HomeMy WebLinkAbout2019 Annual Inclusive Contracting and Procurement Report 1-11-21 Final0
Annual Inclusive Contracting and Procurement Report
CITY OF SOUTH BEND Inclusive Procurement Program
OFFICE OF DIVERSITY AND INCLUSION FY 2019 Michael A. Patton, MNA-Diversity, Compliance & Inclusion Officer
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Inclusive Procurement Program Annual Diversity Purchasing report F.Y. 2019 Index
Table of Contents
Index Page: 1
Executive Summary Page: 2
2019 Annual Spend and Participation Page: 3
Vendor Location Page: 4
Annual Procurement and Contracting Spend Page: 5
Award Amount Comparison Page: 6
Purchase Order Comparison Page: 7
Vendor Participation Page: 8
The Future Page: 9
Strategy and Methodology Page: 10
Business Development Outreach and Engagement Page: 11
Appendix Page: 12-33
I. Definitions
II. Contract Documentation and Specifications
III. Notice to Bidders
IV. General Conditions
V. Contractors Bid for Public Works
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EXECUTIVE SUMMARY
The Annual Inclusive Contracting and Procurement Report for the City of South Bend is belatedly delayed due to the personnel changes
at the end of 2019, beginning 2020. The annual report for 2020 will be prepared by the Office of Diversity and Inclusion during the first
quarter of 2021.
Under the Ordinance No. 10081‐11, adopted April 23, 2011 as amended by Ordinance 10693-19 adopted November 12, 2019 this
annual report is filed January ??, 2021 with the City of South Bend Common Council, and copies submitted to Mayor James Mueller,
the City Controller, and the Inclusive Procurement and Contracting Board.
In 2018, the City of South Bend commissioned the City's first Minority and Women Business Enterprise Disparity Study ("Study").
Colette Holt & Associates (CHA) was retained by the City of South Bend ("City") to perform a study in conformance with strict
constitutional to determine whether the use of race- and gender-conscious measures would be warranted. This study reviewed the City’s
utilization of Minority Women-Owned Business Enterprise (Collectively MWBE’s) the availability of MWBE’s in the City’s market
area and analyzed disparities between availability and utilization. CHA analyzed contract data for fiscal years 2015 through 2017.
The Study's results were released in the fourth quarter of 2019. The results supported the City's compelling interest in implementing a
new race and gender-conscious Diversity Compliance and Inclusion program. The statistical data and the anecdotal testimony provided
a sound basis for the use of narrowly tailored remedial race and gender-based measures to ensure equal opportunities for all firms to do
business with South Bend.
In connection with the release of the Disparity Study during the fourth quarter of 2019, the Common Council updated Executive Order No. 01-
2016 , enacted as Ordinance Number 10693-19 and replacing current Chapter 14.5 of the South Bend municipal code to address inclusive
minority and women business enterprise development programs.. In its ninth year of operation, the Diversity Development Program has
continued to build a sustainable and robust procurement program that continually provides equal opportunities and inclusion to local,
regional, and national minority and woman‐owned business enterprises. The (IPC) Board, along with the Diversity Compliance and
Inclusion Officer, Director of Purchasing, Legal Department, and the Board of Public Works, are the groups primarily accountable for
the program's operation and management.
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2019 OVERALL ANNUAL SPEND AND PARTICIPATION RESULTS
The Office of Diversity and Inclusion is pleased to submit the City of South Bend's 2019 Annual Diversity Purchasing results.
Total Overall
Annual Spend
Amount
Total # of
Transactions
Total MBE
Annual
Spend
Total
MBE
Annual
%
Total WBE
Annual Spend
Total
WBE
Annual
%
Total MWBE
Annual Spend
Total
MWBE
Annual %
OVERALL
ANNUAL
SPEND
$ 115,339,546.00 6357 $ 996,541.48 0.86% $ 3,564,836.23 3.09% $ 4,561,377.71 3.95%
Total Annual
Spend Amount
Total # of
Transactions
Total MBE
Annual
Spend
Total
MBE
Annual %
Total WBE
Annual Spend
Total
WBE
Annual
%
Total MWBE
Annual
Spend
Total
MWBE
Annual %
PROCUREMENT
OF GOODS AND
SERVICES
$ 66,108,158.46 6218 $ 996,541.48 1.51% $ 1,724,919.02 2.61% $ 2,721,460.50 4.12%
Total Annual
Spend Amount
Total # of
Contracts
Total MBE
Annual
Spend
Total
Annual
MBE %
Total Annual
Spend WBE
Total
Annual
WBE %
Total MWBE
Annual
Spend
Total
MWBE
Annual % BPW
CONSTRUCTION
$49,231,387.54 * 139 $0.00 0.00% $1,839,917.21 3.74% $ 1,839,917.21 3.74%
*Total Number include prime contractors only
Total
Vendors
Total Certified
MBE's
Total Uncertified
MBE's
Total
MBE's
Total Certified
WBE's
Total Uncertified
WBE's
TOTAL VENDOR
COUNT
2,721 7 42 49 7 50
0.26% 1.54% 1.80% 0.26% 1.84%
Source: 2019 ALL Vendor Disbursement Department of Innovation and Technology and Administration & Finance -City of South Bend
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Vendor Location for 2019
Source: City of South Bend 2019 Naviline Data Vendor Participation Report.
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Source: Naviline Purchasing Report Comparison 2017, 2018 and 2019.
$101,702,744 $100,696,341
$115,339,546
$90,000,000
$95,000,000
$100,000,000
$105,000,000
$110,000,000
$115,000,000
$120,000,000
1 2 3
Three Year Total Annual Procurement and Contracting Spend
Yr. 2018 Yr. 2019Yr. 2017
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Source: Naviline MBE/WBE Utilization Report for 2018-2019
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
1 2 3 4
592,097
996,541 832,342
3,564,836
Award Amount Comparison MBE/WBE 2018-2019
MBE
2018
MBE
2019
WBE
2018
WBE
2019
The 2018 Annual Total Amount for MBE and WBE participation was $1,424,439
The 2019 Annual Total Amount for MBE and WBE participaiton was $4,561,377
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Three Year Purchase Order Comparison
Source: Naviline Purchasing Report Comparison 2017, 2018 and 2019.
The bar graph illustrates the annual purchase order increase of 1474 from 2017
to 2018 but a reduction in purchase orders of 832 from 2018 to 2019.
0
1000
2000
3000
4000
5000
6000
7000
8000
5715
7189
6357
Total Annual Purchase Orders Issued
2017 2018 2019
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Two Year Vendor Participation Comparison
Source: Naviline Purchasing Report 2018-2019
The total vendor participation increased by 463 participants from 2018 to 2019.
0
500
1000
1500
2000
2500
1808
2271
Total Vendor Participaiton 2018-2019
2018 2019
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THE FUTURE
The Diversity, Compliance, and Inclusion Officer continues to work with the Director of
Purchasing to support further the goals and vision of the Mayoral Executive Order and Inclusive
Procurement & Contracting Board recommendations. Internally, the Office with Administration
and Finance Team is working to improve communications efforts to increase minority vendor
registration and participation in the City of South Bend funded projects. The goal is to reduce city
contract barriers to give full and fair opportunities for minority and women-owned firms.
Implement Race-and Gender-Neutral Measures-This is a critical element of narrowly tailoring the
program. Increased participation by M/WBE's through race-neutral measures will also reduce the
need to set M/WBE contract goals.
In consultation with the Board and City Legal Department, the Office of Diversity and Inclusion
shall review bidder requests for MWBE Program waivers and from MWBE requirements for all
contracts over $50,000. The Department will also maintain lists of WBE’s and MBE’s by NAICS
code for use by the City's purchasing agency, purchasing agent, City Buyers, and construction
project managers. Such lists shall delineate by NAICS code the goods, services, professional
services, or construction-related activities which the MWBE or DBE is certified and able to
perform or provide.
The Office of Diversity and Inclusion will continue to refine and improve our ability to track City
spending by Department to develop and maintain a spending forecast report. This report should
assist small local businesses, predominantly minority and women businesses, prepare for
upcoming procurement and contracting opportunities within the City for the forthcoming year.
The City of South Bend Diversity and Inclusion Team will focus on reducing barriers and ensure
that all certified Minority and Women's Business Enterprises (MBE/WBE) will be afforded full
opportunity to submit statements of interest and will not discriminate against any vendor on the
grounds of race, color, religion, sex, disability, national origin, or ancestry in the selection process.
The Office of Diversity and Inclusion wants to encourage MBE, WBE Minority participation on
city contracts by establishing unique procurement goals on City's contracts. The Office of
Diversity and Inclusion Team maintains a competitive environment while ensuring that contracting
opportunities are available to small businesses.
The City of South Bend will continue to partner with the Westside Small Business Resource Center
(CUC Center) to serve as a local resource that encourages development, coaching, and local
minority entrepreneurs. Other partners include the Latin American Chamber, Spark Program at
Saint Mary's College, South Bend Regional Chamber of Commerce, and South Bend/Elkhart
Regional Partnership.
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The Office of Diversity and Inclusion was awarded a $50,000 Inclusive Procurement Grant. The
goal is to pursue a range of projects to find innovative, effective, locally tailored strategies to
leverage public purchasing power to develop firms owned by people of color. Local initiatives
range from implementing aggressive outreach strategies, developing procurement portals, and
creating an ecosystem of support services for firms owned by people of color to increase their
opportunities to gain city contracts. The City's Project will focus on leveraging over $1.8 billion
combined contracting and procurement spending of the top 10 employers in South Bend. These
initiatives will help to create, stabilize, and scale-up MBE/MWBE's that offer the goods, services,
professional services, and contracting used locally every day to address the longstanding racial
wealth divide through entrepreneurship.
STRATEGY
Leveraging City procurement and contracting alongside anchor institutions like The University of
Notre Dame, Beacon Healthcare Systems, South Bend Community School Corporation, AM
General procurement and contracting to intentionally support small MBE's, MWBE's located
within the City's geographic marketplace, especially those located within South Bend Opportunity
Zones, and HUB zones by using a Community Benefits Agreement designed to purposefully close
the racial wealth gap for all City of South Bend residents.
• Review and Amend City Policy and Ordinances-Based on recommendations of the
City of South Bend Disparity Study to ensure support, access, and growth of diverse
businesses
• Create easily accessible financing packages and develop partnerships with local
community development centers and financial institutions to support emerging, and
existing small local minority and women business enterprises to start, maintain, and grow
small businesses.
• Implement an easily accessible accountability dashboard and new software system
that will track compliance contracts with MBE, MWBE, WBE goals and Section 3
workforce use outcomes, electronic contracting data collections
• Implement Race and Gender-Neutral Measures
METHODOLOGY
To measure the purchasing and to contract for the City of South Bend, this Annual Report relied
on data collected the 2019 year, in Naviline, the City’s former financial management system. The
Indiana Department of Administration (IDOA) and Indiana Department of Transportation
(INDOT) were additional resources used to identify MBE's and WBE’s participation in City
contracts.
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MBE and WBE BUSINESS DEVELOPMENT, OUTREACH AND ENGAGEMENT
The Diversity, Compliance and Inclusion Officer continues to work with the Director of
Purchasing, Board of Public Works, Inclusive Procurement and Contracting Board, to further
support the Ordinances' goals and vision of Mayoral Executive Order and the Inclusive
Procurement & Contracting Boards recommendations.
The Office of Diversity and Inclusion Team City and South Bend Purchasing Division has
encouraged vendor registration "Doing Business with the City" and outreach sessions with local
women and minority business organizations. We will focus on tracking the number and type of
WBE/MBE organization sessions we conduct and outcomes—which businesses are successfully
awarded bids with the City. The goal is to reduce city contract barriers to give full and fair
opportunities for minority and women-owned firms.
The Office of Diversity and Inclusion, City Controller, Director of Purchasing, and the Legal
Department continues to review and revise internal procurement and contracting policy that more
clearly reflects the Citywide goals for inclusive procurement and contracting compliance based
upon the provisions of Ordinance 10693-19. The Office of Diversity and Inclusion may also direct
residents interested in starting a business to local resources like the Westside Small Business
Resource Center, where they could learn how to become a Section 3 Business Enterprise and
register to do business with the City of South Bend.
The City of South Bend Diversity and Inclusion Team will focus on reducing barriers and ensure
that all certified Minority and Women's Business Enterprises (MBE/WBE) will be afforded full
opportunity to submit statements of interest and will not discriminate against any consultant on the
grounds of race, color, religion, sex, disability, national origin, or ancestry in the selection process.
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APPENDIX
Summary of Procurement Process
I. Definitions
II. Contract Documents and Specifications
III. Notice to Bidders
IV. General Conditions
V. Contractor's Bid for Public Works
Please visit our website: https://southbendin.gov/doing-business/ for a variety of resources
including vendor registration, submit a city contract bid, apply for business license and other
helpful resources.
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DEFINITIONS
"Award" means contracts approved by the Board of Public Works for award to
a particular vendor in accordance with the City of South Bend purchasing
policy.
"Bidder" means any person, partnership, corporation, limited liability company,
association, or Joint Venture seeking to be awarded a City contract.
"City" means the City of South Bend, Indiana.
"City's Marketplace" means the location of the City's current contractors,
including the metropolitan statistical areas of South Bend/Mishawaka,
Elkhart/Goshen, Indianapolis, and Chicago.
"Contractor" means any person, partnership, corporation, limited liability
company, association, or Joint Venture that has been awarded a City Contract.
"Emergency contract" shall mean a contract that is awarded on an emergency
basis due to a threat of harm to a person or property or threat of disruption of
governmental services.
"Minority‐Owned Business Enterprise (MBE)" means a sole proprietorship,
partnership, corporation, limited liability company, Joint Venture, or any other
business or professional entity:
a) Which is at least 51% owned by one or more Minority Individuals, or in the
case of a publicly owned business, at least 51% of all classes of the stock of
which is owned by one or more Minority Individuals; and
b) Whose management, policies, major decisions, and daily business operations
are independently managed and controlled by one or more such more Minority
Individuals;
"Minority Individual" means a person who is a member of one of the following groups:
a) "Black Americans," which includes persons having origins in any of the
Black racial groups of Africa;
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b) "Hispanic Americans," which includes persons of Mexican, Puerto Rican,
Cuban, Dominican, Central or South American, or other Spanish or
Portuguese culture or origin, regardless of race;
c) "Native Americans," which includes persons who have enrolled members
of a federally or State recognized Indian tribe, Alaska Natives, or Native
Hawaiians;
d) "Asian‐Pacific Americans," which includes persons whose origins are from Japan,
China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea),
Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust
Territories of the Pacific Islands (Republic of Palau), Republic of the Northern
Marianas Islands, Samoa, Macao, Fiji, Tonga, Kirbati, Tuvalu, Nauru, Federated
States of Micronesia, or Hong Kong; Or
e) "Subcontinent Asian Americans," which includes persons whose origins
are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal, or
Sri Lanka.
"MWBE" means a business that has been certified as both a minority business
enterprise and as a women business enterprise through a certifying agency
recognized by the City of South Bend.
"Ordinance" means City of South Bend Ordinance Number 10081‐11. "Spend" means
total dollars paid to certified MBEs and WBEs, or all City vendors, less Exclusions.
"Subcontractor" means any person entering into a contract with a Contractor to furnish
services or supplies toward the Contract directly.
"Woman" means a person of the female gender.
"Woman‐Owned Business Enterprise (WBE)" means a Local Small Business
Enterprise, including a sole proprietorship, partnership, corporation, limited
liability company, Joint Venture, or any other business or professional entity:
a) Which is at least 51% owned by one or more Women, or in the case of a publicly
owned business, at least 51% of all classes of the stock of which is owned by one or
more Women; and
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b) Whose management, policies, major decisions, and daily business operations are
independently managed and controlled by one or more such Women.
c) "Utilization" means the best use of available certified MBE/WBE within the City's
marketplace.
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
Project No.
Prepared for
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
By
Registered Professional Engineer
State of Indiana No.
FOR BIDS DUE:
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City of South Bend, Indiana
Department of Public Works
Project No.
Notice to Bidders 1 Page
General Conditions 7 Pages
City of South Bend for Public Works Checklist for Bidders 8 pages
(*) Anne Fuchs-has transitioned into new role as City Clerk and taking over responsibilities of
Linda M. Martin as of January 2021.
Version 3/31/2020 Notice to Bidders 18
NOTICE TO BIDDERS
Notice is hereby given that the City of South Bend, Indiana, Board of Public Works will receive sealed
electronic bids at bpwbids@southbendin.gov until 9:00 a.m., Local Time, on, 20 for the following:
Project No. border
The Title of the Bid and Project Number (where applicable) as described above must be included in the
subject line of the email to which you have attached your Bid. The name of the company/vendor, address,
contact email address and phone number must be included in the body of the email. Detailed instructions
and information, including the link to the Reserved Mailbox for electronic bid submittals, is available at
southbendin.gov/bids.
Work includes construction of a at in South Bend, all more particularly described in plans and
specifications prepared by , phone .
The Contract Documents are on file and available for public inspection or purchase commencing on the
first advertise date during regular working hours at American Reprographics Company ("ARC", located at
1303 Northside Blvd., South Bend, Indiana, 46615), www.e-arc.com/location/south.bend/ (574) 287-2944,
toll free at (800) 783-7231. There will be a non-refundable charge for reproduction as set by ARC for every
set of documents for all bidders. Additionally, the Contract Documents will be available that same day for
inspection at MACIAF, 212 W. Colfax Ave. South Bend, IN 46601.
Electronic bids must be on the City of South Bend Contractor's Bid for Public Work Form, accompanied by
an electronic copy of a Bid Bond or Certified Check in the amount of not less than five percent (5%) of the
base bid plus any alternates. The awarded Bidder will be required to send the original check or bid bond
via USPS.
Each Bidder or contractor (hereinafter the contractor) must comply with "City of South Bend EEO
Contracting Provision Diversity Utilization" included in the specifications as to each construction trade it
intends to use on this construction contract and all other construction work (both federal and non-federal)
in the St. Joseph County area during the performance of this Contract or subcontract. The contractor
commits itself to the goals for minority manpower and all other requirements, terms and conditions of these
bid conditions by submitting a properly sealed bid. Woman and Minority-Owned Business Enterprises
(W/MBE) are encouraged to respond to this notification. 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
Bidder Ordinance no later than the date of the public bid opening. Please note: The City reserves the
right to request supplemental information provided by the Bidder, and may also conduct random
inquiries of the Bidder's current and previous customers regardless of pre-qualified status.
A Pre-Bid Conference will be held on , 20 at Local Time at . Any questions
about bidding conditions must be addressed to the Owner in writing no later than .
The Board reserves the right to reject any or all bids or to accept a full or partial award of the Bid or bids
which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award
the base bid plus any alternate(s), the Board will look at the totality of the cost when determining the lowest,
responsive and responsible Bid.
BOARD OF PUBLIC WORKS
Linda M. Martin , Clerk *
Publish two (2) times:
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Version 5/16/2019 General Conditions-
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 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
NOTE: Incoming mail does not reach the Board of Public Works until after 9:00 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.
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Version 5/16/2019 General Conditions-
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.
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CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
RESPONSIBLE BIDDER CHECKLIST
Project Name (Name here)
Project No. (Number here)
For Bids Due (Date here)
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" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre-Qualified
Bidders") by December 31 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.
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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.
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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 (i.e. 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.
II. +
24
Version 5/16/2019 General Conditions-
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 (i.e. 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 I.C. 4-13-18-5 or I.C. 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.
25
Version 5/16/2019 General Conditions-
(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)
Version 4/2/2019 Contractor’s Bid for Public Works - 26
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 statutory requirements. In preparing your Bid, please use the following
checklist in order to make sure that your Bid is done in the proper manner.
Proper bid security included. The Bidder has the option of providing either a Certified Check or
Bid 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 (Name here)
Project No. (Number here)
For Bids Due (Date Here)
Version 4/2/2019 Contractor’s Bid for Public Works - 27
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
Project Name (Name here)
Project No. (Number here)
For Bids Due (Date here)
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
Gary A. Gilot, President Jordan V. Gathers, Member
Elizabeth A. Maradik, Member Therese J. Dorau, Member
Joseph R. Molnar, Member Attest: Linda M. Martin, Clerk
By
(Signature)
(Printed Name of Person Signing)
Version 4/2/2019 Contractor’s Bid for Public Works - 28
PART II
(For projects of $100,000 or more – I.C. 36-1-12-4)
These statements to be submitted under oath by each Bidder with and as part of his/her/its Bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE
1. Attach information regarding projects your organization has completed for the period of one
(1) year prior to the date of the current Bid.
2. Attach a listing of public works projects currently in process of construction by your
organization.
3. Attach information regarding any failure to complete any work awarded to you and the location
thereof.
4. Attach references from private firms for which you have performed work.
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
1. Attach an explanation of your plan or layout for performing proposed work. (Examples could
include a narrative of when you could begin work, complete the Project, number of workers,
etc. and any other information which you believe would enable the City of South Bend to
consider your Bid.)
2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside
your own firm who have performed part of the work) that you have used on public works
projects during the past five (5) years along with a brief description of the work done by each
subcontractor.
3. If you intend to sublet any portion of the work, attach the name and address of each
subcontractor, equipment to be used by the subcontractor, and whether you will require a
bond. However, if you are unable to currently provide a listing, please understand a listing
must be provided prior to contract approval. Until the completion of the proposed Project, you
are under a continuing obligation to immediately notify the City of South Bend in the event that
you subsequently determine that you will use a subcontractor on the proposed Project.
4. Attach a listing of equipment you have available to use for the proposed Project.
5. Have you entered into contracts or received offers for all materials which substantiate the
prices used in preparing your Proposal? If not, attach an explanation for the rationale used,
which would corroborate the prices listed.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of Bidder's Financial Statement is mandatory. Any bid submitted without said
financial Statement as required by statute shall thereby be rendered invalid. The financial
Statement provided hereunder to the City of South Bend awarding the Contract must be specific
enough in detail so that said City of South Bend can make a proper determination of the Bidder's
capability for completing the Project if awarded.
Version 4/2/2019 Contractor’s Bid for Public Works - 29
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 ___________ )
) S.S.:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm, company,
corporation or partnership represented by him, entered into any combination, collusion or agreement with
any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding
nor to induce anyone to refrain from bidding, and that this Bid is made without reference to any other bid
and without any agreement, understanding or combination with any other person in reference to such bidding.
Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this Proposal that neither contractor nor any of its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency
or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from time-to-time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time-to-time, a Contractor
is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the financial
institution extends credit, is a person identified on List published by the
Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or Contract with a person that the Contractor subsequently learns is an unauthorized alien.
Version 4/2/2019 Contractor’s Bid for Public Works - 30
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 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, 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 - 31
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
Version 4/2/2019 Contractor’s Bid for Public Works - 32
BID/PROPOSAL
CITY OF SOUTH BEND
Project Name: (Name here)
Project Number: (Number here)
For Bids Due: (Date here)
Contractor
Name:
BASE BID
Item
No. Description Quantity Unit Unit Price Total Amount
1
2
3
4
5
BASE BID TOTAL
ALTERNATE #1
Item
No. Description Quantity Unit Unit Price Total Amount
6
7
8
9
10
ALTERNATE #1 TOTAL
Bidder (Firm):
Address:
City/State/Zip: Telephone Number: ( )
By
(Signature)
(Printed Name of Person Signing)
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM
FORM MWBE-1.0
MBE/WBE PARTICIPATION
Version 4/2/2019 Contractor’s Bid for Public Works - 33
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: (Number here) Project Name: (Name here)
Bidder: Total Bid Amount: MBE/WBE 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