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HomeMy WebLinkAboutOpening of Bids - Traffic Signal Detection Improvements Proj No. 120-046 - Hawk Enterprises, Inc.CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name Traffic Signal Detection Improvements Project No. 120-046 For Bids Due October 26, 2021 Contractor Name: Hawk Enterprises Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pro -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. Version 08/25/2021 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH -347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor Version 08/25/2021 General Conditions - 7 I. PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) 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). Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. (iv) _ For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Version 08/25/2021 General Conditions - 8 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) V 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). 7 List identifying all former business names. Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) (iv) years. Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) 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 V 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 08/25/2021 General Conditions - 9 s Al lEnterprises, Inc. 1850 East North Street Crown Point, IN 46307 (219) 662-8090 Fax (219) 662-8093 SECTION II. PRE -QUALIFICATION CHECKLIST (b) Attachments: (i) — See attached Business verification (ii) — Hawk Enterprises, Inc. has no former business names (iii) — There are no violation determinations against Hawk Enterprises, Inc. (iv) — Hawk Enterprises, Inc. is signatory to IBEW LOCAL 1393. Hawk utilizes the local union hall for all hiring practices. Currently, Hawk ensures we have sufficient employees on staff to complete the work. (v) —All individuals who will perform work on this public work project are classified as employees. (vi) — Hawk Enterprises, Inc is signatory to IBEW LOCAL 1393 and LOCAL 9 and therefore participates in apprenticeship and training programs as required by IBEW, who of which is approved and registered with the United States Department of Labor's Office of Apprenticeship. (vii) — See attached employee drug and alcohol policy. (viii) —See attached evidence (bond) of Hawk's surety company, Fidelity and Deposit Company of Maryland, which is on the list of approved sureties provided by the Bureau of Fiscal Service. (ix) — Hawk Enterprises, Inc. owes no federal, state, or local tax liens or tax delinquencies. (i) List of projects of similar size and scope: 1. INDOT Project 34039 Contract date: 2/28/19 Location: On US 30 & US 20 in Lake County and Porter County, Indiana Project amount: $288,385.93 Scope: Installation of signs, traffic signals, pedestrian push -buttons, EVP detectors, signal cantilevers, strain poles, service points, wire. City of South Bend Public Works Department Contract date: 6/02/21 Location: Lincoln Way West & Olive Street Project amount: $580,471.99 Scope: Installation of signs, thermal detection camera systems, pedestrian signal equipment, light poles and luminaires, wire. 3. INDOT Project 41033 Contract date: 3/04/20 Location: SR 55 in Lake County, Indiana Project amount: $255,536.49 Scope: Installation of signs, traffic signals, pedestrian push -buttons, EVP detectors, signal cantilevers, signal service, wire. BUSINESS INFORMATION HOLLI SULLIVAN INDIANA SECRETARY OF STATE 10/25/2021 11:53 AM Business Details --- — Business Name: HAWK ENTERPRISES, INCORPORATED Business ID: 1988020539 Entity Type: Domestic For -Profit Corporation Creation Date: 02/16/1988 Principal Office Address: 1850 E. North Street, Crown Point, IN, 46307, USA Jurisdiction of Formation: Indiana Governing Person information Title Name President JOHANNA A PLANK Secretary Johanna A. Plank Type: Individual Name: Johanna A. Plank Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 02/28/2022 Date: Years Due: Address 3200 E 145TH AVE, CROWN POINT, IN, 46307, USA 3200 E 145TH AVE, CROWN POINT, IN, 46307, USA Address: C/O Hawk Enterprises, Inc., 1850 E. North Street, CROWN POINT, IN, 46307 - 8638, USA d ENTERPRISES INC. January 1, 2021 Drug, Alcohol, weapons and Contraband Policy Hawk Enterprises, Inc. recognizes its responsibility to employ all necessary measures to ensure a safe and healthful working environment for it's employees, to protect and preserve our property and that of others and to cooperate with our clients and fellow contractors in our mutual efforts to provide safe and efficient operations while maintaining conditions conducive to attaining the highest possible work standards. This responsibility, in a potentially dangerous industry, demands comprehensive safety measures, extending not only to the protection and well-being of our employees and jobsites, but to the community and general public as well. Our commitment to the protection of our employees, property and the public is evidenced by the implementation of programs and procedures that ensure compliance with appropriate safety measures and all applicable laws and regulations. As a matter of law and general industrial practice, Hawk Enterprises, Inc. has the responsibility to implement reasonable work rules governing the conduct of employees on jobsite premises while engaged in Hawk business. The responsibility has in the past been carried out in various situations. Because of the obvious concern over the use of alcohol and drugs in the workplace and their negative impact on safe and efficient operations, Hawk Enterprises, Inc. has developed the following policy. Hawk Enterprises, Inc. prohibits the use, possession, distribution or sale of intoxicants, illegal and unauthorized drugs, narcotics, 'look -a like" drugs, drug paraphernalia, firearms, weapons, unauthorized explosives, stolen property or other contraband while on the jobsite premises or during Hawk Enterprises, Inc. business. (Contraband is defined as anything prohibited by law, company policy or work rules.) Employees of Hawk Enterprises, Inc. must not report for duty with any detectable amount of any drug, alcoholic beverage or other intoxicant, narcotic or other substance in their system, on their person, or in their possession. This includes legally prescribed drugs and medications that may in any way adversely affect their working ability, alertness, coordination, response, or affect the safety of others on the job or in the vicinity. Employees may continue to work at jobsites while taking prescription or non-prescription medication needed for the treatment of an illness or condition provided the medications do not affect the employee's ability to perform work safely. The employee may be required to complete a "Prescription Drug" form and Hawk Enterprises, Inc. may, as they deem appropriate, determine whether the drug could affect the employee's safety or that of others. Each employee is responsible for being aware of and following all cautions associated with the use of prescription or non-prescription medications. 1850 E. North Street - Crown Point, IN 46307 • Phone 219/662.8090 - Fax 219/662-8093 Equal opportunity Employer [ -r91JQ p Fidelity and Deposit Company of Maryland Colonial American Casualty and Surety Company Home Office: 1299 Zurich Way Schaumburg I1. 60196 ATA 13ocument 310 - 20101131d Bond CONTRACTOR (Name, legal status and address): Hawk Enterprises, Inc. 1850 E. North Street Crown Point. IN 46307 OWNER (Name, legal status and address): City of South Bend.,. Indiana. Board of Public Works 227 W. Jefferson Blvd. South Bend IN 46601 SURETY (Name, legal status and principal place of business): Fidelity and Deposit Company of Maryland 1299 Zurich Way. 5th Floor Schaumburg. IL 60196-1056 Bond Amount: 5% Five Percent of the Base Bid Plus Any Alternates PROJECT : (Name, location or address, and Project number, if any): Traffic Signal Detection Improvements; Project No. 120-046 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters in to a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction ofthe Project and otherwise acceptable to the Owner, for the faithful performance ofsuch Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed by the Contractor. �•R1'►�h\��i When this Bond has been famished to comply with a statutory or other legal requirement in the location of the Project, vlsrau.JJFT rq this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions egpoyrg to such• y statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that 1$' Cnd shall be �• construed as a statutory bond and not as a common law bond. AN n igned nd sea d is 6th day of _ October 2021 �'.z! Hawk Enterprises, Inc.()��! 'DIANA i e s) 1 C ORATION , (P ' tp i �p OtPps� B ' ; ,•44ws (Tits kill f1 PLAa� Fide 1ty and Deposit Company of Marylarl�}�����..����� (witness) Andrew A. Lanphere (S h' iw 7890 g (A (T: ngela M y, ttorney-in- act Language conforms to AIA Document A310 Bid Bond aro70001ZZ0311 f Bond Number Bid Bond Obligee City orswmeaa.rod+—.eoudoratbscWorks ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint _%nLcia M. kn(c _. its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019. By.- Robert D. Murray Vice President By. Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Wvt,� BAL '0 On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t,\tuiriri4�i ���rnnpA� Ca. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorney 4olact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of._ October . 2021 a l SEAL --300- Brian-r Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rep- ttsfclainisdgurichna.com 800-626-4577 (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. (iList of projects of similar size and scope of work performed in all areas, including the State oRyWIPAthlbOree (3) years prior to the date on which the bid is due. Date. 10/26/2021 (Sig ere) Johanna Plank, President (Print Name Here) Hawk Enterprises, Inc. (Name of Company) 1850 E North St (Address of Company) Crown Point _ (City) IN, 46307 (State) 219-662-8090 (Telephone Number) Version 08/25/2021 General Conditions - 10 ti rJ r CITY OF SOUTH BEND, INDIANA y CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Traffic Signal Detection Improvements Project No. 120-046 For Bids Due October 26, 2021 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/ BE 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/ BE Contacted Form [MWBE-2.1]. V Acknowledge Receipt of 1 Addendum(s) included with the bid. V 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. V 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: Hawk Enterprises, Inc. By Authorized Representati e: Signature: Print Name & Title: Joh nna Plank, President Version 08/25/2021 Contractor's Bid for Public Works - 1 Date: 10/26/2021 Fidelity and Deposit Company of Maryland U0 Colonial American Casualty and Surety 90agr Company Home Office: 1299 Zurich Way Schaumburg Il. 60196 AIA Document 310 - 2010 gid gond CONTRACTOR (Name, legal status and address): Hawk Enterprises, Inc. 1850 E. North Street Crown Point, IN 46307 OWNER (Name, legal status and address): City of South Bend Indiana Board of Public Works 227 W. Jefferson Blvd. South Bend, IN 46601 SURETY (Name, legal status and principal place of business): Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 Bond Amount: 5% Five Percent of the Base Bid Plus Any Alternates PROJECT: (Name, location or address, and Project number, if any): Traffic Signal Detection Improvements; Project No. 120-046 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters in to a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed by the Contractor. r�D�p) e When this Bond has been fumished to comply with a statutory or other legal requirement in the location of the Project, �j is�, this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions c yrto such•• statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that �nd shall be ••�� construed as a state ory bond and not as a common law bond. i • AN (1 ,Sjgned nd sea d is 6th day of October 2021'�'�� ,'DIANA l Hawk Enterprises, Inc. i C ORATION ; i e s)I (Pr' tp 01Pps B (Tidef or n=+� Andrew A. Lanphere Language conforms to AIA Document A310 Bid Bond BID7000IZZ0311f and Deposit Company of act 289L� Language conforms to AIA Document A310 Bid Bond BID7000IZZ0311f and Deposit Company of act Bond Number Bid Bond Obligee City of south Bend, Indiana, Board of Public works ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Angela M. Rileyits true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of June, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND RAL By: Robert D. MurrayY aY20 Vice President w� By. Dawn E. Brown �` tws Secretary•.+.... State of Maryland County of Baltimore On this 19th day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorn02An-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of October 2021 into VU14 s.... - SEAL Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rcl)ortsfclaims�,zurichna.com 800-6264577 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 4660 1-1 830 Date: To: From Subject Project Name: Project No.: PHONE 574/235-9251 FAX 574/ 235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 21, 2021 All Planholders Anne Fuchs, Clerk, Board of Public Works Addendum Number: 1 Traffic Signal Detection Improvements _ 120-046 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: NIZ 1 /Z I 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. TRIS 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: Hawk Enterprises, Inc. Authorized Signature: Date: 10/21/2021 �ourJ: 1316 COUNTY -CITY BUILDING p. PHONE 574/235-9251 227 W. JEFFERSON BOULEVARD U FAX 574/235-9171 SOUTH BEND, INDIANA 46601-1830 TDD 574/ 235-5567 r R i Mi5 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Traffic Signal Detection Improvements 120-046 Addendum No. 1 Date: October 21, 2021 To: All Plan Holders From: Leslie Biek, Project Engineer The items in this addendum are to become a part of the original documents as if included therein. Only the noted items are affected, and the remainder of the original contract document is to remain in its entirety. The following are bidder questions and corresponding answers from the City and Engineer: 1. The Bidders are advised that where the Contract Documents reference the 2020 INDOT Standard Specifications, the current 2022 INDOT Standard Specifications shall replace the 2020 INDOT Standard Specifications in the Contract Documents. 2. Attached to this Addendum are the minutes to the October 11, 2021 Pre -Bid Conference, including the following 2 questions which were the only questions asked at the Pre -Bid conference. Q. Are bids electronic only or can hard copies be turned in? A. Electronic only Q. Does the City require circular loops, or are the INDOT hexagonal loops acceptable? A. The City prefers the circular loops. The plans show the hex loops. We will clarify in an Addendum that the project requires the circular. 3. The Bidders are advised that roadway detection loop configurations, shall be circular and not hexagonal as detailed on the revised plan drawings and special provisions of this Addendum. The Bidders are advised that new pay items for "Remove Service Point" and "Service Point — Single Meter Cabinet and Foundation" have been added to this project as part of this Addendum for only the following two (2) intersections of the project: Hickory Road/Miracle Lane (Division 2), and E. Ireland Road/S. St. Joseph Street, (Division 5). The new service point work shall be in accordance with the City of South Bend Standard Details 6-1 and 6-2, which are attached to this Addendum. The new pay items have been added to the itemized proposal for the two (2) intersections involved, and Special Provision XXXI, "Traffic Signal System Improvements" has been revised to address the added pay items, as attached to this Addendum. The entire current itemized proposal section is attached to this Addendum for all divisions, to be used for bidding. Also attached to this Addendum are updated plan sheets 3 of 6 and 6 of 6 as revised for the added pay items. All service point work, included but not limited to the constructing of the conduit for service point shall be included in the cost of the established pay item for new service point. 5. The Bidders are advised that the attached, four (4) page "City of South Bend's Guidelines For Good Faith Efforts By Contractors In Meeting MWBE Contract Goals" is herein added to the Contract Documents. The Bidder shall consider these added "guidelines" to be inserted into the "Contract Documents and Specifications" of the Bid Documents immediately after "Minority and Women Business Enterprise Inclusion Program Plan" on page 5 of the General Conditions. 6. The Bidders are advised that Special Provision XXXI "Traffic Signal System Improvements" Part 7 has been revised to exclude pavement milling, removal, and patching, except minor incidental pavement reconstruction as needed to remove and replace the loop detector housing for Division 5, E. Ireland Road/S. St. Joseph Street intersection. All roadway loop work, including but not limited to the removal and replacement of the loop detector housing and related minor pavement reconstruction shall be included in the cost of the established pay item "Replace Roadway Loops, 3 EA & Detector Housing". The entire revised Special Provision XXXI is attached to this Addendum. 7. Regarding Item 3 of Special Provision XXXI., "Traffic Signal System Improvements", all construction shall be in accordance with "Gridsmart" Specifications, including equipment and processor capabilities. The Awarded Contractor may propose an alternate hemispherical camera detection system, in which case it shall be the Awarded Contractor's responsibility to prove the proposed alternate system to be an "Approved Equal" system as specified in the Contract Documents, subject to the City of South Bend's review and approval prior to proceeding with the work. 8. The Bidders are advised that in connection with Addendum No. 1 plan changes, the MBE and WBE goals for this project are revised as follows: MBE —1.6% WBE — 4.5% Attached to this Addendum are the affected pages of the Contract Documents. END OF ADDENDUM JONES PETRIE RAFINSKI W TW �k 1 8AF 0328 == * sraM OF 1ANAL Mark E. Wilson, P.E. Registered Licensed Engineer A signed copy of this addendum shall be submitted with the proposal. Acknowledgedby: Hawk Enterprises, Inc. _l Attachments: -This addendum consists of a total 29 pages inclusive of "Acknowledgement of Receipt of Addendum" sheets- CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Traffic Signal Detection Improvements Project No. 120-046 For Bids Due October 26, 2021 PART I (Must be completed for all bids. Please type or print) Date: 10/26/2021_ Bidder (Firm): Hawk Enterprises, Inc. Address: 1850 E North St City/Statelzip: Crown Point, IN 46307 Telephone Number: J 219 662-8090 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to fumish labor and/or material necessary to complete the public works project of. Traffic Signal Detections Improvements the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Jones Petrie Rafinski and dated 10/26/2021 for the sum of (enter the Total Bid as shown on the Proposal) one hundred seventy-one thousand nine hundred fifteen and 00/100 �$ 171,915.00 (Enter sum of All Divisions 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 attach By Signature Johanna Plank, resident _ (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this -26th day of Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member October Joseph R. Molnar, Member Jordan V. Gathers, Member Attest: Anne Fuchs, Clerk Version 08/25/2021 Contractor's Bid for Public Works - 2 20 21 PART II (For projects of $100,000 or more — IC 36-1-12-0) 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 If 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 08/25/2021 Contractor's Bid for Public Works - 3 PART II SECTION I EXPERIENCE QUESTIONNAIRE 1. Projects we have completed one year prior to date of current bid: a. Robbins Road Extension, Portage, IN b. 5t' Street & South Street, Traffic Signal, Lafayette, IN c. Howard and Corby Blvd. Streetscape, City of South Bend, IN d. Riverwalk: From Howard Park to Beyer, City of South Bend, IN 2. List of public works projects currently in process: a. Lincoln Way West @ Olive St, City of South Bend, IN b. Mayflower and Sample St, City of South Bend, IN c. W. Washington St, City of Monticello, IN d. 109t' Ave. West Contract #1, City of Crown Point, IN 3. Failure to complete any work NONE 4. List of references: a. Milestone Contractors North b. Rieth-Riley c. Selge Construction d. E&B Paving Se ozo 11 �Irzn + etv�Prncn+ IwAonn-ii're Explain 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 government unit to consider your bid.) a. Utility Locates b. Layout c. Install Foundations d. Install Signal Equipment e. Removal of Existing Signals f. Cleanup g. Final Job 2. Please list 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. i. N/A 3. If you intend to sublet any portion of work, state 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 government unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. a. NO. 4. What Equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. a. Gradall's b. Dump Truck c. Spool Trailer d. Utility Truck 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. a. YES. When the prospective Contractor is unable to certify to any of the statements below, U shall attach an explanation to this Afdavi& CONTRACTOR'S NON -COLLUSION AND KION -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 Indiana ) Lake COUNTY ) SS: 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 oflran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or 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 08/25/2021 Contractor's Bid for Public Works - 4 Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E -Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E -Verify Program is included and attached as part of this 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, firms, 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 contract or employment, or any matter directly or indirectly related to contracting or employment because of race, sex, religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation, or due to age or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions will consider the Contractor's good faith efforts to obtain participation by those subcontractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE') as a factor in determining the lowest, responsible, responsive bidder. Contractors seeking the award of a City contract cannot be required to award a subcontract to an MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal -eligible contracts, Contractors are required to either meet both MBE and WBE utilization goals or demonstrate that the Contractor has made good faith efforts to obtain participation from MBE and WBE subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit that Contractor from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact to which the discriminatory practice or noncompliance pertains. 7. The undersigned Contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 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 1 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 08/25/2021 Contractor's Bid for Public Works - 5 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 26th day of October, 2021 Subscribed and sworn to before me this 26th My Commission Expires 10/14/23 County of Residence Hawk Enterprises, Inc. Contractor/Bidder (Firm Sig re of Contracto /Bidder or Its Agent Johanna Plank, President Printed Name and Title _ day of Oct be r , 20 21 -Taiaty is LaPorte p01"tE14, GREGORY PAUL NEULIE9 'LNolory Public, State o1 Inciana LaPorte County SEgti<.: Commission # 674263 My Commission Expires October 14, 2023 Version 08/25/2021 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number: 120-046 For Bids Due: October 26, 2021 +ws Contractor Name: Hawk Enterprises, Inc. Division 1: Hickory Rd at W Catal a Dr Item No. Description p Quantity Unit Unit Price Total Amount 1 Construction Engineering 1 LS $100.00 $100.00 2 Maintaining Traffic 1 LS $500.00 $500.00 3 Mobilization and Demobilization 1 LS $500.00 $500.00 4 Remove FUR Detection 1 1 LS LS $1,500.00 $28,000.00 $1,500.00 $28,000.00 5 S stem erical Camera Detection 6 Remove PED Push Button System Assembly 4 4 EA EA $120.00 $2,000.00 $480.00 $8,000.00 7 PED Push Button Assembly Traffic Signal Cable 8 1 LS $2,100.00 $2,100.00 DIVISION 1 TOTAL $41,180.00 Version 08/25/2021 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number: 120-046 For Bids Due: October 26, 2021 Contractor Name: Hawk Enterprises, Inc. Division 2: ickory at Miracle Ln Item No, Description Construction Engineering Quantity Unit Unit Price Total Amount 1 1 LS $100.00 $100.00 $500.00 2 Maintaining Traffic 1 LS $500.00 3 Mobilization and Demobilization 1 LS $500.00 $500.00 4 Remove Service Point 1 LS $250.00 $250.00 5 20' Aluminum Truss Mast Arm 1 LS $3,100.00 $3,100.00 6 Hemispherical Camera Detection System 1 LS $28,000.00 $28,000.00 7 Remove PED Push Button System Assembly 1 EA $100.00 $100.00 8 PED Push Button Assembly 8 LS $340.00 $2,720.00 9 Traffic Signal Cable 1 LS $1,200.00 $7,600.00 $1,200.00 $7,600.00 10 Service Point — Single Meter, Cabinet & Foundation 1 EA DIVISION 2 TOTAL $44,070.00 Version 08/25/2021 Contractor's Bid for Public Works - 8R1 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number: 120-046 For Bids Due: October 26, 2021 Contractor Name: Hawk Enterprises, Inc. Division 3: S Ironwood Dr at E Calvert St Item No. Description _ Construction Engineering Quantity Unit Unit Price Total Amount 1 1 LS $100.00 $100.00 2 Maintaining Traffic 1 LS $500.00 $500.00 3 Mobilization and Demobilization 1 LS $500.00 $500.00 4 Remove FLIR Detection 1 LS $1,500.00 $1,500.00 5 Hemispherical Camera Detection System 1 LS $28,000.00 $28,000.00 $800.00 6 Remove PED Push Button Assembly 8 EA $100.00 7 PED Push Button Assembly 8 EA $240.00 $1,920.00 8 Remove 3 -Section Signal Head 2 EA $125.00 $250.00 9 4 -Section Signal Head w/Sign 2 EA $1,400.00 $2,800.00 10 Traffic Signal Cable 1 LS 1$2,000.00 1$2,000.00 DIVISION 3 TOTAL $38,370.00 Version 08/25/2021 Contractor's Bid for Public Works - 9 BIDIPROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number. 120-046 For Bids Due: October 26, 2021 Contractor Name: Hawk Enterprises, Inc. Division 4: S Ironwood Dr at EvAng Ave 0yu►rrr� thy. a -0 a mail j Item No. 1 Description Quantity Unit Unit Price Total Amount Construction Engineering 1 LS $100.00 $100.00 2 Maintaining Traffic 1 LS $500.00 $500.00 3 Mobilization and Demobilization 1 1 1 1 LS LS LS LS $500.00 $1,500.00 $28,000.00 $400.00 1$400.00 $500.00 $1,500.00 $28,000.00 4 Remove FUR Detection System 5 Hemispherical Camera Detection System 6 Traffic Signal Cable DIVISION 4 TOTAL $31,000.00 Version 08/25/2021 Contractor's Bid for Public Works -10 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number: 120-M For Bids Due: October 26, 2021 Contractor Name: Hawk Enterprises, Inc. Division 5: E Ireland Rd at S St. Joseph St Item No. Description Quantity Unit Unit Price Total Amount 1 Construction Engineering 1 LS $250.00 $250.00 2 Maintaining Traffic 1 LS $500.00 $500.00 3 Mobilization and Demobilization 1 LS $500.00 $500.00 4 Replace Roadway Loops, 3 EA & Detector Housing_ 1 1 LS EA $1,600.00 $3,800.00 $1,600.00 $3,800.00 5 Signal Pedestal on Type W Foundation PED Push Button Assembly Traffic Signal Cable 6 7 2 1 EA LS $510.00 $1,100.00 $1,020.00 $1,100.00 8 Remove Service Point 1 LS $125.00 $125.00 9 Service Point — Single Meter, Cabinet & Foundation 1 EA $8,400.00 $8,400.00 DIVISIONS TOTAL $17,295.00 Version 08/25/2021 Contractor's Bid for Public Works -11 R1 BID/PROPOSAL CITY OF SOUTH BEND Project Name: Traffic Signal Detection Improvements Project Number: 120-046 For Bids Due: October 26, 2021 Contractor Name: Hawk Enterprises, Inc. Proiect Base Bid Summar►r e j2 } • too Location Base Bid Division 1: Hickory Rd at W Catalpa Dr $41,180.00 Division 2: Hickory Rd at Miracle Ln $44,070.00 Division 3: S Ironwood Dr at E Calvert St 3837000 Division 4: S Ironwood Dr at Ewing Ave 1$31,000.00 Division 5: E Ireland Rd at S St Joseph St J$17,295.00 Grand Total Base Bid, All Divisions 1$171,915.00 Bidder (Firm) Hawk Enterprises, Inc. Address 1850 E North St City, State/ Zip Crown Point, IN 46307 Telephone Number ( 219 ) 662-8090 By; (Signature) Johanna Plank, President (Printed Name of Person Signing) This is a divisible bid. Contractors shall be required to bid on all divisions. The City reserves the right to award any/all divisions. Version 08/25/2021 Contractor's Bid for Public Works - 12R1 r CITY OF SOUTH BEND f 1 MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN Irk "1' ' rj FORM MBE -1.0' MBE UTILIZATION PLAN 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-owned business meets the MBE qualifications. Project Number: 120-046 Project Name: Bidder: Hawk Enterprises, Inc. Name & Address of MBE Primary Contact Penson (Namelrelephone) Master Enterprises P.O. Box 18523 Ronald L. Orr Indianapolis, IN 46218 Submitted by: Johanna Plank, President Print Name Traffic Signal Detection Improvements Total Bid Amount: $171,915.00 MBE Goal: 1.6% Page of Scope of Work to be Performed Dollar Amount of MBE Percentel (Attach scopetschedule if you need additional space) Component Ior Total Rir�IDnnnr. Supply Signal Mast Arm Sig re Version 08/25/2021 Contractor's Bid for Public Works -13 $2,007.60 1 1.2% 10/26/2021 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects Involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Project Number: 1204)46 Project Name: Traffic Signal Detection Improvements Bidder: Hawk Enterprises, Inc. Total Bid Amount: $171,915.00 WBE Goal: 4.5% Page of Name & Address of WBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule If need Dollar Amount of WBE Percentage of Total you additional space) Component o, State Barricading, Inc. ' James Michalski + Supply Construction Signs and Cones Submitted by: Johanna Plank, President Print Name Sig re Version 08/25/2021 Contractor's Bid for Public Works -14 $1,250.00 10/26/2021 Date 0.7% CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder's sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Attach additional pages If necessary. PAGE OF Project Number: 120-046 MBE Participation Goal 1.6% Project Name: Traffic Signal Detectlon Im rovements Bidder: Hawk Enterprises, Inc. By:President 10/26/2021 MBE Firm Master Enterprises Owner or Contact at MBE Firm Ronald L. Orr Telephone: 317-545-3335 Fax: 317-545-3365 Email: masterent84@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Supply Signal Mast Arm Kt=bVL 15 Ur C UNTAGT WITH THE MBE FIRM: Will purchase signal mast arm, if awarded project MBE Firm Owner or Contact at MBE Firm Telephone: Fax TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE FIRM: Email: Version 08/25/2021 Contractor's Bid for Public Works -19 f CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN j ry FORM MBE -2.1:1, ' WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It Is the bldder's sole responsibility to verify whether any listed woman -owned business meats the WBE qualifications. Attach additional pages If necessary. PAGE OF Project Number: 120-046 WBE Participation Goal 4.5% Project Name: Traffic Signal Detection Improvements Bidder: awk Ent isesInc. By: President 10/26/2021 (S Wre) (Title) (Date) WBE Firm State Barricading, Inc. Owner or Contact at WBE Firm James Michalski Telephone: 574-287-2078 Fax: 574-287-1744 Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: Supply Construction Signs and Cones RESULTS OF CONTACT WITH THE WBE FIRM: Will rent construction signs and cones WBE Firm Owner or Contact at WBE Firm T Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM: Version 08125/2021 Contractor's Bid for Public Works - 20 vi+Iri �. CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 V�'" MBE CONTACTED 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 participation. Project Number: 120-040 Date: 10/26/2021 Project Name: Traffic Signal Detection Improvements Bidder: Hawk Enterprises, Inc. Contact Person: Johanna Plank _ Telephone: 219-662-8090 Address: 1850 E North St City: Crown Point State: IN zip: 46307 Email: gregp@hawk-inc.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE 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 LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: hftp://www.in.-ciov/idoa). GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.n oy/idoa: _. I affirm that I have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. Version 08/25/2021 I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for MBEs to participate effectively. I affirm that I followed up on initial solicitations with interested MBEs. I affirm that I negotiated with interested MBEs in good faith, including providing such MBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Contractor's Bid for Public Works - 15 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 MBE CONTACTED I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any MBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone numblAer. 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 was unqualified to perform the job. nonstmtion of Good Faith Efforts requires vour initials next to all of the above boxes_ Anv omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The Clty of South Bend reserves the Version 08!2512021 Contractor's Bid for Public Works - 16 ,.5. 4 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: 120.046 Project Name: Traffic Signal Detection Improvements Bidder: Hawk Enterprises, Inc. Contact Person: Johanna Plank Address: 1850 E North St City: Crown Point State: IN Date: 10/26/2021 Telephone: 219-662-8090 zip: 46307 Email: gregp@hawk-inc.com To determine whether a bidder has demonstrated good faith efforts to reach the 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 WBE u5T(5): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: htt7://www.in. ov/idoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. Version 08/25/2021 I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website I affirm that I have made good faith efforts to select portions of the contract work to be performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all WBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. I affirm that I followed up on initial solicitations with interested WBEs I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Contractor's Bid for Public Works - 17 CITY OF SOUTH BEND 1 } MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested WBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. i CONTRACT RECORDS: The bidder has maintained the following records for each 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 MWBE was unqualified to perform the job. "Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 08/25/2021 Contractor's Bid for Public Works - 18