HomeMy WebLinkAboutOpening of Quotes - 2022 Contracted Microsurfacing - Asphalt Restoration Services, LLCF
SCOPE OF WORK
CITY OF SOUTH BEND_ j
PROJECT NAME: 2022 Microsurfacin
PROJECT NO. 122-011
QUOTES DUE July 12th, 2022 at 9:00am Local Time. Quotes are to be submitted
electronically to bpwbidsAsouthbendin_.gov
I. PROJECT DESCRIPTION
A. The project includes the furnishing of all equipment, material, insurance, and labor to perform
approximately 15,850 square yards of asphalt microsurfacing at various locations within the City of
South Bend. .
11. PREVAILING SPECIFICATIONS AND CONSTRUCTION STANDARDS AND SPECIFICATIONS
A. The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and
CONSTRUCTION STANDARDS AND SPECIFICATIONS, most recent version, are to be used on this
project.
B. Each Quote provider is specifically instructed to become completely familiar with the most recent
version of the PREVAILING SPECIFICATIONS and the CONSTRUCTION STANDARDS AND
SPECIFICATIONS prior to submitting a quote.
C. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the 2022
INDOT Standard Specifications for the letting effective after September 1, 2021.
D. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING
SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS.
E. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS,
the SPECIAL PROVISIONS will govern.
III. TERM "OR EQUAL"
A. Prevailing Specifications_ None
B. Additions
1. Where the term "or equal" is used in these specifications, the Quote provider deviating from
specified item shall file with his/her/its Quote a letter fully explaining and justifying his/her/its
proposed article or equal. The City of South Bend shall be the sole judge in determining if the `or
equal" offered meets the specification_
IV. TAX EXEMPT
A. Prevailing Specifications: None
B. Additions
1. Materials and properties purchased under contract with the Owner that becomes a permanent part
of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax).
The exemption number will be furnished to the Contractor upon award.
V. INDEMNIFICATION
A. Prevailing Specifications: None
B. Additions
1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents,
officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees,
and other expenses, arising from or out of the negligent performance of this Contract by Contractor,
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or because of arising out of any defect in the goods, materials or equipment supplied by the Quote
provider.
VI. INSURANCE
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103
B. Additions:
All Contractors and subcontractors doing business with the City of South Bend shall present a
Certificate of Insurance showing coverage in the following minimum amount:
a. General Liability: Premises -Completed Operations or Products, Bodily Injury and Property
Damage Combined Single Limit- $5,000,000.
b. There shall be no exclusion for explosion, collapse or underground hazard.
c. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000.
d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000.
e. The City of South Bend shall be named as additional insured on the Certificate of Insurance.
VII. CONTROL OF WORK
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 105
B. Additions:
1. The complete responsibility for this project lies with the Director of Public Works of the City of South
Bend, Indiana acting through his authorized representatives.
2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel,
equipment and supplies to perform all work required under this item. There will be no direct payment
for this item.
3. The contractor is responsible to maintain the site which includes but is not limited to; dust control,
site security, erosion control, and protecting adjacent properties.
4. Work hours for the Project shall be from 7:00 a.m. through 6:00 p.m., Monday through Friday. No
work shall be permitted on weekends, Holidays, or after hours unless approved by the City of South
Bend Department of Public Works.
VIII. LEGAL RELATIONS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 107
B. Additions:
1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer, where
mentioned in these documents, is the City of South Bend Department of Public Works, Engineering
Division.
2. The Contractor shall apply for and obtain any and all required permits for the work from local, state,
and federal agencies and shall comply with permit requirements, including the St. Joseph County
1 City of South Bend Building Department.
3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor
shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with
the Secretary of State of Indiana to engage in business within the State of Indiana.
4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner
reserves the right to immediately terminate the public work project awarded should the Contractor
be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result
in the forfeiture of Contractor's performance bond to the Owner.
IX. PROSECUTION AND PROGRESS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Sec. 108
B. Additions.-
Version
dditions:
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The project will have a completion date of September 2, 2022 for all work. The contract time will
start when the Notice to Proceed is delivered and signed_
The City, Engineer, and Contractor will hold a pre -construction meeting following award of the
contract. The date of the Notice to Proceed will be agreed at that meeting.
Contractor shall provide a schedule to the Owner prior to beginning any work on the site.
X. CHANGE. OF CONTRACT TIME
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions
1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the
Contract Time shall be based on written notice delivered to the Department of Public Works within
seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent
of the claim with supporting data shall be delivered within fourteen (14) calendar days after such
occurrence unless an official of the Public Works Department allows an additional period of time to
ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost
to delays beyond the control of the Contractor if a claim is made in accordance with this provision.
Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor
disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God.
2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An
extension is granted for weather conditions significantly more severe than normal if the Contractor
demonstrates to the satisfaction of the City that the delay in the progress of the work was due to
such weather. The basis to define normal weather with be the data compiled by the United States
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA).
3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including
fault or negligence of Contractor's subcontractors, caused the delay, or for which any remedies are
provided under any other provision of this agreement.
4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of
any rights or remedies existing under this contract at law or in equity.
XI. DEFAULT AND TERMINATION
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
Events of Default shall include Contractor's failure to perform any of its obligations under this
contract including failure to commence work at the time specified, failure to perform the work in
accordance with these specifications, unauthorized discontinuation of the work, failure to carry out
the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or
regulations, and failure to comply with any other term of this contract.
If an Event of Default occurs, the City shall provide Contractor written notice and may permit
Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is
not cured within the ten (10) day cure period, the City may at any time thereafter terminate this
contract in which case the termination shall be final and effective.
Upon an Event of Default, the City may invoke the following remedies in addition to those remedies
provided under separate provisions of this contract, the right of set-off against any payments due
or to become due to the Contractor against the retainage, the right to take over and complete the
Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that
the Contractor has in order under Contractors subcontracts are assigned to the City, subject to the
City's right to take assignment of all or only selected subcontracts at the City's discretion. The sole
obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed
after the date of the assignment. In the event a conditional assignment has not been executed, the
Contractor shall execute or cause to be executed any assignment, agreement, or other document
that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to
evidence compliance with this provision. The Contractor shall promptly deliver such documents
upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The
Contractor remains liability to subcontractors for any payment already involved, and for any claim,
suit or cause of action based upon or resulting from any error, omission, negligence or other breach
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of contract by the Contractor, its officers, employees, or agents arising prior to the date of
assignment to the City.
XII. LIQUIDATED DAMAGES
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
1. The contractor shall proceed with the work at such rate of progress to insure full completion within
the Contract Time. It is expressly understood and agreed, by and between the Contractor and the
Owner, that the Contract Time for completion of the work described herein is a reasonable time,
taking into consideration the average climatic and economic conditions and other factors prevailing
in the locality of the work, and excludes the time for unavoidable delays which were beyond the
control and without the fault of the Contractor.
2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time
granted by the Owner, then the Contractorwill pay to the Owner the amount for liquidated damages
a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall remain in
default after the time of completion stipulated in the Contract Documents.
3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay
in completion of the work is due to the following and the Contractor has promptly given written
notice of such delay to the Owner and Engineer/Architect.
a. To any preference, priority, or allocation order duly issued by the Owner.
b. To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner,
acts of another Contractor in the performance of a Contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and
unforeseeable weather.
XIII. RETAINAGE AND FINAL PAYMENT
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 109
B. Additions:
1. Payments will be made every thirty (30) calendar days
2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of
payments throughout the duration of the project.
3. Before final payment and retainage are released the Contractor must satisfy the following:
a. All parts and labor meet requirements stated in the specifications.
b. Provide copies of test reports or cut sheets on all materials supplied.
c. Provide As -Built drawings in accordance with the City of South Bend Prevailing Specifications
for Public Works.
d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver
of Lien.
XIV. WARRANTY
A. Prevailing Specifications: None
B. Additions
1. All Parts shall include the following:
a. Performance specifications
b. Bill of Materials
c. Warranties on all parts
d. Installation and safety requirements
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XV. OTHER UTILITIES
A. Prevailing Specifications: None
B. Additions:
1. The Contractor shall verify the locations of all utilities by contacting Indiana811 by calling 811 (in
Indiana) or 1-800-382-5544 (outside of Indiana), or via www.indiana811.org, at least two (2)
working days, not counting Saturdays, Sundays or federal and state holidays before proceeding
with construction. It shall also be the Contractor's responsibility to contact any other utility that is
not contacted by Indiana811 and verify the utility locations.
2. The Contractor shall be responsible for working with the other utilities, i.e., gas electric, telephone,
etc. in order to assure that all utilities that need to be replaced or relocated can be done with a
minimum disturbance to service. The Contractor shall also be responsible for coordinating
schedules with the various utilities such that they can proceed with their relocation work as
efficiently as possible.
3. If the odor of natural gas is detected in a work area at any time during the course of work, the
Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also
immediately notify the residents of adjacent properties. The Contractor shall advise the residents
to evacuate their homes immediately if the odor is present within the dwelling.
4. Restoration of sprinkler systems damaged by the Contractor's operations shall be repaired by the
Contractor at no additional cost to the City or the Owner of the system.
XVI. MAINTENANCE OF TRAFFIC
A. Prevailing Specifications: 2022, INDOT Standard Specifications Sections 105 & 801
B. Additions:
1. Maintenance of traffic during construction shall conform to the "Indiana Manual on Uniform Traffic
Control Devices" and the City of South Bend Design and Construction Standards.
2. The attached "Traffic Closure Request" form is to be used for any lane restrictions or closures and
required to be filled out and sent to the Department of Public Works_
3. The Contractor shall arrange and prosecute the work specified for this contract in such a manner
that traffic on existing streets is unrestricted throughout the Project. The Engineer shall approve
the method of traffic control. No construction equipment, vehicles, materials, supplies or temporary
facilities shall be left unattended in the right-of-way of any street or left parked overnight without
proper marking and lighting.
4. After the award of the contract and before beginning the work, the Contractor shall submit his/her/its
proposed schedule of operations for the review of the Engineer. The schedule of operations as
reviewed by the Engineer shall be maintained at all times.
5. Project signs will be required on both ends of the project once traffic control has been placed prior
to microsurfacing and shall remain until the road is open to traffic or as directed by the City
Representative. The City will provide two (2) 24" x 36" Rebuilding Our Streets project signs and
the Contractor shall place the signs on A -frames with sandbags and place them to the side of the
road in advance of the project limits without impeding traffic or pedestrian access_ The
Contractor shall be required to move these signs once traffic is open to new streets that are being
surfaced. The signs will become property of the City once the project is complete.
6. There will be no direct payment for this work.
XVII. DESCRIPTION OF WORK
A. Prevailing Specifications: None
B. Additions
1. Work to be performed shall include furnishing all labor, services, materials, insurance and
equipment to perform asphalt microsurfacing at various locations within the City of South
Bend.
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2. The streets segments for the base and both alternates are summarized below:
Illinois Street from Keller Street to Lincoln Way West
Wellington Street from Keller Street to Elwood Avenue
Bulla Street from Illinois Street to Kenmore Street
Kenmore Street from Keller Street to Elwood Avenue
3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor's operations.
XVIII. ASPHALT MICROSt1RFACING
A. Prevailing Specifications: 2022, INDOT Standard Specifications Sections 411, 902
B. Additions:
1- Asphalt micro -surface material shall meet the standard specifications of ASTM D80991D8099M-17.
2. The Contractor shall be responsible for all surface preparation necessary to meet the performance
requirements for warranted micro -surfacing. All castings and detector housings shall be protected
prior to the application of material in accordance with INDOT 404.07, except that raised pavement
markers shall be removed. There will be no direct payment for this work.
3. Cracks in the pavement in excess of 1/4 in. width shall be filled in accordance with INDOT 408 prior
to placement of warranted micro -surfacing. There will be no direct payment for this work.
4. Existing curb faces, approaches, stormwater inlets, grass, and other features subject to
coordination with the Engineer shall be protected from and kept clean of all asphalt micro -surface
material.
5. Squeegees, brushes, and truck -mounted applicators shall be permitted for this work. Only
application by hand squeegee or brush shall be used in the vicinity of sensitive features as identified
in XVIIIA to prevent contamination.
6. Asphalt micro -surface shall not be applied when ambient temperature is below 50'F nor when
ambient temperature is expected to drop below 50°F within 24 hours of application.
7. Asphalt micro -surface shall be applied in two coats. The application rate of each coat shall be
between 30 to 40 square feet per gallon.
8. The first coat of micro -surface shall be dry prior to application of the second coat.
9. Existing pavement markings, including but not limited to painted crosswalks and stop lines, where
paved over by asphalt micro -surface, shall be reapplied with traffic paint. There will be no direct
payment for this work.
10. All incidental work, including but not limited to surface preparation, inlet and casting protection, and
pavement markings, shall be included in the cost of the asphalt microsurfacing pay item:
ASPHALT MICROSURFACING..................................................... _.................. SYD
XIX. PLANS
A. Prevailing Specifications: City of South Bend Design and Construction Standards
S. Additions:
1. The plans consist of 1 Sheets delineating project limits for all divisions.
2. The work shall conform to the plans.
3. The drawings are schematic in nature.
4. The CONTRACTOR is responsible for estimating dimensions and quantities of materials.
5. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern.
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CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S U TE FOR PUBLIC WORK
PROJECT NAME:
PROJECT NO,
QUOTES DUE
2022 Microsurfacin
122-011
July 12th, 2022 at 9:00am Local Time. Quotes are to be submitted
electronically to bawbids(a.southbend in;gov
(Must be completed for all quotes. Please type or print)
Date: ,q Q `� off- Firm: _14
Address: P.0 .d L
City/State/Zip: 301 A,T-AJ 14(a�,rOTelephone Number: {5�)
Agent of Bidder (if Applicable): Ai 1A
Pursuant to notices given, the undersig ed offers to furnish labor and/or material necessary to complete the
public works project of:
2022 Microsurfacin
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated 7l �� Q �' for the sum of (enter the Total Quote as shown on the Proposal)
Gw h ung Lfhogwd . Plyc hurdleekset) +y *0 s
(Enter Sum Total Quote shown on Proposal) -v- wY+q Ckk& (Numerical)
If alternative quotes 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 quote is to be awarded on a unit basis, the
itemization of the units shall be shown on a separate attachment.
By
(Signature)
(Printed Name of Person Signing)
ACCEPTANCE
The above quote is accepted this day of
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray Miller, Member
Version 2/14/2022
20
Joseph R. Molnar, Vice President
Jordan V. Gathers, Member
Attest: Theresa Heffner, Clerk
Page - 7 Public Works Quote
o45pti7H BF��
r�
QUOTE/PROPOSAL XACF . f
CITY OF SOUTH BEND _` x
PROJECT NAME 2022 Microsurfacing
PROJECT NO. 122-011
July 12th, 2022 at 9:00am Local Time. Quotes are to be
QUOTES DUE submitted electronically to bpwbids@southbendin.gov
Bid Bid
Item
No.
Description
Quantity
Unit
Unit Price
Total Amount
1
ASPHALT MICROSURFACING
15,850
SYD
6� ^S`
$ r2), sv
Firm:
Address: ,130y- '26�jfq
City/State/Zip: Z --c/ y&kZ> Telephone Number:
Fax Number:
By
7(Signature)
q
(Printed !Name of Person Signing)
Version 2/14/2022 Page - 15 Public Works Quote
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MWBE participation. It
is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications.
Project Number: 122-011 Project Name: 2022 Microsurfacing
Bidder: Sm t I Bid Amourrt:4 16W)A. 5Q MWBE Goal: NIA
L %X Page of
Name S Address of tinWBE
Primary Contact Person
(NamelTeiephone)
CITY OF SOUTH BEND
\,
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MWBE-1.0--f'+
MWBE UTILIZATION PLAN
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MWBE participation. It
is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications.
Project Number: 122-011 Project Name: 2022 Microsurfacing
Bidder: Sm t I Bid Amourrt:4 16W)A. 5Q MWBE Goal: NIA
L %X Page of
Name S Address of tinWBE
Primary Contact Person
(NamelTeiephone)
Scope of Work to he Performed
(Attach soopelschedule if you need additional space)
Dollar Amount of MWBE
Component
Percentage
of Tota{
BWPro osal
/
V
Submitted by:
Print Name Signature Date
Version 2114/2022 Page - 16 Public Works Quote
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MWBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain MWBE participation.
Project Number: 122-011 Date: ac.a
Project Name: 2022 Microsurfacin
Bidder: r 'G Y`Ji
Contact Person: I I A.1 YA Telephone:Mq_81 ^45%
Address: Q. 0. q
City: J 1 d State: zv_ V Zip: 41 Le UpT
Email: Ln LL-C_h.
To determine whether a bidder has demonstrated good faith efforts to reach the MWBE 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':
INITIALS
EVIDENCE OF GOOD FAITH EFFORTS
MWBE 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: htt :llwww.in. ovlid .
GOOD FAITH EFFORTS TO OBTAIN MWBE PARTICIPATION
The bidder shall initial each item below, as evidence of its good faith efforts to obtain MWBE
participation in the awarded contract.
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
(hftp:llwww.in.gov/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 MWBE participation.
affirm that I have made good faith efforts to solicit through all reasonable and available
means the interest of all MWBEs 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
MWBEs of contracting and subcontracting opportunities.
I affirm that I advertised in general circulation and/or trade association publications
concerning subcontract opportunities and allowed MWBEs reasonable time to respond to
such advertisements.
affirm that I performed any and all necessary steps to provide written notices in a manner
reasonably calculated to inform MWBEs of subcontracting opportunities and allowed
sufficient time for MWBEs to participate effectively.
I affirm that I followed up on initial solicitations with interested MWBEs.
I affirm that I negotiated with interested MWBEs in good faith, including providing such
MWBEs with adequate information about the plans, specifications and other requirements
of the subcontract.
affirm that I have made good faith efforts to assist interested MWBEs in obtaining
bonding, lines of credit, or insurance as required by the City or the bidder, where
appropriate.
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CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MWBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
*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 2/14/2022 Page - 18 Public Works Quote
I affirm that I have made good faith efforts to assist interested MWBEs in obtaining
necessary equipment, supplies, materials, or related assistances or services, where
appropriate_
I affirm that I did not reject any MWBEs 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 MWBE 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 2/14/2022 Page - 18 Public Works Quote
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MWBE-2.1
MWBE 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 MWBEs. It is the bidder's sole responsibility to verify whether any listed
minority or woman business meets the MWBE qualifications. Attach additional pages if necessary.
PAGE OF
Project Number: 122-011 MWBE Participation Goal NIA
Project Name: 2022 Microsurfacing 2
Bidder: _ .r� ,Aha I - - O�QA-nrn -�- revN . '� o
�gnature) (Title) (Date)
MWBE Firm
Owner or Contact at MWBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MWBE FIRM:
MWBE Firm
Owner or Contact at MWBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MWBE FIRM:
Version 2/14/2022 Page - 19 Public Works Quote
CITY OF SOUTH BEND
EQUAL EMPLOYMENT OPPORTUNITY CONTRACTING
PROVISIONS DIVERSITY UTILIZATION
It is the policy of the City of South Bend to provide equal employment and business opportunity for
all persons, partnerships, companies, and corporations in accordance with the rules, regulations and
guidelines of the applicable federal, state and local laws. This policy of equal employment and business
opportunity shall apply to every contractor or subcontractor bidding or holding a public contract with the City
of South Bend.
In furtherance of this policy, the following Equal Opportunity Clauses are hereby made a part of every
construction contract entered into by the City of South Bend and all subcontractors entered into pursuant
to any such contract and the bidder hereby certifies that it/he/she will abide by these provisions.
The contractor will not discriminate against any applicant or employee because of race,
color, religion, sex, national origin, or handicap. The contractor will take affirmative action
to ensure that all applicants or employees are treated fairly and equitably. Such action
shall include but not be limited to the following: hiring, up -grading, demotion or transfer,
recruitment, advertising, lay-offs or termination, rates of pay or other forms of compensation
and selection for training including apprenticeship programs.
The contractor shall agree to post in conspicuous places available to employees and
applicants, notices to be provided setting forth the provisions of the Non -Discrimination Clause.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
The contractor will send to each labor union or representative of workers with which
it/ he/she has a bargaining agreement or other contract or understanding, a notice to be
provided, advising the labor union or worker's representatives of the contractor's
commitment under this section, and shall post copies of the notices in conspicuous places
available to applicants and employees.
The contractor will comply with all provisions of Executive Order 11246 (as amended by
11375) and of the rules, regulations and relevant orders of the Department of Labor.
Subpart B --Contractors' Agreements
Sec. 202 Except in contracts exempted in accordance with Section 204 of this Order, all Government
contracting agencies shall include in every Government contract hereinafter entered into the following
provisions:
"During the performance of this contract, the contractor agrees as follows:"
"(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated equally
during employment, without regard to their race, color, religion, sex or national origin. Such
action will include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause."
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin."
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"(3) The contractor will send to each labor union or representative of workers with which
i t 1 he/she has a collective bargaining agreement or other contract of understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractors commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment."
(4) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules and regulations, and relevant orders of the Secretary of Labor."
"(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders."
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, in this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked* as provided in Executive Order No 11246 of September
24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided
by law."
"(7) The contractorwill include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into such litigation
to protect the interests of the United States."
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part Il, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering agency
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may take any or all of the following actions: Cancel, terminate, or suspend in whole or in
part this grant (contract, loan, insurance, guarantee); refrain from extending any further
assistance to the applicant under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received from such
applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
* Corrected to read "invoked". In the original text the word 'Involved" was printed in error.
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MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
The City of South Bend, Indiana has shown its commitment to addressing Minority and Women's Business
Enterprise ("MWBE") participation in public contracting through the adoption of the City of South Bend Ordinance
No. 10693-19. 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 Business Enterprises (MWBEs) are described in the Ordinance. A list of MWBEs (both
certified and non -certified) can be found on the Indiana Department of Administration website:
http://www.in.gov/idoa/. Documentation shall be provided with the bid that states the MWBEs that will be contracted,
the dollar amount of the work that will be performed by the MWBEs on the project and the percentage of the dollar
amount as it relates to the total bid amount by using Form MWBE-1.0, MWBE Utilization Plan.
The City, its agencies, boards, or commissions requires the Contractor's good faith efforts to obtain participation by
those Contractors classified as MWBEs.
Bidders small demonstrate good faith efforts to have active participation from MWBEs on this Project and supply
written documentation evidencing such efforts by using Form MWBE-2.0, Evidence of Good Faith Efforts and Form
MWBE-2.1, MWBEs Contacted. Such documentation shall include, but is not limited to, the following items:
a. A listing of all MWBEs contacted including: (1) the name and address of the MWBE; (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 bids, uotes or other
responses from MWBEs or other documentation of efforts to encourage and secure competitive responses
from MWBE 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 MWBEs in St. Joseph County, Indiana, other local Indiana
counties, and Berrien County, Michigan 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.
The City reserves the right to request verification of goal implementation throughout the course of the project.
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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 )
X51 ) SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
tune -to -tune.
b. As provided by Ind. Code § 5-22-16.5-5, 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
Version 2/14/2022 Page -12 Public Works Quote
alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Contractor's newly hired employees through the E -Verify Program as defined by T.C. 22-5-1.7-3.
Contractor's documentation of enrollment and participation in the E -Verify Program is included
and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E -Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by
the City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, gender
expression, gender identity, sexual orientation or disability that does not affect that person's ability
to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not Iimited 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). 1 hereby certify that I and all subcontractors employed by me for this project will use steel
Version 2/14/2022 Page - 13 Public Works Quote
products or foundry products made in the United States on this project if awarded. I understand I
have an affirmative duty to notify the City in my bid that my proposal does not include the use of
steel products or foundry products made in the United States. I understand it is my sole obligation
and responsibility to provide a justification to the City, subject to review and approval, why the
cost of United States made steel or foundry products is unreasonable. Prior to award and upon
submission of bid which does not use steel products or foundry products made in the United States,
the City, through its director of public works, shall make a determination if the price of United
States made steel or foundry is unreasonable. I understand that violations hereunder may result in
forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public
works are true and correct.
Dated this ! day of :'O! -y , 20 22
41- C-
ContractorBidder (Firm)
nature of ContractorBidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of (. , 20 Z—?
My Commission Expires L--20
lic
County of Residence _ ��- D,SCOX/
RYAN P. SOUSLEY
Notary Public - State of Indiana
SEAL
Commission Number. 682754
My Commission Expires April 9, 2024
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