HomeMy WebLinkAboutOpening of Quotes - Walker Field House Restoration Ph 2 Masonry Proj No 125-044B - Berglund ConstructionMay 26, 2026
Berglund Construction Company
126 Venturi Drive
Chesterton, IN 46304
773-374-1000 x. 2205
N/A
South Bend Venues Parks and Arts
South Bend Venues Parks and Arts
3/16/2026
Hoerstman Design Shop
Three Hundred Ninety-Five Thousand and 00/100 Dollars 395,000
245,000
245,000
150,000
150,000
Berglund Construction Company
126 Venturi Drive
Chesterton, IN 46304 773 374-1000 x. 2205
John McHugh
May 26, 2026 Berglund Construction Company
126 Venturi Drive
Chesterton, IN 46304 773 374-1000
N/A
Walker Field House Restoration Project - Phase 2
Three Hundred Ninety-Five Thousand and 00/100 Dollars 395,000
John McHugh
Indiana
Porter
South Bend Venues Parks and Arts
Berglund Construction Company
May 26, 2026
$148,821 GC 06/2026 Village of Lemont, Lemont, IL
$10,200,950 GC 12/2026
$2,370,000 GC 07/2025 Milwaukee County, Milwaukee, WI
$164,000 GC 10/2025 Porter County,Valparaiso, IN
Lucas County Board of Commissioners
Toledo, OH
$199,000 GC 12/2025 Village of Itasca, Itasca, IL
No
University of Chicago - Brian Cowperthwaite, 773-834-6706
Griffin Museum of Science and Industry - David Woody, 773-947-6796
Northwestern University - Richard Pauner, 847-467-6701
Berglund maintains the resources to complete this work per plans, specifications, and schedule.
We employ the necessary skilled tradespeople skilled tradespeople to complete the work. All
equipment used will be owned or rented.
Block Electric, 7107 N. Milwaukee Ave., Schaumburg, IL - Work performed: Electrical
Namat Construction, 7819 S. Claremont Ave., Chicago, IL - Work performed: Masonry, Concrete repairs
Christopher Glass, 832 Industrial Dr., Elmhurst, IL - Work performed: Glass, Glazing, Storefronts
Corsetti Structural Steel, 2515 New Lenox Rd., Joliet, IL - Work performed: Structural Steel
N/A
See attached Equipment List
We revised pricing from major material suppliers and utilized historical database pricing for other
material pricing.
26th
26th
Berglund Construction Company
126 Venturi Drive
Chesterton, IN 46304
Walker Field House Restoration Project - Phase 2
26th May 26
26th May 2026
BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM
Date: 05/19/2026
Name: Caitlin Wyant, EI Department of Public Works – Engineering Division
BPW Date: 05/26/2026 Phone Extension: 7483
Required Prior to Submittal to Board BPW Attorney X Attorney Name
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 Ph2 - Masonry
Project Number 125-044B
Funding Source IN DNR DHPA Grant + Local Match
Account No. PR #48174
Amount
Terms of Contract
Special Contract Provisions
Purpose/Description Restoration of masonry at historic field house at Walker Field Park
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 – Phase 2
PROJECT NO. 125-044
QUOTES DUE May 26, 2026 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 (VPA).
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 VPA 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 restoration of the park structure primarily related to relevant masonry repairs 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 2026
INDOT Standard Specifications for the letting effective after September 1, 2025.
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: 2026, 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.
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.
e. All required additional information and forms as is included with the quote.
IV. DHPA QUALIFICATIONS
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A. Prevailing Specifications: 2026, 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.
V. TAX EXEMPT
A. Prevailing Specifications: None
B. Additions
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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: 2026, 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: 2026, 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.
IX. BONDING REQUIREMENTS
A. Prevailing Specifications: 2026, INDOT Standard Specifications Section 103
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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: 2026, 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: 2026, 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, Neil
Hoerstman Design Shop, and Silver Creek Engineering, Inc.
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: 2026, INDOT Standard Specifications Section 108
B. Additions:
1. The project will have a completion date of July 15, 2026. 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.
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XIII. CHANGE OF CONTRACT TIME
A. Prevailing Specifications: 2026, 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: 2026, 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
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: 2026, INDOT Standard Specifications Section 108
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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: 2026, INDOT Standard Specifications Section 109
B. Additions:
1. Payments will be made every thirty (30) calendar days.
2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall withhold three percent
(3%) of the dollar value of all work satisfactorily completed until the public work is substantially
completed and the Project Completion Affidavit is approved by the Board.
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
c. Warranties on all parts
d. Installation and safety requirements
XVIII. OTHER UTILITIES
A. Prevailing Specifications: None
B. Additions:
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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: 2026, 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 restoration of the park structure primarily related to relevant masonry repairs 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
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. MASONRY
A. Prevailing Specifications: None
B. Additions:
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1. Contractor Selection
a. It is required that the masonry contractor has documented experience working on historic
masonry. Bid documents must include a requirement for the contractor to list a minimum of
three historic properties that they have worked on previously (see section IV of these
specifications). In addition to the contractor having experience, the specific masons working on
the project must have a knowledge of historic masonry and be able to demonstrate they can
complete the work without causing harm to the masonry units (see required approvals below).
2. Masonry Rehabilitation
a. Masonry Units
(i) If any masonry units are so damaged or deteriorated as to warrant their replacement, the
new masonry units must match the originals in terms of overall dimensions, color, texture,
surface finish, and overall appearance.
b. Mortar
(i) Repointing mortar is to be formulated to be compatible with the original masonry units. The
new mortar must match the original mortar in terms of aggregate size and color,
composition, overall color, and joint profile and tooling. A formula for an appropriate mortar
must be submitted to the DHPA for approval prior to any repointing activity. All mortar joints
are to be raked out by hand to a uniform depth of approximately 3/4", or deeper if mortar
is not sound at this depth.
c. Use of Power Tools
(i) Power tools such as rotary grinders are not to be used to remove the existing mortar unless
a formal plan for the use of such power tools has been reviewed and approved by DHPA
staff prior to the performance of any work. If power tools are permitted to be used for the
removal of mortar, the DHPA will not tolerate any damage to masonry units resulting from
the errant use of power tools. In the event of any masonry damage resulting from the errant
use of power tools, it will be the responsibility of the subgrantee and the contractor to
appropriately remedy such damage before the DHPA approves the completed project.
3. Cleaning
a. Surface cleaning shall be achieved using the gentlest means possible, starting with a low-
pressure water rinse and hand-scrubbing using natural bristle brushes. If this does not
successfully produce the desired result, a mild detergent may be used, followed by thorough
low-pressure rinsing with water; this step may be repeated as needed. Harsh chemical cleaning
agents are not to be used under any circumstances, nor will the use of any acids, high-pressure
water washes, or abrasive blasting be permitted.
4. Masonry Coatings
a. Coatings, such as water repellent, are rarely recommended for historic buildings. For a coating
to be approved there must be evidence that the masonry has been damaged in a way that the
exterior surface has been compromised (such as previous sandblasting). Masonry coatings
create an ongoing maintenance issue as they must be reapplied every 5-10 years to be
effective. Should a coating be determined to be necessary, it must be a breathable water
repellent to allow water within the masonry to escape and must not alter the appearance of the
building.
5. Applicable Preservation Briefs can be found at https://www.nps.gov/orgs/1739/preservation-
briefs.htm. See item #1 (Assessing Cleaning and Water-Repellent Treatments for Historic Masonry
Buildings), item #2 (Repointing Mortar Joints in Historic Masonry Buildings), and item #6 (Dangers
of Abrasive Cleaning to Historic Buildings).
6. Required DHPA Approvals
a. Mortar Removal
(i) The preference for mortar removal is always hand tools, but in some cases the use of
power tools may be approved. Each mason who will work on mortar removal on the building
must complete a demonstration area showing that they can complete the mortar removal
without damaging the masonry. The location and size of the sample demonstration area(s)
shall be determined by DHPA and the Principal Investigator. Grinders may be approved
for use in horizontal joints but will typically not be permitted for use in vertical joints due to
the high potential for over-cutting and damaging adjacent masonry units. The Principal
Investigator must review the demonstration area(s) in person and photographically
document the areas for submission to DHPA for final approval prior to work proceeding on
the remaining project area.
b. New Mortar
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(i) New mortar must match the original mortar in terms of aggregate size and color,
composition, overall color, and joint profile and tooling. The proposed mortar formula must
be submitted to the DHPA for approval prior to any repointing activity. Additionally, a
sample of the proposed mortar must be installed on the building adjacent to the historic
mortar (when possible) to allow for color, texture and tooling comparison. If the building will
also be cleaned as part of this project, then the new mortar should be compared to a
cleaned area of the existing/historic mortar to accurately evaluate the color match. The
Principal Investigator must review the sample in person and photographically document
the area for submission to DHPA for final approval prior to work proceeding on the
remaining project area.
c. Masonry Cleaning
(i) A demonstration area testing the proposed cleaning method must be completed. The
location and size of the sample demonstration area shall be determined by DHPA and the
Principal Investigator. The Principal Investigator must review the demonstration area in
person and photographically document the areas for submission to DHPA for final approval
prior to work proceeding on the remaining project area.
XXII. PLANS
A. Prevailing Specifications: City of South Bend Design and Construction Standards
B. Additions:
1. The plans consist of 10 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. 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
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
Version 9/29/2021 Page - 10 Public Works Quote
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)
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.
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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 – Phase 2
PROJECT NO. 125-044B
QUOTES DUE May 26, 2026 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 as 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
Murray L. Miller, Member Breana Micou, Member
Abigail E. Magas, Member Attest: Hillary R. Horvath, Clerk
By
(Signature)
(Printed Name of Person Signing)
Version 9/29/2021 Page - 13 Public Works Quote
CITY OF SOUTH BEND
EQUAL EMPLOYMENT OPPORTUNITY CONTRACTING
PROVISIONS DIVERSITY UTILIZATION
It is the policy of the City of South Bend to provide equal employment and business opportunity for
all persons, partnerships, companies, and corporations in accordance with the rules, regulations and
guidelines of the applicable federal, state and local laws. This policy of equal employment and business
opportunity shall apply to every contractor or subcontractor bidding or holding a public contract with the City
of South Bend.
In furtherance of this policy, the following Equal Opportunity Clauses are hereby made a part of every
construction contract entered into by the City of South Bend and all subcontractors entered into pursuant
to any such contract and the bidder hereby certifies that it/he/she will abide by these provisions.
The contractor will not discriminate against any applicant or employee because of race,
color, religion, sex, national origin, or handicap. The contractor will take affirmative action
to ensure that all applicants or employees are treated fairly and equitably. Such action
shall include but not be limited to the following: hiring, up-grading, demotion or transfer,
recruitment, advertising, lay-offs or termination, rates of pay or other forms of compensation
and selection for training including apprenticeship programs.
The contractor shall agree to post in conspicuous places available to employees and
applicants, notices to be provided setting forth the provisions of the Non-Discrimination Clause.
The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
The contractor will send to each labor union or representative of workers with which
it/he/she has a bargaining agreement or other contract or understanding, a notice to be
provided, advising the labor union or worker's representatives of the contractor's
commitment under this section, and shall post copies of the notices in conspicuous places
available to applicants and employees.
The contractor will comply with all provisions of Executive Order 11246 (as amended by
11375) and of the rules, regulations and relevant orders of the Department of Labor.
Subpart B -- Contractors' Agreements
Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government
contracting agencies shall include in every Government contract hereinafter entered into the following
provisions:
"During the performance of this contract, the contractor agrees as follows:"
"(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated equally
during employment, without regard to their race, color, religion, sex or national origin. Such
action will include, but not be limited to the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause."
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin."
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"(3) The contractor will send to each labor union or representative of workers with which
i t /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
Version 9/29/2021 Page - 15 Public Works Quote
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.
Version 9/29/2021 Page - 16 Public Works Quote
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.
Version 9/29/2021 Page - 17 Public Works Quote
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the Contractor subsequently learns is an unauthorized
alien. 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.
Version 9/29/2021 Page - 18 Public Works Quote
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 - 19 Public Works Quote
QUOTE/PROPOSAL
CITY OF SOUTH BEND
PROJECT NAME Walker Field House Restoration Project – Phase 2
PROJECT NO. 125-044B
QUOTES DUE May 26, 2026 by 9:00 am Local Time
Base Quote
Item
No. Description Quantity Unit Unit Price Total Amount
1
Install concrete piers & prep for
steel archways, install steel gate
hinges, tuckpoint where needed,
remove paint, clean & replace
lintels where noted in the Plans
and Specifications.
1 LS $
Total Amount of Quote $
Alternate #1
Item
No. Description Quantity Unit Unit Price Total Amount
1
Install courtyard steel archways,
where noted in the Plans and
Specifications.
1 LS $
Total Amount of Quote $
Firm:
Address:
City/State/Zip: Telephone Number: ( )
Fax Number: ( )
By
(Signature)
(Printed Name of Person Signing)
1
FHWA-1273 – Revised October 23, 2023
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: 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, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
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within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible. c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
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(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the
project under a development statute), will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics. As provided in paragraphs (d) and (e) of 29
CFR 5.5, the appropriate wage determinations are effective by
operation of law even if they have not been attached to the
contract. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under the Davis-Bacon Act (40
U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject
to the provisions of paragraph 1.e. of this section; also, regular
contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics must be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification(s) of work actually
performed, without regard to skill, except as provided in
paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records
accurately set forth the time spent in each classification in
which work is performed. The wage determination (including
any additional classifications and wage rates conformed under
paragraph 1.c. of this section) and the Davis-Bacon poster
(WH–1321) must be posted at all times by the contractor and
its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage
and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage
and fringe benefit rates for classifications of laborers and
mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided
that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for
which a prevailing wage rate has been determined;
5
(ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable
relationship to the prevailing wage rates contained in the
wage determination.
(2) The Administrator will establish wage rates for such
classifications in accordance with paragraph 1.c.(1)(iii) of this
section. Work performed in such a classification must be paid
at no less than the wage and fringe benefit rate listed on the
wage determination for such classification.
c. Conformance. (1) The contracting officer must require that
any class of laborers or mechanics, including helpers, which is
not listed in the wage determination and which is to be
employed under the contract be classified in conformance with
the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate
only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications
listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action
taken will be sent by the contracting officer by email to DBAconformance@dol.gov. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(4) In the event the contractor, the laborers or mechanics to
be employed in the classification or their representatives, and
the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated
for fringe benefits, where appropriate), the contracting officer
will, by email to DBAconformance@dol.gov, refer the
questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator
for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the
contracting officer within the 30–day period that additional time
is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division
under paragraphs 1.c.(3) and (4) of this section. The contractor
must furnish a written copy of such determination to each
affected worker or it must be posted as a part of the wage
determination. The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraph 1.c.(3) or (4) of
this section must be paid to all workers performing work in the
classification under this contract from the first day on which
work is performed in the classification.
d. Fringe benefits not expressed as an hourly rate.
Whenever the minimum wage rate prescribed in the contract
for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor may
either pay the benefit as stated in the wage determination or
may pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, Provided, That
the Secretary of Labor has found, upon the written request of
the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the
meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the
wages required by the contract, the contractor will be required
to pay interest on any underpayment of wages.
2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may,
upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold
or cause to be withheld from the contractor so much of the
accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief,
including interest, required by the clauses set forth in this
section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally
assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to Davis-Bacon labor standards requirements and is
held by the same prime contractor, regardless of whether the
other contract was awarded or assisted by the same agency,
and such funds may be used to satisfy the contractor liability
for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including
any apprentice or helper working on the site of the work all or
part of the wages required by the contract, or upon the
contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may
on its own initiative and after written notice to the contractor,
take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with paragraph
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2.a. of this section or Section V, paragraph 3.a., or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.
All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the
course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise
working in construction or development of the project under a
development statute) for a period of at least 3 years after all
the work on the prime contract is completed.
(2) Information required. Such records must contain the
name; Social Security number; last known address, telephone
number, and email address of each such worker; each
worker's correct classification(s) of work actually performed;
hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number
of hours actually worked in total and on each covered contract;
deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever
the Secretary of Labor has found under paragraph 1.e. of this
section that the wages of any laborer or mechanic include the
amount of any costs reasonably anticipated in providing
benefits under a plan or program described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual
cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors
with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship
programs, the registration of the apprentices, and the ratios
and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit
weekly, for each week in which any DBA- or Related Acts-
covered work is performed, certified payrolls to the contracting
agency. The prime contractor is responsible for the submission
of all certified payrolls by all subcontractors. A contracting
agency or prime contractor may permit or require contractors
to submit certified payrolls through an electronic system, as
long as the electronic system requires a legally valid electronic
signature; the system allows the contractor, the contracting
agency, and the Department of Labor to access the certified
payrolls upon request for at least 3 years after the work on the
prime contract has been completed; and the contracting
agency or prime contractor permits other methods of
submission in situations where the contractor is unable or
limited in its ability to use or access the electronic system.
(2) Information required. The certified payrolls submitted
must set out accurately and completely all of the information
required to be maintained under paragraph 3.a.(2) of this
section, except that full Social Security numbers and last
known addresses, telephone numbers, and email addresses
must not be included on weekly transmittals. Instead, the
certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the
worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional
Form WH–347 or in any other format desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour
Division website at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its successor website. It is not a
violation of this section for a prime contractor to require a
subcontractor to provide full Social Security numbers and last
known addresses, telephone numbers, and email addresses to
the prime contractor for its own records, without weekly
submission by the subcontractor to the contracting agency.
(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the
contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must
certify the following:
(i) That the certified payroll for the payroll period contains
the information required to be provided under paragraph 3.b.
of this section, the appropriate information and basic records
are being maintained under paragraph 3.a. of this section,
and such information and records are correct and complete;
(ii) That each laborer or mechanic (including each helper
and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination
incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse
side of Optional Form WH–347 will satisfy the requirement for
submission of the “Statement of Compliance” required by
paragraph 3.b.(3) of this section.
7
(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent
must be an original handwritten signature or a legally valid
electronic signature.
(6) Falsification. The falsification of any of the above
certifications may subject the contractor or subcontractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31
U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or
subcontractor must preserve all certified payrolls during the
course of the work and for a period of 3 years after all the work
on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or
subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve
these contracts, subcontracts, and related documents during
the course of the work and for a period of 3 years after all the
work on the prime contract is completed.
d. Required disclosures and access (1) Required record disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other
documents that the contracting agency, the State DOT, the
FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on
the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to
submit the required records or to make them available, or
refuses to permit worker interviews during working hours on
the job, the Federal agency may, after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs
such workers, take such action as may be necessary to cause
the suspension of any further payment, advance, or guarantee
of funds. Furthermore, failure to submit the required records
upon request or to make such records available, or to permit
worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition,
any contractor or other person that fails to submit the required
records or make those records available to WHD within the
time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative
proceeding under 29 CFR part 6 any of the required records
that were not provided or made available to WHD. WHD will
take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other
things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number
and last known address, telephone number, and email address
of each covered worker, and must provide them upon request
to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or other compliance
action.
4. Apprentices and equal employment opportunity (29 CFR
5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted
to work at less than the predetermined rate for the work they
perform when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship (OA), or with a State
Apprenticeship Agency recognized by the OA. A person who is
not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an
apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90
days of probationary employment as an apprentice in such a
program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits
in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to
journeyworkers on the job site in any craft classification must
not be greater than the ratio permitted to the contractor as to
the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph
4.a.(4) of this section. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph 4.a.(1) of this section, must
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in
excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor
is performing construction on a project in a locality other than
the locality in which its program is registered, the ratios and
wage rates (expressed in percentages of the journeyworker's
hourly rate) applicable within the locality in which the
construction is being performed must be observed. If there is
no applicable ratio or wage rate for the locality of the project,
the ratio and wage rate specified in the contractor's registered
program must be observed.
b. Equal employment opportunity. The use of apprentices
and journeyworkers under this part must be in conformity with
8
the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeyworkers shall not be
greater than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor must insert
FHWA-1273 in any subcontracts, along with the applicable
wage determination(s) and such other clauses or contract
modifications as the contracting agency may by appropriate
instructions require, and a clause requiring the subcontractors
to include these clauses and wage determination(s) in any
lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In
the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest
from the date of the underpayment or loss, due to any workers
of lower-tier subcontractors, and may be subject to debarment,
as appropriate. 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility. a. By entering into this contract,
the contractor certifies that neither it nor any person or firm
who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40
U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government contract by
virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in
the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.
11. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the DBA, Related
Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under the DBA, Related
Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the
DBA, Related Acts, this part, or 29 CFR part 1 or 3.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchpersons and
guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages and interest from the date of the underpayment.
In addition, such contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for
the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
9
mechanic, including watchpersons and guards, employed in
violation of the clause set forth in paragraph 1. of this section,
in the sum currently provided in 29 CFR 5.5(b)(2)* for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may
be adjusted annually by the Department of Labor, pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990.
3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of
Labor, withhold or cause to be withheld from the contractor so
much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime
contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages
required by the clauses set forth in this section on this
contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract subject to
the Contract Work Hours and Safety Standards Act that is held
by the same prime contractor (as defined in § 5.2). The
necessary funds may be withheld from the contractor under
this contract, any other Federal contract with the same prime
contractor, or any other federally assisted contract that is
subject to the Contract Work Hours and Safety Standards Act
and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the
same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.
b. Priority to withheld funds. The Department has priority to
funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over
claims to those funds by:
(1) A contractor's surety(ies), including without limitation
performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S.
trustee, or both) in bankruptcy of a contractor, or a contractor's
bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.
4. Subcontracts. The contractor or subcontractor must insert
in any subcontracts the clauses set forth in paragraphs 1.
through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1. through 5. In the
event of any violations of these clauses, the prime contractor
and any subcontractor(s) responsible will be liable for any
unpaid wages and monetary relief, including interest from the
date of the underpayment or loss, due to any workers of lower-
tier subcontractors, and associated liquidated damages and
may be subject to debarment, as appropriate.
5. Anti-retaliation. It is unlawful for any person to discharge,
demote, intimidate, threaten, restrain, coerce, blacklist, harass,
or in any other manner discriminate against, or to cause any
person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate
against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker
reasonably believes constitutes a violation of the Contract
Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated
any proceeding, or otherwise asserting or seeking to assert on
behalf of themselves or others any right or protection under
CWHSSA or this part;
c. Cooperating in any investigation or other compliance
action, or testifying in any proceeding under CWHSSA or this
part; or
d. Informing any other person about their rights under
CWHSSA or this part.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
10
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
11
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.327.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.327.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
12
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
* * * * *
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
13
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
14
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
1. STORE AND HANDLE PAINT PRODUCTS IN COMPLIANCE WITH MANUFACTURER'S WRITTEN
INSTRUCTIONS AND RECOMMENDATIONS.
2. MAINTAIN ENVIRONMENTAL CONDITIONS (TEMPERATURE, HUMIDITY, AND VENTILATION)
WITHIN LIMITS RECOMMENDED BY MANUFACTURER FOR OPTIMUM RESULTS. DO NOT
INSTALL PRODUCTS UNDER ENVIRONMENTAL CONDITIONS OUTSIDE MANUFACTURER'S
RECOMMENDED LIMITS.
3. PROVIDE MANUFACTURER'S STANDARD LIMITED WARRANTY.
4. DO NOT BEGIN INSTALLATION UNTIL SUBSTRATES HAVE BEEN PROPERLY CONSTRUCTED
AND PREPARED.
5. PREPARE SURFACES USING THE METHODS RECOMMENDED BY THE MANUFACTURER FOR
ACHIEVING THE BEST RESULT FOR THE SUBSTRATE UNDER THE PROJECT CONDITIONS.
6. INSTALL IN ACCORDANCE WITH MANUFACTURER'S INSTRUCTIONS, APPROVED
SUBMITTALS AND IN PROPER RELATIONSHIP WITH ADJACENT CONSTRUCTION.
7. CLEAN PRODUCTS IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS.
8. TOUCH-UP, REPAIR OR REPLACE DAMAGED PRODUCTS BEFORE SUBSTANTIAL
COMPLETION.
9. PROVIDE MINIMUM TWO COATS OF ENAMEL TOP COAT OVER ONE COATE OF RUST
INHIBITIVE PROTECTIVE PRIMER
PAINT GENERAL NOTES
1. MASONRY CLEANERS SHALL BE IN ACCORDANCE WITH THE NATIONAL PARK SERVICE U.S.
DEPARTMENT OF THE INTERIOR RESOURCES PRESERVATION BRIEF 1, "THE CLEANING AND
WATERPROOF COATING OF MASONRY BUILDINGS" , AND PRESERVATION BREIF 6 "DANGERS
OF ABRASIVE CLEANING TO HISTORIC BUILDINGS" , AND IN COMPLIANCE WITH THE
GUIDELINES SET FORTH BY THE SECRETARY OF THE INTERIOR'S STANDARDS FOR
REHABILITATION.
2. DO NOT REMOVE PAINT WHEN THERE IS A POTENTIAL TO FREEZE FOR A MINIMUM OF 30
DAYS AFTER CLEANING.
3. A TEST AREA OF 12" X 12" IN AN INCONSPICUOUS AREA SHALL BE APPROVED BY THE
OWNER AND ARCHITECT PRIOR TO FURTHER COMPLETION OF PAINT REMOVAL.
4. PRIOR TO PAINT REMOVAL ENSURE ALL MORTAR JOINTS ARE SOUND AND THE BUILDING IS
WATERTIGHT
5. EACH METHOD SHALL CONSIDER TESTING REQUIREMENTS, ENVIRIONMENTAL
CONSIDERATIONS, AND SAFETY CONSIDERATIONS AS RECCOMENDED BY THE
MANUFACTURER.
6. UTILIZE LEAST INVASIVE METHOD FOR CLEANING:
• METHOD 1 - WATER WASH WITH LOW TO MEDIUM PRESSURE WATER (100 -300 PSI) -
SCRUB WITH NATURAL OR SYNTHETIC BRISTLE BRUSH. *NEVER USE METAL BRISTLE
BRUSH*
• METHOD 2 - WATER WASHING WITH DETERGENTS -WATER WASH WITH LOW TO
MEDIUM PRESSURE AND USE NON-IONCI DETERGENTS.
a. IGEPAL BY GAF
b. TERGITOL BY UNION CARBIDE
c. TRITON BY ROHM & HASS
d. OR SIMILAR PRODUCT
• METHOD 3 -STEAM / HOT PRESSURIZED WATER CLEANING AT LOW PRESSURE.
• METHOD 4 - CHEMICAL CLEANERS USING THE MANUFACTURER RECOMMENDED
APPLICATIONS, AND A WATER WASH TO FOLLOW. PROVIDE A TEST AREA FOR EACH
PRODUCT AND METHOD.
a. ALKALINE PAINT REMOVERS
b. ORGANIC SOLVENT PAINT REMOVERS
c. OR PRODUCT APPROVED FOR USE ON HISTORIC STRUCTURES
• METHOD 5 -ABRASIVE AND MECHANICAL CLEANING -GENERALLY NOT APPROPRIATE
FOR USE ON HISTORIC MASONRY BUILDINGS. FURTHER CONSUTATIONS WITH OWNER
AND ARCHITECT SHOULD BE CONDUCTED PRIOR TO ATTEMPTING THIS METHOD OF
PAINT REMOVAL.
MASONRY PAINT
REMOVAL NOTES
NON-STRUCTURAL STEEL
GENERAL NOTES
1. REFER TO STRUCTURAL DRAWINGS FOR STRUCTURAL STEEL NOTES AND SPECIFICATIONS.
2. NON-STRUCTURAL STEEL SHALL CONFORM TO THE FOLLOWING:
-ROLLED SHAPES -ASTM A572, GRADE 50.
3. ALL STEEL SHALL BE DETAILED, FABRICATED AND ERECTED IN ACCORDANCE TO THE -ASTM
A500, GRADE B WITH AISC ALLOWABLE STRESS DESIGN NINTH EDITION.
4. ALL BOLTED CONNECTIONS SHALL BE MADE WITH 3/4" A235 BOLTS. ALL BOLTED
CONNECTIONS SHALL BE DESIGNED AS BEARING -TYPE WITH THREADS INCLUDED IN SHEAR
PLANE.
5. ALL SHOP AND FIELD WELDS SHALL BE MADE WITH E70 ELECTRODES.
6. ALL STEEL SHALL BE PAINTED -SEE GENERAL PAINTING NOTES
PROJECT:
WALKER PARK
FIELDHOUSE
LOCATION:
2198 S. WALNUT ST.
SOUTH BEND, IN 46613
DATE:
PROJECT NO
REVISION DATE
NOTES:
DRAWN BY:
A0.0
COVER
03-16-2026
20-005
NH
WALKER PARK FIELDHOUSE
2198 S. WALNUT STREET, SOUTH BEND, IN
SCALE:2 SOUTH PERSPECTIVE
SCALE:1 NORTH PERSPECTIVE
SHEET LIST
A0.0 COVER
A2.1 FLOOR PLAN
A3.1 ELEVATIONS
A3.2 ELEVATIONS
PROJECT LOCATION MAP
PROJECT LOCATION
A3.1
1
A3.2 2
A3.1214' - 5"35' - 4"23' - 6"4' - 0"9' - 7"8' - 9"14' - 10"3' - 11"7' - 4"2' - 11"7' - 4"3' - 0"7' - 4"3' - 7"26' - 1"24' - 4"40' - 10"7' - 9"9' - 0"
ASSEMBLY HALL
800 S.F.14' - 4"7' - 5"10' - 0"5' - 4"
MEN'S
CHANGING ROOM
126 S.F.
MEN'S
TOILET ROOM
141 S.F.
STORAGE
59 S.F.
STORAGE
76 S.F.
WOMEN'S
TOILETROOM
143 S.F.
WOMEN'S
CHANGING ROOM
106 S.F.16' - 0"16' - 1"60' - 3"
COURTYARD & WADDING POOL
2088 S.F.
3
2
2
5
2 2 2 2
2 2 2 2 2
66
6
66
6
4
4 4
4
4
5555
5 5555
5 6
256
256256
2 56
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
3
6
7
7
8
8
8
8
NOT FOR CONSTRUCTION
PROJECT:
WALKER PARK
FIELDHOUSE
LOCATION:
2198 S. WALNUT ST.
SOUTH BEND, IN 46613
DATE:
PROJECT NO
REVISION DATE
NOTES:
DRAWN BY:
A2.1
FLOOR PLAN
03-16-2026
20-005
NH
SCALE:1/4" = 1'-0"1 Ground Level
PLAN KEYNOTES
1 NOT USED
2 INSTALL CONCRETE PIERS & PREP FOR STEEL ARCHWAYS - SEE STRUCTURAL.
3 COURTYARD STEEL ARCHWAY - SEE ARCHITECTURAL ELEVATIONS.
4 STEEL ARCHWAY AND GATES - SEE STRUCTURAL AND ARCHITECTURAL ELEVATIONS.
5 TUCK-POINT ARCHWAYS WHERE REQUIRED FOR ARCHWAY STABILIZATION.
6 REMOVE ALL GREEN PAINT FROM STONE AND MASONRY. NOTE WORK IS RQUIRED BEFORE INSTALLING STEEL
SUPPORTS - SEE PLAN NOTES.
7 EAST / WEST PAVILION WALL LINTELS REPLACEMENT & TUCK-POINTING.
8 NORTH / SOUTH PAVILION WALL EXISTING LINTELS CLEAN AND REPAINT.
GENERAL NOTE: ANY BRICK PAVERS REMOVED DURING PIER INSTALLATION SHALL BE STORED
FOR PHASE 2 IN THE COVERED PAVILION (RE-INSTALLATION NOT PART OF PHASE 1 PROJECT)
Ground Level
+0' -0"
Ground Level
+0' -0"
Roof Bearing+10' -10"Roof Bearing+10' -10"
Roof Height+19' -4"Roof Height+19' -4"
Ground Level
+0' -0"
Roof Bearing
+10' -10"
Roof Height+19' -4"
A3.1
4
STEEL PERIMETER BAR
CIRCLE LOCKING PLATE
*EXTERIOR*INTERIOR
PAD LOCK PLATE
Ground Level+0' -0"
7' - 4" V.I.F.1' - 0" V.I.F.7' - 3" V.I.F.PROJECT:
WALKER PARK
FIELDHOUSE
LOCATION:
2198 S. WALNUT ST.
SOUTH BEND, IN 46613
DATE:
PROJECT NO
REVISION DATE
NOTES:
DRAWN BY:
A3.1
ELEVATIONS
03-16-2026
20-005
NH
SCALE:1/4" = 1'-0"1 EAST ELEVATION
SCALE:1/4" = 1'-0"2 SOUTH ELEVATION
SCALE:3" = 1'-0"5 GATE LOCK DETAIL
SCALE:1/2" = 1'-0"4 PAVILION ARCHWAY GATE
LOCKING PLATE -
PROVIDE PAD LOCK
BRACKET ON INTERIOR
SIDE OF GATE -SEE
ENLARGED DETAIL
1/2" SOLID ROUND
BAR -INFILL
3/4" X 1 1/2"
SOLID RECTANGLE
BAR -PERIMETER
STEEL GATE HINGE
STEEL GATE HINGE
INSET 1/4" SOLID
PLATE STEEL AT
CORNERS (GREY
HATCHED SECTIONS)
INSET 1/4" SOLID PLATE
STEEL AT CORNERS
SCALE:3 PAVILION ARCHWAY 3D
Ground Level+0' -0"
Roof Bearing
+10' -10"
Roof Height
+19' -4"
A3.2
3
Ground Level
+0' -0"
Roof Bearing+10' -10"
Roof Height+19' -4"
Ground Level
+0' -0"
PAINTED STEEL ARCHWAY -SEE
STRUCTURAL DRAWINGS
PROJECT:
WALKER PARK
FIELDHOUSE
LOCATION:
2198 S. WALNUT ST.
SOUTH BEND, IN 46613
DATE:
PROJECT NO
REVISION DATE
NOTES:
DRAWN BY:
A3.2
ELEVATIONS
03-16-2026
20-005
NH
SCALE:1/4" = 1'-0"1 WEST ELEVATION
SCALE:1/4" = 1'-0"2 NORTH ELEVATION
SCALE:1/2" = 1'-0"3 COURTYARD ARCHWAY
SCALE:4 COURTYARD ARCHWAY -3D