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Opening of Bids - 2024 Lead Service Line & Main Replacements SE Zone Proj No. 123-069B - HRP
Wei z bl-i I :11111 A -.111111] 01 Project Name Lead Service Line Replacement, Southeast Zone Project No. 123-069B For Bids Due Tuesday, f*bnvtry-27,-2024 @ 9:00 A.M. (E.D.T.) via email to BPWbids@southbendin.gov May 14, 2024 Contractor Name: HRP Construction 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 pro -qualified bidder, complete Section I only. If you are not a pre -qualified bidder, complete Section 11 only. Section 11 acts as an application for pre -qualification. Submission of Section 11 will allow the bidder to be considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre - qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6- 63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance") for a period of twelve (12) months, Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre - qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified Bidders") by December 31 at 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 I 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 07119/2023 General Conditions - 11 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 aafollows: 1. All bidders shall collect, maintain, and provide upon request, mcurrent 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 moindependent contractors. 2. Each mmbuontmacto,, 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 omthough it were bidding directly buthe Chy, except that the subcontractor shall submit the required information (including the name, address, and type ofwork) bothe successful bidder prior tothe commencement ofwork. 3. Failure of subcontractor to submit the required information mheU not disqualify the successful bidder from performing work on the project and shall not constitute o contractual default and/or breach bythe successful bidder. Hovmuva[ the City may withhold all payment otherwise due for work performed by nubmontnmctor, 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 Subcontractors). Thuw, e 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. S. The successful bidder and all subcontractors on a public works project are required bosubmit 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 whoU identify the job UUo and craft for each employee. Certified payrolls mhmUU be submitted Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result In the automatic disqualification mYthe 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 nseponnibkm, and provide a Pre -Qualification Verification Le#er. The C'- right htho 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. VemionD7/1S/20%3 General Conditions '1% 1, PRE -QUALIFIED BIDDER CHECKLIST (a) Acknowledgements: (i) — By checking this box, I hereby acknowledge that I am a pre -qualified bidder with the City of South Bend and that 1 have met the pre -qualification requirements within the last twelve (12) months. A copy of my Pre -Qualification verification letter is attached. — By checking this box, 1 hereby acknowledge that the City reserves the right to request supplemental information, additional verification of any information provided by me, and may also conduct random inquiries of my current and prior customers. (b) Attachments; (i) Indiana Secretary of State's on-line records (ie. Business verification) dated within sixty (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State's Business Entity Report, and eligible for a certificate of good standing. (Not applicable to individuals, sole proprietors or partnerships). 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. 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) i 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 07/19/2023 General Conditions -13 CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED) (a) (V _V� Dychecking this box | hereby acknowledge that | am not pre -qualified bidder with the City ofSouth Bend. U0 V By checking this box, | 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 bidder is responsive and responsible. Additionally, | acknowledge that all information provided bothe City shall baregarded mmpublic records. (iii) v/ By checking this box. | 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. (k) V By checking this box. | hereby acknowledge and mnuumo that | and all sub- contractors, from whom I have accepted a bid and/or intend to hire to perform work onthe public work project, are properly licensed. Furthermore, | acknowledge my understanding that it is my responsibility to ensure that all sub -contractors have the necessary |icanawn to undertake the work oo||ed for in this bid. If sub- contractor |ooaa their license at any point, it is the responsibility of that sub- contractor to notify the City. (b) Attachments: W v/ Indiana Secretary ofStatm on-line records (ie. Business verification)dated within mhdy (60) days of the submission of said document showing that business is in existence, current with the Indiana Secretary of State'oBusiness Entity Report, and eligible for a uortifiunby of good standing. (Not applicable to individmala, sole proprietors o,partnamhipo). »/ List identifying all former business names. (ii0 _V' Any determinations bymcourt orgovernmental agency any violations mffederal state, or local laws including, but not limited to, violations of contracting or antitrust |nmvm, tax prlicensing kmwm. environmental laws, Occupational Safety and Health Act (O8HA).orfederal Davis -Bacon and related Acts, withinthepnacadinQfive(5) (iv) v/ years. Statement about staffing capabilities, including labor aounxom. This statement indicates and ensures | have sufficient employees onstaff bocomplete the work I onnbkJdinQonORoudineshow | intend bzmeet the �mffingneeds ofthe work. k� 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 mb�oand federal laws and local ordinances. (vi) *^ For every pnoject, submit evidence of participation in apprenticeship and training pnognamo, 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, orits successor orgonizotion (vii) »/ Copy cfovvh�enplan for employee dmg--testing that covers all cfmyemployees who will perform work on the public mmdh project and meets or exceeds the naquinen�ontaset fo�h in |C4-1348-6or|��4-13-18-8' (�ii) v^ Evidence that | am utilizing o surety company which is on the Bureau of Fiscal Service "Department of Treasury's Listing of Approved Sureties" as required in the bid specifications nrcontract. Version O7/19/3023 General Conditions -1* (ix) Written statement of any federal, state or local tax liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three years. (i) V List of projects of similar size and scope of work performed in all areas, including the State of Indiana, within three (3) years prior to the date on which the bid is due. Matthew D. Cain, President (Print Name Here) HRP Construction Inc. (Name of Company) 5777 Cleveland Road, P.O. Box 266 (Address of Company) South Bend (City) Indiana 46624-0266 (State) 574-271-7800 (Telephone Number) Version 07/19/2023 General Conditions - 15 HRP CONSTRUCTION i EXCAVATING -SEWERS -WA MAINS "'(WoJing go I& Responsible Bidder Checklist 2024 Lead Service Lines Replacement — Southeast Zone Project No. 123-069B Pre -Qualification Checklist (For Bidders That Are Not Pre -Qualified) Section 11 (b) (i) See Attached (b) (ii) HRP Construction Inc. former name: June 25, 1980 known as H.R.D. Corp. May 31, 1991 known as HRP Construction, Inc. May 25, 1994 known as HRP Construction Inc. (b) (iii) HRP Construction Inc. has no court or governmental agency violations of federal, state or local laws within the preceding five (5) years. (b) (iv) HRP Construction Inc. will have a qualified senior project manager, senior field supervisor, project manager, field supervisor along with qualified union operators and laborers. (b) (v) Individuals who preform work on the public works project for HRP Construction Inc. will be properly classified as an employee or as an independent contractor under all applicable state and federal laws and local ordinances. (b) (vi) See Attached (b) (vii) See Attached (b) (viii) See Attached (b) (ix) HRP Construction Inc. has no federal, state or local liens or tax delinquencies owed to any federal, state or local taxing body in the preceding three (3) years. (b) (i) See Attached 'FqU.f D##.'dUn1tY En#Ly." Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 BUSINESS INFORMATION DIEGO MORALES INDIANA SECRETARY OF STATE 05/13/2024 12:48 PM Business Name: HRP CONSTRUCTION INC. Business ID: 1989051420 Entity Type: Domestic For -Profit Corporation Creation Date: 06/01/1989 Principal Office Address: 5777 Cleveland Road, P.O. Box 266, SOUTH BEND, IN, 46624, USA Jurisdiction of Formation: Indiana Business Status: Active Inactive Date: Expiration Date: Perpetual Business Entity Report Due 06/30/2025 Date: Years Due: Title Name Address Vice President NANCY KNAPIK 57337 MARY BETH COURT, SOUTH BEND, IN, 46619, USA President MATTHEW CAIN 1780 STOCKBRIDGE DRIVE, ST. JOSEPH, MI, 46530, USA c Type: Individual Name: Nancy Knapik Address: 5777 Cleveland Road, South Bend, IN, 46628, USA HRP CONSTRUCTION EXCAVATING•SEWERS«WATERMAINS "(wo'king go Be Loj's"Iviae" May 14, 2024 To Whom It May Concern Re: Drug and Alcohol Testing 2024 Lead Service Lines Replacement — Southeast Zone Project No. 123-069B We have a long standing tradition of requiring all new employees to be tested for drugs and retaining the right to require further tests at random or for cause. In 2006 a new state law went into effect requiring any contractor that works for the state (which includes INDOT) to have a much more formal and rigid program, and to certify that this program is in place at the time of their bid. June 1, 2007 we signed an agreement with BCRC to provide our drug testing program. We selected the BCRC, Building and Construction Resource Center Inc., for a number of reasons: a) They are approved by the State. b) Their program is the one included by addendum in the 150 Heavy Highway Contract. c) Their program's allowed by the State Laborers Council. d) They will also accept our non -union employees (who also, by statute, must be included). e) All of our employees will be subject to the same rules and regulations. 0 BCRC's plan also includes an EAP (Employee Assistance Program). Eluaroppo-dunity E-Proyz% Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 _�I_YAL_ January 16, 2024 To Whom It May Concern: This is a letter to inform you that HRP Construction, Inc., is a contractor member of the Building & Construction Resource Center Inc. (BCRC) drug testing program. They are a contributing client and meet all the industry standards set by the Business Roundtable of Northwest Indiana, the Substance Abuse & Mental Health Services Association, the Drug & Alcohol Testing Industry Association, and the Department of Transportation. Please be advised that HRP Construction, Inc. located at 5777 Cleveland Road, South Bend, IN 46624 is a participating employer in good standing with BCRC. All of HRP Construction, Inc.'s Employees are subject to the terns of the BCRC Drug Testing Policy, which meets or exceeds the requirements of IC 4-13-18-5 or IC 4-13-18-6. Please direct any questions regarding this correspondence to me. Sincerely, L arwialRoad Laticia Roach Executive Director BCRC Administrator, Inc. 219-764-1488 Promoting the Safety and Well -Being of Employees in the Workplace l riddlng & Construction Resotirce Center, Inc. e Phone: (219) 764-9500 e Fax: (219) 764-9505 6050 Southport Road, Stute B 0 Portage, hidiana 46368 0 ztnazo.bcrcnet.cotn INTERNATIONAL UNION OF OPERA"FING ENGINEERS LOCAL UNION NO. 150, 1508, 1SOA, ISOC, ISORA, ISOD, ISOG, ISOM AFFILIATED WITH THE A.F.L.•CJ.0. AND BUILDING TRADES DEPARTMENT JAMES M. SWEENEY PRESIDENT- BUSINESS MANAGER Date: 1-24-2024 To whom it may concern: (7081 482.8800 - FAX (708) 482.7186 6200 JOLIET ROAD COUNTRYSIDE, IL 60525.3992 Countless individuals, businesses, and communities — in the private and public sector, alike — recognize the added value of doing business with contractors who support Workforce Development through their participation in United States Department of Labor (USDOL) approved apprenticeship programs. USDOL-approved apprenticeship programs ensure that the young people of Indiana have the opportunity to develop a portable skill set that remains with them throughout their careers in the construction industry. The training provided by these programs addresses the evolving concerns of communities, businesses, and industry for the development of a quality skilled craft workforce that meets their needs, whether the projects are public or private in nature. To that end, please be advised that HRP Construction, Inc. is signatory to a collective bargaining agreement (CBA) with the International Union of Operating Engineers Local 150. This CBA requires the above -referenced employer to participate in Local 150's USDOL-approved Apprenticeship and Skill Improvement Program. It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and Declaration of Trust of the Apprenticeship Fund, and all amendments heretofore or hereafter made thereto, as though the same were fully incorporated herein. The Employer further agrees to be bound by the terms of the Apprenticeship Standards established by Joint Apprenticeship Training Committee of the Northern Illinois and Northern Indiana Apprenticeship and Skill Improvement Program, as approved by the United States Department of Labor, Bureau of Apprenticeship Training. Sincerely, YAK James Gardner Business Agent\ Organizer Operating Engineers Local 150, AFL-CIO District 6 1001 N. Michigan Street Lakeville, Indiana 46536 574/784-3694 office 574/784-8035 fax 574/215-8901 cell jgardncr cialocal 150.ora ma IUOE OPERATING ENGINEERS LOCAL 150 APPRENTICESHIP FUND A joint effort Labor and Management to further aim of industry www.estp1ocai150.or� James M. Sweeney/ Chairman Monday, January 241h, 2024 To whom it may concern, David M. SneltenjSecretary HRP Construction, Inc. is a signatory contractor to the I.U.O.E Local 150, and therefore, also participates in the LIJ.O.E Local 150 Apprenticeship and Skill Improvement Program (ASIP), located at 19800 W. South Arsenal Rd, In Wilmington, IL. The Local 150 ASIP is a DOL Registered Apprenticeship Program overseen by the DOL's Office of Apprenticeship (OA). Listed below are the number of graduates of its program during the years 2017 — 2021. • 2022 —112 * 2021-100 • 2020 —105 * 2019 — 48 • 2018 — 88 If there are any questions regarding the I.U.O.E Local 150 Apprenticeship, please feel free to contact me directly. Mark Kara Assistant Coordinator Operating Engineers Local 150 Apprenticeship 19800 W. South Arsenal Rd. Wilmington, IL 60481 mkara@asiplocallSO.org Tel: 815-722-3201 x6003 Fax: 815-423-5749 In cr I INDIANA LABORERS' TRAINING TRUST FUND David A. Frye .Secretary -Treasurer Jerry J. Bolk Chris Brickey Ricky Henson, Jr. Ramon Mendoza, Jr. Brian Short P.O. Box 758 - Bedford, Indiana 47421 (812)279-9751 April 10, 2023 To Whom It May Concern: Sean Coakley, Director John P. Brown Chairman Kelly Abel Michael Ferrara Stan Meyer Nick Timmerman Jim Wiseman FAX: (812) 279-5545 Toll Free (800) 7424086 This letter is to confirm that "H R P Construction" is a signatory contractor in good standing with the Indiana Laborers' Training Trust Fund. The above mentioned company is a participant in the Joint Apprenticeship and Training Committee through this Union and has been an active participant in good standing and is currently eligible to use our apprentices on a project. Further, our organization's program is approved by the U.S. Veterans Administration to participate in the GI educational benefits program. A copy of our approval letters are attached along with the collective bargaining agreement stating the ratios of Journey workers to Apprentices; which is one (1) Apprentice for every four (4) Journey workers and thereafter may not employ more that (1) Apprentice for every (3) Journey workers. Sincerely, Sean Coakley, Director SC:jt www.indianalaborerstraining.org bd '0 IM Micas I� 0 ZURICH January 22, 2024 Re: HRP Construction, Inc. To Whom It May Concern: Zurich American Insurance Company and/or its subsidiary, Fidelity and Deposit Company of Maryland, have provided surety credit to HRP Construction, Inc. for single projects of $20,000,000 and an aggregate uncompleted backlog of $50,000,000. Zurich/F&D is rated "A+" (Superior) with a financial size category of XV ($2 billion +) by AM Best and has a US Treasury Limit exceeding $300 million. If HRP Construction, Inc. is awarded a contract for the referenced project and requests that we provide the necessary Performance and/or Payment Bonds, we will be prepared to execute the bonds subject to our acceptable review of the contract Zurich North America Surety terms and conditions, bond forms, appropriate contract funding and any other 1299Zurich Way underwriting considerations at the time of the request. Schaumburg, IL 60173 Our consideration and issuance of bonds is a matter solely between HRP Construction, Inc. and ourselves, and we assume no liability to third parties or to you http://www.zurich.com by the issuance of this letter. Direct Phone317-7533078 We trust that this information meets with your satisfaction. If there are further questions, please feel free to contact me. Sincerely Zurich American Insurance Company Fidelity and Deposit Company of Maryland '„uut...... , OSI% G0% `'o. `,,„pt.u.. ....' .'.� c insury '�, J /Jifer Kasznia-in-Fact SERL3 - SEAL. /I non,0%% ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William J. CERNEY, lit, Nicole L. BICKNELL, Jennifer L. KASZNIA, Pamela S. HIGGINBOTHAM, Megan E. RIESENBERG, Faith D. HUNT, Mark E. WOBBE, Barbara E. PEARSON, and Theresa M. BURNS, of South Bend, Indiana, Sandra L. JUNK, and Jordan M. SCHEIBER, of Fort Wayne, Indiana and Wesley L. MANTOOTH, and Lisa M. THOMAS, of Indianapolis, Indiana, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of September, A.D. 2021. ,�Ni,�'N�NiIWl7ftyH �,NUlBtiltt� R,1N1tNltJtf/�/ ri���1FQ�'0 rS a SEAL A SEAL $ SEAL » 3 s" $r4/,noa� a° rryt/t ,tltNd By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 17th day of September, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. /thHttt �� leM� ���1rTl1;+ram Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seat shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 22"d day of January , 2024 1. • g •_ UAL w n Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rel2ortsfelainls@zuriclina.com 800-626-4577 z> 0. K } j [k « SDm CD ) § # ( } } m ( CD � / 0. K e°<E @ °_®� , 2%)! �\k� 3}Q9 \CD §[\ 7`y% ��\/ 2§\m ,m M. m K)<&> §tz[ qm%o > m®&a fEr g >\mk « /\}0 2[¥E a C� � b. o » °2-r _ \ 0) [ °}[ °4 0w0 ;M [[ E&0. CD # (# 4E i\0 \n {{ m �(: 7[ 0 / (( \_\ ` *� ( \\0. j 4 .�4 .y�.r�✓ e CITY OF SOUTH BEND, INDIANA CONTRACTOR'S i FOR PUBLIC. CHECKLIST • ' BIDDERS Project Name 2024 Lead Service Line Replacements — Southeast Zone Main and _ Service Replacement Project No. 123-069B For Bids Due May 14, 2024 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 or Bid Bond. 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 Investments with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and V Certification of use of United States Steel Products or Foundry Products. Proof of MANBE Utilization Plans [MBE-1.0 and WBE-1.0]. Also provide Evidence of Good Faith Efforts Forms [MBE-2.0 and WBE-2.01 and MMBE Contacted Forms [MBE-2.1 and WBE-2.1]. V Acknowledge Receipt of 1,2 Addendum(s) included with the bid. All required additional information is included with the bid. Proposal statements and other affidavits all signed by the proper party with name either printed or typed underneath signature. V 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: HRP Construction Inc. By Authorized Repro Signature: Print Name & Title: Matthew D. Cain, President Version 07/19/2023 Contractor's Bid for Public Works -1 Date: May 14, 2024 CITY OF SOUTH BEND, INDIANA CONTRACTOR'S BID FOR PUBLIC WORK Project Name 2024 Lead Service Line Replacements — Southeast Zone Main and Service Replacement Project No. 123-069B Date: Address: For Bids Due May 14, 2024 Please type or print) May 14, 4044 Bidder (Firm): rlr%P Construction inc. 5777 Cleveland Road, P.O. Box 266 PART I (Must be completed for all bids City/State/Zip: South Bend, IN 46624-0266 Telephone Number: ( 574 271-7800 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 2024 Lead Service Line Replacements - Southeast Zone Main, Project No. 123-069B the City of South Bend, Indiana, in accordance with plans and specifications prepared by: Abonmarche Consultants, Inc. and dated 04/17/2024 for the sum of (enter the Total Bid as shown on the Proposal) Seven Million Eight Hundred Forty Nine Thousand Nine Hundred Thirty Dollars and No Cents ($ 7,849,930.00 (Enter sum of Total Base Bid plus Alternates shown on Proposal) (Numerical) The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a se ch By Matthew D. Cain, Presiae (gig at unrl' (Printed Name of Person signing) ACCEPTANCE The above bid is accepted this day of Subject to the following conditions: BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member 9fl Joseph R. Molnar, Vice President Murray L. Miller, Member Breana N. Micou, Member Attest: Theresa Heffner, Clerk Version 07/19/2023 Contractor's Bid for Public Works - 2 PART 11 (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 11 PLAN AND EQUIPMENT QUESTIONNAIRE 1. Attach an explanation of your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the City of South Bend to consider your bid.) 2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, attach the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the City of South Bend in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. Attach a listing of equipment you have available to use for the proposed project. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, attach an explanation for the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the City of South Bend awarding the contract must be specific enough in detail so that said City of South Bend can make a proper determination of the bidder's capability for completing the project if awarded. Version 07/19/2023 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 ) St. Joseph ) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: 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 07/19/2023 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-I6-8-1). 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 07/19/2023 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 14th day of May Subscribed and sworn to before me this 14th My Commission Expires 03/06/2032 County of Residence HRP Construction Inc. ContractorB' der (Firy Signature of Contractor/Bidder or s Agent Matthew D. Cain, President Printed Name and Title .day of May , 2024 1 s N Public Cynthia L. Vanheste St. Joseph ir.✓..rr_r✓r:�rrrr'rr..�^r� r-r_rrr..-.rrr.�r,/1 Version 07/19/2023 Contractor's Bid for Public Works - 6 BID/PROPOSAL CITY OF SOUTH BEND Addendum 2� k �y Project Name: 2024 SB LSL Replacement - S.E. Zone Main and Service Replacement 4' a Project Number: 123-069B For Bids Due: 14-May-24� Contractor Name: HRP Construction Inc. Base Bid - Division A - Lead Service Line Replacement - Indiana Ave. (Michigan St. - High St.) & Fox St. (Caroline St. - Ironwood Dr.) Item No. Description Quantitv Unit Unit Price Total Amount 1. Mobilization/Demobilization 1 LS 230,000.00 230,000.00 2. Maintenance of Traffic 1 LS 50,000.00 50,000.00 3. Removals and Clearing 1 LS 750,000.00 750,000.00 4. Concrete Curb, Remove 3,530 LFT 15.00 52,950.00 5. Concrete Sidewalk, Remove 2,040 SYD 23.00 46 920.00 6. Existing Water Service, Potholing 172 EA 2,000.00 344,000.00 7. Temporary Erosion and Sediment Control 1 LS 15,000.00 15,000.00 8. Compacted Aggregate, No. 53, 6" 3,113 SYD 28.00 87,164.00 9. HMA for Patching, 8" 3,113 SYD 140.00 435,820.00 10. Standard Curb 3,530 LFT 47.00 165,910.00 11. Concrete Sidewalk, 4" 1,920 SYD 68.00 130,560.00 12. Concrete Curb Ramp 125 SYD 201.00 25,125.00 13. Detectable Warning Surface 30 SYD 172.00 5,160.00 14. Water Service, 1", Long Side 91 EA 8,800.00 800,800.00 15. Water Service, 1", Short Side 81 EA 8,100.00 656,100.00 16. Mulched Seeding, Type U 3,325 SYD 10.00 33,250.00 17, Street Tree 12 EA 639.00 7688.00 Base Bid Total (Division A) 3,836,427.00 Base Bid - Division B - Water Main Replacement - Indiana Ave. (Michigan St. to High St.) Item No. Description Quantitv Unit Unit Price Total Amount 18. Concrete Curb, Remove 213 LFT 19. Pavement, Remove 545 SYD 20. B-Borrow (Undistributed) 100 CYD 21. Water Main, Abandon in Place 2,885 LFT 22. Compacted Aggregate, No. 53, 6" 545 SYD 23. HMA for Patching, 8" 415 SYD 24. PCCP for Approaches, 6" 130 SYD 25. Standard Curb 213 LFT 26. Water Main, 12" 1,400 LFT Version 09/29/2021 Contractor's Bid for Public Works - 7 HRP Construction Inc. BID/PROPOSAL. CITY OF SOUTH BEND 27. Water Main, 10" 1,515 AFT 28. Gate Valve, 12" 5 EA 29. Gate Valve, 10" 5 EA 30. Tapping Sleeve and Valve, 12" x12" 1 EA 31. Tapping Sleeve and Valve, 6" x 6" 4 EA 32, Tapping Sleeve and Valve, 10" x 10" 1 EA 33. Item Omitted 34. 12" to 10" Reducer 3 EA 35. Fire Hydrant, Assembly 3 EA 36. Connect to Existing Fire Hydrant 2 EA 37. Flowable Fill (Undistributed) 100 EA Base Bid Total (Division B) Base Bid Total (Division A+B) Version 09/29/2021 Contractor's Bid for Public Works - 8 HRP Construction Inc. BID/PROPOSAL CITY OF SOUTH BEND Add Alternate 1 - Division A - Lead Service Replacement - Fox Street (Marine St. to Caroline St.) Item No. Description Quantity Unit Unit Price Total Amount 101 Mobilization/Demobilization 1 LS 102. Maintenance of Traffic 1 LS 103. Removals and Clearing 1 LS 104. Concrete Curb, Remove 950 LFT 105. Concrete Sidewalk, Remove 440 SYD 106. Existing Water Service, Potholing 79 EA 107. Temporary Erosion and Sediment Control 1 LS 108. Compacted Aggregate, No. 53, 6" 1,264 SYD 109. HMA for Patching, 8" 1,264 SYD 110. Standard Curb 950 LFT 111. Concrete Sidewalk, 4" 440 SYD 112. Water Service, 1 ", Long Side 46 EA 113. Water Service, 1 ", Short Side 33 EA 114. Mulched Seeding, Type U 1,760 SYD Alternate 1 Bid Total Version 09/29/2021 Contractor's Bid for Public Works - 9 HRP Construction Inc. BIDIPROPOSAL CITY OF SOUTH BEND Add Alternate 2 - Division A - Lead Service Line Replacement - Dayton Street (Leer St. to Vernon St.) Item No. Description Quantity Unit Unit Price Total Amount 201 Mobilization/Demobilization 1 LS 202. Maintenance of Traffic 1 LS 203. Removals and Clearing 1 LS 204. Concrete Curb, Remove 750 LFT 205. Pavement, Remove 1,250 SYD 206. Existing Water Service, Potholing 28 EA 207. Temporary Erosion and Sediment Control 1 LS 208. Compacted Aggregate, No. 53, 6" 1,250 SYD 209. HMA Surface, 9.5 mm, Type B, 1.5" 1,250 SYD 210. HMA Intermediate, 12.5 mm, Type B, 2.5" 1,250 SYD 211. HMA Base, 25.0 m, Type B, 4" 1,250 SYD 212. Standard Curb 750 LFT 213. Water Service, 1", Long Side 14 EA 214. Water Service, 1", Short Side 14 EA 215. Mulched Seeding, Type U 800 SYD Alternate 2 Bid Total (Division A) Add Alternate 2 - Division B - Water Main Replacement - Dayton Street (Leer St. to Vernon St) Item No. Description Quantity Unit Unit Price Total Amount 216. Water Main, Abandon in Place 860 LFT 217. B-Borrow (Undistributed) 100 CYD 218. Water Main, 8" 860 LFT 219. Gate Valve, 8" 1 EA 220. Tapping Sleeve and Valve, 12" x 8" 1 EA 221. Tapping Sleeve and Valve, 6" x 8" 1 EA 222. Fire Hydrant, Assembly 2 EA 223. Connect to Existing Fire Hydrant 1 EA 224. Flowable Fill (Undistributed) 100 CYD 225. Line, Paint, Solid, White, 6" 105 LFT 226. Line, Paint, Solid, White, 24" 13 LFT Alternate 2 Bid Total Division B) Alternate 2 Total (Division A+B) Version 09/29/2021 Contractor's Bid for Public Works - 10 HRP Construction Inc. BID/PROPOSAL CITY OF SOUTH BEND Add Alternate 3 - Division A - Lead Service Line Replacement - Randolph Street (Leer St. to Vernon St.) Item No. Description Quantity Unit Unit Price Total Amount 301 Mobilization/Demobilization 1 LS 302. Maintenance of Traffic 1 LS 303. Removals and Clearing 1 LS 304. Concrete Curb, Remove 760 LFT 305. Pavement, Remove 1,440 SYD 306. Existing Water Service, Potholing 25 EA 307. Temporary Erosion and Sediment Control 1 LS 308. Compacted Aggregate, No. 53, 6" 1,440 SYD 309. HMA Surface, Type B, 1.5" 11440 SYD 310. HMA Intermediate, Type B, 2.5" 1,440 SYD 311. HMA Base, Type B, 4" 1,440 SYD 312. Standard Curb 760 LFT 313, Water Service, 1 ", Long Side 13 EA 314. Water Service, 1", Short Side 12 EA 315. Mulched Seeding, Type U 650 SYD Alternate 3 Bid Total (Division A) Add Alternate 3 - Division B - Water Main Replacement - Randolph Street (Leer St. to Vernon St.) Item No. Description Quantity Unit Unit Price Total Amount 316. Water Main, Abandon in Place 860 LFT 317. B-Borrow (Undistributed) 100 CYD 318. Water Main, 8" 860 LFT 319. Gate Valve, 8" 1 EA 320. Tapping Sleeve and Valve, 12" x 8" 1 EA 321. Tapping Sleeve and Valve, 6" x 8" 1 EA 322. Fire Hydrant, Assembly 1 EA 323. Connect to Existing Fire Hydrant 2 EA 324. Fiowable Fill (Undistributed) 100 CYD 325. Line, Paint, Solid, White, 6" 120 LFT 326, Line, Paint, Solid, White, 6" 15 LFT Alternate 3 Bid Total (Division B) Alternate 3 Total (Division A+B) Version 09/29/2021 Contractor's Bid for Public Works - 11 BID/PROPOSAL CITY OF SOUTH BEND Base Bid Total (Division A+B) Add Alternate I Bid Total Add Alternate 2 Total (Division A+B) Add Alternate 3 Total (Division A+B) Bidder (Firm)- HRP Construction Inc. Address: 5777 Cleveland Road, P.O. Box 266 City/State/Zip: South Bend, IN 46624-0266 Telephone Number: ( 574) 271-7800 Matthew D. Cain, President (Signature) (Printed Name of Person Submitting) Version 09/29/2021 Contractor's Bid for Public Works - 12 CITY OF SOUTH BEND 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. ***Goals should be calculated based on the Base Bid only.*** 2024 Lead Service Line Replacements — Southeast Zone Main and Service Project Number: 123-069B Project Name: Replacement Bidder: HRP Construction Inc. Total Bid Amount: $ 4, 609,003.00 MBE Goal: 7% Pape 1 of 1 Name &Address Of MBE Primary Contact Person Namefrele hone ( p ) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of MBE Component Percentage of TotalBid/Proposal 1st Class Logistics 2213 Saint Charles Ave South Bend, IN 46614 Bernard Coutee 574-993-0071 Aggregates and Hourly Trucking $ 70,000.00 .015 Submitted by: Matthew D. Cain, President Print Name 91"90111115- 1 ',:) _. M—ignature Date 07/19/2023 Contractor's Bid for Public Works -13 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-1.0 WBE UTILIZATION PLAN F ` ***Goals should be calculated based on the Base Bid only.*** 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. ***Goals should be calculated based on the Base Bid only.*** Project Number: Bidder: 123-069B Project Name: HRP Construction Inc 2024 Lead Service Line Replacements — Southeast Zone Main and Service Replacement Total Bid Amount: $ 4,609,003.00 WBE Goal: 5% Page 1 of 1 Name &Address of WBE Primary Contact Person (Name/Telephone) Scope of Work to be Performed (Attach scope/schedule if you need additional space) Dollar Amount of WBE Component Percentage of Total Bid/Proposal Modern Edge Joe Drawl Landscaping $ 14,992.00 .003 653 Steele Drive 866-504-3343 Valparaiso, IN 46385 State Barricading Inc. James Michalski Traffic Control $ 18,825.00 .004 24963 US Highway 20 574-287-2078 South Bend, IN 46628 Submitted by: Matthew D. Cain, President Print Name l , J' Sigriiiture Date ***Goals should be calculated based on the Base Bid only.*** Version 07/19/2023 Contractor's Bid for Public Works -14 CITY OF SOUTH SEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be included as part of the Bids documents related to City of South Send Public Works Projects requiring Good Faith Efforts to obtain MBE participation. Project Number: Project Name: Bidder: Contact Person: Address: City: 123-069B Date: May 14, 2024 2024 Lead Service Line Replacements — Southeast Zone Main and Service Replacement HRP Construction Inc. Matthew D. Cain, President Telephone. 574-271-7800 5777 Cleveland Road, P.O. Box 266 South Bend state: Indiana zip: 46624-0266 Email: mattc@hrpconstruction.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 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: httv:/twww.in.qov/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.govftdoa). I affirm that I have made good faith efforts to select portions of the contract work to be LIZ- 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 work the of of contract I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform MBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed MBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform MBEs of subcontracting opportunities and allowed sufficient time for 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 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 07/19/2023 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 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 Ion 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. ivNQn uau1vnairauon or Good Faith cnorm requires your mrttais 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 07/19/2023 Contractor's Bid for Public Works - 16 M. 5 i CD CD c� � rt ;CD C a � �. cpco 0 � tz .:z O t3 d O 'a p M CCD N 'a CL d C n n O ,y CD O O � � CD C) z o—&14=MO Oz MM I :5 X'u 6-MM-0--O;u C. 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Err, 0 a) M - o �,r 3 R. 0. T �FFrwm M-itm c -3 0.0 Evn'jcL L. zr i (DR M a FF L - cri ? 3 Co " 3 33 -4 a Mo 0 sit, ya E rL 9, 0 z M 0 cn Er 2M M 0. Q. < fo o 3Z-Z;U* a 0 n V 0 -qu >w Fcn>E;n 0 S '0 go Ol 3; 'Mo Ol CL 3 Or "v OW 0= 3 Z cc 0 3 j; 0- --"R A 0 M a.< 53 -5 MQ' FL M CL 50,- Q. "Mg""O's ()O-,:a 7, jr-'c L'. - -, it M. ii. _:, , '-i o- a - . n c '0 m,< CML 23 , _0 -4= —4-ft —(A-0 IM, UC '4' '0= 5,nNz. —n 3 , 5.a. —== MPL c = CL ItIMTFAUH9 i'-Asas —C�.Q.- �E; (ACLO 0 11 0 Mo 0 �' c' g a 5 o lb C<r F 104 3: CL c > - 3 &L CL -.0'. M 3'-5 5 D 'ca a 'CL 0 0 T>3z:�:Om,mSb. <a M-OC-="-M*o M;=000583 CD 0 � 10'a'D n SCLZ�s i; 7r-cr CL 3 Mo 0 j 5, :n Vo n.'Z�Mr-ol 0,6R E� FL I I --no 0 <W 'ac ft Im M, nF3 :"c - , 0 a 1:5 il 'L 0 .0 5 kry ;;o o E�:) M-0 0 > 5 CA - n P 0 "az c - , 7(),O CL r�7 (a 0 c M z c z Exported: 5/1/2024 12:15:24 PM Subject: Request for Quote from HRP Construction Inc. for Southeast Zone 2024 Lead Service Lines Replacement Message: HRP CONSTRUCTIONI DATE: May 01, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement REQUEST FOR QUOTE Please email your quote to the estimator, John Kramer, at johnk@hrpconstruction.com before 9:00 AM on Monday, May 13, 2024. Please submit any questions prior to May 8th. Disadvantaged businesses are invited and encouraged to send a quote. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruction.com demo@email.com 574-271-7800 1 1 1 1 , :1111111i k PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECT/LOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CL1Cl4 HERE -or- go to www hrpplanroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 05/13/2024 via email johnk@hrpconstruction.com. This bid has the following DBE goals; please do your part to meet these goals. % DBE 1.77A 1.4413% MBE 4.42A 4.49B% WBE % IVSB Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing, P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 Note: This message was sent from an Automated Project Messaging System. If you do not wish to receive these emails, please contact the Sender or visit https:/ANWw.hmolanroom.comfopteu2 to remove yourself from our system. Exported: 5/8(2024 10:43:31 AM Subject: Addendum 1 Notification from HRP Construction Inc. for Southeast Zone 2024 Lead Service Lines Replacement Message: COMSTRUCTIOMB DATE: May 08, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement Addendum 1 has been issued for the above -referenced project. Please click above to "View Plans" and to download the addendum. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruction.com demo@email.com 574-271-7800 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECTILOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CLICK HERE -or- go to www.hrpplanroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 06/1312024 via email johnk@hrpconstruction.com. Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 { Note: This message was sent from an Automated Project Messaging System. it you do not wish to receive these emaits, please contact the Sender or visit httos:/Avww.hmetanroom.conVoptout to remove Eyourself from our system. Exported: 5/10/2024 3:04:43 PM Subject: Addendum 2 Notification from HRP Construction Inc. for Southeast Zone 2024 Lead Service Lines Replacement Message: •ll �l 11 t CONSTRUCTIONI DATE: May 10, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement Addendum 2 has been issued for the above -referenced project. Please click above to "View Plans" and to download the addendum. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruction.com demo@emaii.com 574-271-7800 BID DUE DATE•05/13/2024 - 09.00 AM Eastern PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECT/LOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CLICK HERE -or- go to www.hrpplanroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 06/13/2024 via email johnk@hrpconstruction.com. Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. 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CC G �i 1 W: CD O ro € � ' �= CD % w Ch 0o m' c o€ o: A= rn° O'i �. m CD CD 3} m � o 3 j a; �€ m£ 03 3 �; � cn �€ o! os m o =; m3 �' of 3` �€ , G°N).'' o oc cn -m .,..,._w o � a€F om� -1 cr o, �. cD �70 v frnD,CD CD w ni 3F m: W w cc: w: CD wi N ro: ro a z CD I N? aco Z Z Zi Z Z, Z: Z- r Z, Z Z Z Z A A� A A AA € N 0); CT O� ;AA€ � t>00n 0A ; OO ,pA€ C pA;- M. A .pA Ch cr) jA JDO>D; A i' m V[ O'� Vt ............. Sc m� �' co mao . co W W' co oa W col w m m: m m m m; m mx m m; m' m mm�$ o T -I CL to m; to CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM WBE-2.0 EVIDENCE OF GOOD FAITH EFFORTS This completed form should be Included as part of the Bids documents related to City of South Bend Public Works Projects requiring Good Faith Efforts to obtain MWBE participation. Project Number: 123-069B Date: May 14, 2024 2024 Lead Service Line Replacements — Southeast Zone Main and Service Project Name: Replacement Bidder HRP Construction Inc. Contact Person: Matthew D. Cain, President Telephone: 574-271-7800 Address: 5777 Cleveland Road, P.O. Box 266 City: South Bend state: Indiana Zip: 46624-0266 Email: mattc@hrpconstruction.com To determine whether a bidder has demonstrated good faith efforts to reach the WBE utilization goals set forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*: 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: hftp://www.in.gov/idoa/. GOOD FAITH EFFORTS TO OBTAIN WBE PARTICIPATION The bidder shall initial each item below, as evidence of its good faith efforts to obtain WBE participation in the awarded contract. I affirm that I reviewed the City of South Bend's Minority and Women Business Enterprise Inclusion Program Plan and the Indiana Department of Administration's certified list of Indiana Minority and Women Business Enterprises, found on their website (http://www.in.govfid a). I affirm that I have made good faith efforts to select portions of the contract work to be kjv Performed by WBEs, including, where appropriate, breaking out contract work items into economically feasible units to facilitate WBE participation. I affirm that I have made good faith efforts to solicit through all reasonable and available means the interest of all WBEs in the scopes of work of the contract. I affirm that I attended all pre -bid meetings scheduled by the City of South Bend to inform WBEs of contracting and subcontracting opportunities. I affirm that I advertised in general circulation and/or trade association publications concerning subcontract opportunities and allowed WBEs reasonable time to respond to such advertisements. I affirm that I performed any and all necessary steps to provide written notices in a manner reasonably calculated to inform WBEs of subcontracting opportunities and allowed sufficient time for WBEs to participate effectively. I affirm that I followed up on initial solicitations with interested WBEs. I affirm that I negotiated with interested WBEs in good faith, including providing such WBEs with adequate information about the plans, specifications and other requirements of the subcontract, I Version 07119/2023 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 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. I affirm that I did not reject any WBEs as unqualified without sound business reasons based on a thorough investigation of their capabilities. CONTRACT RECORDS: The bidder has maintained the following records for each WBE that has bid on the subcontracting opportunity: 1. Name, address, and telephone number; 2. A description of information provided by the bidder or subcontractor; and 3. A statement of whether an agreement was reached, and if not, why not, including any reasons for concluding that the MWBE was unqualified to perform the job. .. yr --saw,tau au-, - vvva r-anr crrorts 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 07/19/2023 Contractor's Bid for Public Works -18 H 4 2 C� G 0 i 1 CIS ° CD •, o. CD o. 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Ei n < :3 n.=ZZ4,�4= M a Ma.mo Im im c 5rcr 0 a- 00 af-, 30, c 0 (o M t C: :3 crP =0 fR U,3:a2>o,o.-.t8 znpg Mona nwor a-' ow ctnao 0 =3nLc Mo, Oa_th!� sK .3 co>-3 a 0mQa "a r) , M f 0* On cc :7 3=m HK50,w -,r�F Ina -M 3 ID c0>6 0-0 c —n•, =cr* 0 M :n CL3 cr=m * 0 - m Z,Q 9ml< *�CL�E=3cmvr-60 aOFxN ,< = 0 - n M C M. m --no o a M=M ip 3 M 0 20 0!:�:) M 'a 3 gooZ 0 0 0 0 - Pam IF), Um Z. nMM, 1 12 cA<,z <Z, Mn CL 1 3*0 . CL El Exported: 5/1/2024 12:15:24 PM Subject: Request for Quote front HRP Construction Inc, for Southeast Zone 2024 Lead Service Lines Replacement Message: REQUEST FOR QUOTE CUNSTBUCTIONI DATE: May 01, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement Please email your quote to the estimator, John Kramer, atjohnk@hrpconstructon.com ton.com before 9:00 AM on Monday, May 13, 2024. Please submit any questions prior to May 8th. Disadvantaged businesses are invited and encouraged to send a quote. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruction.com demo@email.com 574-271-7800 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECTILOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CLICK HERE -or- go to www.hrpplanroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 05/13/2024 via email johnk(c>dhrpconstruction.com. This bid has the following DBE goals; please do your part to meet these goals. % DBE 1.77A 1.44B% MBE 4.42A 4.49B% WBE % IVSB Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 Note: This message was sent from an Automated Project Messaging System. If you do not wish to receive these emails, please contact the Sender or visit httes:/Avww.hmolanroom.com/ootout to remove yourself from our system. Exported: 5/8/2024 10:43:31 AM Subject: Addendum 1 Notification from FIRP Construction Inc. for Southeast Zone 2024 Lead Service Lines Replacement Message: cuNSTRucnoN1 DATE: May 08, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement Addendum 1 has been issued for the above -referenced project. Please click above to "View Plans" and to download the addendum. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruction.cem demo@email.com 574-271-7800 U11111149imowl 1,1 i 1 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECT/LOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CLICK HERE -or- go to www.hrpplanroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 06/13/2024 via email johnk@hrpconstruction.com. Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. Box 266 South Bend, IN 46624-0266 FAX 574-271-0524 Note: This message was sent from an Automated Project Messaging System. If you do not wish to receive these emads, please contact the Sender or visit https:/A r ,hrpplanroom.comtootoui to remove i yourself from our system. Exported: 5/10/2024 3:04:43 PM Subject: Addendum 2 Notification from 11RP Construction Inc. for Southeast Zone 2024 Lead Service Lines Replacement Message: ;9'1,__ i XMIDIM DATE: May 10, 2024 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement Addendum 2 has been issued for the above -referenced project. Please dick above to "View Plans" and to download the addendum. TO: Joe's Plumbing FROM: John Kramer Joseph P Lumber johnk@hrpconstruchon.com demo@emaii.com 574-271-7800 PROJECT NAME: Southeast Zone 2024 Lead Service Lines Replacement PROJECT/LOCATION: Indiana Avenue South Bend, IN 46601 PROJECT DESCRIPTION: Work includes replacement of existing lead services from the water main to the water meter of each house, and add alternates to the base bid including water main and water service replacement along Indiana Avenue, Dayton Street and Randolph Street, all more particularly described in plans and specifications. Please submit any questions to the estimator, John Kramer, prior to May 8, 2024. To access plans and specs, CLICK HERE -or- go to www.hri2planroom.com and enter Access Key: DEMOKEY123 Submit Quotes by 06/13/2O24 via email johnk@hrpconstruction.com. Equal Opportunity Employer Shipping: 5777 Cleveland Road South Bend, IN 46628-9418 Phone 574-271-7800 Mailing: P.O. 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C O CD CD S: M. wI : pi N m m, a m N$ .Z •, •Zd ..,Z Z` Z r Z Z Z fir•,•.• Z Z..... �y S 0) O1 Ai O); A O; A O) A O)� A: O;. A W A? A: O)-4 A CNn j W W-4 i Cl) Co. O ; QW)I QNI. OO) £ O Cl) 0�) N ;£ O) WO; Os O ,O rl): dO)- C> f0 Af O) J' O V£ ..... toic m} m# m mF m m; CO Co m m m: ml m m= O 0 �: -i >y -i, D -1j K; -1 n€ -1 (�; -1 _0 21 N ; CD . N N 4 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN FORM MBE-2.1 xis 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 meats the MBE qualifications. Attach additional pages If necessary. PAGE 1 OF Project Number: 123-069B MBE Participation Goal 7% 2024 Lead Service Line Replacements — Southeast Zone Main and Service Project Name: Replacement BiddSenstruction Inc. ,.W By: % WOC)U�U Matthew D. Cain, President May 14, 2024 igna re} (Title) (Date) MBE Firm SEE ATTACHED 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 07/19/2023 Contractor's Bid for Public Works - 19 HRP Construction Inc. Project Number: Project Name: Bidder: City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan 123-069B MBE Participation Goal 7.00% 2024 Lead Service Line Replacements - Southeast Zone Main and Service Replacement HRP CONSTRUCTION INC. MBE Firm 1st American Construction 1st Class Logistics, LLC Adams Enterprises, Inc. AMGI LLC Contact Phone Fax Email dalstamer@gmail.com 1stclasslogistics2013@gmail.com adamsincorporated@yahoo.com amgi@usa.com Type of Work Results David Castellanos (219) 644-5504 (574) 993-0071 (317) 809-5140 (317) 447-1524 Concrete No bid received Bernard Coutee Marcus Adams Marlon Gill Trucking Bid Received, used in bid. Estimate - $90,000.00 Trucking No bid received Pipe No bid received B First Logistics Inc. Ashley Burse (317) 316-6333 info@bfirstlogistics.com Trucking No bid received Bibbs Hauling LLC Richard Kyle Bibbs (317) 545-1704 (317) 542-1605 info@bibbshauling.com Trucking No bid received C. Lee Construction Services Inc Frederick B. Lee (219) 888-9554 (219) 888-9564 clee@cleecsi.com Trucking No bid received CBK Enterprises, Inc Krista Lee (260) 312-3397 kbay10@aol.com Trucking No bid received Cole Enterprise Trucking and Transport Conchita.Com, LLC Concrete Creations, LLC Brandon Cole Emanual Newman Antonio Alexander (317) 496-8268 Brandon.cole20l7@outlook.com e.t.newman5656@gmail.com (574) 936-6203 showtime936@yahoo.com Trucking Trucking Concrete No bid received No bid received No bid received Conley Custom Trucking, LLC Sara Conley (219) 819-1993 sara@conleycustomtrucking.com Trucking No bid received Cornerstone Construction Group LLC Nakia Lunn Rob Fisher (800) 670-7753 contact@cornerstone- constructiongroup.com robfisher@dadodd.com estimating@harmonconstruction.co m doug.nagel@hss-mmco.com Asphalt Plumbing Concrete MOT No bid received Declined to Quote No bid received D.A. Dodd, LLC Harmon Construction, Inc. (219) 778-4302 (219) 778-2981 Project Estimating Doug Nagel (812) 346-2048 (812) 346-2054 Highway Safety Service, Inc. (765) 474-1000 No bid received Page 1 of 3 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan MBE Firm Contact Phone (765) 586-0201 Fax Type of Email Work jjwilliamstrucks@gmail.com Trucking dispatch@jackgray.com; Aggregates sales@jackgray.com kanditransports@gmail.com Trucking Results No bid received No bid received J&J Williams Trucking LLC Jack Gray Transport, Inc. K & I Transports, LLC James Williams Sales Rodney Davis (219) 938-7020 (317) 787-1591 No bid received Kennedy Expressline Marcus Northern (574) 876-8881 (574) 272-2302 kennedyexpressline@yahoo.com Trucking Bid Received, not low bidder Rental rate quote Kid Glove Services LLC Linne Brothers Landscaping Molina Concrete Construction I Timothy Harris Leo Linne (Rivera) (317) 523-2229 tharris@hflog.com linnebros@yahoo.com Trucking Landscaping No bid received (812) 322-5058 No bid received Alfonso Molina (317) 480-4286 donna@molinaconcrete.com Concrete No bid received Myers Builders Arthur Pollard (219) 455-0126 myersbuilders25@yahoo.com Concrete No bid received Nubian Transport Management, Inc. Oatts Trucking, Inc. Deborah D. Oatts (317) 545-4285 (317) 546-7005 (317) 591-7239 doatts@nubianconstructiongroup.co m nkeeylen@oattstrucking.com Trucking Trucking No bid received Nathan Oatts (317) 546-7022 No bid received PKS Construction Inc Neeta Pulliam (317) 354-1070 (317) 354-1237 info@pks-construction.com Concrete No bid received R & D Construction 1 Inc. Juan Hernandez (219) 902-3897 (219) 627-1517 juanhernandez1133@yahoo.com Asphalt No bid received Re -Creation by Renovation Eles Shurn III Rivers Resources LLC Eddie Rivers (574) 876-8861 shurneman@yahoo.com brooke.endres@riversresources.net Jeremy@sjexcavation.com; Shanty@sjexcavation.com Trucking Landscaping No bid received (317) 572-5028 No bid received S & J Excavation and Shantilla Morrow Concrete (812) 498-6989 Concrete No bid received Scruggs Construction, Inc. Monty Scruggs (812) 528-8178 montscruggs@scruggsconstructioni nc.com Concrete No bid received Southpaw Logistics, LLC Tyrome Jones (574) 302-7355 Southpawlogistics14@gmail.com Trucking No bid received Page 2 of 3 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Inclusion Program Plan MBE Firm Contact Phone (219) 714-4100 Fax Email Sullivan Transportation INC Taylor Maid Trucking, LLC TMC Contractors, Inc. George Hargis Ricky Taylor Kevin george@sullivanti.com rttaylormaidtrucking@gmail.com; rickyataylor19@gmail.com tmccontractors@comcast.net (574) 325-5050 (312) 656-8190 Tomcat Trucking LLC Stephen Richardson (317) 383-6220 (317) 292-9138 stvrchrdsn46@aol.com UpFront Trucking and Monique Barnett (317) 418-5560 1 1 mdburnett612@hotmail.com Hauling, LLC Attachment to Form MWBE-2.1 Work Results _ Trucking No bid received Trucking No bid received No bid received Concrete Trucking No bid received Trucking No bid received V & R Trucking, Inc. Veda Godette (574) 234-1268 (574) 234-0748 rfightingirish@aol.com Trucking Bid Received, not low i Rental rate quote White River Hauling LLC Matthew Griffin (317) 250-1306 matt@whiteriverhauling.com Trucking No bid received Page 3 of 3 CITY OF SOUTH BEND MINORITY AND WOMEN BUSINESS ENTERPRISE INCLUSION PROGRAM PLAN 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 verity whether any listed woman -owned business meets the WBE qualifications. Attach additional pages if necessary. PAGE OF Project Number: 123-069B WBE Participation Goal 50/o 2024 Lead Service Line Replacements — Southeast Zone Main and Service Project Name: Replacement Bidde : P uction Inc. By Sign ure) Matthew D. Cain, President May 14, 2024 (Title) (Date) ME Firm SEE ATTACHED Owner or Contact at ME Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE ME FIRM: ME Firm Owner or Contact at ME Firm Telephone: Fax: Email: TYPE OF WORK SOLICITED FOR THIS PROJECT: RESULTS OF CONTACT WITH THE ME FIRM: Version 07/1W023 Contractor's Bid for Public Works - 20 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan Project Number: Project Name: Bidder: 123-069B WBE Participation Goal 2024 Lead Service Line Replacements - Southeast Zone Main and Service Replacement HRP CONSTRUCTION INC. WBE Firm Contact 3D Company, Inc. Erin Brooks Airmarking Company, Inc. (CE Hughes) Nick Relias B First Logistics Inc. Ashley Burse Bott Mechanical Company, Inc. Lisa Bott BUC Construction Supply, Inc. Teresa Butler Budd Mechanical Systems Dana Booth Busch Landscaping, LLC Melodie Busch C & R Construction & Lacy Crosier Consulting, LLC. C.A. Fulkerson, LLC Carol Fulkerson CDK Co LLC Catherine Kissel Christine Concrete Christine Meinders Circle "R" Mechanical, Inc. Linda Fogus CTS Inc. Cathy Jo Houston CLS Industries, Inc. Carolyn Short Columbus Transport, Inc. Betty Finke Conley Custom Trucking, Sara Conley LLC 5.00% Phone (765) 288-3326 Fax Email ebrooks@3dcompanyinc.com; estimating@3dcompanyinc.com Work Concrete Results No bid received (574) 223-5817 (574) 223-7959 nick@airmarking.com Pvmt. Mrkn s. No bid received (317) 316-6333 info@bfirstlogistics.com Trucking No bid received (260) 569-6777 (260) 563-2394 Ibott@frontier.com Plumbing No bid received (765) 412-3484 (219) 932-8307 tc@bucconstructionsupply.com dbooth@buddmechanical.com Pipe Plumbing Bid Received, not low, Estimate - $750,786.00 (219) 931-1073 No bid received (812) 498-5800 (812) 852-5920 melodie@buschlandscaping.com Landscaping No bid received (812) 738-4493 (812) 738-4490 (crosier@crconstruction.info Asphalt Landscaping No bid received (812) 952-1777 (877) 502-2153 cafulkersonllc@aol.com No bid received (812) 363-6200 katekissel@gmail.com christine@christineconcrete.com Trucking No bid received (812) 584-7106 Asphalt No bid received (219) 787-5566 checkman@circlermechanical.com Plumbing No bid received (317) 822-3477 (317) 822-3479 cjhtrucks@yahoo.com Trucking No bid received (812) 883-4492 (812) 883-4317 cls@blueriver.net MOT No bid received (812) 376-0532 bfinke.ctran@sbcglobal.net Trucking (219) 819-1993 sara@conleycustomtrucking.com Trucking No bid received No bid received Page 1 of 4 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan WBE Firm Contact Phone I Fax Email Work Results Dotlich Trucking & Annie Dotlich (317) 852-2692 (317) 852-6279 annie@digdotlich.com Trucking No bid received Excavating, Inc. DWD Company LLC DaNae Spangler (317) 339-4303 danae@dwdcompany.com Trucking No bid received Lori Rushin lorirushin@aol.com (317) 535-6174 MOT No bid received Eilts Consulting Services, Inc. Fletcher's Trucking Limited Denise Fletcher (219) 869-0633 denise.fletcher85@gmail.com Trucking No bid received Go-Ko, Inc admin@gokoinc.com Linda Kopetsky (317) 787-4285 Trucking No bid received (317) 541-2727 peggy@gridlocktraffic.com Gridlock Traffic Systems, Margaret Schleter MOT No bid received Inc. HASCO, Inc. Carla Merrill (317) 769-7283 carla@hascoinc.com Pvmt. No bid received Mrkn s. Hubinger Landscaping Corp Donna Hubinger (219) 662-9911 donna@hubingers.com Landscaping No bid received Indiana Sign & Barricade, Amy Zakutansky (317) 377-8000 (317) 377-8008 kfaulkner@lndianaSB.com; MOT No bid received Inc. azakutansky@indianasb.com; cokeefe@indianasb.com Indiana Traffic Services Julie Sobczak (317) 891-8065 (317) 891-7248 julies@indianatrafficservices.com MOT No bid received J. R. Kelly Company, Inc. Elizabeth Spencer (765) 772-3991 betsy@jrkellyco.com Concrete No bid received Sales Jack Gray Transport, Inc. (219) 938-7020 dispatch@jackgray.com; Aggregates No bid received sales@jackgray.com JJ's Concrete Construction Janet Wagler (812) 636-0173 jwagler@jjsconcrete.com Concrete No bid received LLC King's Trucking & Linda King (812) 522-6973 (812) 523-8484 linda@kingstrucking.net Concrete No bid received Excavation, Inc KT Trucking, Inc. Vicky Springer (260) 359-9480 (260) 224-6419 vsspringer@hotmail.com Trucking No bid received L&L Bulk Transport, Inc. (317) 458-0803 (317) 458-0798 dawn@llbulktrans.com Aggregates No bid received Dawn Littleton Trucking No bid received Laura Kopetsky Tri-Ax, Inc. Amie Martens (317) 788-7825 amie@laurakopetsky.com; _ sales@laurakopetsky.com LCK Trucking LLC Nancy Knox (765) 348-3080 nancy@lcktrucking.com Trucking No bid received Page 2 of 4 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan WBE Firm Contact Phone (866) 504-3343 Fax Email Work Landscaping Results Bid Received, used in bid, Estimate - $28,083.00 Modern Edge LLC Drew Sarkisian (219) 531-1411 dsarkisian@modernedgellc.com Mofield Property Services, Inc. Amy Feikes (219) 362-7610 I amy@warmfloors4u.com; fbodirect warmfloors4u.com Landscaping No bid received Montgomery Trucking Inc., of Indiana Nash & Son's Trucking Company, Inc. Karen Montgomery (260) 312-2632 (765) 281-0424 0) 444-4069 r karenmontgomery56@hotmail.com stacinash@nashandsonstrucking.or Trucking No bid received Staci Nash (765) 281-0424 Trucking No bid received Nubian Transport Mana ement, Inc. Deborah D. Oatts Barbara Iddings (317) 545-4285 (317) 591-7239 (219) 663-5210 doatts@nubianconstructiongroup.co m letitsnowpbs@aol.com r.pittman@pittmangroupsllc.com; ste hanief1983 mail.com Trucking No bid received PBS Enterprises LLC (219) 663-5210 Trucking No bid received Pittman Concrete Contractors LLC Stephanie Ford (812) 675-1925 Concrete No bid received PKS Construction Inc Neeta Pulliam (317) 354-1070 (219) 746-9217 (317) 354-1237 info@pks-construction.com plinainc@sbcglobal.net Concrete No bid received Plina, Inc. Bessie Kilgore Trucking No bid received S & J Excavation and Concrete S & S Keller Construction, Inc Shantilla Morrow Patricia Keller Sandra Smith (812) 498-6989 1 Jeremy@sjexcavation.com; Concrete Shanty@sjexcavation.com patricia@sskeller.com Concrete sandy@sancorptrucking.com Trucking No bid received (260) 200-1121 (219) 299-6830 (260) 200-1196 No bid received SAN Corporation (219) 662-2788 No bid received Slusser's Green Thumb John Williamson Solid Finish Construction, Janella Prilaman Inc. State Barricading Inc. James R Michalski Statewide Trucking, Inc. Marie Graves Tiger Concrete Lisa Miller Construction, Inc. TJ Materials LLC Terri Clark UpFront Trucking and Monique Barnett Haulina. LLC (800) 762-7442 (574) 722-2993 jdw@slussers.com Landscaping Bid Received, not low, Estimate (574) 699-7249 solidfinish@live.com Concrete (574) 287-2078 (574) 287-1744 statebarricade1 @aol.com MOT (260) 478-1651 office@statewidefw.com Trucking (317) 244-1962 (317) 789-9901 tigerconcrete@tigerconcrete.net Concrete (219) 712-9579 (219) 270-3297 terri.tjmaterials@yahoo.com Trucking (317) 418-5560 mdburnett612@hotmail.com Trucking No bid received Bid Received, used in bid $55,014.00 No bid received No bid received No bid received No bid received Page 3 of 4 HRP Construction Inc. City of South Bend Minority and Women Business Enterprise Attachment to Form MWBE-2.1 Inclusion Program Plan WBE Firm Contact Phone (574) 234-1268 Fax Email Work Trucking I Results V & R Trucking, Inc. Veda Godette (574) 234-0748 rfightingirish@aol.com Bid Received, not low Rental rate quote No bid received Victory Trucking & Supply, Inc. Becki Fredrick (260) 357-3911 (260) 357-6883 beckif@victorytrucking.com Trucking Victory Trucking DBA Three Rivers Barricade W.R. Beach, Inc. Eldon Byler (260) 436-1611 (260) 432-3453 Eldonb@3riversbarricade.net wrbeachinc@att.net MOT No bid received Phyllis McKnight (317) 787-1591 (317) 787-2011 Trucking No bid received Zipps Asphalt, LLC Brynn Zipp (317) 495-4441 zippsasphalt@comcast.net (Asphalt INo bid received Page 4 of 4 V.r-AIA Document A310T"" —2010 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HRP Construction Inc. of business) Fidelity and Deposit Company of Maryland PO Box 266 300 S. Riverside Plaza, Suite 2100 This document has important legal South Bend, IN 46624-0266 Chicago, IL 60606 consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion ormodification. City of South Bend Board of Public Works County -City Building Room 1316, 227 West Jefferson Blvd Any singular reference to South Bend, IN 46601 Contractor, Surety, Owner or BOND AMOUNT: other party shall be considered Five Percent of the Total Bid 5% of Total Bid plural where applicable. PROJECT: (Name, location or address, and Project number, if any) 2024 Lead Service Lines Replacement Southeast Zone, Project No. 123-069B 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 specified 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 mull 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 tens 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 Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 9th day of May 2024 (Witness) gancy Kn Pik, Vice President (Witness) (Title) Matthew D. Cain, President (Surety) (Title) Jennif L. Kasznia!At omey4n-Fact (Seal) RMI CAUTION: You should sign an original AIA Contract Document, on which tyt text appears in RED. An original assures that changes will not be obscured. (/ Init AIA Document A310TM — 2010. Copyright ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William J. CERNEY, III, Nicole L. BICKNELL, Jennifer L. KASZNIA, Pamela S. HIGGINBOTHAM, Megan E. RIESENBERG, Faith D. HUNT, Mark E. WOBBE, Barbara E. PEARSON, and Theresa M. BURNS, of South Bend, Indiana, Sandra L. JUNK, and Jordan M. SCHEIBER, of Fort Wayne, Indiana and Wesley L. MANTOOTH, and Lisa M. THOMAS, of Indianapolis, Indiana, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of September, A.D. 2021. ,pxsa�gr, gx,,,nafie+e tNilFArf4q +xtiitN+N4� +�+r grttiN%{,�d�' folk" By: By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 17th day of September, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. vsv�'rnsiet�ty�$ J a Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, acid the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of May 2024 �� •- UAL Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfcl ai msgzuri chna.com 800-626-4577 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? When Contract Amount Class of Work Completed Name and Address of Owner 2,166,785.00 Lift Station, Force Main Sani Swr 2023 Airport Road Lift Station & Forcemain, City of Warsaw 1,832,217.00 Earthwork, Capping Existing.Landfill 2023 Beck's Lake LaSalle Park EPA, City of South Bend 2,333,109.00 Sanitary Storage Tank 2023 Wakarusa CSO, Town of Wakarusa 3,399,376.00 Storm, Water, Rd Reconstruct 2023 Monroe Manor Swr Separation, Ph 2 & 3 City of LaPorte 2. What public works projects are now in process of construction by your organization? When to be Contract Amount Class of Work Completed Name and Address of Owner 7,270,000.00 Lift Station 2024 Goshen E College Ave Roadway Loop & LS City of Goshen 3,488,160.00 Storm, Sanitary, Water 2024 R-40477-B SR 5, Shipshewana, Rieth- Riley Construction 6,225,630.00 Sani, Strm, Wtr, Rd Reconstruct 2024 R-41148-B Hawpatch, INDOT 3,292,000.00 Storm, Water, Pvmt Reconstruct 2024 CSO 023A LTCP, City of Mishawaka Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List referenced from private firms for which you have performed work. Barton Malow Companv. Detroit. MI Panzica Building Corporation; South Bend, IN Larson -Danielson Construction Company; LaPorte IN Rieth-Riley Construction Co., Inc.; South Bend, IN Pepper Construction; Dublin, OH HRP CONSTRUCTION INC. responses to SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Our intent would be to start the work after receiving a contract and Notice to Proceed per project documents. We would perform our work per a schedule approved by the owner and/or owner's representative. 2. A partial listing of subcontractors used in the past five (5) years. Further information will be submitted if deemed necessary. Asphalt and Concrete Milestone Contractors North E&B Paving Premium Concrete Pioneer Associates Rieth-Riley Construction Bores & Directional Drilling S & S Directional Lowe Construction Midwest Mole Electrical & Traffic Controls Bender Electric Current Electric Michiana Construction State Barricading Traffic Control Specialists Hauling Bettcher Trucking V&R Trucking Grandson Trucking Landscaping Fuerbringer Landscaping Hydro-Tek Seeding Inc. Slusser's Green Thumb Acorn Landscaping Dewatering Contract Dewatering Service Griffin Dewatering Diversified Dewatering Mersino Dewatering 3. We do intend to sublet various portions of this work. However, at this time, we are not certain who the subcontractors would be. If we are awarded this contract, we would furnish you with the names of all subcontractors. 4. We intend to first use equipment from our fleet of twenty excavators, thirteen front-end loaders, etc. To the extent necessary, we would rent, lease, or purchase any other equipment needed. 5. We have received offers for all materials within pricing used in preparing for bid. owweup Independent Member Crowe Global INDEPENDENT AUDITOR'S REPORT Board of Directors and Shareholder HRPConstruction Inc. South Bend, Indiana We have audited the balance sheet ofHRP Construction Inc. as of December 31.2023, and the related notes bzthe financial statement. In our opinion, the accompanying financial statement presents faidy, in all material neapacte. the financial position of HRP Construction Inc. as of December 31. 2023. in accordance with accounting principles generally accepted inthe United States ofAmerica. Basis for Opinion We conducted our audit in accordance with auditing standards generally accepted in the United States of Annohoo (GAAS). Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statement section of our report. We are naqu}nad to be independent of HRP Construction Inc. and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating bzour audit. \Nebelieve that the audit evidence vvohave obtained ia sufficient and appropriate to provide basis for our audit opinion. Responsibilities of Management for the Financial Statement Management is responsible for the preparation and fair presentation of this financial obshamnent in accordance with accounting principles generally accepted in the United Sbabso of America; and for the das|gn, imnp|enlentaUon, and maintenance of internal control relevant to the preparation and hair presentation of the financial statement that is fuam from mabaho| miuebatennant, whether duo to fraud or error. Auditor's Responsibilities for the Audit mfthe Financial Statement Our objectives are to obtain reasonable assurance about whether the financial statement as a whole is free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore |o not a guarantee that an audit conducted in 0000ndonne with GAAG will okwoym detect a nnobario| misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from ennr, as fraud may involve collusion, hmr0ary' intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based onthe financial statement. In performingonaudit inaccordance with G/AS.we: * Exercise professional judgment and maintain professional skepticism throuQhouttheaudit w Identify and assess the risks of material misstatement of the financial statement, whether due to fraud orerror, and design andporfonnemditonouadureanaaponmivetothoeehoka.8uohpnzceduraeinn|uda examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. * Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the oirounnsbencee, but not for the purpose of expressing on opinion on the effectiveness ofHFlp Construction |no.'a internal control. According|y, no such opinion is expressed. m Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting emUmobse made by monegemont, as well as evo|uohs the uvensU presentation of the financial statement. * Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about HRP Construction |nc.'s ability tocontinue ao o going concern for reasonable period oftime. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control —related matters that vweidentified during the audit. C� �r�r=' ^�'�^� Crowe LLP Indianapolis,Indiana 2 Attachment A Required Contract Provisions Related to Nondiscrimination and Equal Opportunity Employment Below are required contract conditions that apply to all Clean Water and Drinking Water State Revolving Fund projects and contains forms that must be used in the procurement process. This must be physically included in all bidding and contract documents. This project is being financed in whole or in part by the Indiana State Revolving Fund Loan Programs. The loan recipient is required to comply with the following federal and state laws, rules and regulations and must ensure that their contractor(s) also comply with these regulations, laws and rules. 1. Title VI of the Civil Rights Act of 1964 (P.L 88-352), the Rehabilitation Act of 1973 (P.L. 93-1123, 87 Stat. 355, 29 U.S.C. Sec. 794), the Older Americans Amendments of 1975 (P.L. 94-135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 2. Executive Orders 11246, as amended by Executive Orders 11375 and 12086 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 3. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements 4. Executive Orders 11625, 12138 and 12432; 40 CFR part 33; Section 129 of P. L. 100-590 Small Businesses Reauthorization & Amendment Act of 1988; Public Law 102-389 (42 U.S.C. 437d); a 1993 appropriations act ("EPA's 8% statute"); Public Law 101-549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ("EPA's 10% statute"). Encourages recipients to award construction, supply and professional service contracts to minority and women's business enterprises (MBE/WBE) and small businesses and requires recipients to utilize affirmative steps in procurement. 5. Executive Order 12549 and 40 CFR Part 32, Subparts B and C. Prohibits entering into contracts or sub -contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 at www.sam.gov 6. Indiana Code 36-1-12-12, Requires the board to withhold final payment to contractor until the contractor has paid the subcontractors, material suppliers, laborers, or those furnishing services 7. Indiana Code 36-1-12-13.1, requires performance and payments bonds equal to 100% of the contract price if the cost of the public work is estimated to be more than $200,000. Updated 4/2022 Attachment A Equal Employment Inclusion of these seven clauses is required in all contracts and subcontracts over $10,000 (excerpt from Executive Order No. 11246, Section 202 as amended by Executive Order 11375 and 12086): 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 during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's 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 Sept. 24, 1965, and all of the rules, 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 Sept. 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. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, 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. 1 ] 246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. Updated 4/2022 Attachment A 7. The contractor will include 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 No. 11246 of Sept. 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 may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Updated 4/2022 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term segregated facilities means any waiting rooms, work areas, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nation origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files. MaySignature Date Matthew D. Cain, President Name and Title of Signer (Please type) HRP Construction Inc. Firm Name NOTE: The penalty for making false statements in offers is prescribed in 1$ U.S.C. 1001. OEE-1 (11/79) NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOYMENT TO: Operator's Local 150, Laborer's Local 645 and all other interested parties (Name of union or organization of workers) The undersigned currently holds contract(s) with (Name of Applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontract(s) and in accordancewith ExecutiveOrder 11246, as amended, dated September 24,1965, as amended, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION, RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT, TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract(s) or subcontract(s) and Executive Order 11246, as amended. Copies of this noticewill be posed by the undersigned in conspicuous places available to employees or applicants for employment. OEE-2 (11179) HRP Construction Inc. (Contractor or Subcontractor) May 14, 2024 (Date) affu�k— Matthew D. Cain, President Attachment B Required Contract Provisions Related to Davis -Bacon Act and Related Acts Provisions substantially like the following shall be included in each procurement contract far the actual construction, attention and/or repair, including painting and decorating. The SRF Applicant shall remain responsible for compliance with applicable law (including Davis Bacon and related Acts). Such SRFApplicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRFApplicant from its obligation to comply with applicable law (including Davis Bacon and related Acts) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State oflndiana be responsible for or limited by any SRF Applicant's use of the following provision. (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in 29 CFR 5.5 the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in Section (4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (1)(ii) of this section) and the Davis Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) Frequently recurring classifications. (A) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in part 1 of this subtitle, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for Updated 12/2023 Attachment B classifications of laborers and mechanics for which conformance requests are regularly submitted pursuant to paragraph (a)(1)(iii) of this section, provided that: (1) The work performed by the classification is not performed by a classification in the wage determination for which a prevailing wage rate has been determined; ( 2) The classification is used in the area by the construction industry; and ( 3) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage detennination. (B) The Administrator will establish wage rates for such classifications in accordance with paragraph (a)(1)(iii)(A)( 3) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification. (iii)(A) The [SRF Applicant], on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is used in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) The conformance process may not be used to split, subdivide, or otherwise avoid application of classifications listed in the wage determination. (C) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the [SRF Applicant] agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the [SRF Applicant] to the Authority. The Authority will transmit the report to DBAconformance@dol.gov. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the State award official or will notify the State award official within the 30- day period that additional time is necessary. (D) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the [SRF Applicant] do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the Updated 12/2023 Attachment B recommendation of the State award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30- day period that additional time is necessary. (E) The contracting officer must promptly notify the contractor of the action taken by the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph (a)(1)(iii)(C) or (D) must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iv) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof. (v) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in section 5.28, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (vi) In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages. (2) Withholding. (i) The [SRF Applicant], must, upon its own action or upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages required by the clause set forth in paragraph (a)(1) of this section and monetary relief for violations of paragraph (a)(11) of this section of this contract, including interest, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis -Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon prevailing wage requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency. In the event of a contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work (or otherwise working in construction or development of the project under a development statute) all Updated 12/2023 Attachment B or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph (a)(3)(iv) of this section, the (Agency) may on its own initiative and after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (ii) The Department has priority to funds withheld or to be withheld in accordance with this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-390T (3) Payrolls and basic records. (i) Basic record requirements (A) All regular payrolls and other basic records must be maintained by the contractor and subcontractor during the course of the work and preserved for all laborers and mechanics working at the site of work (or otherwise working in construction or development of the project under a development statute) for a period of three years after all the work on the prime contract is completed. (B) Such records must contain the name, Social Security number; last known address, telephone number, and email address of each such worker, each worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours actually worked in total and on each covered contract; deductions made and actual wages paid. (C) Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the Davis -Bacon Act, the contractor must maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. (D) Contractors with apprentices working under approved programs must maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs. Updated 12/2023 Attachment B (ii)(A) The contractor or subcontractor must submit weekly, for each week in which any DBA or related Acts covered work is performed, certified payrolls to the [SRF Applicant], that is, the entity that receives the subgrant or loan from the State capitalization grant recipient. The prime contractor is responsible for the submission of copies of certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the [SRF Applicant] shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. (B) The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and last known addresses, telephone numbers, and email addresses must not be included on the weekly transmittals. Instead, the payrolls need only include an individually identifying number for each worker (e.g., the last four digits of the employee's social security number). The required weekly certified payroll information may be submitted using Optional Form WH-347, or any other format desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at hops:11www.do1.govYYes1WHD/7eY c /y lles/wh347,or its successor site. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the sponsoring government agency (or the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records). (C) Each certified payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working under the contract, and must certify the following: (1) That the certified payroll for the payroll period contains the information required to be provided under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information and basic records are being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; and Updated 12/2023 Attachment B (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually performed, as specified in the applicable wage determination incorporated into the contract. (D) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (E) The signature by the contractor, subcontractor, or the contractor's or subcontractor's agent, must be an original handwritten signature or a legally valid electronic signature. F) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section I001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The contractor or subcontractor must maintain this contract or subcontract, and related documents including, without limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed. (iv) The contractor or subcontractor must make the records required under paragraph (3)(i) through (iii) of this section and any other documents that the Authority, EPA, or the Department of Labor deems necessary to determine compliance with labor standards provisions of any of the applicable statutes referenced by 29 CFR 5.1, available for inspection, copying, or transcription by authorized representatives of the Authority, EPA or the Department of Labor, and must permit such representatives to interview workers during working hours on the job. (B) If the contractor or subcontractor fails to submit the required records or to make them available, or to permit worker interviews during working hours on the job, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available or to permit worker interview during worker hours on the job, may be grounds for debarment action pursuant to 29 CFR 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to the Wage and Hours Division (WHD) within the time WHD requests that the records be produced, will be precluded from introducing as evidence in an administrative proceeding under part 6 of this subtitle any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the contractor or person for an extension of the time for submission of records. WHD will determine the reasonableness of the request and may consider, among other things, the location of the records and the volume of production. Updated 12/2023 Attachment B (C) Contractors and subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the Authority and EPA, if the agency is a party to the contract, or to the Wage and Hour Division of the Department of Labor. If the Federal agency is not such a party to the contract, the contractor or subcontractor, or both, must upon request provide the full Social Security number and last known address, telephone number, and email address of each covered worker to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the (write in name of agency), the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action. (4) Apprentices and trainees. Apprentices. (A) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship(OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, , will be permitted to work at less than the predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (B) Fringe Benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that determination. (C) The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed an a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program must be paid not less than the applicable wage rate on the wage determination for the work actually performed. (D) Reciprocity of ratios and wage rates Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. Every apprentice Updated 12/2023 Attachment B must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyworker hourly rate specified in the applicable wage determination. (ii) Equal employment opportunity. The use of apprentices and journeyworkers under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (11) along with the applicable wage determinations(s) and such other clauses as the Authority and EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.1n the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and may be subject to debarment, as appropriate. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of of 40 U.S.C. 3144(b) 29 CFR 5.12(a)(1). Updated 12/2023 Attachment B (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 U.S.C. 1001 (11) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or part I or 3 this subtitle; (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or part i or 3 of this subtitle; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or part 1 or 3 of this subtitle; or (iv) Informing any other person about their rights under the DBA, Related Acts, this part, or part 1 or 3 of this subtitle. (b) (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen and guards shall require or permit any such laborer, mechanic, watchman or guard in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer, mechanic, watchman or guard receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in the above paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman or guard employed in violation of the clause set forth in the above paragraph (b)(1) of this section, in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in the above paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The [SRF Applicant], upon its own action or upon written request of the EPA Award Official or an authorized representative of the Updated 12/2023 Attachment B Department of Labor, withhold or cause to be withheld, from the contractor under this contract so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for unpaid wages and monetary relief, including interest, required by the clauses set forth in paragraphs (b)(2) and (5) of this section and liquidated damages for violations of paragraph (b)(2) of this section or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis - Bacon prevailing wage requirements, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis -Bacon prevailing wage requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency. (ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(b)(1) through (5) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5)._ In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages, and may be subject to debarment, as appropriate. (5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any Updated 12/2023 Attachment B person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: (i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; (ii) Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting on behalf of themselves or others any right or protection under CWHSSA or part 5 of this title; (iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or (iv) Informing any other person about their rights under CWHSSA or this part. (c) In addition to the clauses contained in paragraph (b), above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the [SRF Applicant] must insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers, and mechanics, including guards and watchmen working on the contract. Such records shall contain the name last known address, telephone number, email address; and social security number of each such worker each worker's correct classification(s) of work actually performed, hourly rates of wages paid, daily and weekly number of hours actually worked, deductions made, and actual wages paid. Further, the [SRF Applicant] shall insert in any such contract a clause providing that the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Authority, EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. [29 CFR 5.5] (d) Incorporation of contract clauses and wage determinations by reference. Although agencies are required to insert the contract clauses set forth in this section, along with appropriate wage determinations, in full into covered contracts, and contractors and subcontractors are required to insert them in any lower -tier subcontracts, the incorporation by reference of the required contract clauses and appropriate wage determinations will be given the same force and effect as if they were inserted in full text. (e) Incorporation by operation of law. The contract clauses set forth in this section, along with the correct wage determinations, will be considered to be a part of every prime contract required by the applicable statutes referenced by § 5.1 to include such clauses, and will be effective by operation of law, whether or not they are included or incorporated by reference into such Updated 122023 Attachment B contract, unless the Administrator grants a variance, tolerance, or exemption from the application of this paragraph. Where the clauses and applicable wage determinations are effective by operation of law under this paragraph, the prime contractor must be compensated for any resulting increase in wages in accordance with applicable law. Updated 12/2023 z c 82 0 ozt mM ❑ m m c c NO. OF WTHHOLOWC EXEMPTIONS 0 A m z m z 0 N 0 N 0 N O N O N O N O OT. OR ST. C z 0 m —0— 00 0 0 q a 0 G) AH z rA I En O 3: m m 0-4 T 0 z p mDM-4 rn (n A E C, CL a th 0 k ot 9 9.:�'° 9 ti w'!� s 3. 3.� � �N 3� a� ��� ❑ 8p� 3g o m Xo�i2Tp ° � n NEpp a o:r �iv �0 ¢ m � w Gz,3• W Q tT a w S_ m 77nn W «AA 1 O rn �p �c m T" 755 .�° mn �$,. 3.�c cwna avINC1,P San 2.v,a fl�mae_S C ST?n' o ff to Oz S 4 c St7 a'Sg� 2 °$; a Ev a gr ; n ° Ot M.0� N a C 01a(nN �QaQ 41 �J' a $j G° CD ro GL N v K 0 gl N 3 nai ifitD may.° m "ia 3 '�' � o� � 3 3h 47 Win_. Add tinn a' p co O w O. a' �p ASS (D _ n �. CD N Y5 4 fD co N O f 0p1 {p . a N CL O FA cn m �Eim m n m yy U 1 m Co> z --,r 40 mn� m m � 5 � 1 m� 2 (boo 0;m n T 'p :t1 = Qm R Dm �m 2N m D mco N mm I U m > $ cn 0 T mmx mx m b _m co' Z Q 2pi m z z q� Q°� Q Nz m m I O tzn obi 0 C m m m z m m z m M D� m CJ z D lf7 x Attachment C Required Contract Provisions Related to Wage -Fringe Benefit Certification Required Wage/Fringe Benefit Certification A provision substantially like the following shall be included in each contract between SRF Applicant and a contractor for work related to the Project. A copy of the WagelFringe Benefit Certification referenced in the below provision is attached hereto. Additional copies may be obtained from the Indiana Finance Authority. Davis -Bacon Wage/Fringe Benefit Certification (a) Every contractor and subcontractor furnishing work on the Project shall complete a Wage/Fringe Benefit Certification on the form approved by the Indiana Finance Authority and submit this certification to the Labor Standards Administrator prior to commencing work on the Project. (b) The Contractor shall require the substance of this provision to be included in all contracts with subcontractors. Updated 4/2022 CD 1* (a m cr "n CD to0) a) CD coo Vl 0 E; 013 C m ro a) Co ay tyro '0 0(0 co -n (D :3 Z) CD to CD w 0 =3 0 CO cr 0 0 c ic c z 0 C— m 0 o "n a) on 0 c 0 Bi ;I %# ly ell. 0 Attachment D Required Contract Provisions Related to Disadvantaged Business Enterprise (DBE) Efforts Borrowers and their prime contractors must follow, document, and maintain documentation of their good faith efforts to ensure that Disadvantage Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities; including placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could be subcontracted with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. S. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U. S. Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the steps in numbers 1 through 5 above. Required Contract Conditionj These conditions must be included in all procurement contracts entered into by the loan recipient for all projects: I . The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the loan recipient. 2. The prime contractor must notify the loan recipient in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts when soliciting a replacement subcontractor. 4. The prime contractor must employ the six good faith efforts even if the prime contractor has achieved its fair share objectives. Updated 4/2022 Attachment D S. Each procurement contract signed must include the following term and condition: "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." Updated 4/2022 z D) 9 m O CL (D 0 o ro ro cr m (D ki) to CL m =r Z 0 CL CL ,A M C = C7 CL 3. m 0 CL 0 (A 0 sro 04 Ck. (D CL w 0 c M O o 0 Im ct 0 0 0) CL V 0 CN CL 0 4 4A =r 0 c CL V m ro n 0 CL Gi 0 0 m ,n 0 "M 23 tA L-J 4A m c LA z m &A Ul m z 4 m V m Im m Attachment E Required Contract Provisions Related to Suspension and Debarment A provision substantially like the below shall be included in each procurement contract related to the Project. The SRFApplicant shall remain responsible for compliance with applicable law (including Suspension, Debarment, and Other Responsibility Matters). Such SRF Applicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRF Applicant from its obligation to comply with applicable law (including Suspension, Debarment, and Other Responsibility Matters) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRFApplicant's use of the following provision. Contractor shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Contractor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Contractor may access the Excluded Parties List System at www.epis.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility matters." Updated 4/2022 Attachment F Required Bid Instruction Related to GPR Components A provision substantially like the following shall be included with the instructions to Bidders if U.S. EPA Green Project Reserve (GPR) components are included in this Project. The SRF Applicant shall remain responsible for compliance with applicable law. Such SRFApplicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the fallowing does not relieve the SRFApplicant from its obligation to comply with applicable law and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Program, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRFApplicant's use of the following provision. U.S. EPA Green Project Reserve Program Certain portions or components of this Project, which are described in the GPR Bid Breakdown form furnished with the Bid Documents, qualify for the U.S. EPA Green Project Reserve (GPR) Program and/or the Sustainability Incentive offered by the Indiana State Revolving Fund (SRF) Goan Program. Bidder shall complete the GPR Bid Breakdown form and submit the completed form with its Bid. This information is required by the U.S. EPA and the Indiana SRF Program and Bidder's failure to fully and accurately complete the GPR Bid Breakdown form and submit it with its Bid may result in the Bid being reiected as non -responsive. Updated 4/2022 Attachment I Required Contract Provisions Related to American Iron and Steel A provision substantially like the below will be included in each procurement contract when such contract involves the procurement of iron and steel to be used in the Project. The SRFApplicant shall remain responsible for compliance with applicable law (including American Iron and Steel). Such SRF Applicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRF Applicant from its obligation to comply with applicable law (including American Iron and Steel) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRF Applicant's use of the following provision. The Contractor hereby acknowledges to and for the benefit of the City of South Bend ("Owner") and the Indiana Finance Authority (the "Authority") that it understands the work, goods and services under this Agreement are being funded with monies made available by the State Revolving Fund Loan Program and such appropriation contains provisions commonly known as "American Iron and Steel" (and as such is supplemented from time to time by federal rules and guidance) that requires all of the iron and steel products used in the project be produced in the United States ("American Iron and Steel Requirements") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Owner and the Authority, and agrees, that (a) the Contractor has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the project as provided by the Contractor under this Agreement will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirements and (c) the Contractor will provide any further certification or assurance of compliance with this paragraph as may be requested by the Owner or the Authority. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner and the Authority to recover as damages against the Contractor (and the Contractor shall indemnify and hold the Owner and the Authority harmless against) any loss, expense or cost (including without limitation attorney's fees) incurred by the Owner or the Authority resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the Authority or any damages owed to the Authority by the Owner). While the Contractor has no direct contractual privity with the Authority, as a lender to the Owner for the funding of its project, the Owner and the Contractor agree that the Authority is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the Authority. Attachment J Required Certification from Contractor Related to American Iron and Steel A certification substantially like the below will be obtained in advance of entering each procurement contract when such contract involves the procurement of iron and steel products to be used in the Project. The SRF Applicant shall remain responsible for compliance with applicable law (including American Iron and Steel). Such SRF Applicant has been encouraged to consult with its advisors and counsel regarding such matters and, in any event, understands that the use of the following does not relieve the SRF Applicant from its obligation to comply with applicable law (including American Iron and Steel) and related provisions of any financial assistance agreement entered into with the Indiana Finance Authority, nor will the State Revolving Fund Loan Programs, the Indiana Finance Authority or the State of Indiana be responsible for or limited by any SRF Applicant's use of the following certification. CERTIFICATION I Matthew D. Cain, President of HRP Construction Inc. (Name and Title of Certifying Officer) (Successful Bidder) hereby certify and agree on behalf of the Successful Bidder as its duly authorized representative (and under penalties of perjury) that the Successful Bidder understands and agrees a material term and consideration applicable to the award and entry into a contract with the Successful Bidder by the City of South Bend related to its 2024 Lead Service Lines Replacement Southeast Zone, (SRF Applicant) (Project Name) Project No. - involves the procurement and provision of work, goods and services under a procurement contract to be entered into with the SRF Applicant is the Successful Bidder's compliance with the provisions of Section 608 of the Clean Water Act and Section 1452(a)(4)(A) of Safe Drinking Water Act commonly known as "American Iron and Steel" provisions as contained therein requiring that all of the iron and steel products used in the Project be produced in the United States ("American Iron and Steel Requirements"). The Successful Bidder hereby represents and warrants to and for the benefit of the SRF Applicant and the Indiana Finance Authority, as a lender to the SRF Applicant for the funding of its Project, and agrees, that (a) the Successful Bidder has reviewed and understands the American Iron and Steel Requirements, (b) all of the iron and steel products used in the Project as provided by the Successful Bidder under its agreement related to the Project will be produced in the United States in a manner that complies with the American Iron and Steel Requirements and (c) the procurement contract will include a provision substantially like Attachment I. I SWEAR OR AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE ABOVE STATE TS ARE R TO EST OF MY KNOWLEDGE. May 14, 2024 (Signature) (Date) Matthew D. Cain, President STATE OF Indiana SS: COUNTY OF St. Joseph Before me, a Notary Public in and for said County and State, personally appeared Matthew D. Cain , the President of HRP Construction Inc. who, being first duly sworn, acknowledged the execution of the above and foregoing instrument for and on behalf of said entity. Dated this 14 day of May X4Q - 2024 i My commission expires: C thia I Vanheste , Notary Public 03/06/2032 (Printed) County of Residence: Of SL 6. �tr,. ... ��rapGST'Ff g�hO` 1316 COUNTY -CITY BUILDING �\ \x ` x PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD lkfisFAX 574/ 235-9171 SOUTH BEND, INDIANA 46601-1830 - TDD 574/ 235-5567 CITY OF SOUTH BEND, JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Date: May 6, 2024 To: All Planholders From Theresa Heffner, Clerk, Board of Public Works Subject Addendum Number: 1 Project Name: 2024 Lead Service Line and Main Replacements — Southeast Zone Project Number: 123-069B ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: 'S -1,?/a q 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. Authorized Signature: Date: &��f � Version 4/2/2015 i�tiL'�H E .a�i,`i. 1316 C'ou�a�rv-C;rry I3tri�.i��irar, � �� �Pftoxr 574i 235-9251 227 W.JEFFERSON Bot,TEV.ARD .. trstUy,! FAX S74 235-9171 SOUTH BEND, INDIAN a 46601-1830 TDD 574/ 235-5567 CITY OF SOU"ri i BEND, JAMES MUELLER, MAYOR BOARD of PUBLIC WORKS Date: May 10, 2024 To: All Planholders From Theresa Heffner, Clerk, Board of Public Works Subject Addendum Number: 2 Project Name: 2024 Lead Service Line and Main Replacements — Southeast Zone Project Number: 123-069B Date Received: 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. • i 1 1 � i' 1 Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: A �Uh , v'�'rL,c e (& ri Autho Date: Version 4/2/2015