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Home My WebLink AboutOpening of Bids - 2020 Trucking of Biosolids for Land Application - Trucks R Us Inc.p1lbBXI JA P CITY OF SOUTH BEND, INDIANA r , CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name 2020 Trucking of Biosolids for Land Application Project No. n/a For Bids Due February _m.. 25, 2020 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check V or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and _/ Certification of use of United States Steel Products or Foundry Products. Proof of MWBE Utilization Plan [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MWBE Contacted Form V [MWBE-2.1]. Acknowledge Receipt of Addendum(s) included with the bid. All required additional information is included with the bid, Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: Trucks R us Inc By Authorized Repre Signature: Print Name & Title: a F. Burger - President Version 01/29/2020 Contractor's Bid for Public Works - 1 Date: 02/21 /2020 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2020 Trucking of Biosolids for Land Application Project No. ri For Bids Due February 25, 2020 PART I (Must be completed for all bids. Please type or print) Date: _02/21/2020 Bidder (Firm): Trucks R Us Inc Address: 23300 State Road 23 City/State/Zip: South Bend, IN 46614 Telephone Number: (574 ) 340-8470 Agent of Bidder (If Applicable): James F. Burger - President Public nt to noticesproject ofven, the undersigned offers to furnish labor and/or material necessary to complete 9� g plete the te p P 1 2020 Truckin�Biosolids_for Land implication the City of South Bend, Indiana, in accordance with plans and specifications prepared by: City of South Bend, Indiana, Department of Public Works 1316 Count -Cit Buildin 227 W. Jefferson Blvd.„ South Bend, Indiana 46601 _.. _.. t] � . g �....... �_-- .......... _-.. and dated Febr!lary 2020 for the sum of (enter the Total Bid as shown on the Proposal) One Hundred Nineteen and 00/100 119 00 ..- --. .............. ._....... .-....) (". (Numerical) ._....-- . ._. .... (Enter sum of Total Base Bid Unit Price "Per Truck Per Hour" cal) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids 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 th City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be sh on a separate ttachment. BY.... ........... _....... __.. _ �..._.... (Signature) rmes F. Burger - President (Printed Name of Person Signing) _ ._.._-.__......ew.. ACCEPTANCE The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Jordan Gathers, Member day of Joseph R. Molnar, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk Version 01 /29/2020 Contractor's Bid for Public Works - 2 20 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. 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 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: 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 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 01/29/2020 Contractor's Bid for Public Works - 4 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 T.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 tern ofthe 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, orjoint 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 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 atr-MWBE; however, they may not unlawfully discriminate against said MBE/WBE. 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. 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. Version 01 /29/2020 Contractor's Bid for Public Works - 5 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 21st day of February , 20 20 Trucks R Us Inc Contr /'Bidder (Firm) Sigrl<t tae of Contractor/Bidder or its Agent James F. Burger - President Printed Name and Title Subscribed and sworn to before me this 21st day of _Februa 2020 My Commission Expires 10/15/2024 No�x,� .m_.....��_. .. taffy Public. ��.��. ... _.._.� .... ....._.. _. Kimberley e- .Johnson County of Residence LaPorte KIMBERLEY R JOHNSON La Patt'Y Co' ;p� 6'�M orrols'tlon Ex, lr =ber �M t, , 15, 2 24 Version 01/29/2020 Contractor's Bid for Public Works - 6 Selective Insurance Company of America 40 Wantage Avenue. Branchville, New Jerrey 07890 973-948-3000 BID BOND KNOW ALL MEN BY THESE PRESENTS: That Trucks R Us, Inc. 23942 State Road 2 South BEnd, IN 46619 as Principal, and the SELECTIVE INSURANCE COMPANY existing under the laws of the State of New Jersey, with its (hereinafter called the Surety), as Surety, are held and firmly bound unto City of South Bend B 1227047 (hereinafter called the Principal) OF AMERICA, a corporation created and principal office in Branchville, New Jersey IIO or 1'uhhe%.H E.joeedn¢Ilhiam.227 N'.l.— W"'. 1'Iq, bus h Mend, IN 1 1 (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 18th day of February A.D. 2020 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 ease of failure so to do, pay to the Obligee the daniagesf 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. WITNESS:. Truck" 1Mi ,Inc. (If individual or Firm) ATTES'1": ,, f Corporation) Principal S1:I:�1-it " W" INSURANCE C l CAA LY0FAM1r'RK,A B° A °orney-in-Fact Gregory S. Miller Selective Insurance Company of America 40 Wantage Avenue BE UNIQUELY INSURED Branchville, New Jersey 07890 BondNo.B 1227047 973-948-3000 POWER OF ATTORNEY 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 VII, Section I 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. $500,000.00 Signed this 18th day of February , 2020 SELECTIVE INSURANCE COMPANY OF Alvll;d^I ,,. SEAL By: .._. "' tI126 Brian C. Sarisky'Zo Its SVP, Strategic Business Units, Conimer rye STATE OF NEW JERSEY : :ss. Branchville COUNTY OF SUSSEX On this 18th day of February 2020 before me, the undersigned officer, personally appeared Bi;; I ~1, Gs,$l risky,„ who acknowledged himself to be the Sr. Vice President of SICA, and that he, as such Sr. Vice President, bc1n `+ �' do, executed the foregoing instrument for the purposes therein contained, by signing the name of the cry' �4tion by hls* as Sr. Vice President and that the same was his free act and deed aiid the free act and deed of SICA. $33 2 Charlene Kimble Notary public of New Jersey. My Commission Expires =21 Notary Public The power of attorney is signed and sealed by facsimile under and by the authority of the following Resolnta lt'4do ftk'd by the Board of Directors of SICA at a meeting duly called and held on the 6th of February 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." CERTIFICATION I do hereby certify as SICA's Corporate Secretary that the foregoing extract of SICA's By -Laws and Res,. 6� force and effect and this Power of Attorney issued pursuant to and in accordance with the By -Laws is valAL Signed this 18th day of February 2020. 19126 H. Lanza, SICA Corporateecretaryp w w. 'nN1° Important Notice: If the bond number embedded within the Notary Seal does not match the number in the upper I B91 (4-14) right-hand corner of this Power of Attorney, contact us at 973-948-3000. BID/PROPOSAL CITY OFSOUTH BEND Project Name: 2030Trucking ofBiomo|idmfor Land Application Project Number: n/o For Bids Due: February 252020 Contractor Name: BASE BID Item No. escri Quantity Unit F-U" n " it Price De,, ption 2020 Trucking of Belt Pressed Biosolids TBD for Land App ication ....... ..on call" Per Truck Per Hour $ 119.00 BASE BID UNIT PRICE TOTAL $ 119-00 Bidder (Firm): Trucks R Us Inc Address: 23300 State Road 23 City/State/Zip: Telephone Number: o By James F VemionO1/28/2O2O Contractor's Bid for Public Works '7 'rresment (Printed Name of Person Signing) z g a E 0 0 a z 0 D J U Qz Q Z J z W W cn o a m Z Z 2 a. W F-MMm -- � Z J w 0yMb ~ WLLm Z L) m z w E 0 0 z Q r w 0 Z c C rr c O 16 EL U R a W m � c � o a� c U o m cnW N �Cl) O _U E L N 7 O a c fn C 3 U L m c L N 0 O 0 cn > 0 0 U O` o ,E c E w rn a_ M r L c rn m m L m y L L 3 3 d CD Q> O_ o C O O L O- N N E 0 N ,° o N d fn N� _ O O_'a E :9 O U d U) L L N 4i E m z U N O _m C C N U 7 aD L E z U L-: N O O � 0- m ..�,�'ra9 r•,a. CITY OF SOUTH BEND `r MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN ' FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: n/a Date: 02/21/2020 Project Name: 2020 Trucking of Biosolids for Land AF lication Bidder: Trucks R Us Inc 1111-1111111Contact Person: James F. BurgerPresidentm^mmmmITmmmmmITIT Telephone: 574-340-8470 Address: 23300 State Road 23 City: South Bend State: Indiana Zip: 46614 Email: k�imj,arucksrus9 ahoo.com To determine whether a bidder has demonstrated good faith efforts to reach the MWBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below: EVIDENCE OF GOOD FAITH EFFORTS _- MWBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non - certified) found at: htt ://www.in. ov/id'o a/. GOOD FAITH EFFORTS TO OBTAIN MWBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MWBE participation in the awarded contract. affirm that I reviewed the Cityof South ..... a � ��. Bend's Minority and Women Business Enterprise JFB Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website �htt 1)wwwJn.gov/idoa I affirm that I have made good faith efforts to select portions of the contract work to be JFB performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MWBE participation. JFB I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MWBEs in the scopes of work of the contract. JFB I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform MWBEs of contracting and subcontracting opportunities. .........._ I affirm that I advertised in general circulation and/or trade association publications JFB concerning subcontract opportunities and allowed MWBEs reasonable time to respond to such advertisements. _...... I affirm that I performed any and all necessary steps provide written notices in p to p a manner JFB reasonably calculated to inform MWBEs of subcontracting opportunities and allowed sufficient time for MWBEs to participate effectively. JFB I affirm that I followed up on initial solicitations with interested MWBEs. I affirm that I negotiated with interested MWBEs in good faith, including providing such JFB MWBEs with adequate information about the plans, specifications and other requirements of the subcontract. Iaffirm that I have made good faith efforts to assist interested MWBEs in obtaining JFB bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 01/29/2020 Contractor's Bid for Public Works - 9 „nwt k.0i "rs CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN w FORM MWBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested MWBEs in obtaining JFB necessary equipment, supplies, materiels, or related assistance$ or services, where appropriate. JFB I affirm that I did not reject any MWBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities, CONTRACT RECORDS: The bidder has maintained the following records for each MWBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Marcus Northern 574-876-8881 Kennedy Expressline, Inc 4324 Ashard Drive South Bend, IN 46628 02/03/2020 - Kennedy Expressline Inc contacted Trucks R Us, Inc and informed us that he would be interested in working with us again this year if we were bidding on the project. We used hint last year to help with the contract to truck pressed biosolids. We told Marcus we would be bidding when available and would like to utilize his truck(s) again this year W we were awarded the contract. Version 01/29/2020 Contractor's Bid for Public Works - 10 mw ,i 8 p P pp. CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-2.1 MWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MWBEs. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications. Attach additional pages if necessary. PAGE 1 OF 1 Project Number: n/a _ MWBE Participation Goal 10% Project Name: 2020wTrucking of Blosolids for Land_ Application Bidder: Trucks R Us Inc By _... ...... President 02/21/2020 (signatu re) - 9 ) (Title) (Date) MWBE Firm Kennedy Expressline, Inc Owner or Contact at MWBE Firm Marcus Northern - President Telephone: 574-876-8881 Fax: 574-272-2302 Email: TYPE OF WORK SOLICITED FOR.....• � ....... ___m ._ .n.., ...-------m.. _..... ____...... .. THIS PROJECT: Trucking of Pressed Biosolids for Land Application RESULTS OF CONTACT WITH THE MWBE FIRM: Marcus Northern will supply 1 or 2 trucks for the project MWBE Firm Owner or Contact at MWBE Firm Telephone: Fax Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MWBE FIRM Version 01/29/2020 Contractor's Bid for Public Works - 11 (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 �urchy?,,3o exexp2q!ed.ly the 12yrrc a e to be at least $100, 000._______ Date: 02/21 /2020 Pursuant to I.C. 36-1-12-22, Trucks R Us Inc preference for Project Bela Pressed Biosoblds for Land A a hcat on (Project # South Bend, St. Joseph County, Indiana. claims a local Indiana business located within the City of ❑ The location of the principal place of business is 23300 state Road 23, south Bend, IN 46614 (Address) I` St. Joseph County, Indiana a:I The following county located adjacent to St. Joseph County, Indiana: 91 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. V 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 21st day of February , 2020. Trucks R Us Inc ................ o r tor/Bidder (Firm) Si natu.............. 'g re of Contractor/Bidder or Its Agent James F. Burger Printed Name and Title Version 01/29/2020 General Conditions - 12 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name 2020 Trucking of Biosolids for Land Application Project No. n/a For Bids Due February 25, 2020 Contractor Name: Trucks R Us Inc The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section II only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 315t for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 01 /29/2020 General Conditions - 7 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) V By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) ,,Z_ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) _ By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) V Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (i) List identifying all former business names. Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (iv) Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) V Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) _ For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) _L Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 01/29/2020 General Conditions - 10 (ix) d Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) V List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: 02/21 /2020 (Sign Here) James F. Burger (Print Name Here) Trucks R Us Inc (Name of Company) 23300 State Road 23 (Address of Company) South Bend (City) Indiana (State) 574-340-8470 (Telephone Number) Version 01/29/2020 General Conditions - 11 TRUCRUS-01 _ COF F AORO DATE (MMIDD/YYYY) lv� INSURANCE z/zoizozo ... ......... _._________.______.CERTIFICATE .. OF LIABILITY ...... _ .......... .............. 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. r IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 ri hts to the certificate holder in lieu of such alTdorselTTBlTts). ---------- — — -- - ........ ern .- -- PRODUCER CONTACT -..... -..------ ,...,..., NAME: Miller Insurance Group eZe' �446 3341 AC "N"o i J 4 546-2687BrremnIN 46506 E-MAILE-y o ullq rinsuranccrp.com INSURED Trucks R Us, Inc. Lake Effect Snow Excavating 23300 State Road 23 South Bend, IN 46619 RERA:Ohio Security InSuran C: /ERAGE NAIC # �O �24082 nce .. � 'I a350 , COVERAGES CERT,IFICATE NUMBER: -... A#ON hlBER: -THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY I'EiRl01� INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 1'0 WIIICII TI IIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AI_I_ THE I FIRMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS„ TYPE OF 11MMI'ooryyy" INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LT X COMMERCIALOGENERR..., ..L O y!!y�%T.......... ,............ '), ,IIVIOMIQI,6myiXY�,,, ]�. .. ..... ...... INSURANCE POLICY NUMBER AL LIABILITY 1,000,000 .., CLAIMS -MADE X OCCUR PREMISES TO PE N F0 BKS56685229 7/5/2019 7/5/2020� Faces Oc,,, �_� f PEN urr 300,000 (Fa otci.rmrerrcoY � 15,000 EXP /A.ny orre,persnnj.... ,.... 1,000,000 PER C1NAt F AOV IWURY .... RAJWLAlGR GA"]F LIMIT API APPLIES PER: GENERALAGGREr..,. ATE 2,000,000 POLICY � X] E I I C7C, ...._ .. .... '.... . ,.... , 2,000,000 ..... 1LQ,T PROD CT COMP/OP AGQ $ fb---- Et' --- .._.. .. B AUTOMOBILE LIABILITY �� "tTMull11MJ'�t�P�� rINGLELIMIT 1,000,000 X ANY AUTO A040137 7/5/2019 7/5/2020 ILY Per rr9on OWNED SCHEDULED ... AUTOS ONLY AUTOS _ .JURY (PPr acrsr{enl � HIRED NON -OWNED' PR�IIURY Y DAMAGE �t _.... ''. AUTOS ONLY . AUTOS ONLY - (Per' 0crmlorl) d UMBRELLA LIAB OCCUR G 0 C' ,., CURRFNC'E "G _ EXCESS LIAB CLAIMS MADE AGGREGATE ATE - .. ...... DED O...RETENTION ...._ ..... ., .�..--- B KERSEMPL COMPENSATION N D EMPLOYERS' .....� .. _ �,.7/5/2020 L r(- �.�,,.., LIABILITY Y fI N AND PROPS EBER A040149�...... 7/5/2019� .XI STAT�f FS�. s00,. Y EARTNERtEXECUTIVE I st,,9 FICs[RtMEMBER EXCLUDED? in NH ..... N I A EACH ACCI�ENT� _. ._ ._ ..,... ,.,, .m .. , ®, 500,00(1 0 q anrlator L D{SFASF F,A FMPI OYE;.F, A If yes describe under DLSC,RIPTION OF 7P,FRATIQNS,kietow_... ,,,E FC(SFASF -PG I,CY,l IMIT 500,000 B Motor Truck Cargo --—.__. A040137 _._ 7/5/2019 7/5/2020 Cargo —.. 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) CERTIFICATE City of South Bend I St Joseph County Board of Public Works 125 S. Lafayette Bid, #100 South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATI ON. All rights reserved, The ACORD name and logo are registered marks of ACORD BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 02/18/2020 12:03 PM llusltt ))tails Business Name: TRUCKS R US, INC. Business ID: 2001072000015 Entity Type: Domestic For -Profit Corporation Business Status: Active Creation Date: 07/19/2001 Inactive Date: Principal Office Address: 23942 STATE ROAD 2, SOUTH BEND, IN, Expiration Date: Perpetual 46619, USA Jurisdiction of Formation: Indiana Business Entity Report Due 07/31/2021 Date: Years Due: �e.. I'� 4n�l�a� Itafu� rrttitttt Title Name Address Secretary CASEY BURGER 14387 Jackson Road, Mishawaka, IN, 46544, USA Address: 23942 STATE ROAD 2, SOUTH BEND, IN, 46619, USA DEPARTMENT OF ADMINISTRATION STATE OF INDIANA Division of Supplier Diversity Eric J. Holcomb, Governor Indiana Government Center South 402 West Washington Street, Room VV4E39 Indianapolis, IN 46204 i (317) 232 - 3061 January 10, 2019 Mr, Marcus Northern. Kennedy Expressline, Inc. 6317 E 350 N South Bend, IN 46628 Subject: Application for MBE Certification Dear Mr. Northern: Congratulations! The Indiana, Department of Administration, Di -vision of Suppliei.Diversity is pleased to inform you that Kennedy Ekpresshne, Inc., is hereby certified as a. Minority Business Enterprise (MBE), Your company provides a commercially useful function in the areas listed below. Only work performed in these areas will be counted towards- Minority Business Enterprise. participation: UNTSPSC Code Description Local arca—tru-c'E--na services On September 13, 2010, the Governor's Commission on lyauority and Women's Business Enterprises approved the department's effort to streamline its recertification process. Instead of conducting an onsite visit to each company seeking recertification, the department now has the discretion to waive the visit after a thorough review of the company's file and recertification documents. We have appr6led your certification and it is -valid through January 31, 2022. Please note that IDOA continues to reserve the right to conduct a site visit or phone interview at any time to certified companies. Although Your certification is valid for a three-year period, you are required to submit an annual Affidiniiz of Continued Eligibility (ACE) form, located at A n.jf Please remember` must notifyus immediately if any ges occur, Failure to char notify us of changes or to provide 0 an ACE form annually will result in revocation of your certification. Changes include, but are not limited to, changes in location, contact information, ownership and control. 'V,7e encourage you to visit IDOA's procurement website, m,-ww,in,Ltc>v/idoa/24.6�1,lit pi. and update your Business Registration Profile, It is important that you review and update your profile regularly, because state purchasing agents and prime contractors may use this information to contact -you for business opportunities. For questions regarding your registration profile, you may contact our office at 317-232- 3061. While this letter serves as notification of certification, it does -not serve to prove continued eligibility, Please visit ww w. i b gL2743-hj� �u to verify certification status. Please contact our of -Lee at (3 17) 2322 - 3 061 if you have any other questions. INDIANA DEPARTMENT NT TRANSPORTATION Driving Indiana's Economic Growth 7 100 North Senate Avenue PHONE: (317) 233-4664 Eric Holcomb, Governor t+t, tt Room N750 FAX: (317) 233-0891 Joe McGuinness, Indianapolis, Indiana 46204 Commissioner 02/06/2020 Kennedy Expressline Inc 4324 Ashard Dr. South Bend, IN 46628 Dear Marcus Northern: Subject: No Change Affidavit This letter confirms receipt of your annual No Change Affidavit and supporting documentation. The Indiana Department of Transportation's Economic Opportunity Divison, in compliance with 49 CFR Parts 23 and 26, is pleased to inform you that your firm's information has been reviewed and approved. Your firm's DBE/ACDBE Certification will remain valid for another year.. You may print your updated Certification from ITAP if you would like to obtain a paper copy. Instructions: In ITAP, go into the'New Application' side of your file. At the far right side of screen, click on the red icon (view report). You will find a 'Certificate' button listen within this pop-up box, at the bottom. Your certificate will open and you will be able to print it from here. The DBE Directory, located at ttpJ/vvvvw.ln g2v/2 74,htm , will contrinue to list your contact information and will include the NAICS codes and description of services performed. As a DBE/ACDBE, you have the responsibility to comply with all aspects of 49 CFR Parts 23 and 26, which include maintaining an accurate mailing address, phone number and email address with INDOT EOD and promptly following up on all inquiries. If you have any questions, please feel free to contact us at any time. Sincerely, Derrick Casson Certification Manager, Economic Opportunity Division Indiana Department of Transportation cc: file avww.l.mgov/clot/ An Equal Opportunity Employer � tlnrlursvaa;�' NAICSIDB : Codes -Assigned: DBJE: Speciality Code DBE Code DSE Description NAI S Code NAI S Description Description 0054 OH Specialized Freight (except 484220 Specialized Freight (except Dump trucking, dirt„ aggrdgato , UsedGoods) Trucking, Local UsedGoods) Trucking, Local asphalt„ Millings, Sand CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2020 Trucking of Biosolids for Land Application Annual Contract February 2020 Prepared for CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS of CITY OF SOUTH BEND DIVISION OF ENGINEERING 1316 COUNTY -CITY BUILDING 227 WEST JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 FORBIDS DUE: February 25, 2020 City of South Bend, Indiana Department of Public Works 2020 Trucking of Biosolids for Land Application Notice to Bidders General Conditions Special Provisions Appendix [or Other/Additional Sections] City of South Bend Contractor's Bid for Public Work Form Version 1/11/2017 Table of Contents 1 Page 12 Pages 12 Pages n/a Pages 11 Pages NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, Board of Public Works will receive sealed bids at the Office of the Board of Public Works, County -City Building Room 1316, 227 West Jefferson Blvd, South Bend, Indiana, 46601 until the hour of 9:30 a.m., Local Time, on February 25, 2020 for the following: 2020 Trucking of Blosolids for Land Application Work includes the supply of trucks and drivers to transport belt pressed biosolids for land application within a 50 mile radius of the City of South Bend, Indiana, all more particularly described in plans and specifications prepared by the City of South Bend Department of Public Works, Division of Engineering, phone (574) 235-9251. Specifications are available for download by visiting the City of South Bend's web page at southbendi�y: 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, 1308 County -City Building, South Bend, Indiana 46601. Bids received after 9:30 a.m., Local Time, on February 25, 2020, will be returned unopened Bids must be on the City of South Bend Contractor's Bid for Public Work Form, accompanied by a Certified Check or Bid Bond in the amount of $5,000.00 in a sealed envelope noting the project name and your company's information on the front. A refund of the bid security will be issued upon satisfaction of Bid Award. Each bidder or contractor (hereinafter the "contractor') must comply with the Minority and Women Business Enterprise Inclusion Program Plan as set forth in the City of South Bend Ordinance No. 10693-19 included in the specifications as to each construction trade it intends to use on this construction contract and all other construction work (both federal and non-federal) in the St. Joseph County area during the performance of this contract or subcontract. The contractor commits itself to the goals for Minority and Women's Business Enterprises (MWBE) and all other requirements, terms and conditions of these bid conditions by submitting a properly sealed bid. Minority and Women's Business Enterprises are encouraged to respond to this notification. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidder Ordinance no later than the date of the public bid opening. Please note: The City reserves the right to request supplemental information provided by the bidder and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified status. 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: February 7, 2020 February 14, 2020 Version 01/29/2020 General Conditions - 1 CITY OF SOUTH BEND STATEMENT OF POLICY The Board of Public Works of the City of South Bend has adopted the following policy regarding the receipt of sealed bids: All sealed bids submitted to the Board of Public Works must be received in the Board of Public Works Office, 1316 County -City Building, South Bend, Indiana, no later than the advertised time on the advertised date of the bid opening. It shall be the responsibility of the bidder to see that his/her bid is received prior to the deadline stipulated in the bid advertisement. Bids submitted by mail and received after the advertised time deadline will not be considered by the Board. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Linda M. Martin, Clerk NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. Local Time. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening date and time. Version 01/29/2020 General Conditions - 2 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 Version 01 /29/2020 General Conditions - 3 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." "(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 Version 01/29/2020 General Conditions - 4 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 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 01/29/2020 General Conditions - 5 MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN The City of South Bend, Indiana has shown its commitment to addressing Minority and Women's Business Enterprise ("MWBE") participation in public contracting through the adoption of the City of South Bend Ordinance No. 10693-19. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age or disability that does not affect that person's ability to perform work. Minority and Women's Business Enterprises (MWBEs) are described in the Ordinance. A list of certified MWBEs has been included for your review and a cross reference list of MWBEs (both certified and non - certified) can be found on the Indiana Department of Administration website: ht1o:/twww.in.gov/idoa1. Documentation shall be provided with the bid that states the MWBE that will be contracted, the dollar amount of the work that will be performed on the project and the percentage of the dollar amount as it relates to the total bid amount by using Form MWBE-1.0, MWBE Utilization Plan. The City, its agencies, boards, or commissions requires the Contractor's good faith efforts to obtain participation by those Contractors classified as a MWBE. Failure to provide ALL the required evidence of good faith efforts with the bid will be grounds for rejecting a bid as non -responsive. Bidders shall demonstrate good faith efforts to have active participation from MWBEs on this Project and supply written documentation evidencing such efforts by using Form MWBE-2.0, Evidence of Good Faith Efforts and Form MWBE-2.1, MWBE Contacted. Such documentation shall include, but is not limited to, the following items: a. A listing of all MWBEs contacted including: (1) the name and address of the MWBE; (2) the date of contact; (3) the type of contact (i.e., phone call, written solicitation, etc.); (4) the nature or type services or goods requested; and (5) the result of the contact. b. Written evidence of outreach and copies of email exchanges inviting and receiving quotes or other responses from MWBEs or other documentation of efforts to encourage and secure competitive quotes from MWBE and local businesses to be included in the benefits of building this Project. c. Written documentation of letters of introduction, invitations to forging majority/minority strategic alliances for capacity building, including but not limited to, mentoring, extensions of assistance on payroll, insurance, bonding, line of credit, technical skills or business skills. All bidders are actively encouraged to reach out to the MWBEs in St. Joseph County, Indiana, other local Indiana counties, Berrien County, Michigan, and Wabash and Kankakee Counties in Illinois to utilize a good faith effort to forge constructive and lasting business partnerships. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Version 01 /29/2020 General Conditions - 6 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name 2020 Trucking of Biosolids for Land Application Project No. n/a For Bids Due February 25, 2020 Contractor Name: The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section II only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10694-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 315' for the upcoming calendar year, or within twelve (12) months of obtaining pre - qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 01/29/2020 General Conditions - 7 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 01 /29/2020 General Conditions - 8 I. PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: (i) _ Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. (iii) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. (iv) T For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Version 01 /29/2020 General Conditions - 9 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) _ By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) _ By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) _ Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). List identifying all former business names. Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (iv) Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) - Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 01/29/2020 General Conditions - 10 (ix) Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: (Sign Here) (Print Name Here) (Name of Company) (Address of Company) (City) (State) (Telephone Number) Version 01/29/2020 General Conditions - 11 (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 be at least $100, 000. Date: Pursuant to I.C. 36-1-12-22, preference for Project South Bend, St. Joseph County, Indiana. claims a local Indiana business (Project # ) located within the City of ❑ The location of the principal place of business is (Address) ❑ 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 SECURITY NUMBERS. Dated this day of , 20_ Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Version 01/29/2020 General Conditions - 12 DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA SPECIFICATIONS AND SPECIAL PROVISIONS 2020 Trucking of Biosolids for Land Application PROJECT DESCRIPTION Work to be performed shall include furnishing all labor, services, materials, insurance and equipment to provide trucking of belt pressed biosolids for land application according to the intent of the Specifications and Special Provisions. II. GENERAL CONDITIONS A. 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 2020 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. B. 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. C. 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. A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 102 B. Additions: 1. Each Bid provider shall completely execute and submit the following documents with the Bid: a. City of South Bend Contractor's Bid for Public Work Form b. Bid Bond stating $5,000.00 or Certified Check of $5,000.00. c. 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. d. Responsible Bidder Checklist Version 1/30/2020 Special Provisions - 1 a V. TAX EXEMPT A. Prevailing Specifications: None B. Additions: 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. 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 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 Bid provider. 2. 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. 3. 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. VII. INSURANCE A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 B. Additions: 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 Version 1 /30/2020 Special Provisions - 2 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. City of South Bend shall be named as additional insured on the Certificate of Insurance. f. Contractor and subcontractors shall provide any and all insurance policies, documents, endorsements, or certificates related to this Contract immediately upon the request of the City of South Bend. VIII. AWARD OF CONTRACT C. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 D. Additions: 1. All Bids will remain subject to acceptance for sixty (60) calendar days after the day of the Bid opening, but the City of South Bend may, in its sole discretion, release any Bid and return the Bid security prior to that date. 2. Successful bidder from award notice will have fourteen (14) calendar days to submit a fully executed contract, Certificates 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. IX. BONDING R UIREIi ENTS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 B. Additions: 1. The successful Bid provider shall supply the following bonds: a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one hundred percent (100%) of the contract amount. b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one hundred twenty-five percent (125%) of the contract amount. c. Malet Iitee0 e ctyretyraw dm,-fa al*t�a-t � nt-(�-0�f�tnal-rt�a e-'tf- ram p y- #t-tf Maintenance Bond is not required for this contract. X. CONTROL OF WORK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 105 B. Additions: Version 1 /30/2020 Special Provisions - 3 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. persGnra q i -an6.a p #i -.tG gar a rk-re i is-tte :ref -wio be no es payment B item Twentras peib intai eentrs�a es#n��efties- 4. Work hours for hauling shall be from 6:00 a.m. through 6:00 p.m. Local Time, Monday through Sunday on an "on call" basis. XI. LEGAL RELATIONS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 107 B. Additions: 1. The Owner, where mentioned in these documents, is the City of South Bend. 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. SUBMITTALS — NOT APPLICABLE Spesisati ' 'tiers; 4 _..,Summit- a lea e q t F sed prajhaa a A9I-st�rr�itta4s�st-� itinl+s s-fry-tl�e-�a+mt� The Det l rigs will ' . f-t�n�itta#sww+t#�i -we aye:. 3 The review to t epa rk-4 , . trssfasta rev° itFelieve the eel F e itaiti eviatiens ftem the S at fren nil -PaFts4GuPd4x"---C-- -tG4-h Version 1 /30/2020 Special Provisions - 4 MOM, I wffiirwra:r m G Ii �. Mat XIII. PROSECUTION AND PROGRESS A. Prevailing Specifications: 2020, INDOT Standard Specifications Sec. 108 B. Additions: 1. The contract will have a termination date of December 31, 2020. The contract time will start when the Notice to Proceed is delivered and signed. 2. The Director of Utilities, Wastewater Operations Manager, Superintendent of Organic Resources Facility, and Contractor will hold a pre -hauling meeting following award of the contract. The Contractor shall schedule an inspection of all Contractor's vehicles and subcontracted trucks that the Contractor will be used for hauling prior to beginning work. The date of the Notice to Proceed will be agreed at the pre -hauling meeting. 3. Owner shall communicate land application schedule with Contractor.. XIV. CHANGE OF CONTRACT TIME A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: 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 noway constitutes a waiver by the City of any rights or remedies existing under this contract at law or in equity. Version 1 /30/2020 Special Provisions - 5 XV. DEFAULT AND TERMINATION A. Prevailing Specifications: 2020, 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. XVI. LIQ,UIDATED DAMAGES — NOT APPLICABLE ,e Version 1 /30/2020 Special Provisions - 6 120-1affill coils'. XVII. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. Contractor is required to submit the completed "AIA Document G702TM - 1992" form to the City of South Bend Board of Public Works along with electronic certified payrolls for the billed time period. 2 e per e'n-of'-pa &4 r-Gug out- e ufat �the.-p'm eot, Invoices shall be billed monthly or as agreed upon between the Owner and Contractor. Given the nature of this contract as a hauling contract. No retainage shall be held on invoices. Invoices shall be paid in full unless there is a discrepancy between the Owner's Records and Contractor's claims for payment. Before final payment and-f--et i is released, the Contractor must satisfy the following: a. All trucking performed shall meet the requirements stated in the specifications. b. Provide copies of trucking delivery trip tickets for all materials transported. c. PFevid As Bt A dFavAngis he GRY of-Soutt sp,eGikatilio WoFks. d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver of Lien. XVIII. WARRANTY — NOT APPLICABLE 11MIT MM " e: rr► Taira r�araa�srM�r r Version 1 /30/2020 Special Provisions - 7 rwa�r XIX. OTHER UTILITIES — NOT APPLICABLE RIM e� � .a M�. " � MEN z XX. MAINTENANCE OF TRAFFIC — NOT APPLICABLE - -- *25M MI, -RUM le- unatt -Q. might w4IhGut*Faper-�fk*j-a"W4kq- heduWof--oW-atien&-for-the-review-,of4he-E-r4rveer-.--The--sGh.edule •,,--be-mainta*ied at all times, G, Version 1 /30/2020 Special Provisions - 8 XXI. DESCRIPTION OF WORK A. Prevailing Specifications: None B. Additions: 1. Work to be performed shall include furnishing all labor, services, materials, insurance and equipment to trucking of belt pressed biosolids for land application according to the intent of the Specifications and Special Provisions. 2. The Base Bid covers the Contractor's price for "per truck, per hour" hauling and use according to the intent of the Specifications and Special Provisions. 3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor's operations. XXII. MUNICIPAL OPERATIONS - NOT APPLICABLE «,z XXIII. PLANS - NOT APPLICABLE d i . .- lan&RGr4sis"f':... - -- Thew ark -swan the-p#a -awing" -s r - 4.-®-Th T r 'bl FerAm t" f nth a 3e h:-�1�.t1~r hat�kraial-�v�sias-ara�k r or�fll't„ t�S � 1a1��av'l'slans-sP�'ll XXIV. M/WBE-DBE GOALS A. Prevailing Specifications: City of South Bend Ordinance No. 10693-19, Minority and Women Business Enterprise Inclusion Program Plan Version 1 /30/2020 Special Provisions - 9 B. Additions: 1. The MMIBE-DBE Goal for this Project is 5.00%. 2. Complete FORM MWBE-1.0 MWBE Utilization Plan, and submit with Bid Proposal 3. Complete FORM MWBE-2.0 Evidence of Good Faith Efforts and submit with Bid Proposal. 4. Complete FORM MWBE-2.1 MWBE Contacted and submit with Bid Proposal. XXV. TRUCK / VEHICLE REQUIREMENTS A. 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. B. 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. C. 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. XXVI. TRUCKING / HAULING PERIODS A. It shall be the responsibility of the Superintendent of the Organic Resources Facility to determine the schedule and duration for land application activities. B. Normal working hours for hauling will be from 6:00 A.M. to 6:00 P.M. Local Time. C. 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. D. 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. E. 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. F. 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. XXVII. BASIS FORBIDDING A. 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 Version 1/30/2020 Special Provisions - 10 price on the Bid Form. B. This bid is a unit price bid and bids shall be evaluated on the basis of lowest, responsive, responsible bidder. XXVIII. BID BOND REQUIREMENT A. 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. XXIX. SUBCONTRACTORS A. Subcontractors may be utilized on the project with 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) or women's business enterprise (WBE) and veteran business enterprises (VBE) is encouraged. B. If the City approves the use of proposed 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. XXX. TRUCK DELIVERY RECORDS A. The Contractor shall provide truck delivery trip tickets each day for each truck. B. The truck delivery trip tickets shall be used to record hours worked and the number of loads hauled by each truck. C. The truck delivery trip tickets shall be signed at the end of each day by the driver of the truck and either the Superintendent of the Organic Resources Facility or an authorized City of South Bend representative of the Organic Resources Facility. D. Original or copies of all truck delivery trip tickets shall be submitted with each Pay Application. Contractor shall neatly organize delivery tickets by date, time, and truck identification number. All hand-written information shall be printed legibly. E. Since record keeping is required, it is imperative that accurate and correct records are recorded every day that land application activities occur. XXXI. BILLING PROCEDURES A. 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. XXXII. BIOSOLIDS SPILLS A. The Contractor is responsible for providing trucks sufficient for the transport of biosolids as described in this Specification. Version 1/30/2020 Special Provisions - 11 B. The Contractor or truck driver(s) shall immediately contact the Superintendent of the Organic Resources Facility in the event of a spill. C. 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). D. 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 is found to be negligent by failing to report a spill. E. 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. XXXIII. MISCELLANEOUS PROVISIONS A. 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. B. 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. C. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Parry'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. D. 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. E. 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. Version 1/30/2020 Special Provisions - 12 , +4 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC CORK CHECKLIST FOR BIDDERS Project Name 2020 Trucking of Biosolids for Land Application Project No. n/a For Bids Due February 25, 2020 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MWBE Utilization Plan [MWBE-1.0]. If minimum participation goal is not met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MWBE Contacted Form [MWBE-2.1 ]. Acknowledge Receipt of Addendum(s) included with the bid. All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: By Authorized Representative: Signature: Print Name & Title: Version 01 /29/2020 Contractor's Bid for Public Works - 1 Date: CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Project No. For Bids Due 2020 Trucking of Biosolids for Land Application n/a February 25, 2020 PART (Must be completed for all bids. Please type or print) Date: Bidder (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: 2020 Trucking of Biosolids for Land Application the City of South Bend, Indiana, in accordance with plans and specifications prepared by: City of South Bend, Indiana, Department of Public Works 1316 County -City Building,227 W. Jefferson Blvd. South Bend, Indiana 46601 and dated Februa 2020 for the sum of (enter the Total Bid as shown on the Proposal) (Enter sum of Total Base Bid Unit Price "Per Truck Per Hour") (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids 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 bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. By (Signature) (Printed Name of Person Signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member Therese J. Dorau, Member Jordan Gathers, Member Attest: Linda M. Martin, Clerk Version 01 /29/2020 Contractor's Bid for Public Works - 2 NEI PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 01/29/2020 Contractor's Bid for Public Works - 3 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 01/29/2020 Contractor's Bid for Public Works - 4 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 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 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. 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. 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. Version 01 /29/2020 Contractor's Bid for Public Works - 5 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 County of Residence Notary Public Version 01/29/2020 Contractors Bid for Public Works - 6 BID/PROPOSAL�` vµ MMJG9 X �, l CITY OF SOUTH BEND Project Name: 2020 Trucking of Biosolids for Land Application Project Number: n/a For Bids Due: February 25, 2020 Contractor Name: BASE BID ..................................................................._..........................._.............................................................................................. Item Description Quantity Unit Unit Price No. 1 2020 Trucking of Belt Pressed Biosolids TBD Per Truck Per Hour for Land Application on call" BASE BID UNIT PRICE TOTAL Bidder (Firm): Address: City/State/Zip: Telephone Number: By (Signature) (Printed Name of Person Signing) Version 01 /29/2020 Contractor's Bid for Public Works - 7 z g IL ag c� w a z O cn J U z z g whoa m F Z xaw0 :1 Ui nl z f/7 J LL w OWLL 0w Hz m UN m z w 2 3 0 z a 0 z 9 4d c A a R a w 1.mN o cm % C V ft � O R isw �m 0 01 ad �L 0 3" d v E J2 U) a c 'O 7 c � d m C t R E O 0 O O V O o C C E .0 �r ay R C t R H �_ tm m d 33 d d a> o. $ 7 H GI � C O O t a d 0 .0 o 'o R r � d � as O m u 0 N r H 2 O m 0 C9 w 0 m a c E a m m R C N E 0 Z U L-: N (D a m CD W 0) _ N 2•Ou O _�o a 0 0 m w o� C C O 7 O. E o QU m 0 °3 N f0 C �o E� a � c .0= CO 0 Y !� O d 3 CL N CD u) C L U c N � d o ti Ln f0 2 0�U y A m E? (L W 0 v Q N E z N E A 7 cn N N N E m z c a` co U) U n. 0 m t 0 U N 0 0 U O N O N CD N 0 C O Ln CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-2.0 w EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: n/a Project Name: Bidder: Contact Person: Address: City: Email: 2020 Trucking of Biosolids for Land Application State: Date: Telephone: Zip: To determine whether a bidder has demonstrated good faith efforts to reach the MWBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MWBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non - ov/idoa/. certified) found at: =://www.,in..qov/idoa/. GOOD FAITH EFFORTS TO OBTAIN MWBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MWBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (httpJ/www.in,gGvAdoa), I affirm that I have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MWBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MWBEs in the scopes of work of the contract. I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform MWBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MWBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MWBEs of subcontracting opportunities and allowed sufficient time for MWBEs to participate effectively. I affirm that I followed up on initial solicitations with interested MWBEs. affirm that I negotiated with interested MWBEs in good faith, including providing such MWBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 01 /29/2020 Contractor's Bid for Public Works - 9 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MWBE-2.0` EVIDENCE OF GOOD FAITH EFFORTS I affirm that I have made good faith efforts to assist interested MWBEs in obtaining necessary equipment, supplies, materials„ or related assistances or services, where w w w w w A w w CONTRACT RECORDS: The bidder has maintained the following records for each MWBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 01/29/2020 Contractor's Bid for Public Works - 10 CITY OF SOUTH BENDZy " � MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLANS°�,E 1 FORM MWBE-2.1.�r__ MWBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MWBEs. It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the MWBE qualifications. Attach additional pages if necessary. PAGE -OF Project Number: n/a MWBE Participation Goal Project Name: 2020 Trucking of Biosolids for Land Aapjicatiwon Bidder: By: (Signature) (Title) (Date) MWBE Firm Owner or Contact at MWBE Firm Telephone: Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MWBE FIRM: MWBE Firm Owner or Contact at MWBE Firm Telephone: Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MWBE FIRM: Email; Email: Version 01/29/2020 Contractor's Bid for Public Works - 11