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Home My WebLink AboutOpening of Proposals - Kennedy Park Rehabiliation CMc Proj No 125-037 - R. YODERR.YODER CONSTRUCTION CITY OF SOUTH BENS KENNEDY PARK RENOVATION August 26, 2025 27453,County Road 150, Nappanee, !ndiana 46550 574.773.3502 ryodercQnstru t TABLE OF CONTENTS Table of Contents TABLE OF CONTENTS...............................................2 EXECUTIVE SUMMARY............................................3 RYC COMPANY BACKGROUND .............................4 PROJECT TEAM ...................................................... 5-7 PROJECT REFERENCES.....................................8-12 PROJECT APPROACH.......................................13-16 FINANCIAL STRENGTH...........................................17 APPENDIX....................................................................18 EXHIBIT 1 CERTIFICATE OF INSURANCE.............19 EXHIBIT SURETY LETTER.....................................20 EXHIBIT 3 IDOA PUBLIC WORKS CERTIFICATION.........................................................21 EXHIBIT 4 NON -COLLUSION NON -DEBARMENT AFFIDAVIT NON-IRAN FORM ............................................ .22-24 Scan QR Codes Below Video Testimonials Download Proposal PDF or visit or visit bit. ly/RYC references https://grco.de/bgDBNI KENNEDY PARK RENOVATION + 2 EXECUTIVE SUMMARY August 26, 2025 City of South Bend Venues Parks & Arts To the City of South Bend Team, R. Yoder Construction (RYC) is extremely grateful to be extended the opportunity to provide construction manager as constructor (CMc) services for the Kennedy Park Renovation located at 756 Eclipse Pl in South Bend, Indiana. Process and Transparency. At RYC, we believe that humble, thoughtful, and detail -oriented teams are the foundation of successful outcomes. As a trusted construction management partner, we take pride in our proven ability to deliver complex, highly coordinated projects — consistently meeting budget and schedule expectations across a wide range of industries. By leveraging this broad experience, including our experience in working with the DLZ Corporation, we create value at every phase —from early preconstruction through design development and into construction. Our approach prioritizes project success over individual recognition. We've broken down traditional barriers by fostering transparency and a true partnership mentality —setting a standard rarely seen in the construction industry. Accessibility, Communication, and Ownership. RYC is well -versed in collaborating with diverse project teams —particularly when key stakeholders balance full-time commitments outside the project. Our streamlined approach combines intentional communication with technology, such as Procore project management software, to ensure all team members have timely, accessible information —anytime, anywhere. To further support project momentum, the assigned RYC Team will be fully empowered to make key decisions without the delays of extended corporate approval processes, helping keep progress uninterrupted and on schedule. In short — WE ARE UNIQUELY QUALIFIED. With deep experience across both private and public sectors, our team brings the expertise needed to navigate the specific nuances of your project. This well-rounded perspective makes us the ideal partner to serve as the City of South Bend's CMc for the Kennedy Park Renovation and to deliver a project living up to the City's values of excellence, accountability, innovation, inclusion, and empowerment. Our financial proposal will be clarified further in this proposal. In summary, we are suggesting a $26,000 lump -sum preconstruction services fee and a 3.79% CMc fee. This includes engagement at the 60% design stage. We look forward to working with the City of South Bend Team. Our Best, Jason Yoder President, R. Yoder Construction, Inc. KENNEDY PARK RENOVATION + 3 RYC COMPANY BACKGROUND CONTRACTOR R. Yoder Construction was established in 1978, by Randy Yoder. Today, his three sons are leading the company with a mission to deliver high -quality, value -driven large scale commecercial projects on schedule and within budget. With 47 years of experience operating in Northern Indiana and Southern Michigan, our company is uniquely qualified to serve as the Construction Manager for the City of South Bend. Our in-house team utilizes established local contractor relationships to create reliable teams that uphold integrity and deliver quality. We have developed a vast portfolio of successful projects involving undeveloped agricultural land, parks, and extensive municipal renovations. Our team's depth of knowledge and hands-on experience will ensure the success of the Kennedy Park Renovation project. As a Construction Manager, we are committed to delivering high -quality results while managing costs and timelines effectively. k' L*� R. Yoder Construction, Inc., an S corp mg- � With 50 Full -Time Employees +30 active project totaling J $100M Work Under Contract CM as Agent Services- 5 years CM as Constructor Services- 5 years Commercial GC Services- 47 years 27543 County Road 150, PO Box 69 Nappanee, IN 46550 ,�1 (574) 773-3502 Brad Yoder Vice President & Project Lead A� brad (aryoderconstruction.com ■;■ ryoderconstruction.com KENNEDY PARK RENOVATION + 4 The City of South Bend Owner DLZ Corporation Design Firm RYC Construction Manager Brad Yoder Ken Wright Nick Lechlitner VP &)Z( Sr. Project)ZJ Site Project Lead Manager Superintendent M Elkhart County Parks Goshen, IN PROJ ECT TEAM BRAD YODER VICE PRESIDENT Olivet Nazarene University 10-Hour OSHA Certified First Aid CPR AED Certified As Vice President, Brad helps lead in the strategic planning and overall management of the company. He plays a key role in developing and implementing the company's operating procedures to maintain consistency in all aspects across the organization while focusing on employee growth and client satisfaction. Relevant Experience: + South Park Improvements, Nappanee, IN: New park with playgrounds, basketball court, parking, and pavilion. + Oakland Park Trail, Nappanee, IN: Added 1+ mile of walking/biking trail, stone creek bed including steel water feature, and pond improvements. + Elkhart River Walk, Elkhart, IN: Riverside site improvement project including intricate stonework incorporated with a new concrete walkway, kayak launch and pergola structure. KEN WRIGHT I SENIOR PROJECT MANAGER Vincennes University, General Studies Ivy Tech, Building Construction Management OSHA 10 Certified Carpenters Apprenticeship obtaining Journeyman Card Trained in Nucor Building Systems, A&S Building Systems and Butler Building Systems estimating software and products Steuben County Sheriff Reserve Academy Certified Emergency Medical Technician With over 37 years of construction experience in various positions, Ken will act as Project Manager for this project. As both a Project Manager and Estimator, Ken is an expert in overseeing all stages of a construction project and is committed to delivering a quality project on a deadline while also controlling costs. Relevant Experience: + Culver Community Schools, Culver, IN: Multi -facility renovation and addition project that spanned across campus. + Wakarusa Elementary School Addition, Wakarusa, IN: 6,400 S.F building addition adding 5 classrooms and additional parking. + Baugo Historic Gymnasium, Elkhart, IN: Renovated and restored an 11,000 S.F. 1929 Gymnasium to be utilized as a community center and for Boys and Girls Club programming. KENNEDY PARK RENOVATION + 6 PROD ECT TEAM NICK LECHLITNER SITE SUPERINTENDENT Building Trades 4 Years 11 Years of Construction Expertise NIMS 123467 ABC Carpentry EMT Certified by the end of 2025 First Aid & CPR Nick provides dedicated on -site field supervision and direction for each project. He has successfully led numerous projects as a Site Superintendent. Nick values honesty and integrity and is passionate about building strong relationships with his team, subcontractors, and clients. He is task -oriented and drives subcontractors and field crews to check in, be accountable, and ask questions to foster growth and communication. Relevant Experience: + Byers Softball Complex & Splash Pad, South Bend, IN: Improve existing softball fields, a monument entrance structure, and a new splash pad. Oakland Park Trail, Nappanee, IN: Added 1+ mile of walking/biking trail, stone creek bed including steel water feature, and pond improvements. Caston Community School Track & Field, Rochester, IN: Athletic facility improvements include renovations to the press box, outbuildings, and the football track. KENNEDY PARK RENOVATION + 7 REFERENCE CONTACT ® Dr. Scot Croner 574.773.3131 ext. 6211 scroner@wanee.org "R. Yoder is a partner we lean on heavily. Every project we have partnered with R. Yoder on, they have met and exceeded our U19i expectations:" Dr. Scot Croner, Superintendent DELIVERY METHOD Public CMc j SIZE " 6.100 SY :-- - far • * 1 PROJECT REFERENCES EXP10RE ELKHART COUNTY PARKS IMPROVEMENT PROJECT ELKHART COUNTY, INDIANA This multi -building project spanned across six properties within the Elkhart County Parks system. The scope of work included the installation of pit latrines, septic systems for full restroom facilities, concrete walkways and parking areas, and a canoe launch. Our team provided creative solutions, opting for pre -manufactured latrine systems that offered both efficiency and cost-effectiveness. Throughout the project, special care was taken to implement protective measures around the construction sites, ensuring the preservation of the surrounding natural areas. These thoughtful steps helped us achieve a balance between development and environmental stewardship, resulting in a project that benefited both the parks and their visitors. a KENNEDY PARK RENOVATION + 9 PROJECT REFERENCES TRANSFORMATION MINISTRIES SOUTH BEND, INDIANA R. Yoder Construction was contracted to turn an old abandoned factory into a state-of-the-art after -school facility for a not -for -profit organization. RYC worked closely with the owner and the engineer to design a flexible space that fit the budget and allowed for future expansion. BYERS SOFTBALL COMPLEX (IN PROGRESS) SOUTH BEND, INDIANA A complete renovation of the existing ballfields and parking lot. Limited renovation work is being done to the press box. A new splash/spray pad is being constructed along with new signage, pavement areas and landscaping. KENNEDY PARK RENOVATION + 10 PROJECT REFERENCES _►��_:. :_ NAPPANEE, INDIANA • Added 1+ mile of walking/biking trail • Stone creek bed, including steel water feature • Coordinated additional pond improvements ELKHART RIVER WALK ELKHART COUNTY, INDIANA • Extensive earthwork and intricate stonework • New concrete work and kayak launch • New pergola structure ELKHART STAGE ELKHART, INDIANA • Construction of a custom stage structure • Coordination of complex wiring and sound systems • Landscaping and walkway updates SOUTH PARK NAPPANEE, INDIANA • Construction of a new playground • New basketball court • New pavilion and paved trail system .,d' KENNEDY PARK RENOVATION + 11 PROJECT REFERENCES RUM VILLAGE DOG PARK SOUTH BEND, INDIANA • Renovation of nearly 2 acres of property • New pet fountain • New shelter, paving and customized fence system PUMPKINVINE TIMBER BRIDGE GOSHEN, INDIANA • Custom timber bridge system w/helical anchor system • Geotextile and other creative landscape solutions • Trail improvements GOSHEN HS ALUMNI PLAZA GOSHEN, INDIANA • New entrance structure and fencing • Decorative and stamped concrete throughout • Extensive underground utility relocations IJ KENNEDY PARK RENOVATION + 12 PROD ECT APPROACH TRUE CONSTRUCTION MANAGEMENT EXPERIENCE A project of this size and scope demands exceptional coordination among the Owner, Architect, and Construction Manager. Leveraging our extensive CM experience and a relentless teamwork approach built on open communication and trust, R. Yoder Construction is well -positioned to guide the entire project team seamlessly through every stage of preconstruction and construction. RYC's proven experience in the CM role across both public and private sectors will be a critical asset to this project. We have successfully delivered numerous CM -led projects by excelling in coordination, clear communication, and fostering strong relationships with trusted local trade partners —relationships that bring both expertise and efficiency to every phase of construction. LOCAL MATTERS We believe deeply in working with local trades, where accountability and responsiveness naturally thrive because we live and work in the same communities. During preconstruction, we will leverage these trusted relationships to support design discussions, provide accurate budgeting insight, and identify value engineering opportunities that benefit the project from day one. COST CONTROL Cost control starts day one. RYC will be active in design discussions and partner with the DLZ team along with any additional consultants to provide a collaborative approach to the preconstruction process. We understand how critical the preconstruction process is in controlling project costs. Our team is excited to once again work with DLZ Corporation and help provide proactive budget guidance throughout the remainder of the design development process to help ensure the project remains on budget when the drawings are issued and bids are tabulated. The RYC team integrates value engineering early in design development, offering strategies such as more efficient material selections or layout adjustments to reduce unnecessary costs. Every cost -saving option is carefully evaluated against performance, long-term value, and sustainability before being recommended. Our guidance ensures that value engineering decisions never compromise the project's durability, functionality, or ability to serve generations to come as we realize this is a priority for the project team set forth in the RFP. During construction the RYC team will maintain budget focused and align all decisions towards that goal. Our team utilizes technology such as Procore, our project management software, and Foundations, our enterprise resource planning software to manage costs throughout the project. Our systems maintain all project -related records, backup invoicing, and job costing and the Owner will have full access to these documents upon request. Should unforeseen issues arise during the project, RYC will evaluate the cost impact of the issue. To do this, RYC works with all related trade experts to analyze alternate materials or possible layouts that can reduce costs and minimize budget impacts. All options are reviewed in project team meetings, where impacts on cost are discussed collaboratively before any decisions are made. KENNEDY PARK RENOVATION + 13 PROD ECT APPROACH SCHEDULE CONTROL As we move forward in the preconstruction process, we will use our vast experience and historical subcontractor partnerships to build the formal project schedule. RYC uses Microsoft Project software to build the Critical Path Method (CPM) master project schedule and track projected timelines. This will take place once the bidding is complete and the project budget and phasing are finalized. Additionally, once awarded the project, RYC will work to identify any longer lead items that may present a scheduling challenge, and the team will explore alternatives if possible. Otherwise, we will notify all subcontractors of the importance of ordering these items immediately upon being contracted. Should any unforeseen schedule delays arise during construction, RYC will engage in full reviews with trade subcontractors to assess cost and schedule impacts. The team will offer alternate solutions and design suggestions when necessary. For example, in one project where natural gas services were delayed, RYC worked with subcontractors to temporarily switch heating systems to propane to keep the schedule on track. PROJECT BIDDING AND SUBCONTRACTOR EVALUATION Once design is complete, bid packages will be issued to multiple subcontractors within each scope of work to ensure a competitive bidding process. While the CMc statute now permits a Construction Manager to self -perform up to 30% of the total project value, RYC will not advertise our interest in self -performing work to other potential bidders. Our experience has shown that when subcontractors believe a CM is competing for self -performed work, participation is discouraged and competition within those scopes is reduced. During bid reviews, RYC will conduct thorough due diligence on each prospective subcontractor, including contacting past project references, confirming financial capacity through review of the prior year's Profit and Loss statement, verifying that their EMR is below 1.0, and ensuring adequate manpower is available to successfully complete the scope of work. Once the bidding process is complete, RYC's executive and project management teams will review the project together to identify potential issues, address design challenges, and propose cost -control solutions as needed. This collaborative approach to bid review leverages the full depth of RYC's expertise and ensures that every perspective is considered before moving forward. KENNEDY PARK RENOVATION + 14 PROJ ECT APPROACH PROJECT COORDINATION AND COMMUNICATION Drawing on our experience with a wide range of project types, we have successfully managed many that demand a high level of coordination and integration with existing programming. + Elkhart County Parks: Parks remained open and road closures were kept to a minimum. + Wakarusa Elementary CMc: Facility remained occupied, and we coordinated work around an active school campus. + Goshen High School Alumni Plaza: The facility remained open, and we coordinated work around athletic students and staff. This is all done by proactively communicating throughout the project. RYC will lead bi-weekly project coordination meetings to discuss current progress, and the 3-week look ahead schedule. Nick Lechlitner, the on -site superintendent, will take an active role in client interaction and will be the key component in schedule coordination. Nick will connect with the dedicated City representative on a regular basis to ensure all campus events and activities are accommodated. WORKING WITH OUTSIDE PARTIES Because of our extensive background in CM projects, we are well versed in regular coordination with state and local municipalities, utility providers, and the various relationships that are necessary to navigate the early stages of the project development. Additionally, we have talented team members, such as Jake Teshka our Client Relations Manager, that are well versed in navigating possible municipal, utility, or any outside party challenges. RYC provides added project support through an all-inclusive marketing approach. Our team manages social media engagement to keep the community informed of project milestones and progress, and we also coordinate groundbreaking and ribbon -cutting ceremonies to enhance public awareness and celebration. SAFETY IS ALWAYS A PRIORITY RYC maintains a complete safety program including: + Regularly scheduled job site safety meetings + Unannounced safety audits + Oversight by experienced personnel who enforce job site compliance among all trades Safety performance is monitored continuously and discussed in Owner -Architect -CM meetings as necessary. KENNEDY PARK RENOVATION + 15 PROJECT APPROACH QUALITY CONTROL AT ALL LEVELS —/ RYC has a structured Quality Assurance and Quality Control (QAQC) program + Each job has QAQC milestones built into each phase of the project schedule that initiate an inspection from Kevin Yoder - our VP and QAQC lead, along with Joe Beer - our Director of Field Operations. 1 An internal punch list is created and distributed via Procore to each of the responsible parties with deadlines for completion. + The goal of our QAQC process is a "Zero Punchlist" at the end of the job. This ensures any potential punch list items are identified and corrected in an efficient manner throughout the project while trades are on site. The final joint punch list walkthrough will take place after substantial completion. RYC will review any necessary items with trades and again distribute the list via Procore. The Site Superintendent will oversee the scheduling and completion of the tasks. The Project Manager will then notify the Owner that all items are satisfactorily completed. NEGOTIATING AND ESTABLISHING A FINAL CMc CONTRACT If selected by the City, we suggest using a standard AIA A133-2019 contract (Standard Form of Agreement Between Owner and CMc where the basis of payment is Cost of the Work Plus Fee with Guaranteed Max Price). RYC could provide this contract to the City within two weeks of selection. KENNEDY PARK RENOVATION + 16 COMPENSATION FOR CMc SERVICES ` o w $269000 $1370007000 LJ 3.79% Preconstruction Fee L] Project Budget CMc Fee + Based on the narrative within this proposal and 4 months of preconstruction, RYC's fixed preconstruction fee will be a lump sum of $26,000. + Based on an overall project budget of $13,000,000, RYC's construction management fee to execute the project would be 3.79% of the total cost of work. + Additional Fees for the Construction Manager include: Project Staffing (based on 18 month duration) _ $482,000 General Conditions (based on 18 month duration) _ $430,000 Bond Rate = 0.60% Corporate General Liability Rate = 0.47% + General Conditions Costs would include items such asjobsite office trailers, equipment, internet services and office supplies, technology services such as PROCORE, temporary toilets, dumpsters, temporary fencing, construction site cleaning. + Costs the Owner would be responsible for include items such as Architectural and Engineering fees, state and local approvals, water/sewer tap fees, re-zoning/variance fees, storm water drainage fees, builders risk insurance. + Cost Overruns and Delays Because of established GMP, all possible cost overruns will be covered by RYC. Should an scope change be necessary, a solution will be reviewed in detail with the entire project team before increasing the GMP. Any schedule concerns will be addressed collaboratively in a team setting. Potential delays will be managed through creative solutions and, if necessary, the addition of supplemental labor. RYC's custom subcontractor agreements allow us to supplement workforce resources if performance issues arise. Should a delay occur beyond the Construction Manager's control, it will be communicated openly with the Owner to ensure a timely and effective resolution. + Project Contingencies RYC typically recommends an initial construction contingency of approximately 3% during the budgeting phase. However, this percentage can be lowered once the construction documents are finalized and the scoping period is completed. This contingency will be closely monitored throughout the project and any unused amount will be returned to the owner. KENNEDY PARK RENOVATION + 17 27453 County Road 150, Nappanee, Indiana 4bbbU 574.773.3502 + nate(aryoderconstruction.com APPENDIX Exhibits 1 - 4 KENNEDY PARK RENOVATION + 18 EXHIBIT 2 SURETY LETTER Allianz * May 9, 2025 RE: R. Yoder Construction, Inc. Surety PrequalifIcation Letter To Whom It May Concern: Allianz Trade We hereby confirm that R. Yoder Construction, Inc. is a highly valued client of Fuler Hermes North America Insurance Company (operating under the Allianz Trade name), and that we have confidence in the financial and operational strength of the firm. We are currently willing to support single bonds up to $60,000,000 with total aggregate capacity of $120,000,000, As is customary within the surety industry, the issuance of any bid or final bonds is always contingent upon a satisfactory underwriting review at the time a request for bonds is made. This review may include, but not be limited to, acceptable terms, conditions, documents, bond forms, and confirmation of an acceptable financing source and payment provisions. It should be understood that any arrangement for surety bonds is a matter strictly between R. Yoder Construction, Inc. and Euler Hermes. We assume no liability to third parties or to you by issuance of this letter. Euler Hermes North America Insurance Company is Rated "A+" by A.M. Best with a Financial Classification of "XV" P billion or greater) and appears on the U.S. Treasury Department List of approved sureties. EULER HERMES NORTH AMERICA INSURANCE COMPANY t Pamela M. Anderson, Attorney -in -Tact Euler Fiermes ND"h America Insurance Company and its affiliated debt collection company are part of the Allianz group and market their products and services using the 'All last Trade' trademark. KENNEDY PARK RENOVATION + 20 ■ ■ 1111111361001 CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC WORKS PROJECTS to the STATE OF INDIANA This Certification Board, having duly considered application for qualification in terms of apparent experience and financial resources; and under the applicable Indiana Code 4-13.6-4 and adopted rules of this Board, hereby issues a Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: R. Yoder Construction, Inc. 27453 CR 150 P.O. Box 69 Nappanee, IN 46550 Phone (574) 773-3502 Fax (574) 773-4941 Company Official Jason Yoder, President for the twenty-seven month period stated herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1521.01 Single and Multi -Family Homes - No Restrictions 1521.02 Additions, Alterations, Remodeling, and Repair - No Restrictions 1541.01 Industrial Plants and Warehouses - No Restrictions 1541.03 Additions, Alterations, Remodeling, and Repair - No Restrictions 1542.00A Inst. Bldgs.(Hospitals, Schools, Prisons)>$10,000,000 - No Restrictions 1542.00B Inst. Bldgs.(Hosp., Schl., Prsn.)>$1,000,000, <$10,000,000 - No Restrictions 1542.01 Institutional Bldgs (Hospitals, Schools, Prisons) - No Restrictions 1542.02 Commercial Buildings (Offices, Stores, Restaurants) - No Restrictions 1542.04 Additions, Alterations, Remodeling, and Repair - No Restrictions 1629.05 Sewage & Water Treatment Plant Construction - No Restrictions 1742.02 Acoustical Work - No Restrictions 1751.01 Rough Carpentry - No Restrictions 1751.02 Finish Carpentry - No Restrictions 1771.01 Concrete Construction - No Restrictions 1791.01 Erection of Building Structural Steel - No Restrictions 1799.07 Shell Structures - No Restrictions 1799.08 Interior and/or Architectural Exterior Restoration - No Restrictions CERTIFICATION DATE 12-04-2024 EXPIRATION DATE 2027-03-04 12:00:00 AM THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA, PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINGTON STREET, ROOM W467, INDIANAPOLIS, INDIANA 46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. Tracy L. Cross, Executive Secretary Certification Board DAPW PQ2 State Form 3983R Rev. 07/06 KENNEDY PARK RENOVATION + 21 EXHIBIT 4 NON -COLLUSION NON -DEBARMENT AFFIDAVIT NON-IRAN FORM When the praspeetive Contrraclor is .""able to cerlify to any of tiro .rtrrternents below, it shrill utlrrch an arpinuation to this Ajfideph CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION RI GARDINC INVESTiMENT WITH I -RAN, EMPLOYINIENT ELIGll3ILITY VERIFICATION, NON-DISCRIAHNATION COMMITMENT AND CERTITICA"I'ION Df USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) CMiR4 COUNTY SS: The twdersi0cd Contractor, being duly swum upon hislircrfits oath, affirms under the penalties ofperjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, enwred into any combination, collusion or agreement with any person relative to the price to be hid 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, inn&rstanding 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 wilt receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2_ C (MtraCtOr 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 fmm 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. 1'or purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iron, or as otherwise defined at Ind. Codc § 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 timc4c-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-flvo (45) days or more, if that person will (i) use tltc credit to provides goods and services in N-C:nlhmimi Mmi-Deharnient Af dayit Non IFffli Form 2016 KENNEDY PARK RENOVATION + 22 EXHIBIT 4 NON -COLLUSION NON -DEBARMENT AFFIDAVIT NON-IRAN FORM the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a pers. on identified (in list publislicd by Cho Iandiana Dcpartmcnt 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 urauthorized 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-Verity 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 S. 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 Lend, and understands that the City may terminate the catattact 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 perSorm ance of a City contract with. respect to hire, bemire, terms, conditions, or privileges of employment, or any }natter 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 die 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 agencics, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors cctt.ified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ('WBE") as a factor in detennining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award or City contract be required to award a subcontract to an MB0WBE; however, it may not unlawfully discriminate against said WBEYMBE. A finding of a discriminatory practice by the City's MBEMBE Utilization Hoard 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 growids i'or tern iniating the contact for which the discriminatory practice or noncompliance pertains. 7, Thv undersigimd 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 Fiend, Indiana or any of its agencies, boards or commissions_ Wn-Collnsian Arun-Dolxvnxnl AffiduLit Nk lrau Finn 7.016 KENNEDY PARK RENOVATION + 23 EXHIBIT 4 NON -COLLUSION NON -DEBARMENT AFFIDAVIT NON-IRAN FORM 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, 1, the wiclei-signed bidder or agent as contractor on a public works project, auderstand my statutory obligations to the use of steel products or foundry products made in the United States (1.C. 5-1 b-8-1), 1 hereby certify that i and all subcontractors employed by Me for this project will use steel products or foLmdry products made in the United States on this project if awarded. 1 understand l have an affirmative duty to notify the City in my bid that nay proposal does not include the ttse of steel products or foundry product made in the United States. l 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 snake a determination if the price of United States made steel or Foundry is unreasonable. 1 understand that violations hereunder may result in forfciturc of contractual payments. 1 hereby affitrn under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Datcd this __&�____ day of 04*, 20 0,15 Contractor/Bidder (Firm) srof ontractorlBidder or its Agent �p�g F�uS iSS _N� Printed Name and Title Subscribed and swore to bcforc me this �'"t day of a.. 1 20 My C:ornmission Expires 05 �3`�W NIU& _VU',0V441r, Notary Public �EnVC&4'u1n7lMyAIETS, NaWCounty ofResidenceE_ 56 d 41yCvmmisSloilExpSrds M Non-Coliosion Mm-rkbnrnicnl ALTdavil -Non Irim Funu 20 t6 KENNEDY PARK RENOVATION + 24 ON R.YODER u 0 0 (aryoderconstruction RYODERCONSTRUCTION.COM BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 8/19/2025 Name: Sarah Barber Department of Public Works — Engineering Division BPW Date: 8/26/2025 Phone Extension: 9805 Required Prior to Submittal to Board BPW Attorney X Attorney Name: Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ® Mickey Lovey 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 n Other: n Ease./Encroach Information Company or Vendor Name ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No ❑ MBE/WBE Contractor Completed E-Verify Form Attached ❑ WBE ❑ Nos Project Name Kennedy Park Improvements CMc Proposals Opening Project Number 123-008 Funding Source PROJ 401 Account No. PR/PO #PR 42784 Amount Terms of Contract Special Contract Provisions Purpose/Description This request is to open the request for proposals and read the applications into the record for the Kennedy Park Improvements Construction Manager as Constructor (CMc) project. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease ( %) New Amount $ Increase Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: