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HomeMy WebLinkAboutOpening of Bids - Six Thousand 6,000, More or Less, Universal Nestable Refuse Containers – Spec B - Best Equipment Co., Inc.NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, will receive sealed bids at the Office of the Board of Public Works, Ste. 1316, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, until the hour of 9:30 a.m. Local Time, on March 24, 2020 for the following: Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers Specifications are available for download by visiting the City of South Bend's web page at www.south bendin.00v: Click on "I'm Looking For" Click on "Doing Business in South Bend" Click on "City Contracts — Invitations to Bid" 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 gnly during regular working hours in the Department of Public Works, Ste. 1316, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Bids received after 9:30 a.m. Local Time, on March 24, 2020 will be returned unopened. Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. Certified Check or Bid Bond in the amount of not less than 10% must be submitted with the bid. A refund of the bid security will be issued upon satisfaction of Bid Award. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive,. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two times: February 28, 2020 March 6, 2020 BID NAME FOR BIDS DUE Date Address: CITY OF SOUTH BEND ]INDIANA SELLER'S BID FOR SALE OIL LEASE OF MATERIALS D NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT AND NON -DI CRIMINATION COMMITMENT FOR E'LLERS Spec B — Six Thousand 6,000 More or Less Universal/Nestable Refuse Containers March 24, 2020 9:30 a.m.. 5550 Poindexter Dr. Bidder Firm Best Equipment Co., Inc City/State/Zip: Indianapolis, IN 46235 Telephone Number: 317 823-3050 Agent of Bidder (if Applicable): Bell Wanner 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: Marion 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 2 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. 3 In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. C! 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 20 day of March , 202O t Equipment Co Inc. ractO Bidder (Firm SViiature of Contractor/ idder' 9TT' Agent Maria Dahlmann, Secretary/Treasurer Printed Name and Title Subscribed and sworn to before me this 20 day of March , 2020 My Commission Expires Nov. 11, 2022 Notary Pub County of Residence Madison DEBORAH R COOPER Notary Public - Seal State of Indiana Madison County My Commission Expires Nov 11, 2022 E SPECIFICATIONS CITY OF SOUTH BEND BID NAME Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers FOR BIDS DUE March 24, 2020 9:30 a.m, Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. ,SPEC A —.SIX THOUSAND 0 R LESS U ;IVERSAL/NESTALE REFUSE CONTAINERS It is the intent of these specifications to describe 96 gallon refuse containers for the City of South Bend. All containers bid must have been manufactured in the U.S.A. The City of South Bend reserves the right to reject any and all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be in the best interest of the City of South Bend. Vendor to complete bid proposal, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. Vendor shall provide all information requested in specifications to qualify for the bid. Vendor shall indicate YES or NO for each area of the specification. Any variations to the following specifications must be noted on a separate sheet and attached to the bid in order for the bid to be valid. Vendor to complete bid proposal, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. MANUFACTURING PROCESSES AND MATERIALS: Each Yl NO rollout container shall consist of a body, lid, wheels, axle, and necessary accessories. The plastic resin material and the finished container must meet the minimum specifications herein. PLASTIC MATERIAL: Base plastic resin must be first quality linear low density polyethylene supplied by a national petrochemical producer. Please list supplier: Exxon Bidder must submit technical data sheet(s) from the resin producer, which verify that the resin to be used in the container body will meet the following minimum property levels: ESCR - > 1000 hrs 0 Elongation - > 1000% Density - 0.937-0.940 RESIN ADDITIVES: The plastic resin must be enhanced with color "YES NO pigment and ultraviolet inhibitor, which must be uniformly distributed throughout the finished container. To ensure thorough distribution of these additives, the resin and additives must be mixed in a molted state using a hot -melt compounding process. Bidder must submit a statement certifying that all of the plastic resin and additives will be hot -melt blended. CONTAINER REQUIREMENTS: The rollout containers must be "DES NO compatible with standard American semi -automated bar -locking lifters (ANSI type B) as well as automated arm lifters (ANSI type G) and function as follows: ANSI CONFORMANCE: Containers bid herein must meet the requirements of ANSI Z245.30-1999 and ANSI Z245.60-1999 standards for "Type B/G" containers. Bidder must submit independently certified copies of all ANSI test results with bid. Test results must state load (in pounds) under which tests were conducted. The load under which the tests were conducted must be the same as the load rating stated in all literature and specifications. The ANSI Appendix D test for "Loading and Unloading Test for Carts" must clearly state that the required 520 dump cycles under the cart's full rated load were performed on both a Semi -Automated Cart Lifter and a Fully Automated Grabber Arm. LOAD RATING: Containers must be designed to regularly receive -,S /'NO and dump the following pounds of waste materials, excluding the weight of the container, without permanent damage or deformation. The load rating must conform with ANSI Standard Z245.30. 96 Gallon — 335 pounds Bidder must submit its normal printed color sales brochure which shows the exact product item bid and the corresponding load rating. Bidder must mark the location of the load rating on the brochure with a bold red arrow so as to aim directly at the load rating. Load rating stated on literature must exactly match all specifications, ANSI certification submitted with bidder's proposal, and the load rating permanently marked on the product. 96 Gallon: STATE LOAD RATING - 3 3 5 pounds WEIGHT: The total weight of the fully assembled container shall be hS 'NO as follows: 7 96 Gallon — 32 pounds minimum STATE FULLY ASSEMBLED WEIGHT OF EACH SIZE — 96 Gallon - 35 .2 pounds CAPACITY. The total capacity of the container body, excluding the YIDS NO lid, must be 96 U.S. gallons (+/- 2%). Bidder must include an independent test result according to ANSI Z245.30, Appendix A (Volume Test), certified by an accredited professional engineer, showing the exact capacity of the cart body (to the nearest 0.1 U.S. gallon). 96 Gallon: STATE BODY CAPACITY - 9 6.3 6 U.S. Gallons DIMENSIONS: The exterior dimensions of the completely YES N assembled containers shall be as follows: 96 Gallon — Height: 43.25" STATE HEIGHT - _A3_" Length: 35.25" STATE LENGTH - 3 5 _ 5 0 Width: 29.75" STATE WIDTH - 29.75 " HANDLES: Each container must be equipped with two (2) handles, YES NO each a minimum of 1" diameter. The handles and handle mounts must be an integrally molded part of the container body. The handles shall be designed to afford the user positive control of the loaded cart at all times. The handles must not have the ability to rotate on their own axis at any time. Handles which are molded as part of the lid are unacceptable. Bolted -on handle mounts or bolted -on handles are unacceptable. LID: The lid shall be configured to ensure that it will not warp, YES NO bend, slump, or distort such an extent that it no longer fits the container properly or becomes otherwise unserviceable. The lid must be crowned in shape and designed to disallow entry of rain when in the closed position. The lid must open from a closed position through a full 270' arc. Living hinges and lid counter weights are unacceptable. Lid latches are unacceptable. The rim must also include a ledge on which the lid rests to create a tight seal between body and lid. BOTTOM: The bottom of the container must have a molded -in wear EYE' NO strip to protect against dragging. Container base must be impact resistant at all points (four corners and the center) of the base for durability. Screw -on, bolt -on, or pop -on wear guards are unacceptable. WHEELS: Wheels shall be 10" diameter and 1.75" wide with YES NO knobby treads. Wheels must be extra high molecular weight polyethylene capable of supporting 200 pounds per wheel. AXLE: The axle must be 5/8" diameter zinc chromate plated solid (ONO high strength steel fully supported by cart body. Axle must slide through two molded -in plastic journals in the cart bottom and must not be exposed to contents inside of container. Each molded -in axle journal must be at least P wide. Axles attached by means of bolts or rivets are unacceptable. STABILITY. Each container shall be stable and self -balancing when YES' NO in the upright position, either loaded or empty. The container must be designed to withstand winds of up to 25 mph when empty. Containers must be easy for a citizen to tilt to the roll position when fully loaded while keeping both feet on the ground. Any container which is judged as too difficult to tilt when loaded with 335 pounds (96 Gallon) of material will be disqualified. Containers that require a foot fulcrum to assist in tilting the container are unacceptable. LIFT SYSTEM: Each container shall be equipped with attachment YES NO points which make it compatible with standard American semi -automated bar -locking lifters and fully -automated arm lifters. The upper lift point must be integrally molded into the body of the container. The lower lift bar must be designed to withstand over ten (10) years of lifter attachment, and must be 1" diameter galvanized steel. It must freely rotate a full 360' on its own axis. The lower bar must be mounted in molded -in plastic bearings so that it is not exposed to the contents inside the container. The lower bar must be factory installed and cannot be attached by means of rivets, screws, bolts, fasteners, etc. Containers with bolted on lower bars or plastic lower bars are NOT acceptable. COLOR — The container body color shall be Greenstone, or tan to DES NO match our existing carts. Bidder must supply sample chips of the colors available with their bid. Surface treatments, spray -on finishes and materials that are not homogenous are not acceptable. Color will be determined at the time of order. Required assembly limited to lids and wheels. �E' NO MARKINGS: Each container must be permanently marked with YE NO letters/numbers, as follows: SERIAL NUMBERS: Each container must have a serial number hot stamped in white on the front face of its body. The serial number shall be preceded by a letter or number code which designates the year of manufacture. Serial numbers shall be in sequence beginning with a number designated by the City. The bidder will maintain a file that will identify the date of manufacture by the serial number. RFID tags compatible with Desert Micro Software be included. kYNO CITY SEAL: The Seal of the City of South Bend shall be hot YWNO stamped onto both sides of the cart body. Street side of containers shall be marked NO PARKING. USER INSTRUCTIONS: Instructions for the safe use of the YES NO container must be molded into each lid. Instructions shall be in both English and Spanish. LOAD RATING: The load rating of the container must be E NO raised -relief molded into the lid. Load rating shall be stated in both pounds and kilograms and in English and Spanish. EXPERIENCE: Il YES REFERENCES: Bidder must submit with its bid a reference list of municipalities currently using the bidder's products. The list must include at least ten (10) municipalities who currently have at least 20,000 carts in service. Include the name of the municipality, year of installation, contact person, phone number, and quantity for each reference. Failure to include these references will result in bid disqualification. WARRANTY: Bidder must submit with bid a document which K YES I NO clearly states the exact warranty of the bidder. The warranty must be for no less than ten (10) full years and must specifically provide for no -charge replacement of any component parts which fail in materials of workmanship for a period of ten (10) years after installation. The bidders warranty is understood to include, whether stated in bidder's warranty or not, the following coverage: Failure of the lid to prevent rain water from entering the container when in the closed position. Damage to the container body, lid, or any component parts through YES 'NO opening or closing the lid. Failure of the lower lift bar from damage during interface with YES NO lifters. Failure of the body and lid to maintain their original shape. YES NO 10 Damage or cracking of the container body through normal operating k9 - NO conditions. Failure of the wheels to provide continuous, easy mobility, as 6O originally designed. Failure of any part to conform to minimum standards as specified c':15 NO herein. If bidder is owned by another business entity, then the owning entity DES NO must also accept full financial responsibility for the warranty of the bidder. The bidder must submit with their bid a letter from the owning entity which clearly states its obligation and commitment to honor the warranty of the bidder, should the bidder ever be in a position to not do so. Such letter shall be signed by the owning entity's top officer and notarized. Warranty specimen of exact warranty offered must be included with Y1S NO proposal. LEGAL OR ADMINISTRATIVE SETTLEMENTS: The cy:lis)i NO manufacturer of the cart must submit the name, contact name and telephone number for each government or agency with which it has had a legal or administrative settlement of warranty, cart failure claims or contract performance within the last five (5) years including ongoing negotiations of settlement. Include a brief summary of the settlement or indicate if a "gag order" was imposed, and by whom it was ordered. This information must be provided on a separate page entitled "Legal or Administrative Settlements." QUANTITY PRICING: 19DNO 6,000 more or less 96 gallon or 48 gallon in combination containers over a 24 month period. Vendor to guarantee pricing for a 24 month period from date of bid award. DELIVERY: Max 90 days. Vendor to state approximate delivery 1D NO time from bid award. MISCELLANEOUS: Must provide sample within two weeks of bid 'DES NO opening. Delivered to: 3113 Riverside Drive, South Bend, IN 46628. Price I S 'NO to include all freight costs. 11 BID/PROPOSAL CITY OF SOUTH BEND BID NAME Spec B — Six Thousand (6,000) More or Less Universal/Nestable Refuse Containers FOR BIDS DUE March 24. 2020 9:30 a.m. Description Make/Model Unit Price EVR-2 Item Est. No. Qty. Item Unit Price Total 1 TBD 96 Gallon Universal/Nestable Refuse $4 3 . 10 $ Container Complete 4 3. 10 � Manufacturer: 2 TBD 48 Gallon Universal/Nestable Refuse $ $ Container Complete 36.28 36.28 ManufacturenT o t e r Bidder (Firm): Best E ui ment Co. Inc. Address: 5550 Poindexter Dr. City/State/Zip: Indianapolis, IN 46235 Telephone Number: Fax Number: 317-82303050 17823-360_ BOARD OF PUBLIC WORKS Gary A. Gilot, President Z 12 (Signature) Maria Dahlmann r (Printed Name) Secretary/Treasurer (Title) Therese J. Dorau, Member Elizabeth A. Maradik, Member Joseph Molnar, Member Jordan Gathers, Member 13 Attest: Linda M. Martin, Clerk CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS 1. BID FORMS AND EXECUTION A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do so will be at the Bidder's risk. B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required. C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership or joint venture, the name and post office address of each member of the partnership or joint venture must be shown. If made by a corporation, the Proposal must be signed by an officer of the corporation or by a representative duly authorized by the corporation to execute the Proposal in its behalf. 2. SEALED BIDS ONLY A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed envelope marked on the outside with the general classification of material bids, i.e. "Bid for Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies." B. When samples are required, such samples shall be delivered or shipped at the bidder's expense to the address specified in the Invitation to Bid. Samples must be shipped separately from bid documents and labeled clearly with the Bidder's name, address and the commodity or equipment classifications and documents, the item (and item number, if any), and Material Safety Data Sheets (if applicable). All samples must be representative of the commodities or equipment which will be supplied by the successful Bidder. All samples will become the property of the City of South Bend and none will be returned, unless otherwise stated in the Specifications. C. In the event of an inconsistency between provisions of the contract documents, the inconsistency shall be resolved by giving precedence in the following order: 3. ORDER OF PRECEDENCE, A. Bid Form attached Proposal B. Amendments to Specifications C. Specifications D. Special Provision E. Instructions to Bidders F. Notice to Bidders DELIVERY OF BIDS A. Bids must be delivered to the Office of the Board of Public Works, 13th Floor, County -City Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally, the sealed envelope containing the Bid must be mailed to the following address: City of South Bend Clerk of the Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 14 B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The City will not be responsible for deliveries. Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a serate,aied envel with the env to e cigarly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid based on being non -responsiveness should such bid not conform to these requirements as listed herein or if a bid cannot be delivered in a manner consistent with the needs of the City. ADDENDA — NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. 6. REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES, INCOMPLETE BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. 7. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. If an Option is included within these specifications, please be advised that, optional items placed in the specifications are to determine the best configuration of the item within a budgeted amount and may be included in the award criteria. If the Board elects to award one or more option(s), the base bid price and the option bid price(s) will be totaled and 15 compared for all bidders offering the final configuration. Award will be made based on the lowest responsible/responsive bid prices submitted for the base bid with the selected option(s), if applicable. Failure to submit a bid on an option may result in the entire bid being non -responsive, depending on the final configuration of the product. The Board may reject any bid that does not conform to these requirements as non -responsive. 10. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 11. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 12. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 13. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 14. AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 15. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 16. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 17. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 18. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. 16 19. SOURCE OF SUPPLY A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub -contractors must be identified. 20. PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 21. INSPECTION OF GOODS A. The City of South Bend reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, may be given at any time within one year after discovery of the defects. B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. D. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code. 22. ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest in the Contract without the consent, in writing, of the City. 23. CANCELLATION A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct on the part of the Contractor. 24. DEDUCTION OF DAMAGES A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 25. METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 26. OWNERSHIP OF GOODS, A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend. 17 2.7. ESTIMATED QUANTITIES A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 28. TERM "ORE UAL" A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the Specifications. 29. INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by the Bidder or because or arising out of any defect in the goods, materials or equipment supplied by the Bidder. NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening time and date. 18 (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 thefollowing: (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 or a purchase ea' ected h = the Eurchasing agency to beat least $100,000. Date: Pursuant to I.C. 5-22-15-20.9, preference for Project South Bend, St. Joseph County, Indiana. 1 The location of the principal place of business is claims a local Indiana business (Project # ) located within the City of (Address) St. Joseph County, Indiana The following county located adjacent to St. Joseph County, Indiana: The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St. Joseph County, Indiana or the adjacent county noted above. The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted above. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL 512CIA L &FLCLRfTY NUMOU& Dated this day of 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title El ■ Bond No. 6128066 Bid Bond KNOW ALL PERSONS BY THESE PRESENTS, that we BEST EQUIPMENT CO INC 5550 POINDEXTER DRIVE INDIANAPOLIS, IN 46235 as Principal and Federated Mutual Insurance Company , a corporation, organized and existing under the laws of the State of Minnesota and having its principal place of business at 121 East Park Square, PO Box 328, Owatonna, MN 55060, as Surety, are held and firmly bound unto CITY OF SOUTH BEND 227 W. JEFFERSON BLVD SOUTH BEND, IN 46601 in the sum of 10% OF THE BID Dollars ($ as Obligee, for payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for SIX THOUSAND UNIVERSAL/NESTABLE REFUSE CONTAINERS NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract; or if the Principal shall fail to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 24TH BY: day of MARCH 2020 IPMENT CO INC 'n al)_ _ Marta Dahlmann, Secretary/T1 as rer F erated Mutu l Insurance Comp ny BY: °n 4ANZE FISHER ;alarr4y ardMak AF-30M Ed. 10-18 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FEDERATED MUTUAL INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Owatonna, State of Minnesota, does hereby constitute and appoint: JANICE FISHER of the City of OWATONNA of _ MINNESOTA its true and lawful attorney for the following purposes: State To sign its name as surety to, and to execute, affix the seal, acknowledge and deliver any and all surety bonds and penalties not exceeding: ONE HUNDRED THOUSAND DOLLARS ($100,000) EACH BEST EQUIPMENT CO INC INDIANAPOLIS. IN The execution of such bonds or undertakings in pursuance of these presents shall be binding upon the Company as if they had been executed and acknowledged by the regularly elected officers of the Company. This Power of Attorney granted by Federated Mutual Insurance Company shall terminate when the designee ceases to be: 1) Employed by Federated Mutual Insurance Company or 2) Employed by Federated Mutual Insurance Company in a job for which such Power of Attorney is required. IN WITNESS WHEREOF, the said FEDERATED MUTUAL INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its Executive Vice President and Assistant Secretary this the 1ST day of FEBRUARY -A 2020 FEDERATED MUTUAL INSURANCE COMPANY BY (SEAL) Executive Vice President and BY As, " tent Secretary STATE OF MINNESOTA COUNTY OF STEELE On this 1ST day of FEBRUARY, 2020 personally appeared before me, the undersigned notary public, Jmc A. Tlton and Jonathan R. 1-Janson to me personally known, who, each being duly sworn by me, did say that they are respectively the Executive Vice President and Assistant Secretary of the FEDERATED MUTUAL INSURANCE COMPANY and that the'seal affixed to this instrument is the corporate seal of said Corporation and that this instrument was signed and sealed of behalf of said Corporation by authority of its Board of Directors and said Jgmes A. Thopil and..lonathan R. Hanson acknowledge said instrument to be the free act and deed of said corporation. KELLY J. HAGEN MINNESOTA (SEAL) a My CnnidabnEgftsJan. 81 2025 �° COPY OF RESOLUTION "BE IT RESOLVED that the President or any Vice President in conjunction with the Secretary is hereby authorized and empowered under the corporate seal of the Company, to appoint any person or persons as attorney or attorneys -in -fact, or agent or agents of the Company, in its name and as its act to execute and deliver, anywhere in the United States or Canada, any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require." "BE IT FURTHER RESOLVED that the Power of Attorney or other document appointing such person or persons as attorney or attorneys -in -fact or agent or agents of the Company may either be personally signed by the President, any Vice President, the Secretary or may be executed by said officers by means of facsimile signatures. The said personal signatures or facsimile signatures shall not require the Company seal or any other seal and shall be valid and binding on the company if executed either by personal signature or facsimile signature and with or without the Company seal being affixed thereto." I, the undersigned, hereby certify that I am a Executive Vice President of the FEDERATED MUTUAL INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Minnesota and that the foregoing is a true and complete copy of the original Power of Attorney given by said Company to: JANICE FISHER of OWATONNA, MINNESOTA authorizing and empowering such person to sign bonds as therein set forth, which Power of Attorney has never been revoked and is still in full force and effect. I further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company duly called and held at the office of the Company in the City of Owatonna, Minnesota on the 20" day of April, 19 82 at which meeting a quorum was present and that the foregoing is a true and correct copy of said resolution, and the whole thereof as recorded in the minutes of the said meeting. PURSUANT to the By -Laws of Federated Mutual Insurance Company, Article 8, Section 1; in the absence of or inability of the Secretary to act, his duties shall be performed by the Assistant Secretaries in the order of their rank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the FEDERATED MUTUAL INSURANCE COMPANY this the 24TH day of MARCH _ _, 2020 , (SEAL) FEDERATED MUTUAL INSURANCE COMPANY xecut)i Vice President Company ID Number: 457191 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. Employer Best Equipment Company inn. Maria Da Mina in panne (Please Type or Print) Title i lectron tally BFc rr ... _ m 1011712011 gna ru�re ate `mepartment of Homeland Security -- Verification Division , SSCIS Verification Division NamePleese`f _�... .�....- i yp or Prtr�CiTitle Electronically 'tot/17/2011 lgnatur _ Information Required for them -Verify Programm i ,Information relatln to yol r Cornaal/..,_:_... tom p9 Marne Best Equipment Company Inc, . 6'6a Poindexter Drive ornpany_Facillty Addresso _.. Indianapolis, IN 46235 Company Alternate Address: Parish: MARION Employer Identification Number: 351097776 Page 12 of 13 1 E-Verify MOU for Employer l Revision Date 09/01/09 www.dhs.gov/E-Verify Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Maria C Dahlmann Telephone Number: (317) 823 - 3050 Fax Number: (317) 823 - 3060 E-mail Address: mariadahlmann@bestequipmentco.com Page 13 of 13 1 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify Spec B - Six Thousand (6000) More or Less UniversallVestabie Refuse Containers March 24, 2020 Exception Sheet 1. US Steel - This bid does not guarantee the use of US Steel for the stop -bars and hardware required to build these refuse containers. Thank you for the opportunity to bid refuse containers with the City of South Bend. If you have any questions regarding this submission and its contents, please call or email Ben Wanner at the information listed below. Sincerely, Ben Wanner Best Equipment Co. Inc. 260-450-0328 benwanner@bestequipmentco.com BUILT FOR EXTRE ES" Toter, LLC Legal or Administrative Settlement Name of Government Agency: Contact Name: Contact's Phone Number: City of Westland, Michigan Devin Adams 734-467-7920 In 2015, Toter, LLC notified the City of Westland, MI that a limited number of carts were adversely affected by a batch of resin that did not meet Toter's quality production standards. Toter agreed to expedited replacement of the affected carts and to reimburse the City of Westland for its associated costs. March 18, 2020 Ms. Linda M. Martin Clerk Board of Public Works City of South Bend 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 RE: Best Equipment — Toter, LLC Authorized Dealer Dear Ms. Martin, Best Equipment is an authorized Toter, LLC residential container dealer for the State of Indiana. Best is adept at handling customer needs and warranty claims. If the City has questions regarding this status for Best Equipment, please feel free to contact me at (800) 424-0422, Ext 257, or kclark@toter.com. Sincerely, a, �<' CLP,—, Kellie K. Clark Sr. Manager of Bids and Contracts Toter, LLC 800-424-0422, Ext 09584 or 704-768-2584 Email: kclark@toter.com rr • .MUNICIPAL REFERENCES March 2020 Municipality Akron State OH Customer Since 2O06 Contact Robert Harris Phone (330) 375-2801 Cleveland OH 2O07 Paul Alcantar (216) 664-2154 Columbus IN 2005 Jim Norris (812) 376-2563 Dayton OH 1990 Fred Stovall Melody Walls (937) 333-4073 (937) 333-4829 East Chicago IN 1998 Orlando Santos (219) 391-8464 Fort Wayne Hobart IN IN 2005 2011 Matt Gratz John Dubach (260) 427-5796 (219) 942-6121 Lafayette IN 2015 Tim Bullis (765) 807-1345 Muncie IN 2000 Phil Reagon (765) 745-4865 TOTER® EVRTM II UNIVERSAL/NESTABLE MODEL 79296 PRODUCT SPECIFICATIONS Cart body is rotationally molded, first quality LMDPE as produced by a primary manufacturer such as Exxon. Cart lid is molded with equivalent polyethylene materials (HDPE). Material is certified to contain a proprietary blend of ultraviolet stabilization and color hot -melt compound. CART LID: Lid is attached securely to the body by two molded polyethylene hinges permanently attached to the lid. Rotates 270' with no interference. Lid is domed to facilitate run-off of water. Lid fits closely on top rim of ca rt. LID MARKINGS: Lid is imprinted with "Instructions" and "Indications and Contraindications" in English, French and Spanish. CART BODY: Handle is an integrally molded part of the cart body. External handle diameter is 1.25". One-piece handle features comfortable and convenient gripping areas. Handle is 100% part of cart body, allowing cart to be used safely without lid if necessary. Handle includes center support molded in cart body. Top of cart body features Toter's patented Rugged Rim® for extra rigidity and tight lid fit. Container bottom features multiple bottom chimes (wear strips) for maximum abrasion protection. Stop bar is 1.0" diameter, zinc plated steel tubing and is factory installed. Stop bar rotates 360 degrees inside molded plastic journals in the cart body during cart pickup to prevent bar damage. Integrally molded upper lift point serves as pick up point and pull handle. Axle is 5/8" diameter zinc plated solid high strength steel fully supported by cart body. Axle slides through two molded plastic journals in the cart bottom. No bolts or rivets are used for axle mounting. Wheels are 10" x 1.75" (nominal), blow molded wheels with knobby treads, high density polyethylene. Minimum RMA load rating of 200 pounds per wheel. Wheels are retained with galvanized steel drive on pal nuts. BODY MARKINGS: Custom sequential serial numbers permanently hot stamped in White, l%" high on front of cart body with sequence from the city. Toter logo in raised marking with no color. NESTABILITY: Nestable design allows FULLY ASSEMBLED carts to be stacked one inside another for storage and delivery efficiency and cost savings. COLOR: Ultraviolet stabilized, non -fading standard colors in Tan (#240), Green (#940), Blue (#705), Brown (#270), Gray (#125) or Black (#200). Special Granite colors for body (solid standard color lid) are also available for an additional charge — Sandstone (#249), Brownstone (#279), Graystone (#129), Dark Gray Granite (#149), Bluestone (#709), Navy Granite (#769), Greenstone (#968), Toter Green Granite (#929) and Blackstone (#209). DIMENSIONS: Model 79296 Length: 35.50" Width: 29.75" — Fits through gates and doors Height: 43.50" CAPACITY: Volume is 96.36 US Gallons, body of containers only. FINISHED WEIGHT: Fully Assembled — 35.2 pounds. LOAD RATING: Conforms with ANSI Standard Z245.30, which limits maximum load rating to 3.5 pounds per gallon. Load Ratings 335 lbs. WARRANTY: Container body is covered by a twelve (12) year warranty, and all other cart components are covered for ten (10) years. STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 PHONE (704) 878-2996 FAX (704) 878-8887 June 6, 2008 Ms. Kellie Clarke Toter, Inc. 841 Meacham Road Statesville, NC 28677 RE: Cart Testing ANSI Review Dear Ms. Clarke: At your request, I reviewed the ANSI Z245.30 Standard for Equipment Technology and Operations for Equipment Technology and Recyclable Materials — Waste Containers — Safety Requirements revised in 2008. The previous version was issued in 1999. The purpose of the review was to determine what differences, if any, exists between the two versions. The review was limited to the sections concerning two -wheeled carts and their testing, Section 7.2.4 and the accompanying Appendixes. The only differences found were in the way the different measuring units were presented. The 1999 version placed the metric units of measure first followed by the customary units in parenthesis. The 2008 version switched these numbers so that the metric units are last and in parenthesis. Since there is no real change in the standard, all Toter carts tested to the previous 1999 ANSI version still conform to the new ANSI 2008 Standard Cart tests. Thank you for allowing me to be of service to you. If I may be of further assistance, please let me know. Sincerely, y Steve" L. Knight, PE STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF VOLUMETRIC LOADING CAPACITY "EST TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART BODY PART NO.79296 eM ANSI Standard Z245.30-1999 Appendix A RESULTS: Passed The volume contained in the body is 96.36 gallons. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, Steve L. Knight, PE V4 CAS /0 paw "V SEA 157 �� 0 °" STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF SLOPE STABILITY TEST TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 ANSI Standard Z245.30-1999 Appendix B Test Loading: i) Empty cart, and ii) Filled cart with 335 lbs. RESULTS: Passed COMMENTS The cart remained stable in all four directions. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 29, 2002 and was conducted according to the procedures described above. Respectfully submitted, Steve L. Knight, PE < H Cq°� �y'S ✓n RM d' AM �eAL 15 qq� pp � �mm 0400" STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF DURABILITY DURING PULLING TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 ANSI Standard Z245.30-1999 Appendix C Test Loading: i) Empty cart, and ii) Filled cart with 335 lbs. RESULTS: Passed COMMENTS The handle maintained its integrity. The lid opened and closed completely. The axle remained straight and rolled true. The molded -in axle journals maintained their shape and integrity. The wheels retained their shape and rolled true. The container remained completely functional. I hereby certify that the preceding test represents a test I witnessed on August 13, 2002 and was conducted according to the procedures described above. ��f�G##g Respectfully submitted, 1' oe o'"f� rNA CAt?o 44. , SEAL Steve L. Knight, PE 915 .. STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF LOADING AND UNLOADING TEST TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 1 ANSI Standard Z245.30-1999 Appendix D Test Loading: Filled cart with 335 lbs. RESULTS: Passed (semi -automated dumping) COMMENTS A Toter Trimlift II cart dumper was used to dump the cart with a load of 335 pounds. The cart's lifting saddle retained its shape and fit well on the dumper. The steel stop bar remained straight and free to rotate. The molded -in stop bar journals retained their shape and integrity. The cart retained its shape and remained completely functional. I hereby certify that the preceding test represents a test I witnessed from August 26 - 28, 2002 and was conducted according to the procedures described above. Respectfully submitted, 9&Xe-11,012 Steve L. Knight, PE IVA' CA /0��� SEAL, ' 9157 M�y� A�. STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF LOADING AND UNLOADING TEST TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 TEST METHOD ANSI Standard Z245.30-1999 Appendix D Test Loading: Filled cart with 335 lbs. RESULTS: Passed (automated dumping) COMMENTS An automated cart dumper was used to dump the cart with a load of 335 pounds. The cart's gripping area continued to fit well on the dumper after completion of test. The cart remained completely functional. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed from August 26 - 28, 2002 and was conducted according to the procedures described above. Respectfully submitted, � �0iA0 0P,po � Steve L. Knight, PE SEAS., sty �.� q- lkivoo STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF CENTER -OF -BALANCE POSITION . .. TEST - TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO. 79296 TEST METHOD ANSI Standard Z245.30-1999 Appendix E Test Loading: Filled cart with 335 lbs. RESULTS: Passed COMMENTS The average height of the handle was 33 1/8" above the ground at its center of balance position. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. VA Respectfully submitted, C� kuli0•� SEAt, w Steve L. Knight, PE , 15 a °*00 Y d . STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF FORCE TO TIP TEST TOTER0 96 GALLON EVR 11 UNIVERSAL NESTABLE CART PART NO. 79296 TEST METHOD ANSI Standard Z245.30-1999 Appendix F Test Loading: Filled cart with 335 lbs. RESULTS: Passed COMMENTS The cart was tipped toward the point of balance with an average force of 67.6 pounds. CERTIFICATION hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted + " CA 0C SEAL' Steve L. Knight, PE 9157 �,P6.4° STEVE L. KNIGHT, PE 1507 MT. VERNON AVE STATESVILLE, NC 28677 (704) 878-2996 CERTIFICATION OF LICE TEST TOTER® 96 GALLON EVR II UNIVERSAL NESTABLE CART PART NO.79296 ANSI Standard Z245.30-1999 Appendix G RESULTS: Passed The cart lid (part number 96796) remained closed and did not collapse into the cart. The lid did deflect temporarily while loaded. CERTIFICATION I hereby certify that the preceding test represents a test I witnessed on August 1, 2002 and was conducted according to the procedures described above. Respectfully submitted, CAq ���IN�IP yM°r`y �tl�,pA,iy ��NMVW MYMp M�+� "�.0ss/,"f 0"" SEAL. Steve L. Knight, PE 9157 . GIN;"�°�+""" ...... "A IN N ~ Q M cn MA 0 RE I--- qqT fN- o V ` v J a � Q � C � i o � Q � Lj Q v = o � � v c Lij z v o C> N o Q , W C-D J J QJ y �CC C V O c0 h Qo o v N � CD LO M M I � A — rWkk N rVrk V Liz 71, l �Q� �t il� i �1� t, F" �y Toter, LLC blends linear medium density polyethylene with UV stabilizers and colorant using hot -melt compounding extruders at its rotational molding plants. The use of this process ensures thorough distribution of these additives throughout the cart. This certifies that all cart bodies and lids supplied by Toter, LLC will be composed of this hot - melt compounded plastic. 3/20/2020 La ra P. Hubbard, Director of Municipal Sales tw E*,,pnMobil Exxon o i Linear Low Density Polyethylene LL-8400 Series rotational Molding Grades Description ExxonMobil LL-8400 series are linear medium density polyethylene resins that provide outstanding environmental stress crack resistance. They are well suited for the rotomolding of parts that require a combination of good flow characteristics, stiffness and good low temperature toughness. Typical Applications • Septic tanks • Chemical storage bins • Rotomolded pallets • Potable water tanks LL-8401 Base resin with oxidation protection only in pellet form. LL-8460 Fully formulated long term UV stability package in pellet form. LL-8461 Fully formulated long term UV stability package in ground form. Resin Properties Test Based On' Unit Typical Value' Melt Index Density ASTM D-1238 ASTM D4883 g/10 min. g/cm3 3.3 0.938 Melting Point ExxonMobil Method °C 126.5 Molded Properties' Yield Tensile Strength ASTM D-638 MPa (psi) 17.9 (2,600) Elongation @ Break ASTM D-638 % 765 Flexural Modulus, 1% Secant ASTM D-790 MPa (psi) 613 (89,000) Impact Strength Max. Force @ - 40°C, 1/4" thickness Environmental Stress Crack ARM ASTM D-1693 ft-lbs hr 145 > 500 Resistance, F50 Condition B Heat Distortion Temperature ASTM D-648 °C 66 psi 52.5 264 psi 40 1. Values given above are typical and should not be used as specification limits. 2. All physical properties were measured on rotomolded specimens. 3. Tensile testing was conducted at a crosshead speed of 50 mm/min. The tensile strength reported refers to the maximum load reached during the test 4. ASTM test procedures may be modified to accommodate operating conditions or facility limitations Food Packaging LL-8400 series grades are olefin copolymers which comply with FDA Regulations 21 CFR 177.1520 (c) 3.1 and 3.2, and may be used in articles which are intended to contact food. Health and Welfare Canada has no objection to the use of these resins in food packaging. The finished article is subject to certain additive -related volume (5 U.S. gallon minimum) and temperature (Maximum: 150°F (U.S.) or 120°F (Canada)) restrictions. Contact your ExxonMobil representative to review specific applications. AMERICAS - 9/99 ©2000 ExxonMobil. The user may forward, distribute, and/or photocopy this copyrighted document only If unaltered and complete, including all of its headers, footers, disclaimers, and other information. You may not copy this document to a Web site. ExxonMobil does not guarantee the typical (or other) values. Analysis may be performed on representative samples and not the actual product shipped. The information in this document relates only to the named product or materials When not in combination with any other product or materials, We based the information on data believed to be reliable on the date compiled, but we do not represent, warrant, or otherwise guarantee, expressly or Impliedly, the merchantability, fitness for a particular purpose, suitability, accuracy, reliability, or completeness of this information or the products, materials, or processes described:, The user is solely responsible for all determinations regarding any use of material or product and any process in its territories of interest. We expressly disclaim liability for any loss, damage, or injury directly or indirectly suffered or incurred as a result of or related to anyone using or relying on any of the information in this document. There is no warranty against patent Infringement, nor any endorsement of any product or process, and we expressly disclaim any contrary Implication, The terms, "we", "our", "ExxonMobil Chemical', or "ExxonMobil' are used for convenience, and may include any one or more of ExxonMobil Chemical Company, Exxon Mobil Corporation, or any affiliates they directly or indirectly steward. The ExxonMobil Chemical Emblem and the "Interlocking x" Device are trademarks of Exxon Mobil Corporation. All L� L I E Ng SQUIGGLE(Hislas TM The Alien Technology° ALN-9740 Squiggle° is a high-performance, general- purpose RFID inlay for use in a wide variety of applications. Brings all the HiggsTM 4 advantages to highly -regarded "Squiggle" Inlay. Applications * Volume Retail/Apparel Warehouse Management Enterprise Wide Asset Tracking Challenging Materi- Management als and Objects 7Onethe most widely -used general- Well -proven design for a broad range of Robust, proven, and reliable. Designed e tags, now with an optimized worldwide applications. Optimized 448 to drive down the cost -of -ownership y footprint. bit memory footprint for volume and while increasing efficiencies of RFID enterprise applications. solutions in large enterprises. One of the best performing general-pur- Optimized for high performance in all Trusted performance now even further pose tags on the market, now with next world regions. HiggsTM 4 further enhanc- enhanced, enabling robust encoding and generation HiggsTM 4 performance. es read and write sensitivity. reading, even in challenging conditions. Designed to work well in challenging A very robust general purpose tag. Reliable in challenging environments. dielectric environments. Features: b Designed to meet EPCglobal Gen2 (V 1.2.0) and ISO/IEC 18000-6C Worldwide operation in the RFID UHF bands (840-960 MHz) 448-Bits of NVRAM Memory • 128-EPC Bits • 128 User Bits • 64 Bit UniqueTlD • 32 Bit Access and 32 bit Kill Passwords Pre -Programmed with a unique, unalter- able 64-bit serial number User Memory can be Block Perma- Locked as well as read password pro- tected in 32 Bit Blocks Low power operation for both read and program Dynamic Authentication TM - anti -cloning/ anti -counterfeit technology Exceptional operating range, up to 11 m with appropriate antenna. Available in high -yield, high capacity dry/ wet inlay rolls Product Overview: Powered by Alien°'s volume focused HiggsT114 UHF RFID IC and innovative Squiggle antenna design, the ALN-9740 delivers industry leading EPC Gen 2 performance and reliability at a competitive price. ALN-9740 inlays are Wor/dTagcompliant, enabling consistent operation across the diverse frequencies of the Americas, Europe, Middle East, Asia, and Africa. With its Higgs-4 core, the Squiggle delivers next generation performance and a rich feature set, yet is completely optimized for the highest volume enterprise, retail, and apparel applications. An optimized memory footprint includes a 32-bitTID, a 64- bit UniqueTlD for authentication and next generation serialization applications, a 128-bit EPC memory bank, 128-bits of user memory for distributed data applications, and password protected read and write support capabilities to prevent unauthorized viewing and modification of the tag's data. Typical applications for the Squiggle include, but are not limited to, corrugate cases, pallet placards, apparel hang , tags, baggage tags, shipping labels, asset rf�aP"a em nt, � and file folder labels. UMLLWM��� Antenna Width Antenna Length Web Width (-R) Web Width (-SR) Web Pitch Core Width (-R) Core Width (-SR) Core ID Core Material Interleaf Material Interleaf Width Inlays per Roll Maximum Roll OD Roll Labeling Data Inlay Width Inlay Length Web Width Web Pitch Core Width Core ID Core Material Inlays per Roll Maximum Roll OD Roll Labeling Data White (-WRW) Overlay Adhesive (-WRW) Inlay Adhesive Adhesive Application Temperature Adhesive Service Temperature Release Liner 3.732" [94.8mm] 0.319" [8.1 mm] 4.252" [108.0mm] 3. 74" [9 .4mm] 0.625" [15.875mm] 4.252" [108.0mm] 3.874" [98.4mm] 6" [152.4mm] Fiberboard Paper 1.5" [38.1 mm] 20,000 Nominal < 12" [304.8mm] Roll , Quantity 3.866" [98.2mm] 0.484" [12.3mm] 3.992" [101.4mm] 0.625" [15.875mm] 4,752" [120.7mm] 6" [152.4mm] Fiberboard 20,000 Nominal < 16" [406.4mm] Roll , Quantity TT Printable White Film Overlay General Purpose Permanent General Purpose Permanent Shelf Life Storage Limits Operating Limits Bend Diameter Pressure Drop Resistance Write Cycles RoHs REACH ESD - HBM / CDM Integrated Circuit EPCglobal Certificate Operating Frequency EPIC Size User Memory TID Unique TID Access Password Kill Password 2 years at +77'F [+25'C] @ 40%RH +77'F [+25'C] @ 40% RH -13®F to 122'F [-25'C to +50'C] 20% to 90% RH Non -condensing -40OF to +1580F [-40'C to +70°C] 20% to 90% RH Non -condensing > 1.97" [50mm] < 5N/mm2 Per ASTM D5276 100,000 @ 25°C 2002/95/EC Compliant 1907/2006/EC Compliant > 5.OkV / > 1.5kV ISO/IEC 18000-6C EPCglobal Class 1 Gen 2 Alien Higgs-4 950110126000001084 840-960 MHz 128 Bits 128 Bits 32 Bits 64 Bits 32 Bits 32 Bits Copyright Cc) 2012 Alien Technology Corporation.. All rights reserved, Alien, Alien Technology, the Alien Technology logo, FSA, Higgs, Dynamic Authentication, Quick -Write, Squiggle, and the Squiggle logo are trademarks or registered trademarks of Alien Technology Corporation in the U.S. and other countries. HANDLING PRECAUTIONS Observe standard handling practices to minimize ESD. DISCLAIMER Application recommendations are guidelines only - actual results may vary and should be confirmed. This is a general purpose product not designed or intended for any spoaf ntppVia,tlutiurnt tl S roY +..v (,wi,ait M,1. "rr{nM 66ir 'frtliaM,l 1931101,, 1„71EU.' Q1 MIX.,y la+-IM W WN, Fhs. Sl) I11P Sh,. "lei II Sfl'J 15411'7,''SVi0.171Slrfri(+, 1."r6kUH!. '.1111211, 155,41+1r F 5.WIIM, 7554 IM1,7i5111.41. 71 471D I,'r542fGlf„ A prbOP "%P. 4µ� nwyyg3l Li,'�.r A,'+)ult 7VV'71l*,,. 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Alien Technology 18220 Butterfield Blvd. Morgan Hill, CA 95037 866-RFID NOW www. a I ie ntech no logy.conn 19 January 2012 Toter, LLC Legal or Administrative Settlement Name of Government Agency: Contact Name: Contact's Phone Number: City of Westland, Michigan Devin Adams 734-467-7920 In 2015, Toter, LLC notified the City of Westland, MI that a limited number of carts were adversely affected by a batch of resin that did not meet Toter's quality production standards.. Toter agreed to expedited replacement of the affected carts and to reimburse the City of Westland for its associated costs. Original Purchaser: Date of Purchase: MANUFACTURER'S DIRECT TWELVE/TEN YEAR WARRANTY RESIDENTIAL WHOLESALE/MUNICIPAL The following is a summary of Toter, LLC's updated limited warranty of its Two -Wheel Cart/Container— Residential Wholesale/Municipal. The complete limited warranty can be found in the Wastequip Terms and Conditions of Sale at: www.toter.com, the terms of which are incorporated herein, a hardcopy of which is available upon request. If this summary and the complete limited warranty documents conflict, the terms of this summary, where more narrowly defined, will control. Toter® Two -Wheel Cart/Container TOTER, LLC (Toter) warrants its wheeled Container, manufactured and sold by Toter, or by a Toter authorized distributor, to the original purchaser listed above for normal and intended use and service against operational failure caused by proven defective material or workmanship as follows: Rotomolded Container Body only —12 Years from the date of original purchase; all other standard components - 10 Years from the date of original purchase. This warranty equally covers Toter containers molded of either virgin resin or recycled content plastic materials. This warranty is expressly limited to any product parts which are proven to Toter's satisfaction to be defective in material or workmanship under this warranty. Parts determined to be defective by Toter shall be repaired or replaced at Toter's option. Repaired or replaced parts are warranted for the balance of the original warranty period of the original part. Repair or replacement is the sole remedy available under this warranty and does not extend the warranty beyond the original warranties set forth herein. This warranty is non -transferable and does not include freight. Specifically excluded from this warranty are labor and installation, alterations, damage due to negligent or abusive use, or normal wear and tear, including, but not limited to, those items listed on Schedule A (attached). Alterations, negligent, abusive, or specifically excluded use of container voids this warranty thereafter. In no event shall Toter be liable for incidental, special, punitive, liquidated, or consequential damages, for loss of product or time, for any delay in performance under this warranty or for claims of customers of purchaser. TOTER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR, SPECIFIED OR INTENDED PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, the exclusion or limitation of incidental or consequential damages, and any such limitations will conform these warranties thereto (Buyers may also have other specific rights which vary from state to state). TOTER, LLC Effective for qualified purchases on or after January 25, 2016 (Rev. 05/2016) ri �f r a//fir i SCHEDULE A Toter Containers are designed for storage, transport, and dumping of normal household residential solid wastes, recyclables, excluding circumstances in which the load rating would be exceeded. Following are descriptions of several situations where the warranty does not apply. Exclusion is not limited to these situations. EXAMPLES OF NORMAL WEAR AND TEAR: Scratches - normal use may cause scratches. Dirt, including accumulation of dirt or any other substance. Normal deterioration during service. Normal discoloration due to atmospheric exposure. EXAMPLES OF ALTERATIONS, NEGLIGENT OR ABUSIVE USE: Alteration of the original design, functionality or integrity of the Container * Cuts or scores from any source. Extraordinary impacts such as being hit by a vehicle. * Burns, scorches, melting, or any damage from excessive heat. Improper handling, including dropping stacks off delivery trucks, improper stacking, improper /excessive storage, forcing cart through narrow openings, allowing packer mechanism to hit cart or lid during dumping cycle, abrasion from excessive dragging, or cracks caused by improper handling or dumping. * Damage from automated grasper or semi -automated lifter, including any scratches, creases, cracks or breaks from a maladjusted, incorrectly operated, or improper automated grasper or semi -automated lifter. Includes any semi -automated lift speed faster than ANSI specifications for either the lift cycle or the down cycle. * Chemicals - being exposed to solvents, petrochemicals, paints, acids, or other chemical substance which damages plastic or metal parts. * Failure to follow instructions imprinted on cart parts (i.e., exceeding stated maximum load rating.) (Rev. 05/2016) WARRANTY CLAIMS PROCEDURE Recognized throughout the industry as The World's Toughest Carts1m, Toter carts are produced using a patented, stress -free molding technology known as Advanced Rotational Molding'"^. This manufacturing process results in tougher, more durable residential carts, backed by Toter with a 12 (twelve) year cart body warranty 10 (ten) years of coverage on all other cart components. This warranty is like no other manufacturer's warranty, industry -wide. Easy to use, and reliable, the warranty demonstrates how we confidently back our carts. Toter carts have the lowest industry failure rate and the lowest Total Cost of Ownership, with higher strength to weight ratio. As such, Toter is proud to offer customers our "hassle free" warranty claim process that will ensure an easy, equitable, and timely resolution to all warranty issues that arise. Because of the extremely low failure rate of Toter carts, you will find warranty issues to be minimal and easily resolved. The Warranty document is included in our submission information, along with a sample online claim form/instructions below. Warranty claim resolution and subsequent warranty replacement containers or components shipments are usually transacted within 60 days. To file a warranty claim directly with Toter, a link to an online Warranty Claim Form is provided: http://www.toter.com/municipalities/residential-warranty-form. This form should be completed entirely. In addition to completing this simple form, Toter requires photos of issues to be uploaded; Must include pictures that represent 10% of the parts claimed for warranty. Pictures must be of defective or damaged area on cart or lid. For body damage please take at least one picture of the serial number and one of the defect. The claim will be processed upon customer submission of the website claim form (see attached printout of the online form). Toter may, at its discretion, send a Toter Regional Manager or other personnel to review the damaged containers. Toter will notify you of its findings in writing via email, and if damage is not due to defective components, Toter may make recommendations to possibly prevent future damage to containers. However, in the event that mutual agreement cannot be reached, the matter will be referred to binding arbitration. WARRANTY FLOW & PROCESS TIMELINE 1. Submit Claim through normal process • Use link: https://www.toter.com/municipalities/residential-warranty-form • Warranty claim serial numbers and pictures requirement *Serial Numbers with accompanying pictures are required to process claim. If not included, claim will be stalled until further required information is supplied It" 2. Initial receipt review of claim & confirmation of complete submittal by Warranty Department «� Incomplete or needing more information 4Warranty will return information request to customer • Complete 4 process reaches next step (amount approved & amount denied & reasons) -t 3. Internal review by warranty division • Review of pictures and serial numbers by Toter's warranty division to determine validity of warranty coverage It 4. Communication to customer by Customer Service/Warranty/RSM • Explanation of acceptance/denial of claim & reasons • Option for part/body replacement or credit to account confirmed with customer Ir S. Warranty Claim Process Complete • Part/body replacement 4standard order process commences (artwork, O.C.'s, production scheduling/ship date OR • Credit 4applied to customer account via Finance • Toter will review this information and assist in expediting decision as follows: Regional Sales Manager is your point of contact. Please review the example of a Toter Residential Warranty Form on the following page. Toter Residential Warranty Form Fields noted with * are required. Company Name Customer Number First Name Last Name Phone Number* Email 1, A, 9 Issue Description * ELP51WEI Qzail : Please enter claim details for your products below, images of damaged products are required for claim processing. You may add more than one product type by clicking on 'Add another product'. If you would like to upload multiple products in a single file, please download the template at the bottom of this form and attach the completed file when submitting a claim- Qgwriload TuDA101 Item Type Resolution Requested* Please select... Please select Order/invoice Number Serial Number(s) Quantity* Date of Purchase Date Out of Service Cart style Body Color * Lid Color* Description of Damage [' Please select. • Please select, Add another product. Attach Files* Choose File No file chosen Z�� 1 I UP41CIPAL REFERENCES March 2020 Municipality State Customer Since Contact Phone Akron OH 2O06 Robert Harris (330) 375-2801 Cleveland OH 2O07 Paul Alcantar (216) 664-2154 Columbus IN 2005 Jim Norris (812) 376-2563 Fred Stovall (937) 333-4073 Dayton OH 1990 Melody Walls (937) 333-4829 East Chicago IN 1998 Orlando Santos (219) 391-8464 Fort Wayne IN 2005 Matt Gratz (260) 427-5796 Hobart IN 2011 John Dubach (219) 942-6121 Lafayette IN 2015 Tim Bullis (765) 807-1345 Muncie IN 2000 Phil Reagon (765) 745-4865