HomeMy WebLinkAboutOpening of Quotes - Walker Field House Restoration Proj No. 120-010R - Acculevel Commercial Group Inc.TOLL FREE:(866) 953-1501
9495 N Waldron Rd, Rossville IN, 46065
commercial.acculevel.com
DATE BID
12/12/22
POINT OF CONTACT
Becca Plantz
E-MAIL
ldbids@ldconstruction.com
PROPOSAL SUBMITTED TO
City of South Bend
PHONE (CELL)
574-235-5998
Acct ID #
MAILING ADDRESS
227 W Jefferson Boulevard
South Bend, IN 46601
PROPOSAL SUBMITTED FOR
Walker Park Field House
2198 S Walnut Street
South Bend, IN
SCOPE OF WORK:
●Acculevel, Inc. will provide the labor, supervision, materials and equipment necessary to install Helical Piers. This quote is based on being
able to install 26 Helical piers with a mini excavator and 16 Helical piers with a hand held unit.
PRODUCTS:
●(42) 2 3/8 -inch O.D., and .190” -inch wall thickness, Helical Pile System: (Helical piles will plain be material).
(42) Repair Construction Brackets
(42) Helical Lead Sections (7’ length)
(84)Shaft Extensions (7’ length)
INSTALLATION:
●Install helical piles with a hydraulic-powered, rotary-torque drive unit to achieve an estimated ultimate soil capacity per report. Any additional
depth on any pile beyond 21’ will be at an additional cost.
●Install pile shaft extensions to reach design depth and couple with manufacturer supplied hardware.
●Install new construction pile caps and couple with manufacturer supplied hardware.
●Monitor and document installation torque for each pile. Installation torque is then used to estimate ultimate soil capacity.
●Provide installation data for each pile to the client upon request.
ADDITIONAL NOTES:
●Acculevel will remove pavers as needed for installation of the helical piers but will not replace the pavers.
●Acculevel will call 811 Locates for locations prior to installation.
●Acculevel to remove the sidewalk on the West side and grade and seed.
●If pile locations must be adjusted in the field, the new locations will be approved by the client prior to pile installation.
●An additional charge of $25 per foot on any piling installed over 21 ’ feet deep.
●Acculevel, Inc. reserves the right to change the pile configuration and associated costs based upon the results of the load tests.
●Proposal is valid for 60 days from the date bid.
●Proposal is based upon _1_ mobilization(s) to the job site.
●If payment in full, including any additional sums due under this contract or any change order, is not received by Acculevel within 60 days
following the last day Acculevel performs work on the jobsite, then Acculevel may exercise its right to file a mechanic’s lien on the property.
●If this proposal is not sufficient and Acculevel is required to sign anyone else’s contract then an additional fee of $500 will apply for reviewing
the contract.
●Proposal includes providing drawings and design of the helical piers by a structural engineer as per our choosing.
●
EXCLUSIONS:
Acculevel, Inc. will not be held responsible for:
●Damage to underground utilities.
●Marking of proposed pile locations and elevations for the pile
caps.
●Any excavation or disposal of excavated or debris materials.
●Purchase, placement, and compaction of fill soils if needed.
●Extra mobilizations by Acculevel, Inc. to the jobsite
BID AMOUNT: $74,040
Deposit Due Prior to Mobilization: $0.00
Due Upon Completion: $74,040
All material is guaranteed to be as specified. All work to be completed according to standard practices. Any alteration from above specifications will be executed only upon written orders, and may
become an extra charge. All agreements contingent upon accidents or delays beyond our control. Our workers are fully covered by Workmen’s Compensation Insurance. Client assumes all responsibility
for damages due to breakage of any hidden fuel/utility lines, though we will do our best to avoid such damage. If payment in full, including any additional sums due under this contract or any change order,
is not received by Acculevel within 60 days following the last day Acculevel performs work on the jobsite, then Acculevel may exercise it’s right to file a mechanic’s lien on the property.
Authorized Signature:Nolan Beery Date: 12/12/2022
Acceptance of Proposal – The prices proposed, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. We jointly and severally agree to
pay you upon completion of the job, and will further pay your service charge of 1-1/3% per month (16% per annum) if account is 30 or more days past due, and your attorney’s fees and costs to collect or
enforce this contract. **My signature indicates that I accept the terms of this Proposal.
Signature X:Date:
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 12/06/2022
Name Becca Plantz Department Public Works
BPW Date 12/13/2022 Phone Extension 5998
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name
BPW Attorney Attorney Name Michael Schmidt
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Walker Field House Restoration Project
Project Number 120-010R
Funding Source EDIT and NPS Grant
Account No. PROJ-212, PR-14932
Amount
Terms of Contract Lump Sum
Purpose/Description _Requote of structural improvements to the Walker Field Park Shelterhouse
with scope focused on helical piers.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date:
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SCOPE OF WORK
CITY OF SOUTH BEND
PROJECT NAME: Walker Field House Restoration Project
PROJECT NO. 120-010R
QUOTES DUE December 13, 2022 by 9:00 am Local Time
I. PROJECT DESCRIPTION
A. Summary:
1. The New Deal-era Walker Field House is owned by South Bend Venues Parks and Arts. The
structure is primarily constructed out of fieldstone with broad arches. The field house with its central
courtyard and wading pool remains an important recreational feature for South Bend. Because of
its historic importance, it was listed on the National Register of Historic Places. South Bend Venues
Parks and Arts has received funding through the Indiana Department of Natural Resources,
Division of Historic Preservation and Archaeology to assist in improvements to the structure.
B. Description:
1. The project includes the furnishing of all equipment, material, insurance, and labor for completing
exterior stabilization of the park structure primarily related to arch/wall stabilization at 2198
S. Walnut Street with the field house facing Ewing Avenue within the City of South Bend, IN.
II. 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. QUOTE REQUIREMENTS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 102
B. Additions:
1. Each Quote provider shall completely execute and submit the following documents with the Quote:
a. Quote Bond stating 5% of the total Quote or Certified Check of 5% of the Quote.
(i) An electronic copy of a Quote Bond or Certified Check in the amount of not less than five
percent (5%) of the base quote plus any alternates may accompany electronic quotes. The
awarded quoter will be required to send the original check or quote bond via USPS.
b. 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.
c. Questionnaire Form 96 of the State Board of Accounts.
d. Acknowledge Receipt of Addendum(s) included with the quote.
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e. All required additional information and forms as is included with the quote.
IV. DHPA QUALIFICATIONS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 102
B. Additions:
a. Quote providers shall submit with the Quote, the number of projects completed in the last five
years in accordance with the Secretary of the Interior’s Standards and Guidelines for the
Rehabilitation of Historic Properties.
b. Quote providers shall submit with the Quote a maximum of three references for similar projects
completed in accordance with the Secretary of the Interior’s Standards and Guidelines for the
Rehabilitation of Historic Properties.
(i) Include the following:
Project Name
City and State of Project
Contact Person
Phone Number
Estimated Dollar Figure of Contract
(ii) If the Quote provider has not completed any projects that were in accordance with the
Secretary of the Interior’s Standards, such shall be identified in the appropriate area on
the Quote Form.
c. To demonstrate Bidder’s qualifications to perform the Work, OWNER may request Bidder to
submit written evidence such as financial data, present commitments, and lawsuit data. Such
additional information is not to discourage bidding or make it difficult for qualified bidders to
file bids. Neither is it intended to discourage beginning contractors. It is intended to make it
possible for OWNER to have more exact information on financial ability and experience in
order to reduce hazards involved in awarding contracts to parties who may not be qualified to
perform the Work as specified.
d. Subcontractors
(i) Bidders shall submit with the bid a list of proposed subcontractors having a direct
contract with the bidder and whose value of work would exceed $10,000 should the
bidder be awarded the contract.
(ii) The list will include subcontractor’s name, address, and specialty.
e. The Bid shall contain evidence of bidder’s authority and qualification to do business in the
State of Indiana or covenant to obtain such qualification prior to award of the Contract.
Bidder’s state contractor license number for Indiana, if any, shall also be shown on the Bid
Form.
IV. 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.
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V. 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.
VI. 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,
or because of arising out of any defect in the goods, materials or equipment supplied by the Quote
provider.
VII. INSURANCE
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103
B. Additions:
1. 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.
VIII. AWARD OF CONTRACT
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103
B. Additions:
1. All Quotes will remain subject to acceptance for sixty (60) calendar days after the day of the Quote
opening, but the City of South Bend may, in its sole discretion, release any Quote and return the
Quote security prior to that date.
2. Successful quoter from award notice will have fourteen (14) calendar days to submit a fully
executed contract, Certificated of Insurance, and other require documents from either the awarded
contactor and/or the subcontractors. Failure to comply within the award period may be cause for
the Board of Public Works to rescind the award.
3. A fixed-fee price contract will be awarded to the bidder whose bid, conforming with all the material
terms and conditions of the Bidding Documents, is lowest in price and most advantageous to the
Owner, considering price, contractor’s experience with historic rehabilitation, timeframe for
completion of the project, and the contractor’s ability to fulfill the contract. Note that there may be
instances where a contractor is not the lowest quoter, but can guarantee higher quality work for a
reasonable price. Awarding of contract is subject to review/approval of Indiana Department of
Natural Resources Division of Historic Preservation & Archaeology.
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4. Divisions are subject to individual award of the lowest, responsive quote per division.
IX. BONDING REQUIREMENTS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103
B. Additions:
1. The successful Bid provider shall supply the following bonds:
a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one
hundred percent (100%) of the contract amount.
b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one
hundred twenty-five percent (125%) of the contract amount.
c. Maintenance bond within ten (10) days of acceptance of the project by the City of South Bend,
for an amount equal to ten percent (10%) of the final contract price, guaranteeing for a period
of three (3) years after the date of acceptance of the project by the City of South Bend.
X. 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.
XI. LEGAL RELATIONS
C. Prevailing Specifications: 2022, INDOT Standard Specifications Section 107
D. Additions:
1. The Owner, where mentioned in these documents, is the City of South Bend. The Architect &
Engineer, where mentioned in these documents, is K.W. Garner Consulting & Design.
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
/ 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.
XII. PROSECUTION AND PROGRESS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Sec. 108
B. Additions:
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1. The project will have a completion date of June 30, 2023. The contract time will start when the
Notice to Proceed is delivered and signed.
2. 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.
3. Contractor shall provide a schedule to the Owner prior to beginning any work on the site.
XIII. 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.
XIV. DEFAULT AND TERMINATION
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
1. 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.
2. 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.
3. 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 Contractor’s 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.
XV. 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 Contractor will 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.
XVI. 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. Contractor is required to submit the
completed “AIA Document G702™ - 1992” form to the City of South Bend Board of Public Works
along with electronic certified payrolls for the billed time period.
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. Final payment contingent upon the work being approved by the Indiana Department of Natural
Resources, Division of Historic Preservation and Archaeology.
b. All parts and labor meet requirements stated in the specifications.
c. Provide copies of test reports or cut sheets on all materials supplied.
d. Provide As-Built drawings in accordance with the City of South Bend Prevailing Specifications
for Public Works.
e. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver
of Lien.
XVII. WARRANTY
A. Prevailing Specifications: None
B. Additions
1. All Parts shall include the following:
a. Performance specifications
b. Bill of Materials
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c. Warranties on all parts
d. Installation and safety requirements
XVIII. 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.
XIX. 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 “Traffic Control and Occupancy 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. The “Traffic Control and
Occupancy Request” form can be found on the City of South Bend website at southbendin.gov.
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. There will be no direct payment for this work.
XX. DESCRIPTION OF WORK
A. Prevailing Specifications: None
B. Additions
1. The project includes the furnishing of all equipment, material, insurance, and labor for completing
exterior stabilization of the park structure primarily related to wall/arch stabilization at 2198
S. Walnut Street with the field house facing Ewing Avenue within the City of South Bend, IN.
2. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor’s operations.
3. This project is funded in part by a grant from the National Park Service’s Historic Preservation
Fund Program administered by the Indiana Division of Historic Preservation and Archaeology.
Compliance with all applicable federal, state, and local laws, rules, and regulations is required,
including: federal and state audit requirements, prohibition on lobbying activities, the Copeland
Anti-Kickback Act, the Energy Policy and Conservation Act, the National Occupational Safety and
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Health Act, the Lead-Based Paint Poisoning Prevention Act, the Architectural Barriers Act, and
Executive Orders and Department of Labor regulations regarding Equal Employment Opportunity.
XXI. PLANS
A. Prevailing Specifications: City of South Bend Design and Construction Standards
B. Additions:
1. The plans consist of 4 Sheets.
2. Attachments:
a. FHWA 1273 Required Contract Provisions, Federal Aid Construction Contracts
3. The work shall conform to the plans.
4. The drawings are schematic in nature.
5. The CONTRACTOR is responsible for estimating dimensions and quantities of materials.
6. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern.
V. M/WBE GOALS
A. Prevailing Specifications: City of South Bend Ordinance No. 10761-21, Minority and Women
Business Enterprise Inclusion Program Plan
B. Additions:
1. The M/WBE Goals for Division A are:
a. MBE 1.4 %.
b. WBE 4.7 %.
2. Alternate 1 M/WBE goals are:
a. MBE 1.4 %.
b. WBE 4.7 %.
3. Complete FORMS MBE-1.0 MBE Utilization Plan and WBE-1.0 WBE Utilization Plan, and submit
with Bid Proposal
4. Complete FORMS MBE-2.0 Evidence of Good Faith Efforts and WBE-2.0 Evidence of Good Faith
Efforts and submit with Bid Proposal.
5. Complete FORMS MBE-2.1 MBE Contacted and WBE-2.1 WBE Contacted and submit with Bid
Proposal.
VI. DHPA REQUIREMENTS
A. Prevailing Specifications: Secretary of the Interior’s Standards and Guidelines for the Rehabilitation of
Historic Properties
B. Additions:
1. Required federal language. The bid documents (and subsequently the contract documents) must
include the following language verbatim:
a. This project is funded in part by a grant from the U.S. Department of the Interior, National Park
Service’s Historic Preservation Fund Program and is being administered by the Indiana
Department of Natural Resources, Division of Historic Preservation and Archaeology.
Compliance with all applicable federal, state, and local laws, rules, and regulations is required.
b. Compliance with the applicable Secretary of the Interior’s Standards and Guidelines is
required.
c. The Indiana Department of Natural Resources, the Indiana State Auditor, the U.S. Department
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of the Interior, the Comptroller General of the United States, or any of their duly authorized
representatives, will have access to any books, documents, papers, and records of the
contractor that are directly pertinent to that specific contract, for the purpose of making audit,
examination, excerpts, and transcription. Such records must be maintained for three (3) years
after closeout of the contract.
d. No part of the money appropriated by any enactment of Congress will, in the absence of
express authorization by Congress, be used directly or indirectly to pay for any personal
service, advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of the U.S. Congress, to favor or
oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or
after the introduction of any bill or resolution proposing such legislation or appropriation; but
this will not prevent officers or employees of the United States or its Departments or Agencies
or employees of the State of Indiana from communicating to Members of Congress at the
request of any Member, or to Congress through the proper official channels, requests for
legislation or appropriations that they deem necessary for the efficient conduct of public
business.
e. The project must be carried out in compliance with the Copeland Anti-Kickback Act (18 USC
874) as supplemented in Department of Labor regulations. This act provides that each
contractor will be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation of
which he or she is otherwise entitled.
f. The project must be carried out in compliance with Executive Order 11246, entitled “Equal
Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in
Department of Labor Regulations (41 CFR 60).
g. The project must be carried out in compliance with mandatory standards and policies relating
to energy efficiency that are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
h. All contractors participating in projects receiving federal assistance must take the necessary
steps to insure themselves and their personnel, and to comply with the applicable local, state,
or federal safety standards including those issued pursuant to the National Occupational Safety
and Health Act of 1970.
i. Minimum standards for facilities to be used by the disabled are to be included in the project
specifications to the maximum extent possible for any historic preservation construction grant
(consistent with the Secretary of the Interior’s Standards for Rehabilitation), as required by the
Architectural Barriers Act of 1968, as amended (Public Law 90-480, 42 USC 4151 et. seq.),
and Section 502 of the Rehabilitation Act of 1973 (Public Law 93-112, as amended, 29 USC
792).
j. The project must be carried out in compliance with Section 401 of the Lead-Based Paint
Poisoning Prevention Act (Public Law 91-695, 84 Stat. 2078, as amended by Public Law 93-
151, 48 USC 4801 et. seq.), which prohibits the use of lead-based paint in residential structures
constructed or rehabilitated with federal assistance.
2. Site and Other Areas
a. All construction activities and equipment use will take place in the area boundaries as described
in the plans.
b. All staging, stockpiling, and temporary land use activities must remain on the site.
c. If during any phase of the construction any buried human remains are disturbed, the OWNER’S
REPRESENTATIVE must be contacted immediately and work stopped. The OWNER’S
REPRESENTATIVE is required to contact the Department of Natural Resources within two (2)
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business days, per IC 14-21-1-27 upon discovery. If human remains or burials are discovered,
the relevant state statutes, including IC 23-14 and IC 14-21-1, will be adhered to.
d. If during any phase of the project activities any artifacts or burial objects are discovered, ground
disturbing activities shall cease, and the OWNER’S REPRESENTATIVE shall be contacted
immediately. The OWNER’S REPRESENTATIVE shall contact the Department of Natural
Resources within two (2) business days, per IC 14-21-1-29 upon discovery. Adherence to
Indiana Code 14-21-1-27 and 29 does not obviate the need to adhere to applicable federal
statutes and regulations.
e. Any changes or modifications to the proposed project plans will require the OWNER’S
REPRESENTATIVE to submit said changes to the DHPA for review and comment prior to
implementation.
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CITY OF SOUTH BEND, INDIANA
CONTRACTOR’S QUOTE FOR PUBLIC WORK
PROJECT NAME: Walker Field House Restoration Project
PROJECT NO. 120-010R
QUOTES DUE December 13, 2022 by 9:00 am Local Time
(Must be completed for all quotes. Please type or print)
Date: Firm:
Address:
City/State/Zip: Telephone Number: ( )
Agent of Bidder (if Applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated for the sum of (enter the Total Quote as shown on the Proposal)
($ )
(Enter Sum of Total Quote plus Alternates shown on Proposal) (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.
ACCEPTANCE
The above quote is accepted this day of 20
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President Joseph R. Molnar, Vice President
Gary A. Gilot, Member Jordan V. Gathers, Member
Murray L. Miller, Member Attest: Theresa Heffner, Clerk
By
(Signature)
(Printed Name of Person Signing)
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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
it/he/she has a collective bargaining agreement or other contract of understanding, a notice,
to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment."
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules and regulations, and relevant orders of the Secretary of Labor."
"(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by
the contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders."
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, in this contract may be
cancelled, terminated or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked* as provided in Executive Order No 11246 of September
24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided
by law."
"(7) The contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into such litigation
to protect the interests of the United States."
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted
construction work: Provided, that if the applicant so participating is a State or local
government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the administering agency and the
Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the
agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor
debarred from, or who has not demonstrated eligibility for, Government contracts and
federally assisted construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause as may be
imposed upon contractors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant
agrees that if it fails or refuses to comply with these undertakings, the administering agency
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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. 10761-21. 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 are described in the Ordinance. A list of MBEs and WBEs (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 MBEs and WBEs that will be
contracted, the dollar amount of the work that will be performed by the MBEs and WBEs on the project and the
percentage of the dollar amount as it relates to the total bid amount by using Form MBE-1.0, MBE Utilization Plan,
and Form WBE-1.0, WBE Utilization Plan.
The City, its agencies, boards, or commissions requires the Contractor’s good faith efforts to obtain participation by
those Contractors classified as MBEs and WBEs.
Failure to either meet the MBE and WBE goals or to provide evidence of good faith efforts for the bid will
be grounds for rejecting a bid as non-responsive.
Bidders shall demonstrate good faith efforts to have active participation from MWBEs on this Project and supply
written documentation evidencing such efforts by using Forms MBE-2.0, Evidence of Good Faith Efforts and WBE-
2.0, Evidence of Good Faith Efforts and Forms MBE-2.1, MBE Contacted and WBE-2.1, WBE Contacted. Such
documentation shall include, but is not limited to, the following items:
a. A listing of all M/WBEs contacted including: (1) the name and address of the M/WBE; (2) the date of
contact; (3) the type of contact (i.e., phone call, written solicitation, etc.); (4) the nature or type services or
goods requested; and (5) the result of the contact.
b. Written evidence of outreach and copies of email exchanges inviting and receiving bids, quotes or other
responses from M/WBEs or other documentation of efforts to encourage and secure competitive responses
from M/WBE and local businesses to be included in the benefits of building this Project.
c. Written documentation of letters of introduction, invitations to forging majority/minority strategic alliances
for capacity building, including but not limited to, mentoring, extensions of assistance on payroll, insurance,
bonding, line of credit, technical skills or business skills.
All bidders are actively encouraged to reach out to the M/WBEs in St. Joseph County, Indiana, other 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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CITY OF SOUTH BEND’S GUIDELINES FOR GOOD FAITH EFFORTS
BY CONTRACTORS IN MEETING MWBE CONTRACT GOALS
Under the City of South Bend’s Minority and Women’s Business Enterprise (MWBE) Inclusion Program Plan (COSB
Inclusion Plan), the City of South Bend (the City) is authorized to set “contract specific” goals to increase MWBE
participation in City contracts and procurements.
MWBE participation goals are set based on availability of MWBE contractors within the City’s geographic market
area identified in the City’s Disparity Study.
For contractors bidding on a construction, services, supplies or equipment contract where goals have been set for
all or parts of the project, below is information relevant to “good faith efforts” to meet the contract goal.
When the City sets a contract goal, that means MWBE’s are in fact available to perform work on the contract.
Project bidders must try diligently to meet the goal. Failure to make a good faith effort may result in
rejection of your bid as non-responsive to the contract.
______________________________________________________________________________
Good faith efforts means actions undertaken by a contractor to achieve a contract goal which, by their scope,
intensity, and appropriateness to the objective, can be reasonably expected to fulfill the Program’s goals (City’s
Inclusion Plan, Section 4.B., No. 21).
___________________________________________________________________
A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors must provide
as much information as possible to help the City assess the contractor’s good faith efforts to achieve the
goal. Inadequate proof of good faith efforts may result in a finding that the contractor was non-responsive,
causing its bid to be rejected even if it is the lowest.
Good faith efforts require active, aggressive efforts by the prime contractor to obtain the contract MWBE
participation goal. Mere pro forma efforts are not good faith efforts. To satisfy the good faith efforts test:
• A prime contractor may not reject a MWBE’s bid solely because it is not the lowest bid received from
subcontractors. If the MWBE’s costs are reasonable and not excessive, the MWBE’s quote or bid
presumptively should be accepted on a contract requiring goals even if the MWBE’s bid is not the
lowest one received. However, if an MWBE’s bid or quote is unreasonable or excessive, the prime
contractor may reject the bid on that basis. The contractor has the burden of demonstrating the
excessiveness or unreasonableness of the MWBE’s bid or quote. Because the City must determine
whether a MWBE quote was unreasonable or excessive, Contractors must provide the City with
copies of each MWBE and non MWBE quote submitted to the bidder when a non-MWBE was
selected over an MWBE.
• A contractor may not reject a MWBE as being unqualified without sound reasons based on a thorough
investigation of the MWBE’s capabilities. If a prime contractor rejects a MWBE as unqualified, the
Contractor must provide the City with good reasons for this. The MWBE’s industry standing or
membership in a specific group, organization, political or social affiliation (example: union v. non-union)
is not a basis to reject the MWBE for lack of qualification.
• The ability or desire of a prime contractor to perform the work of the contract with its own organization
team does not relieve the prime contractor of the need to make good faith efforts to use MWBE sub
contractors to meet the contract goal.
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EXAMPLE: Total Project Estimate is $500,000. An MWBE goal of 10% is set for a specific part of the project, i.e.,
$50,000. Only one MWBE submits a quote to the prime contractor, and it is $50,000. A non MWBE submits a
quote of $45,000. Rejecting the MWBE bid may not meet the requirement of making a good faith effort to meet the
contract goal because: 1) the MWBE quote is within the goal percentage and dollar amount set for MWBE
participation on the project; 2) selection of the MWBE quote guarantees that the contractor meets the set goal and
that its bid will be deemed responsive; and 3) the difference between the MWBE and non MWBE quotes is not
significant in terms of the overall contract amount (i.e., 1% of total contract).
If the MWBE’s quote is $53,000 and the non-MWBE bid is $50,000, it may yet not be demonstrative of a good faith
effort to reject the MWBE solely because the MWBE’s quote is not the lowest. The excess is not greatly significant
to the total contract cost, and it could reasonably be expected to be made up elsewhere in the contract while
guaranteeing full goal compliance.
The above examples are illustrative only. The City will make a fair and reasonable judgment as to good faith efforts
based on all information and documentation provided by bidders and taking into account the
Quality
Quantity, and
Intensity
of the efforts made by a contractor to meet the contract goal.
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GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID
If a contractor’s bid does not meet the goal set for the contract, the contractor must submit evidence of good
faith efforts with its bid so the City can determine whether the contractor is a responsive bidder. If the contractor’s
bid meets the MWBE goal, evidence of good faith effort is not required, but it would be prudent to include some
evidence in case an error was made.
The information required of a contractor who has not achieved the contract goal to show good faith efforts can be
found in the South Bend Inclusion Program Plan at Section 8.B.3.d. as follows:
(b) Where the bidder cannot achieve the contract goal, the bidder must provide proof of having made
good faith efforts to meet the goal. In making this determination of whether to issue a goal waiver, the City will
consider, at a minimum, the bidder’s efforts to:
(1) Solicit through all reasonable and available means (e.g., attendance at pre-bid meetings,
advertising and written notices) the interest of all MWBEs in the scopes of work of the contract.
The contractor shall provide interested MWBEs with timely, adequate information about the plans,
specifications, and requirements of the contract to allow such firms to respond to the solicitation.
The bidder must follow up initial solicitations with interested MWBEs.
(2) Select portions of the work to be performed by MWBEs in order to increase the likelihood that
the contract goal will be achieved. This includes, where appropriate, breaking out contract work
items into economically feasible units to facilitate participation, even when the bidder would
otherwise prefer to perform these work items with its own forces. It is the bidder’s responsibility to
make a portion of the work available to MWBEs and to select those portions of the work or
material needs consistent with the availability of such firms to facilitate their participation.
(3) Negotiate in good faith with interested MWBEs. Evidence of such negotiation includes the
names, addresses, and telephone numbers of firms that were contacted; a description of the
information provided regarding the plans and specifications for the work selected for
subcontracting; and why agreements could not be reached. The bidder may not reject MWBEs as
being unqualified without sound reasons based on a thorough investigation of their capabilities.
That there may be some additional costs involved in finding and using MWBEs is not in itself
sufficient reason for a bidder’s failure to meet the contract goal, as long as such costs are
reasonable. The ability or desire of a bidder to perform the work of a Contract with its own
organization does not relieve it of the responsibility to make good faith efforts on all scopes of
work within which subcontracting opportunities are available.
(4) Make efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as
required by the City or the bidder, where appropriate.
(5) Make efforts to assist interested MWBEs in obtaining necessary equipment, supplies,
materials, or related assistance or services, where appropriate.
Materials that should be submitted to support a contractor’s good faith efforts include:
• Copies of advertisements, notices, or solicitations from contractor to MWBE’s-- to include date and
time of issuance;
• A list of all locations where advertisements or notices to MWBE’s were placed or solicitations sent;
• Copies of communication between contractor and MWBE’s in response to contractor’s
advertisements, notices, or solicitations;
• Proof of contractor’s break-out of contract items into units feasible for performance by WMBE’s;
• Proof of communications between the contractor and MWBE regarding negotiations for
agreements, and why agreement could not be reached, as stated more specifically in above
Subsection (b) (3);
• Proof of bids or quotes from MWBE’s and those from non MWBE’s when non MWBE’s bid or quote
is used;
• Proof of efforts made by contractor to assist MWBE to participate in contract, where appropriate;
and
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• Any other information tending to show that Contractor made active, aggressive efforts to meet the
MWBE participation goal but despite good faith efforts was unable to do so.
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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 ___________ )
) SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, “Iran” means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time-to-time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time-to-time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
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
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alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Contractor’s newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3.
Contractor’s documentation of enrollment and participation in the E-Verify Program is included
and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, 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.
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I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-
8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel
products or foundry products made in the United States on this project if awarded. I understand I
have an affirmative duty to notify the City in my bid that my proposal does not include the use of
steel products or foundry products made in the United States. I understand it is my sole obligation
and responsibility to provide a justification to the City, subject to review and approval, why the
cost of United States made steel or foundry products is unreasonable. Prior to award and upon
submission of bid which does not use steel products or foundry products made in the United States,
the City, through its director of public works, shall make a determination if the price of United
States made steel or foundry is unreasonable. I understand that violations hereunder may result in
forfeiture of contractual payments.
***
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public
works are true and correct.
Dated this day of , 20__
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of , 20
My Commission Expires
Notary Public
County of Residence
Version 9/29/2021 Page - 23 Public Works Quote
QUOTE/PROPOSAL
CITY OF SOUTH BEND
PROJECT NAME Walker Field House Restoration Project
PROJECT NO. 120-010R
QUOTES DUE December 13, 2022 by 9:00 am Local Time
Division A – Base Scope of Work
Item
No. Description Quantity Unit Unit Price Total Amount
A-1 Helical piers – rear wall 14 EA
A-2 West side concrete sidewalk
removal/ fill, grade, and seed 1 LS
Total Amount of Division A
Alternate 1
Item
No. Description Quantity Unit Unit Price Total Amount
1 Helical piers – courtyard wall 28 EA
Total Amount of Alternate 1
Total Amount of Division A
Total Amount of Division A and Alternate
Firm:
Address:
City/State/Zip: Telephone Number: ( )
Fax Number: ( )
By
(Signature)
(Printed Name of Person Signing)
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-1.0
MBE UTILIZATION PLAN
Version 9/29/2021 Page - 11 Public Works Quote
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: 120-010R Project Name: Walker Field House Restoration Project
Bidder: Page ____ of _____
DIVISION A MBE GOAL: 1.4%
Name & Address of MBE Primary Contact Person
(Name/Telephone)
Scope of Work to be Performed
(Attach scope/schedule if you need additional space)
Dollar Amount of MBE
Component
Percentage of Total
Base Bid
DIVISION A MBE TOTALS
ALTERNATE #1 MBE GOAL: 1.4%
ALTERNATE #1 MBE TOTALS
Submitted by:
Print Name Signature Date
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-1.0
WBE UTILIZATION PLAN
Version 9/29/2021 Page - 12 Public Works Quote
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: 120-010R Project Name: Walker Field House Restoration Project
Bidder: Page ____ of _____
DIVISION A WBE GOAL: 4.7%
Name & Address of WBE
Primary Contact
Person
(Name/Telephone)
Scope of Work to be Performed
(Attach scope/schedule if you need additional space)
Dollar Amount of
WBE Component
Percentage of Total
Base Bid
DIVISION A WBE TOTALS
ALTERNATE #1 WBE GOAL: 4.7%
ALTERNATE #1 WBE TOTALS
Submitted by:
Print Name Signature Date
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 9/29/2021 Page - 13 Public Works Quote
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: 120-010R Date:
Project Name: Walker Field House Restoration Project
Bidder:
Contact Person: Telephone:
Address:
City: State: Zip:
Email:
To determine whether a bidder has demonstrated good faith efforts to reach the MBE utilization goal 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: http://www.in.gov/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.gov/idoa).
I affirm that I have made good faith efforts to select portions of the contract work to be
performed by MBEs, including, where appropriate, breaking out contract work items into
economically feasible units to facilitate MBE participation.
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.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 9/29/2021 Page - 14 Public Works Quote
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 number;
2. A description of information provided by the bidder or subcontractor; and
3. A statement of whether an agreement was reached, and if not, why not, including any reasons for
concluding that the MBE 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.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 9/29/2021 Page - 15 Public Works Quote
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 WBE participation.
Project Number: 120-010R Date:
Project Name: Walker Field House Restoration Project
Bidder:
Contact Person: Telephone:
Address:
City: State: Zip:
Email:
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 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: http://www.in.gov/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.
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.gov/idoa).
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 MWBE 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.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 9/29/2021 Page - 16 Public Works Quote
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.
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 WBE 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.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.1
MBE CONTACTED (DIVISION A)
Version 9/29/2021 Page - 17 Public Works Quote
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 or woman business meets the MBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 120-010R MBE Participation Goal 1.4% (DIVISION A)
Project Name: Walker Field House Restoration Project
Bidder:
By:
(Signature) (Title) (Date)
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.1
WBE CONTACTED (DIVISION A)
Version 9/29/2021 Page - 18 Public Works Quote
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 bidder’s sole responsibility to verify whether any listed
minority or woman business meets the WBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 120-010R WBE Participation Goal 4.7% (DIVISION A)
Project Name: Walker Field House Restoration Project
Bidder:
By:
(Signature) (Title) (Date)
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM:
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM:
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.1
MBE CONTACTED (ALTERNATE 1)
Version 9/29/2021 Page - 19 Public Works Quote
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 or woman business meets the MBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 120-010R MBE Participation Goal 1.4% (Alternate 1)
Project Name: Walker Field House Restoration Project
Bidder:
By:
(Signature) (Title) (Date)
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.1
WBE CONTACTED (ALTERNATE 1)
Version 9/29/2021 Page - 20 Public Works Quote
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 bidder’s sole responsibility to verify whether any listed
minority-owned business meets the WBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 120-010R WBE Participation Goal 4.7% (Alternate 1)
Project Name: Walker Field House Restoration Project
Bidder:
By:
(Signature) (Title) (Date)
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM:
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM: