in the Associated Builders and Contractors, Inc. classroom instruction 2020. Should you need additional information, please contact me. Respectively submitted, Jason Yoder President R. Yoder Construction, Inc. Page 1 1 27453 CR 150 1 Nappanee, IN 146550 1 Tel: 574.773.3502 1 Fax: 574.773.4941 www.ryoderconstruction.com ................ R.Yoder Construction has Gstrong commitment h}its employees to providea . . . . safe work environment. This requires that personnel, equipment, and operating . . . . . . . . . . . . practices be consistent with high standards of health and safety. R. Yoder . . . . . . . . . Construction expects all Ofits employees tOreport for work free ofalcohol and . . . . . . . iUeoaidrugs. The presence ofiUeoaldrugs oralcohol nnthe job and the influence ................ of these substances on employees are inconsistent with these objectives. _ l R.Yoder Construction will conduct drug 6/or alcohol testing under any . . . . . . . . . . . . . . . . of the following circumstances: Pre-emok)vrnent Random, Reasonable . . . . . . . . . . . . . . . Cause, and Post -Accident Testing (see a more full description of these . circumstances on the next page for more information). . . . . . . . . . . . . . . . . 2. The use, sale, disthbuhOn, possession or being under the influence of . .. . ... ........ illegal drugs cvalcohol bvR.Yoder Construction employees while onthe . job or on R. Yoder Construction's property is prohibited. Likewise, you may ... .... . ........ not distribute, misuse, orabuse any prescription medications onR.Yoder Construction premises or elsewhere during working time. Any individual . . . . . .. . . . . .. . . . violating these rules wilt be subject to disciplinary action up to and including immediate termination ofemployment. . . . . . . . . . . . . . . . . 3. Individuals who appear tObeunder the influence ofacontrolled substance . . . . . . . . . . . . . . . . will beremoved from the job immediately and b2subject to8drug oralcohol test- An employee's refusal to comply with a drug or alcohol test will make . . . . . . . . . . . . . . thernsubject toautornatcternlinetion. . . . . . ' . . . . . . . . . ' 4. If an employee is injured on the kjob, the employee will be required to, . . at the discretion of Management, submit to a drug and/or alcohol test An employee testing positive for illegal drugs or found to be under the . . . . . . . . . . influence of alcohol will be subject to disciplinary action up to and including . . . . . . termination. Anemployee's refusal tocomply with adrug and alcohol test wilt make them subject to automatic t8[n1inGd0n. ' . . . ' . . . . . . . . . . 5. R. Yoder Construction'smanagement reserves the right to authorize inspections for possible policy violations. Any iKeo8\ substances wilt be . . . . . . . . . . . . . . . turned over to the appropriate �vvenforcenlent and may result in criminal prosecution. . . . . . . . . . . . . . N011: EMPLOYEES US] NGAPRESCRIPTION DRUG that may impair their physical Ormental ability and affect the ability toperform duties safety MUST REPORT this . . . . . . . . . . . . . . . tomanagement prior toreporting towork after its use. Adetermination will b8 made by the company ifthe employee's work assignment is affected. Failure . . . . . . . . . . . . . . . to U0SOwill cause the employee to be subject todisciplinary action up to and including immediate termination of employment. Substance Abuse Policy Continued F0ik]VvDg is @ more complete d8SChoti0n of the circumstances when R. Yoder Construction vviUconduct drug and/or alcohol testing: ...... .. .. ...... + PRE -EMPLOYMENT TESTING: Each individual offered employment must pass a . drug test as a condition ofemployment. Management has the right to waive this requirement onanindividual basis. . . . . . . . . . . . . . . . . + RANDOM TESTING: Employees may be selected at random for drug testing at any . interval determined by the Company. . . . . . . . . . . +REASONA8LE CAUSE The Company enpkzyeetosubmit. . . . . to a drug and/or alcohol testat any time it has reasonable cause to believe that the employee may be under the influence of drugs lco . . . . . . . . . . . . . . . . hours, |nc�di but not U limited to, the foKovv i working drug use, _evidence _ drugs ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' "",`="p"^xrc^v/umg,uuo, working nour�opecmcoose�anonsconcernmgthe ee, unusual conduct on . . . . . . . . . . . . . . . . theevidenced the ennpkoyee�vvork appearance, behavior, speech, or body odors of an -nn �aotion�appearance, nrconduct, arrest cxconviction for adrug- and/or alcohol -related offense (about . . . . . . . ' . . . . . . . . which employees are required tmnotify HRwithin 3calendar dayo, + POST -ACCIDENT TESTING: injury vthat results mv*death, \cV bodily injury that requires medical treatment away . . . . . . . . . . . . . . . . from the scene of the accident,or propertydamageofat�a�$250�U Ov�e asked tosubmit toadrug and/or �oho{test. "Involved ion -the -job accident or injury'"means not only the one who was c"could have been injured, but also any . . . . . . . . . . . . . . . . employee who potentially contributed to the accident orinjury event inany way. neu, misses may oesubject ontesting mg this as well. An employee who does not report aninjury onthe day of occurrenceand isrequired toseek medical . . . . . . . . . . . . . . . . ass�anceata�terdate n�aybesu�ecttoadrug teat . . . . . . . . . . . . . . . . VrdIcat'Jon and . . . . . . . . . . . . . . . . An employee who voluntarily says he has a drug- or -akcOhct-petated problem . . ' . . . . . ' . ' . . . . . wit[ not besubject tndiscipline for vOiunteeriL volunteering Instead, the employee may request an unpaid leave of absence to undergo rehabilitation or treatment . . . . . . . . . . . . . . . . to overcome dependence on drugs or alcohol or to participate in other programs recommended by a substance abuse professional. This leave wit[ be in accordance . . . . . . . . ' . ' . . . . . with the terms and conditions ofleave policies. ' . . . . . . . . . . . . . . . Since the key torehabilitation isthe willingness toadmit and seek t0rernedvthe � problem, this provision b not available toone vvho requests help [D after ' being . . . . . . . . . . . . . . . . asked to submit to testing or �) after the employee's use of drugs or alcohol becomes a personnel issue based on direct observation or evidence obtained from . . . . . . . . . . . . . . . . an arrest Or oirninGi conviction for a drug- or akcohot-related offense. Further, . . . . . . . . ernpkoyeesvvhovolunteer such information and participate in a rehabilitation/. . . . . . . . treatment program must stilt comply with rules concerning alcohol and drugs and will besubject todiscipline for aviolation. . . . . . . . . . . . . If an employee successfully completes a n8habiUtahOn/tr88trnSnt program as . . . verified in writing by the prOgra[n's administrator,the employeemay return to . . . . . . . . . . . . . . . work when work iSavailable. Return towork wit[ beconditioned upon compliance with individual responsibilities, including follow up counseUng and/or treatment . and periodic testing. . . . . . . . . . . . . . . . Costs associated with voluntary rehabilitation/treatment are at the employee's expense unless wholly or partially covered under R. Yoder Construction's health (NAIC #14060) BUSINESS ADDRESS: PO Box 1218, Columbus, OH 43216 - 1218. PHONE: (614) 445-2900. UNDERWRITING LIMITATION b/: $140,162,000. SURETY LICENSES c,f/: AL, GA, IL, IN, IA, KS, KY, MN, MO, OH, PA, SC, TN, VA, WI. INCORPORATED IN: Ohio. (NAIC #11136) BUSINESS ADDRESS: P.O. Box 1218, Columbus, OH 43216 - 1218. PHONE: (614) 445-2900. UNDERWRITING LIMITATION b/: $4,622,000. SURETY LICENSES c,f/: MI. INCORPORATED IN: Ohio. 101 s►/ i!a '\a ° a►+ is i•" . (NAIC #26310) BUSINESS ADDRESS: 14001 Quailbrook Drive, Oklahoma City, OK 73134. PHONE: (405) 752-2600. UNDERWRITING LIMITATION b/: $4,503,000. SURETY LICENSES c,f/: AL, 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, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Minnesota. Granite State Insurance Company (NAIC #23809) BUSINESS ADDRESS: 175 WATER STREET, 18TH FLOOR, NEW YORK, NY 10038. 1316 COUNTY -CITY BUILDING 227 W. JLFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WOI--,,',C,,S — Date: July 13, 2020 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: 1 Project Name: Century Center Esports Arena Project No.: 119-106CR ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 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. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: R. Yoder Construction Authorized Signature: g."" Date: 7/14/2020 1316 COUNTY -CITY BUILDING PHONE 574/235-9251 227 W. JEFFMON BOULEVARD FAX 574/ 235-9171 SOUTii BEND, INDIANA 46601-1830 TDD 574/ 235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: July 15, 2020 To: All Planholders From Linda M. Martin, Clerk, Board of Public Works Subject Addendum Number: 2 Project Name: Century Center Esports Arena Project No.: 119-106CR Date Received: r7-1 S-- a 0 � 6- 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. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Authorized Signature: Date: 1316 COUNTY-C:rCY Mill -DING %4 PHONE 574/ 235-9251 227 W. IEFFERSON BOULEVARD U' � �n. �, FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 TDD 574/ 235-5567 r CITY OF SOUTH BEND .TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subject Project Name: Project No.: July 22, 2020 All Planholders Linda M. Martin, Clerk, Board of Public Works Addendum Number: 3 Century Center Esports Arena 119-106CR Date Received: 07/23/2020 This addendum is being forwarded to you for the above referenced project. Please i d acknowledgereceiptof this Addendum faxing this sheet to the Board of Public s 235-9171 within 48 hoursr i be included bid package upon submittal. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: R. Yoder Construction Authorized Signature Date: 07/23/2020 (7) 0 Q - -- ---- ------ ---- - - ------- - 2 G . .... ... ...... 2 1 2 Q li . ..... . . .. .1 8 o So o* uo. . ........ . q z Ll t So 0 - --------- I --------- L --------- I-