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HomeMy WebLinkAboutOpening of Bids - 2020 Street & Sewer Materials Proj No. 120-005 - FergusonJ- CITY OF SOUTH BEND, INDIANA 4 1865�'` u x CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name 2020 Street and Sewer Department Materials Project No. 120-005 For Bids Due April 14, 2020, 9:30 a.m., Local Time 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. / Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely 1� 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. 'V Acknowledge Receipt of � Addendum(s) included with the bid. V All required additional information is included with the bid. / Proposal statements and other affidavits all signed by the proper party with name either 1/ printed or typed underneath signature. V 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. 1 Bidder: -re- p ,I ' er W 6eA Date: By Authorized Representative: /P Signature: Print Name & Title: _&mas 14olmer Version 01/29/2020 Contractor's Bid for Public Works -1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2020 Street and Sewer Department Materials Project No. 120-005 For Bids Due April 14, 2020, 9:30 a.m., Local Time PART I (Must be completed for all bids. Please type or print) Date: 4 C I'l i aaa6 Bidder (Firm): Address: 1077 ObVer plow 4,4 Cityl5tate/Zip: 5&,A ] r 1d Telephone Number: Agent of Bidder (if Applicable):�ihanc; Pursuant to notices given, the undersigned offers to furnish labor and/or public works project of: anal &---w necessary to complete the the City of South Bend, Indiana, in accordance with plans and specifications prepared by: and dated (Enter sum of T for the sum of (enter the Total Bid as shown on the Proposal) Base Bid plus Alternates shown on Proposal) (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 s t hment. By ) / (signature} (Printed Name of Person Signing) The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Jordan V. Gathers, Member ACCEPTANCE day of Joseph R. Molnar, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk 20 Version 01/29/2020 Contractor's Bid for Public Works - 2 PART 11 (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 hislherlits 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: -�1. COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affn- as 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 rum, 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 Sid 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 helshe/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 S. 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 j oint 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, Iabor, 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. 1, 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 1314, day of !� �`8 , 20,90 Contractor, d ) Signature of Contractor/Bidder or Its Agent CX4,-, J z i � 1'Vi rrZ S w vi Printed Name and Title Subscribed and sworn to before me this t day of 0 k , 20 a O My Commission Expires Q 1 U l t al County of Residence K")-i,-27 .. . .......... Notary Public ,t%J111111rylf. �rrrr��Rl.`f K HOi ii =NOTARYotp- puau� - �i���yCy�sdrnN 0;S. fO ± �TY11�[' ,rrr Version 01/29/2020 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION A - ASPHALT MATERIALS Item No. Description Quantity Unit Unit Price Total A-1 HMA Surface 11 L 15000 TON A /13 $ A-2 HMA Surface 11 L MAC HD 5000 TON $ -� A-3 HMA Surface 11S 2000 TON $ A-4 HMA Binder 819 1500 TON $ A-5 HMA Binder 11 3000 TON $ —�- A-6 HMA Binder 11 MAC 1000 TON $ ,1 A-7 HMA Base 5D 1000 TON $ A-8 CMA Patch AE-300P 500 TON $ A-g High Performance Cold Mix 150 EA $ DIVISION A TOTAL $ r� Version 01/29/2020 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION B - PCC MATERIALS Item No. Description Quantity Unit Unit Price Total mow. B-1 Class A Concrete 2500 CY 3 $ B-2 Class A High Early 800 CY $ .� B-3 7 Bag Mix - New City Specs 600 CY $- B-4 High Early Concrete wl Integral 350 CY $ Color- Black B-5 Flowable Fill, Removable 350 CY $ '�-- B 6 Non -Chloride Accelerator added to 325 EA CY $ concrete — 0.5% " B 7 Non -Chloride Accelerator added to 1000 EA CY $ concrete —1 % l B-8 Non -Chloride Accelerator added to 2100 EA CY $ ..� concrete — 2% i i DIVISION B TOTAL $ --- Version 01/29/2020 Contractor's Bid for Public Works - 8 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION C - AGGREGATE MATERIALS Item No. Description Quantity Unit Unit Price Total C-1 No. 23 Sand 5000 TON iS $ r C-2 No. 53 Gravel 1000 TON $ C-3 No, 53 Recycled Concrete 7500 TON $ C-4 No. 53 Slag 1000 TON $ C-5 Topsoil 150 CY $ C-6 No. 11 Slag Chip Stone 1000 TON $ DIVISION C TOTAL $ DIVISION D - SEWER MATERIALS - CASTINGS Item No. Description Quantity Unit Unit Price Total Man Cover and Frame: 131-1 EJ 1040A r Neenah R-1642 300 EA o c'ICI 6 6 CA G 1 s $ ( arc e One) Catch asin Cover & Frame: 131-2 EJ QMM 1 or Neenah R- 1642 One) 300 EA $ -7 cO v� (Circle i DIVISION D TOTAL $ f I 0 Version 01/29/2020 Contractor's Bid for Public Works - 9 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials -April 14, 2020 9:30 a.m., Local Time DIVISION E - SEWER MATERIALS Item No. Description Quantity Unit Unit Price Total E-1 MH Riser 20 314" D -1"R -- 71811L 40 EA n $ ---. E-2 M H Riser 20 314" D --1 112"R - 718"L 40 EA $_.. E-3 MH Riser 20 314" D - 2"R - 718"L 20 EA $_._ E-4 MH Riser 20 314" D - 2112"R - 718"L 10 EA $ E-5 MH Riser 21 314" D -- 1"R -- 1 318"L 20 EA $- E 6 MH Riser 21 314" D - 1 112"R - 1 318 L 30 EA $ --- E-7 MH Riser 21 314" D -- 21IR ---1 318"L 30 EA $ E-8 MH Riser 22 118" D - 2"R -1 114"L 20 EA $_. E-9 MH Riser 22 118" D - 3"R -1 114"L 5 EA $ E-10 MH Riser 22 114" D -1 "R -1 112"L 30 EA $ E-11 MH Riser 22 114" D - 1 112"R - 1 112 L 30 EA $ --� E-12 MH Riser 23" D -1 "R - 1 314"L 30 EA $ E-13 MH Riser 23" D -1 112"R ---1 314"L 20 EA $ Version 01/29/2020 Contractor's Bid for Public Works - 10 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION E - SEWER MATERIALS CONTINUED Item No. Description Quantity Unit Unit Price Total E-14 MH Riser 23" D --- 2"R --1 314"L 40 EA $ . E-15 MH Riser 23 518" D — 1 112"R — 1 10 EA $ 118 L E-16 MH Riser 23 518" D — 2"R —1 118"L 10 EA $ E-17 MH Riser 23 518" D --1 "R --1 112"L 20 EA $ -� E-18 MH Riser 23 5/8" D — 1 112"R — 1 25 EA �- $ 112 L E-19 MH Riser 23 518" D — 2"R —1 1i211L 20 EA $ E-20 MH Riser 23 5/8" D — 2 112"R — 1 20 EA $ 112"L DIVISION E TOTAL $ DIVISION F -TRAFFIC MATERIALS Item No. Description Quantity Unit Unit Prippe Total F-1 Liquid Thermoplastic Traffic Marking Paint —White 2200 GAL N /D $ F-2 Liquid Thermoplastic Traffic 2200 GAL +1 $ Marking Faint —Yellow F 3 Pavement Marking Beads, 40000 LBS $ Standard DIVISION F TOTAL $ [ Version 01/29/2020 Contractor's Bid for Public Works - 11 BIDIPROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION G - SNOW REMOVAL MATERIALS Item No. Description Quantity Unit Unit Price Total Curved Double Bevel Carbon G-1 Steel Underbody Blade 51 x 67 x 518"Th 300 EA Jlb, UQ Curved Single Bevel Carbon Steel G-2 Underbody Blade 51 x 67 x 314 Th Heat Treated Hardened 50 EA % (� — f Curved Single Bevel Carbon Steel G-3 Underbody Blade 61 x 6"T x 50 EA �� $ L . l o Lq 5) C) 3i4"Th Heat Treated — Hardened Boss Power V Plow Blade 51" X 6" G-4 X'/2" Part # BAL08858 Passenger Side Edge 6 EA $ 363 56 Boss Power V Plow Blade 51" X 6" G-5 X'/2" Part # BAL08859 Drivers 6 EA TS $ Zry C� y S� t 1 Side Edge G-6 8' 6" Western MVP Plus Plow Blade Part # 44285-1 6 EA 97 q OCR $ G-7 Western Pro Plus Plow Blades 90"L x 6"T x 112"Th 8 EA 11 , u6 (, r` $, 1.� DIVISION G TOTAL $ 951 d � 9 , 3c) Version 01/29/2020 Contractor's Bid for Public Works - 12 BID/PROPOSAL CITY OF SOUTH BEND BID NAME FOR BIDS DUE 2020 Street and Sewer Department Materials April 14, 2020, 9:30 a.m., Local Time DIVISION H - ASPHALT MATERIALS CONT`D Item No. Description Quantity Unit Unit Price Total H-1 AE-T Tack 25,000 GAL n 1 / 13 $ --- H-2 RS-2 25,000 GAL $ DIVISION H TOTAL $ (� r3 DIVISION I - DELIVERY OF HMA MATERIALS BY TRI-AXLE TRUCK Item No. Description Quantity Unit Unit Price Total 1-1 Driver and Truck 600 PER HR N 1)3 $ DIVISION I TOTAL $ ---- Bidder (Firm): fe-rc � �J ojTef, WJ r �S Address: ib77 (a1ie.� ion City/State/Zip: t Telephone Number: ( 70 ci� 3 13y (Signature) 6884a5, 40[Wle-C (Printed Name of Person Signing) Version 01/29/2020 Contractor's Bid for Public Works - 13 April 3, 2020 Ms. Brenda Crowder, Tracking #1ZW28V760192212616 3 Venture Lane Hampton, Virginia 23664-2068 RE: Bid Bond 4/14/2020 City of South Bend 2020 Street and Sewer Department Materials, Project No. 120-005 Requested by Devin Nuner, Branch #3390 Dear Brenda: As requested, we are pleased to provide the attached bid bond documents. This bond has been executed based upon the information we received from your company. Please note the bond must be signed by an authorized representative of your company and if applicable, sealed with the corporate seal. We urge you to check all bond documents, including signatures, dates, amounts, job description, Power of Attorney and any other attachments to avoid the possibility of having a low bid rejected. Additionally, please verify that the bid bond form attached is the form required by the specifications. The Bid Bond authorization is based upon the original estimate. If the bid exceeds the estimated by 10% or more, the bond must be reauthorized by the surety. Please contact us for additional authority. Thank you for the opportunity to service your surety needs. Should you have any questions, please do not hesitate to contact me or any member of your Willis surety team. GOOD LUCK WITH YOUR BID!!!!! Sincerely, Wendy Lee dkins, CISR Senior Client nager - Surety Encl. Your bid results are very important, please mail or fax this information back to the address below within 5 days of the bid opening. Contractors Name 1. Contract Price Where did you place & what was your price $ Wendy Lee Wadkins Sr Client Manager, Construction - Surety Willis of Pennsylvania, Inc. 100 Matsonford Road, Bldg 5 Ste 200 Radnor, PA 19087 D (610) 254 5647 M (215) 499 8068 Wendy.wadkins@willistowerswatson.com wllllstowerswatson.com Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 * # J CONTRACTOR: (,'liana, legal S7altrc mid addrvxt) Ferguson Enterprises, LLC dba Ferguson Waterworks 1077 Oliver Plow Court South Bend, IN 46601 OWNER: (,'hairs, legal slalrrs asd add;=) City of South Bend 1316 County -City Building, 227 West Jefferson Boulevard South Bend, IN 46601 SURETY: (Maine, legal malus and principal place rJhrcvin(mv) Federal Insurance Company 202E Hall's Mill Road Whitehouse Station, NJ 08889 Mailing Address for Notices 202E Hall's Mill Road Whitehouse Station, New Jersey 08889 BOLD AMOUNT: 5% Five Percent of Amount Bid PROJECT: (Nana, location or addras4 and l'roJect nrunber, U'any) 2020 Street and Sewer Department Materials, Project No. 120-005 This document has important legal consequences. Consultation with an. attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forllt above, for the payment of which the Contractor and Surety bind themsehros. their heirs, executors, administrators, successors and assigns, jointly and severally. as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the tine specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance wish the terms of such bid, arid gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the dif3'eronce, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perliornt tho work covered by said bid, then this obligation snail bo null and void, otherwise to remain in lull forco and ollcul. The Surety hereby waives any notice of art agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver ariotice► by the Surely siall not apply to tiny extension exceeding sixty (fit?) days in the aggregute beyond the time for acceptance ol'bids specified in the bid docmnents, and the Ounor and Contractor shall obtain the Surely's consent for tin extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tone Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this hand has been furnshed to comply with u statutory or other legal requirement in the location of the Project, any provision in flus tt,lstatutory tierequirement deemed deleted provisiom tnEoxt Wy,M04,1ite� statutory r otherlegalrequiretentshllbedented incorporated herein. so 1ufished, lie intent is that thisl3rod sl '01 as u statutory bond and not as a common law bond. ...... A• a 'P •. Signed and sealed this 14th day of April, 2020. ` �� ; • 9,y �� • lL : cn rr- Ferguson Enterprises, LLC dba Ferguson WaterworPs ; [ (PMnclprrl) f� (� / J L • FA[. li{'llrrctssl M �X C�2t' S +� rnr 9� } By: ? (� I��,�t�l..l 4'/I l �,��'1 , r , , • . tie f1711e) r.,,I, ►,,, . 6�i tE:AVM fl7` t i rear Federal Insurance Company ro ($rntNy) (Neal) q By: A (7711o) en y LenWadkins orney-in- ac ' 'NotAKa S•00541AS 8110 C H U Fir E3a Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company ( ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Wendy Lee Wadkins Surety Bond Number: Bid Bond Obligee: City of South Bend each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in sold bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 1K day of November, 2019. Dawn M. Chloros, Assistant Secretary STATE OF NEW JERSEY County of Hunterdon Stephen M. Haney, Vice President On this 1g day of November, 2019, before me, a Notary Public of New Jersey, personally came Dawn M, Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice Presldent, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto afrtxed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority, Notarial Seal pt)TAAY NOTi�Y P08� dP EJt�WAOExAAR itOSY � PfJgL14 1,40.291a865 CormkilWon6cpfre.July la, sorl4 Norm'rame dgp9 CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMRRICAN INSURANCE COMPANY on March 20, 2009: "RE5ULVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertaidngs, recognfzances, contracts and other written commitments of the Company entered Into in the ordinary course of business (eacha °Written Commitment"); (1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to exetmte any Written Commitment for and on behalf of the Company, under the sea] oftheCrimpany or otherwise. (2) Each duly appointed atiurney-in-factofthe Companyis berehysutirorized In executeanyWritten Commitmentfor and on behalfofthe Company, under the seal ofthe Companyorotherwise, to the extent thatsuch action Is authorized by the grantof powers provided for in such person's written appointment as such attorney -In -fact (3) Each of the Chairman, the President and the Vlre Presidents of the Company is hereby authorized. for and on behalfofthe Company, to appointin writing any person the atmrneyln- fact of the Company with f49 power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified In such written appointment, which spectficatfon may be by general type or class of Written Commitments or by specRlcation of one or more partindar Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and an behalf ofthe Company, to delegate In writing to any other officer afOe Company the authority to execute, for and an behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are spedfled in such written delegation, which specification may be by general type or class of Written Commitments or byspedAration ofone or more particular Written Commitments. (5) The signature ofany officer or other person executing any Written Cominitment or appointment or delegation pursuant to this Resolution, and the seat of the Company, may he affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powersand authority ofefEcers, employees and otherpersons to act forand on behalf oftha Company, and such Resolution shall not Emit or otherwise af%ct the exert€sa of anysuch power or authority otherwise validly granted or vested-' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companion) do hereby certify that (I) the foregoing Resolutions adopted by the Board of nirectors of the Companies are true, correct and In full force and effect, (it) the foregoing Power ofAttorney is true, correct and in full force and effect Given under my hand and Seals of said Companies at Whitehouse Station, NJ, this April 14, 2020. sus rrq>,a}- •eV aFa gar r Dawn M, Chloros, Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BONG OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Telephone 906 903-3493 Pax 90R 903.3656 e-malt: @chubb.com Combined: FED-vie-P1-WFIC-AAlC (rev.11-19) CONTRACT DOCUMENTS AND SPECIFICATIONS •: 2020 Street and Sewer Department Materials Project No. 120-005 March 2020 Prepared for CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Department of Public Works Division of Engineering ST PE11200272 STATE OF S'ONN- SN,,``��� Jacob M. Klosinski, P.E. Registered Professional Engineer State of Indiana No. PE11200272 FOR BIDS DUE: 9:30 a.m., April 14, 2020 City of South Bend, Indiana Department of Public Works 2020 Street and Sewer Department Materials Project No. 120-005 Notice to Bidders 1 Page General Conditions 4 Pages Special Provisions 14 Pages City of South Bend Contractor's Bid for Public Work Form 13 Pages Version 1/11/2017 Table of Contents 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 April 14, 2020 for the following: 2020 Street and Sewer Department Materials Project No. 120-005 This project includes the furnishing of materials to be used by the Street Department, Sewer Department, and other City of South Bend agencies for the year 2020 and the first part of the year 2021. All more particularly described in plans and specifications prepared by Scott Kreeger, phone 574.235.9245. The Contract Documents are on file and available for public inspection commencing on the first advertise date during regular working hours at the Department of Public Works (1316 County -City Building, South Bend, Indiana), and at MACIAF 3215-A Sugar Maple Court, South Bend, IN 46628. Additionally, the Contract Documents will be available that same day for inspection or purchase at American Reprographics Company ("ARC", located at 1303 Northside Blvd., South Bend, Indiana, 46615), www.e- arc.comllocationlsouth.bendl (574) 287-2944, toll free at (800) 783-7231. There will be a non-refundable charge for reproduction as set by ARC for every set of documents for all bidders. 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 not less than five percent (5%) of the Divisions, in a sealed envelope noting the project name, number and your company's information on the front. Any questions about bidding conditions must be addressed to the Owner in writing no later than 5:00 p.m., Local Time, April 7, 2020. 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 divisions, the Board will look at each line item of the cost when determining the lowest, responsive and responsible bid. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two (2) times: March 27, 2020 April 3, 2020 Version 01/29/2020 Notice to Bidders 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 -1 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 itlhelsho 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 forththe 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 - 2 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 it/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 - 3 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 ll, 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 - 4 DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA SPECIAL PROVISIONS 2020 Street and Sewer Materials Project No. 120-005 PROJECT DESCRIPTION This project includes the furnishing of materials to be used by the Street Department, Sewer Department, and other City of South Bend agencies for the year 2020 and the first part of the year 2021. All prices will remain in effect until April 30, 2021. This bid will be awarded to the lowest responsible bidder for each line item or Division, dependent on the needs of the City of South Bend. Division A and Division C will be awarded in its entirety with the award to the lowest total responsible bidder. The Contractor does not need to supply unit prices for all items in each Division to be eligible for award. All items will be awarded per unit prices and the quantities shown for each item are approximate quantities only. Actual quantities purchased may be greater or less than the quantities shown on the bid tab. The contract(s) pursuant to these specifications shall be awarded to the lowest responsible and responsive vendor. PREVAILING SPECIFICATIONS AND DESIGN & CONSTRUCTION STANDARDS The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN & CONSTRUCTION STANDARDS, most recent version, are to be used on this project. Each Bid provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION STANDARDS prior to submitting a Bid. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the 2020 INDOT Standard Specifications for the letting effective after September 1, 2019. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern. III. BIDDING REQUIREMENTS 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 Version 1/30/2020 Special Provisions - 1 b. Bid Bond stating 5% of the total Bid or Certified Check of 5% of the bid. 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 IV. TERM "OR EQUAL" A. Prevailing Specifications: None B. Additions: 1. Where the term "or equal" is used in these specifications, the Bid provider 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 specification. V. TAX EXEMPT A. Prevailing Specifications: None N1l.15re MSO 1. Materials and properties purchased under contract with the Owner that becomes a permanent part of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax). The exemption number will be furnished to the Contractor upon award. VI. INDEMNIFICATION A. Prevailing Specifications: None B. Additions: 1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents, officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by Contractor, or because of arising out of any defect in the goods, materials or equipment supplied by the Bid provider. VII. AWARD OF CONTRACT A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 B. 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, Certificated of Insurance, and other require documents from either the Version 1/30/2020 Special Provisions - 2 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. Vill. CONTROL, OF WORK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. IX. 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. The Engineer, where mentioned in these documents, is the City of South Bend Department of Public Works, Division of Engineering. 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. X. 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 Version 1/30/2020 Special Provisions - 3 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. 4. The obligation to perform under the terms of this Agreement may be terminated by an official of the Department of Public Works, with approval from the Board of Public Works, with or without cause, upon fourteen (14) calendar days written notice to the Contractor. This Agreement may be terminated by Contractor upon fourteen (14) calendar days written notice to the Department of Public Works in the event of substantial failure of Public Works employees and agents to perform in accordance with the terms hereof. If an official of the Public Works Department terminates the Contract for any cause, it shall deduct from whatever is owed from the Contractor on the Contact or any other contract, any amount sufficient to compensate the City of South Bend for any damages suffered by it, including but not limited to, the cost difference in the materials between the primary and secondary bidder because of the Contractor's wrongdoing. XI. 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. 2. There will be NO Retainage. 3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for all items. XII. CORRECTIVE ACTION/DAMAGES A. Prevailing Specifications: None B. Additions: 1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled delivery will result in damages charged to the supplier in the amount of time plus expenses plus overhead charged. 2. Should a supplier of concrete or asphalt become overbooked for deliveries one or more days of a week that supplier shall notify the City's representative ordering the material at least two (2) working days in advance. Version 1/30/2020 Special Provisions - 4 3. In the event the initial test results indicate a failure, the contractor will immediately contact the independent testing agency in order to complete the confirmation testing. The receipt of the test report indicating the failure in the mix will immediately trigger the corrective action/damages process. The Contractor will be considered placed on notice upon receipt of the testing report from the independent laboratory. If a back-up sample was not taken nor if there is not enough of the original sample to complete confirmation testing, the original test will be binding. There will be no coring of placed materials for confirmation testing. The contractor is solely responsible for making any and all corrections to the material mix in order to meet the requirements in the mix design. 4. The corrective action/damages are set forth as follows: a. The damages will be for all of the specific mix design/material delivered on the day the sample was taken. b. Damages are progressive for each specific mix design. The material costs for the day the sample was taken will be reduced by the following percentages First test failure —10% reduction of actual material cost. Second test failure — 20% reduction of actual material cost. iii. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost. 5. The City of South Bend reserves the right to accelerate the corrective action/damages procedure or to require the contractor, at his expense, to remove and replace the material in the event the failure in the material delivered may cause physical or property damage to the public. 6. The parties recognize that time is of the essence in regard to this Contract and that City will suffer financial loss if the equipment, supplies, services are not delivered within the times specified on the Contract. a. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the date specified in the Contract, City shall use the bid bond or certified check of bidder as liquidated damages Should the Contractor fail to provide or perform the equipment, supplies, services and/or other obligations pursuant to the Contract, and should the City then elect to bid a new project that will replace the Contract, any bid for the project from Contractor will be considered only if Contractor can demonstrate the ability to deliver and perform the equipment, supplies, services and/or other obligations in a timely fashion. c. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the time specified in the Contract, City shall award all or part of the material to the next lowest bidder. XIII. DELIVERY A. Prevailing specifications/INDOT Standard Specification Section: None Version 1/30/2020 Special Provisions - 5 B. Additions: 1. Items shown in the specifications to be delivered shall be delivered to the Bureau of Streets at 731 South Lafayette or to other sites within the City of South Bend designated by the City's representative ordering the material. Delivery dates shall include weekends and holidays as designated by the representative ordering the material. 2. Each load of loose materials must be fully tarped or covered from origin to the point of delivery to minimize loss from blowing and change of moisture content. 3. Items shown in the Specifications to be picked up by the City shall be picked up by the City at the successful bidder's plant or warehouse. The plant or warehouse must be within the South Bend City limits or within five miles of the Public Works Service Center, and it must be within 15 minutes driving time via approved truck route(s) of the Public Works Service Center. Loading shall be done by the supplier. 4. Duplicate weight tickets will be provided for each load. Each ticket will bear a serial number, increasing in number with each load. No ticket number shall ever repeat. 5. The vendor for items in Division A and Division B shall designate a representative and an alternate that shall be available for at least one (1) hour no later than Thursday of each week for a coordination conference to discuss the City of South Bend's prospective order for the upcoming calendar week. The vendor shall guarantee availability of materials of each type and in such quantity for each day of the following week as agreed to in the conference. Quantities shall may be less than or greater than 5% of the agreed upon amounts. If such materials are not available at the time of delivery as agreed, the vendor shall at its option remedy the situation by one of the following means: a. Arrange for the City of South Bend to pickup its order within one (1) hour of the agreed schedule at another location within five (5) miles of the South Bend City limits at no additional cost to the City of South Bend. b. Provide a substitute material equal to or greater than the prevailing specifications at a cost identical to the cost of original unit price. All substitute materials shall be approved by Engineering prior to delivery. c. Within three (3) working days of the failure to deliver, with its own forces and equipment lay the materials into place at the location the Bureau of Streets has prepared and readied for paving. Such paving shall be done in a workmanlike manner, according to the Standard Specifications for the type of material being used, at no additional cost to the City. 6. 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. 7. 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. 8. 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. Version 1/30/2020 Special Provisions- 6 9. The City 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, maybe given at any time within one year after discovery of defects. 10. The bid proposal shall specify as per unit cost of delivery for all items specified for delivery. Award may be made to a company forjust delivery and not necessarily for the purchase of the material. XIV. DIVISION A: ASPHALT MATERIALS A. Prevailing specifications/iNDOT Standard Specification Section: 402, 403, 405, 406, 407, 902, 904 B. Additions: Division includes bituminous materials to be provided to the City of South Bend for placement by the City's own forces. a. The producer of the materials will be a CERTIFIED HOT MIX ASPHALT PRODUCER, in accordance with ITM 583, Certified Hot Mix Asphalt Producer Program by the Indiana Department of Transportation Materials and Tests Division. The producer also will have a certified operator, laboratory, and bituminous laboratory technician on staff. Upon request, the successful bidder shall provide to the City copies of all material certifications, laboratory test results, and other quality control documents necessary to show compliance with Section 402, for any and all deliveries to the City. Records from other on -going projects shall be acceptable so long as those projects are concurrent with deliveries to the City. The City reserves the right to request up to 12 plate samples during the contract period to be obtained by an independent laboratory for analysis and verification to the specifications. Any plate samples requested past the 12 required by the specifications will be processed and paid for by the City of South Bend separate of this contract. Results of the testing will be delivered within 24 hours of the time the sample was taken. Large enough samples shall be taken in order to perform confirmation testing in the event of failure. All costs associated with the testing will be incurred by the supplier/contractor. 2. The Supplier shall submit job mix formula for all mixes to the Manager of the Street's Division for approval prior to delivery. The job mix formula must be submitted on Form TD- 451 along with Marshall Design Work Sheet Form TD-515. a. The job mix formula shall be based upon the Marshall Method of Mix Design for the aggregate source and gradation available in ample quantity to the Contractor. Any change of aggregate source shall require a new Mix Design and approval. b. Recycled materials shall not be used in any surface course mixtures. No RAS shall be used. c. Binder course materials will have a maximum of 20% Recycled Materials. No RAS shall be used. d. Base course materials will have a maximum of 20% Recycled Materials. No RAS shall be used. 3. All mixes designated with "11L" shall be #11 crushed limestone. Version 1/30/2020 Special Provisions - 7 4. All mixes designated with 11S" shall be #11 crushed blast furnace slag. 5. All HMA Surface mixes shall have PG 64-22 asphalt binder. 6. All HMA Binder mixes shall be crushed limestone or crushed blast furnace slag, either #11 or #8 or 9 as noted, with PG 64-22 asphalt binder, unless otherwise specified. 7. All HMA Base mixes shall be crushed limestone or crushed blast furnace slag, with PG 64- 22 asphalt binder, unless otherwise specified. 8. The requirements for CMA Patch AE-300P are as follows: a. Asphalt binder shall be AE-300P or an approved equal with approval by Engineering. b. Materials shall be produced with less than 1% moisture c. Binder content shall be 5.2% to 6.0% d. Aggregate shall be 100% crushed limestone graded as follows: Sieve Size Percent Passim 1 /2" 100% 3/8" 75-100% No. 4 20-80% No. 8 0-35% No. 30 04% Loss by Decantation #200 0-1.5% 9. The requirements for the High Performance Cold Patch areas follows: Emulsion Specifications Limit ASTM Flash Point (Tap Open Cup) 200°F Min ASTM D-1310 Kisematic Viscosity at 1400F 300-4000cst ASTM D-2170 Water 0.2% Max ASTM D-96 Aggregate Specification Percent Passing #89 #9 3/8" 90-100 100 No.4 20-55 85-100 No.8 5-30 10-440 No.16 0-10 0-10 No.50 0-5 0-5 11. The material shall be High Performance Cold patch or an approved equal. Version 1/30/2020 Special Provisions - 8 12. Material must be provided in 5-gallon pails or 40 to 50 pound bags. Payment shall be for each pail of the High Performance Cold patch. 13. All HMA materials shall be available for storage up to 24 hours after the scheduled date of delivery. XV. DIVISION B: PCC MATERIALS B. Prevailing specifications/INDOT Standard Specification Section: 213, 502, 504, 506, 901, 904, 912,913 C. Additions: 1. Non -chloride accelerator shall be added to Class A Concrete or Class A High Early Concrete at the City's request. a. Each unit of non -chloride accelerator shall correspond to the quantity of additive required to obtain the specified composition (0.5%, 1%, or 2%) per cubic yard of concrete. b. The payment for adding the non -chloride accelerator will be made for each cubic yard of concrete with the additive ordered. 2. The requirements for 7 Bag PCC Material areas follows: a. The fine aggregate shall be at least 35% but not more than 45% of the total weight of the aggregate in each cubic yard. Proportions will be based upon SSD aggregates. b. The CMD shall produce workable concrete mixtures, with the minimum amount of water, having the following properties: Minimum Portland cement content 658lbslcu yd Maximum water/cement ratio 0.45 Minimum Slump 2 in. Air Content 6.5% +I- 1.5% Minimum Flexural Strength, third point loading 300PSI @ 24hr Minimum Flexural Strength, third point loading 50OPS1 @ 3 days 3. Delivery cost shall be included in the unit cost for each of the following line items within this Division: B-1, B-2, B3, B-4, and B-5. XVI. DIVISION C: AGGREGATE MATERIALS A. Prevailing specifications/INDOT Standard Specification Section: 301, 302, 303, 621, 904, 914 B. Additions: 1. The requirements for No. 23 Slag Sand Mix are as follows: Version 1/30/2020 Special Provisions - 9 Sieve Size Percent Passing 1/2" 318" 100% No. 4 80-100% No. 8 60-90% No. 16 40-65% No. 30 25-40% No. 50 10-30% No. 100 5-20% No. 200 0-10% 2. Topsoil must be screened and free of foreign debris. 3. Topsoil will be tested for PH level. 4. Delivery cost shall be included in the unit cost for each of the following line items within this Division: C-1, C-2, C-3, C-4, and C-6. XVII. DIVISION D: SEWER MATERIALS -CASTINGS A. Prevailing specifications/INDOT Standard Specification Section: 908, 907, 910 B. Additions: 1. The manhole 1040A cover and frame shall be the following: a. Cover: East Jordan Iron Works manhole cover 1040A (Neenah R-1642) or approved equal (i) Manhole covers must be labeled "City of South Bend" with "Storm" or "Sanitary" b. Frame: East Jordan Iron Works manhole frame 1045 (Neenah R-1642) or approved equal. 2. The catch basin cover and frame shall be the following: a. Cover: East Jordan Iron Works catch basin cover (grate) 1020-M1 (Neenah R-4380- 17-D) or approved equal b. Frame: East Jordan Iron Works manhole frame 2996 or approved equal XVIII. DIVISION E: SEWER MATERIALS - RISERS B. Prevailing specifications/INDOT Standard Specification Section: 908, 907, 910 C. Additions: 1. Manhole risers shall conform to the following: a. All risers shall include pivoted turnbuckle adjustable riser rings. Version 1/30/2020 Special Provisions - 10 b. Adjustable turnbuckle must be pivoted on 304 stainless steel roll pins at both ends which eliminates binding of mechanism when expanding or contracting manhole riser. c. The linkage assembly shall not contain tac-welds. d. The linkage shall pivot inside a solid %" thick bar. The linkage shall accommodate an adjustment to the diameter of the ring of/2' in either direction (larger or smaller). e. The ring must be a single piece assembly, with no loose parts. f. Riser must expand to obtain full circumferential engagement. g. The riser shall not obstruct entrance to a manhole. There are no extensions to hinder men or equipment using the manhole. h. All moving parts and mating surfaces are zinc plated with dichromate finish or stainless steel. Skirts are G90 galvanized. i. Skirt must be welded 85% of the circumference of riser. j. Manhole riser allows efficient application of the pivoted turnbuckle so that 60 Ibs. force applied 7" from center of turnbuckle exerts 5600# tangential force in the riser ring. This enables the riser ring to be forced to fit worn out of round manhole lid seats and still exert a great force on the side walls for holding power. k. Manhole risers shall be color coded prior to delivery based on the following: Ring Diameter Color 20 314" D Silver 21 314" D Blue 22 118" D Red 22 114" D Yellow 23" D Green 23 518" D Black 25 112" D Fluorescent Orange 26" D Orange 26 112" D Gold XIX. DIVISION F: TRAFFIC MATERIALS B. Prevailing specificationsliNDOT Standard Specification Section: 808, 909, 921 C. Additions: 1. Liquid Thermoplastic Traffic Marking paint: a. Liquid Thermoplastic Traffic Marking Paint must meet and exceed the chemical composition and performance requirements of Federal Specification TT-P-1952E. b. Liquid Thermoplastic Traffic Marking Paint must be environmentally friendly 100% acrylic emulsion traffic paint containing less than 100 grams per liter volatile organic content (VOC). Version 1/30/2020 Special Provisions - 11 G. Liquid Thermoplastic Traffic Marking Paint must meet or exceed TT-P-1952E Type I I I when tested in accordance with the following ASTM test methods: D2369, D562, D2697, D3723, D2805, D711, D1210, D969, D1849, D522, D2243, D1729, D968, D2486, D1394, D1640, D2244, D3335, D3718, E1347, G154. d. Coverage is to be 155-180 ft. of 4-inch line per gallon at 30-35 mils wet film thickness. Precautions: Both surface and ambient application temperatures shall be a minimum of 50°F. Temperature shall not drop below 50°F within a 24-hour period following application. The shelf life of the paint shall be a minimum of 18 months. e. The paint shall dry to a no tracking condition in no more than 6 minutes. The no tracking condition shall be determined by actual application on the pavement at a wet film thickness of 30 mils (750 pm) or greater with white or yellow paint covered with glass beads at a rate of 7 lb/gal. (0.7 kg/L). 2. Standard Pavement Marking Beads shall be in accordance with INDOT Specification Section 921. 3. Material must be provided in 55-gallon drums. XX. DIVISION G: SNOW REMOVAL MATERIALS B. Prevailing specifications/INDOT Standard Specification Section: None C. Additions: l . This specification covers requirements for replaceable cutting -edge blades for motor graders and underbody truck scrapers. 2. Material: a. The cutting edges shall be formed from high carbon steel made by the open hearth, basic oxygen, or electric furnace process and shall have the following composition. b. The composition of steel shall be as follows: High Carbon Heat Treated Min % Max % Composition Min % Max -Composition Carbon 0.80 1.00 Carbon 0.25 0.35 Manganese 0.50 0.90 Manganese 0.75 1.20 Phosphorous --- 0.05 Phosphorous --- 0.05 Sulfur --- 0.05 Sulfur --- 0.05 Silicon --- 0.35 Silicon 0.10 0.40 Boron 0.0005 0.0085 c. The finished cutting edge shall have a Brinell hardness number, under a 3000 kilogram load, of not less than 250 nor more than 350 for high carbon blades, and not less than 400 nor more than 520 for heat treated blades. The Brinell hardness number will be determined by the current Method Test for Brinell Hardness of Metallic Materials, ASTM Designation E10. d. A chemical analysis of each melt of steel shall be made available by the manufacturer to determine the percentages of the elements specified. Version 1/30/2020 Special Provisions - 12 3. The cutting edges shall be of the length specified on the request for quotation form and shall be double bevel, curved, 518 inch or 3/4-inch-thick, and 6 inch or 8 inch wide after forming. The bevel shall be 1 inch in length and the cutting edge shall have a radius curvature of 7 112 inch to 10 inch. The finished blade section will be given a coat of rust resistant paint and shall be free of warpage and longitudinal deviation. The cutting edges for 5/8-inch blades and 314-inch blades shall be punched with 11116-inch square holes with countersink to receive 5/8-inch diameter #3 plow bolt. Hole punching to be "standard highway punch" (end 2 holes on each end of the blade on 3-inch centers, and the remaining holes 12-inch spaced center to center across the middle of the blade) as per the diagram below. LENGTH (AS SPECIFIED 3.1 , 3" , TNTERMEDIATE HOLES ON 12" CENTER j 3" 1 3" ...[]....,[}}................--------------- ............Q......................... ©------------------------- 0.....[�..... � � N w XXI. DIVISION H: ASPHALT MATERIALS — CONT'D A. Prevailing specifications/INDOT Standard Specification Section: 404, 406, 408 B. Additions: 1. The requirements for AE T Tack are as follows: Sa bolt-Furol Viscosity, 25°C, s Max 100 Residue from Res. By Dist. % Min 54 Max 62 Portion, from Res. By Dist. ml Oil per 100 . Emul., Min 4.0 Demulsibilit , % Min 75 Sieve Test % Max 0.10 Res. By Dist. Float Test 1200 Penetration 50-200 Solubility in Or . Solv., % Min. 97.5 Ductility, 251C, mm Min 400 2. The requirements for RS-2 are as follows: Sa bolt-Furol Viscosity, 251C, s 75-400 Residue from Res. by Dist. % Min 68 Portion, from Res. by Dist. ml Oil per 100 . Emul. Max 4.0 Settlement, 5 days % Max 5 Demulsibilit , % Min 50 Sieve Test % Max 0.10 Penetration 100-200 Solubility in OM. Solv., % Min 97.5 Ductility, 25°C, mm Min 400 Version 1/30/2020 Special Provisions - 13 XXII. DIVISION I: DELIVERY OF HMA MATERIALS BY TRI-AXLE TRUCK A. Prevailing specifications Section: None B. Additions: 1. The City of South Bend will coordinate hauling operations for all HMA materials deliveries. Under certain circumstances, City vehicles may not be available to facilitate HMA materials hauling operations and will require a contractor to supply truck(s) and driver(s) to assist with hauling and delivery. 2. The City will assign through successful bidding process tri-axle trucks and drivers to deliver HMA materials as designated to any point in the City. 3. The City will hire the truck(s) with driver(s) for a minimum of eight (8) hours per day. 4. Paving operations may require the use of the truck(s) and driver(s) for a time period that exceeds an eight (8) hours workday. There will be no premium time paid for work in excess of eight (8) hours per day. The City will make all attempts to coordinate trucking needs and schedule working hours with the Contractor in advance of the date work will be performed but flexibility in working hours shall be expected. 5. Multiple trucks and drivers may be needed to accommodate paving operations. Contractors submitting a Unit Price for Division I should provide a list of fleet vehicles available for hauling and the maximum amount of vehicles that would be available during typical Monday through Friday operations. 6. Payment shall be made at the Unit Price of Per Hours as specified in the proposal. Version 1/30/2020 Special Provisions - 14