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HomeMy WebLinkAboutOpening of Bids - 2019 Contract for Trucking of Belt Pressed Biosolids for Land Application - Trucks R Us IncBID/PROPOSAL1.4 �'' CITY OF SOUTH BEND M 2019 Contract for the Trucking of Belt Pressed Biosolids for Land BID NAME Ap lication FOR BIDS DUE Fe%ruary 12, 2019 Item Est. Qty. Item Unit Unit Price No. TBD Trucking of Belt Pressed Per Truck / 1 Biosolids for Land Application on call" pp Per Hour $ 114.00 Bidder (Firm): Trucks R Us, Inc Address: 23942 State Road 2 City/State/Zip; South Bend, IN 46619 Telephone Number: 574-340-8470 Fax Number: 574-232-3810 By (Signature) James F Burger (Printed Name) President ...................... (Title) BOARD OF PUBLIC WORKS Gary K,Gilot�.....President.... ......... .................... .....�... ............ ..._ Therese J. Dorau, Membe............_........... ........._....��....... �... Suzanna M. Fritzberg, Member Elizabeth A._Maradik, Member Laura O'Sullivan, Member Attest: Linda M. Martin, Clerk Ver. 13 — 6101115 CITY OF SOUTH BEND INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS: .4 µk Nk A 2019 Contract for the Trucking of Belt Pressed Biosolids for Land BID NAME Application w FOR BIDS DUE February 12 2019 Bidder Date: 04/2019, (Firm): Trucks R Us, Inc Address: 23942 State Road 2 _..._� . Telephone Nu � _.... City/State/Zip:South Bend, IN 46619 Telephone Number i 574 ) 340 8470 Agent of Bidder (if Applicable): James F Burger 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 I . SS: St Joseph 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 ofthis 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. Ver. 13 — 6101115 b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized 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, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not 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 may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against Ver. 13 — 6101115 said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). 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. Ver. 13 — 6101115 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. ......... day of ebrLIa! , 2019 Dated this.............t_._.....h _m.�..�...._. Subscribed and sworn to before me this 4th My Commission Expires 10/15/2024 County of Residence LaPorte Trucks R Us, Inc C(� r/Bidder (Firm) Si latanre; of Contractor/Bitider or Its Agent James F Burger - President Printed Name and Title day of February , n 2019. Notary Public - Kimberley R Johnson Ver. 13 — 6101115 Selective Tnsurance (;oti.-ipany of America. 40'vVantage Avenue Branchville, l cwjcr-scy 0"I890 B 1211520 973-948.:3000 BID BOND KNOW ALL MEN BY THESE PRESENTS: That Trucks R Us, Inc. 23942 State Road 2 South BEnd, IN 46619 (hereinafter called the Principal) as Principal, and the SELECTIVE INSURANCE COMPANY OF AMERICA, a corporation created and existing under the laws of the State of New Jersey, with its principal office in Branchville, New Jersey (hereinafter called the Surety), as Surety, are held and firmly bound unto City of South Bend, Board of Public Works 227 W. ,Jefferson St.,, Room 1316 South Bend, IN 46601 (hereinafter called the Obligee) in the full and just sum of 10% % Percent of the Total Bid Amount ( 10% % ), good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 4th day of February A.D. .2019. THE CONDITION OF THIS OBLIGATION IS SUCH, That,, if the Obligee shall make any award within 60 days to the Principal for Trucking of Belt Pressed Biosolids for Land application according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed. W ITN ES (If 11clivid �wal or ATTEST. (If Corporation) Trucks R Us, Inc. _._ (SEAL) 1 (*1 r Principal S11-1t1 IVI; INS'UI A ": ' ')M13 NY t'A' AMERICA By:. 1 Attorne i - y- n-Fact Gregory S. Miller 1*SELECTIVEO Selective Insurance Company of America 40 Wantage Avenue Branchville, New Jersey 07890 BondNo.B 1211520 973-948-3000 POWER OF ATTORNEY Public Bid SELECTIVE INSURANCE COMPANY OF AMERICA, a New Jersey corporation having its principal office at 40 Wantage Avenue, in Branchville, State of New Jersey ("SICA"), pursuant to Article V11, Section 1 of its By -Laws, which state in pertinent part: The Chairman of the Board, President, Chief Executive Officer, any Executive Vice President, any Senior Vice President or any Corporate Secretary may, from time to time, appoint attorneys in fact, and agents to act for and on behalf of the Corporation and they may give such appointee such authority, as his/her certificate of authority may prescribe, to sign with the Corporation's name and seal with the Corporation's seal, bonds, recognizances, contracts of indemnity and other writings obligatory in the nature of a bond, recognizance or conditional undertaking, and any of said Officers may, at any time, remove any such appointee and revoke the power and authority given him/her. does hereby appoint Gregory S. Miller , its true and lawful attorney(s)-in-fact, full authority to execute on SICA's behalf fidelity and surety bonds or undertakings and other documents of a similar character issued by SICA in the course of its business, and to bind SICA thereby as fully as if such instruments had been duly executed by SICA's regularly elected officers at its principal office, in amounts or penalties not exceeding the sum of: $50,000.00 Signed this 4th day of February 2019 SELECTIVE INSURANCE COMPANY OF ANI[II`" 1 Brian C. Sarisky Its SVP, Strategic Business Units, Commer&:y I f STATE OF NEW JERSEY: . U:ss. Branchville COUNTY OF SUSSEX On this (la of Iar°arrrr°� 2019 b0bre MC, the urtder�sigrred officer, personally appeared II&ew�t��,C yr �l�isk}, who tId y 1^"e acknowledged IrrrnselfIo be the Sr. Vice President o'fSIL A, and that he, as srsc11 Sr. Vice Presklent, benwlto �p r cto. executed the for°egOing insttrumcnt for the purposes therein contained, by signing the name ofthe cttl tl6011 by ft I as Sr. Vice President and that the stone w<rw his free act and deed al" the free aet and dared crt SJCA. r lme Kimbie Notary Public of Now Jormy y CiVl mi won Expim 6WO 1 Notary Public The power of attorney is sighted and sealed by facsimile under an(] by the aul�hority of the followirng ftesolutr IJ'latlt'l lt,�,l by the Board of Directors of SICA at a meeting, duly called and held on the 61h of"I°ebruary 1987, to wit: "RESOLVED, the Board of Directors of Selective Insurance Company of America authorizes and approves the use of a facsimile corporate seal, facsimile signatures of corporate officers and notarial acknowledgements thereof on powers of attorney for the execution of bonds, recognizances, contracts of indemnity and other writing obligatory in the nature of a bond, recognizance or conditional undertaking." CERTIFICAT[ON� O I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By -Laws and Rcst.,)) f � force and effect and this Power of Attorney issued pursuant to and in accordance with the By -Laws is val` - + SEAL Signed this 4th day of February 2019. i,a �4 92 �l � � .19�, 44 I H. Lanza, SICA Important Notice: If the bond number embedded within the Notary Seal does not match the number in the upper 1391 (4-14) right-hand corner of this Power of Attorney, contact us at 973-948-3000. (To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to I.C. 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business" refers to any of the following: (1) A business whose principal place of business is located in an affected county. (2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. (3) A business that employs residents of affected counties as a majority of its employees. (4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision. (5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules adopted by the political subdivision. An "affected county" refers to St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph County: Elkhart County, Marshall County, Starke County and LaPorte County There are the following price preferences for supplies purchased from a local Indiana business: • 5% for a purchase expected by the purchasing agency to be less than $50, 000 • 3% for a purchase expected by the purchasing agency to beat least $50, 000 but less than $100, 000, • 1 % for a purchase expected by the purchasing agency to beat least $100, 000. Date: 02/04/2019 Pursuant to I.C. 36-1-12-22, Trucks R Us, Inc claims a local Indiana business preference for Project Belt Pressed Biosolids for Land Application (Project # ) located within the City of South Bend, St. Joseph County, Indiana. ❑ The location of the principal place of business is 23942 State Road 2, South Bend, IN 46619 (Address) X St. Joseph County, Indiana ❑ The following county located adjacent to St. Joseph County, Indiana: The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St. Joseph County, Indiana or the adjacent county noted above. X The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted above. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS. Dated this 4th day of February 2019. Trucks R Us, Inc " fira for/Bidder (Firm..................................................................._- .._w-. f. Si attire of Contractor/Bidder or Its Agent James F Burger- President Printd N..........._.............. eame and Title Ver. 13 — 6101115 µs'kit, ➢'UU SPECIFICATIONS plug CITY OF SOUTH BEND 2019 Contract for the Trucking of Belt Pressed Biosolids for BID NAME Land Application FOR BIDS DUE February 12, 2019 Pursuant to notices given, the undersigned offers bid(s) to the C Ity of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. GENERAL CONDITIONS It is the City of South Bend intent of these specifications to describe a request for bids for trucking and hauling services required by the City of South Bend. Between one (1) and ten (10) trucks shall be required per day at various dates throughout the 2019 calendar year. The trucks and drivers supplied by the bidder will be used to haul belt pressed, wastewater biosolids from the City's Organic Resources Facility, 4340 Trade Drive, South Bend, Indiana 46628 to various sites within a fifty (50) mile radius of the Organic Resources Facility. Since the trucking will take place as field and crop conditions become ready, it is impossible to anticipate the exact dates when the trucking services will be required. The number of trucks contracted per day will vary based upon the amount of hauling required. This determination will be made by the Superintendent of the Organic Resources Facility. The wastewater biosolids to be transported have between twelve (12) percent and forty (40) percent solids content. All trucks will be loaded by an employee of the Organic Resources Facility. The trucks will be required to travel to a specific location (to be determined) and unload the biosolids in a designated area. Each driver will be supplied with paperwork and instructions that will need to be filled out accordingly for proper record of delivery. TRUCK / VEHICLE REQUIREMENTS The trucks shall have a minimum load capacity of fifteen (15) cubic yards each. Tri-axle or Quad -axle vehicles are the preferred type of trucks for this contract. It shall be the contractor's responsibility to prevent any spillage of biosolids due to tailgate failure. Two (2) mechanical locking devices, standard and mechanical, shall be used as a safety measure. Trucks shall be equipped with a tarpaulin to cover the bed of the truck. Each truck shall cover its truck bed with the tarpaulin prior to leaving the Organic Resource Facility. It shall also be the contractor's responsibility to shovel off tailgate aprons, if needed, and to keep the truck tires reasonably clean to prevent spillage on road surfaces. The successful bidder will be required to have all transport vehicles inspected by the City of South Bend Organic Resources Superintendent at the Organic Resources Facility and schedule an appointment to have their fleet inspected prior to work. Vehicles that do not meet the minimum requirements for biosolids transport may not be used. The City of South Bend may terminate a contract if the successful bidder fails to provide adequate transportation equipment. All drivers, fuel, supplies, and maintenance of the vehicle related to the hauling shall be provided by the contractor and the costs of these items shall be incorporated into the bid price. Fuel surcharges will not be accepted. Eight (8) trucks are normally used per day for hauling biosolids. Occasionally, fewer trucks may be contracted for shorter hauls and more for longer hauls. TVer. 13 — 6101115 III.. TRUCKING / HAULING PERIODS It shall be the responsibility of the Superintendent of the Organic Resources Facility to determine the schedule and duration for land application activities. Normal working hours for hauling will be from 6:00 A.M. to 6:00 P.M. Local Time. A minimum of twelve (12) hours advance notice will be given by the Superintendent of the Organic Resources Facility to the successful bidder each time that hauling is required. The number of days per month hauling takes place will be dependent on field conditions, weather, and customer demand for the City's biosolids product. The Superintendent of the Organic Resources Facility will notify the successful bidder of all schedule changes. Should inclement weather become a factor prior to the start of land application activities or during land application activities, the Superintendent shall be responsible for notifying the Contractor of any changes in schedule due to weather. Inclement weather and changing field conditions may factor into the number of hours worked per truck on a given day. The City desires to maintain a continuous land application operation when weather and field conditions are favorable to place biosolids. IV.. BASIS FOR BIDDING All bids shall be stated on a "per truck, per hour" basis for work performed Mondays through Sundays. Trip time originates and ends at the Organic Resources Facility. Please include bid price on the Bid Form. This bid is a unit price bid and bids shall be evaluated on the basis of lowest, responsive, responsible bidder. V. BID BOND REQUIREMENT All bidders shall provide a Bid Bond or Certified Check in the amount of $5,000.00 with the submission of their unit price bid. A refund of the bid security will be issued upon satisfaction of Bid Award. VI. SUBCONTRACTORS Subcontractors may not be utilized on the project without prior approval from the City Purchasing and Public Works Departments. If the bidder intends to use subcontractors to assist with hauling biosolids, the bidder shall supply a list of subcontractor trucking companies that it plans to employ. Use of disadvantaged business enterprises, such as minority business enterprise (MBE) orwomen's business enterprise (WBE) is encouraged. If the City approves the use of subcontractors, sufficient proof of insurance shall be submitted by all subcontractors. Truck inspections shall be required, as noted above, prior to beginning work. Refer to other sections in the Specifications for insurance requirements. VII. TRUCK DELIVERY RECORDS The Contractor shall provide truck delivery trip tickets each day for each truck. The tickets shall be used to record hours worked and the number of loads hauled by each truck. The trip tickets shall be signed at the end of each day by the driver of the truck and the Superintendent of the Organic Resources Facility or an authorized representative of the Organic Resources Facility. Since record keeping is required, it is imperative that accurate and correct records are recorded every day that land application activities occur. [per. 13 -. 6101115 VIII. BILLING PROCEDURES The Contractor shall send all invoices to the Superintendent of the Organic Resources Facility at 4340 Trade Drive, South Bend, Indiana 46628 at the end of each month in which land application activities occur. The Superintendent shall review the pay application for completeness and forward information to the City Purchasing Department for processing payment(s). The Contractor shall submit a copy of all Truck Delivery Records from the month of hauling with the pay application for City records. IX. LIABILITY / INSURANCE REQUIREMENTS All Contractors and subcontractors doing business with the City of South Bend shall present a Certificate of Insurance showing coverage in the following minimum amounts: a. General Liability: Premises -Completed Operations or Products and Bodily Injury Combined Single Limit — $5,000,000 or $750,000 per person. Property Damage Combined Single Limit - $6,000,000 or $1,000,000 per occurrence. 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— $5,000,000 or $1,000,000 per occurrence. e. The City of South Bend shall be named as additional insured on the Certificate. The Contractor shall be responsible for complying with all laws and limitations set forth by the Indiana Department of Motor Vehicles relative to the condition and operation of the trucks, including loaded weight. All truck drivers employed by the contractor shall be licensed to operate the trucks used for transporting biosolids through the duration of the project. It shall be the Contractor's responsibility for any damage to public or private property caused by accidental spillage of the biosolids after the biosolids have been deposited into the Contractor's trucks. The award of the contract pursuant to these specifications is subject to the Contractor's agreement to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from any and all claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the performance of this contract by the Contractor. X. BIOSOLIDS SPILLS The Contractor is responsible for providing trucks sufficient for the transport of biosolids materials as mentioned in Article II. Truck / Vehicle Requirements. The Contractor or truck driver(s) shall immediately contact the Superintendent of the Organic Resources Facility in the event of a spill. The Contractor shall be responsible for the clean-up and removal of all biosolids spills and any damage to public or private property caused while transporting biosolids materials from the Organic Resources Facility to the identified land application site(s). The City of South Bend reserves the right to terminate the contract in the event that the Contractor is determined to be non -responsive to cleaning up an identified spill or negligent by failing to report a spill. The Contractor shall be responsible for reimbursing the City of South Bend for all costs associated with efforts to clean-up spills resulting from the Contractor, Subcontractors, or its agents. Tier°.13 6101115 XI. MISCELLANEOUS PROVISIONS The City of South Bend, upon recommendation by the Director of Utilities or the City's designated Project Representative, reserves the right to terminate the contract in the event of non-compliance or unsatisfactory performance of the Contractor. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involving a Party's personnel); a change in Federal, State, or local law or ordinance; orders or judgments of any Federal, State, or local court, administrative agency or governmental body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due to inadequate maintenance thereof); and acts of God. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party's reasonable control: (i) reasonably anticipated weather conditions normal for the region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the other Party of the circumstances, the basis for applicability of this Section and the time required to cure such breach or delay. Contractor shall promptly provide notice of the need, if any, for additional compensation or for renegotiation of terms in order to mitigate the effects of such event or to comply with a change in law or regulation or interpretation thereof. Contractor shall be entitled to additional time and compensation if such event delays performance into a season different from that assumed when this Agreement was executed. Contractor and the City shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. The tender of a bid to the Board of Public Works of the City of South Bend on the basis of these specifications constitutes an agreement and an acceptance of all of the terms and requirements of the said specifications. Tier. 13 — 0101115 P ID:CH_ m_ CERTIFICATE OF LIABILITY ISMSURACE DATE(MM/D°/YYYY) 02/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER R.S. Mier &Sons, Inc. ll P.O. Box 229 P U, CIC NAI`"Gregory, 574 546-3341 ac N�; 574 546 2687 — 109 W. Plymouth Street y EMAIL ADDRES,S Gregory S. Miller, CPCU CIC 9 ry PRoackiµTRUCK-1 .R U ER _ _ INSURER(SI AFFORDING COVERAGE NAIC # ...... .u..... INSURED Trucks R Us, Inc. _.----- , ..._.. INSURER A: West Bend Mutual Insurance 15350 Lake Effect Excavating, Inc Lake Effect Snow Removal.........._ INSURERB: ........................................ Lake Effect Auto Sales INSURER C : 23300 State Road 23 iNsuRER D South Bend, IN 46614 INSURERE: -------- INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .�....,.,m...,..._.,..._.,....._....�.____._...._....._.� INSR LTR TYPE OF INSURANCE SC/ _..._........................._,_.-. POLICY NUMBER ...... POLICY EFF ....n..... MMIDDPYYYY' POmL�'C E1CP MWDD YYY �. .... .. LIMITS .................. ... .,�. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY 1�040137 07/05/2018 07/05/2019 MT �R�FMIS ",� (�A �rurrLoo9r9J !--- _ ��*00 CLAIMS -MADE X. OCC—U--R- MED one parson I $ 5,00 PERSON?AL&ADV INJURY ...._..... $ 1,000,00 .._. _ _. -- GENERALAGGREGATE $ 2,000,00_ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG 'S w 2+0 0g00 POLICY X PRO FI LOCIECI $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,0,00 00 e„ (Ea accident) (Ea accident) t) A X ANY AUTO A040137 0710512018 07/05/2019 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS � ' (PROPERTY PER ACCIDENT) HIRED AUTOS NON -OWNED AUTOS -- -- $ UMBRELLA LIAR EACH OCCURRENCE .,— $ 2,000,000 _ ......_.0 A 1?!J10CCUR CV.AIMS MAD} __ EXCESS uA6 _ A040137 07/05/2018 07/05/2019 -AGGREGATE DEDUCTIBLE $ X RETENTION $ 10,000 X Lwc 57A I U• OTH= $ WORKERS COMPENSATION t.I�i�M�lf!�9ii A AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERPEXECUTWE Y❑ EXCLUDED N / A A040149 071U5/2018 07/05/2019 E.L. EACH A4LtlDEN500,000_ T .. _ $ 50000.. oFFICERIluIEMBER E L DISEASE EA E''MPLOYkF $ w (Mandatory in NH) If yas, describe render ^^^ __. -POLICY LIMIT _ 500 a010 A DC:Sk,RIPTIGJN or O Motor Truck Ca�Wnw A040137 07/0512018 07105/2019 gASE MTCa r o 100,00 ded 1 ,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CITYSB1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of South Bend Board of Public Works '.. AUTHORIZED REPRESENTATIVE 227 W. Jefferson Ste. 1316 Gregory S. Miller, CPCU„CIC South Bend, IN 46634 r A. - t t 11�, ©1y8-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD