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HomeMy WebLinkAboutOpening of Bids - 2022 Contractor Paving, Round II Proj No. 122-032 - Milestone Contractors North, Inc.CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2022 Contractor Paving Round 2 Project No. 122-032 For Bids Due June 28, 2022 at 9:00am Local Time to bpwbids@southbendin.gov PART I (Must be completed for all bids. Please type or print) Date: 6/28/2022 Bidder (Firm): Milestone Contractors North, Inc. Address: 24358 SR 23 City/State/Zip: South Bend. IN 46614 Telephone Number: ( 574 ) 288-4811 Agent of Bidder (if Applicable): _ Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Department of Public Works - City of South Bend. IN and dated 5/25/2022 for the sum of (enter the Total Bid as shown on the Proposal) Two million five hundred twenty six thousand dollars_ and zero cents _ [� 2,526,000.00 (Enter sum of Total Base Bid shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be speci Ily referenced at the applicable page. If additional units of material included in the contract are Pr6eded, the cost of units must be the same as that shown in the original contract if accepted by ity of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall b h n c." separate attachment. By The above bid is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member ACCEPTANCE day of (Signature) (Printed Name of Person Signing) 20 Joseph R. Molnar, Vice President Jordan V. Gathers, Member Murray L. Miller, Member Attest: Theresa Heffner, Clerk Version 09/29/2021 Contractor's Bid for Public Works - 2 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK RESPONSIBLE BIDDER CHECKLIST Project Name 2022 Contractor Paving Round 2 Project No. 122-032 For Bids Due June 28, 2022 at 9:00am Local Time to bpwbids@southbendin.gov Contractor Name: Milestone Contractors North. Inc. The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works projects by institution of comprehensive submission requirements in compliance with State law. Quality workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet certain minimum requirements to be responsive and responsible bidders. THIS FORM MUST BE SUBMITTED WITH YOUR BID. INSTRUCTIONS: If you are a pre -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section II only. Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre- qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months. Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre- qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 31st for the upcoming calendar year, or within twelve (12) months of obtaining pre- qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal of the designation, effective January 1 of the following year, or immediately following the twelve (12) months of pre -qualified standing. However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status is re-established. Please Note: The City reserves the right to request supplemental information from the bidder, additional verification of any information provided by the bidder, and may also conduct random inquiries of the bidder's current and previous customers regardless of pre -qualified standing. It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid opening. Version 10/13/2021 General Conditions - 10 POST BID SUBMISSIONS: Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding Ordinance. The post -bid submission requirements are as follows: 1 All bidders shall collect, maintain, and provide upon request, a current written list that discloses the name, address, licensing status, and type of work for any subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors. 2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the Responsible Bidder Ordinance as though it were bidding directly to the City, except that the subcontractor shall submit the required information (including the name, address, and type of work) to the successful bidder prior to the commencement of work. 3. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payment otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. 4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the name, address, licensing status, and type of work of the substitute subcontractor. 5. The successful bidder and all subcontractors on a public works project are required to submit certified payroll utilizing the federal form known as WH -347 or a similar form on a bi-weekly basis, submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall identify the job title and craft for each employee. Certified payrolls shall be submitted electronically. Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in the automatic disqualification of the bid. The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirements, determine whether a bidder is responsive and responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to utilize all information provided in the contractor's submission and any information obtained by the City through its own independent verification of the information provided by the contractor. Version 10/13/2021 General Conditions - 11 PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) X By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that I have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. (ii) X By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments: (i) X Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) X Statement on staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work. It outlines how I intend to meet the staffing needs of the work. (iii) X List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within the last three (3) years. (iv) X For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. Version 10/13/2021 General Conditions - 12 PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) Acknowledgements: (i) _ By checking this box, I hereby acknowledge that I am not a pre -qualified bidder with the City of South Bend. (ii) _ By checking this box, I hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided, and may also conduct random inquiries of my current and prior customers. The City reserved the right to utilize all information provided in this submission and all information obtained in inquiries or requests to determine if a bidder is responsive and responsible. Additionally, I acknowledge that all information provided to the City shall be regarded as public records. (iii) _ By checking this box, I hereby acknowledge that copies of all Applicable apprenticeship certificates or standards for training programs applicable to the work performed on the project may be requested at any time and shall be furnished upon request. (iv) _ By checking this box, I hereby acknowledge and ensure that I and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work on the public work project, are properly licensed. Furthermore, I acknowledge my understanding that it is my responsibility to ensure that all sub- contractors have the necessary licenses to undertake the work called for in this bid. If a sub -contractor loses their license at any point, it is the responsibility of that sub -contractor to notify the City. (b) Attachments: (i) _ Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). (ii) _ List identifying all former business names. (iii) _ Any determinations by a court or governmental agency any violations of federal state, or local laws including, but not limited to, violations of contracting or antitrust laws, tax or licensing laws, environmental laws, Occupational Safety and Health Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5) years. (iv) _ Statement about staffing capabilities, including labor sources. This statement indicates and ensures I have sufficient employees on staff to complete the work I am bidding on OR outlines how I intend to meet the staffing needs of the work. (v) _ Statement that individuals who will perform work on the public work project on my behalf will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (vi) _ For every project, submit evidence of participation in apprenticeship and training programs, applicable to the work to be performed on the project, which are approved by and registered with the United States Department of Labor's Office of Apprenticeship, or its successor organization. (vii) _ Copy of a written plan for employee drug testing that covers all of my employees who will perform work on the public work project and meets or exceeds the requirements set forth in IC 4-13-18-5 or IC 4-13-18-6. (viii) _ Evidence that I am utilizing a surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications or contract. Version 10/13/2021 General Conditions - 13 (ix) _ Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) _ List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Milestone Contractors North. Inc. (Name of Company) 24358 SR 23 (Address of Company) South Bend (City) Indiana (State) 574-288-4811 (Telephone Number) Version 10/13/2021 General Conditions - 14 •.1 I CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK CHECKLIST FOR BIDDERS Project Name 2022 Contractor Paving Round 2 Project No. 122-032 For Bids Due June 28, 2022 at 9:00am Local Time to bpwbids@southbendin.gov From time to time the South Bend Board of Public Works finds it necessary to reject a bid because it does not comply with statutory requirements. In preparing your bid, please use the following checklist in order to make sure that your bid is done in the proper manner. Proper bid security included. The bidder has the option of providing either a Certified Check X or Bid Bond. Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely X executed. Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and X Certification of use of United States Steel Products or Foundry Products. Proof of MA BE Utilization Plans [MBE -1.0 and WBE-1.0]. Also provide Evidence of Good Faith Efforts Forms [MBE -2.0 and WBE-2.0] and M/WBE Contacted Forms [MBE -2.1 and X WBE-2.1]. X Acknowledge Receipt of 1 Addendum(s) included with the bid. X All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either X printed or typed underneath signature. X This checklist submitted with the Bid. This checklist is provided for bidder's use in assuring compliance with required documentation; however, it does not include all specifications requirements and does not relieve the bidder of the need to read an comply with the specifications. Bidder: Milestone Contractors Kook. Inc. Date: 6/28/2022 By Authorized R Signature: Print Name & Ti of Estimating Version 09/29/2021 Contractor's Bid for Public Works - 1 PART II (For projects of $100,000 or more — IC 36-1-12-4) These statements to be submitted under oath by each bidder with and as part of his/her/its bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE 1. Attach information regarding projects your organization has completed for the period of one (1) year prior to the date of the current bid. 2. Attach a listing of public works projects currently in process of construction by your organization. 3. Attach information regarding any failure to complete any work awarded to you and the location thereof. 4. Attach references from private firms for which you have performed work. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 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 When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON- DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: St. Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Version 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. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. Version 09/29/2021 Contractor's Bid for Public Works - 5 I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 28th day of June , 2o22 -'%�`ontracrt o�s4%, r °: �pRPORgTF ' SEAL Ole, .,bNbl .. N11; Subscribed and sworn to before me this 28th My Commission Expires 6/5/2030 County of Residence M North. Inc. of Contractor/Bidder or Its Agent Dustin P. Hilary, Director of Estimating Printed Name and Title day of June , 20 22 No ub is Alish rueger LaPorte Version 09/29/2021 Contractor's Bid for Public Works - 6 P;�BIj ALISHA KRUEGER Ny Commission Expires �?0'C�:: N; SEAL *= June 5, 2030Cgnmtssbn Number NP0653544 !_ `':• La Porte County Version 09/29/2021 Contractor's Bid for Public Works - 6 PROJECT NAME: PROJECT NO. FOR BIDS DUE: CONTRACTOR NAME: BID/PROPOSAL CITY OF SOUTH BEND BASE BID 2022 Contractor Paving Round 2 122-032 June 28, 2022, 9:00am, Local Time Milestone Contractors North, Inc. Item No. Line Item Quantity Unit Unit Price Cost 1 Maintenance of Traffic 1 LS 80,000.00 $80,000.00 2 Mobilization and Demobilization 1 LS 16,119.00 $16,119.00 3 Milling, 2" 2960 SY 5.60 $16,576.00 4 Milling, 3" 45114 SY 5.40 $243,615.60 5 HMA Surface, 9.5 mm —Type B 5120 TONS 123.00 $629,760.00 6 HMA Intermediate, 12.5mm - Type B 3720 TONS 110.00 $409,200.00 7 HMA for Patching 160 TONS 250.00 $40,000.00 8 Tack Coat 20 TONS 600.00 $12,000.00 9 Joint Adhesive, Surface 20435 LF 1.40 $28,609.00 10 Adjust Manhole to Grade 14 EA 2,600.00 $36,400.00 11 Adjust Water Valve Structure to Grade 5 EA 170.00 $850.00 12 Adjust Inlet to Grade 10 EA 2,030.00 $20,300.00 Version 09/29/2021 Contractor's Bid for Public Works - 7 BID/PROPOSAL CITY OF SOUTH BEND PROJECT NAME: 2022 Contractor Paving Round 2 PROJECT NO. 122-032 FOR BIDS DUE: June 28, 2022, 9:00am, Local Time CONTRACTOR NAME: Milestone Contractors North, Inc. BASE BID CONTINUED Item No. Line Item Quantity Unit Unit Price Cost 13 Line, Thermoplastic, Solid, White, 6" 198 LF 2.55 $504.90 14 Transverse Marking, Thermoplastic, Solid, White, 24" 46 LF 10.55 $485.30 15 Concrete Curb Ramp, Removal 1461 SY 180.00 $262,980.00 16 Concrete Curb Ramp, Installation 1461 SY 340.00 $496,740.00 17 Concrete Curb, Replacement 602 LF 160.00 $96,320.00 18 Concrete Curb, Replacement (Undistributed) 500 LF 160.00 $80,000.00 19 Concrete Header, 6"w x 12"d 35 LF 395.00 $13,825.00 20 Milling, 1.5" 13036 SY 3.20 $41,715.20 BASE BID TOTAL $2,526,000.00 Bidder(Firm): Address: City/State/Zip Telephone Number: Milestone Contractors North, Inc. 24358 SR 23 South Bend,IN 46614 574-288-4811 By �T (Signature) Dustin Hilary, Director of Estimating (Printed Name of Person Signing) Version 09/29/2021 Contractor's Bid for Public Works - 8 O4�pi.;T18F �d 1316 COUNTY -CITY BUILDING All rt PHONE 227 W. JEFFERSON BOULEVARD (� to,. FAx SouTH BEND, INDIANA 46601-1830 f w °xAC19 + .' TDD 1865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: To: From Subject June 24, 2022 All Planholders Theresa Heffner, Clerk, Board of Public Works Addendum Number: 1 Project Name: 2022 Contractor Paving Round 2 Project No.: 122-032 574/235-9251 574/235-9171 574/235-5567 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 6/24/2022 This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 235-9171 within 48 hours of receipt. A copy MUST also be included with your bid package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: Milestone Contj&tors North, Inc. Authorized Signature: ilary, Director of Estimating Date: CITY OF SOUTH BENDS MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN 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: 122-032 _ _ Project Name: 2022 Contractor Paving Round 2 Bidder: Milestone Contractors North, Inc. Total Bid Amount: $2.526.000.00 MBE Goal: 4.11% Page 1 of 1 Primary Contact Person Scope of Work to be Performed Dollar Amount of MBE Percentage Name & Address of MBE (Name/Telephone) (Attach scope/schedule if you need additional space) Component of Total Bid/Proposal i 1st Class Logistics, Inc. Bernard Coutee Hauling $25,000.00 0.99% 2213 St. Charles Avenue 574-993-0071 South Bend, IN 46614 Kennedy Expresline, Inc. Marcus D. Northern, Sr. Hauling 4324 Ashard Drive 574-876-8881 $15,000.00 0.59% South Bend, IN 46628 Submitted by: Dustin P. Hilary, Director of Esti Print Name Version 09/29/2021 Contractor's Bid for Public Works - 9 6/28/2022 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Project Number: 122-032 Project Name: 2022 Contractor Paving Round 2 _ Bidder: Milestone Contractors North, Inc. Total Bid Amount: $2,526,000.00 WBE Goal: 5.84% Page 1 of 2 Name &Address of WBE Primary Contact Person Scope of Work to be Performed Dollar Amount of WBE Percentage of Total (Name/Telephone) (Attach scope/schedule if you need additional space) Component Bid/Proposal C.E. Hughes Milling, Inc. 3113 Holmans Lane Jeffersonville, IN 47130 Slusser's Green Thumb, Inc. 125 Montgomery Street Logansport, IN 46947 Caroline Hughes 812-725-8665 i Asphalt Milling John Williamson! Sod 574-722-3102 I B.U.C. Construction Supply, Inc. Teresa Butler 2304 Brothers Drive Ste E. 765-412-3484 Lafayette, IN 47909 Traffic Control Specialists, Inc. Brian Triska 1810 W. Pacific Avenue 574-772-7001 Knox, IN 46534 Submitted by: Dustin P. H Print Name Director of Esti F_1�J_`f1C� Pavement Markings S Version 09/29/2021 Contractor's Bid for Public Works - 10 $28,000.00 1.11 i $29,600.00 1.17% $25,000.00 1 1.00% $3.900.00 1 0.15% 6/28/2022 Date CITY OF SOUTH BEND + MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 � WBE UTILIZATION PLAN This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving WBE participation. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Project Number: 122-032 Project Name: 2022 Contractor Paving Round 2 Bidder: Milestone Contractors North, Inc. Total Bid Amount: $2,526,000.00 Name & Address of WBE State Barricading, Inc. 24963 US 20 W. South Bend, IN Shosone Trucking, LLC 3115 W. 300 S. Peru, IN 46970 Primary Contact Person (Name/Telephone) James Michalski 574-287-2078 Scope of Work to be Performed (Attach scope/schedule if you need additional space) Traffic Control Devices Rochelle Bowyer Hauling 765-689-8900 Submitted by: Dustin P. Hilary, Director of Estim_atin Print Name gnature Version 09/29/2021 Contractor's Bid for Public Works - 10 WBE Goal: 5.84% Page 2 of 2 Dollar Amount of WBE Percentage Component of Total $14,000.00 1 0.55% $15,000.00 I 0.59% 6/28/2022 Date CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN T. 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 MBE participation. Project Number: Project Name: Bidder: Contact Person: Address: City: 122-032 2022 Contractor Paving Round 2 Milestone Contractors North, Inc. Ed Pilipow 24358 SR 23 South Bend state: Indiana Date: 6/28/2022 Telephone: 574-288-4811 Zip: 46614 Email: er)ilippy@_milestonelp.com To determine whether a bidder has demonstrated good faith efforts to reach the MBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: EVIDENCE OF GOOD FAITH EFFORTS MBE LIST(S): The bidder reviewed 1) the City of South Bend's Minority and Women BusinesJ 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: hftp://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 A4certified list of Indiana Minority and Women Business Enterprises, found on their website QUI(hftp://www.in.gov/idoa). I affirm that I have made good faith efforts to select portions of the contract work to be l� performed by MWBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate MBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all MBEs in the scopes of work of the contract. I affirm that I attended all pre-bid meetings scheduled by the City of South Bend to 1 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 90 such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and -� allowed sufficient time for 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, lines of credit, or insurance as required by the City or the bidder, where appropriate. Version 09/29/2021 Contractor's Bid for Public Works - 11 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 x EVIDENCE OF GOOD FAITH EFFORTS ` 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. 4(1-I 1 affirm that I did not reject any MBEs as unqualified without sound business reasons 1 based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each MBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MBE was unqualified to perform the job. *Proper demonstration of Good Faith Efforts requires your initials next to all of the above boxes. Any omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of South Bend reserves the right to request additional information. Version 09/29/2021 Contractor's Bid for Public Works - 12 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN, k FORM MBE-2.1�' MBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact MBEs. It is the bidder's sole responsibility to verify whether any listed minority-owned business meets the MBE qualifications. Attach additional pages if necessary. PAGE 1 OF Project Number: 122-032 MBE Participation Goal 4.11 % Project Name: 0 Contractor Paving Round 2 Bidder: ile ne Contractors North Inc. By: Director of Estimatin 6/28/2022 (S)n re Dustin P. Hilary (Title) (Date) ::eor 1st Class Logistics, Inc. ontact at MBE Firm Bernard Coutee Telephone: 574-993-0071 Fax: Email: lstclasslogistics20l3@gmail.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Hauler RESULTS OF CONTACT WITH THE MBE FIRM: If awarded the proejct, we will enter into a Hauling Lease Agreement with 1st Class Logistics, Inc. However, due to current demand for haulers and minority haulers, we cannot commit to hauling dollars. MBE Firm Kennedy Expressline, Inc. Owner or Contact at MBE Firm Marcus D. Northern, Sr. Telephone: 574-876-8881 Fax: Email: kennedyexpressline@,yahoo.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Hauling RESULTS OF CONTACT WITH THE MBE FIRM: If awarded the proejct, we will enter into a Hauling Lease Agreement with Kennedy Expressline, Inc. However, due to current demand for haulers and minority haulers, we cannot commit to hauling dollars. Version 09/29/2021 Contractor's Bid for Public Works - 13 CITY OF SOUTH BEND'1` MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLANS ' FORM MBE -2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE 1 OF 3 Project Number: 122-032 WBE Participation Goal 5.84% Project Name: 2022 Contractor Paving Round 2 Bidder: /rMilest6ne Contractors North. Inc. By: Y Director of Estimating 6/28/2022 (g re) Dustin P. Hilary (Title) (Date) Vner "'C.E. Hughes Millin Inc. or Contact at WBE Firm Caroline Hughes Telephone: 574-223-5817 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT Asphalt Milling RESULTS OF CONTACT WITH THE WBE FIRM: Email caroline@hughesmiIling.com If awarded the project, we'll enter into a subcontract with C.E. Hughes Milling, Inc. WBE Firm Slusser's Green Thumb, Inc. Owner or Contact at WBE Firm John Williamson Telephone: 574-722-3102 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: Sod RESULTS OF CONTACT WITH THE WBE FIRM: Email: idw slussers.com If awarded the project, we'll enter into a subcontract with Slusser's Green Thumb, Inc. Version 09/29/2021 Contractor's Bid for Public Works - 14 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN W FORM MBE -2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE 2 OF 3 Project Number: 122-032 WBE Participation Goal 5.84% Project Name: 200 Contractor Bidder: X Illi ig Round 2 rs North, Inc. By: Z/.. Director of Estimating 6/28/2022 (Si6nv6re)" Dustin P. Hilary (Title) (Date) WBE4rin B.U.C. Construction Supply, Inc. Ov,mer or Contact at WBE Firm Teresa Butler Telephone: 765-412-3484 Fax: TYPE OF WORK SOLICITED FOR THIS PROJECT: ADA Tiles RESULTS OF CONTACT WITH THE WBE FIRM: Email: tc(Mbucconstructionsupply.com If awarded the project, we'll enter into a Purchase Order with BUC Construction Supply, Inc. WBE Firm Traffic Control Specialists, Inc. Owner or Contact at WBE Firm Brian Triska Telephone: 574-772-7001 Fax: Email: estimating c@tcs ecliast.net TYPE OF WORK SOLICITED FOR THIS PROJECT: Pavement Markings RESULTS OF CONTACT WITH THE WBE FIRM: If awarded the pro'ect, we'll enter into a subcontract with Traffic Control Specialists, Inc. Version 09/29/2021 Contractor's Bid for Public Works - 14 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN Y1 FORM MBE -2.1 WBE CONTACTED This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects requiring Good Faith Efforts to contact WBEs. It is the bidder's sole responsibility to verify whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE 3 OF 3 Project Number: 122-M WBE Participation Goal 5.84% Project Name: Bidder: By: Round 2 North, Inc. stin P. Hilary (Title) WBE )rm/ State Barricading, Inc. Owner or Contact at WBE Firm James Michalski Telephone: 574-287-2078 Fax: 574-287-1744 TYPE OF WORK SOLICITED FOR THIS PROJECT 6/28/2022 (Date) Email: statebarricadel@aol.com Traffic Control Devices RESULTS OF CONTACT WITH THE WBE FIRM: If awarded the project, we'll enter into a subcontract with State Barricading, Inc. WBE Firm Shoshone Trucking, LLC Owner or Contact at WBE Firm Rochelle Bowyer Telephone: 765-689-8900 Fax: 765-689-8903 Email: rochelle@shoshonetruckinp.com TYPE OF WORK SOLICITED FOR THIS PROJECT: Hauler RESULTS OF CONTACT WITH THE WBE FIRM: If awarded the project, we'll enter into a Hauling Agreement with Shoshone Trucking, LLC. Version 09/29/2021 Contractor's Bid for Public Works - 14 Bid Bond CONTRACTOR: (Name, legal status and address) Milestone Contractors North, Inc. 24358 State Road 23 South Bend, IN 46614 OWNER: (Name, legal status and address) City of South Bend 227 W. Jefferson Blvd. South Bend, IN 46601 CNASURETY Bond No. Bid Bond SURETY: Continental Casualty Company (Name, legal status and principal place of business) 151 N. Franklin Street 17th Floor Chicago, IL 60606 BOND AMOUNT: 5% Five Percent of the Base Bid Plus Any Alternates PROJECT: (Name, location or address, and Project number, if any) 2022 Contractor Paving Round 2; Project No. 122-032 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specked in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the P ;off l any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefroRA0actor 1!1-le conforming to such statutory or other legal requirement shall be deemed incorporated herein. WhAz4ii t;B.• S� ;Lo'i��i furnished the intent is that this Bond shall be construed as a statutorybond and not as a common law bond w i `o�p o R A re Signed and sealed this 28th day of June 2022 Milestone Contra rs Noh, Inc. : �•'•. SEA (Principal) ` o��� •. �`````� (Witn A isha Krueger g : !f (Till u fn . Hilary, Director of Estimatin Co tinfErntal Casualty Compa y._, pIRP rr, (Wit ss) Josie McKinley 0,5 (Title) Ang a M. Riley, Attorney -in - Printed in cooperation with the American Institute of Architects (AIA). v The language in this document conforms to the language used in AIA Document A310 - Bid Bond - 2010 Edition. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called `the CNA Companies'), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Angela M. Riley, Individually of,lndianapolis, IN , their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety Bond No: Bid Bond Principal: Milestone Contractors North, Inc. obligee: City of South Bend and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 16th day of June, 2021. 01897 ttlStrR rsror iULY 11, , . tsa NA • Continental Casualty Company National Fire Insurance Company of Hartford American C lty Company of Re ing, Pennsylvania Paul T. Bruflat Ace President State of South Dakota, County of Minnehaha, ss: On this 16th day of June, 2021, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. �......-M. BENT .,..., �woti�ar �� tourH oNom► AKN -------- ....... My Commission Expires March 2, 2026 M. Bent Notary Public CERTIFICATE 1, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 28th day of June, 2022. •n. �CGtt' n*�*'N.4; OJi SEAL 2on Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania 78Y D. Johnson Assistant Secretary Forts 685,-4/2012 1 ° Go to www:cstasixa m> Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. to Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company ata meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 2511 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers" )to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"), Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")o execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Prescribed by State Board of Accounts PART I (To be completed for all bids. Please type or print) 1. Governmental Unit (Owner) 2. County: St. Date (month, day, year): June 28th, 2022 of South Bend. Indiana 3. Bidder (Firm): Milestone Contractors North, Inc. Address: 24358 SR 23 City/State/ZlPcode: South Bend, IN 46614 4. Telephone Number: (574) 288-4811 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of _ 2022 Contractor Paving Round 2 (Governmental Unit) in accordance with plans and specifications prepared by Department of Public Works - Citv of South Bend. Indiana See Attached and dated 5/25/2022 for the sum of See Attached The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. The above bid is accepted this following conditions: Contracting Authority Members: ACCEPTANCE day of PART II (For projects of $150,000 or more — IC 36-1-12-4) _, __ _, subject to the Governmental Unit: City of South Bend, Indiana Bidder (Firm) Milestone Contractors North, Inc. Date (month, day, year): June 28th, 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 1. 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 10,422,417.00 Resurface November 2021 INDOT 6,800,827.00 Resurface November 2021 Lake County Hwy Dept 2,083,392.00 Resurface November 2021 City of Hammond 3,891,896.00 Resurface November 2021 INDOT 2. What public works projects are now in process of construction by your organization? Expected Contract Amount Class of Work Completion Name and Address of Owner I Date I 24,572,623.00 1 Sidewalk Replacement I September2023 I Town of Griffith 13,847,877.00 Resurface Summer 2022 St. Joseph Airport Authority 9,568,000.00 Resurface October 2022 INDOT 2,838,234.00 I Reconstruction June 2023 INDOT 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. Gatlin Plumbing & Heating, Inc. 1111 E. Main St., Griffith, IN Ms. Patti Centrowski Gough, Inc. 2200 E. 88th Dr., Merrillville, IN Mr. Raymond Gough Dyer Construction Co., 1716 Sheffield Avenue, Dyer, IN Ms. Janet Furman Grimmer Construction Co., Inc. 2619 Main St., Highland, IN Mr. Greg Grimmer 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.) As required by owner 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. See attached list 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. Will supply upon award of contract 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. See attached list 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, we received quotes from potential subcontractors and suppliers SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at South Bend this Milesto `!:, �tv a c tors. ��j� a e pRP O R ATE s `% SV STATE OF India{�fa'"���`` COUNTY OF St. Joseph ss 20th day of June , 2022 ic�ors North, Inc. / (Name of Organization) P. Hilary, Director of Estimatin (Title of Person Signing) ACKNOWLEDGEMENT Before me, a Notary Public, personally appeared the above-named Dustin P. Hilary swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to before me this 28th day of June , 2022 My Commission Expires: June 5, 2030 County of Residence: LaPorte �ILL=Lxxie 42_� Notary Pub c t�yiY PVB ALISHA KRUEGER My Commission Expires SEAL:- June 5, 2030 Commission Number NP0653544 La Porte County and Part of State Form 52414 (R2 / 2-13) / Form 96 (Revised 2013) Milestone Contractors North, Inc. (Contractor) 24358 SR 23 (Address) South Bend, IN 46614 FOR PUBLIC WORKS PROJECTS City of South Bend, Indiana 2022 Contractor Paving Round 2 Project No. 122-032 Filed June 28th , 2022 Action taken General Form No. 96-a Prescribed by the State Board of Accounts of Indiana. Revised 1949. Standard Questionnaires and Financial Statement for Bidders Prescribed by THE STATE BOARD OF ACCOUNTS OF INDIANA For use in investigating and determining the qualifications of bidders on public construction when the aggregate cost of any such work or improvement will be Five Thousand Dollars or more. These statements to be submitted under oath by each bidder with and as a part of his bid, as provided by Chapter 306, page 1248, Acts of 1947 Submitted to City of South Bend, Indiana By Milestone Contractors North. Inc. Address 24358 SR 23, South Bend, IN 46614 Date submitted June 28', 2022 Filed A.E. BOYCE CO., MUNCIE, IND. 1 IA Corporation Sec. 2 of an Act entitled `AN ACT concerning the awarding of contracts for the performance of public work and authorizing the board of accounts to prescribe certain forms to be used in ascertaining the responsibility of contractors who submit bids for the performance of such work, providing for plans and specifications, providing for bids repealing certain laws and declaring an emergency." (Approved March 13, 1947.) Sec. 2. Whenever the aggregate costs of any work or improvement will be five thousand dollars ($5,000.00) or more, for the purpose of enabling such board, commission, trustee, officer or agent to ascertain and determine which of the bidders submitting bids for the performance of any such public work is, in the judgment of such board, commission, trustee, officer or agent, the lowest and/or best bidder and to exercise intelligently the discretion hereby conferred on such board, commission, trustee, officer or agent each bidder shall be required to submit under oath with and as a part of his bid a statement of his experience, his proposed plan for performing such work and the equipment which he has available for the performance of such work and a financial statement. The statements hereby required shall be submitted on forms which shall be prescribed by the state board of accounts. The forms so prescribed shall be designated, respectively, as the experience questionnaire, the plan and equipment questionnaire and the contractor's financial statement, and shall be based, so far as applicable, on the standard questionnaires and financial statement for bidders as approved and recommended by the joint conference on construction practices, for use in investigating the qualifications of bidders on public construction work, and the forms so prescribed are hereby prescribed as the forms which shall hereafter he used by all such boards, commissions, trustees, officers and agents in obtaining the information which is required in the administration of this act. If the information submitted by any bidder on the forms herein prescribed is found, on examination, to be unsatisfactory, the bid submitted by such bidder shall not be considered. (Burns Statutes 1933, Sec. 53-109) Sec. 2, Chapter 306, Acts of 1947. 2 TO THE BIDDER The following forms of questionnaires and financial statement are prescribed by the State Board of Accounts in conformity with the statute set out on the preceding page. These forms, properly filled out and attested, must accompany each bid of five thousand dollars or more on any public work. The forms are designed to cover all contracts for all kinds of work and the bidder is required to answer such questions as are pertinent to the work upon which he is bidding. The purpose of the questionnaire and financial statement, as set forth in the law, is to enable the awarding body to determine the qualifications of the bidder to carry out successfully the contract if the same is awarded to him. The bidder will find it to his advantage to answer fully all questions coming within the range of the work upon which he is bidding. Particular attention should be given the "Financial Statement" and the details relative to the assets and liabilities set out. This form is made in extensive detail so that the bidder may explain his assets and liabilities in proper sequence and in a uniform manner. T. M. HINDMAN, State Examiner State of Indiana Office of the Secretary of State CERTIFICATE OF EXISTENCE To Whom These Presents Come, Greeting: I, HOLLI SULLIVAN, Secretary of State of Indiana, do hereby certify that I am, by virtue of the laws of the State of Indiana, the custodian of the corporate records and the proper official to execute this certificate. I further certify that records of this office disclose that MILESTONE CONTRACTORS NORTH, INC. duly filed the requisite documents to commence business activities under the laws of the State of Indiana on March 29, 1966, and was in existence or authorized to transact business in the State of Indiana on June 03, 2022. I further certify this Domestic For -Profit Corporation has filed its most recent report required by Indiana law with the Secretary of State, or is not yet required to file such report, and that no notice of withdrawal, dissolution, or expiration has been filed or taken place. All fees, taxes, interest, and penalties owed to Indiana by the domestic or foreign entity and collected by the Secretary of State have been paid. In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, June 03, 2022 HOLLI SULLIVAN SECRETARY OF STATE 194484-057 / 20222613744 All certificates should be validated here: https://bsd.sos.in.gov/ValidateCertificate Expires on July 03, 2022. State of Indiana Office of the Secretary of State Certificate of Amendment of WALSH & KELLY INC I, CONNIE LAWSON, Secretary of State, hereby certify that Articles of Amendment of the above Domestic For -Profit Corporation have been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law as prescribed by the provisions of the Indiana Code. The name following said transaction will be: MILESTONE CONTRACTORS NORTH, INC. NOW, THEREFORE, with this document I certify that said transaction will become effective Monday, February 01, 2021. STA... a " In Witness Whereof, I have caused to be affixed my ti 40, signature and the seal of the State of Indiana, at the City of Indianapolis, February 01, 2021 i_(_rNNQ tAW50N \• '•••• •••• 4kCKIARY OF STALL ICJ4484-057 / 8878119 To enstare the certificale's validity, Eo to hit ps:llbsd.sos.in-gov/Pub lic5usinessSearc1) State of Indiana Office of the Secretary of State Certificate of Assumed Business Name of MILESTONE CONTRACTORS NORTH, INC. I, CONNIE LAWSON, Secretary of State, hereby certify that a Certificate of Assumed Business Name of the above Domestic For -Profit Corporation has been presented to me at my office, accompanied by the fees prescribed by law and that the documentation presented conforms to law prescribed by the provisions of the Indiana Code. Following said transaction, the above named entity will transact business under the assumed business names) of: WALSH & KELLY NOW, THEREFORE, with this document I certify that said transaction will become effective Monday, February 01, 2021. GTArC j6je In Witness Whereof, I have caused to be affixed my signature and the seal of the State of Indiana, at the City of Indianapolis, February 01, 2021. -i4rt u`]+ , 8876234 To ensure (hp [erlific 3te'� validity, go to http� Ubsd stns in gov/PuhkI3winessSearcf► CERTIFICATE OF QUALIFICATION to provide CONSTRUCTION SERVICES for PUBLIC WORKS PROJECTS to the STATE OF INDIANA This Certification Board, having duly considered application for qualification in terms of apparent experience and financial resources; and under the applicable Indiana Code 4-13.6-4 and adopted rules of this Board, hereby issues a Certificate of Qualification to provide construction services to the State of Indiana for Public Works Projects to: WALSH - KELLY INC 1700 E MAIN ST GRIFFITH IN 46319 Phone 219-924-5900 Fax 219-924-8768 Company Official JOHN PEISKER for the twenty-seven month period stated herein, unless revoked by this Board for cause, and in the classifications of services stated below. This certificate supercedes any previous certificate. 1611.01 Concrete Construction of Roads & Curbing 1611.02 Asphalt Construction of Roads and Parking Lots CERTIFICATION DATE 11/4/2020 EXPIRATION DATE 214/2023 THIS CERTIFICATE ISSUED BY THE STATE OF INDIANA, PUBLIC WORKS DIVISION CERTIFICATION BOARD, 402 WEST WASHINGTON STREET, ROOM W467, INDIANAPOLIS, INDIANA 46204, ALSO ACTS AS THE OFFICIAL NOTICE OF EXPIRATION. I JL Ck.Q.A� Tracy L. Cross, Exe'utive Secretary Certification Board DAPW P02 State Form 3983R Rev. 07/06 WRITTEN CONSENT TO RESOLUTIONS of the BOARD OF DIRECTORS of MILESTONE CONTRACTORS NORTH, INC. The undersigned, being all of the Directors of MILESTONE CONTRACTORS NORTH, INC., an Indiana Corporation, hereby consent to the following actions to be taken by the Corporation without a meeting of the Board of Directors under the applicable provisions of the Indiana Business Corporation Law, as amended: RESOLVED that the following be, and hereby are, elected officers of the Corporation, to hold the office until the next regular meeting of the Board of Directors and until their successors are duly elected and have qualified: Todd A. Fawver President Charles Potts Jr. Chief Operating Officer, Construction John P. Vercruysse Executive Vice President Mark Andrews Executive Vice President David L. Franz Vice President John M. Peisker Vice President, Production Patrick J. Walters Vice President, Finance Brad McCall Vice President, Estimating Derek Merida Vice President, Bridge Operations David M. Kozyra Vice President/Area Manager Griffith Lynn J. Bauer Vice President/Area Manager South Bend Danielle Payne Assistant Controller, Secretary and Treasurer RESOLVED FURTHER that the above officers be, and they hereby are, authorized to execute all contracts or similar documents on behalf of the Corporation. In addition to the above officers the following are hereby appointed as authorized signers on behalf of the Corporation: David J. Misirly Senior Estimator Gregory A. Hoffman Director of Estimating, Griffith Dustin P. Hilary Director of Estimating, South Bend Mark E. Krachenfels Construction Manager RESOLVED FURTHER that the actions of the Officers of the Corporation taken since the last meeting of the Board of Directors be, and the same hereby are, fully ratified and approved. RESOLVED FURTHER that this consent shall be in lieu of an annual meeting of the Board of Directors of the Corporation and shall be filed in the minute book of the Corporation in place of any such annual minutes. <<SIGNATURES ON THE NEXT PAGE>> EXECUTED this 26'h day of August, 2021. Fred Fehsenfeld, Jr. Geoffrey C. Dillon James ehsenfeld �v J P. Vercruysse P,i; Milestone DATE: February 26, 2021 TO: All Employees RE: EEO Officer Appointment Margaret Garner has been appointed Equal Employment Opportunity Officer for Milestone Contractors. It is her responsibility to coordinate, advise and assist management and supervisors in their responsibilities of assuring all applicants and employees' equal opportunities in all aspects of their employment. She will review complaints that allege discrimination because of race, religion, color, sex, sexual orientation, gender identity, age, national origin, disability, housing status or veteran status. Employees of Milestone Contractors are to submit any issues or concerns to Margaret. We are committed to comply with the provisions of the Civil Rights Act of 1964 and 1991, plus all Executive Orders issued relating to Equal Employment. Margaret's contact information is listed below. Milestone Contractors 7661 N Perimeter Rd, Suite 200 Indianapolis, IN 46241 mgarner@milestonelp.com (317)616-4937 CJ Potts, Chief Operating Officer Milestone EQUAL EMPLOYMENT OPPORTUNITY/ AFFIRMATIVE ACTION POLICY STATEMENT It is the policy of Milestone Contractors to afford equal opportunity for employment to all individuals regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, housing status, or veterans' status. The corporation is committed to this policy by our status as a federally assisted government contractor. We are far more strongly bound to the policy by the fact that adherence to the principles involved is the only acceptable American way of life. Therefore, it is the policy of this corporation to assure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, housing status, or veterans' status. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre - apprenticeship, and/or on-the-job training. The successful achievement of a nondiscriminatory employment program requires a maximum of cooperation between management and employees. In fulfilling its' part in this cooperative effort, management is obliged to lead the way by establishing and implementing affirmative procedures and practices which will ensure our objective, namely equitable employment opportunity for all. (Minority and female employees are encouraged to participate in all company activities and refer applicants.) I have designated Margaret Garner to direct the establishment of and to monitor the implementation of personnel procedures to guide our affirmative action program. This official is charged with designing and implementing audit and reporting systems that will keep management informed on a regular basis of the status of equal employment opportunity and affirmative action. She can be reached at (317)616-4937. Supervision has been made to understand that their work performance is being evaluated based on their equal employment opportunity efforts and results, as well as other criteria. It shall be a responsibility of the supervision to take actions to prevent harassment of employees placed through affirmative action efforts. We shall comply with the Civic Rights Act of 1964, as amended, the Federal Highway Act of 1968, the Executive Order #11246 and #11375, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, the Indiana Civil Rights Act and other applicable Federal and State Laws and regulations pertaining to equality of Opportunities and Affirmative Action policies. We have developed an Affirmative Action Program for Veterans and Individuals with Disabilities. CJ Potts, Chief Operating Officer Margaret Garner, HR Area Partner/EEO Officer January 2022 EOE M/FNets/Disabled rdundt of . M173D BY Ito twa BrpwimndTnM9PWdd10 INDIANAPOLIS, IN May 20, 2021 TO MILESTONE CONTRACTORS NORTH, INC. GRIFFITH, IN who has fil--ad viiih the Department a Contractor's Statement of Experierce and Financial Condition as required under Indiana Code 8-23.10, is hereby qualified to bid at any Department of Transportation letting in Classes of Work and within the amount and other limitation of each classification as listed below, for such period as the uncompleted worts on hand from all sources does not exceed the Aggregate amount Classification references by name or symbol arra in accordance with the definitions in the Contractor's SUtementofWinceand FinancialCondition. This oerlikatesupersedes any oertificale prveviousfy issued, but is subject to revision or revocation aceorndirvj to the law, 9 and when changes in the financial condition of the contracting firm or other facts justly such revision or revocation. Valid May 19, 2021 Thru September 30, 2022 Aggregate Bidding Capacity: 552,167,000.1 A(B) CONCRETE PAVEMENT: LIMITED................................................................................... $25,000,000.00 B(A) ASPHALT PAVEMENT: W/INDOT CERTIFIED HMA PLANT ............................................. $99,999,999.00 C(B) LIGHT GRADING............................................................................................................... $99,999,999.00 E(E) SMALL STRUCTURES AND DRAINAGE ITEMS.............................................................. $25,000,000.00 E(F) SURFACE MASONRYAND MISCELLANEOUS CONCRETE ........................................... $50,000,000.00 E(G) TRAFFIC CONTROL: PAVEMENT MARKINGS................................................................ $25,000,000.00 E(H) DEEP SEWER AND/OR EXCAVATION............................................................................. $25,000,000.00 E(Q) CONCRETE PAVEMENT: REPAIRS................................................................................. $25,000,000.00 E(R) ASPHALT PAVEMENT MILLING....................................................................................... $50,000,000.00 P.RMIJAI IFrCAMON ENGINEER COMMISSIONER Sbft Form a(A3r