HomeMy WebLinkAboutOpening of Bids - Ductile Iron Pipes, Valves and Hydrant Material Specs Proj No. 120-054 - Ferguson WaterworksBidder (Firm):
M
Address: 10-7-1 O (i V -e(- Q10w C4)t. r1-
City/State/Zip: Sn�,++.. e�� t J�{ y WO01
Telephone Number: r`�� Z$Z-Z3Z3 Fax Number:
By l ✓ /cc�.� ✓`
'(Signature)
Ueo,N V� N lq vqJ-
(Printed Name)
BlArcl� ti C v14xer "33°10
(Title)
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
Project Name (Name here) Ir., PrpgSr VGkv1s,ain,& Hydtco,
Project No. (Number here) (2b 0 L
For Bids Due JDate here) /V ov2yv, Inev 2 c(+h 20--0
PART
(Must be completed for all bids. Please type or print)
Date: /Vo,,.e23,20 idder(Firm): Ft�tuSn �va�Prwcx kS
Address: 1()'1-1 wd I10� t=n'."r-t
City/State/Zip: S041n agaI N L((p I Telephone Number: (5 7 y) Ze2—Z3L 3
Agent of Bidder (if Applicable): DQ„'i v� AJ L,,,.p f
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of: !� n
Dut �rlf Iyu� (/AILds! Atn�js .,f (Y e_d-41_ )2_o-6Gc(
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
APrutiso wo d tr works
and dated f.1 •ve . Ler z Irti, zo t > for the sum of (enter the Total Bid as shown on the Proposal)
tk"JyPA 4,,,,e 4.4 ? . ",1 s4....elt Hew kN JoJ k6l(A� OM-( $.]z g'
sum of Total Base Bid plus Alternates shown on Proposal) 6j,k grc,.wty (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 an a
unit basis, the itemization of the units shall be sh wn on a separate attachment.
By r.� 1 /Z__ -✓C
(Signature)
(J 4,i i yi Ntn ine C
(Printed Name of Person Signing)
ACCEPTANCE
The above bid is accepted this _
Subject to the following conditions:
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Joseph R. Molnar, Member
day of
Jordan V. Gathers, Member
Therese J. Dorau, Member
Attest: Linda M. Martin, Clerk
ce
BID/PROPOSAL
CITY OF SOUTH BEND
BID NAME Ductile Iron Pipes, Valves, and Hydrants (PN 120-054)
FOR BIDS DUE November 24,2020,9:00 a.m., Local Time
u
Item
No.
Description
Quantity
Unit
Unit Price
Total
1
4" X 18' Ductile Iron Pipe
10
EA
3LI -7,9q
$ 3y 7q ,SIO
2
6" X 18' Ductile Iron Pipe
10
EA
a(�(o�{
$ o5(P(o0. LSU
3
8" X 18' Ductile Iron Pipe
10
EA
&X57 'Rq
$ 3578,'>a0
4
10" X 18' Ductile Iron Pipe
5
EA
t°(o3.14
$ 315,-70
5
12" X 18' Ductile Iron Pipe
5
EA
$,510.C)q
$ o�dl50
6
16" X 18' Ductile Iron Pipe
5
EA
g��7 ��
$ q ,3 L13,L{O
7
20" X 18' Ductile Iron Pipe
5
EA
1 •3
$ 51l to, 26
8
24" X 18' Ductile Iron Pipe
5
EA
9
30" X 18' Ductile Iron Pipe
5
EA
J( 1Gg-7 %4
$ q 4SgVW
10
4" Open Right, MJ valve W� Y le a'uc 5
10
EA
LAaB a o
$ L4 3'V ,ca
11
6" Open Right, MJ valve W w olu 5
50
EA
syy 8'j
$ al ay3,
12
8" Open Right, MJ valve lJ) MC Al u S
10
EA
0rd JF3 7a
$
13
10" Open Right, MJ valve tal l I"1C �U
5
EA
lad 3a
$tCpg�b(o, &
14
12" Open Right, MJ valve W1 mt QIk
5
EA
(Co -79,13
$ 039?
15
5.25" SB Fire Hydrant, 5 FT WI Me QIu
20
EA
1765 00
$ 3q I It(o,ro
16
5.25" SB Fire Hydrant, 5.5 FT wlMc alt(
40
EA
17g3. 13
$ 6 l •7d5,d
17
5.25" SB Fire Hydrant, 6 FT W' M CL4
40
EA
1? �6 N�
$ 71a(g q&
18
5.25" SB Fire Hydrant, 6.5 FT 0i 1, ejglp'5
20
EA
f 16 Sb, I
$33 &03.8
19
5.25" SB Fire Hydrant, 7 FT IN1 Mtjq IkS
10
EA
1'7)'7,5),
$1-7,1-75
BASE BID TOTAL
$ 3 0'a Qa 1,
`Mechanical Joint (MJ)
Bidder Name: Cet lei Q�erV)pck5
CITY OF SOUTH BEND, INDIANA
NON-DISCRIMINATION COMMITMENT FOR SELLERS
BID NAME Ductile Iron Pipes Valves, and Hydrants
FOR BIDS DUE November 24,2020,9:00 a.m., Local Time
Bidder
Date: Novew r 7,3., 7,o2o (Firm): I'Q�('Q(`ASON Ul/a}Prwns�S
Address: lD*li D li,/Pr Plow GoyfT
City/State/Zip: Sow+(i40) Telephone Number: (57N) ZB2—Z3Z3
Agent of Bidder (if Applicable): _DQ,f%rn tJtAV'f f
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 lvtdiakn4 )
) SS:
To5eek COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to induce anyone to refrain from
bidding, and that this bid is made without reference to any other bid and without any
agreement, understanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons, firms, or corporation has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value
on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any
of its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and
3. Contractor has not, nor has any successor to, not 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 han; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently learns is
an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E -Verify
Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and
participation in the E -Verify Program is included and attached as part of this bid/quote;
and
5. Contractor shall require his/her/its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract
with an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E -Verify Program. The Contractor agrees to
maintain this certification throughout the term of the contract with the City of South
Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being
notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a
contract by the City of South Bend through its agencies, boards, or commissions shall not
discriminate against any employee or applicant for employment in the performance of a
City contract with respect to hire, tenure, terms, conditions, or privileges of employment,
or any matter directly or indirectly related to employment because of race, sex, religion,
color, national origin, ancestry, age, gender expression, gender identity, sexual
orientation or disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment,
materials, or any combination of the foregoing including, but not limited to, public works
contracts awarded under public bidding laws or other contracts in which public bids are
not required by law, the City, its agencies, boards, or commissions may consider the
Contractor's good faith efforts to obtain participation by those Contractors certified by
the State of Indiana as a Minority Business ("MBE") or as a Women's Business
Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive
bidder.
In no event shall persons or entities seeking the award of a City contract be required to
award a subcontract to an MBEIWBE; however, it may not unlawfully discriminate
against said WBEIMBE. A finding of a discriminatory practice by the City's MBE/WBE
Utilization Board shall prohibit that person or entity from being awarded a City contract
for a period of one (1) year from the date of such determination, and such determination
may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination
commitment shall be made a part of any contract which it may henceforth enter into with
the City of South Bend, Indiana or any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any
matter directly or indirectly related to employment, because of race, religion, color, sex,
gender expression, gender identity, sexual orientation, handicap, national origin or
ancestry. Breach of this provision may be regarded as material breach of contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United
States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for
this project will use steel products or foundry products made in the United States on this
project if awarded. I understand I have an affirmative duty to notify the City in my bid
that my proposal does not include the use of steel products or foundry products made in
the United States. I understand it is my sole obligation and responsibility to provide a
justification to the City, subject to review and approval, why the cost of United States
made steel or foundry products is unreasonable. Prior to award and upon submission of
bid which does not use steel products or foundry products made in the United States, the
City, through its director of public works, shall make a determination if the price of
United States made steel or foundry is unreasonable. I understand that violations
hereunder may result in forfeiture of contractual payments.
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this Z 3 '^O� day of Novew 2020
re-OLoo, u l&--,er ,,o.As
Contractor/Bidde
r (Finn)
Signature of Contractor/Bidder or Its Agent
"t4vw - ZraLcls Dylanaua✓ 339v
Printed Name and Title T
Subscribed and sworn to before me this �.�c� day of �JDV YI a, 20 % Q
My Commission Expires 01 10q � a
Notary
W �� fi-
Notary Public Ktmberl'i is lUVhnr
County of Residence
\pNFjrPIRes
Document A310 TM - 2010
Conforms with The American Institute of Architects AIA Document 310
ML e e
CONTRACTOR:
('Vane, legal slats a• rind addres+)
Ferguson Enterprises, LLC
dba Ferguson Waterworks
1077 Oliver Plow Court
South Bend, IN 46601
OWNER:
(Namit, legalslamsandaddr=)
City of South Bend
1316 County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
BOND AMOUNT: 5%
SURETY:
QVimre, legal stoner mid prfucipal place rjbrevineev)
Federal Insurance Company
202B Hall's Mill Road
Whitehouse Station, NJ 08889
Mailing Address for Notices
202B Hall's Mill Road
Whitehouse Station, New Jersey 08889
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.
Five Percent of the Base Bid plus Any Alternates
PROJECT:
(,Name, location oraddrug mrd14•oJectn umber {J'm0)
Ductile Iron Pipes, Valves, and Hydrants Project No. 120-054
The Contractor and Surety arc bound to die Owner in the amount set forth above• for the payment of which the Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, as provided herein. The conditions of tins
Bond are such that if the Owner accepts the bid of the Contractor within the time 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 die Owner in accordance with
the terms of such bid, and 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 otheniise acceptable to the Owner, for the faithful performance of such Contract and for the prompt
payment of labor and material famished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of
this Bond, between the amount specified in said bid and such larger amount for which die Owner may in good faith contract whir another
party In per iimi lite work covered by said bid, then this obligation shall be null and void, otherwise ro remain in full Ibrce and eflecl. Tla
Surety heretq• ivaives any notice of all agreement between the Oiiner and Contractor to extend the time in which the Owner may accept the
bid. Waiver oft olico by the Surety shall not apply hr any extension exceeding sixty (60) days in the aggregate beyond the [into for
acceptance ol'bids specified in the bid documents, and Hie Owner and Contractor shall obtain the Surely's consent lbr an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontmctots bid to a Contractor, the tome Contractor in this Bond shall be doomed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been famished to comply with it statutory or other legal requirement in [be location of the Project, any provision in
this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conliaming to such
statutory or other legal requirement sball be deemed incorporated heroin. When so Ibmislied, the intent is that (Itis Bund Nhall be construed
as a statutory bond and not as a common late bond. ,teal air r r r r 4,
Signed and scaled this 24th day of November, 2020.
J :'GOMPA,y�,QiN
/ELI W -
F-raucon Fntrpri�c _q, LLC dha FPrgo�Vt�af&ty4or •, (ti :
(IVimm)-
(flde) .SEAL .•' • :�
r ,,;i I ^ Federal InsuranceComptany�.,
/nerd)''
(mtmevx) W Lee Wadkins By:
` •, "% li
Y .
(liNe) Pablo Rios, Jr. Attorne'�?liacfact
i
S•00841AS 8110
CHIS'
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I 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 FIRS INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the
Commonwealth of Pennsylvania, do each hereby constitute and appoint Christopher F. Mulvaney, Pablo Rios Jr. and Wendy Lee Wadkins
of Radnor, Pennsylvania------------------------------------------------------------------------------------------
each as thew true and lawful Attomey-in-Fact to execute under such designation in their names and to affix thein 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 bail bonds) given or executed in the course of business, and any
instruments amendingoralteringthesame, and consents to the modification or alteration of any instrumentreferred to insaidbonds orobligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY andACEAMERICAN INSURANCE COMPANYhave each executed and attested these presents and affixed thein corporate seals on this JSP day ofJanuary, 2020.
�iS9 [Sr�V 61. 3%1� ^ IP dv�
Dawn M. Chlorm, A&,isnmt Secretmy
STATE OF NEW JERSEY
County ofHunterdon St.
Stephen M. I piny. Vice President
00OW"JIV�ta.+z w4
On this 1S° day of]armary, 2020 before me, a Notary Public of NewJemey, personally came Dawn M Chloms and Stephen M. Haney, tome (mown to be Assistant Secretaryand
Vice Preslden4 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 affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
NomrialSeal 4p
� pe'•+y x
PU9lltt
�48JER9�
KATHERINE J. AOELAAR
NOTARY PUBLIC OF NEW JERSEY
No.2316685
Commission INPees July 16,2D24
Nman•Pubiir
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 AMERICAN INSURANCE COMPANY on March 20,2009:
-RESOLVED, that the followingauthoriatbns relate to the executors for and an behalf of the Company, of bonds hmderW fix mommlrances, ronnads and other written commtmenls of the Company
entered Into in the ordinary course ofbusiness(each a"Wripen Comm traerr):
(1) path of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to exismaany wrlten Commitment for and on behalf of the Company, under the
seal of Or Company or otherwise.
(2) Each duly appointed atomey-in-fact of the Company is hereby authorized W execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, W the extent thatsueh action is authorized by the giant ofpowers provided for In such person's written appointment as such attorney -t -tact
(3) Each of die Chahmer. the President and the Vice Presidents of the Company is hereby authorized, for and on behalf ofthe Company, W appoint in writing any person the mo mey
In fact of the Company with full power and authority in execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Com moents of the
Company as maybe spedfied in such written appointment which specifiamen may be by general type or class of Written ComndMents or by specification of one or more particular
William Commitments.
(4) Bch of the Chairman the President and to vice Presidents of the Company is hereby authorized. for and on behalfmthe Company, W delegate in writing W any other officer of the
Company the authority, W execute. for and on behalf of the Company, under the Companys seat or otherwise, such Written Commitments of the Company as are spedged In such
written delegation, which spedRatlon may be by general type or dass of Wdten Commltnents or by specifiation ofone or more particular Wrinen Commitments.
(5) The shormare army officer or other person executing any written CorNNtment or appointment or deltiman pursuant W till Resolution and the met of the Company, tray be affixed by
facsimile on such Written Coordinator or written appointment or delegation
FURTUIS RESOLVED, that the foregoing Resolution shag not bedeemed W be an excheive statement of the powers and authority ofoflicers. employees and other persons to act for and on behalf of
the Company, and such Resolution shall not Writ or otherwise aBect the exercise of any such power or authority otherwise validly granted or vested."
I, Dawn M. Chluros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the "Companies") do hereby certify that
(I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect,
(B) the foregoing Power ofAttorneyis true, correct and in full force and effect
Given under my hand and seals ofsaid Companies atwhitehoute Station M. this 24th day of November, 2020
q 9FJ1
b...' x
Daum M. Chlorrm. ,\ssistanL Sm'cmry°
IN THS EVENTY00 WIKII M VBRB'YTHB AUTHQTp'ICITYOFTHIS BOND ORNOTIFYUSOF ANY OTHERMATTER PLRASECONTACTUSAT:
Telehune(908)903-3493 Fax()08)903.3656 email sure@.hubbmm
Combined: FED-VIG-P1-VJFIPAAIC (rev, 11-19)
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
RESPONSIBLE BIDDER CHECKLIST
Project Name Ductile Iron Pipes, Valves, and Hydrants
Project No. 120-054
For Bids Due November 24, 2020, 9:00 a.m., Local Time
Contractor Name: F iawsa.. ufw-l-trw>rks
The City seeks to enhance its ability to identify responsive and responsible bidders on all City public
works projects by institution of comprehensive submission requirements in compliance with State law.
Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders
meet certain minimum requirements to be responsive and responsible bidders.
THIS FORM MUST BE SUBMITTED WITH YOUR BID.
INSTRUCTIONS:
If you are a pre -qualified bidder, complete Section I only.
If you are not a pre -qualified bidder, complete Section II only.
Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be
considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre-
qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6-
63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance")
for a period of twelve (12) months.
Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre-
qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified
Bidders") by December 315' for the upcoming calendar year, or within twelve (12) months of obtaining pre-
qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility
of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete
application for continuation of 'pre -qualified" standing within the time prescribed above shall result in
automatic removal of the designation, effective January 1 of the following year, or immediately following
the twelve (12) months of pre -qualified standing.
However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works
projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status
is re-established.
Please Note: The City reserves the right to request supplemental information from the bidder,
additional verification of any information provided by the bidder, and may also conduct random
inquiries of the bidder's current and previous customers regardless of pre -qualified standing.
It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to
the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid
opening.
POST BID SUBMISSIONS:
Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding
Ordinance. The post -bid submission requirements are as follows:
1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses
the name, address, licensing status, and type of work for any subcontractor from whom the bidder
has accepted a bid and/or intends to hire on any part of the public work project, including
individuals performing work as independent contractors.
2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty
thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of
the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the
subcontractor shall submit the required information (including the name, address, and type of
work) to the successful bidder prior to the commencement of work.
3. Failure of a subcontractor to submit the required information shall not disqualify the successful
bidder from performing work on the project and shall not constitute a contractual default and/or
breach by the successful bidder. However, the City may withhold all payment otherwise due for
work performed by a subcontractor, until the subcontractor submits the required information and
the City approves such information.
4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall
not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another
subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the
name, address, licensing status, and type of work of the substitute subcontractor.
5. The successful bidder and all subcontractors on a public works project are required to submit
certified payroll utilizing the federal form known as WH -347 or a similar form on a bi-weekly basis,
submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall
identify the job title and craft for each employee. Certified payrolls shall be submitted
electronically.
Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in
the automatic disqualification of the bid.
The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into
account all information in the submission requirements, determine whether a bidder is responsive and
responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to
utilize all information provided in the contractor's submission and any information obtained by the City
through its own independent verification of the information provided by the contractor.
PRE -QUALIFIED BIDDER CHECKLIST
(a) Acknowledgements:
(i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with
the City of South Bend and that I have met the pre -qualification requirements
within the last twelve (12) months. A copy of my Pre -Qualification verification
letter is attached.
(ii) _ By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided by me, and may also conduct random inquiries of my current and prior
customers.
(b) Attachments:
(i) _ Indiana Secretary of State's on-line records (ie. Business verification) dated
within sixty (60) days of the submission of said document showing that business
is in existence, current with the Indiana Secretary of State's Business Entity
Report, and eligible for a certificate of good standing. (Not applicable to
individuals, sole proprietors or partnerships).
(ii) _ Statement on staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work.
It outlines how I intend to meet the staffing needs of the work.
(iii) _ List of projects of similar size and scope of work performed in all areas, including
the State of Indiana, within the last three (3) years.
(iv) _ For every project, submit evidence of participation in apprenticeship and training
programs, applicable to the work to be performed on the project, which are
approved by and registered with the United States Department of Labor's Office
of Apprenticeship, or its successor organization.
IL PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED)
(a) Acknowledgements:
(i) By checking this box, I hereby acknowledge that I am not a pre -qualified bidder
with the City of South Bend.
(ii) By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided, and may also conduct random inquiries of my current and prior
customers. The City reserved the right to utilize all information provided in this
submission and all information obtained in inquiries or requests to determine if a
bidder is responsive and responsible. Additionally, I acknowledge that all
information provided to the City shall be regarded as public records.
By checking this box, I hereby acknowledge that copies of all Applicable
apprenticeship certificates or standards for training programs applicable to the
work performed on the project may be requested at any time and shall be
furnished upon request.
(iv) Y_ By checking this box, I hereby acknowledge and ensure that I and all sub-
contractors, from whom I have accepted a bid and/or intend to hire to perform
work on the public work project, are properly licensed. Furthermore, I
acknowledge my understanding that it is my responsibility to ensure that all sub-
contractors have the necessary licenses to undertake the work called for in this
bid. If a sub -contractor loses their license at any point, it is the responsibility of
that sub -contractor to notify the City.
(b) Attachments,
(i) _✓
Indiana Secretary of State's on-line records (is. Business verification) dated
within
sixty (60) days of the submission of said document showing that business is in
existence, current with the Indiana Secretary of State's Business Entity Report,
and eligible for a certificate of good standing. (Not applicable to individuals, sole
proprietors or partnerships).
(ii)
List identifying all former business names.
(iii) _
Any determinations by a court or governmental agency any violations of federal
state, or local laws including, but not limited to, violations of contracting or
antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and
Health Act (OSHA), or federal Davis -Bacon and related Acts, within the
preceding five (5) years.
(iv) _
Statement about staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work I
am bidding on OR outlines how I intend to meet the staffing needs of the work.
(v) _
Statement that individuals who will perform work on the public work project on my
behalf will be properly classified as an employee or as an independent contractor
under all applicable state and federal laws and local ordinances.
(vi) _
For every project, submit evidence of participation in apprenticeship and training
programs, applicable to the work to be performed on the project, which are
approved by and registered with the United States Department of Labor's Office
of Apprenticeship, or its successor organization.
(vii) _
Copy of a written plan for employee drug testing that covers all of my employees
who will perform work on the public work project and meets or exceeds the
requirements set forth in IC 4-13-18-5 or IC 4-13-18-6.
(viii) _
Evidence that I am utilizing a surety company which is on the Bureau of Fiscal
Service 'Department of Treasury's Listing of Approved Sureties" as required in
the bid specifications or contract.
(ix) Written statement of any federal, state or local tax liens or tax delinquencies
/ owed to any federal, state or local taxing body in the preceding three years.
(i) V List of projects of similar size and scope of work performed in all areas, including
the State of Indiana, within three (3) years prior to the date on which the bid is
due.
Date: OOW L" �er 23 f" 207-J
(Sign
�� Here)
(Print Name Here)
F?YaHs�� w(A4V' Odra
(Name o ompany)
1077 Oli,.PPr P�o�. Cokrt
(Address of Company)
�o n Nn
4,J
(City)
�5`14� Z$2�23Z3
(Telephone Number)
F0
To Whom it May Concern:
Effective March 31, 2019, Ferguson Enterprises, Inc. became Ferguson Enterprises, LLC (Ferguson). As a
result of the name change, we would like to provide you with the most recent W-9 Form attached for
your records,
This change for Income tax purposes requires the corporate income taxfrom the LLC to be reported
under the parent company, now Ferguson US Holdings Inc (FUST). As a result of this change all federal
documents, like W -9's and 1099s etc., are required to follow this rule and therefore, will show the
parent company. At the time of the entity conversion Wolseley Investments Inc (WII) was Fergusons
parent company. Because of this federal W-9 requirement it was determined that we should also
change the parent company name to Ferguson US Holdings Inc, for consistency when providing W -9's to
vendors. Effective May 2019, we changed the name of WII to Ferguson US Holdings.
Contracts and exemption certificates may still be under Ferguson Enterprises LLC since that is the
company doing the business, however we are unable to provide a W-9 that shows Ferguson as the
company on line 1 with the corresponding EIN. We can provide other backup from the IRS identifying
Ferguson Enterprises LLC and its corresponding EIN of 54-1211771, please find attached a copy of the
IRS confirmation letter for Ferguson Enterprises LLC and its EIN, In addition, the W-9 does provide a
section for disregarded entities & DBA's on line 2 which we have entered Ferguson Enterprises LLC to
show the relationship.
If you have any questions, please feel free to contact me at lennifer.pabon@ferauson.com or 757-223-
6893,
Regards,' J/„
QA 4.<.q.,x
Jennifer Pabon
Indirect Tax Manager
Ferguson Enterprises LLC
17500 Jefferson Aventlo
Newport News, VA 23602
Phone(757) 874.7705
Ferguson Enterprises, LLC utilizes the following DBA names;
Current and Former dba Names
Entitv Name
Action. Automation, a Wolseley Industrial Group company
Action Plumbing Supply.
Action Supply Co.
ADL
Alaska Pipe & Supply
Andrews Lighting & Hardware Gallery
BAC Appliance Center
Bath h Beyond
Blackman Plumbing Supply
Brack -McVey
Bruce -Rogers Company
Cal -Steam
Capital Distributing
CFP
City Lights Design Showroom
Cline Contract Sales
Custom Lighting & Hardware
Davies Water
Dealernet
Duhig Stainless
Equarius Waterworks, Meter =Gallery
Factory Direct Appliance
Ferguson Bath & Kitchen Galle
Ferguson Bath, Kitchen. & LighFerguson Direct
Ferguson Enterprises of Virgin
Ferguson Facilities Supply (FEI)
Ferguson Heating &Cooling
Ferguson Hospitality Sales
Ferguson HVAC
Ferguson HVAC - Air Cold
Ferguson HVAC - EastW est Air
Ferguson HVAC - Lyon Conklin
Ferguson Integrated Services
Ferguson International
Ferguson Parts & Packaging
Ferguson Valve & Automation
Ferguson. Waterworks
Ferguson Waterworks- Municipal Pipe
Ferguson Waterworks - Red Had
Ferguson Waterworks EPPCO
Ferguson Waterworks International
Ferguson.com
Galleria Bath & Kitchen Showplace
Grand Junction Pipe
**"updated 3/20/20
Entitv Name
Industrial Hub of the Carolinas
Innovative Soil Solutions
MG Products.
J.D. Daddario Company
Joseph G. Pollard Co..
Karl's Appliances
Kitchen Art
❑ghting Design Center
Lighting Unlimited
Lincoln Products.
Linwood Pipe and Supply
Louisiana Utilities Supply Company
LUSCO
McFarland supply
Michigan Meter
Mission Valley Pipe
Mississippi Utility Supply Co. (MUSCO)
PL Sourcing
Plumb Source
Plumbing Decor
Pollardwater
Powell Pipe & supply Co.
Professional's Bath Source
PV Sullivan. Supply
Ramapo Wholesalers
Rencor Controls
Reese Kitchen, Bath & Lighting Gallery
Renwes Sales
Robertson Supply
S.W. Anderson
SG Supply Co.
SOS Sales
Tarpon Wholesale Supplies
The Ar -Jay Center
The Plumbing Source
The Stock Market
TPW Kitchen '&Bath
Wallwork
Waterworks Industries
Webb Distributors
Westfield Lighting
Wolseley Financial Services
Wolseley Industrial Group
WPCC Forwarding
Wright Plumbing Supply
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BUSINESS INFORMATION
CONNIE LAWSON
INDIANA SECRETARY OF STATE
11/23/2020 11:10 AM
Business Name:
FERGUSON ENTERPRISES, LLC
Business ID:
198403-760
Entity Type:
Foreign Limited Liability Company
Business Status:
Active
Creation Date:
03/21/1984
Inactive Date:
12500 Jefferson Ave, Newport News, VA, 23602, USA
Principal Office Address:
12500 Jefferson Ave., Newport News, VA,
Expiration Date:
Perpetual
12500 Jefferson Ave, Newport News, VA, 23602, USA
23602, USA
William S. Brundage
12500 Jefferson Ave, Newport News, VA, 23602, USA
Jurisdiction of Formation:
Virginia
Business Entity Report Due
03/31/2022
12500 Jefferson Ave, Newport News, VA, 23602, USA
Treasurer
Date:
12500 Jefferson Ave, Newport News, VA, 23602, USA
Original Formation Date:
01/01/1800
Years Due:
Assistant Secretary
Title
Name
Address
Manager
Kevin M. Murphy
12500 Jefferson Ave, Newport News, VA, 23602, USA
Manager
William S. Brundage
12500 Jefferson Ave, Newport News, VA, 23602, USA
Manager
Alex B. Hutcherson
12500 Jefferson Ave, Newport News, VA, 23602, USA
Manager
Ian T. Graham
12500 Jefferson Ave, Newport News, VA, 23602, USA
President & Chief Executive Officer Kevin M. Murphy
12500 Jefferson Ave, Newport News, VA, 23602, USA
Chief Financial Officer
William S. Brundage
12500 Jefferson Ave, Newport News, VA, 23602, USA
Chief Operating Officer
Alex B. Hutcherson
12500 Jefferson Ave, Newport News, VA, 23602, USA
Senior Vice President & Secretary Ian T. Graham
12500 Jefferson Ave, Newport News, VA, 23602, USA
Treasurer
Brenda L. Crowder
12500 Jefferson Ave, Newport News, VA, 23602, USA
Assistant Secretary
James L. Cooper
12500 Jefferson Ave, Newport News, VA, 23602, USA
Assistant Secretary
Eric A. Gallo
12500 Jefferson Ave, Newport News, VA, 23602, USA
Assistant Secretary
Wesley E. Rice
12500 Jefferson Ave, Newport News, VA, 23602, USA
Assistant Secretary
Julie A. Yutesler
12500 Jefferson Ave, Newport News, VA, 23602, USA
Type:
Business Commercial Registered Agent
Name:
CORPORATE CREATIONS NETWORK INC.
Address:
8520 Allison Pointe Blvd #220, Indianapolis,
IN, 46250, USA
CERTIFICATE OF FACT
1 Cert the Foltowing from the Records of the Commission:
That Ferguson Enterprises, LLC is duly organized as a limited liability company under
the law of the Commonwealth of Virginia;
That the limited liability company was formed on March 31, 2019; and
That the limited liability company is in existence in the Commonwealth of Virginia as
of the date set forth below.
Nothing more is hereby cert fied.
Signed and Sealed at Richmond on this Date:
November 4, 2020
CERTIFICATE NUMBER: 2020110415117628
Document A310 TM - 2010
Conforms with The American Institute of Architects AIA Document 310
Bid Bond
CONTRACTOR:
(,'Warne, legaisfaPos and nddraty)
Ferguson Enterprises, LLC
dba Ferguson Waterworks
1077 Oliver Plow Court
South Bend, IN 46601
OWNER:
(Name, legalslaersandaddrars)
City of South Bend
1316 County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
BOND AMOUNT: 5%
SURETY:
(Mirme, leget/s/alux and principal place glhraineyy)
Federal Insurance Company
2028 Hall's Mill Road
Whitehouse Station, NJ 08889
Mailing Address for Notices
202B Hall's Mill Road
Whitehouse Station, New Jersey 08889
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.
Five Percent of the Base Bid plus Any Alternates
PROJECT:
(Nana, location oraddnss andl'raJaetunmber, i1 mr})
Ductile Iron Pipes, Valves, and Hydrants Project No. 120-054
The Contractor and Surety aro bound to the Owner in ilia amount set forth above• for the payment of which the Contractor and Surety bind
themselves• their heirs, oxecutors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this
Bond aro such that if ilia Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period
as may, be agreed to by tiro Owner and Contractor, and the Contractor either (I ) enters into a contract width the Owner in accordance with
the termsofsuch bid, and 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 Oaner, for the faithful perfomtance of such Contract and for the prompt
payment of labor and material fitmished in ilia prosecution thereof: or (2) pays to ilia Owner the difference, not to exceed ilia amount of
this Bond, between the amount specified in said bid and such larger amount for which ilia Owner may in good faith contract with another
party to peribrin the work covered by said bid, then this obligation shall be null and void, otherwise to remain in fill force and effect. The
Surety hereby waives any notice of un agreement between the Owner and Contractor to extend the time in which ilia Ownermay, accept the
bid. Waiverol'notice by ilia Surety skull not apply to tiny extension exceeding sixty (60) days in ilia aggregate beyond the time for
ucceplunce orbids specified in the bid documents, unit ilia Owner and Contractor %hull obtain ilia Surety's consent lir an extension beyond
%ixly (60) days.
If this Bond is issued in connection with a subcwltmetor's bid to a Contractor, the tcnn Contractor in this Bond shall be doomed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
When this nand has been filmished ht comply with it statutory or other legal requirement in the locution or ilia Project, any, provision in
this nand conflicting with mid statutory or legal requirement shall be deemed deleted herefrom and provi%ions conhrmting to such
statutory or other legal requirement %hail be deemed incorporated herein. Wizen so rumhabed, ilia intent i% that [Itis nand shall be construed
a%a statutory bond and nal as coniniotl law band. ..x80001/Ir
Signed and scaled this 24th day of November, 2020.
(U9bress)
(11711ness) W Lee Wadkins
Rios, Jr.
S•00541AS 8110
r0
trNTF ''•
RA
N?
:r
GININ
nmHN,
Power of Attorney
Federal Insurance Company I Vigilant insurance Company I Pacific Indemnity Company
Westchester Fire Insurance Company I 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 Christopher F. Mulvaney, Pablo Rios Jr. and Wendy Lee Wadkin5
ofRadnor, Pennsylvania-----------------------------------------------------------------------------------------------------------------------------------------
each as thew 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 bail bonds) given or executed in the course of business, and any
instruments amendfngoralteringthe mine, and camenis to the modification or alteration ofany instrument referred to in said bonds orobligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANYand ACE AMERICAN INSURANCE COMPANYhave each executed and attested these presents and affixed their corporate seals on this ISP day oflanuary, 2020,
Dawn M. Cbhxtx. A�IiS(anl S(VI darY
STATE OF NEW JERSEY
County of Hunterdon
AJ )W— vt'l, IXI v
I lanLry. Vice Ill sidcnt
*Wi
__O , W� � 999
On this IP day oflanuary, 2020 before me, a Notary Public of Newlersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be 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, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chimes 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 affixed by authority of said Companies; and
that their signatures as such officers were duly affixed and subscribed by like authority.
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 AMERICAN INSURANCE COMPANY on March 20,2009i
'RPSOLVBD, that the following authoroatbm relate In the execution, for and on behalfofthe Company, of bonds, undertskbtgs, necoguizaaces, contracts and other written commitments of the Company
entered into in the ordinary murse of bus uess (each a' W riven Comms tmenC):
(1) Each of the Chairman, the President and the We Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the
seal of the Company or otherwise.
(2) Fath duly appointed attorney in fact of the Company is hereby aulhorlmd to exeate any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is au demos l by the grant ofpowen provided for in such person's written appointment as such attorney-Infact
(3) Each of the Charman, the President and the Via Presidents of the Company is hereby authorized. for and on behalfofdie company, to appoint in writing any wrsm the attorney
intact of We Company with fW power and authority ill execute, for and on behalf of the Company, under the seal ofthe company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment which specification may be by general type or clan<of Written Commitments or byspeciflcaton of one or more particular
Written Commitments.
(4) Fach of the Chapman, die President and the We Presidents of the Company is hereby authorized, for and on behalfof the Company, in delegate N writing ill any other officer of die
Company the authority in execute. for and on behalf of the Company, under the Company's seal or oherense, such Written Commitments of the Company as are specified in such
written delegation. which spedfiadon may be by general type or dans of Written Commitments or by specification ofone or more pxrdcdar written Commitments.
(5) The signature of any officer or other person eoxaming any Witten Commimnent or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be aiibeed by
facAnde on such Written Worriment or wdtten appointr eenl or delegation.
RIRTHER RESOLVED, that the foregoing Resolution shall not be deemed In be an exclusive statement of the powers and audhomy of officers, employees and older persons to act for and on behalfof
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such poweror authority otherwise validly Round or nested."
L Dawn M. Chimes, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCFIESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutionsadopted by the Board of Directors ofthe Companiesam true, correctand in fallforce and effect,
(u) the foregoing Power ofAttomey is time, conmetand in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, ORS24th day of November, 2020
S fes, 1• • i BVa.
11. Chklols.A ismnI
IN THE RVFNFYOU WISH TO WRIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASECONTACr USAT.
Tele hone(908)9033493 l+ax(908)903-3656 e-mail, suretylelchublocorn
Combined: FED-VIG-PlkWFIC-AAIC (rev. 11-19)
Notarial Seal 46
OtsaP%
KATHERINE J. ADELAAR
NOTARY PUBLIC OF NEW JERSEY
. 5
PUBLIC
JERs�
No. 2316695
Commission Expaos July 16, 2924 APoary Public
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 AMERICAN INSURANCE COMPANY on March 20,2009i
'RPSOLVBD, that the following authoroatbm relate In the execution, for and on behalfofthe Company, of bonds, undertskbtgs, necoguizaaces, contracts and other written commitments of the Company
entered into in the ordinary murse of bus uess (each a' W riven Comms tmenC):
(1) Each of the Chairman, the President and the We Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalfofthe Company, under the
seal of the Company or otherwise.
(2) Fath duly appointed attorney in fact of the Company is hereby aulhorlmd to exeate any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise, to the extent that such action is au demos l by the grant ofpowen provided for in such person's written appointment as such attorney-Infact
(3) Each of the Charman, the President and the Via Presidents of the Company is hereby authorized. for and on behalfofdie company, to appoint in writing any wrsm the attorney
intact of We Company with fW power and authority ill execute, for and on behalf of the Company, under the seal ofthe company or otherwise, such Written Commitments of the
Company as may be specified in such written appointment which specification may be by general type or clan<of Written Commitments or byspeciflcaton of one or more particular
Written Commitments.
(4) Fach of the Chapman, die President and the We Presidents of the Company is hereby authorized, for and on behalfof the Company, in delegate N writing ill any other officer of die
Company the authority in execute. for and on behalf of the Company, under the Company's seal or oherense, such Written Commitments of the Company as are specified in such
written delegation. which spedfiadon may be by general type or dans of Written Commitments or by specification ofone or more pxrdcdar written Commitments.
(5) The signature of any officer or other person eoxaming any Witten Commimnent or appointment or delegation pursuant to this Resolution, and the seal of the Company, may be aiibeed by
facAnde on such Written Worriment or wdtten appointr eenl or delegation.
RIRTHER RESOLVED, that the foregoing Resolution shall not be deemed In be an exclusive statement of the powers and audhomy of officers, employees and older persons to act for and on behalfof
the Company, and such Resolution shall not limit or otherwise affect the exercise of any such poweror authority otherwise validly Round or nested."
L Dawn M. Chimes, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCFIESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that
(i) the foregoing Resolutionsadopted by the Board of Directors ofthe Companiesam true, correctand in fallforce and effect,
(u) the foregoing Power ofAttomey is time, conmetand in full force and effect.
Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, ORS24th day of November, 2020
S fes, 1• • i BVa.
11. Chklols.A ismnI
IN THE RVFNFYOU WISH TO WRIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASECONTACr USAT.
Tele hone(908)9033493 l+ax(908)903-3656 e-mail, suretylelchublocorn
Combined: FED-VIG-PlkWFIC-AAIC (rev. 11-19)
1316 COUNTY-C[rY BUR.DING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
April 25, 2017
Devin Nuner
Ferguson Waterworks
1077 Oliver Plow Court
South Bend, rN 46601
RE: Award Bid — Ductile Iron Pipe, Gate Valves, and Fire Hydrants
PHONE 574/235-9251
FAx 574/ 235-9171
Dear Mr. Nurser:
The Board of Public Works, at its meeting held on April 25, 2017, awarded the above
referenced bid to you in unit prices not to exceed $553,784.
A representative from the Water Works Department will contact you regarding the bid
award.
Please call this office with any questions regarding this matter at (574) 235-9251.
Sincerely,
Linda M. Martin, Clerk `
Enclosure
c: Ed Herman, Water Works
Roxanne Lawson, Water Works
Kim Thompson, Environmental Services
GARY A. GR.OT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
Sour BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
February 27, 2018
Devin Nuner
Ferguson Water Works
1077 Oliver Plow Court
South Bend, IN 46601
RE: Extension of Bid
Dear Mr. Nuner:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on February 27, 2018, approved the above
referenced bid extension to extend the 2017 Ductile Iron Pipe, Valves, and Fire Hydrant bid
for one (1) year at the same unit prices.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
wlbtk I
Enclosure
c: Ed Herman, Water Works
Roxanne Lawson, Water Works
Kim Thompson, Utilities
Darric Cole, Water Works
GARY A. GILOT SUZANNA M. FRITZBERO ELIZABETH A. MARADa JAMES A. MUELLER THERESE J. DORAU
1316 COUNTY-Crry BUILDING
227 W. JEFFERSON BOULEVARD
So(rrH BEND. INDIANA 46601.1830
Devin Nuner
Ferguson Waterworks
1077 Oliver Plow Court
South Bend, IN 46635
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
April 9, 2019
PHONE 574/235-9251
FAX 574/235-9171
RE; Award Bid— 2019 Street and Sewer Department Materials —Project No. 119-008
Dear Nuner:
The Board of Public Works, at its meeting held on April 9, 2019, awarded the above referenced
bid to the following, in the amount of unit prices, Your award will be listed in bold print.
a) Rieth Riley Construction Co., Inc.; Division A, C-1, C-3
b) Ozinga Ready Mir., Division B
c) Klink Trucking, Inc.; C-2, C-4, C-6
d) Ferguson Waterworks; Division D, G-1, G-2,0-3
e) American Highway Products; Division E
f) SealMaster Indianapolis; Division F
g) Bit -Mat Products of Indiana, Inc.; Division I
Bids for Line Items C-5, G-4, G-5, G-6, and 0-7 were rejected and no bids were received for
Divisions H and J.
A representative from the Public Works Department will contact you regarding the bid award.
Please call this office with any questions regarding this matter at (574) 235-9251.
Sincerely,
Linda M, Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH AMARADIK LAURA L. O'SULLNAN THERESEJ.DORAU
Thnothy Neese
Mayor
Board of Public Works
229 S. Second St.
Elkhart, IN 46516
✓aty unth a heart
NOTICE OF BID AWARD
March 26, 2019
Ferguson Waterworks
1077 Oliver Plow Court
South Bend, IN. 46601
RE: BID #19-01 Utility Materials
You were awarded the above Bid #19-01 on February 19, 2019
by the Board of Public Works per the enclosed bid tab memo.
After the Board of Works signs the Contracts, we will return an
original to you for your file.
Thank you.
Sincerely,
0D OF PUkd
ORKS
Nancy Wilso ,istrative Assistant
Enc: Bid Tab Award Memo, Bid Bond, Contracts
574.294.5471
Fax: 574.522.6794
SPECIFICATIONS
CITY OF SOUTH BEND
BID NAME Ductile Iron Pipes, Valves, and Hydrants (PN 120-054)
FOR BIDS DUE November 24, 2020, 9:00 a.m., Local Time
Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend in accordance
with the following attachment(s) which specify the class or item number or description, quantity,
unit, unit price.
PROJECT DESCRIPTION
This project includes the furnishing of materials to be used by the Water Works Department for
the City of South Bend for the year 2021. All prices will remain in effect for one (1) calendar year
from the date of award with extension of the same bid prices for another year if agreed by both
parties. 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 pursuant to these specifications shall be awarded to the lowest responsible and
responsive vendor.
IL 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
current INDOT Standard Specifications.
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
Ie�r:Clfi[m
1. Each Bid provider shall completely execute and submit the following documents with the
Bid:
a. City of South Bend Contractor's Bid for Public Work Form
b. 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.
c. Responsible Bidder Checklist
IV. TERM "OR EQUAL"
A. Prevailing Specifications: None
tw.A591111156 Am
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
B. Additions:
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
NEW—MO l 156M,
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 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.
Vlll. WARRANTY
A. Prevailing Specifications: None
1=]W-,[ •
1. All parts shall include the following:
(i) Performance specifications;
(ii) Bill of materials
(iii) Warranties on all parts; and
(iv) Installation and safety requirements.
IX. CONTROL OF WORK
A. Prevailing Specifications/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.
X. DEFAULT AND TERMINATION
A. Prevailing Specifications/INDOT Standard Specifications Section: 108
B. Additions:
1. 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/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. 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
i. First test failure — 10% reduction of actual material cost.
H. 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.
3. 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.
4. The parties recognize that time is of the essence in regard to this Contract and that City will
suffer financial loss if the equipment, supplies, services are not delivered within the times
specified on the Contract.
a. It is agreed between the parties hereto that if Contractor shall not deliver the
equipment, supplies, services and/or other obligations by the date specified in
the Contract, City shall use the bid bond or certified check of bidder as liquidated
damages
b. Should the Contractor fail to provide or perform the equipment, supplies, services
and/or other obligations pursuant to the Contract, and should the City then elect
to bid a new project that will replace the Contract, any bid for the project from
Contractor will be considered only if Contractor can demonstrate the ability to
deliver and perform the equipment, supplies, services and/or other obligations in
a timely fashion.
c. It is agreed between the parties hereto that if Contractor shall not deliver the
equipment, supplies, services and/or other obligations by the time specified in the
Contract, City shall award all or part of the material to the next lowest bidder.
XIII. DELIVERY
A. Prevailing specifications/INDOT Standard Specification Section: None
B. Additions:
1. Items shown in the specifications to be delivered shall be delivered to the South Bend
Water Works Olive Street Station, 915 South Olive Street, 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. The bid proposal shall specify as per unit cost of delivery for all items specified for
delivery.
XIV. DUCTILE IRON PIPE & FITTINGS
A. Prevailing Specifications/INDOT Standard Specifications Section: ANSI 21.51, AWWA C151
B. Additions:
1. 18 -foot lengths of ductile iron pipe shall conform to the requirements of the American
National Standards Institute (ANSI) 21.51, or American Water Works Association
(AWWA) C151, thickness Class 50 push -on joint pipe.
2. Ductile iron pipe and fittings shall have hot coal tar coating in accordance with American
Standards Institute for Coal -Tar Dip Coating for Cast Iron Pipe and Fittings.
3. Ductile iron pipe and fittings shall be cement -lined, conforming to ANSI A21.4 or AWWA
C104.
4. Rubber gasketjoints shall conform to the requirements of ANSI A21.11 or AWWA C111.
5. All domestic materials shall be shipped free on board destination, freight prepaid, in open
flatbed trucks to the South Bend Water Works Olive Street Station, 915 South Olive
Street ("F.O.B. Destination') or otherwise specified by the Owner within 5 miles of the city
limits of South Bend, Indiana. Pipe shall be delivered within three working days of
purchase order.
6. Invoices shall be submitted to the address shown on the purchase order.
7. Bid prices shall remain in effect for one (1) calendar year from the date of award with
extension of the same bid prices for another year if agreed by both parties. Quantities of
materials will be ordered as needed.
XV. RESILIENT SEAT/GATE VALVES
A. Prevailing Specifications/INDOT Standard Specifications Section: AWWA C509
B. Additions:
1. Resilient seated gate valves shall be epoxy -coated, resilient wedge, open right, designed
for 200 PSI working pressure and meeting the requirement of AWWA C509.
2. Valves shall be bronze non -rising stem, mechanical joint (MJ), 2" square operating nut for
vertical installation with two O-ring stem seals, and rubber -coated or rubber -sealed gate.
3. Valves shall be manufactured by Clow or Mueller.
4. All valves shall be supplemented with stainless steel nuts, bolts, and additional valve
accessories. Kits shall be provided with domestic wedge action retainer glands.
5. All domestic materials shall be shipped free on board destination, freight prepaid, in open
flatbed trucks to the South Bend Water Works Olive Street Station, 915 South Olive
Street ("F.O.B. Destination") or otherwise specified by the Owner within 5 miles of the city
limits of South Bend, Indiana. Gate valves shall be delivered within three working days of
purchase order.
6. Invoices shall be submitted to the address shown on the purchase order.
7. Bid prices shall remain in effect for one (1) calendar year from the date of award with
extension of the same bid prices for another year if agreed by both parties. Quantities of
materials will be ordered as needed.
XVI. FIRE HYDRANTS
A. Prevailing Specifications/INDOT Standard Specifications Section: AWWA C502
B. Additions:
1. Fire hydrants shall conform to the most recent version of AWWA C502; two, 2'/" nozzles
with National Standard thread and one, 5' pumper nozzle with South Bend Fire
Department special thread; chained nozzle caps; 1" square operating nut to open
clockwise; 1" square nozzle caps nuts; 360 degree rotatable upper barrel of break -flange
design; painted red, white, and blue; extension for a 6 foot trench depth; 6" inlet with
gasket and wedge action retainer gland. The inlet connection (shoe) shall be oversized to
fit old and new pipe, having an outer diameter range from 6.9" to 7.1".
2. The nominal 5" pumper nozzle shall have an I.D. of at least 4.75'.
3. The main valve size shall be 5.25' in diameter; the main valve shall close with, and be
held closed by, normal water pressures. The inside of the shoe and the lower plate valve
shall be epoxy -coated where exposed to pressurized water.
4. Fire hydrants shall have varying bury depth lengths ranging from five (5) feet to seven (7)
feet. Quantities of the lengths are specified in the bid unit price.
5. Fire hydrants to be manufactured by Clow Medallion or Mueller Super Centurion.
6. All fire hydrants shall be provided with stainless steel nuts, bolts, and fire hydrant
accessories. Kits shall be provided with domestic wedge action retainer glands.
7. All domestic materials shall be shipped free on board destination, freight prepaid, in open
flatbed trucks to the South Bend Water Works Olive Street Station, 915 South Olive
Street ("F.O.B. Destination") or otherwise specified by the Owner within 5 miles of the city
limits of South Bend, Indiana. Fire hydrants shall be delivered within three working days
of purchase order.
8. Invoices shall be submitted to the address shown on the purchase order.
9. Bid prices shall remain in effect for one (1) calendar year from the date of award with
extension of the same bid prices for another year if agreed by both parties. Quantities of
materials will be ordered as needed.
CONTRACT DOCUMENTS AND SPECIFICATIONS
Project No. 120-054
Ductile Iron Pipes, Valves, and Hydrants
Prepared for
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
m
Leslie Biek, PE
FOR BIDS DUE: November24,2020
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. Addendum to Specifications
C. Specifications
D. Special Provision
E. Instructions to Bidders
F. Notice to Bidders
4. DELIVERY OF BIDS
A. Bids must be delivered electronically to bnwbids(ar)soutbbendin.¢ov by the time specified (local
time) in the Notice to Bidders.
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. The Title of the Bid and Project Number (where applicable) as described above must be
included in the subject line of the email to which you have attached your bid. The name of the
company/vendor, address, contact email address and phone number must be included in the
body of the email. Detailed instructions and information, including the link to the Reserved
Mailbox for electronic bid submittals, is available at southbendin.gov/bids.
D. 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.
E. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is
delivered in a separate, sealed envelope, with the envelope cleariv 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.
F. The Board may reject any bid that does not conform to these requirements as non.
responsive.
5. 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. 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.
8. 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.
9. PRICES MUST BE DELIVERED PRICES
A. The bid price shall be a delivered price. All materials shall be shipped free on board
destination as specified in the Invitation to Bid. No fuel surcharges accepted.
10. 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.
11. 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.
12. 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.
13. PURCHASE ORDERS
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
14. NEW MANUFACTURE
A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the
latest model of manufacture.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
NOTICE TO BIDDERS
Notice is hereby given that the City of South Bend, Indiana, Board of Public Works will receive sealed
electronic bids at bpwbids southbendin.gov until 9:00 a.m., Local Time, on November 24, 2020 for the
following:
Ductile Iron Pipes, Valves, and Hydrants
Project No. 120-054
The Title of the Bid and Project Number (where applicable) as described above must be included in the
subject line of the email to which you have attached your bid. The name of the company/vendor, address,
contact email address and phone number must be included in the body of the email. Detailed instructions
and information, including the link to the Reserved Mailbox for electronic bid submittals, is available at
southbendin.gov/bids.
This is a material bid for Ductile Iron Pipes, Valves and Hydrants for the City's Water Department.
The Contract Documents are on file and available for public inspection or purchase commencing on the
first advertise date during regular working hours at American Reprographics Company ("ARC", located at
1303 Northside Blvd., South Bend, Indiana, 46615), www.e-arc.com/location/south.bend/ (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. Additionally, the Contract Documents will be available that same
day for inspection at MACIAF, 212 W. Colfax Ave. South Bend, IN 46601.
Electronic bids must be on the City of South Bend Contractor's Bid for Public Work Form, accompanied
by an electronic copy of a Bid Bond or Certified Check in the amount of not less than five percent (5%) of
the base bid plus any alternates. The awarded bidder will be required to send the original check or bid
bond via USPS.
Each bidder or contractor (hereinafter the contractor) must comply with "City of South Bend EEO
Contracting Provision Diversity Utilization" included in the specifications as to each construction trade it
intends to use on this construction contract and all other construction work (bath federal and non-federal)
in the St. Joseph County area during the performance of this contract or subcontract. The contractor
commits itself to the goals for minority manpower and all other requirements, terms and conditions of
these bid conditions by submitting a properly sealed bid. Woman and Minority -Owned Business
Enterprises (W/MBE) are encouraged to respond to this notification. It is the sole responsibility of the
potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the
Responsible Bidder Ordinance no later than the date of the public bid opening. Please note: The City
reserves the right to request supplemental information provided by the bidder, and may also
conduct random inquiries of the bidder's current and previous customers regardless of pre-
qualified status.
The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids
which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award
the base bid plus any alternate(s), the Board will look at the totality of the cost when determining the
lowest, responsive and responsible bid.
BOARD OF PUBLIC WORKS
Linda M. Martin, Clerk
Publish two (2) times:
November 6, 2020
November 13, 2020
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 at bpwbids _ soutbbendin.aov 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.
CITY OF SOUTH BEND
EQUAL EMPLOYMENT OPPORTUNITY CONTRACTING
PROVISIONS DIVERSITY UTILIZATION
It is the policy of the City of South Bend to provide equal employment and business
opportunity for all persons, partnerships, companies, and corporations in accordance with the rules,
regulations and guidelines of the applicable federal, state and local laws. This policy of equal
employment and business opportunity shall apply to every contractor or subcontractor bidding or
holding a public contract with the City of South Bend.
In furtherance of this policy, the following Equal Opportunity Clauses are hereby made a part
of every construction contract entered into by the City of South Bend and all subcontractors
entered into pursuant to any such contract and the bidder hereby certifies that it/he/she will abide
by these provisions.
The contractor will not discriminate against any applicant or employee because of
race, color, religion, sex, national origin, or handicap. The contractor will take
affirmative action to ensure that all applicants or employees are treated fairly and
equitably. Such action shall include but not be limited to the following: hiring, up-
grading, demotion or transfer, recruitment, advertising, lay-offs or termination, rates
of pay or other forms of compensation and selection for training including
apprenticeship programs.
The contractor shall agree to post in conspicuous places available to employees and
applicants, notices to be provided setting forth the provisions of the Non -
Discrimination Clause.
The contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin.
The contractor will send to each labor union or representative of workers with
which it/he/she has a bargaining agreement or other contract or understanding,
a notice to be provided, advising the labor union or worker's representatives of
the contractor's commitment under this section, and shall post copies of the
notices in conspicuous places available to applicants and employees.
The contractor will comply with all provisions of Executive Order 11246 (as amended
by 11375) and of the rules, regulations and relevant orders of the Department of
Labor.
Subpart B --Contractors' Agreements
Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all
Government contracting agencies shall include in every Government contract hereinafter entered
into the following provisions:
"During the performance of this contract, the contractor agrees as follows:"
"(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The contractor
will take affirmative action to ensure that applicants are employed, and that
employees are treated equally during employment, without regard to their race,
color, religion, sex or national origin. Such action will include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or
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 in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the
administering agency in the discharge of the agency's primary responsibility for
securing compliance.
The applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation
of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to
Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may
take any or all of the following actions: Cancel, terminate, or suspend in whole or
in part this grant (contract, loan, insurance, guarantee); refrain from extending
any further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has been
received from such applicant; and refer the case to the Department of Justice for
appropriate legal proceedings.
* Corrected to read "invoked". In the original text the word "involved" was printed in error.
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY DEVELOPMENT PROGRAM
The City of South Bend, Indiana has shown its commitment to addressing Minority Business ("MBE") and
Women's Business Enterprise ("WBE") participation in public contracting through the adoption of the City
of South Bend Ordinance No. 10081-11. Persons, partnerships, corporations, associations, or joint
ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions
shall not discriminate against any employee or applicant for employment in the performance of a City
contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly
or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age or
disability that does not affect that person's ability to perform work.
Minority and Women's Businesses are described on the Indiana Department of Administration website:
http://www.in.gov/idoa/. It is the bidder's sole responsibility to verify whether any listed minority or woman
business meets the qualifications of a Minority or Women's owned business. Documentation shall be
provided with the bid that states the MBE/WBE that will be contracted, the dollar amount of the work that
will be performed on the project and the percentage of the dollar amount as it relates to the total bid
amount by using Form MWBE-1.0, MBE/WBE Participation Form.
The City, its agencies, boards, or commissions requires the Contractor's good faith efforts to obtain
participation by those Contractors classified as a Minority Business ("MBE") or as a Women's Business
Enterprise ("WBE").
Failure to provide ALL the required evidence of good faith efforts with the bid will be grounds for
rejecting a bid as non-responsive.
The requirements that bidders shall supply as good faith efforts to have active participation from MBEs
and/or WBEs on this Project is written documentation evidencing the efforts by using Form MWBE-2.0,
Evidence of Good Faith Efforts and Form MWBE-2.1, MBE/WBE Contacted. Such documentation shall
include but is not limited to the following items:
a. A listing of all MBE/WBEs contacted including: (1) the name and address of the MBE/WBE; (2)
the date of contact; (3) the type of contact (i.e. phone call, written solicitation, etc.); (4) the nature
or type services or goods requested; and (5) the result of the contact.
b. Written evidence of outreach and copies of email exchanges inviting and receiving quotes or
other responses from MBE/WBE businesses or other documentations of efforts to encourage
and secure competitive quotes from MBE/WBE and local businesses to be included in the
benefits of building this Project.
c. Written documentation of letters of introduction, invitations to forging majority/minority strategic
alliances for capacity building including but not limited to mentoring, extensions of assistance on
payroll, insurance, bonding, line of credit, technical skills or business skills.
All bidders are actively encouraged to reach out to the MBE/WBE businesses in St. Joseph County,
Indiana and other local Indiana counties to utilize a goad faith effort to forge constructive and lasting
business partnerships.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply with
applicable federal, state, and local laws.