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HomeMy WebLinkAboutOpening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Bit-Mat Products of IndianaCONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2022 Street and Sewer Material Bid Project No. 122-028 March 2022 Prepared for CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Department of Public Works Division of Engineering �sr� N0.11600392 • = -o STATE OF 4z: AtA k' 2/18/2022 kilt Leslie N. Biek Registered Professional Engineer State of Indiana No. PE11600392 FOR BIDS DUE: 9:00 a.m., March 22, 2022 City of South Bend, Indiana Department of Public Works 2022 Street and Sewer Material Bid Project No. 122-028 Notice to Bidders General Conditions Special Provisions City of South Bend Contractor's Bid for Public Work Form Version 09/29/2021 Table of Contents 1 Page 9 Pages 11 Pages 20 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 b wbids(a)soutltbendin.«ov until 9:00 a.m., Local Time, on March 22, 2022 for the following: 2022 Street and Sewer Material Bid Project No. 122-028 The Title of the Bid and Project Number (where applicable) as described above must be included in the subject line of the email to which you have attached your bid. The name of the company/vendor, address, contact email address and phone number must be included in the body of the email. Detailed instructions and information, including the link to the Reserved Mailbox for electronic bid submittals, is available at southbendin.gov/bids. This project includes the furnishing of materials to be used by the Street Department, Sewer Department, and other City of South Bend agencies for the year 2022 and the first part of the year 2023. All more particularly described in specifications prepared by Scott Kreeger, phone (574) 235-9245. 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. 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. 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 Theresa Heffner, Clerk Publish two (2) times: February 25, 2022 March 4, 2022 Version 09129/2021 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 Theresa Heffner, 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 10/13/2021 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 Send. 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 itthe/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 10/13/2021 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 it/ he/she has a collective bargaining agreement or other contract of understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment." "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules and regulations, and relevant orders of the Secretary of Labor." "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders." "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, in this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked" as provided in Executive Order No 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law." "(7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate Version 10/1312021 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 li, 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 10/13/2421 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 pFevided with the bid that states the IVIBEs and-W-REAs that. FaillUF9 tG eitheF FAe9t thP- PARE and- 1 139 goals or- to PF9Viide evidenGe of gGed faith effeFts for- the Bidders &h4A are encouraged to demonstrate good faith efforts 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. tems: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. this --rv7cz tc All bidders are actively encouraged to reach out to the MNVBEs 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. Version 10/13/2021 General Conditions - 5 CITY OF SOUTH BEND'S GUIDELINES FOR GOOD FAITH EFFORTS BY CONTRACTORS IN MEETING MWBE CONTRACT GOALS Under the City of South Bend's Minority and Women's Business Enterprise (MWBE) Inclusion Program Plan (COSB Inclusion Plan), the City of South Bend (the City) is authorized to set "contract specific" goals to increase MWBE participation in City contracts and procurements. MWBE participation goals are set based on availability of MWBE contractors within the City's geographic market area identified in the City's Disparity Study. For contractors bidding on a construction, services, supplies or equipment contract where goals have been set for all or parts of the project, below is information relevant to "good faith efforts" to meet the contract goal. When the City sets a contract goal, that means MWBE's are in fact available to perform work on the contract. Project bidders must try diligently to meet the goal. Failure to make a good faith effort may result in rejection of your bid as non-responsive to the contract. Good faith efforts means actions undertaken by a contractor to achieve a contract goal which, by their scope, intensity, and appropriateness to the objective, can be reasonably expected to fulfill the Program's goals (City's Inclusion Plan, Section 4.B., No. 21). A good faith effort is fully reviewable by the City. Where a contract goal is not met, contractors must provide as much information as possible to help the City assess the contractor's good faith efforts to achieve the goal. Inadequate proof of good faith efforts may result in a finding that the contractor was non-responsive, causing its bid to be rejected even if it is the lowest. Good faith efforts require active, aggressive efforts by the prime contractor to obtain the contract MWBE participation goal. Mere pro forma efforts are not good faith efforts. To satisfy the good faith efforts test: A prime contractor may not reject a MWBE's bid solely because it is not the lowest bid received from subcontractors. If the MWBE's costs are reasonable and not excessive, the MWBE's quote or bid presumptively should be accepted on a contract requiring goals even if the MWBE's bid is not the lowest one received. However, if an MWBE's bid or quote is unreasonable or excessive, the prime contractor may reject the bid on that basis. The contractor has the burden of demonstrating the excessiveness or unreasonableness of the MWBE's bid or quote. Because the City must determine whether a MWBE quote was unreasonable or excessive, Contractors must provide the City with copies of each MWBE and non MWBE quote submitted to the bidder when a non-MWBE was selected over an MWBE. • A contractor may not reject a MWBE as being unqualified without sound reasons based on a thorough investigation of the MWBE's capabilities. If a prime contractor rejects a MWBE as unqualified, the Contractor must provide the City with good reasons for this. The MWBE's industry standing or membership in a specific group, organization, political or social affiliation (example: union v. non-union) is not a basis to reject the MWBE for lack of qualification. Version 10/13/2021 General Conditions - 6 • The ability or desire of a prime contractor to perform the work of the contract with its own organization team does not relieve the prime contractor of the need to make good faith efforts to use MWBE sub contractors to meet the contract goal. EXAMPLE: Total Project Estimate is $500,000. An MWBE goal of 10% is set for a specific part of the project, i.e., $50,000. Only one MWBE submits a quote to the prime contractor, and it is $50,000. A non MWBE submits a quote of $45,000. Rejecting the MWBE bid may not meet the requirement of making a good faith effort to meet the contract goal because: 1) the MWBE quote is within the goal percentage and dollar amount set for MWBE participation on the project; 2) selection of the MWBE quote guarantees that the contractor meets the set goal and that its bid will be deemed responsive; and 3) the difference between the MWBE and non MWBE quotes is not significant in terms of the overall contract amount (i.e., 1 % of total contract). If the MWBE's quote is $53,000 and the non-MWBE bid is $50,000, it may yet not be demonstrative of a good faith effort to reject the MWBE solely because the MWBE's quote is not the lowest. The excess is not greatly significant to the total contract cost, and it could reasonably be expected to be made up elsewhere in the contract while guaranteeing full goal compliance. The above examples are illustrative only. The City will make a fair and reasonable judgment as to good faith efforts based on all information and documentation provided by bidders and taking into account the Quality Quantity, and Intensity of the efforts made by a contractor to meet the contract goal. Version 10/13/2021 General Conditions - 7 GOOD FAITH EFFORTS MATERIALS TO BE INCLUDED WITH BID If a contractor's bid does not meet the goal set for the contract, the contractor must submit evidence of good faith efforts with its bid so the City can determine whether the contractor is a responsive bidder. If the contractor's bid meets the MWBE goal, evidence of good faith effort is not required, but it would be prudent to include some evidence in case an error was made. The information required of a contractor who has not achieved the contract goal to show good faith efforts can be found in the South Bend Inclusion Program Plan at Section 8.B.3.d. as follows: (b) Where the bidder cannot achieve the contract goal, the bidder must provide proof of having made good faith efforts to meet the goal. In making this determination of whether to issue a goal waiver, the City will consider, at a minimum, the bidder's efforts to: (1) Solicit through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and written notices) the interest of all MWBEs in the scopes of work of the contract. The contractor shall provide interested MWBEs with timely, adequate information about the plans, specifications, and requirements of the contract to allow such firms to respond to the solicitation. The bidder must follow up initial solicitations with interested MWBEs. (2) Select portions of the work to be performed by MWBEs in order to increase the likelihood that the contract goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate participation, even when the bidder would otherwise prefer to perform these work items with its own forces. It is the bidder's responsibility to make a portion of the work available to MWBEs and to select those portions of the work or material needs consistent with the availability of such firms to facilitate their participation. (3) Negotiate in good faith with interested MWBEs. Evidence of such negotiation includes the names, addresses, and telephone numbers of firms that were contacted; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and why agreements could not be reached. The bidder may not reject MWBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. That there may be some additional costs involved in finding and using MWBEs is not in itself sufficient reason for a bidder's failure to meet the contract goal, as long as such costs are reasonable. The ability or desire of a bidder to perform the work of a Contract with its own organization does not relieve it of the responsibility to make good faith efforts on all scopes of work within which subcontracting opportunities are available. (4) Make efforts to assist interested MWBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. (5) Make efforts to assist interested MWBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, where appropriate. Materials that should be submitted to support a contractor's good faith efforts include: • Copies of advertisements, notices, or solicitations from contractor to MWBE's-- to include date and time of issuance; • A list of all locations where advertisements or notices to MWBE's were placed or solicitations sent; Copies of communication between contractor and MWBE's in response to contractor's advertisements, notices, or solicitations; Proof of contractor's break-out of contract items into units feasible for performance by WMBE's; Version 10/13/2021 General Conditions - 8 • Proof of communications between the contractor and MWBE regarding negotiations for agreements, and why agreement could not be reached, as stated more specifically in above Subsection (b) (3); • Proof of bids or quotes from MWBE's and those from non MWBE's when non MWBE's bid or quote is used; • Proof of efforts made by contractor to assist MWBE to participate in contract, where appropriate; and • Any other information tending to show that Contractor made active, aggressive efforts to meet the MWBE participation goal but despite good faith efforts was unable to do so. Version 10/13/2021 General Conditions - 9 DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA SPECIAL PROVISIONS 2022 Street and Sewer Material Bid Project No. 122-028 PROJECT DESCRIPTION This project includes the furnishing of materials to be used by the Street Department, Sewer Department, and other City of South Bend agencies for the year 2022 and the first part of the year 2023. All prices will remain in effect until April 28, 2023. This bid will be awarded to the lowest responsible bidder for each line item or Division, dependent on the needs of the City of South Bend. The Contractor does not need to supply unit prices for all items in each Division to be eligible for award. All items will be awarded per unit prices and the quantities shown for each item are approximate quantities only. Actual quantities purchased may be greater or less than the quantities shown on the bid tab. The contract(s) pursuant to these specifications shall be awarded to the lowest responsible and responsive vendor for each line item or division. 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 2022 INDOT Standard Specifications for the letting effective after September 1, 2021. 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: 2022, INDOT Standard Specifications Section 102 B. Additions: 1. Each Bid provider shall completely execute and submit the following documents with the Bid: a. City of South Bend Contractor's Bid for Public Worm Form Version 09/29/2021 Special Provisions -1 IV V VI. VII Contractor's Non -Collusion and Non -Debarment Investment with Iran, Employment Eligibility Commitment and Certification of use of United Products. c. Responsible Bidder Checklist TERM "OR EQUAL" A. Prevailing Specifications: None B. Additions: Affidavit, Certification Regarding Verification, Non -Discrimination States Steel Products or Foundry 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. TAX EXEMPT A. Prevailing Specifications: None B. Additions: 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. 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. AWARD OF CONTRACT A. Prevailing Specifications: 2022, 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. Version 09/29/2021 Special Provisions - 2 Vlll. CONTROL OF WORK A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. IX. LEGAL RELATIONS A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 107 B, Additions: 1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer, where mentioned in these documents, is the City of South Bend Department of Public Works, Division of Engineering. 2, The Contractor shall apply for and obtain any and all required permits for the work from local, state, and federal agencies and shall comply with permit requirements, including the St. Joseph County 1 City of South Bend Building Department. 3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with the Secretary of State of Indiana to engage in business within the State of Indiana. 4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner reserves the right to immediately terminate the public work project awarded should the Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result in the forfeiture of Contractor's performance bond to the Owner. X. DEFAULT AND TERMINATION A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 B. Additions: 1. Events of Default shall include Contractor's failure to perform any of its obligations under this contract including failure to commence work at the time specified, failure to perform the work in accordance with these specifications, unauthorized discontinuation of the work, failure to carry out the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or regulations, and failure to comply with any other term of this contract. 2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract in which case the termination shall be final and effective. 3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under separate provisions of this contract, the right of set-off against any payments due or to become due to the Contractor against the retainage, the right to take over and complete the Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that the Contractor has in order under Contractor's Version 09/29/2021 Special Provisions - 3 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. XI. CORRECTIVE ACTIONMAMAGES A. Prevailing Specifications: None B. Additions: 1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled delivery will result in damages charged to the supplier in the amount of time plus expenses plus overhead charged. 2. Should a supplier of concrete or asphalt become overbooked for deliveries one or more days of a week that supplier shall notify the City's representative ordering the material at least two (2) working days in advance. In the event the initial test results indicate a failure, the contractor will immediately contact the independent testing agency in order to complete the confirmation testing. The receipt of the test report indicating the failure in the mix will immediately trigger the corrective action/damages process. The Contractor will be considered placed on notice upon receipt of the testing report from the independent laboratory. If a back-up sample was not taken nor if there is not enough of the original sample to complete confirmation testing, the original test will be binding. There will be no coring of placed materials for confirmation testing. The contractor is solely responsible for making any and all corrections to the material mix in order to meet the requirements in the mix design. 4. The corrective action/damages are set forth as follows: a. The damages will be for all of the specific mix design/material delivered on the day the sample was taken. b. Damages are progressive for each specific mix design. The material costs for the day the sample was taken will be reduced by the following percentages i. First test failure — 10% reduction of actual material cost. ii. Second test failure — 20% reduction of actual material cost. iii. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost. The City of South Bend reserves the right to accelerate the corrective action/damages procedure or to require the contractor, at his expense, to remove and replace the material in Version 09129/2021 Special Provisions - 4 the event the failure in the material delivered may cause physical or property damage to the public. 6. The parties recognize that time is of the essence in regard to this Contract and that City will suffer financial loss if the equipment, supplies, services are not delivered within the times specified on the Contract. a. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the date specified in the Contract, City shall use the bid bond or certified check of bidder as liquidated damages b. Should the Contractor fail to provide or perform the equipment, supplies, services and/or other obligations pursuant to the Contract, and should the City then elect to bid a new project that will replace the Contract, any bid for the project from Contractor will be considered only if Contractor can demonstrate the ability to deliver and perform the equipment, supplies, services and/or other obligations in a timely fashion. c. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the time specified in the Contract, City shall award all or part of the material to the next lowest bidder. XII. DELIVERY A. Prevailing specifications/INDOT Standard Specification Section: None B. Additions: 1. Items shown in the specifications to be delivered shall be delivered to the Bureau of Streets at 731 South Lafayette or to other sites within the City of South Bend designated by the City's representative ordering the material. Delivery dates shall include weekends and holidays as designated by the representative ordering the material. 2. Each load of loose materials must be fully tarped or covered from origin to the point of delivery to minimize loss from blowing and change of moisture content. 3. Items shown in the Specifications to be picked up by the City shall be picked up by the City at the successful bidder's plant or warehouse. The plant or warehouse must be within the South Bend City limits or within five miles of the Public Works Service Center, and it must be within 15 minutes driving time via approved truck route(s) of the Public Works Service Center. Loading shall be done by the supplier. 4. Duplicate weight tickets will be provided for each load. Each ticket will bear a serial number, increasing in number with each load. No ticket number shall ever repeat. 5. The vendor for items in Division A and Division B shall designate a representative and an alternate that shall be available for at least one (1) hour no later than Thursday of each week for a coordination conference to discuss the City of South Bend's prospective order for the upcoming calendar week. The vendor shall guarantee availability of materials of each type and in such quantity for each day of the following week as agreed to in the conference. Quantities shall may be less than or greater than 5% of the agreed upon amounts. If such materials are not available at the time of delivery as agreed, the vendor shall at its option remedy the situation by one of the following means: Version 09/29/2021 Special Provisions - 5 a. Arrange for the City of South Bend to pickup its order within one (1) hour of the agreed schedule at another location within five (5) miles of the South Bend City limits at no additional cost to the City of South Bend. b. Provide a substitute material equal to or greater than the prevailing specifications at a cost identical to the cost of original unit price. All substitute materials shall be approved by Engineering prior to delivery. c. Within three (3) working days of the failure to deliver, with its own forces and equipment lay the materials into place at the location the Bureau of Streets has prepared and readied for paving. Such paving shall be done in a workmanlike manner, according to the Standard Specifications for the type of material being used, at no additional cost to the City. 6. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 7. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. S. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. The City reserves the right to inspect and have any goods tested after delivery for compliance with the Specifications. Notice of latent defects, which would make the item unfit for the purposes for which they are required, may be given at any time within one year after discovery of defects. 10. The bid proposal shall specify as per unit cost of delivery for all items specified for delivery. Award may be made to a company for just delivery and not necessarily for the purchase of the material. XIII. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. 2. There will be NO Retainage. 3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for all items. XIV. DIVISION A: PCC MATERIALS A. Prevailing specificationsliNDOT Standard Specification Section: 213, 502, 504, 506, 901, 904, 912, 913 B. Additions: Version 09/29/2021 Special Provisions - 6 1. Non -chloride accelerator shall be added to Class A Concrete or Class A High Early Concrete at the City's request. a. Each unit of non -chloride accelerator shall correspond to the quantity of additive required to obtain the specified composition (0.5%, 1%, or 2%) per cubic yard of concrete, b. The payment for adding the non -chloride accelerator will be made for each cubic yard of concrete with the additive ordered. 2. The requirements for 7 Bag PCC Material are as follows: a. The fine aggregate shall be at least 35% but not more than 45% of the total weight of the aggregate in each cubic yard. Proportions will be based upon SSD aggregates. b. The CMD shall produce workable concrete mixtures, with the minimum amount of water, having the following properties: Minimum Portland cement content 658lbs/cu yd Maximum water/cement ratio 0.45 Minimum Slump 2 in. Air Content 6.5% +/- 1.5% Minimum Flexural Strength, third point loading 300PSI @ 24hr Minimum Flexural Strength, third point loading 500PSI @ 3 days 3. Delivery cost shall be included in the unit cost for each of the following line items within this Division: A-1, A-2, A-3, A-4, and A-5. XVI. DIVISION B: AGGREGATE MATERIALS A. Prevailing specifications/INDOT Standard Specification Section: 301, 302, 303, 621, 904, 914 B. Additions: 1. The requirements for No. 23 Slag Sand Mix are as follows: Sieve Size Percent Passing 1/2" 318" 100% No. 4 80-100% No. 8 60-90% No. 16 40-65% No. 30 25-40% No. 50 10-30% No. 100 5-20% No. 200 0-10% 2. Topsoil must be screened and free of foreign debris. Version 09/29/2021 Special Provisions - 7 3. Topsoil will be tested for PH level. 4. Delivery cost shall be included in the unit cost for each of the following line items within this Division: B-1, B-2, B-3, B-4, and B-6. XVII. DIVISION C: SEWER MATERIALS -CASTINGS A. Prevailing specifications/INDOT Standard Specification Section: 908, 907, 910 B. Additions: 1. The manhole 1040A cover and frame shall be the following: a. Cover: East Jordan Iron Works manhole cover 1040A, Neenah R-1642, U.S. Foundry 206- Ring & TL Cover- INDOT Type 4 or approved equal (i) Manhole covers must be labeled "City of South Bend" with "Storm" or "Sanitary" b. Frame: East Jordan Iron Works manhole frame 1045, Neenah R-1642, U.S. Foundry 206 INDOT Type 4, or approved equal. 2. The catch basin cover and frame shall be the following: a. Cover: East Jordan Iron Works catch basin cover (grate) 1020-M1, Neenah R -4380- 17-D or approved equal b. Frame: East Jordan Iron Works manhole frame 2996 or approved equal XVIII. DIVISION D: SEWER MATERIALS - RISERS B. Prevailing specifications/INDOT Standard Specification Section: 908, 907, 910 C. Additions: 1. Manhole risers shall conform to the following: a. All risers shall include pivoted turnbuckle adjustable riser rings. b. Adjustable turnbuckle must be pivoted on 304 stainless steel roll pins at both ends which eliminates binding of mechanism when expanding or contracting manhole riser. C. The linkage assembly shall not contain tac-welds. d. The linkage shall pivot inside a solid'/" thick bar. The linkage shall accommodate an adjustment to the diameter of the ring of/" in either direction (larger or smaller). e. The ring must be a single piece assembly, with no loose parts. f. Riser must expand to obtain full circumferential engagement. Version 09/29/2021 Special Provisions - 8 g. The riser shall not obstruct entrance to a manhole. There are no extensions to hinder men or equipment using the manhole. h. All moving parts and mating surfaces are zinc plated with dichromate finish or stainless steel. Skirts are G90 galvanized. i. Skirt must be welded 85% of the circumference of riser. j. Manhole riser allows efficient application of the pivoted turnbuckle so that 60 lbs. force applied 7" from center of turnbuckle exerts 5600# tangential force in the riser ring. This enables the riser ring to be forced to fit worn out of round manhole lid seats and still exert a great force on the side walls for holding power. k. Manhole risers shall be color coded prior to delivery based on the following: Ring Diameter Color 20 314" D Silver 21 314" D Blue 22 118" D Red 22 114" D Yellow 23" D Green 23 518" D Black 25 112" D Fluorescent Orange 26" D Orange 26 112" D Gold XIX. DIVISION E: TRAFFIC MATERIALS B. Prevailing specificationsllNDOT Standard Specification Section: 808, 909, 921 C. Additions: 1. High Build Fast Dry Waterborne Traffic Paint: a. High Build Fast Dry Waterborne Traffic Paint must meet and exceed the chemical composition and performance requirements of Federal Specification TT -P -1952F Type III. b. High Build Fast Dry Waterborne Traffic Paint must be environmentally friendly 100% acrylic emulsion traffic paint containing less than 100 grams per liter volatile organic content (VOC). c. High Build Fast Dry Waterborne Traffic Paint must meet or exceed TT -P -1952F Type III when tested in accordance with the following ASTM test methods: D2369, D562, D2697, D3723, D2805, D711, D1210, D969, D1849, D522, D2243, D1729, D968, D2486, D1394, D1640, D2244, D3335, D3718, E1347, G154. d. Coverage is to be 320 ft. of 4 -inch line per gallon at 30 mils wet film thickness. Precautions: Both surface and ambient application temperatures shall be a minimum of 50°F. Temperature shall not drop below 50°F within a 24-hour period following application. The shelf life of the paint shall be a minimum of 12 months. Version 09/29/2021 Special Provisions - 9 e. The paint shall dry to a no tracking condition in no more than 6 minutes. The no tracking condition shall be determined by actual application on the pavement at a wet film thickness of 30 mils (750 Nm) or greater with white or yellow paint covered with glass beads at a rate of 7 Ib/gal. (0.7 kg/L). 2. Standard Pavement Marking Beads shall be in accordance with INDOT Specification Section 921. 3. Material must be provided in 55 -gallon drums. 4. Paint shall be Ennis -Flint Nigh Build Fast Dry Waterborne Traffic Paint or an approved equal. Specifications shall be submitted to both the Engineer and Manager of Traffic and Lighting for approval. XX. DIVISION F: SNOW REMOVAL MATERIALS B. Prevailing specifications/INDOT Standard Specification Section: None C. Additions: 1. This specification covers requirements for replaceable cutting-edge blades for motor graders and underbody truck scrapers. 2. Material: a. The cutting edges shall be formed from high carbon steel made by the open hearth, basic oxygen, or electric furnace process and shall have the following composition. b. The composition of steel shall be as follows: High Carbon Heat Treated Composition MagO%lo Comoition Min % MaxCarbon 7nOI Carbon 0.25 0.35 Man anese Man anese 0.75 1.20 Phos horous Phosphorous --- 0.05 Sulfur --- 0.05 Sulfur --- 0.05 Silicon --- 0.35 Silicon 0.10 0.40 Boron 0.0005 0.0085 c. The finished cutting edge shall have a Brinell hardness number, under a 3000 kilogram load, of not less than 250 nor more than 350 for high carbon blades, and not less than 400 nor more than 520 for heat treated blades. The Brinell hardness number will be determined by the current Method Test for Brinell Hardness of Metallic Materials, ASTM Designation E10. d. A chemical analysis of each melt of steel shall be made available by the manufacturer to determine the percentages of the elements specified. 3. The cutting edges shall be of the length specified on the request for quotation form and shall be double bevel, curved, 5/8 inch or 3/4 -inch -thick, and 6 inch or 8 inch wide after forming. The bevel shall be 1 inch in length and the cutting edge shall have a radius curvature of 7 1/2 inch to 10 inch. The finished blade section will be given a coat of rust resistant paint and shall be free of warpage and longitudinal deviation. The cutting edges for 5/8 -inch blades and 3/4 -inch blades shall be punched with 11/16 -inch square holes with countersink to receive 5/8 -inch diameter #3 plow bolt. Hole punching to be Version 09/29/2021 Special Provisions - 10 "standard highway punch" (end 2 holes on each end of the blade on 3 -inch centers, and the remaining holes 12 -inch spaced center to center across the middle of the blade) as per the diagram below. SPECIFIED ON REQUEST FOR 4. Beet Juice Concentrate shall be K -Tech Specialty Coatings BEET HEET or an approved equal. a. Beet Juice Concentrate shall be as follows: Specific Gravity 3" T 3- 1 INTERMEDIATE HOLES ON 12" CENTER -23.8°F 3" Solids Content by Weight �_... Tom.._. ---_.. _ _._..._._._._.. p_ ................... --------- ------------------------- I� r. 4. Beet Juice Concentrate shall be K -Tech Specialty Coatings BEET HEET or an approved equal. a. Beet Juice Concentrate shall be as follows: Specific Gravity 1.31 +/- 0.015 Freeze Point -23.8°F Weight/Gallon lbs 10.75 +/-,10 Solids Content by Weight 51% Non -Exothermic NaCl, KCI Choloride Content by Weight 6.4% Exothermic CaC12, M C12 Chloride Content by Weight 15,0% Sugar Content by Weight 15.1% b. Delivery cost shall be included in the unit cost for the Beet Juice Concentrate. XXI. MIWBE GOALS A. Prevailing Specifications: City of South Bend Ordinance No. 10761-21, Minority and Women Business Enterprise Inclusion Program Plan B. Additions: 1. No M/WBE Goals are required for this Project, but is strong encouraged. The City encourages Contractors to participate in good faith efforts from MWBEs for this project. Version 09/29/2021 Special Provisions - 11 � d CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name 2022 Street and Sewer Material Bid Project No. 122-028 For Bids Due March 22, 2022, 9:00 a.m., Local Time From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. NIA Proper bid security included. The bidder has the option of providing either a Certified Check or Bid Bond, NOT REQUIRED X Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding X Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and Certification of use of United States Steel Products or Foundry Products. Proof of MIWBE Utilization Plans [MBE -1.0 and WBE-1.0]. Also provide Evidence of Good X Faith Efforts Forms [MBE -2.0 and WBE-2.0] and MANBE Contacted Forms [MBE -2.1 and WBE-2.1]. NOT REQUIRED BU STRONGLY ENCOURAGED X Acknowledge Receipt of Addendum(s) included with the bid. X All required additional information is included with the bid. X Proposal statements and other affidavits all signed by the proper party with name either 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: Bit -Mat Products of Indiana By Authorized Representative: Signature: Print Name & Title: Date: 3/21/2022 Version 0912912021 Contractor's Bid for Public Works - 1 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2022 Street and Sewer Material Bid Project No. 122-028 For Bids Due March 22, 2022, 9:00 a.m., Local Time PART I (Must be completed for all bids. Please type or print) Date: 3/21/2022 Address: PO Box 428 Bidder (Firm): City/State/Zip: Ashley, IN 46705 Telephone Number: ( 260 ) 587-9113 Agent of Bidder (if Applicable): NA Pursuant to notices given, the undersigned public works project of: 2022 Street & Sewer Material Bid offers to furnish labor and/or material necessary to complete the the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Bit -Mat Products of Indiana and dated 3/21/2022 for the sum of (enter the Total Bid as shown on the Proposal) One Hundred Seventeen Thousand Five Hundred & 001100 (Enter sum of Division shown on Proposal) 117,500.00 (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be sh wn on a separate attachment. B Z JkLXZ (S' nature) The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member (Printed Name of Person Signing) ACCEPTANCE day of 20 Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa Heffner, Clerk Version 09/29/2021 Contractor's Bid for Public Works - 2 PART 11 (For projects of $100,000 or more — IC 36-1-124) 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 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 09/29/2021 Contractor's Bid for Public Works - 3 SNE. ATP _ 8; 4a CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 t2-13)! Form 96 (Revised 2013) rc Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year). 3/21/2022 1. Governmental Unit (Owner): City of South Bend 2. County: St J 3. Bidder (Firm): Bit -Mat Products of Indiana PO Box 428 City/StatelZlPcode: Ashley, IN 46705 4. Telephone Number: 260-587-9113 5. Agent of Bidder (if applicable): NIA Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City of South Bend (Governmental Unit) in accordance with plans and specifications prepared by City of South Bend and dated 3/21/2022 for the sum of One Hundred Seventeen Thousand, Five Hundred $ 117,500.00 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 (!f 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 (l.C. 5-16-8-2). 1 hereby certify that I and al[ 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. ACCEPTANCE The above bid is accepted this day of subject to the following conditions: Contracting Authority Members: PART 11 (For projects of $150, 000 or more —1C 36-1-12-4) Governmental Unit: City of South Bend Bidder (Firm) Bit -Mat Products of Indiana Date (month, day, year): 3/21/2022 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 1,219,996.00 Emulsion Supplier 2021 Berrien Co Rd Comm 744,617.00 Emulsion Supplier 2021 Elkhart Co Hwy Dept 981,315.00 Emulsion Supplier 2021 Benton Co Hwy Dept 247,462.00 Emulsion Supplier 2021 Pulaski Co Hwy Dept 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 none until beginning of 2022 season 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. Rieth-Riley Construction Inc Milestone Town of Orland Steel Dynamics Lakeland Asphalt 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.) Orders to be delivered upon request of material. 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. No subcontractors used. 3. 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. No subletting. 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. NA 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. Yes. Material pricing for the upcoming season has been established through quotes from vendors. 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 Ashl , Indiana this 21 st Bit -Mat Products of Indiana day of March , 2022 (Name of Organization) By iillllll!"!: of • Sign4) ACKNOWLEDGEMENT STATE OF Indiana Steuben ) ss COUNTY OF 1 Before me, a Notary Public, personally appeared the above-named John Baumgartner and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 21st day of March 2022 My Commission Expires: 11/1/2024 County of Residence: DeKalb 4mLj&�X&&L Notary Publ c IGmberly Smith Notary Public, State of Indiana SEAL toq";Zi i County of DeKalb My Commission Expires, j �Q �- Part of State Form 52414 (R212-13) / Form 96 (Revised 2013) Bit -Mat Products of Indiana PO Box 428 Ashley, IN 46705 IIf] ION (Contractor) PUBLIC WORKS PROJECTS OF Citv of South Bend Filed Action taken (Address) 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: Steuben 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: 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 09/29/2021 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. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder Version 09/2912021 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 21 st day of March , 20 22 Bit -Mat Products of Indiana Co c#orBidder (Firm) Si Lure of Contractor/Bidder WIN Agent John Baumgartner, General Manager Printed Name and Title Subscribed and sworn to before me this 21st day of , 20?9 My Commission Expires Nov 1, 2024 N tary Public i berly Smith 10mberly Smhh County of Residence Dekalb Hotwy Public, State of lndlana County of DeSEALKalb E My Commission Expires- 1�0 �.aq Version 09/29/2021 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana This bid will be awarded to the lowest responsible bidder for each line item or Division, dependent on the needs of the City of South Bend. The Contractor does not need to supply unit prices for all items in each Division to be eligible for award. DIVISION A - PCC MATERIALS Item No. Description Estimated Quantity Unit Unit Price A-1 Class A Concrete 2500 CY $ A-2 Class A High Early 800 CY $ A-3 7 Bag Mix 600 CY $ A-4 High Early Concrete w/ Integral Calor - Black 650 CY $ A-5 Flowable Fill, Removable 350 CY $ A-6 Non -Chloride Accelerator added to concrete — 0,5/0 325 EA CY $ A-7 Non -Chloride Accelerator added to concrete — 1 % 1000 EA CY $ A-8 Non -Chloride Accelerator added to concrete — 2% 2100 EA CY $ Version 09/29/2021 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project Number: 922-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana DIVISION B -AGGREGATE MATERIALS Item No. Description Estimated Quantity Unit Unit Price B-1 No. 23 Sand 5000 TON $ NJ B-2 No, 53 Gravel 1000 TON $ B-3 No. 53 Recycled Concrete 7500 TON $ B-4 No. 53 Slag 1000 TON $ B-5 Topsoil 500 CY $ 11 Sla\C. tone 1000 TON $ DIVISION C - SEWER MATERIALS - CASTINGS Item Estimated No. Description Quantity Unit Unit Price Manhole Cover and Frame: EJ 1040A, Neenah R- C -1 1642, or U.S. Foundry 206 Ring & TL Cover - 300 EA $ INDOT Type 4 (Circle One) No Bid C-2 Catch Basin Cover & Frame: EJ 1020-M1 or 300 EA $ Neenah R-1642 (Circle One) No Bid Version 09/29/2021 Contractor's Bid for Public Works - 8 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: DIVISION B -AGGREGATE MATERIALS Item No. Description Estimated Quantity Unit Unit Price B-1 No. 23 Sand 5000 TON $ B-2 No. 53 Gravel 1000 TON $ B-3 No. 53 Recycled Concrete 7500 TON $ B-4 No. 53 Slag 1000 TON $ B-5 Topsoil 500 CY $ B-6 No. 11 Slag Chip Stone 1000 TON $ DIVISION C - SEWER MATERIALS - CASTINGS Item Estimated No. Description Quantit Unit Unit Price Manhole Cover and Frame: EJ 1040A, Neenah R- �l C-1 1642 (Circle One) 300 EA $ C-2 Catch Basin Cover & Frame: EJ 1020-M1 or 300 EA $ Neenah R-1646 (Circle One) Version 09/29/2021 Contractor's Bid for Public Works - 8 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana DIVISION D - SEWER MATERIALS Item No. Description Estimated Quantity Unit Unit Price D-1 MH Riser 20 314" D — 1 "R — 718"L 40 EA $ D-2 MH Riser 20 314" D — 1 112"R — 718"L 40 EA $ D-3 MH Riser 20 314" D — 2"R — 718"L 20 EA $ D-4 MH Riser 20 314" D — 2 112"R — 718"L 10 EA $ D-5 MH Riser 21 314" D — 1 "R — 1 318"L 20 EA $ D-6 MH Riser 21 314" D — 1 112"R — 1 3181 30 EA $ D-7 MH Riser 21 314" D — 2"R — 1 318"L 30 EA $ D-8 MH Riser 22 118" D — 2"R — 1 114"L 20 EA $ D-9 MH Riser 22 118" D — 3"R — 1 114"L 5 EA $ D-10 MH Riser 22 114" D — 1 "R — 1 112"L 30 EA $ D-11 MH Riser 22 114" D — 1 112"R — 1 1121 30 EA $ Version 09/29/2021 Contractor's Bid for Public Works - 9 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana DIVISION D - SEWER MATERIALS - CONTINUED Item No. Description Estimated Quantit Unit Pri D-12 MH Riser 23" D — 1 "R — 1 3/41 30 EA $ 0-13 MH Riser 23" D — 1 112"R --1 314"L 20 EA $ D-14 MH Riser 23" D — 2"R —1 3/4"L 40 EA $ D-15 MH Riser 23 518" D — 1 112"R — 1 118"L 10 EA $ D-16 MH Riser 23 5I8" D — 2"R — 1 1/81 10 EA $ D-17 MH Riser 23 518" D — 1 "R — 1 1/21 20 EA $ D-18 MH Riser 23 518" D — 1 112"R — 1 112"L 25 EA $ D-19 MH Riser 23 518" D — 2"R — 1 112"L 20 EA $ D-20 MH Riser 23 518" D — 2 112"R — 1 112"L 20 EA $ Version 09/29/2021 Contractor's Bid for Public Works - 10 DIVISION E - TRAFFIC MATERIALS Item Estimated 1 J. Description BID/PROPOSAL Unit U rice CITY OF SOUTH BEND High Build Fast Dry Waterborne Traffic Marking Project Name: 2022 Street and Sewer Material Bid r Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time E-2 Contractor Name: Bit -Mat Products of Indiana GAL DIVISION E - TRAFFIC MATERIALS Item Estimated No. Description Quantity Unit U rice E-1 High Build Fast Dry Waterborne Traffic Marking 2200 GAL 1 14 $ Paint — White E-2 High Build Fast Dry Waterborne Traffic Marking 2200 GAL $ Paint — Yellow E-3 High Build Fast Dry Waterborne Traffic Marking 50 GAL $ Paint — Blue E-4 High Build Fast Dry Waterborne Traffic Marking Paint — Green 5D GAL $ E-5 Pavement Marking Beads, Standard 40000 LBS $ Version 0912912021 Contractor's Bid for Public Works - 11 DIVISION F - SNOW REMOVAL MATERIALS Item Estimated Anit No. Description BID/PROPOSAL Unit Price CITY OF SOUTH BEND Cured Double Bevel Carbon Steel Underbody Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time F-2 Contractor Name: Bit -Mat Products of Indiana A DIVISION F - SNOW REMOVAL MATERIALS Item Estimated Anit No. Description Quantit Unit Price F-1 Cured Double Bevel Carbon Steel Underbody 300 EFS Blade 5'L x 6" T x 518"Th F-2 Cured Single Bevel Carbon Steel Underbody 50 A $ Blade 5'L x 6"T x 314"Th Heat Treated — Hardened F-3 Cured Single Bevel Carbon Steel Underbody `� EA $ Blade 6'L x 6"T x 314"Th Heat Treated — Hardened F-4 Boss Power V Plow Blade 51" X 6" X/2" P 6 EA $ BAL08858 Passenger Side Edge F-5 Boss Power V Plow Blade 51" X 6" ' Y Part # BAL08859 Drivers Side Edge 6 EA $ F-6 8'6" Western MVP PI f b de Part # 44285- V 6 EA $ 1 F-7 Western Pro w Blades 90" L x 6"T x 112"Th 8 EA $ F-8 Lr Beet J e Concentrate 20,000 GAL $ Bidder (Firm): Address: City/State/Zip: Telephone Number: By (Signature) (Printed Name of Person Signing) Version 09129/2021 Contractor's Bid for Public Works - 12 BID/PROPOSAL CITY OF SOUTH BEND Project Name: 2022 Street and Sewer Material Bid Project dumber: 122-028 For Bids Due: March 22, 2022, 9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana DIVISION F - SNOW REMOVAL MATERIALS Item Estimated No. Description Quantity Unit Unit Price F-1 Curved Double Bevel Carbon Steel Underbody Blade 51 x 6"T x 5/8"Th 300 EA $ No Bid F-2 Curved Single Bevel Carbon Steel Underbody Blade 51 x 6"T x 3/4"Th Heat Treated — Hardened 50 EA $ No Bid F-3 Curved Single Bevel Carbon Steel Underbody 5D EA $ No Bid Blade 6'L x 6"T x 3/4"Th Heat Treated — Hardened F-4 Boss Power V Plow Blade 51" X 6" X'/2" Part # 6 EA $ BAL08858 Passenger Side Edge No Bid F-5 Boss Power V Plow Blade 51" X 6" X'/z" Part # 6 EA $ BAL08859 Drivers Side Edge No Bid F-6 8'6" Western MVP Plus Plow Blade Part # 44285- 6 EA $ No Bid 1 F-7 Western Pro Plus Plow Blades 90"L x 6"T x 1 /2"Th 8 EA $ No Bid F-8 Beet Juice Concentrate * 20,000 GAL $ No Bid "Beet Heet Concentrate Version 09/29/2021 Contractor's Bid for Public Works - 12 U! BID/PROPOSAL CITY OF SOUTH BEND \ �r Project Name: 2022 Street and Sewer Material Bid Project Number: 122-028 For Bids Due: March 22, 2022,9:00 a.m., Local Time Contractor Name: Bit -Mat Products of Indiana DIVISION G - Strut Matprialc Item No. Description Quantity Unit Unit Price G-1 AE -T Tack ` 25,000 GAL $ 2.40 G-2 RS -2 25,000 GAL $ 2.30 "Also Known As - AE -NT Bidder (Firm): Bit -Mai• Products of Indiana Address: PO Box 428 City/State/Zip: _Ashley, IN 46705 Telephone Number: ( 260 ) 587-9113 B (Signature) John Baumgartner, General Mana (Printed Name of Person Signing) Version 09/2912021 Contractor's Bid for Public Works - 13 _,ii of pF ; CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN J 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: Bidder: 122-028 Project Name: 2022 Street & Sewer Material Bid Total Bid Amount: MBE Goal: NIA Page of Name & Address of MSE Primary Contact Person (Namelielephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBE Component Percentage of Total Bid/Proposal Submitted by: Print Name Signature Version 09/29/2021 Contractor's Bid for Public Works -13 Date -_0.ff RF CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 xc 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: Bidder: 122-028 Project Name 2022 Street & Sewer Material Bid Total Bid Amount: WBE Goal NIA Page of Name & Address of WBE Primary Contact Person (NamelTelephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of WBE Component Percentage of Total Bid/Proposal Submitted by: Print Name Signature Version 09/2912021 Contractor's Bid for Public Works - 14 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN „ �r 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. NOT REQUIRED BUT STRONGLY ENCOURAGED Project Number: 122-028 Project Name: 2022 Street & Sewer Material Bid Bidder: Contact Person: Address: City: State: Email: REQUIRE ALL of the fellowing GeGd Faith EffeFts as listed in the table Date: Telephone: Zip: Version 09/2912021 Contractor's Bid for Public Works - 15 EVIDENCE OF GOOD FAITH EFFORTS MBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan; 2) the list of certified MWBEs provided by the City; and 3) the Indiana Department of Administration list of Minority and Women Owned Businesses (both certified and non -certified) found at: http://www.in.gov/idoa/, GOOD FAITH EFFORTS TO OBTAIN MBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain MBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. I affirm that l performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for MBEs to participate effectively. I affirm that I followed up on initial solicitations with interested MBEs. I affirm that I negotiated with interested MBEs in good faith, including providing such MBEs with adequate information about the plans, specifications and other requirements of the subcontract. I affirm that I have made good faith efforts to assist interested MBEs in obtaining bonding, fines of credit, or insurance as required by the City or the bidder, where appropriate. Version 09/2912021 Contractor's Bid for Public Works - 15 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE -2.0 EVIDENCE OF GOOD FAITH EFFORTS r Cr J l8G5 y Version 09/2912021 Contractor's Bid for Public Works - 16 I affirm that I have made good faith efforts to assist interested MBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. I affirm that I did not reject any MBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE was unqualified to perform the job. Version 09/2912021 Contractor's Bid for Public Works - 16 CITY OF SOUTH BEND fx, MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN r,; x� 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. NOT REQUIRED BUT STRONGLY ENCOURAGED Project Number: 122-028 Project Name: 2022 Street & Sewer Material Bid Bidder: Contact Person: Address: City: State: Date: Telephone: Zip: Email: Te deteFFAOAP. WhAthAF Set forth ... ­ a bidder has deMGRstrated good faith e#�s to readh the �AQE= UtiliZatk)R goals R REQUIRE Al=l= .,f the f0IIGWiRg Good Faith Efforts as listed i., the table bele,..+. Version 09/29/2021 Contractor's Bid for Public Works - 17 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/jdoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.g2v/idoa). affirm that I have made good faith efforts to select portions of the contract work to be performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all WBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to inform WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation andlor trade association publications concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. I affirm that I followed up on initial solicitations with interested WBEs. I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs with adequate information about the plans, specifications and other requirements of the subcontract. Version 09/29/2021 Contractor's Bid for Public Works - 17 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS Version 09/29/2021 Contractor's Bid for Public Works - 18 I affirm that I have made good faith efforts to assist interested WBEs in obtaining bonding, lines of credit, or insurance as required by the City or the bidder, where appropriate. I affirm that I have made good faith efforts to assist interested WBEs in obtaining necessary equipment, supplies, materials, or related assistances or services, where appropriate. affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. Version 09/29/2021 Contractor's Bid for Public Works - 18 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN s FORM MBE -2.1 too 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 OF Project Number: 122-028 MBE Participation Goal NIA Project Name: Bidder: By: 2022 Street & Sewer Material Bid (Signature) (Title) (Date) MBE Firm Owner or Contact at MBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE FIRM: MBE Firm Owner or Contact at MBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE MBE FIRM: Version 09/2912021 Contractor's Bid for Public Works -19 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 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. Project Number Project Name: Bidder: By: (Signature) 122-028 2022 Street & Sewer Material Bid (Title) PAGE OF WBE Participation Goal NIA WBE Firm Owner or Contact at WBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM: WBE Firm Owner or Contact at WBE Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE WBE FIRM: Version 09/29/2021 Contractor's Bid for Public Works - 20 (Date) 1316 COUNTY -CITY BUJI-DING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Date: To: From Subject Project Name: Project No.: PHONE 5741235-9251 FAX 5741235-9171 TDD 5741235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 9, 2022 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 1 2022 Street and Sewer Material Bid 122-028 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 3 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: Z)a - 1 Authorized Signature: Date: 3/17/2022 5�cG&na,, 2022 Street and Sewer Material Bid 122-028 Addendum No.1 Date: March 9, 2022 To: All Planholders From: Scott Kreeger, Project Manager You must acknowledge a receipt of this addendum by signing the first page and returning a copy with your bid. The following information is to be changed/added to the contract documents: PART 1 — SPECIFICATIONS SPECIAL PROVISIONS Section XIV: Asphalt Materials U 03i XXI. DIVISION G: STREET MATERIALS A. Prevailing specifications/INDOT Standard Specification Section: 404, 406, 408 B. Additions: 1. The requirements for AE -T Tack are as follows: Sa bolt-Furol Viscosity, 25°C, s Max 100 Residue from Res. By Dist. % Min 54 Max 62 Portion, from Res. By Dist. ml Oil per 100. EmuI., Min 4.0 Demulsibility, % Min 75 Sieve Test % Max 0.10 Res. By Dist. Float Test 1200 Penetration 50-200 Solubility in Org. Solv., % Min. 97.5 Ductility, 25°C, mm Min 400 2. The requirements for RS -2 are as follows: Sa bolt-Furol Viscosi , 25°C, s 75-400 Residue from Res. by Dist. % Min 68 Portion, from Res. by Dist. ml Oil per 100. Emul. Max 4.0 Settlement, 5 days % Max 5 Demulsibility, % Min 50 Sieve Test % Max 0.10 Penetration 100-200 Solubility in Org. Solv., % Min 97.5 Ductility, 25°C, mm Min 400 3. Delivery cost shall be included in the unit cost for each of the line items within this Division. PART 2 — CONTRACTORS BID FOR PUBLIC WORKS 1. Attached bid/proposal pages replace the original pages. ATTACHMENTS: 1. Contractor's Bid for Public Works pages 12 & 13. You must acknowledge receipt of this addendum by signing the first page and include it with your bid. - This addendum consists of a total 5 pages - 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Date: To: From Subject Project Name: Project No.: PHONE 574/235-9251 FAX 574/235-9171 TDD 574/ 235-5567 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 18, 2022 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 2 2022 Street and Sewer Material Bid 122-028 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 31 SL I I a► a 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: ' V J Authorized Signa Date: /a., I 2022 Street and Sewer Material Bid 122-028 Addendum No. 2 Date: March 18, 2022 To: All PIanholders From: Scott Kreeger, Project Manager You must acknowledge a receipt of this addendum by signing the first page and returning a copy with your bid. The following information is to be changed/added to the contract documents: PART I — SPECIFICATIONS SPECIAL PROVISIONS Section XIV: Asphalt Materials REVISE: X. DIVISION C: SEWER MATERIALS -CASTINGS A. Prevailing specifications/INDOT Standard Specification Section: 908, 907, 910 B. Additions: 1. The manhole 1040A cover and frame shall be the following: a. Cover: East Jordan Iron Works manhole cover 1040A, Neenah R-1642, Eaundr-y 206 Ring & Th Cover- 1ND0T- Type 4 -or approved equal. (i) Manhole covers must be labeled "City of South Bend" with "Storm" or "Sanitary" b. Frame: East Jordan Iron Works manhole frame 1045, Neenah R-1642, tom& or approved equal. 2. The catch basin cover and frame shall be the following: a. Cover: East Jordan Iron Works catch basin cover (grate) 1020-M1, Neenah R- 4370 -17-D or approved equal b. Frame: East Jordan Iron Works manhole frame 2996, Neenah R-1646, or approved equal PART 2 — CONTRACTORS BID FOR PUBLIC WORKS 1. Revision Line -Item C-1 to remove U.S. Foundry 206- Ring & TL Cover-1NDOT Type 4 U.S. Foundry equivalent may be approved upon Engineer's review. 2. Revise Line -Item C-2 to reflect Neenah change to R-1646. Attached bid/proposal pages replace the original pages. ATTACHMENTS: 1. Contractor's Bid for Public Works pages 8. You must acknowledge receipt of this addendum by signing the first page and include it with your bid. - This addendum consists of a total 4 pages -