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HomeMy WebLinkAboutOpen Market Contract - Klink Trucking Inc - 2019 Street and Sewer Dept Materials1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND. 1NDIANA 46601-1930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS June 25, 2019 Anthony Winters Klink Trucking Inc. PO Box 428 Ashley, IN 46705 RE: Open Market Contract Dear Mr. Winters: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on June 25, 2019, approved the above referenced contract for the 2019 Street and Sewer Department Materials, Item Nos. C-1 and C-3 in unit prices. Enclosed please find a copy of the agreement for your records. A representative from the Engineering department will be in contact with you. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Linda M. Martin, Clerk Board of Public Works FROM: Scott Kreeger, Project Engineer SUBJECT: Award Project No. 119-008R 2019 Streets and Sewer Department Materials DATE: June 18, 2019 �mwnmuwa�w�irrorwam,"m^ma�wa�rr,�awanwsaoear�tm�aw�w-rvm�.rvun�nr�umema�mr�wmumrwnmmniriam�,u�mia�simnsou�w¢*uuv�r v,.�u�"nraoorw,wrcrewn u�anw�nve�mmx�rvv+uuu�wwwmm�mmmM;wt�anw�aro�a%�wa�om ew�u��Muom.�:�Nuuwwuioiuniwmw� wws;�u�mrvmx.�rmu�w wnaw uRmm�!�wimwmi�wurresu�rw.iu�w�opw On June 11, 2019, the Board of Public Works opened the rebid for the 2019 Street and Sewer Department Materials specifically for the materials No. 23 Sand and No. 53 Recycled Concrete; however, no bids were received. The Division of Engineering proceeded to the Open Market. Klink Trucking provided the lowest unit price for the material including the delivery cost as shown below. Item....................... _� No. Description Quantity Unit Unit Price m Item Tot, .,...... A...,. al DIVISION C -AGGREGATE MATERIALS C-1....w No. 23 Sand �5,000 TON $- 10.50 $52,500.00 00 C 3 No. 53 Recycled Concrete �...7,500TON $ 14.25 ............. $106,8 75 5..._ Engineering recommends award of a contract for 2019 Streets and Sewer De artment Materials to Klink Trucking in the amount following amount: Sufficient funds have been appropriated from Streets, Curb & Sidewalk, Sewer Concrete, Sewer Ins, Water Works, Parks, 202-0607-431.22-24, .22-30, .22-40, .23-02, .23-03, 23-20, 23-40, .39- 89, 641-0621-792.22-24, .23-02, .23-03, .23-04, 202-0619-431.23-03, .23-24, 641-0625-792.22- 24, .23-04, 640-0620-811.22-24, .23-04, 620-0640-606.23-30, 201-1101-452.39-89 (Proj Code K61 RMT). Please call with your questions (9245). Enc. Bid Tabulation 0�wt11`I� trM BID/PROPOSAL"*.I, CITY OF SOUTH BEND 1965 BID NAME 2019 Street and Sewer Department Materials FOR BIDS DUE June 11, 2019, 9:30 a.m., Local Time DIVISION C - AGGREGATE MATERIALS Item No. ...,-Description Quantitr Unit Unit Price Total C-1 No. 23 Sand 5000 TON $10.50 $ 52,500.00 ........._. C-3 No. 53 Recycled Concrete 7500 TON $14.25 $ 106,875.00 Bidder Name:. Kl' acl'cin Bidder (Firm): Klink Truckin Inc Address: PO Box 428 City/State/Zip: Ashley, IN 46705 Telephone Number: 260-587-9113 Fax Number: 260-587-3237 BO Rai OF PUBLIC C1S Gary A. Gild,President Suzanna M. Fritzberg, Member Laura O'Sullivan, Member By (Signature) Anthony Wh ers (Printed Name) w Vice President (Title) � Elizabeth A. araclik, Member �I "1" erese J. . ,:tau, utt leer Attest: Linda M. Martin, Clerk CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2019 Street and Sewer Department Materials Project No. 119-008R May 2019 Prepared for CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Department of Public Works Division of Engineering No. 60016991 " STATE OF Roger T. Nawrot %""«.�N�iP,.•' Registered Professional Engineer State of Indiana No. 60016991 � � P1P11'Yp$41 i0 FOR BIDS DUE: 9:30 a.m., June 11, 2019 NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, will receive sealed bids at the Office of the Board of Public Works, Ste. 1316, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, until the hour of 9:30 a.m. Local Time, on June 11, 2019, for the following: 2019 Street and Sewer Department Materials Project No. 119-008R Specifications are available for download by visiting the City of South Bend's web page at wwwv. so La th be n d i n, o ov: X Click on "I'm Looking For" X Click on "Doing Business in South Bend" X Click on "City Contracts — Invitations to Bid" X Click on the "Required Link" to register your company. You must register to receive addenda and updates to the specific bid you are interested in. Failure to do so could render your bid non -responsive to the specifications. There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, Ste. 1316, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Bids received after 9:30 a.m., Local Time, on June 11, 2019, will be returned unopened. Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. Certified Check or Bid Bond in the amount of not less than 10% must be submitted with the bid. A refund of the bid security will be issued upon satisfaction of Bid Award. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interest of the City of South Bend. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two times: May 24, 2019 May 31, 2019 0712412018 t` CITY OF SOUTH BEND INDIANA �M SELLER'S BID FOR SALE OR LEASE OF MATERIALS AND NON -COLLUSION AND NON DEBARMENT AFFIDAVIT AND NON-DISCRIMII NATION COMMITMENT FOR SELLERS BID NAME 2019 Street and Sewer De artment Materials FOR BIDS DUE June 11 2019, 9:30 a.m., Local Time Bidder Date: 6/7/2019 (Firm): Klink Trucking Inc Address: PO Box 428 City/State/Zip: Ashley, IN 46705 Telephone Number: ( 260 1 587-9113 Agent of Bidder (if Applicable): 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 Indiana ) ) SS: Steuben COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i, Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized 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 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. 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 7th day of June , 2019 Subscribed and sworn to before me this 7th My Commission Expires m 1 /1/2024 County of Residence Klink Trucking Inc Contractor/Bidder (Firs Signature of Con mm Mtor/Bidder or Its Agent Anthony Winters, Vice President Printed Name and Title day of_ JurIc .20 19 Not ry Public I i lIerwl w Smith Dekalb IQmberly Smith Notary Public, State of Indiana SEAL County of DeKmi,- My Commission Expires: (To be completed only by ContraclorsBidders 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 &&v than $50,000 • 3% for a purchase expected by the purchasing agency to beat least $50, 000 but less than $100, 000. 1 %„fir-t• a a c lo�cts°� c se wd c����e at least ,i100„ 000. Date: June 7, 2019 Pursuant to I.C. 5-22-15-20.9, Kfink Trucking Inc claims a local Indiana business preference for Project mm �� m �a g . � (Project # 119-008g ) located within the City of South Bend, St. Joseph County, Indiana. The location of the principal place of business is 425 S 23, )uth I�c� � 1'_N 66 1 4, m mmmmm w (Address) 0 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. ❑ 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 SECURITYNUMBERS. Dated this wwww7th day of ,June„ 20 19 Klink Truckin mmInc Coa�r - �_or71B_`der_(Firji Signature of Contra or/bidder- or Its Agent m Anthony 1"int rs, Vice President Printed Name and Title SPECIFICATIONS CITY OF SOUTH BEND BID NAME 2019 Street and Sewer Department Materials FOR BIDS DUE June 11, 2019, 9:30 a.m., Local Time Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. PROJECT DESCRIPTION This project includes the furnishing of materials of No. 23 Sand and No. 53 Recycled Concrete to be used by the Street Department, Sewer Department, and other City of South Bend agencies for the year 2019 and the first part of the year 2020. All prices will remain in effect until April 30, 2020. All items will be awarded per unit prices and the quantities shown for each item are approximate quantities only. Actual quantities purchased may be greater or less than the quantities shown on the bid tab. The bid shall be awarded in its entirety. The contract(s) pursuant to these specifications shall be awarded to the lowest responsible and responsive vendor. PREVAILING SPECIFICATIONS AND DESIGN & CONSTRUCTION STANDARDS The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN & CONSTRUCTION STANDARDS, most recent version, are to be used on this project. Each Bid provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION STANDARDS prior to submitting a Bid. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the 2018 INDOT Standard Specifications for the letting effective after September 1, 2017. 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. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern. III. CONTROL OF WORK A. Prevailing Specification s/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. IV. DEFAULT AND TERMINATION A. Prevailing Specifications/INDOT Standard Specifications Section: 108 V. VI. B. Additions: The obligation to perform under the terms of this Agreement may be terminated by an official of the Department of Public Works, with approval from the Board of Public Works, with or without cause, upon fourteen (14) calendar days written notice to the Contractor. This Agreement may be terminated by Contractor upon fourteen (14) calendar days written notice to the Department of Public Works in the event of substantial failure of Public Works employees and agents to perform in accordance with the terms hereof. If an official of the Public Works Department terminates the Contract for any cause, it shall deduct from whatever is owed from the Contractor on the Contact or any other contract, any amount sufficient to compensate the City of South Bend for any damages suffered by it, including but not limited to, the cost difference in the materials between the primary and secondary bidder because of the Contractor's wrongdoing. A. Prevailing Specifications/INDOT Standard Specifications Section: 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. 2. There will be NO Retainage. 3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for all items. CORRECTIVE ACTIONIDAMAGE S A. Prevailing Specifications: None B. Additions: Failure to deliver materials within NINETY (90) minutes time of scheduled delivery will result in damages charged to the supplier in the amount of time plus expenses plus overhead charged. 2. Should a supplier of the materials become overbooked for deliveries one or more days of a week that supplier shall notify the City's representative ordering the material at least TWO (2) working days in advance. In the event the initial test results indicate a failure, the contractor will immediately contact the independent testing agency in order to complete the confirmation testing. The receipt of the test report indicating the failure in the mix will immediately trigger the corrective action/damages process. The Contractor will be considered placed on notice upon receipt of the testing report from the independent laboratory. If a back-up sample was not taken nor if there is not enough of the original sample to complete confirmation testing, the original test will be binding. There will be no coring of placed materials for confirmation testing. The contractor is solely responsible for making any and all corrections to the material mix in order to meet the requirements in the mix design. 4. The corrective action/damages are set forth as follows: a. The damages will be for all of the specific mix design/material delivered on the day the sample was taken. b. Damages are progressive for each specific mix design. The material costs for the day the sample was taken will be reduced by the following percentages First test failure — 10% reduction of actual material cost. Second test failure — 20% reduction of actual material cost. i'i. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost. 5. The City of South Bend reserves the right to accelerate the corrective action/damages procedure or to require the contractor, at his expense, to remove and replace the material in the event the failure in the material delivered may cause physical or property damage to the public. 6. The parties recognize that time is of the essence in regard to this Contract and that City will suffer financial loss if the equipment, supplies, services are not delivered within the times specified on the Contract. a. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the date specified in the Contract, City shall use the bid bond or certified check of bidder as liquidated damages b. Should the Contractor fail to provide or perform the equipment, supplies, services and/or other obligations pursuant to the Contract, and should the City then elect to bid a new project that will replace the Contract, any bid for the project from Contractor will be considered only if Contractor can demonstrate the ability to deliver and perform the equipment, supplies, services and/or other obligations in a timely fashion. c. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the time specified in the Contract, City shall award all or part of the material to the next lowest bidder. VII. DELIVERY A. Prevailing specifications/INDOT Standard Specification Section: None B. Additions: 1. All items shown in the specifications shall be delivered to the Bureau of Streets at 731 South Lafayette or to other sites within the City of South Bend designated by the City's representative ordering the material. Delivery dates shall include weekends and holidays as designated by the representative ordering the material. 2. Each load of loose materials must be fully tarped or covered from origin to the point of delivery to minimize loss from blowing and change of moisture content. 3. Duplicate weight tickets will be provided for each load. Each ticket will bear a serial number, increasing in number with each load. No ticket number shall ever repeat. IX. DIVISION G; AGGREGATE E MATERIALS A. Prevailing specifications/INDOT Standard Specification Section: 301, 302, 303, 621, 904, 914 B. Additions: 1. The requirements for No. 23 Slag Sand Mix are as follows: Sieve Size Percent Passin q/ en 3/8 ___........,......_ 100% No. 4 80-100% No. 8 60-90% No. 16 40-65% No. 30 25-40% No. 50 10-30% No. 100 5-20% No 200..._..... 0-10% 2. Topsoil must be screened and free of foreign debris. 3. Topsoil will be tested for PH level. 4. Delivery costs shall be included in the unit price for all materials. 5. Payment shall be made at the Unit Price as specified in the proposal as follows: No. 23 Sand ............... TON No. 53 Recycled Concrete ......... TON CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS a 0865 BID FORMS AND EXECUTION A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do so will be at the Bidder's risk. B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required. C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership or joint venture, the name and post office address of each member of the partnership or joint venture must be shown. If made by a corporation, the Proposal must be signed by an officer of the corporation or by a representative duly authorized by the corporation to execute the Proposal in its behalf. 2. SEALED BIDS ONLY A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed envelope marked on the outside with the general classification of material bids, i.e. "Bid for Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies." B. When samples are required, such samples shall be delivered or shipped at the bidder's expense to the address specified in the Invitation to Bid. Samples must be shipped separately from bid documents and labeled clearly with the Bidder's name, address and the commodity or equipment classifications and documents, the item (and item number, if any), and Material Safety Data Sheets (if applicable). All samples must be representative of the commodities or equipment which will be supplied by the successful Bidder. All samples will become the property of the City of South Bend and none will be returned, unless otherwise stated in the Specifications. C. In the event of an inconsistency between provisions of the contract documents, the inconsistency shall be resolved by giving precedence in the following order: 1 ORDER OF PRECEDENCE K Bid Form attached Proposal B. Amendments to Specifications C. Specifications D. Special Provision E. Instructions to Bidders F. Notice to Bidders 4. DELIVERY OF BIDS A. Bids must be delivered to the Office of the Board of Public Works, 1311 Floor, County -City Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235- 9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally, the sealed envelope containing the Bid must be mailed to the following address: City of South Bend Clerk of the Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The City will not be responsible for deliveries. Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a se orate sealed envelope, with the envelopeclearly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. ADDENDA — NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES INCOMPLETE BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 10. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 11. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13, AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 15. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. M SOURCE OF SUPPLY A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub- contractors must be identified. 19, PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 20. INSPECTION OF GOODS A. The City of South Bend reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, may be given at any time within one year after discovery of the defects. B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. D. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code. 21, ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest in the Contract without the consent, in writing, of the City. 22. CANCELLATION A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct on the part of the Contractor. 21 DEDUCTION OF DAMAGES A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 24. METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 25, OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend. 26. ESTIMATED QUANTITIES A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 27, TERM "OR EQUAL" A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the Specifications. 28, INDEMNIFICATION CLAUSE A. The 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 the Bidder or because or arising out of any defect in the goods, materials or equipment supplied by the Bidder. NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening time and date. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date June 180:1 9 Department Public Name Scott Kreeer _ Works BPW Date June 25 2019 Phone Extension 9245 �Nfl'WklW!!�F@MIM�P'IMI911 i i ��,V,W,IWIH�Kr� m¢��b;.... N01 1l1 � 1?ID VI?tlVG%ftft�LflAIMM��Wi�//lam �. ...w.... .—,.,....... �.�..,....�.,.�.�.. ,m....... �,�,�,�...... ......._.._.n......,,�..,mm ........�...,.w...... _ required Prior to Submittal to Board__ ~ BPW Attorney......._._..__. Attorney Name Clara McDaniel ® Y s Dept. Attorney Attorney Name Purchasing Z Michael Schmidt, _..m__....W__ _.. Check Agreement o .state Item Type, qu .. _ ir ed r All Submissions LJ ProfessionalServicesA gr Contract E] Open Market Contract ❑ Amendment/Addendum E] Bid Opening ® Bid Award E] Quote Opening ❑ Quote Award Proposal Opening C/O & PCA No. ❑ Chg. Order, No. Traffic Control El Other: Required Information H Proposal ❑ Special Purchase, QPA E ] Req. to Advertise F] Reject Bids/Quotes E] PCA Resolution Ease./Encroach ❑ Title Sheet Company or Vendor Name Klink TrUckmrt Inc. New Vendor ❑ Yes I If Yes, Approved by Purchasing � No MBE/WBE Contractor Yes � MBE Completed E-Verify Form Attached ❑ No Project Name .......1..0.E 008R Street and Sewer Department Materials Project Number .�..................... �y �.................� Streets, Curb & Sidewalk, Sewer Concrete, Sewer Ins, Water Works, Funding Source Parks 202-0607-431.22-24, .22-30, .22-40, .23-02, .23-03, 23-20, 23-40, .39-89, 641-0621-792.22-24, .23-02, .23-03, .23-04, 202-0619-431.23-03, .23-24, 641-0625-792.22-24, .23-04, 640-0620-811.22-24, .23-04, 620-0640- m Account No. ...606.23-30, 201-1101-...45..2.9-89 (Pros Code K61 RMT).3,,.,.�.�........� ,m...................�e �...................._ Amount Terms of Contract Unit. Pri.ce.....,.__- �.w �....... m_............................. __... Purpose/Description Open Market award of 2019_aggregate m dfo �aterial bid for the Streets and, Sewers De a�rtment_ .. _.,_ .._...: _.-_._.... For Change rders Only Amount of Increase $ .. ._ .. ._..... F] Decrease Previous Amount ................. $ ...,.Increase ........................ ��................ _..�.�w_ __ ��.�.�.m......... ,��................ ��.................%............. ..................�....m�m..............................-.....��.�.......... Current Percent of Change: Decrease...... New Amount $ Increase % Total Change: Decrease _ �... � .�....�...............................�0 Time Extension Amount:� �,�� � �.�.. .....................W New Completion Date: ..... �........ _ m.m A, _..._ ...