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HomeMy WebLinkAboutOpening of Bids - Ignition Park EV Charging Park Proj No. 120-044 - R. Yoder Construction, Inc. Version 4/2/2019 Contractor’s Bid for Public Works - 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR’S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statuto ry requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond. Bid prepared on the City of South Bend Contractor’s Bid for Public Work Form, completely executed. Contractor’s Non-Collusion and Non-Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non-Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MBE/WBE 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 Form [MWBE-2.1]. Acknowledge Receipt of _____ Addendum(s) included with the bid. All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. This checklist submitted with the Bid. This checklist is provided for bidder’s use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: Date: By Authorized Representative: Signature: Print Name & Title: Project Name Ignition Park: EV Charging Park Project No. 120-044 For Bids Due March 9, 2021 at 9:00am Local Time R. Yoder Construction, Inc.03-09-2021 Brad Yoder, Vice President of Operations 1 Version 4/2/2019 Contractor’s Bid for Public Works - 2 CITY OF SOUTH BEND, INDIANA CONTRACTOR’S BID FOR PUBLIC WORK Project Name Ignition Park: EV Charging Park Project No. 120-044 For Bids Due March 9, 2021 at 9:00am Local Time PART I (Must be completed for all bids. Please type or print) Date: Bidder (Firm): Address: City/State/Zip: Telephone Number: ( ) 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: the City of South Bend, Indiana, in accordance with plans and specifications prepared by: and dated for the sum of (enter the Total Bid as shown on the Proposal) ($ ) (Enter sum of Total Base Bid plus 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. ACCEPTANCE The above bid is accepted this day of 20 Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Jordan V. Gathers, Member Gary A. Gilot, Member Therese J. Dorau, Member Joseph R. Molnar, Member Attest: Anne Fuchs, Clerk By (Signature) (Printed Name of Person Signing) 03-09-2021 R. Yoder Construction, Inc. 773-3502574Nappanee, IN 46550 27453 CR 150 Ignition Park: EV Charging Park - Project No. 120-044 Jones Petrie Rafinski Brad Yoder 01-22-2021 Four Hundred and Sixteen Thousand, One Hundred Fifty Eight Dollars 416,158.00 Version 4/2/2019 Contractor’s Bid for Public Works - 3 PART II (For projects of $100,000 or more – IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach addition al pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR’S FINANCIAL STATEMENT Attachment of bidder’s financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder’s capability for completing the project if awarded. Version 4/2/2019 Contractor’s Bid for Public Works - 4 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 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. Indiana Elkhart Version 4/2/2019 Contractor’s Bid for Public Works - 5 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 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 Version 4/2/2019 Contractor’s Bid for Public Works - 6 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 9th March 21 R. Yoder Construction, Inc. Brad Yoder, Vice President of Operations 9th March 21 05-23-2027 , Annette Wiseman Elkhart BID/PROPOSAL CITY OF SOUTH BEND Project Name: Ignition Park: EV Charging Park Project Number: 120-044 For Bids Due: March 9, 2021 at 9:00am Local Time Contractor Name: Version 4/2/2019 Contractor’s Bid for Public Works - 7 BASE BID Item No. Description Quantity Unit Unit Price Total Amount 1 MOBILIZATION AND DEMOBILIZATION 1 LSUM 2 CONCRETE CURB & GUTTER REMOVAL 175 LFT 3 EARTHWORK 1775 CYD 4 COMMON EXCAVATION 720 CYD 5 HMA INTERMEDIATE, TYPE B 280 TON 6 HMA SURFACE, TYPE B 140 TON 7 COMPATCTED AGGREGATE , No. 53 550 CYD 8 PCCP FOR APPROACH, REINFORCED 120 SYD 9 SIDEWALK, CONCRETE, 4" 715 SYD 10 CURB RAMP, CONCRETE 16 SYD 11 CONCRETE CURB 1100 LFT 12 CURB TURNOUT 7 EA 13 CONCRETE PARKING STOP 15 EA 14 STORM SEWER PIPE, 12 IN 80 LFT 15 STORM CASTING REPLACEMENT 1 EA 16 TESCO CABINET, FOUNDATION, WIRING, ETC 1 EA 17 ELECTRICAL SERVICE CONNECTION 1 LSUM 18 LIGHT STANDARD, TYPE A 1 EA 19 LIGHT STANDARD, TYPE B 1 EA 20 LIGHT POLE FOUNDATION 2 EA 21 EV CHARGING FOUNDATION (18"x18"X18") 7 EA 22 LIGHTING CONDUIT, PVC, SCH 40, 3 IN 270 LFT 23 LIGHTING CONDUIT, PVC, SCH 40, 3 IN, DIRECTION DRILL 50 LFT 24 EV CHARGING CONDUIT, PVC SCH 40, 3 IN 375 LFT 25 LIGHTING WIRING 360 LFT 26 ELECTRIC PULL BOX 5 EA 27 THERMOPLASTIC LINE, SOLID, WHITE, 6 IN 110 LFT 28 THERMOPLASTIC LINE, SOLID, YELLOW, 4 IN 530 LFT R.Yoder Construction, Inc. $2.70 $1,431.00 $5.00 $550.00 $750.00 $5,250.00 $800.00 $1,600.00 $1,100.00 $1,100.00 $63.00 $5,040.00 $105.00 $1,575.00 $1,305.00 $9,135.00 $27.60 $30,360.00 $62.00 $992.00 $58.00 $41,470.00 $93.00 $11,160.00 $53.50 $29,425.00 $25.00 $18,000.00 $21.00 $37,275.00 $10.60 $1,855.00 $90.00 $25,200.00 $158.00 $22,120.00 $24,600.00 $24,600.00 $2,275.00 $2,275.00 $5,300.00 $5,300.00 $4,300.00 $4,300.00 $12.50 $3,375.00 $35.00 $1,750.00 $12.00 $4,500.00 $11.50 $4,140.00 $800.00 $4,000.00 $36,000.00 $36,000.00 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Ignition Park: EV Charging Park Project Number: 120-044 For Bids Due: March 9, 2021 at 9:00am Local Time Contractor Name: Version 4/2/2019 Contractor’s Bid for Public Works - 8 BASE BID 29 THERMOPLASTIC LINE, SOLID, BLUE, 4 IN 125 LFT 30 PAVEMENT MESSAGE HC MARKING, BLUE 1 EA 31 HANDICAP SIGN/POST 1 EA 32 ELEC VEHICLE SIGN/POST 4 EA 33 STOP SIGN/POST 2 EA 34 OVERSTORY TREE, 2 1/2 IN CALIPER 12 EA 35 HYDROMULCH, SEEDING AND TOPSOIL 1750 SYD 36 SWALE SEED MIX AND TOPSOIL 725 SYD 37 TEMPORARY EROSION CONTROL MEASURES 1 LSUM BASE BID TOTAL ALTERNATE #1 Item No. Description Quantity Unit Unit Price Total Amount 1 CONCRETE SEAT WALL 80 LFT ALTERNATE #1 TOTAL ALTERNATE #2 Item No. Description Quantity Unit Unit Price Total Amount 2 PICNIC TABLES 2 EA ALTERNATE #2 TOTAL ALTERNATE #3 Item No. Description Quantity Unit Unit Price Total Amount 3 PAVILION/SHADE STRUCTURE 2 EA ALTERNATE #3 TOTAL Bidder (Firm): Address: City/State/Zip: Telephone Number: ( ) By (Signature) (Printed Name of Person Signing) R. Yoder Construction, Inc. R. Yoder Construction, Inc. 27453 CR 150 Nappanee, IN 46550 574 773-3502 Brad Yoder $2,650.00 $5,300.00 $17,600.00 $35,200.00 $175.00 $14,000.00 $875.00$7.00 $55.00 $55.00 $400.00 $400.00 $400.00 $1,600.00 $300.00 $600.00 $7,000.00 $7,000.00 $14,000.00 $5,300.00 $35,200.00 $550.00 $6,600.00 $4.90 $8,575.00 $3.00 $2,175.00 $361,658.00 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-1.0 MBE PARTICIPATION Version 4/2/2019 Contractor’s Bid for Public Works - 9 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE participation. It is the bidder’s sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority owned business. Project Number: 120-044 Project Name: Ignition Park: EV Charging Park Bidder: Total Bid Amount: MBE Goal: Page_______of___ ____ Name & Address of MBE/WBE 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: Print Name Signature Date 2.4%R. Yoder Construction, Inc. 03-09-2021Brad Yoder $416,158.00 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS Version 4/2/2019 Contractor’s Bid for Public Works - 10 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: 120-044 Date: Project Name: Ignition Park: EV Charging Park Bidder: Contact Person: Telephone: Address: City: State: Zip: Email: To determine whether a bidder has demonstrated good faith efforts to reach the MBE/WBE 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 MBE/WBEs of contracting and subcontracting opportunities. 2. Advertise in general circulation and/or trade association publications concerning subcontracting opportunities, and allow MBE/WBEs reasonable time to respond. 3.Perform any and all necessary steps to provide written notice in 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 MBE/WBE firms. **Bidder must circle or otherwise notate which of the two (2) required actions were performed. GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBE/WBEs, 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 MBE/WBEs in order to increase the likelihood of meeting the MBE/WBE goals (including breaking down contracts into smaller units to facilitate MBE/WBE participation) CONTRACT RECORDS: The bidder has maintained the following records for each MBE/WBE 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 MBE/WBE was unqualified to perform the job. *Proper demonstration of 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. 03-09-2021 R. Yoder Construction, Inc. Brad Yoder 574-773-3502 27453 CR 150 Nappanee IN 46550 brad@ryoderconstruction.com CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBE/WBE CONTACTED Version 4/2/2019 Contractor’s Bid for Public Works - 11 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE 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. Project Number: 120-044 PAGE_______OF________ WBE Participation Goal Project Name: Ignition Park: EV Charging Park Bidder: By: (Signature) (Title) (Date) 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: 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: 4.2% 1 R. Yoder Construction, Inc. Vice President of Operations 03-09-2021 2 Martell Electric Doug Martell 574-271-5000 574-271-5400 Electrical Ritchard Bros. Excavating Don Ritschard 574-288-4777 Excavation Received bid Did not recieve bid Received bid CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM FORM MWBE-2.1 MBE/WBE CONTACTED Version 4/2/2019 Contractor’s Bid for Public Works - 11 This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring contacted MBE/WBE 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. Project Number: 120-044 PAGE_______OF________ WBE Participation Goal Project Name: Ignition Park: EV Charging Park Bidder: By: (Signature) (Title) (Date) 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: 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: 4.2% 2 2 R. Yoder Construction, Inc. Vice President of Operations 03-09-2021 Slussers Green Thumb John Williamson 800-762-7442 Seeding Did not recieve bid Date: March 5, 2021 To: All Planholders From Anne Fuchs, Clerk, Board of Public Works Subject Addendum Number: 1 Project Name: Ignition Park: EV Charging Park Project No.: 120-044 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. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Authorized Signature: Date: CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 03-05-2021 R. Yoder Construction, Inc. 03-05-2021 Version 5/16/2019 General Conditions - 1 CITY OF SOUTH BEND STATEMENT OF POLICY 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 advertise d 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 Anne Fuchs, Clerk NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. Local Time. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening date and time. Version 5/16/2019 General Conditions - 2 CITY OF SOUTH BEND EQUAL EMPLOYMENT OPPORTUNITY CONTRACTING PROVISIONS DIVERSITY UTILIZATION 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. Subpart B -- Contractors' Ag reements 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 - 3 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 - 4 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 II, 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 - 5 MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM 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: http://www.in.gov/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 MBE/WBE; (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 - 6 CITY OF SOUTH BEND, INDIANA CONTRACTOR’S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Ignition Park: EV Charging Park Project No. 120-044 For Bids Due March 9, 2021 at 9:00am Local Time – electronic bids should be submitted to bpwbids@southbendin.gov Contractor Name: 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 II 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. 10594-18 (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” st anding, 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. R. Yoder Construction, Inc. Version 5/16/2019 General Conditions - 7 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 - 8 I.PRE-QUALIFIED BIDDER CHECKLIST (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. (ii) ___By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (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). (ii) ___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. (iii) ___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 - 9 II.PRE-QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE-QUALIFIED) (a) Acknowledgements: (i) ___By checking this box, I hereby acknowledge that I am not a pre-qualified bidder with the City of South Bend. (ii) ___By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) ___By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv)___By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub-contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (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). (ii) ___List identifying all former business names. (iii) ___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)___Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v)___Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi)___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. (vii) ___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) ___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 - 10 (ix)___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) ___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: ___________________________________________ ________________________________________________ (Sign Here) ________________________________________________ (Print Name Here) ________________________________________________ (Name of Company) ________________________________________________ (Address of Company) ________________________________________________ (City) ________________________________________________ (State) ________________________________________________ (Telephone Number) 03-09-2021 Brad Yoder R. Yoder Construction, Inc. 27453 CR 150 Nappanee Indiana 574-773-3502 CITY OF SOUTH BEND JAMES MUELLER, MAYOR DEPARTMENT OF PUBLIC WORKS ERIC HORVATH, DIRECTOR August 24, 2020 Patty Kaylor R. Yoder Construction patty@ryoderconstruction.com RE: Pre-Qualification Verification Dear Ms. Kaylor: This letter serves as verification of Pre-Qualification status of your company for bidding with the City of South Bend. This Pre-Qualification status is effective for twelve (12) months from the date of this letter. Thereafter you are required to re-submit a complete application for continuation of pre-qualification status prior to December 31 for the upcoming calendar year. A copy of this Verification Letter must be included with every bid exceeding $150,000 submitted to the City of South Bend Board of Public Works, along with your Pre-Qualified Bidder Checklist and attachments. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Liz Horvath, Permit Manager BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 03/05/2021 04:13 PM Business Details 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 Date: 04/30/2022 Years Due: Principal Information 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 Registered Agent Information Type:Individual Name:JASON E YODER Address:27453 CR 150, P.O. BOX 69, NAPPANEE, IN, 46550, USA 27453 CR 150 | Nappanee, IN | 46550 | Tel: 574.773.3502 | Fax: 574.773.4941 www.ryoderconstruction.com Staffing Statement Ignition Park: EV Charging Park Project No. 120-044 R. Yoder Construction has sufficient labor staffing including employees on staff, subcontractors and reliable external staffing agencies to meet the requirements of this project. 27453 CR 150 | Nappanee, IN | 46550 | Tel: 574.773.3502 | Fax: 574.773.4941 www.ryoderconstruction.com See below the listing of projects of similar size and scope of work performed in areas, in the State of Indiana. Century Center Upgrades October 2019 Toy Villa, 574-235-5920 Bremen Public Schools, Bus Lane and School Renovations October 2019 Jim White, 574-546-3511 Concord Community Schools, Summer Projects July 2020 Jeff Phillips, 574-875-5161