Bid #2022-073 Cold Patch - 6 Month Pricing

INVITATION PLEASE REFER TO BID NO. 2022-073 TO BID QUOTE NOT LATER THAN: 11/30/2022 BY 4:00 PM (EST) BID DATE: 11/16/2022 TO: FROM: VENDOR NAME: PURCHASING DEPARTMENT ADDRESS: COUNTY OF BERRIEN, MICHIGAN ADMINISTRATION CENTER 701 MAIN STREET ST. JOSEPH, MICHIGAN 49085 CONTACT: TELEPHONE #: EMAIL: PLEASE INDICATE “BID NO. 2022-073” ON OUTSIDE OF SEALED ENVELOPE TO INSURE PROPER BID PLACEMENT. DELIVERY REQUIREMENTS: AS PER SPECIFICATIONS The Berrien County Board of Commissioners reserves the right to reject any and all bids or make any deviations deemed in the best interest of Berrien County. Quality: All materials/services furnished must be the best of their respective kinds (unless otherwise specified) and will be subject to our inspection and approval after delivery. If materials are rejected it will be held for disposition at your risk and expense. QUANTITY DESCRIPTION PER M PRICE TOTAL REQUEST FOR BID ON THE FOLLOWING: CP6 Cold Patch PLEASE SEE ATTACHED SPECIFICATIONS PLEASE SEND

TWO (2) COPIES OF BID PROPOSAL QUANTITY DESCRIPTION PER M PRICE TOTAL PURSUANT TO MICHIGAN PUBLIC ACT 517 OF 2012, AN IRAN- LINKED BUSINESS IS NOT ELIGIBLE TO SUBMIT A BID FOR THIS RFP. FURTHER, EACH BID SUBMISSION MUST INCLUDE WRITTEN CERTIFICATION BY THE BIDDER THAT THE BIDDER IS NOT AN IRAN LINKED BUSINESS (SEE ATTACHED FORM). A BID SUBMISSION WITHOUT THE REQUIRED WRITTEN CERTIFICATION MAY BE REJECTED AS INCOMPLETE AND VIOLATIVE OF LAW. A SUSTAINED DETERMINATION BY THE COUNTY THAT A BIDDER HAS SUBMITTED A FALSE CERTIFICATION OF BEING AN IRAN LINKED BUSINESS MAY RESULT IN THE CANCELLATION OF AN EXISTING CONTRACT, A CANCELLATION OF INTENT TO ENTER INTO A NEW CONTRACT, AND/OR REPORTING OF THE BIDDER TO THE STATE ATTORNEY GENERAL, AND POSSIBLE FINES AND COSTS, AND BAR FROM FURTHER BIDDING ON COUNTY RFP’S FOR AN ADDITIONAL 3 YEARS, AS PROVIDED UNDER P.A. 517 OF 2012. MEMBER OF HPS (HOSPITAL PURCHASING SERVICES), STATE OF MICHIGAN MIDEAL PURCHASING PROGRAM, AND NATIONAL JOINT POWERS ALLIANCE ANY QUESTIONS REGARDING BID SPECIFICATIONS, PLEASE CONTACT Adri Boone at 269-925-1196 ext 4410 or aboone@bcroad.org ALL OTHER QUESTIONS REGARDING THE BID PROCESS, PLEASE CONTACT THE PURCHASING DEPT. AT 269-983-7111 EXT. 8295 Jake Litaker ___________________________________________________ JAKE LITAKER jlitaker@berriencounty.org FINANCIAL ACCOUNTANT/ANALYST PHONE: 269-983-7111 EXT. 8295 FAX 269-982-8668 BIDDERS NAME: ________________________________________ BIDDERS PHONE NUMBER: ________________________________ BID DATE: ______________________________________________ PROPOSAL AND SPECIFICATIONS FOR COLD PATCH PAVEMENT REPAIR MATERIAL Purchasing Department County of Berrien, Michigan Administration Center 701 Main Street Saint Joseph, MI 49085 1-269-983-7111 www.berriencounty.org BERRIEN COUNTY ROAD DEPARTMENT QUANTITY, SPECIFICATIONS & DELIVERY Bids will be received for Cold Patch Pavement Repair Material delivered to the various sites listed in the price schedule. The proposed material shall conform to the attached Quality Pavement Repair specification below. The successful bidder shall upon award of the bid, contact the Berrien County Road Department to schedule delivery. The price per TON shall include all material, freight, loading & hauling. The bidder further agrees to do the hauling during Road Department regular working hours, Monday through Friday. The quantities in the Price Schedule are estimated quantities only and may be increased or decreased with no change in the price per TON. Payment shall be by the TON. All material delivered shall have a stamped weight ticket. Handwritten tickets will not be accepted. The material is to be weighed on platform scales. The material shall be dumped at stockpile in yards. Berrien County Road Department (BCRD) will only request 50 tons of Cold Patch material to be delivered at a time to each BCRD facility. BCRD will call a request additional loads up to the original bid amount through the winter and early summer months. The bid price shall remain firm thru May 31st, 2023. SPECIAL NOTE: The Berrien County Road Department Weighmaster will check load tickets upon delivery of commodities. The Road Department WILL NOT PAY for any material above a legal load. BERRIEN COUNTY ROAD DEPARTMENT PRICE SCHEDULE COLD PATCH PAVEMENT REPAIR MATERIAL PRICE PER LOCATION TON TOTAL Benton Harbor Yard 300 Ton $_______________ $_________ 2860 E. Napier Avenue Watervliet Yard 50 Ton $_______________ $_________ 3377 Hennessey Road Eau Claire Yard 300 Ton $_______________ $_________ 760 Main Street Baroda Yard 400 Ton $_______________ $_________ 9200 Hills Road Three Oaks Yard 50 Ton $_______________ $_________ U.S. 12 East Bakertown Yard 350 Ton $_______________ $_________ 1960 Bakertown Road – S of U.S. 12 The bid price shall remain firm thru May 31st, 2023. BERRIEN COUNTY ROAD DEPARTMENT PROPOSAL It is understood and agreed that this proposal is submitted with the understanding that an award of purchase will be made on the basis of the bid on the specific material required at each location. TERMS: _____________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ REMARKS: __________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ SUPPLIER a) Name______________________________________________________________ b) Street Address______________________________________________________ c) City and State_______________________________________________________ NAME AND ADDRESS OF BIDDER NAME________________________________________________________________ STREET ADDRESS____________________________________________________ CITY AND STATE_____________________________________________________ BID SUBMITTED BY: __________________________________________________ (Authorized Signature) TELEPHONE___________________________________ DATE__________________________________________ BERRIEN COUNTY ROAD DEPARTMENT TITLE VI The Berrien County Road Department, in accordance with Title VI of Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 an Title 49, Code of Federal Regulations, Department of Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, or national origin in consideration for an award. TITLE VI CONTRACT REQUIREMENTS: During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally-assisted programs of the Department of Transportation, Title 49, code of Federal Regulations, Part 21 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulation, including employment practices when the contractor covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contactor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the BERRIEN COUNTY ROAD DEPARTMENT to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State highway department, or the Federal BERRIEN COUNTY ROAD DEPARTMENT TITLE VI Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the contractor’s non-compliance with the non- discrimination provisions of this contract, the BERRIEN COUNTY ROAD DEPARTMENT shall 6. impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. 7. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the BERRIEN COUNTY ROAD DEPARTMENT may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the BERRIEN COUNTY ROAD DEPARTMENT to enter into such litigation to protect the interests of the County, and, in addition, the contractor may request the State highway department to enter into such litigation to protect the interests of the State and/or the United States to enter into such litigation to protect the interests of the United States. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; BERRIEN COUNTY ROAD DEPARTMENT TITLE VI The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).