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HomeMy WebLinkAboutOpening of Bids - Randolph Park Area Improvements Proj No. 120-049 - Rieth-Riley Construction Co., Inc.CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name Randolph Park Area Improvements Project No. For Bids Due 120-049 Tuesday March 8, 2022 PART I (Must be completed for all bids. Please type or print) Date: March 8, 2022 Bidder (Firm): Rieth-Riley Construction Co., Inc.. Address: 25200 State Road 23 City/State/Zip: South Bend, IN 46614 Telephone Number: X574 ) 288-8321 Agent of Bidder (if Applicable): Ruben Alvarado Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Randolph Park Area Improvements the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Jones Petrie Rafinski and dated March 8, 2022 for the sum of (enter the Total Bid as shown on the Proposal) f^ -77 —1 (Enter sum of Tot6l Base Bid plus Alternates shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of outh Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shownon par to attac en By 4,�& (Signature) Ruben Alvarado, Sales Manager (Printed Name of Person Signing) The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member ACCEPTANCE day of Joseph R. Molnar, Member Jordan V. Gathers, Member 20 Murray L. Miller, Member Attest: Laura D Hensley, Acting Clerk Version 08/25/2021 Contractor's Bid for Public Works - 2 PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 08/25/2021 Contractor's Bid for Public Works - 3 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana } ) SS: St. Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. ' Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more; if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Version 08/25/2021 Contractor's Bid for Public Works - 4 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. 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. 5-16-5-1). 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 Version 08/25/2021 Contractor's Bid for Public Works - 5 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 8th day of March , 2022 Subscribed and sworn to before me this 8th My Commission Expires 1/5/28 Rieth-Riley Construction Co., Inc. Con=r (F' ) Signature of Contractor/Bidder or Its Agent Ruben Alvarado, Sales Manager Printed Name and Title -day of March —120 22 ofry Pu t Jennife Mora County of Residence Elkhart County, Indiana E ENNIFER MORA.tary Public, Staie of IndianaElkhart Countymmission Number NP0724328My Commission ExpiresJanuary 05, 2028 Version 08/25/2021 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OF -SOUTH BEND Project Name: Randolph Park Area Improvements Project Number: 120-049 For Bids Due: Tuesday March 8, 2022 Contractor Name: Rieth-Riley Construction SAMPSON STREET REMOVAL & PARK IMPROVEMENTS Item No. Description Quantity Unit Unit Price Total Amount 1 MOBILIZATION AND DEMOBILIZATION 1 LSUM $12,366.71 $12,366.71 2 MAINTENANCE OF TRAFFIC 1 LSUM $3,677.75 $3,677.75 3 VIDEO RECORD 1 LSUM $767.00 $767.00 4 STORM STRUCTURE, REMOVE 3 EA $1,672.46 $5,017.38 5 CONCRETE PAVEMENT, REMOVE 30 SYD $52.05 $1,561.50 6 COMMON EXCAVATION 172 CYD $63.33 $10,892.76 7 EARTHWORK 180 CYD $61.08 $10,994.40 8 BACKFILL, BORROW 64 CYD $96.00 $6,144.00 9 COMPACTED AGGREGATE, No. 53 157 TON $67.48 $15,790.32 10 HMA INTERMEDIATE, 31N, TYPE B 70 TON $153.41 $10,738.70 11 HMA SURFACE, 1.51N, TYPE B 36 TON $260.17 $9,366.12 12 CONCRETE, SIDEWALK 41N 42 SYD $67.08 $2,817.36 13 CONCRETE, CURB 191 LFT $34.22 $6,536.02 14 STORM PIPE, 121N 171 LFT $109.03 $18,644.13 15 STORM INLET 3 EA $3,966.57 $11,899.71 16 STORM MANHOLE 1 EA $4,602.04 $4,602.04 17 SEEDING AND TOPSOIL 720 SYD $18.03 $12,981.60 18 TEMPORARY EROSION CONTROL MEASURES 1 LSUM $4,173.27 $4,173.27 19 UTILITY ALLOWANCE 1 ALLOW 10,000 10,000 SAMPSON STREET REMOVAL & PARK IMPROVEMENTS TOTAL $158,970.77 Bidder (Firm): Rieth-Riley Construction Co., Inc. Address: 25200 S.R. 23 City/State/Zip: South Bend, IN 46614 Telephone Number: 574 288-8321 By 4 1865V k(Signature) , V4� A (l -x kivt� (Printed Name of Person Signing) Version 08/25/2021 Contractor's Bid for Public Works - 7 CITY OF SOUTH BEND ', d w MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN�r„'�� . FORM MBE -1.0 ..._. MBE UTILIZATION PLAN 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-owned business meets the MBE qualifications. Project Number: 120-049 Project Name: Randolph Park Improvements Bidder: Rieth-Riley Construction Co., Inc. Total Bid Amount: $158,970.77 MBE Goal: 4.7% Page 1 of 1 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 US Hydro -Vac 125 W South Street #1751 Indianapolis, IN 46206 Jake Whitney 317-503-5341 iwhitney@ushydrovac.co Sewer Televising, Potholing for existing Utilities $6,275.00 3.95% m 15t Class Logistics 2213 St Charles Ave South Bend, IN 46614 Bernard Coutee 574-993-0071 1stdasslo istics2013 m Trucking, Hualing $1,350.00 0.85% ail.com Submitted by: Print Name tignature Version 08/25/2021 Contractor's Bid for Public Works - 8 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN ry� FORM WBE-1.0 � WBE UTILIZATION PLAN'". 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 woman -owned business meets the WBE qualifications. Project Number: 120-049 Project Name: Randolph Park Area Improvements Bidder: Rieth-Riley Construction Co., Inc. Total Bid Amount: $158,970.77 WBE Goal: 2.4% Page 1 of 1 Name & Address of WBE Primary Contact Person Scope of Work to be Performed Dollar Amount of WBE Percentage of Total (Name/Telephone) (Attach scope/schedule if you need additional space) Component Bid/Proposal Slusser's Green Thumb John Williamson Seeding, Temp. Silt Fence 125 Montgomery Street 574-722-3102 $3,397.90 2.14% P.O. Box 33 Ext. 3210 Logansport, IN 46947 JDW@slussers.com Montgomery Trucking, Inc. Bill Moore 2207 West Cook Road Ste A 260-312-2632 Trucking, Hauling $575.00 0.36% Ft. Wayne, In. 46818 billm.mont omer truckin g@gmail.com Submitted by: Y. Print Name Signature Version 08/25/2021 Contractor's Bid for Public Works - 9 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MBE participation. Project Number: 120-049 Date: 3-7-22 Project Name: Randolph Park Area Improvements Bidder: Rieth-Riley Construction Co.,lnc. Contact Person: Derek Sauer Telephone: 574-288-8321 Address: 25200 S.R. 23 City: South Bend State: IN Zip: 46614 Email: dsauer(a)rieth-riley.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE 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*: Version 08/25/2021 Contractor's Bid for Public Works -10 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 XIndiana 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 Xeconomically performed by MWBEs, including, where appropriate, breaking out contract work items into feasible units to facilitate MBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available Xmeans 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 XMBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications X 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 X reasonably calculated to inform MBEs of subcontracting opportunities and allowed time for MBEs to sufficient participate effectively. X 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 X 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, X lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 08/25/2021 Contractor's Bid for Public Works -10 CITY OF SOUTH BEND` MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN x£�, r` R. FORM MBE -2.0 EVIDENCE OF GOOD FAITH EFFORTS *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 08/25/2021 Contractor's Bid for Public Works -11 I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary Xequipment, supplies, materials, or related assistances or services, where appropriate. Xon I affirm that I did not reject any MBEs as unqualified without sound business reasons based 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. Version 08/25/2021 Contractor's Bid for Public Works -11 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: 121-049 Date: -3-7-22 Project Name: Randolph Park Area Improvements Bidder: Rieth-Riley Construction Co.,lnc Contact Person: Derek Sauer Telephone: 574-288-8321 Address: 25200 S.R. 23 City: South Bend State: IN Zip: 46614 Email: dsauer rieth-riley.com 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*: Version 08/25/2021 Contractor's Bid for Public Works -12 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 XIndiana Inclusion Program Plan and the Indiana Department of Administration's certified list of Minority and Women Business Enterprises, found on their website (hftp://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be X performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available Xmeans 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 XWBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications X 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 X reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. X 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 X 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, Xlines of credit, or insurance as required by the City or the bidder, where appropriate. Version 08/25/2021 Contractor's Bid for Public Works -12 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 08/25/2021 Contractor's Bid for Public Works -13 I affirm that I have made good faith efforts to assist interested WBEs in obtaining Xappropriate. necessary equipment, supplies, materials, or related assistances or services, where Xbased I affirm that I did not reject any WBEs as unqualified without sound business reasons 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 MWBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 08/25/2021 Contractor's Bid for Public Works -13 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Randolph Park Area Improvements Project No. 120-049 Prepared for CITY OF SOUTH BEND, INDIANA - BOARD OF PUBLIC WORKS Mom 325 S Lafayette Blvd South Bend, IN 46601 Registered Landscape Architect State of Indiana No. 20500170 FOR BIDS DUE: March 8, 2022 City of South Bend, Indiana Department of Public Works Randolph Park Area Improvements Project No. 120-049 Notice to Bidders General Conditions Special Provisions City of South rBend Contractor's Bid for Public Work Form Version 08/25/2021 Table of Contents 1 Page 10 Pages 18 Pages 15 Pages 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(a)southbend in. gov until 9:00 a.m., Local Time, on March 8th, 2022 for the following: Randolph Park Area Improvements Project No. 120-049 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 south bend in.gov/bids. Work includes the removal of existing asphalt pavement for the north half block of the Sampson Street between Calvert and Randolph Streets in South Bend and installation of a new asphalt hammerhead turnaround, including new asphalt and concrete curb at the alleyway immediately south of Randolph Park, and installation of new storm sewer and turf restoration in the park, all more particularly described in plans and specifications prepared by Jones Petrie Rafinski, phone 574-232-4388. 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 (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 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. A Virtual Pre -Bid Conference will be held on February 21st, 2022 at 10:OOAM Local Time at shorturl.at/abpzP. Any questions about bidding conditions must be addressed to the Owner in writing no later than February 28th, 2022, at 5:OOPM Local Time. 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 Laura Hensley, Clerk Publish two (2) times: Friday, February 11th, 2022 Friday, February 181h, 2022 Version 08/25/2021 Notice to Bidders CITY OF SOUTH BEND STATEMENT OF POLICY The Board of Public Works of the City of South Bend has adopted the following policy regarding the receipt of sealed bids: All sealed bids submitted to the Board of Public Works must be received in the Board of Public Works Office, 1316 County -City Building, South Bend, Indiana, no later than the advertised time on the advertised date of the bid opening. It shall be the responsibility of the bidder to see that his/her bid is received prior to the deadline stipulated in the bid advertisement. Bids submitted by mail and received after the advertised time deadline will not be considered by the Board. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Laura D Hensley, Acting Clerk NOTE: Incoming mail does not reach the Board of Public Works until after 9:00 a.m. Local Time. If you are sending your bid via Federal Express or another overnight source, please confirm that your package will arrive before the bid opening date and time. Version 08/25/2021 General Conditions - 1 CITY OF SOUTH BEND EQUAL EMPLOYMENT OPPORTUNITY CONTRACTING PROVISIONS DIVERSITY UTILIZATION It is the policy of the City of South Bend to provide equal employment and business opportunity for all persons, partnerships, companies, and corporations in accordance with the rules, regulations and guidelines of the applicable federal, state and local laws. This policy of equal employment and business opportunity shall apply to every contractor or subcontractor bidding or holding a public contract with the City of South Bend. In furtherance of this policy, the following Equal Opportunity Clauses are hereby made a part of every construction contract entered into by the City of South Bend and all subcontractors entered into pursuant to any such contract and the bidder hereby certifies that it/he/she will abide by these provisions. The contractor will not discriminate against any applicant or employee because of race, color, religion, sex, national origin, or handicap. The contractor will take affirmative action to ensure that all applicants or employees are treated fairly and equitably. Such action shall include but not be limited to the following: hiring, up- grading, demotion or transfer, recruitment, advertising, lay-offs or termination, rates of pay or other forms of compensation and selection for training including apprenticeship programs. The contractor shall agree to post in conspicuous places available to employees and applicants, notices to be provided setting forth the provisions of the Non -Discrimination Clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The contractor will send to each labor union or representative of workers with which it/ he/she has a bargaining agreement or other contract or understanding, a notice to be provided, advising the labor union or worker's representatives of the contractor's commitment under this section, and shall post copies of the notices in conspicuous places available to applicants and employees. The contractor will comply with all provisions of Executive Order 11246 (as amended by 11375) and of the rules, regulations and relevant orders of the Department of Labor. Subpart B -- Contractors' Agreements Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereinafter entered into the following provisions: "During the performance of this contract, the contractor agrees as follows:" "(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex or national origin. Such action will include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or Version 08/25/2021 General Conditions - 2 recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause." "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin." "(3) The contractor will send to each labor union or representative of workers with which i t / he/she has a collective bargaining agreement or other contract of understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment." "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations, and relevant orders of the Secretary of Labor." "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders." "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, in this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked* as provided in Executive Order No 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law." "(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate Version 08/25/2021 General Conditions - 3 in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. * Corrected to read "invoked". In the original text the word "involved" was printed in error. Version 08/25/2021 General Conditions - 4 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. Version 08/25/2021 General Conditions - 5 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name. Randolph Park Area Improvements Project No. For Bids Due 120-049 Tuesday March 8, 2022 Contractor Name: Rieth-Riley Construction Co., Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section If 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 31 st for the upcoming calendar year, or within twelve (12) months of obtaining pre- qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 08/25/2021 General Conditions - 6 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH -347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 08/25/2021 General Conditions - 7 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) X 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. ('ti) X 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) X 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) X 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 1 intend to meet the staffing needs of the work. (iii) X 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) _X_ For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Version 08/25/2021 General Conditions - 8 II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) By checking this box, I hereby acknowledge that copies of all , Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary licenses to undertake the work called for in this bid. If a sub- contractor loses their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: (i) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (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. Version 08/25/2021 General Conditions - 9 (ix) Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Date: MaMh 8, 2022 (Sign Here) Ruben Alvarado, Sales Manager (Print Name Here) Rieth-Riley Construction Co., Inc. (Name of Company) 25200 State Road 23 (Address of Company) South Bend (City) (State) (574) 288-8321 (Telephone Number) Version 08/25/2021 General Conditions -10 DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA SPECIAL PROVISIONS Randolph Park Area Improvements Project No. 120-049 I. PROJECT DESCRIPTION Work includes the removal of existing asphalt pavement for the north half block of the Sampson Street between Calvert and Randolph Streets in South Bend and installation of a new asphalt hammerhead turnaround, including new asphalt and concrete curb at the alleyway immediately south of Randolph Park, and installation of new storm sewer and turf restoration in the park, all more particularly described in plans and specifications prepared by Jones Petrie Rafinski, phone 574-232-4388. II. PREVAILING SPECIFICATIONS AND DESIGN &-CONSTRUCTION STANDARDS The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN & CONSTRUCTION STANDARDS, most recent version, are to be used on this project. Each Bid provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION STANDARDS prior to submitting a Bid. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the 2020 INDOT Standard Specifications for the letting effective after September 1, 2019. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern. III. BIDDING REQUIREMENTS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 102 B. Additions: 1. Each Bid provider shall completely execute and submit the following documents with the Bid: a. City of South Bend Contractor's Bid for Public Work Form b. Bid Bond stating 5% of the total Bid or Certified Check of 5% of the bid. c. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment and Certification of use of United States Steel Products or Foundry Version 08/25/2021 Special Provisions -1 Products. d. Responsible Bidder Checklist IV. TERM "OR EQUAL" A. Prevailing Specifications: None B. Additions: 1. Where the term "or equal" is used in these specifications, the Bid provider deviating from specified item shall file with his/her Bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "or equal" offered meets the specification. V. . TAX EXEMPT A. Prevailing Specifications: None 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 B. Additions: 1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents, officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by Contractor, or because of arising out of any defect in the goods, materials or equipment supplied by the Bid provider. VII. INSURANCE A. Prevailing Specifications: 2020, 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 - Version 08/25/2021 Special Provisions - 2 $1,000,000 e. City of South Bend shall be named as additional insured on the Certificate of Insurance. f. Contractor and subcontractors shall provide any and all insurance policies, documents, endorsements, or certificates related to this Contract immediately upon the request of the City of South Bend. VIII. AWARD OF CONTRACT 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. IX. BONDING REQUIREMENTS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 B. Additions: 1. The successful Bid provider shall supply the following bonds: a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one hundred percent (100%) of the contract amount. b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one hundred twenty-five percent (125%) of the contract amount. c. Maintenance bond within ten (10) days of acceptance of the project by the City of South Bend, for an amount equal to ten percent (10%) of the final contract price, guaranteeing for a period of three (3) years after the date of acceptance of the project by the City of South Bend. X. CONTROL OF WORK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. 2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel, equipment and supplies to perform all work required under this item. There will be no direct payment for this item. Version 08/25/2021 Special Provisions - 3 3. The contractor is responsible to maintain the site which includes but is not limited to; dust control, site security, erosion control, and protecting adjacent properties. 4. Work hours for the Project shall be from 7:00 a.m. through 6:00 p.m., Monday through Friday. No work shall be permitted on weekends, Holidays, or after hours unless approved by the City of South Bend Department of Public Works through the Building Commissioner. XI. LEGAL RELATIONS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 107 B. Additions: 1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer, where mentioned in these documents, is Jones Petrie Rafinski. 2. The Contractor shall apply for and obtain any and all required permits for the work from local, state, and federal agencies and shall comply with permit requirements, including the St. Joseph County / City of South Bend Building Department. 3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with the Secretary of State of Indiana to engage in business within the State of Indiana. 4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner reserves the right to immediately terminate the public work project awarded should the Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result in the forfeiture of Contractor's performance bond to the Owner. XII. SUBMITTALS A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 106 B. Additions: 1. Submit four (4) copies or an electronic version of the submittals for all equipment or materials used in this project to the South Bend Department of Public Works for approval. All submittals must be delivered within 7 calendar days from the notice to proceed. 2. The Department of Public Works will review and return two (2) copies or an electronic version of the submittals within five (5) working days. 3. The review of the submittal information by the Department of Public Works is to facilitate the satisfactory acceptance of the equipment. This review shall neither relieve the contractor from the responsibility for deviations from the Specifications, nor from errors and omissions in the shop drawings or literature. Parts found not meeting the requirements of these Specifications shall be removed, repaired or replaced at no cost to the OWNER. 4. Submittals shall include complete manufacturer's descriptive information and shop drawings for all the parts furnished under this contract. 5. Upon completion of project, the Contractor will supply one (1) conformed set of all submittals to the City of South Bend. Version 08/25/2021 Special Provisions - 4 XIII. PROSECUTION AND PROGRESS A. Prevailing Specifications: 2020, INDOT Standard Specifications Sec. 108 B. Additions: 1. The project will have a completion time of (90) calendar days for all work. The contract time will start when the Notice to Proceed is delivered and signed and shall include time to acquire necessary permits and notices. 2. The City, Engineer, and Contractor will hold a pre -construction meeting following award of the contract. The date of the Notice to Proceed will be agreed at that meeting. 3. Contractor shall provide a schedule to the Owner prior to beginning any work on the site. XIV. CHANGE OF CONTRACT TIME A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: The Contract Time may only be changed by Change Order. Any Claim for an extension in the Contract Time shall be based on written notice delivered to the Department of Public Works within seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days after such occurrence unless an official of the Public Works Department allows an additional period of time to ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost to delays beyond the control of the Contractor if a claim is made in accordance with this provision. Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. 2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An extension is granted for weather conditions significantly more severe than normal if the Contractor demonstrates to the satisfaction of the City that the delay in the progress of the work was due to such weather. The basis to define normal weather with be the data compiled by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). 3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including fault or negligence of Contractor's subcontractors, caused the delay, or for which any remedies are provided under any other provision of this agreement. 4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of any rights or remedies existing under this contract at law or in equity. XV. DEFAULT AND TERMINATION A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: 1. Events of Default shall include Contractor's failure to perform any of its obligations under this contract including failure to commence work at the time specified, failure to perform the work in accordance with these specifications, unauthorized discontinuation of the work, Version 08/25/2021 Special Provisions - 5 failure to carry out the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or regulations, and failure to comply with any other term of this contract. 2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract in which case the termination shall be final and effective. 3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under separate provisions of this contract, the right of set-off against any payments due or to become due to the Contractor against the retainage, the right to take over and complete the Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that the Contractor has in order under Contractor's subcontracts are assigned to the City, subject to the City's right to take assignment of all or only selected subcontracts at the City's discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, the Contractor shall execute or cause to be executed any assignment, agreement, or other document that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to evidence compliance with this provision. The Contractor shall promptly deliver such documents upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment already involved, and for any claim, suit or cause of action based upon or resulting from any error, omission, negligence or other breach of contract by the Contractor, its officers, employees, or agents arising prior to the date of assignment to the City. XVI. LIQUIDATED DAMAGES A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 M. li 15600 Wil' 1. The contractor shall proceed with the work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work, and excludes the time for unavoidable delays which were beyond the control and without the fault of the Contractor. 2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall remain in default after the time of completion stipulated in the Contract Documents. 3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner and Engineer/Architect. a. To any preference, priority, or allocation order duly issued by the Owner. b. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner, acts of another Contractor in the performance of a Contract with the Owner, Version 08/25/2021 Special Provisions - 6 fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. XVII. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. Contractor is required to submit the completed "AIA Document G702TM - 1992" form to the City of South Bend Board of Public Works along with electronic certified payrolls for the billed time period. 2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of payments throughout the duration of the project. 3. Before final payment and retainage are released the Contractor must satisfy the following: a. All parts and labor meet requirements stated in the specifications. b. Provide copies of test reports or cut sheets on all materials supplied. c. Provide As -Built drawings in accordance with the City of South Bend Prevailing Specifications for Public Works. d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver of Lien. XVIII. WARRANTY A. Prevailing Specifications: None B. Additions: 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. XIX. OTHER UTILITIES A. Prevailing Specifications: None B. Additions: 1. The Contractor shall verify the locations of all utilities by contacting Holey Moley at 1-800- 382-5544 at least two (2) working days, not counting Saturdays, Sundays or federal and state holidays before proceeding with construction. It shall also be the Contractors responsibility to contact any other utility that is not contacted by Holey Moley and verify the utility locations. Version 08/25/2021 Special Provisions - 7 2. The Contractor shall be responsible for working with the other utilities, i.e., gas electric, telephone, etc. in order to assure that all utilities that need to be replaced or relocated can be done with a minimum disturbance to service. The Contractor shall also be responsible for coordinating schedules with the various utilities such that they can proceed with their relocation work as efficiently as possible. 3. If the odor of natural gas is detected in a work area at any time during the course of work, the Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also immediately notify the residents of adjacent properties. The Contractor shall advise the residents to evacuate their homes immediately if the odor is present within the dwelling. 4. Unless an allowance is specified in the bid tab, the restoration of sprinkler systems damaged by the Contractor's operations shall be repaired at no cost to the City and Owner of the system. If an allowance is provided in the bid tab, the City will reimburse the Contractor up to the allowance amount for sprinkler repairs. Restoration of sprinkler systems damaged by the Contractor's operations exceeding the allowance will be considered incidental to the contract. 5. Prior to contractor beginning any work, confirm that the AEP pole relocations shown in the site plan drawings has been completed. Contractor shall protect new utility pole locations in place during all construction activities. XX. MOBILIZATION AND DEMOBILIZATION A. Prevailing Specifications: 2020, INDOT Standard Specifications Sections 110 I:_T:["_Mre 1. The mobilization portion of this pay item will be limited to 75 percent of the Lump Sum price. The balance of the Lump Sum price will be considered demobilization and will be paid for when all work including final cleanup is completed. 2. Measurement and Payment a. Payment for all costs of Mobilization and Demobilization, including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a lump sum basis for all parts under the pay item: MOBILIZATION AND DEMOBILIZATION..........................................................LS XXI. MAINTENANCE OF TRAFFIC A. Prevailing Specifications: 2020, INDOT Standard Specifications Sections 105 & 801 B. Additions: 1. Maintenance of traffic during construction shall conform to the "Indiana Manual on Uniform Traffic Control Devices" and the City of South Bend Design and Construction Standards. 2. The attached "Traffic Closure Request" form is to be used for any lane restrictions or closures and required to be filled out and sent to the Department of Public Works. 3. The Contractor shall arrange and prosecute the work specified for this contract in such a manner that traffic on existing streets is unrestricted throughout the Project. The Engineer shall approve the method of traffic control. No construction equipment, vehicles, materials, Version 08/25/2021 Special Provisions - 8 supplies or temporary facilities shall be left unattended in the right-of-way of any street or left parked overnight without proper marking and lighting. 4. After the award of the contract and before beginning the work, the Contractor shall submit his/her/its proposed schedule of operations for the review of the Engineer. The schedule of operations as reviewed by the Engineer shall be maintained at all times. 5. There will be no direct payment for this work. XXII. PRE -CONSTRUCTION VIDEO OF SITE CONDITIONS A. Prevailing Specifications: None. B. Additions: The Contractor shall be required to submit a professionally completed DVD recording of the project area to clearly show driveways, street pavements, signs, traffic signals, etc., prior to the start of construction to verify before and after conditions. The DVD shall indicate the date of the recording and also include a method to identify the street or area being videotaped such as stationing or some other unique identifier. 2. One original and two copies shall be forwarded to the Engineer for review prior to beginning construction and shall become the property of the Owner. 3. All DVD's shall be professionally labeled showing the Owner's name, name of project and the name of the Contractor. 4. Measurement and Payment a. Payment for all costs of providing DVD record shall be paid for on a lump sum basis for all parts under the pay item: XXIII. DESCRIPTION OF WORK A. Prevailing Specifications: None B. Additions: 1. Work includes the removal of existing asphalt pavement for the north half block of the Sampson Street between Calvert and Randolph Streets in South Bend and installation of a new asphalt hammerhead turnaround, including new asphalt and concrete curb at the alleyway immediately south of Randolph Park, and installation of new storm sewer and turf restoration in the park, all more particularly described in plans and specifications prepared by Jones Petrie Rafinski, phone 574-232-4388. 2. The Base Bid covers all work associated with removal of the portion of Sampson St and the installation of the hammerhead turnaround according to the intent of the Plans and Specifications. 3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor's operations. XXIV. MUNICIPAL OPERATIONS Version 08/25/2021 Special Provisions - 9 A. Prevailing Specifications: None B. Additions: 1. The Contractor shall be responsible for trash, yard waste, and recycling collection within the project limits. The Contractor shall coordinate with the City of South Bend Solid Waste, Waste Management, and other pickup services as requested to ensure collection services are maintained. The Contractor shall be required to collect bins, place them in a common point for easy access by automated truck services, and redistribution after pickup as requested. 2. The Contractor shall be responsible for snow removal within the project limits and shall coordinate with City of South Bend Public Works. The Contractor is responsible for protecting his/her/its project site from excessive wear and tear during snow removal. XXV. PLANS A. Prevailing Specifications: City of South Bend Design and Construction Standards B. Additions: 1. The plans consist of 8 Sheets. 2. The work shall conform to the plans. 3. The drawings are schematic in nature. 4. The CONTRACTOR is responsible for estimating dimensions and quantities of materials. 5. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern. XXVI. STORM STRUCTURE, REMOVE A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 206 1. Measurement and Payment a. Payment for removal of existing Storm Structures, including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall.be paid for on a per item basis under the pay item: STORM STRUCTURE, REMOVE...............................................................EA XXVI1. PAVEMENT, REMOVE A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 202, 203 B. Additions: 1. The Contractor shall remove and dispose of any concrete pavement areas shown on the plans to be removed or as directed by the Engineer. Version 08/25/2021 Special Provisions -10 2. All pavement areas to be removed shall be neat line saw cut at removal limits for full depth removal. 3. Pavement removal shall include concrete sidewalk and asphalt roadways. 4. Measurement and Payment a. Concrete type pavement removal shall be paid for on a square yard basis under the pay item: CONCRETE PAVEMENT, REMOVE.............................................................SYS b. Asphalt type pavement removal shall be paid for within the pay item for Common Excavation for all parts: COMMON EXCAVATION............................................................................CYS c. Saw cutting for removal shall not be measured for pavement but shall be considered incidental to the Contract for all parts. XXVIII. EARTHWORK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 203 B. Additions: 1. Earthwork includes all excavation of soils, and any other materials within the project limits not paid for elsewhere, to establish the grades required by the work, including undercut required to establish pavement base grades. 2. Earthwork includes the transportation, hauling and disposal of excess material from the project limits, with the exception of pavement removal, which is to be considered incidental to the PAVEMENT, REMOVE and COMMON EXCAVATION Pay Items. 3. Contractor may not spoil excavated material within the lawn anywhere within the park or surrounding neighborhood without prior written authorization of the Owner for the specific area in question. 4. Measurement and Payment a. Payment for all costs associated with earthwork as defined above, will not be paid directly, but shall be included in the cost of various items of the contract for all parts. XXIX. BACKFILL, BORROW A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 211 B. Additions: 1. If onsite excavated material meets the specifications for Backfill, Borrow, then it may be used as directed by the Engineer. The Contractor shall not receive payment for Backfill if onsite material is used. 2. Measurement and Payment Version 08/25/2021 Special Provisions -11 a. Payment for all costs associated with backfill as defined above, shall be paid for on a cubic yard basis under the pay item: BACKFILL, BORROW.............................................................................CYS XXX. COMPACTED AGGREGATE A. Prevailing Specifications: City of South Bend Design and Construction Standards / 2020, INDOT Standard Specifications Section 301 B. Additions: 1. All coarse aggregate shall be of the specified size. Crushed limestone and concrete are allowed. The cost of placing, compacting, water and necessary incidentals shall be included in the cost of the compacted aggregate. 2. Sources of aggregate shall be in accordance with Section 904 of the INDOT Standard Specifications. Sources of aggregate will not be considered for acceptance of material until a preliminary investigation has been made. As part of this investigation, samples will be obtained and tests conducted to determine the quality and classification of the aggregates in accordance with ITM 203. 3. The depth of compacted aggregate shall be 8 -inches below proposed asphalt pavement and drives, per City standard. Quantity shall be based on plan neat lines. 4. Plan quantities are based on an assumed compacted density of 1.9 tons/cubic yard. 5. The condition of the subgrade at the time paving material is placed is required to be in accordance with INDOT Standard Specifications 105.03 and 207.03. 6. Prior to placing the base course of asphalt on the prepared aggregate subgrade, proof rolling in accordance with INDOT Standard Specifications 203.09 and 203.26 is required. 7. Measurement and Payment a. Payment for compacted aggregate for construction entrance, pipe and structure bedding will be considered incidental to furnishing and installing the respective Pay Item. b. The cost of placing, compacting, water and necessary incidentals associated with the compacted aggregate, other than the material described above, will be paid for on a tonnage basis for all parts under the pay item: COMPACTED AGGREGATE NO. 53, ................................................TON XXXI. HOT MIX ASPHALT A. Prevailing Specifications: INDOT 2020 Standard Specifications Section 402, 406 B. Additions: 1. The Contractor shall submit a job mix formula for approval five (5) working days prior to any mix placed. The Contractor will not be allowed to proceed with the placement of asphalt without an approved job mix formula. The Contractor shall notify the City forty-eight (48) hours prior to placing any asphalt. Mixed placed without notification will be subject to no Version 08/25/2021 Special Provisions -12 payment to the Contractor. 2. The Contractor shall perform smoothness tests for both intermediate, and surface pavements in accordance with 2020 INDOT Standard Specification Section 402.18 if requested by the Owner. The test shall be done in the presence of a city representative. The Contractor shall straight edge each course prior to the placement of the next course. 3. Damages will be assessed if the Contractor varies from the above specification. 4. No recycled asphalt pavement (RAP) or recycled asphalt shingles (RAS) or native grave for coarse aggregate will be allowed in the HMA surface mixture. All pavement shall be INDOT Type A HMA. HMA design and testing shall be in accordance with INDOT Standard Specification Section 402. The total content of recycled material, both RAP and RAS, shall be limited to 25% of the binder replacement. 5. Limestone aggregate will be the only coarse aggregate allowed in the HMA Surface mix. The binder in the HMA surface mix shall be PG70-22P. 6. Asphalt for tack shall be used between each lift of HMA, unless prior approval by the Engineer is obtained. The cost of the tack coat will not be paid for directly, but shall be included in the cost of other HMA items. 7. HMA Surface and Intermediate will be paid for by the accepted tons of asphalt placed at the contract unit prices as set forth in the proposal. 8. Measurement and Payment a. Payment for all costs associated with Hot Mix Asphalt Pavement, including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a tonnage basis under the pay item: HMA INTERMEDIATE, TYPE B..........................................................TON HMA SURFACE, TYPE B..................................................................TON XXXII. CONCRETE, SIDEWALK A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 604 B. Additions: 1. Expansion joints shall be placed at a maximum spacing of forty (40) feet and at any additional places as shown on the City of South Bend "Design and Construction Standards". Payment for joint material for sidewalk and curb ramps will be included in the unit price for the respective Pay Item. 2. Transverse control joints shall be placed at equal intervals not to exceed five (5) feet. 3. Any new walks on private property that lead to the City's sidewalk shall match the grade of the replaced sidewalk. The method of grade equalization will be determined by the Engineer. 4. The concrete mix for concrete flatwork shall include a micro -reinforcement homopolymer polypropylene fibrillated fiber system. Fibermesh 300 or approved equal. 5. The use of slag or local aggregate will not be permitted. Version 08/25/2021 Special Provisions -13 6. The Contractor shall provide job mix formula information, admixtures, and color samples with specified finish for approval by the Owner in advance of ordering the material. All work shall be done in accordance with the color material manufacturer's recommendations. 7. The Contractor shall provide job mix formula information including admixtures to the City a minimum of five (5) working days prior to the work. 8. Measurement and Payment a. Payment for all costs associated with concrete sidewalks, including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a square yard basis for all parts under the pay item: CONCRETE, SIDEWALK 4 IN..................................................................SYS XXXIII. CONCRETE, CURB A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 605 B. Additions: 1. Expansion material is required at all cold joints, POC's, POT's, alignment changes, and at 80' intervals in all other areas. 2. Transverse control joints shall be placed at equal intervals not to exceed 10 feet. 3. See the City of South Bend Standard Drawings for curb details to be used on this project. 4. Where abutting existing curb, the new curb height shall be adjusted during the last ten (10) feet to match the existing curb profile. 5. The only acceptable method of curing will be white membrane. All concrete shall be membrane -cured regardless of weather conditions. 6. Measurement and Payment a. Payment for all costs of concrete curb and cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a linear foot basis under the pay items: CONCRETE, CURB............................................................................LFT XXXIV. STORM PIPE A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 715 B. Additions: 1. Pipe shall be of the following material, unless otherwise noted on the plans: a. SDR 35 PVC Pipe 2. The Contractor shall be responsible for all necessary construction engineering to provide positive drainage and to connect to flow elevations of adjacent existing lines to be connected to. Version 08/25/2021 Special Provisions -14 3. Only Rubber O -Ring Joints are to be used. 4. Pipe joints and connections shall be water tight conforming to AASHTO M-294 and ASTM F-477. 5. All trenches shall be kept free from water until any joint filling material has hardened sufficiently not to be harmed. Work associated with pipe trench dewatering should be in conformance with the special provision noted elsewhere for Dewatering. 6. Other pipe installations shall be backfilled as shown on the plans or as directed. Prior to and during placement of bedding material and backfill, all standing water shall be removed from the trench. 7. An adequate earth cover shall be placed over the structure before heavy equipment is driven over it. 8. This work will be measured in accordance with Section 715.13 of the INDOT Specifications, except trench excavation, backfill material, trench backfilling, pipe bedding, aggregate for pipe bedding, and excavation trench safety systems shall not be measured directly, but shall be included in the unit cost of the pipe item. 9. Where indicated on the plans or as required, a concrete saddle shall be provided for support of utility lines that have a clearance of 0.5 -foot or less. Payment for the concrete saddles, as required, shall be incidental to the project. 10. Measurement and Payment a. Payment for all costs of storm sewer and including the cost of all materials (excluding pavers), equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a per unit basis under the pay items as described below: PVC STORM SEWER PIPE, 12 IN.............................................................LFT XXXV. STORM STRUCTURE A. Prevailing Specifications: 2020 INDOT Standard Specifications Section 720 B. Additions: 1. Measurement and Payment a. Payment for all costs of Storm Curb Inlet and Manhole, including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a per item basis under the pay items. STORM INLET, 24" DIA.........................................................................EA STORM MANHOLE, 4' DIA....................................................................EA XXXVI. SEEDING AND TOPSOIL A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 621. B. Additions: 1. Incidental to seeding shall also include the delivery and placement of topsoil to a depth of 4 inches in all areas designated to receive seed. Version 08/25/2021 Special Provisions -15 2. Turf Seed Installation: Sow seed with drill seeding machine. Evenly distribute seed by sowing equal quantities in two directions at right angles to each other. a. Do not use wet seed or seed that is moldy or otherwise damaged. b. Do not seed against existing trees. Limit extent of seed to outside edge of planting saucer. c. Sow seed at a total rate of 4 Ib/1000 sq. ft. d. Rake seed lightly into top 1/8 inch of soil, roll lightly, and water with fine spray, e. Protect seeded areas with slopes exceeding 1:3 with erosion -control mats installed and stapled according to manufacturer's written instructions. (i) Erosion Control Mats shall be paid separately as part of Erosion Control Measures. f. Protect seeded areas with slopes not exceeding 1:3 by hydromulch. Spread uniformly at a minimum rate of 1 1/2 tons/acre to form a continuous blanket over seeded areas. (i) Mix fertilizer and fiber mulch in water, using equipment specifically designed for hydromulch application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application. (i) Mix slurry with fiber -mulch manufacturer's recommended tackifier. (ii) Apply slurry uniformly to all seeded areas. Apply slurry cover coat of fiber mulch at a rate of 1 1/2 ton/acre (ii) Take precautions to prevent damage or staining of structures or other plantings adjacent to mulched areas. Immediately clean damaged or stained areas. 3. Measure and Payment a. Payment for all planting costs for Seeding, and Topsoil Mix shall be paid for including the cost of all materials, equipment, tools, labor, transportation, operations, and all other incidentals, shall be paid for on a square yardage basis under the pay items: SEEDING AND TOPSOIL..................................................................SYS XXXVII. TEMPORARY EROSION CONTROL MEASURES A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 205 B. Additions: 1. Temporary erosion and sediment control is required for all work. It shall be the responsibility of the Contractor during construction to prevent erosion. 2. The Contractor shall be responsible for adhering to the City of South Bend specifications and requirements regarding erosion and sedimentation control. Temporary Erosion Control shall include the cost implementation of the plan and maintenance of the erosion control elements. Should the Contractor fail to comply with the requirements of the Erosion Control Plan or fail to adequately implement or maintain the elements of the plan, the Contractor shall be solely responsible for fines, imprisonment or any other penalties lawfully imposed. 3. Erosion control measures shall be installed in accordance with current City of South Bend Standard Specifications and the Indiana Stormwater Quality Manual. Version 08/25/2021 Special Provisions -16 4. The Contractor shall be responsible for erosion control measures and keeping the sedimentation on site. Measures include but are not limited to installing silt fence where the ground slopes away from the project site, installing inlet protection as necessary to keep sediment out of inlets during construction, installing gravel pads, installing concrete washout or other necessary measures to prevent tracking sediment offsite. 5. The contractor shall vegetate all areas that lay bare for more than fourteen (14) days with temporary seeding. The contractor shall inspect all erosion control measures a minimum of once per week, and within 24 hours after every rainfall event of Y2" or more. The Contractor shall take corrective measures as necessary and maintain all temporary erosion control measures. 6. The cost of Temporary Erosion Control shall include the removal and disposal of sediment, as directed by the project representative. 7. Measure and Payment a. Payment for all costs for temporary erosion control including erosion control fabric material, seed and installation, shall be paid for as a onetime lump sum cost for all parts at the contract unit price under the pay item: TEMPORARY EROSION CONTROL.........................................................LSUM XXXVIII. UTILITY ALLOWANCE A. Prevailing Specifications: None B. Additions: 1. Existing water mains and gas lines cross the proposed storm sewer alignment and may occur at a depth that creates a conflict. The contractor shall field verify these existing utility depths and do not interfere with the proposed alignment, and if so the allowance shall be used to coordinate with the proper utility company to adjust the water or gas lines. 2. Measurement and Payment a. Payment for all costs associated with the possible adjustment and all appurtenances of the existing gas and/or water main for a complete installation of the proposed sewer shall be paid as an allowance. UTILITY ALLOWANCE............................................................ALLOWANCE XXXIX. 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. MBE 4.7 %. b. WBE 2.4 %. 2. Complete FORMS MBE -1.0 MBE Utilization Plan and WBE-1.0 WBE Utilization Plan, and submit with Bid Proposal Version 08/25/2021 Special Provisions -17 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. Version 08/25/2021 Special Provisions -18 ay;nrra;i, r� CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name Randolph Park Area Improvements Project No. 120-049 For Bids Due Tuesday March 8, 2022 From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of M/V1BE Utilization Plans [MBE -1.0 and WBE-1.0]. Also provide Evidence of Good Faith Efforts Forms [MBE -2.0 and WBE-2.0] and M/WBE Contacted Forms [MBE -2.1 and X WBE-2.1]. . X Acknowledge Receipt of 1 Addendum(s) included with the bid. X All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read and comply with the specifications. Bidder: Rieth-Riley Construction Co., Inc. Date: March 8, 2022 By Authorized Rep Signature: Print Name & Title: Ruben Alvarado, Sales Manager Version 08/25/2021 Contractor's Bid for Public Works -1 CITY OF SOUTH BEND , MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 x l MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder's sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Attach additional pages if necessary. PAGE 1 OF 1 Project Number: 120-049 MBE Participation Goal 4.7% Project Name: Randolph Park Area Improvements Bidder: Rieth-Riley Construction Co., Inc. By: Estimator/Project Manager 3-7-22 (Signature) (Title) (Date) MBE Firm US HyrdroVac Owner or Contact at MBE Firm Jake Whitney Telephone: 317-503-5341 Fax: Email: iwhitney@ushydrovac.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Sewer Televising, Potholing for Utilities RESULTS OF CONTACT WITH THE MBE FIRM: Received a quote for full scope of work and selected them. MBE Firm 1St Class Logistics Owner or Contact at MBE Firm Bernard Coutee Telephone: 574-993-0071 Fax: Email: 1stclasslogistics2013@ gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Trucking and hauling RESULTS OF CONTACT WITH THE MBE FIRM: Received a quote for full scope of work and selected them. Version 08/25/2021 Contractor's Bid for Public Works -14 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 woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE 1 OF 1 Project Number: 120-049 WBE Participation Goal 2.4% Project Name: Randolph ParkArea Improvements Bidder: Rieth-Riley Construction Co -Inc. By: Estimator/Project Manager 3-7-22 (Signature) (Title) (Date) WBE Firm Slusser's Green Thumb Owner or Contact at WBE Firm John Williamson Telephone: 574-722-3102 Fax: Email: JDW@slussers.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Seeding and Temporary Silt Fence RESULTS OF CONTACT WITH THE WBE FIRM: Received a quote for the full scope of work and selected them. WBE Firm Montgomery Trucking, Inc. Owner or Contact at WBE Firm Bill Moore Telephone: 260-312-2632 Fax: Email: billm.montgomerytrucking@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Trucking and Hauling RESULTS OF CONTACT WITH THE WBE FIRM: Received a quote for the full scope of work and selected them. Version 08/25/2021 Contractor's Bid for Public Works -15 CITY OF SOUTH BENDS MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.1 18 y.;= WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE 1 OF 1 Project Number: 120-049 WBE Participation Goal 2.4% Project Name: Randolph ParkArea Improvements Bidder: Rieth-Riley Construction Co -Inc. By: Estimator/Project Manager 3-7-22 (Signature) (Title) (Date) WBE Firm Slusser's Green Thumb Owner or Contact at WBE Firm John Williamson Telephone: 574-722-3102 Fax: Email: JDW@slussers.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Seeding and Temporary Silt Fence RESULTS OF CONTACT WITH THE WBE FIRM: Received a quote for the full scope of work and selected them. WBE Firm Montgomery Trucking, Inc. Owner or Contact at WBE Firm Bill Moore Telephone: 260-312-2632 Fax: Email: billm.montgomerytrucking@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Trucking and Hauling RESULTS OF CONTACT WITH THE WBE FIRM: Received a quote for the full scope of work and selected them. Version 08/25/2021 Contractor's Bid for Public Works -15 Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) BID OF Rieth-Riley Construction Co., Inc. (Contractor) 25200 State Road 23 (Address) South Bend, IN 46614 FOR PUBLIC WORKS PROJECTS OF Randolph Park Area Improvements Project No. 120-049 Filed March 8 2022 Action taken CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 / 2-13) / Form •96 (Revised 2013) Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) Date (month, day, year): March 8, 2022 1. Governmental Unit (Owner): City of South Bend, Indiana 2. County St Joseph County 3. Bidder (Firm): Rieth-Riley Construction Co., Inc. Address: 25200 State Road 23 City/State/ZlPcode: South Bend, IN 46614 4. Telephone Number: 574-288-8321 5. Agent of Bidder (if applicable): Ruben Alvarado Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Randolph Park Area Improvements: Project No. 120-049 (Governmental Unit) in accordance with plans and specifications prepared by Jones Petrie Rafinski See Itemized Proposal and dated n/a for the sum of $ See Itemized Proposal 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 governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. The above bid is accepted this following conditions: Contracting Authority Members: day of PART II (For projects of $150, 000 or more — /C 36-1-12-4) Governmental Unit: City of South Bend, Indiana Bidder (Firm) Rieth-Riley Construction Co., Inc. Date (month, day, year): March 8, 2022 , subject to the These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner 2,539,877.00 HVY HWY 2021 RS -92101, St. Joseph County, IN 16,312,999.00 HVY HWY 2021 U.S. 31, South Bend, IN 4,940,623.00 HVY HWY 2021 Elkhart County 12,285,464.00 HVY HWY 2021 SB Regional Airport, South Bend, IN 2. What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner 9,467,606.00 HVY HWY 2022 Douglas Rd, South Bend, IN 2,822,383.00 HVY HWY 2022 RS -92102, St. Joseph County, IN 2,6597111.00 HVY HWY 2022 RS -92103, St. Joseph County, IN 1,604,542.00 HVY HWY 2022 Dubail Ave, South Bend, IN 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. AM General - Mishawaka, IN 574-284-2728 Navistar - South Bend, IN 574-654-2400 ITR Concessions LLC 574-674-5836 University of Notre Dame 574-631-7356 SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) "According to plan specifications" 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. Roadsafe Traffic Systems - 3519 Harding St., Indianapolis, IN Traffic Maint/Markings V&R Trucking - 1845 North Elmer Street, South Bend, IN Trucking Hawk Enterprises - 1850 E North St., Crown Point, IN Electrical/Signage Slussers Green Thumb - PO Box 33, Logansport, IN Landscaping/Erosion Control C -Tech Corporation - 5300 W. 100 North, Boggstown, IN Guard rail/Fencing If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. "Subcontractor list will be provided upon award" 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. "As required" 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. "As necessary" SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he 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 include 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. He 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. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at South Bend, IN this 8th day of March 2022 Rieth-Ril%Construction Co., Inc. / (ame of Oi L000r Ruben Alvarado, Sales Manager (Title of Person Signing) ACKNOWLEDGEMENT STATE OF INDIANA ) COUNTY OF St. Joseph ss ) Before me, a Notary Public, personally appeared the above-named Ruben Alvarado and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this My Commission Expires: 1-5-2028 8th day of March 2022 County of Residence: Elkhart County, Indiana tary Public o""""' JENNIFER MORA PGe�'%Notary Public, State of Indiana Elkhart County Commission Number NP0724328 • 'p\; My Commission Expires PN`\\ January 05, 2028 9 : •� 5 KNOW ALL MEN BY THESE PRESENTS, No. 1363 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 That we, RIETH-RILEY CONSTRUCTION CO.. INC. as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto city of South Bend, Indiana as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of total bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Randolph Park Area Improvements Project No. 120-049 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of March 2022 Witne enn er Mo a / 4Z Witness Nicole M. West RIETH- EY CONSTRUCTION CO., INC. (Principal) (Seal) N me & Title Ruben �varao, Sales Manager TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Sandra M. gowak, Attorney -in -Fact Travelers Casualty and Surety Company of America �� Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sandra M. Nowak of CHICAGO , Illinois , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 'lMYI ,Tr gpa6 -`� tViR7F0Rp j CDNN a HPRfFFOf�NN., C Caasm. � F State of Connecticut By: City of Hartford ss. Robert L. Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal.,41" t1C1TA'RY ' My Commission expires the 30th day of June, 2026 - ¢� Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 07',07 day of JP�Ty ANO S y COON"M CONN. W , CWmaC iol� (-<' /4.4 -1 -- Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached, 1316 COUNTY -CITY BUILDING�TS, PHONE 574/ 235-9251 227 W. TEFFERsON BOULEVARD t#FAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 ; ; • �/=x TDD 574/ 235-5567 it xf I865 .. CITY OF SOUT:�i BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subject Project Name: Project No.: March 4, 2022 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 1 Randolph Park Area Improvements 120-049 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: March 4, 2022 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Authorized Si, Date: March 8 2022 1316 Coi1NTY-CITY BUILDING PHONE 574/235-925t 227 W. JEFFERSON BOULEVARD �`tj' `.:.. Cy'� FAx 574/235-9171 rr;AGE; �1'I TDD 574/235-5567 SOUTH BEND INDIANA 46601-1830 , CITY OF SouTij BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Randolph Park Area Improvements 120-049 Addendum No. I Date: March 4, 2022 To: All Plan Holders From: Finn Cavanaugh, Project Manager The items in this addendum are to become a part of the original documents as if included therein. Only the noted items are affected, and the remainder of the original contract document is to remain in its entirety. This Addendum modifies the Contract Documents as follows: PART 1—SPECIAL PROVISIONS PART 1— SPECIAL PROVISIONS 1.01 Contractors Bid for Public Work, Page 7 1. REVISE the tonnage quantity for compacted aggregate (line 9) to 234 2. REPLACE Page 7 with the attached BID/PROPOSAL page 7 JONES PETRIE RAFINSKI END OF ADDENDUM ```��������1�111110fI111p/i��i����`� r r N0. c _ 20504170 ti STATE OF F- kvv pE ARG Chris Chockley, PLA Registered Licensed Landscape Architect k signed copy of this addendum shall be submitted with the proposal. Acknowledged by: Attachments: -This addendum consists of a total 4 pages inclusive of "Acknowledgement of Receipt of Addendum" sheet- dab 1N19nN_QTR11rMrTfflN 100/ Quality 100 Employee Owned CERTIFICATE OF AUTHORITY av6r 100 Years KNOW ALL MEN BY.THESE PREOENT5,-that the undersigned President of Riefh-Riley Construction Co., Inc., a corporation duly organized and exlsting under the laws of the-8tate, of lndiana,'hereby represents and,confirms that Rube.n.Alvarado, Sales Manager., has full powef •and authority to make, execute, seal,'if-requ.ked by law, and deliver for and on its behalf, and.as its act and deed any and a1I'bids, proposals or contracts; 'said bids, prdposals or contracts not to exceed' $2,000,000.00 which.bid"s; proposais or conttacts call for work, 'services, br materials id be furddhed•by Rie%-Rlley Construction Co., [nc., Whetijer such bids, proposals or contracts are being submitted to •an individual or an public or private•, and to �birid Rleth=Riley`Const(uction Co., Inc. thefeby as.fui(y and .tg the same extent as if such bid's, proposais:or.contradt9 were: signed by an Executive. Officer of Ftieth-Riley Construction Co., Inc., and sealed., ifrequired by law; and attested by one of such officers, and hereby ratifies and confirms all that the above named'designee-may do in pursuance'fhereof. The authority granted to -the above named designee is pursuant -to Section 6,03 of the Restated By -Laws of.Rfeth-Riley Construction Co., Inc., as amended, -which Restated lay-Laws'were effective February g, 2010, and which Restated By -Laws,. as amended, and the authority granted to the above named designee continue- in full farce -and effect. This Certificate of Authority 7s issued,, signed and. sealed, if required -by law, by facs!-mile under and by �uthorrty of the following standing resolutions adopted by'the :Board of Directors of -Rieth-Riley GQhstrudtion Go., Inc., at a •meeting held on the •16th day of February, 1996, at which a quorum was: present, and which resolutions have not been amended or repealed and continue in full force and effect:. aResolved. fh..at'forputposes df clarification iihdin furtherance of the Intent of Section 6.03 of the By -Laws of the Company the authority granted in Se6 n' .W shall exfend to the making, execution, sealing,.1fraquired:by law, and.delivery on.behalf of the Company of all documents required os parvo. f any bid, proposal.or contract, which is for•work, services ormaterials to be furnished by Company and Whlch Is being• submik d to an lrz i dual or'entify, public of private." "Resolved that in atr}iing out .the provisions of Section 6.03 of the gy.-Laws'oFthe C.ompany.the signatures of such directors and of 6rs- and, if rega1red by law, -the seal of the Company may be affixed to any such Certlfiicate of Authority or any certificate- relating •therefo by facsimile., .afd*any such Certiflcate df Authority or cert cate bearing such facsimile signatur.'es & facsimile seal shall be' .valid .arid blhdlpi r upon the Company and arty such Wtificate of Authority so executed and beitlfied by facsf lie _Sigriafure and facsiM11e seal'.sha11 be valid and tiihcling upon the Company, with resiled f io any b' proposal or contract to which it is attached." IN WiTNESS-WHEREd.F, Rieth-Riley Construction'Co., lno.., has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this loth day of September, 2020. RIE TH-RiLEY CONSTRUCTION CO.., INC. SEAL A. Keith Rose, President STATE -OF INDIANA ) )SS: COUNTY OF ELKHART. ) On this 1 Oih day of September, 2020, before me personally carne A. Keith Rose, to me known, who, being by me sworn,.did depose and say: that he is President of Rieth-Riley C.bnstruc0on. Co., Inc., the corporation described in and which executed the above instrument; that he knows the seal of said corporation; thatthe•seal affixed'to the said instrument is such corporate seal; and that he executed the said InstrUment on behalf of the corporation by Whofity of -his office pursuant to corporation's Restated By -Laws and standing resolutions: My Commission Expires: .March 16, 2024 YP.� SEAI' C1 � ;2 IAS Ronya Phillips, Notary Public Residing in Elkhart County, Indiana I, Robert L. Konopinski, do hereby certify that I am the duly appointed and acting Secretary of Rieth-Riley Construction Ca., Inc., a corporation duly, organized, validly existing and in good standing under the laws of the State of Indiana; that the foregoing Certificate of Authority has neither been.amended or rescinded and remains in :full forge and effect; and furthermore, that the Restated By -Laws and standing resolutions of the corporation, as referred to and set forth in this Certificate of Authority, continue in full force and effect. Signed an Sealed at the Qorporate Office -of RiethrRiley Construction Co., Inc., in the City of Goshen, State of Indiana. Dated this day of SEAL Robert L, Konopinski, Secretary CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC tiVORIKS PROJECTS to the STATE OF INDIANA This Certification Board, having duly considered application for qualification in terms of apparent experience and financial resources; and under the applicable Indiana Code 4-13.6-4 and adopted rules of this Board, hereby issues a Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: RIETH RILEY CONSTRUCTION CO INC 3626 ELKHART RD PO BOX.477 GOSHEN IN 46527-0477 Phone 574-875-5183 Fax . 574-875-8405 Company Official KEITH ROSE for fhe twenty-seven month period stated -herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1611.01 Concrete Construction of Roads & Curbing 1611.02 Asphalt Construction of Roads and Parking Lots 1622.01 Gen Contr-brdgs,vdcts,elvd hwys,rlwy,tnls 1623.03 Sewers andlor Water Lines 1794.01 Earthmoving -and Land Clearing 1794.02 Excavation 1795.02 Demolition of Pavements and Roads CERTIFICATION DATE 2/24/2020 EXPIRATION DATE 512412022 THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA, PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINGTON STREET, ROOM W467, INDIANAPOLIS, I DIANA46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. ST Tracy L. Cross, ExPutive Secretary Certification Board DAPW PQ2 State Form 3983R Rev. 07106 ,�: f NOTE: Rleth-Rile'y is currently in the process of prequalification.renewal. New certificate can be furnished when received from INDOT. Ui�rt�u-�#� rrf (�atAlifu-ttiiirat UpDPY �a[Dt�tkttt �P}t aile�ti oaf ��tttt��Dl�Fttiu9t 1NDIPRAV.61:19, IN .0c&ber23,.-26�.9 PJETF1 RIL QMjE1N,--N who has'fled:with :the pepaftpr.. rfn;�hcld Cob'ditiori-a§ -requirb-a U"' ffiae.f r1did-M --Qj-de-'8-2 -- 0 -g-C*00tra6tdr'.g"Si�t'bi-O!ant of L�- I ' ­ "I - b 1' ' - --- -- " - " bid % • .. - .1. 18'h0e Y.paliffed. to bid.at any teparfm6-ni of transporf6fib' letting' in'. 0, leisg6s of V-V6rk -an., q�1jhin:'jhjg -Pr 1 pffi4 (I'mi -f each ion a� listed b'e'l 'p"!p`*-r-1'q:-8 'a-8-jh 1.6t d PuMomp -e. vor on hdod froffi all sources does exce6d the Aggrpgefte *-.oh�jfit -*,perseddsmy 06ttif ic atepraViously issued; but is sqbjeqt:tp revision 0rrpvoda!1dn"accorini6fh-d law; when .changes the,f nanblal ' hditibn - the dbhtracting fiV '6f--dtherfac6ljUAtif� such rents Ari or revocation. VdIld August 2-7,-2019 11irif July 3.I, -2020 -AGGREC19M. ... ............ .......... 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E(T) DEMOLITION................................................................. ...; I . .... ....... ; ........ $UNLT'IMITED ...................... .................... r ..... I 4VNIIJIVfiT4D PREQUALIFICATION ENGINEER State Fami 20508 (R315-05) ----------------- COMMISSIONER August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/ Supplier Type: Certified HMA Producer I TM 583 SM Material Code: 401M34500 to 41OM34600 A certified hot mix asphalt producer is one who has complied with the requirements set out -in the above referenced specification. A producer accepted into this program may supply asphalt mix for all projects beginning with the date approved as a certified hot mix asphalt producer. Source Producer Name Code Location Comments 3342 API CONSTRUCTION CORP HUNTERTOWN, IN 3390 API CONSTRUCTION CORP ANGOLA, IN 3321 ASPHALT SUPPLY CO. SELLERSBURG, IN 3391 BABCOCK PAVING, INC DEMOTTE, IN 3396 BA.RRETT PAVING MATERIALS, INC CL -EVES, OH 3560 BITUMEN SUPPLY, LLC CHARLESTOWN, IN 3303 BROOKS CONSTRUCTION CO INC AUBURN, IN 3324 BROOKS CONSTRUCTION CO INC FT WAYNE, IN 3360 BROOKS CONSTRUCTION CO INC FT WAYNE, IN 3359 BROOKS CONSTRUCTION CO INC HOAGLAND, IN 3372 BROOKS CONSTRUCTION CO INC MARION, IN 3291 BROOKS CONSTRUCTION CO INC WARSAW, IN 3220 CAVE QUARRIES INC PAOLI, IN 3119 CENTRAL PAVING LOGANSPORT, IN 3381 C G S SERVICES, INC MORRISTOWN, IN 1 of 7 Comments A = Water Injection System Installed B = In -Line Blending System Installed August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/ Supplier Type: Certified HMA Producer ITM 583 SM Material Code: 401M34500 to 41OM34600 3407 C & R CONSTRUCTION CORYDON, IN 3393 DAVE O'MARA CONTRACTORS INC FLATROCK, IN 3377 DAVE O'MARA CONTRACTORS INC HAYDEN, IN 3192 DAVE O'MARA CONTRACTORS INC .LEXINGTON, IN 3344 DAVE O'MARA CONTRACTORS INC NEW POINT, IN 3546 DAVE O'MA.RA CONTRACTORS INC ST. PAUL, IN 3326 DAVE O'MARA. CONTRACTORS INC VERSAILLES, IN 3285 E & B PAVING LLC ANGOLA, IN 3373 E & B PAVING LLC BLOOMINGTON, IN 3349 E & B PAVING LLC CHANDLER, IN 3375 E & B PAVING LLC FT WAYNE, IN 3355 E & B PAVING LLC HUNTINGTON, IN 3340 E & B PAVING LLC INDIANAPOLIS, IN 3279 E & B PAVING LLC .PLYMOUTH, IN 3366 E & B PAVING LLC KOKOMO, IN 3348 E & B PAVING, LLC MARTINSVILLE, IN 3368 E & B PAVING LLC MUNCIE, IN 3246 E & B PAVING LLC 2 of 7 Comments 13 = In -Line Blending System Installed August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/Supplier Type: Certified HMA Producer ITM 583 SM Material Code: 401M34500 to 41OM34600 NOBLESVILLE, IN - SR 38 3339 E & B PAVING LLC NOBLESVILLE, IN - RIVER RD 3257 E & B PAVING LLC PENDLETON, IN 3302 E & B PAVING LLC PERU, IN 3389 E & B PAVING LLC (I) ROCKPORT, IN' 3361 E & B PAVING, LLC SWITZ CITY, IN 3341 E & B PAVING, LLC WASHINGTON, IN 3371 GALLAGHER ASPHALT CORP, THORNTON, IL 3196 GAUNT & SON ASPHALT INC WABASH, IN 3367 GOHMANN ASPHALT & CONSTRUCTION INC (I) DALE, IN 3145 HARDING ASPHALT MATERIALS INDIANAPOLIS, IN 3404 HARDING ASPHALT MATERIALS INDIANAPOLIS, IN (TIBBS AVE.) 3383 HOT MIX INC GREENSBURG, IN 3387 IMI - CORYDON STONE & ASPHALT CORYDON, IN 3298 IMI - SELLERSBURG STONE CO INC SELLERSBURG, IN 3550 JENSTAR ASPHALT LLC GARY, IN 3403 JERRY DAVID ENTERPRISES, INC EVANSVILLE, IN 3405 JH RUDOLPH & CO, INC DALE, IN 3 of 7 Comments B = In -Line Blending System Installed August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/ Supplier Type: Certified HMA Producer ITM 583 SM Material Code: 401M34500 to 41OM34600 3378 JH RUDOLPH & CO INC ENGLISH, IN 3308 JH RUDOLPH & CO INC EVANSVILLE, IN 3551 K -FIVE CORPORATION MARKHAM, IL 3555 LOUSIVILLE PAVING CO CRESTWOOD, KY 3398 LOUSIVILLE PAVING CO LOUISVILLE, KY 3384 MAC CONSTRUCTION & EXCAVATION, INC JEFFERSONVILLE, IN 3249 METZGER CONSTRUCTION CO INC BOONVILLE, IN 3251 METZGER CONSTRUCTION CO INC BOONVILLE, IN 3332 MILESTONE CONTRACTORS LP BLOOMFIELD, IN 3232 MILESTONE CONTRACTORS LP (I) CAMBRIDGE CITY, IN 3315 MILESTONE CONTRACTORS LP COLUMBUS, IN 3394 MILESTONE CONTRACTORS LP (I) CRAWFORDSVILLE, IN 3397 MILESTONE CONTRACTORS LP DALEVILLE, IN 3309 MILESTONE CONTRACTORS LP (I) DECATUR, IN 3304 MILESTONE CONTRACTORS LP INDIANAPOLIS, IN — HARDING• ST (PLANT #11) 3317 MILESTONE CONTRACTORS LP INDIANAPOLIS, IN — 96TH ST 3273 MILESTONE CONTRACTORS LP KENTLAND, IN 3323 MILESTONE CONTRACTORS LP LAFAYETTE,'IN 4 of 7 Comments B = In -Line Blending System Installed August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/Supplier Type: Certified HMA Producer ITM 583 SM Material Code: 401M34500 to 41OM34600 3347 MILESTONE CONTRACTORS LP PLAINFIELD, IN 3345 MILESTONE CONTRACTORS LP PORTLAND, IN 3248 MILESTONE CONTRACTORS LP RICHMOND, IN 3158 MILESTONE CONTRACTORS LP RIDGEVILLEI IN 3333 MILESTONE CONTRACTORS LP VEEDERSBURG, IN '3363 MILESTONE CONTRACTORS LP WHITESTOWN, IN 3336 MILESTONE CONTRACTORS NORTH, INC GRIFFITH, IN 3406 MILESTONE CONTRACTORS NORTH, INC LAPORTE, IN A 3388 MILESTONE CONTRACTORS NORTH, INC LOWELL, IN 3351 MILESTONE CONTRACTORS NORTH, INC SOUTH BEND, IN 3382 MILESTONE CONTRACTORS NORTH, INC VALPARAISO, IN 3392 MILESTONE CONTRACTORS SOUTH, INC CLOVERDALE, IN 3350 MILESTONE CONTRACTORS SOUTH, INC TERRE HAUTE, IN 3334 NIBLOCK EXCAVATING INC BRISTOL, IN 3296 NIBLOCK EXCAVATING INC KIMMEL, IN - 3402 OWENSBORO PAVING (I) OWENSBORO, KY - (PLANT #1) 3533 OWENSBORO PAVING (I) OWENSBORO, KY - (PLANT #2) 5 of 7 Comments B = In -Line Blending System Installed August 30, 2021 CERTIFIED HOT MIX ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & SM Producer/Supplier Type: Certified HMA Producer• ITM 583 SM Material Code: 401M34500 to 41OM34600 3137 PHEND & BROWN INC DISKO, IN 3171 PHEND & BROWN INC LEESBURG, IN 3399 RIETH-RILEY CONSTRUCTION CO INC MOORESVILLE, IN 3395 RIETH-RILEY CONSTRUCTION CO INC DANVILLE, IN 3173 RIETH-RILEY CONSTRUCTION CO INC ELKHART, IN 3353 RIETH-RILEY CONSTRUCTION CO INC GARY, IN 3511 RIETH-RILEY CONSTRUCTION CO INC HOWE, IN 3330 RIETH-RILEY CONSTRUCTION CO INC INDIANAPOLIS, IN - KY AVE "B" 3184 RIETH-RILEY CONSTRUCTION CO INC INDIANAPOLIS, IN - KY AVE "A" 3316 RIETH-RILEY CONSTRUCTION CO INC INDIANAPOLIS, IN - 96TH ST 3386 RIETH-RILEY CONSTRUCTION CO INC LAFAYETTE, IN 3365 RIETH-RILEY CONSTRUCTION CO INC LAPORTE, IN 3300 RIETH-RILEY CONSTRUCTION CO INC NOBLESVILLE, IN - (RIVER AVE) 3290 RIETH-RILEY CONSTRUCTION CO INC SOUTH BEND, IN - 3379 RIETH-RILEY CONSTRUCTION CO -INC VALPARAISO; IN 3288 TEMPLE & TEMPLE PAVING SALEM, IN 3154 TRI -COUNTY ASPHALT OTWELL, IN 3534 VALLEY ASPHALT CORP CLEVES, OH ----------------------------------------- B 6 of 7 Comments B = In -Line Blending Svstem Installed August 30, 2021 CERTIFIED HOT MIX.ASPHALT PRODUCERS Specification Reference: 401, 402, 410 & ITM 583 3510 VALLEY ASPHALT CORP (I) ROSS, OH 3543 WALLS MANUFACTURING CO (2) BROOKVILLE, OH 3544 WALLS MANUFACTURING CO (I) GREENVILLE, OH 3343 WAYNE ASPHALT AND CONST, CO INC FORT WAYNE, IN SM Producer/Supplier Type: Certified HMA Producer SM Material Code: 401M34500 to 41OM34600 7 of 7 Comments B = Ili -Line Blending System Installed