HomeMy WebLinkAboutOpening of Quotes - 2022 Biosolids Trucking for Land Application Annual Contract Proj No. 122-031 - Trucks R Us Inc.BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 02-10-2022
Name: Jacob M. Klosinski, PE Department of Public Works – Engineering Division
BPW Date: 02-22-2022 Phone Extension:9496
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Clara McDaniels
Purchasing Michael Schmidt
Check the Appropriate Item Type –Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name 2022 Biosoilds Trucking for Land Application Annual Contract
Project Number 122-031
Funding Source 641-06-605-515-439001
Account No. PR #00015085
Amount
Terms of Contract “On-Call”, “Per Truck, Per Hour” Unit Price
Special Contract Provisions
Purpose/Description Request for the Board of Public Works to receive and open Quotes for the
2022 Biosolids Trucking for Land Application Annual Contract at its
02/22/2022 Meeting.
For Change Orders Only
Amount of
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($ )
Previous Amount $
Current Percent of Change:
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New Amount $
Total Percent of Change:
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Time Extension Amount:
New Completion Date:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
Project No. 122-031
2022 Biosolids Trucking for Land Application Annual Contract
February 2022
Prepared for
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
By
CITY OF SOUTH BEND
DIVISION OF ENGINEERING
1316 COUNTY-CITY BUILDING
227 WEST JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601
FOR QUOTES DUE: February 22, 2022
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 February 22, 2022 for the
following:
2022 Biosolids Trucking for Land Application Annual Contract
Work includes the supply of trucks and drivers to transport belt pressed biosolids for land application within
a 50 mile radius of the City of South Bend, Indiana, all more particularly described in plans and
specifications prepared by the City of South Bend Department of Public Works, Division of Engineering,
phone (574) 235-9251.
Specifications are available for download by visiting the City of South Bend’s web page at
www.southbendin.gov:
Click on “I’m Looking For”
Click on “Doing Business in South Bend”
Click on “Submit a City Contract Bid – Invitations to Bid”
Click on the “Required Link” to register your company. You must register to receive
addenda and updates to the specific bid you are interested in. Failure to do so
could render your bid non-responsive to the specifications.
There is no charge for the specifications. The specifications are also available for review only during
regular working hours in the Department of Public Works, 1308 County-City Building, South Bend,
Indiana 46601.
Quotes received after 9:00 a.m., Local Time, on February 22, 2022, will be returned unopened.
Quotes must be on the City of South Bend Contractor’s Bid for Public Work Form, accompanied by a
Certified Check or Bid Bond in the amount of $5,000.00 in a sealed envelope noting the project name and
your company’s information on the front. A refund of the bid security will be issued upon satisfaction of Bid
Award.
Each bidder or contractor (hereinafter the “contractor”) must comply with the Minority and Women Business
Enterprise Inclusion Program Plan as set forth in the City of South Bend Ordinance No. 10761-21 included
in the specifications as to each construction trade it intends to use on this construction contract and all other
construction work (both federal and non-federal) in the St. Joseph County area during the performance of
this contract or subcontract. The contractor commits itself to the goals for Minority and Women’s Business
Enterprises (MWBE) and all other requirements, terms and conditions of these bid conditions by submitting
a properly sealed bid. Minority and Women’s Business Enterprises are encouraged to respond to this
notification. Please note: The City reserves the right to request supplemental information provided
by the bidder and may also conduct random inquiries of the bidder’s current and previous
customers regardless of pre-qualified status.
The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids
which, in its judgment, will be to the best interest of the City of South Bend.
BOARD OF PUBLIC WORKS
Theresa Heffner, Clerk
Publish:
City of South Bend Website
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 electronic bids:
All sealed electronic bids submitted to the Board of Public Works
must be received electronically in the bpwbids@southbendin.gov
inbox no later than 9:00 a.m., Local Time, in the Board of Public
Works Office, 1316 County-City Building, South Bend, Indiana, no
later than the advertised time on the advertised date of the bid
opening.
It shall be the responsibility of the bidder to see that his/her bid is
received prior to the deadline stipulated in the bid advertisement.
Notice is hereby given that the City of South Bend, Indiana Board
of Public Works will receive sealed electronic bid responses at
bpwbids@southbendin.gov until 9:00 a.m., Local Time, on February
22, 2022. Responses received after the advertised time deadline
will not be considered by the Board.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Theresa Heffner, Clerk
NOTE: The Board of Public Works is currently processing only sealed electronic bid
submissions for the subject project.
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.
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SCOPE OF WORK
CITY OF SOUTH BEND
PROJECT NAME: 2022 Biosolids Trucking for Land Application Annual Contract
PROJECT NO. 122-031
QUOTES DUE February 22, 2022
I. PROJECT DESCRIPTION
A. The project includes the furnishing of all equipment, material, insurance, and labor for the 2022
Biosolids Trucking for Land Application Annual Contract within the City of South Bend, IN in
accordance with the Specifications and Special Provisions.
II. GENERAL CONDITIONS
A. It is the City of South Bend intent of these specifications to describe a request for bids for trucking and
hauling services required by the City of South Bend. Between one (1) and ten (10) trucks shall be
required per day at various dates throughout the 2022 calendar year. The trucks and drivers supplied
by the bidder will be used to haul belt pressed, wastewater biosolids from the City’s Organic Resources
Facility, 4340 Trade Drive, South Bend, Indiana 46628 to various sites within a fifty (50) mile radius of
the Organic Resources Facility.
B. Since the trucking will take place as field and crop conditions become ready, it is impossible to
anticipate the exact dates when the trucking services will be required. The number of trucks contracted
per day will vary based upon the amount of hauling required. This determination will be made by the
Superintendent of the Organic Resources Facility.
C. The wastewater biosolids to be transported have between twelve (12) percent and forty (40) percent
solids content. All trucks will be loaded by an employee of the Organic Resources Facility. The trucks
will be required to travel to a specific location (to be determined) and unload the biosolids in a
designated area. Each driver will be supplied with paperwork and instructions that will need to be filled
out accordingly for proper record of delivery.
III. BIDDING REQUIREMENTS
A. Prevailing Specifications: 2022, INDOT Standard Specifications, Section 102
B. Additions:
1. Each Bid provider shall completely execute and submit the following documents with the Bid:
a. City of South Bend Contractor’s Bid for Public Work Form.
b. Bid Bond stating $5,000.00 or Certified Check of $5,000.00.
c. Contractor’s Non-Collusion and Non-Debarment Affidavit, Certification Regarding Investment
with Iran, Employment Eligibility Verification, Non-Discrimination Commitment and Certification
of use of United States Steel Products or Foundry Products.
d. MBE/WBE Utilization Plan and Forms.
IV. 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.
V. INDEMNIFICATION
A. Prevailing Specifications: None
B. Additions:
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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/Quote provider.
2. The Contractor shall be responsible for complying with all laws and limitations set forth by the
Indiana Department of Motor Vehicles relative to the condition and operation of the trucks, including
loaded weight. All truck drivers employed by the contractor shall be licensed to operate the trucks
used for transporting biosolids through the duration of the project.
3. It shall be the Contractor’s responsibility for any damage to public or private property caused by
accidental spillage of the biosolids after the biosolids have been deposited into the Contractor’s
trucks.
VI. INSURANCE
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103
B. Additions:
1. All Contractors and subcontractors doing business with the City of South Bend shall present a
Certificate of Insurance showing coverage in the following minimum amount:
a. General Liability: Premises-Completed Operations or Products, Bodily Injury and Property
Damage Combined Single Limit - $5,000,000.
b. There shall be no exclusion for explosion, collapse or underground hazard.
c. Workmen’s Compensation: Statutory State of Indiana Employer's Liability - $100,000.
d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000.
e. The City of South Bend shall be named as additional insured on the Certificate of Insurance.
f. Contractor and subcontractors shall provide any and all insurance policies, documents,
endorsements, or certificates related to this Contract immediately upon the request of the City
of South Bend.
VII. AWARD OF CONTRACT
A. Prevailing Specifications: 2022, INDOT Standard Specifications, Section 103
B. Additions:
1. All Quotes will remain subject to acceptance for sixty (60) calendar days after the day of the Quote
opening, but the City of South Bend may in its sole discretion, release any Quote and return the
Quote/Bid security prior to that date.
2. Successful bidder from award notice will have fourteen (14) calendar days to submit a fully
executed contract, Certificates of Insurance, and other required documents from either the awarded
contractor and/or the subcontractors. Failure to comply with the award period may be cause for the
Board of Public Works to rescind the award.
VIII. BONDING REQUIREMENTS
A. Prevailing Specifications, 2022, INDOT Standards Specifications, Section 103
B. Additions:
1. The successful Quote/Bid shall supply the following bonds:
a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one
hundred percent (100%) of the contract amount.
b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one
hundred twenty-five percent (125%) of the contract amount.
c. No Maintenance Bonds are required for this contract.
IX. CONTROL OF WORK
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 105
B. Additions:
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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.
2. Work hours for the Project shall be from 6:00 a.m. through 6:00 p.m., Local Time, Monday through
Sunday on an “on call” basis.
3. Biosolids application periods typically occur during the spring months prior to planting season and
fall months after harvest. However, biosolids application may occur outside of the normal
application periods.
X. LEGAL RELATIONS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 107
B. Additions:
1. The Owner, where mentioned in these documents, is the City of South Bend.
2. The Contractor shall apply for and obtain any and all required permits for the work from local, state,
and federal agencies and shall comply with permit requirements, including the St. Joseph County
/ City of South Bend Building Department.
3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor
shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with
the Secretary of State of Indiana to engage in business within the State of Indiana.
4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner
reserves the right to immediately terminate the public work project awarded should the Contractor
be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result
in the forfeiture of Contractor’s performance bond to the Owner.
XI. PROSECUTION AND PROGRESS
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
1. The project will have a termination date of December 31, 2022. The contract time will start when
the Notice to Proceed is delivered and signed.
2. The Director of Utilities, Wastewater Operations Manager, Superintendent of Organic Resources
Facility, and Contractor will hold a pre-hauling meeting following award of the contract.
3. The Contractor shall schedule an inspection of all Contractor’s vehicles and subcontracted vehicles
that the Contractor will use for hauling prior to beginning work. Vehicles not meeting inspection
requirements will be deemed unsuitable for transport. City of South Bend shall have full discretion
in determining whether a vehicle meets the general requirements for hauling biosolids materials.
4. Owner shall communicate land application schedule with Contractor.
XII. CHANGE OF CONTRACT TIME
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the
Contract Time shall be based on written notice delivered to the Department of Public Works within
seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent
of the claim with supporting data shall be delivered within fourteen (14) calendar days after such
occurrence unless an official of the Public Works Department allows an additional period of time to
ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost
to delays beyond the control of the Contractor if a claim is made in accordance with this provision.
Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor
disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God.
2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An
extension is granted for weather conditions significantly more severe than normal if the Contractor
demonstrates to the satisfaction of the City that the delay in the progress of the work was due to
such weather. The basis to define normal weather with be the data compiled by the United States
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA).
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3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including
fault or negligence of Contractor’s subcontractors, caused the delay, or for which any remedies are
provided under any other provision of this agreement.
4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of
any rights or remedies existing under this contract at law or in equity.
XIII. DEFAULT AND TERMINATION
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
B. Additions:
1. Events of Default shall include Contractor’s failure to perform any of its obligations under this
contract including failure to commence work at the time specified, failure to perform the work in
accordance with these specifications, unauthorized discontinuation of the work, failure to carry out
the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or
regulations, and failure to comply with any other term of this contract.
2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit
Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is
not cured within the ten (10) day cure period, the City may at any time thereafter terminate this
contract in which case the termination shall be final and effective.
3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies
provided under separate provisions of this contract, the right of set-off against any payments due
or to become due to the Contractor against the retainage, the right to take over and complete the
Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that
the Contractor has in order under Contractor’s subcontracts are assigned to the City, subject to the
City’s right to take assignment of all or only selected subcontracts at the City’s discretion. The sole
obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed
after the date of the assignment. In the event a conditional assignment has not been executed, the
Contractor shall execute or cause to be executed any assignment, agreement, or other document
that may be necessary in the sole opinion of legal counsel to the City’s Board of Public Works to
evidence compliance with this provision. The Contractor shall promptly deliver such documents
upon the City’s request. In the case of such assignment, unless otherwise agreed in writing, The
Contractor remains liability to subcontractors for any payment already involved, and for any claim,
suit or cause of action based upon or resulting from any error, omission, negligence or other breach
of contract by the Contractor, its officers, employees, or agents arising prior to the date of
assignment to the City.
XIV. RETAINAGE AND FINAL PAYMENT
A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 109
B. Additions:
1. Payments will be made every thirty (30) calendar days. Contractor is required to submit the
completed “AIA Document G702™ - 1992” form to the City of South Bend Board of Public Works
along with electronic certified payrolls for the billed time period.
2. Invoices shall be billed monthly or as agreed upon between the Owner and Contractor. Given the
nature of this contract as a hauling contract. No retainage shall be held on invoices. Invoices shall
be paid in full unless there is a discrepancy between the Owner’s Records and Contractor’s claims
for payment.
3. Before final payment is released the Contractor must satisfy the following:
a. All trucking performed shall meet the requirements stated in the specifications.
b. Provide copies of truck delivery trip tickets for all materials transported.
c. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of Final Waiver
of Lien.
d. MBE/WBE reporting requirements shall be completed as scheduled. City shall confirm that the
Contractor has met all MBE/WBE requirements prior to releasing the final payment.
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XV. DESCRIPTION OF WORK
A. Prevailing Specifications: None
B. Additions:
1. Work to be performed shall include furnishing all labor, services, materials, insurance and
equipment to for the trucking of belt pressed biosolids for land application according to the intent
of the Specifications and Special Provisions. Land application will occur within the City of South
Bend and within a 50-mile radius of the Organic Resources Facility at 4340 Trade Drive, South
Bend, Indiana 46628.
2. The Base Quote covers the Contractor’s price for “per truck, per hour” hauling and use according
to the intent of the Specifications and Special Provisions.
3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor’s operations.
XVI. M/WBE GOALS
A. Prevailing Specifications: City of South Bend Ordinance No. 10761-21, Minority and Women
Business Enterprise Inclusion Program Plan
B. Additions:
1. The M/WBE Goals for this Project are
a. The Minority Business Enterprise (MBE) participation goal is 6.4 %.
b. The Women Business Enterprise (WBE) participation goal is 10.5 %.
2. Complete FORMS MBE-1.0 MBE Utilization Plan and WBE-1.0 WBE Utilization Plan and submit
with Bid Proposal.
3. Complete FORMS MBE-2.0 Evidence of Good Faith Efforts and WBE-2.0 Evidence of Good Faith
Efforts and submit with Bid Proposal.
4. Complete FORMS MBE-2.1 MBE Contacted and WBE-2.1 WBE Contacted and submit with Bid
Proposal.
XVII. TRUCK/VEHICLE REQUIREMENTS
A. The trucks shall have a minimum load capacity of fifteen (15) cubic yards each. Tri-axle or Quad-axle
vehicles are the preferred type of trucks for this contract. It shall be the Contractor’s responsibility to
prevent any spillage of biosolids due to tailgate failure. Two (2) mechanical locking devices, standard
and mechanical, shall be used as a safety measure. Trucks shall be equipped with a tarpaulin to cover
the bed of the truck. Each truck shall cover its truck bed with the tarpaulin prior to leaving the Organic
Resource Facility. It shall also be the Contractor’s responsibility to shovel off tailgate aprons, if needed,
and to keep the truck tires reasonably clean to prevent spillage on road surfaces. The successful bidder
will be required to have all transport vehicles inspected by the City of South Bend Organic Resources
Superintendent at the Organic Resources Facility and schedule an appointment to have their fleet
inspected prior to work. Vehicles that do not meet the minimum requirements for biosolids transport
may not be used. The City of South Bend may terminate a contract if the successful bidder fails to
provide adequate transportation equipment.
B. All drivers, fuel, supplies, and maintenance of the vehicle related to the hauling shall be provided by
the contractor and the costs of these items shall be incorporated into the bid price. Fuel surcharges
will not be accepted.
C. Eight (8) trucks are normally used per day for hauling biosolids. Occasionally, fewer trucks may be
contracted for shorter hauls and more for longer hauls.
XVIII. TRUCKING/HAULING PERIODS
A. It shall be the responsibility of the Superintendent of the Organic Resources Facility to determine the
schedule and duration for land application activities.
B. Normal working hours for hauling will be from 6:00 A.M. to 6:00 P.M. Local Time. The “on call” schedule
is for work that may occur Monday through Sunday.
C. A minimum of twelve (12) hours advance notice will be given by the Superintendent of the Organic
Resources Facility to the successful bidder each time that hauling is required.
D. The number of days per month hauling takes place will be dependent on field conditions, weather, and
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customer demand for the City’s biosolids product.
E. The Superintendent of the Organic Resources Facility will notify the successful bidder of all schedule
changes. Should inclement weather become a factor prior to the start of land application activities or
during land application activities, the Superintendent shall be responsible for notifying the Contractor
of any changes in schedule due to weather.
F. Inclement weather and changing field conditions may factor into the number of hours worked per truck
on a given day. The City desires to maintain a continuous land application operation when weather
and field conditions are favorable to place biosolids.
XIX. BASIS FOR QUOTE/BID
A. All Quotes shall be stated on a “per truck, per hour” basis for work performed Mondays through
Sundays. Trip time originates and ends at the Organic Resources Facility. Please include quote price
on Quote/Bid Form.
B. This quote is a unit price quote and quotes shall be evaluated on the basis of lowest, responsive,
responsible bidder.
XX. BID BOND REQUIREMENT
A. All bidders shall provide a Bid Bond or Certified Check in the amount of $5,000.00 with the submission
of their unit price bid. A refund of the bid security will be issued upon satisfaction of Quote Award.
XXI. SUBCONTRACTORS
A. Subcontractors may be utilized on the project with approval from the City Purchasing and Public Works
Departments. If the bidder intends to use subcontractors to assist with hauling biosolids, the bidder
shall supply a list of subcontractor trucking companies that it plans to employ. Use of disadvantaged
business enterprises, such as a minority business enterprise (MBE), women’s business enterprise
(WBE), and veteran business enterprise (VBE) is encouraged.
B. If the City approves the use of proposed subcontractors, sufficient proof of insurance shall be submitted
by all subcontractors. Truck inspections shall be required, as noted above, prior to beginning work.
Refer to other sections in the Specifications for insurance requirements.
XXII. TRUCK DELIVERY RECORDS
A. The contractor shall provide truck delivery trip tickets each day for each truck.
B. The truck delivery trip tickets shall be used to record hours worked and the number of loads hauled by
each truck.
C. The truck delivery trip tickets shall be signed at the end of each day by the driver of the truck and either
the Superintendent of the Organic Resources Facility or an authorized City of South Bend
representative of the Organic Resources Facility.
D. Original or copies of all truck delivery trip tickets shall be submitted with each Pay Application.
Contractor shall neatly organize delivery tickets by date, time, and truck identification number. All hand-
written information shall be printed legibly.
E. Since record keeping is required, it is imperative that accurate and correct records are recorded every
day that land application activities occur.
XXIII. BILLING PROCEDURES
A. The Contractor shall send all invoices to the Superintended of the Organic Resources Facility at 4340
Trade Drive, South Bend, Indiana 46628 at the end of each month in which land application activities
occur. The Superintendent shall review the pay application for completeness and forward information
to the City Purchasing Department for payment processing. The Contractor shall submit a copy of all
Truck Delivery Records from the month of hauling with the pay application for City records.
XXIV. BIOSOLIDS SPILLS
A. The Contractor is responsible for providing trucks sufficient for the transportation of biosolids as
described in this specification.
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B. The Contractor or truck driver(s) shall immediately contact the Superintendent of the Organic
Resources Facility in the event of a spill.
C. The Contractor shall be responsible for the clean-up and removal of all biosolids spills and any damage
to public or private property caused while transporting biosolids materials from the Organic Resources
Facility to the identified land application site(s).
D. The City of South Bend reserves the right to terminate the contract in the event that the Contractor is
determined to be non-responsive to cleaning up an identified spill or is found to be negligent by failing
to report a spill.
E. The Contractor shall be responsible for reimbursing the City of South Bend for all costs associated with
efforts to clean-up spills resulting from the Contractor, its Subcontractors, or its agents.
XXV. MISCELLANEOUS PROVISIONS
A. The City of South Bend, upon recommendation by the Director of Utilities or the City’s designated
Project Representative, reserves the right to terminate the contract in the event of non-compliance or
unsatisfactory performance of the Contractor, its Subcontractors, or its agents.
B. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its
obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but
not limited to: fires; floods; strikes (except any strikes involving a Party’s personnel); a change in
Federal, State, or local laws or ordinance; orders or judgements by any Federal, State or local court,
administrative agency or government body; change in permit conditions or requirements; accidents;
extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of
precipitation, unusual extremes of temperature or wind, unusually extended periods of adverse weather
conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due
to inadequate maintenance thereof); and acts of God.
C. It is specifically understood that, without limitation, none of the following acts, events or circumstances
shall constitute an act or occurrence beyond a Party’s reasonable control: (i) reasonably anticipated
weather conditions normal for the region in which the work is performed or (ii) any failure to pay any
sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are
believed to apply, the Party relying thereon shall give prompt notice to the Other Party of the
circumstances, the basis of applicability of this Section and the time required to cure such breach or
delay.
D. Contractor shall promptly provide notice of the need, if any, for additional compensation or for
renegotiation of terms in order to mitigate effects of such event or to comply with a change in law or
regulation or interpretation thereof. Contractor shall be entitled to additional time and compensation if
such event delays performance into a season different from that assumed when this Agreement was
executed. Contractor and the City shall use reasonable best efforts to agree on appropriate mitigating
actions under the circumstances.
E. The tender of a quote/bid to the Board of Public Works of the City of South Bend, Indiana on the basis
of these specifications constitutes an agreement and an acceptance of all of the terms and
requirements of the said specifications.
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CITY OF SOUTH BEND, INDIANA
CONTRACTOR’S QUOTE FOR PUBLIC WORK
PROJECT NAME:
PROJECT NO.
QUOTES DUE
(Must be completed for all quotes. Please type or print)
Date: Firm:
Address:
City/State/Zip: Telephone Number:()
Agent of Bidder (if Applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated February 2022 for the sum of (enter the Total Quote as shown on the Proposal)
($ )
(Enter Sum of Total Quote Unit Price “Per Truck, Per Hour”) (Numerical)
If alternative quotes 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 quote is to be awarded on a unit basis, the
itemization of the units shall be shown on a separate attachment.
ACCEPTANCE
The above quote is accepted this day of 20
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President Joseph R. Molnar, Member
Gary A. Gilot, Member Jordan V. Gathers, Member
Murray L. Miller, Member Attest: Theresa Heffner, Clerk
By
(Signature)
(Printed Name of Person Signing)
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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."
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"(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
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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.
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MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
The City of South Bend, Indiana has shown its commitment to addressing Minority and Women’s Business
Enterprise (“MWBE”) participation in public contracting through the adoption of the City of South Bend Ordinance
No. 10761-21. Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City
of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or
applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or
privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion,
color, national origin, ancestry, age or disability that does not affect that person’s ability to perform work.
Minority and Women’s Business Enterprises are described in the Ordinance. A list of MBEs and WBEs (both
certified and non-certified) can be found on the Indiana Department of Administration website:
http://www.in.gov/idoa/. Documentation shall be provided with the bid that states the MBEs and WBEs that will be
contracted, the dollar amount of the work that will be performed by the MBEs and WBEs on the project and the
percentage of the dollar amount as it relates to the total bid amount by using Form MBE-1.0, MBE Utilization Plan,
and Form WBE-1.0, WBE Utilization Plan.
The City, its agencies, boards, or commissions requires the Contractor’s good faith efforts to obtain participation by
those Contractors classified as MBEs and WBEs.
Failure to either meet the MBE and WBE goals or to provide evidence of good faith efforts for the bid will
be grounds for rejecting a bid as non-responsive.
Bidders shall demonstrate good faith efforts to have active participation from MWBEs on this Project and supply
written documentation evidencing such efforts by using Forms MBE-2.0, Evidence of Good Faith Efforts and WBE-
2.0, Evidence of Good Faith Efforts and Forms MBE-2.1, MBE Contacted and WBE-2.1, WBE Contacted. Such
documentation shall include, but is not limited to, the following items:
a. A listing of all M/WBEs contacted including: (1) the name and address of the M/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 bids, quotes or other
responses from M/WBEs or other documentation of efforts to encourage and secure competitive responses
from M/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 M/WBEs in St. Joseph County, Indiana, other Indiana
counties, and Berrien County, Michigan to utilize a good faith effort to forge constructive and lasting business
partnerships.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal,
state, and local laws.
The City reserves the right to request verification of goal implementation throughout the course of the project.
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CITY OF SOUTH BEND’S GUIDELINES FOR GOOD FAITH EFFORTS
BY CONTRACTORS IN MEETING MWBE CONTRACT GOALS
Under the City of South Bend’s Minority and Women’s Business Enterprise (MWBE) Inclusion Program Plan (COSB
Inclusion Plan), the City of South Bend (the City) is authorized to set “contract specific” goals to increase MWBE
participation in City contracts and procurements.
MWBE participation goals are set based on availability of MWBE contractors within the City’s geographic market
area identified in the City’s Disparity Study.
For contractors bidding on a construction, services, supplies or equipment contract where goals have been set for
all or parts of the project, below is information relevant to “good faith efforts” to meet the contract goal.
When the City sets a contract goal, that means MWBE’s are in fact available to perform work on the contract.
Project bidders must try diligently to meet the goal. Failure to make a good faith effort may result in
rejection of your bid as non-responsive to the contract.
______________________________________________________________________________
Good faith efforts means actions undertaken by a contractor to achieve a contract goal which, by their scope,
intensity, and appropriateness to the objective, can be reasonably expected to fulfill the Program’s goals (City’s
Inclusion Plan, Section 4.B., No. 21).
___________________________________________________________________
A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors must provide
as much information as possible to help the City assess the contractor’s good faith efforts to achieve the
goal. Inadequate proof of good faith efforts may result in a finding that the contractor was non-responsive,
causing its bid to be rejected even if it is the lowest.
Good faith efforts require active, aggressive efforts by the prime contractor to obtain the contract MWBE
participation goal. Mere pro forma efforts are not good faith efforts. To satisfy the good faith efforts test:
A prime contractor may not reject a MWBE’s bid solely because it is not the lowest bid received from
subcontractors. If the MWBE’s costs are reasonable and not excessive, the MWBE’s quote or bid
presumptively should be accepted on a contract requiring goals even if the MWBE’s bid is not the
lowest one received. However, if an MWBE’s bid or quote is unreasonable or excessive, the prime
contractor may reject the bid on that basis. The contractor has the burden of demonstrating the
excessiveness or unreasonableness of the MWBE’s bid or quote. Because the City must determine
whether a MWBE quote was unreasonable or excessive, Contractors must provide the City with
copies of each MWBE and non MWBE quote submitted to the bidder when a non-MWBE was
selected over an MWBE.
A contractor may not reject a MWBE as being unqualified without sound reasons based on a thorough
investigation of the MWBE’s capabilities. If a prime contractor rejects a MWBE as unqualified, the
Contractor must provide the City with good reasons for this. The MWBE’s industry standing or
membership in a specific group, organization, political or social affiliation (example: union v. non-union)
is not a basis to reject the MWBE for lack of qualification.
The ability or desire of a prime contractor to perform the work of the contract with its own organization
team does not relieve the prime contractor of the need to make good faith efforts to use MWBE sub
contractors to meet the contract goal.
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EXAMPLE: Total Project Estimate is $500,000. An MWBE goal of 10% is set for a specific part of the project, i.e.,
$50,000. Only one MWBE submits a quote to the prime contractor, and it is $50,000. A non MWBE submits a
quote of $45,000. Rejecting the MWBE bid may not meet the requirement of making a good faith effort to meet the
contract goal because: 1) the MWBE quote is within the goal percentage and dollar amount set for MWBE
participation on the project; 2) selection of the MWBE quote guarantees that the contractor meets the set goal and
that its bid will be deemed responsive; and 3) the difference between the MWBE and non MWBE quotes is not
significant in terms of the overall contract amount (i.e., 1% of total contract).
If the MWBE’s quote is $53,000 and the non-MWBE bid is $50,000, it may yet not be demonstrative of a good faith
effort to reject the MWBE solely because the MWBE’s quote is not the lowest. The excess is not greatly significant
to the total contract cost, and it could reasonably be expected to be made up elsewhere in the contract while
guaranteeing full goal compliance.
The above examples are illustrative only. The City will make a fair and reasonable judgment as to good faith efforts
based on all information and documentation provided by bidders and taking into account the
Quality
Quantity, and
Intensity
of the efforts made by a contractor to meet the contract goal.
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GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID
If a contractor’s bid does not meet the goal set for the contract, the contractor must submit evidence of good
faith efforts with its bid so the City can determine whether the contractor is a responsive bidder. If the contractor’s
bid meets the MWBE goal, evidence of good faith effort is not required, but it would be prudent to include some
evidence in case an error was made.
The information required of a contractor who has not achieved the contract goal to show good faith efforts can be
found in the South Bend Inclusion Program Plan at Section 8.B.3.d. as follows:
(b) Where the bidder cannot achieve the contract goal, the bidder must provide proof of having made
good faith efforts to meet the goal. In making this determination of whether to issue a goal waiver, the City will
consider, at a minimum, the bidder’s efforts to:
(1) Solicit through all reasonable and available means (e.g., attendance at pre-bid meetings,
advertising and written notices) the interest of all MWBEs in the scopes of work of the contract.
The contractor shall provide interested MWBEs with timely, adequate information about the plans,
specifications, and requirements of the contract to allow such firms to respond to the solicitation.
The bidder must follow up initial solicitations with interested MWBEs.
(2) Select portions of the work to be performed by MWBEs in order to increase the likelihood that
the contract goal will be achieved. This includes, where appropriate, breaking out contract work
items into economically feasible units to facilitate participation, even when the bidder would
otherwise prefer to perform these work items with its own forces. It is the bidder’s responsibility to
make a portion of the work available to MWBEs and to select those portions of the work or
material needs consistent with the availability of such firms to facilitate their participation.
(3) Negotiate in good faith with interested MWBEs. Evidence of such negotiation includes the
names, addresses, and telephone numbers of firms that were contacted; a description of the
information provided regarding the plans and specifications for the work selected for
subcontracting; and why agreements could not be reached. The bidder may not reject MWBEs as
being unqualified without sound reasons based on a thorough investigation of their capabilities.
That there may be some additional costs involved in finding and using MWBEs is not in itself
sufficient reason for a bidder’s failure to meet the contract goal, as long as such costs are
reasonable. The ability or desire of a bidder to perform the work of a Contract with its own
organization does not relieve it of the responsibility to make good faith efforts on all scopes of
work within which subcontracting opportunities are available.
(4) Make efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as
required by the City or the bidder, where appropriate.
(5) Make efforts to assist interested MWBEs in obtaining necessary equipment, supplies,
materials, or related assistance or services, where appropriate.
Materials that should be submitted to support a contractor’s good faith efforts include:
Copies of advertisements, notices, or solicitations from contractor to MWBE’s-- to include date and
time of issuance;
A list of all locations where advertisements or notices to MWBE’s were placed or solicitations sent;
Copies of communication between contractor and MWBE’s in response to contractor’s
advertisements, notices, or solicitations;
Proof of contractor’s break-out of contract items into units feasible for performance by WMBE’s;
Proof of communications between the contractor and MWBE regarding negotiations for
agreements, and why agreement could not be reached, as stated more specifically in above
Subsection (b) (3);
Proof of bids or quotes from MWBE’s and those from non MWBE’s when non MWBE’s bid or quote
is used;
Proof of efforts made by contractor to assist MWBE to participate in contract, where appropriate;
and
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Any other information tending to show that Contractor made active, aggressive efforts to meet the
MWBE participation goal but despite good faith efforts was unable to do so.
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When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to
this Affidavit.
CONTRACTOR’S NON-COLLUSION AND NON-DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY
VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE
OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF ___________ )
) SS:
COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination, collusion
or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent
any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made
without reference to any other bid and without any agreement, understanding or combination with
any other person in reference to such bidding. Contractor further says that no person or persons,
firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift,
commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its
principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency;
and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment
activities in Iran.
a. For purposes of this Certification, “Iran” means the government of Iran and any agency or
instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from
time-to-time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time-to-time, a Contractor is
engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty million
dollars ($20,000,000) or more in value in the energy sector of Iran; or
ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty
million dollars ($20,000,000) or more in credit to another person for forty-five (45)
days or more, if that person will (i) use the credit to provides goods and services in
the energy sector in Iran; and (ii) at the time the financial institution extends credit, is
a person identified on list published by the Indiana Department of Administration.
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
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alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of
Contractor’s newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3.
Contractor’s documentation of enrollment and participation in the E-Verify Program is included
and attached as part of this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public
contract to certify that the subcontractors do not knowingly employ or contract with an
unauthorized alien, nor retain any employee or contract with a person that the subcontractor
subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is
participating in the E-Verify Program. The Contractor agrees to maintain this certification
throughout the term of the contract with the City of South Bend, and understands that the City
may terminate the contract for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
6. Persons, firms, partnerships, corporations, associations, or joint venturers awarded a
contract by the City of South Bend through its agencies, boards, or commissions shall not
discriminate against any employee or applicant for employment in the performance of a City
contract with respect to hire, tenure, terms, conditions, or privileges of contract or employment,
or any matter directly or indirectly related to contracting or employment because of race, sex,
religion, color, national origin, ancestry, gender expression, gender identity, sexual orientation, or
due to age or disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law, the City,
its agencies, boards, or commissions will consider the Contractor’s good faith efforts to obtain
participation by those subcontractors certified by the State of Indiana as a Minority Business
(“MBE”) or as a Women’s Business Enterprise (“WBE”) as a factor in determining the lowest,
responsible, responsive bidder.
Contractors seeking the award of a City contract cannot be required to award a subcontract to an
MWBE; however, they may not unlawfully discriminate against said MBE/WBE. On goal-eligible
contracts, Contractors are required to either meet both MBE and WBE utilization goals or
demonstrate that the Contractor has made good faith efforts to obtain participation from MBE and
WBE subcontractors. A finding of noncompliance or a discriminatory practice shall prohibit that
Contractor from being awarded a City contract for a period of one (1) year from the date of such
determination, and such determination may also be grounds for terminating the contact to which
the discriminatory practice or noncompliance pertains.
7. The undersigned Contractor agrees that the following nondiscrimination commitment shall
be made a part of any contract which it may henceforth enter into with the City of South Bend,
Indiana or any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any matter
directly or indirectly related to employment, because of race, religion, color, sex, gender
expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of
this provision may be regarded as material breach of contract.
Version 09/29/2021 Page - 19 Public Works Quote
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 day of , 20__
Contractor/Bidder (Firm)
Signature of Contractor/Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this day of , 20
My Commission Expires
Notary Public
County of Residence
Version 09/29/2021 Page - 20 Public Works Quote
QUOTE/PROPOSAL
CITY OF SOUTH BEND
PROJECT NAME 2022 Biosolids Trucking for Land Application Annual Contract
PROJECT NO. 122-031
QUOTES DUE February 22, 2022
CONTRACTOR NAME:
Item
No. Description Quantity Unit Unit Price
1
2022 Biosolids Trucking of Belt
Pressed Biosolids for Land
Application
TBD
“on call” Per Truck Per Hour $
BASE QUOTE UNIT PRICE TOTAL $
Firm:
Address:
City/State/Zip: Telephone Number:()
Fax Number:()
By
(Signature)
(Printed Name of Person Signing)
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-1.0 MBE UTILIZATION PLAN Version 09/29/2021 Page - 21 Public Works Quote This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE participation. It is the bidder’s sole responsibility to verify whether any listed minority or woman business meets the MBE qualifications. Project Number: 122-031 Project Name:2022 Biosolids Trucking for Land Application Annual ContractBidder: Total Bid Amount: MBE Goal:Page_______of___ ____ Name & Address of MBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBE Component Percentage of Total Bid/Proposal Submitted by: Print Name Signature Date
CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 WBE UTILIZATION PLAN Version 09/29/2021 Page - 22 Public Works Quote This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder’s sole responsibility to verify whether any listed minority or woman business meets the WBE qualifications. Project Number: 122-031 Project Name:2022 Biosolids Trucking for Land Application Annual ContractBidder: Total Bid Amount: WBE Goal:Page_______of___ ____ Name & Address of WBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of WBE Component Percentage of Total Bid/Proposal Submitted by: Print Name Signature Date
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 09/29/2021 Page - 23 Public Works Quote
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain MBE participation.
Project Number: 122-031 Date:
Project Name: 2022 Biosolids Trucking for Land Application Annual Contract
Bidder:
Contact Person: Telephone:
Address:
City: State: Zip:
Email:
To determine whether a bidder has demonstrated good faith efforts to reach the MBE utilization goal set forth in
the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions,
REQUIRE ALL of the following Good Faith Efforts as listed in the table below*:
EVIDENCE OF GOOD FAITH EFFORTS
MBE LIST(S): The bidder reviewed 1) the City of South Bend’s Minority and Women Business Enterprise
Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department
of Administration list of Minority and Women Owned Businesses (both certified and non-certified) found
at: http://www.in.gov/idoa/.
GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION
The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation
in the awarded contract.
I affirm that I reviewed the City of South Bend’s Minority and Women Business Enterprise
Inclusion Program Plan and the Indiana Department of Administration’s certified list of
Indiana Minority and Women Business Enterprises, found on their website
(http://www.in.gov/idoa).
I affirm that I have made good faith efforts to select portions of the contract work to be
performed by MBEs, including, where appropriate, breaking out contract work items into
economically feasible units to facilitate MBE participation.
I affirm that I have made good faith efforts to solicit through all reasonable and available
means the interest of all MBEs in the scopes of work of the contract.
I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform
MBEs of contracting and subcontracting opportunities.
I affirm that I advertised in general circulation and/or trade association publications
concerning subcontract opportunities and allowed MBEs reasonable time to respond to
such advertisements.
I affirm that I performed any and all necessary steps to provide written notices in a manner
reasonably calculated to inform MBEs of subcontracting opportunities and allowed
sufficient time for MWBEs to participate effectively.
I affirm that I followed up on initial solicitations with interested MBEs.
I affirm that I negotiated with interested MBEs in good faith, including providing such MBEs
with adequate information about the plans, specifications and other requirements of the
subcontract.
I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding,
lines of credit, or insurance as required by the City or the bidder, where appropriate.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 09/29/2021 Page - 24 Public Works Quote
I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary
equipment, supplies, materials, or related assistances or services, where appropriate.
I affirm that I did not reject any MBEs as unqualified without sound business reasons based
on a thorough investigation of their capabilities.
CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on
the subcontracting opportunity:
1. Name, address, and telephone number;
2. A description of information provided by the bidder or subcontractor; and
3. A statement of whether an agreement was reached, and if not, why not, including any reasons for
concluding that the MBE was unqualified to perform the job.
*Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any
omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of
South Bend reserves the right to request additional information.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 09/29/2021 Page - 25 Public Works Quote
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain WBE participation.
Project Number: 122-031 Date:
Project Name: 2022 Biosolids Trucking for Land Application Annual Contract
Bidder:
Contact Person: Telephone:
Address:
City: State: Zip:
Email:
To determine whether a bidder has demonstrated good faith efforts to reach the WBE utilization goals set forth in
the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions,
REQUIRE ALL of the following Good Faith Efforts as listed in the table below*:
EVIDENCE OF GOOD FAITH EFFORTS
WBE LIST(S): The bidder reviewed 1) the City of South Bend’s Minority and Women Business Enterprise
Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department
of Administration list of Minority and Women Owned Businesses (both certified and non-certified) found
at: http://www.in.gov/idoa/.
GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION
The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation
in the awarded contract.
I affirm that I reviewed the City of South Bend’s Minority and Women Business Enterprise
Inclusion Program Plan and the Indiana Department of Administration’s certified list of
Indiana Minority and Women Business Enterprises, found on their website
(http://www.in.gov/idoa).
I affirm that I have made good faith efforts to select portions of the contract work to be
performed by WBEs, including, where appropriate, breaking out contract work items into
economically feasible units to facilitate MWBE participation.
I affirm that I have made good faith efforts to solicit through all reasonable and available
means the interest of all WBEs in the scopes of work of the contract.
I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform
WBEs of contracting and subcontracting opportunities.
I affirm that I advertised in general circulation and/or trade association publications
concerning subcontract opportunities and allowed WBEs reasonable time to respond to
such advertisements.
I affirm that I performed any and all necessary steps to provide written notices in a manner
reasonably calculated to inform WBEs of subcontracting opportunities and allowed
sufficient time for WBEs to participate effectively.
I affirm that I followed up on initial solicitations with interested WBEs.
I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs
with adequate information about the plans, specifications and other requirements of the
subcontract.
I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding,
lines of credit, or insurance as required by the City or the bidder, where appropriate.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.0
EVIDENCE OF GOOD FAITH EFFORTS
Version 09/29/2021 Page - 26 Public Works Quote
I affirm that I have made good faith efforts to assist interested WBEs in obtaining
necessary equipment, supplies, materials, or related assistances or services, where
appropriate.
I affirm that I did not reject any WBEs as unqualified without sound business reasons
based on a thorough investigation of their capabilities.
CONTRACT RECORDS: The bidder has maintained the following records for each WBE that has bid on
the subcontracting opportunity:
1. Name, address, and telephone number;
2. A description of information provided by the bidder or subcontractor; and
3. A statement of whether an agreement was reached, and if not, why not, including any reasons for
concluding that the WBE was unqualified to perform the job.
*Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any
omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of
South Bend reserves the right to request additional information.
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM MBE-2.1
MBE CONTACTED
Version 09/29/2021 Page - 27 Public Works Quote
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects
requiring Good Faith Efforts to contact MBEs. It is the bidder’s sole responsibility to verify whether any listed
minority or woman business meets the MBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 122-031 MBE Participation Goal
Project Name: 2022 Biosolids Trucking for Land Application Annual Contract
Bidder:
By:
(Signature) (Title) (Date)
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
MBE Firm
Owner or Contact at MBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBE FIRM:
CITY OF SOUTH BEND
MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN
FORM WBE-2.1
WBE CONTACTED
Version 09/29/2021 Page - 28 Public Works Quote
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects
requiring Good Faith Efforts to contact WBEs. It is the bidder’s sole responsibility to verify whether any listed
minority or woman business meets the WBE qualifications. Attach additional pages if necessary.
PAGE_______OF________
Project Number: 122-031 WBE Participation Goal
Project Name: 2022 Biosolids Trucking for Land Application Annual Contract
Bidder:
By:
(Signature) (Title) (Date)
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM:
WBE Firm
Owner or Contact at WBE Firm
Telephone: Fax: Email:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE WBE FIRM:
TRUCKING VENDOR LIST
Trucks R Us
Attn: James Burger
23942 State Road 2
South Bend, Indiana 46619
Cburger102@yahoo.com
(574) 340-8471
Kennedy Expressline
Attn: Marcus Northern
4324 Ashard Street
South Bend, Indiana 46628
kennedyexpressline@yahoo.com
Fanio Services, Inc.
Attn: Cindy Elliott
28015 State Road 23
North Liberty, Indiana 46554
(574) 233-3236
Klink Trucking, Inc.
Attn: Neil Shanahan
24255 State Road 23
South Bend, Indiana 46614
Nshanahan@klinktrucking.com
(574) 287-9000
(260) 587-9133
Merrell Bros.
Attn: Lori Jackson
8811 W. 500 N
Kokomo, Indiana 46901
Lori@merrellbros.com
Rose Cor Inc. dba GreenWorld Environmental Management
Attn: Chris Rose
51541 Wetherington Court
Granger, Indiana 46530
ca@greenworldglobal.com
(574) 855-0750
R&R Excavating
Attn: William H. Loudin
2010 Went Avenue
Mishawaka, Indiana 46545
Rr_excavating@comcast.net
(574) 256-2467
Rieth-Riley Construction Co., Inc.
Attn: Chris Weinkauf
25200 State Road 23, P.O. Box 1775
South Bend, Indiana 46614
(574) 288-8321
(574) 875-8378
rweinkauf@rieth-riley.com
Montgomery Trucking, Inc.
Attn: Karen Montgomery
233 NW Passage Trail
Fort Wayne, Indiana 46825
(260) 312-2632
Karenmontgomery56@hotmail.com
V&R Trucking, Inc.
Attn: Veda Gadette
1845 N. Elmer Street
South Bend, Indiana 46628
(574) 234-1268
rfightingirish@aol.com
1st Class Logistics
Attn: Bernard Coutee
2213 St. Charles Ave
South Bend, Indiana 46614
(574) 993-0071
1stclasslogistics2013@gmail.com
SAN Corporation Trucking
Attn: Sandra Smith
1112 E. Summit Street – Suite B
Crown Point, Indiana 46307
(219) 299-6830
sandy@sancorptrucking.com
Statewide Trucking, Inc.
Attn: Marie Graves
7020 Ardmore Avenue
Fort Wayne, Indiana 46809
(260) 478-1651
office@statewidetrucking.comcastbiz.net
KT Trucking
Attn: Vicky Springer
3601 W 200 N
Huntington, Indiana 46750
(260) 359-9480
vsspringer@hotmail.com
CBK Enterprises Inc.
Attn: Krista Lee
9112 Monroeville Road
Fort Wayne, Indiana 46816
(260) 312-3397
Kbay10@aol.com
C. Lee Construction Services
Attn: Sara Pavnica
1011 S Lake Street
Gary, Indiana 46403
(219) 888-9554
spavnica@cleecsi.com