HomeMy WebLinkAboutOpening of Bids - Ductile Iron Pipe, Gate Valves, & Fire Hydrants - Utility Supply CompanyCITY OF SOUTH BEND INDIANA
SELLER'S BID FOR SALE OR LEASE OF MATERIALS=w- -
BID NAME Ductile Iron Pi e, Gate Valves, & Fire Hydrants
FOR BIDS DUE Aril 11 2017 at 9:30 a.m. 5
Bidder UTILITY SUPPLY COMPANY
Date- 4-10-17 (Firm):
Address: 52 SOUTH PARK AVE.
City/Statelzip: PERU, IN 46970 Telephone Number: 765 472-4398
Agent of Bidder (if Applicable):
When the prospective Contractor is unable to certify to any of theStatelnelift belOW, it shall attach art explanation to this Aff davit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTII(CATION REGARDING INVESTIVIENT 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
} SS:
4/dtl 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 not 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 [ran.
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:
Per. 13-610111S
b. As provided by Ind.. Code § 5-22-16.5-8, as amended from tine -to -tine, a Contractor
is engaged in investment activities in Iranif either;
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,004,000) 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 Iearns is an
unauthorized alien. Contractor agrees that he/shc/it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E-V&ify
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, 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 employment,
or any matter directly or indirectly related to' employment .because of race, sex, religion,
color; national origin, ancestry, age, gender expression, gender identity, sexual orientation
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 may consider the
Contractor's good faith efforts to obtain participation by those Contractors certified by the
State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
("VM ") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to
award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against
said WBENBE. A Ending of a discriminatory practice by the City's MBE/WBE
Ver. 13 — 6101115
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(To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to I.C. 36-1-12-22)
INDIANA LOCAL BUSINESS PREFERENCE CLAIM
A "local Indiana business" refers to any of the following:
(1) A business whose„ principal place of business is located In an affected county.
(2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties.
(3) A business that employs residents of affected counties as a majority of its employees.
(4) A business that makes significant capital investments In the affected counties as defined In rules adopted by the
political subdivision,
(5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules
adopted by the political subdivision.
An affected county" refers to St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph
County., Elkhart County, Marshall County, Starke County and LaPorte County
There are the following price preferences for supplies purchased from a local Indiana business:
• 5% for a purchase expected by the purchasing agency to be less than $50,000
• 3 % for a purchase expected by the purchasing agency to beat least $50,000 but less than $100, 000.
• 1 % fora purchase expected Py the purchasing agency to be at least $100, 000.
Date*
Pursuant to I.C. 36-1-12-22, claims a local Indiana business
preference for Project (Project # _} located within the City of
South Bend, St. Joseph County, Indiana.
The location of the principal place of business is
(Address)
0 St. Joseph County, Indiana
n The following county located adjacent to St, Joseph County, Indiana:.
u The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St.
Joseph County, Indiana or the adjacent county noted above.
n The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St.
Joseph County, Indiana, or the adjacent county noted above.
If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide
supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount
paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents
of -St. Joseph County and the adjacent county noted above.
WHEN SUPPLYING SUPPORTING PAYROLL RECORDS,
BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS.
Dated this day of , 20_....
ContractodBidder (Firm)
Signature of ContraotorlBidder or Its Agent
Printed Name and Title
Yer. 13 — 6101115
SPECIFICATIONS
CITY OF SOUTH BEND
BID NAME Ductile Iron Wipe, Gate Valves, &.Eire Hydrants
FOR BIDS DUE April 11, 2017 at 9:30 a.m.
Pursuant to notices given, the undersigned offers bid(s) to the City of South Bend In accordance with the
following attachment(s) which specify the class or item number or description, quantity, unit, unit price.
DUCTILE IRON PIPE:
18 foot lengths of ductile iron pipe shall conform to the requirements of the American National
Standards Institute (ANSI) 21.51, or American Water Works Association (AWWA) C151, Thickness
Class 50 push -on joint pipe. The ductile Iron..pipe and fittings shall have a hot coal tar coating in
accordance with American Standards Institute for Coal -Tar Dip Coating for Cast Iron Pipe and
Fittings. Ductile iron pipe. and fittings shall be cement -lined, conforming to ANSI A21.4 or AWWA
C104. Rubber gasket joints shall conform to the requirements of ANSI A21.11 or AWWA C111.
All domestic materials shall be shipped RO.B. destination, freight prepaid, in open flatbed trucks
to the South Bend Water Works Olive Street Station, 915 South Olive Street or otherwise specified
within 5 miles of the city limits of South Bend, Indiana. Pipe must be delivered within three working
days of purchase order.
Invoices must be submitted to. the address shown on the purchase order. Bid prices shall be firm.
for a period of one (1) year from date of award with extension at same price for another year if
agreed by both parties. Quantities of materials will be ordered as needed.
RESILIENT SEAT/GATE VALVES:
Resilient seated gate valves shall be epoxy -coated; resilient wedge, open right; designed for 200
PSI working pressure and meeting the requirement of AWWA C509. Valves shall be bronze non -
rising stem, MJ, 2" square operating nut for vertical installation with two 0-ring stem seals, and
rubber -coated or rubber -sealed gate. Valves to be manufactured by Clow, Mueller; or approved
equal.
All valves to be provided with stainless steel nuts and bolts and valve accessories. Kits are to be
provided with domestic wedge action retainer glands.
All domestic materials shall be shipped F.O.B. destination, freight prepaid, in open flatbed trucks
to the South Bend Water Works Olive Station, 915 South Olive Street, or as otherwise specified
within 5 miles of the city limits of South Bend, Indiana. Gate valves must be delivered within three
working days of purchase order.
Invoices must be submitted to the address shown on the purchase order. Bid prices shall be firm
for a period of one (1) year from date of award with extension at same price for another year if
agreed by both parties. Quantities of materials will be ordered as needed
FIRE HYDRANTS:
Fire Hydrant shall conform to the most recent version of AWWA C502, two, 2 112" nozzles with
National Standard thread and one, 5" pumper nozzle with South Bend Fire Department special
thread; chained nozzle caps; 1 square operating nut to open clockwise; 1" square nozzle caps
nuts; 360 degree rotatable upper barrel of break -flange design; painted red, white, and blue;
extension for a 6 feet trench depth; 6" inlet with gasket and wedge action retainer gland. This inlet
Ver. 13 -- 6101115
connection (shoe).shall be oversized to fit old and new pipe, having O.p, range from 6.9"
to 7.1".
The nominal 5" pumper nozzle shall have an I.D. of at least 4,75". The main valve size shall be
5.25" diameter, the main valve shall close with and be held closed by normal water pressure. The
inside of the shoe and the lower plate valve shall be epoxy -coated where exposed to pressurized
water. Fire hydrants to be manufactured by Clow, Mueller, or approved equal.
All fire hydrants to be provided with stainless steel nuts and bolts and fire hydrant accessories. Kits
are to be provided with domestic wedge action retainer glands..
All domestic materials shall be shipped F.O.B. destination, freight prepaid, in open flatbed trucks
to the South Send Water Works Olive Station, M South Olive Street, or as otherwise specified
within 5 miles of the city limits of South Bend, Indiana. Fire hydrants must be delivered within three
working days of purchase order.
Invoices must be submitted to the address shown on the purchase order. Sid prices shall be firm
for a period of one (1) year from date of award with extension at same price for another year if
agreed by both parties. Quantities of materials will be ordered as needed
ver. 13 — 6101115
BIDIPROPOSAL_'"
Y1.11 4
CITY- OF SOUTH BEND
fans
BID NAME Ductile Iron Pipe, Gate Valves & Fire Hydrants
FOR BIDS DUE April 11, 2017 at 9:30 a.m.
Item
No.
1A
I
1C
I
1E
I
I
JH
2A
213
2C
2D
2E
2F
2G
2H
Estimated
Quantity
Item
100 ft
4" x 18' ductile iron pipe
2000 ft
6" x 16' ductile iron pipe
2000 ft
8" x 18' ductile iron pipe
2000 ft
10" x 18' ductile iron pipe
2000 ft
12" x 18' ductile iron pipe
2000 ft
16" x 1$' ductile iron pipe
200 ft
20" x 18' ductile iron pipe
200 ft
24" x 18' ductile iron pipe
100 ft
30" x 18' ductile iron pipe
10
50
50
10
40
50
50
20
Bidder (Firm)
Address:
City/State/Zip:
4" open right, MJ valve
6" open right, MJ valve
8" open right, MJ valve
10" open right, MJ valve
12" open right, MJ valve
5.25" SB fire hydrant, 5 ft
5.25" SB fire hydrant, 6 ft
5-25" SB fire hydrant, 7 ft
UTILITY SUPPLY COMPANY
52 SOUTH PARK A
PERU, 1N 46970
Unit Price
15.6400 Is
10.5500 $
15.1200 $
19.950D 1 $
25.4700 1 $
37.2300 Is
48.1700 $
62.52010 $
81.2500 $
401.56
$
507.31
$
827.95
$
1,228.88
$
1,567.00
$
1,544.00
$
1,610.97
$
1,678.06
$
TOTAL
$
Total
1,564.00
21,100.00
30,240.00
39,900,00
50,940.00
74,460.00
9,634.00
12,504.00
8,125,00
4,015.60
25,365.50
41,397.50
0
12,288,80
62,680.00
77,200.00
80, 548,50
33, 561.20
585,524.10
Telephone Number: 765-472-4398 Fax Number:
765-4i2-45
Per. 13 — 6101115
BOARD OF PUBLIC WORKS
Gary A, Gilpt, President
Suzanna M, Fritzberg, Member
James A. Mueller, Member
e-
By
(Sign e)
MICHAEL J. MUNDY
(Printed Name)
INSIDE SALES REPRESENTATIVE
(Title)
Therese J. Darau, Member
Elizabeth A. Maradik, Member
Attest: Linda M. Martin, Clerk
Ver.13-610111S
CITY .OF SOUTH BEND
INSTRUCTIONS TO BIDDERS
BID FORMS AND EXECUTION
A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions.
Failure to do so will be at the Bidder's risk.
B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and
Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal
and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a
notary signature and provide all other information required.
C, The Bidder shall sign the Proposal In. the following manner: If the Proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership or
joint venture, the name and post office address of each member of the partnership or joint
venture must be shown. If made by a corporation, the Proposal must be signed by an officer
of the corporation or by a representative duly authorized by the corporation to execute the
Proposal in its behalf.
2. SEALED BIDS ONLY
A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed
envelope marked on the outside with the general classification of material bids, i.e. "Bid for
Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies."
B. When samples are required, such samples shall be delivered or shipped at the bidder's
expense to the address specified in the Invitation to Bid. Samples must be shipped
separately from bid. documents and labeled clearly with the Bidders name, address and the
commodity or equipment classifications and documents, the item (and item -number, if any),
and Material Safety data Sheets (if applicable). All samples must be representative of the
commodities or equipment which will be supplied by the successful Bidder. All samples will
become the property of the City of South Bend and none will be returned, unless otherwise
stated in the Specifications.
C. In the event of an inconsistency between provisions of the contract documents, the
inconsistency shall be resolved by giving precedence in the following order:
3. ORDER OF PRECEDENCE
A. Bid Form attached Proposal
$. Amendments to Specifications
C. Specifications
D. Special Provision
E. Instructions to Bidders
F, Notice to Bidders
4. QELIVERY bF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 13th Floor, County -City
Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-
9251, by the.time specified (local time) in the Notice to Bidders. If not delivered personally,
the sealed envelope containing the Bid must be mailed to the fallowing address:
City of South Bend
Clerk of the Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
B. The Post Office Department will `be considered agent of the Bidder in delivering the bid. The
City will not be responsible for deliveries. Any Bids received after the time specified will
be returned unopened.
Ver. 13 6101115
31
C. Bids will be opened and read publicly at the time and place designated in the Notice to
Bidders. Bidders, their authorized agents, and the public are invited to be present.
D. Bidders may bid .on one (1) or more item, provided however, that the bid submitted for each is
delivered in a se crate seated envelope, with the env to a clearly labeled on the outside
as to the specific item for which the bid is being'submitted. Bidders may submit separate bid
bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the
combined total of all bids submitted.
E. The Board may reject any bid that does not conform to these requirements as non-
responsive.
ADDENDA —NO VERBAL INTERPRETATIONS
A: No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions,
or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or
unwilling to comply with one or more requirements of the bidding document, such Bidder
should so Inform the Board of Public Works in writing, Upon receipt of such information,
consideration will be given to the advisability of issuing an Addendum which would thereupon
become applicable to all Bidders. Any such Inquiry must be submitted at least seven (7) days
prior to the bid opening date in order to give the Board sufficient time to consider any
necessary Addendum. All answers to such Inquiries, in the form of Addenda, will be furnished
to all prospective Bidders who have registered with the City. All Bidders are required to
acknowledge receipt of any Addenda by Inserting the Addendum number and the issuing date
on executed Proposals.
A.
Proposals shall be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids (except when and insofar as are invited), incomplete bids,
erasures or irregularities of any kinds.
S. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price.for
each Item (This does not apply to divisible bids). In case of incorrect totaling of amounts and
where the unit price and the extension thereof do not agree, the unit price for each item shall
govern, and the City is authorized to correct all erroneous extension and totals for the purpose
of comparing bids.
TRADE DISCOUNTS
A. Trade discounts shall not be shown separately, but shall be Incorporated in the Bidders unit
price, unless otherwise specified.
S. VEHICLE BIDS
A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for
each vehicle is delivered in.a separate, sealed envelope, by vehicle, with the envelope clearly
labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid
submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the
envelope clearly labeled on the outside as to the specific vehicle for which the bid is being
submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may
submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted.
9. The Board may reject any bid that does not conform to these requirements as non-
responsive.
1p, TAX EXEMPTIONS
A. The City of South Bend is exempt from the payment of federal excise and transportation taxes
levied under the provision of the Internal Revenue Code. it is also.exempt from the Indiana
State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any
certificate of exemption required.
l I , WITHDRAWAL OF BIDS
A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a
bid is received by the Board of Public Works prior to the date and hour for receiving and
opening bids.. In such cases, the same will be returned to Bidder unopened.
Ver. 13 --- 6101115
12. ESCALATOR OR CONTINGENT CLAUSES
A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless
requested or permitted by the Invitation to Bid. No Proposal shall contain nor be
accompanied by any writing purporting to limit or qualify the City's right to accept such
Proposal or purporting to alter such Proposal or any Contract which may be executed
pursuant thereto.
13. PRICES MUST BE DELIVERED PRl E
A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as
specified in the Invitation to Bid. No fuel surcharges accepted.
14. AWARD —WAIVER OF TECHNICALITIES
A. The Award of Bid; if any award be made, will be made within sixty (60) calendar days after the
opening of Proposals to the lowest responsible and responsive Bidder who's Proposal
complies with all the requirements prescribed, exclusive of technicalities waived. Until the
finial award of the Bid, however, the right is reserved by the City to reject any and all
Proposals and to waive technical errors.
15. SPLITTING OF AWARDSIDIVISIBLE BIDS
A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless
the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the
lowest responsible and responsive Bidder for each item or class of items as indicated in the
bid documents.
16. BIDDERQUALIFICATION
A. The City may require any Bidder to submit evidence of qualifications, and may consider any
evidence of the financial, technical, and other qualifications and abilities of the Bidder. The
City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis
of financial resources and responsibility, possession of adequate equipment, personnel,
experience, and past record of .performance to perform the obligations to be undertaken
competently and without delay.
17. PURCHASE ORDER
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
18. NEW MANUFACTU
A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the
latest model of manufacture.
19. SOURCE OF SLIPPLY
A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub-
contractors must be Identified.
20. PACKAGING
A. All items shall be delivered strongly packed and marked according to accepted commercial
practice unless otherwise directed in the Specifications. No charge shall be made for
containers and the City shall have no obligation to return containers unless otherwise
provided by the Specifications or Special Provisions. Any items not received In good
condition will be rejected.
21. INSPECTION OF GOODS
A. The City of South• Bend reserves the right to inspect and have any goods tested after delivery
for compliance with the specifications. Notice of latent defects, which would rake the item
unfit for the purposes for which they are required, may be given at any time within one year
after discovery of the defects.
B. All items rejected must be removed immediately by,the Contractor at the expense of the
Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold
by the City of South Bend,
C, In some cases, at the discretion of the City, inspection of the commodities or equipment will
be made at the factory, plant, or other establishment where they are produced before
shipment.
Yen. 13 -- 6101115
D, The above provision shall not be construed in limitations of any rights the City may have
under any laws including the Uniform Commercial Code.
22, ASSIGNMENTS
A. No person to whom a Contract has been awarded may assign his interest in the Contract
without the consent, in writing, of the City.
23, CANCELLATION
A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of
performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct
on the part of the Contractor.
24, DEDUCTION OF DAMAGES
A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the
Contractor on the Contract or any other Contract, any amount sufficient to compensate the
City for any damages suffered by it because of the Contractor's wrongdoing.
25. METHOD INVOICING FOR PAYMENT
A. Contractor shall bill the City of South Bend
1. On regular invoice form giving a complete and detailed description of the goods delivered,
including purchase order number.
2. If the Contractor allows a discount,.the period of time in which the City must.make
payment to qualify for the discounts shall be computed from the date the City received the
invoice (completely filled out), or the date the goods are delivered and accepted,
whichever may be later, and shall not be less than twenty (20) days.
3. If more than one shipment is made under the Contract and on the same purchase order,
the City will make partial payments on a basis that is agreeable to both parties.
26. OWNERSHIP OF GOODS
A. The goods which are the subject of the Contract shall remain property of the Contractor until
delivered to and accepted by the City of South Bend.
27. ESTIMATED QUANIMIES
A. If the quantity set forth In the Notice to Bidders and Proposal is approximate and represents
the estimated requirements of the. City for a specified period of time, the unit price and the
extended total price thereof shall be used only as a basis for the evaluation of bids: The
actual quantities necessary may be more or less than the estimate, but the City shall neither
be obligated nor limited to any specific amount: The City will, if at all possible, restrict
increases to twenty percent (20%) of the estimated quantity and will, If at all possible, restrict
decreases to twenty percent (20%) of the estimated quantity.
28. TERM "OR EQUAL"
A.. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from
specified €tein shall fife with his/her bid a letter fully. explaining and justifying his/her proposed
article or equal, The City of South Bend shall be the sole judge in determining if the "OR
EQUAL" offered meets the Specifications.
29. INDEMNIFICATION CLAUSE
A, The Contractor agrees to indemnify, defend, and hold Harmless the City of South Bend, its
agents, officers, and employees from all costs, losses, claims and suits, including court costs,
attorney fees, and other expenses, arising from or out of the negligent performance of this
Contract by the Bidder or because or arising out of any defect in the goods, materials or
equipment supplied by the Bidder.
NOTE; Incoming mail does not reach the Board of Public Works until after 9.30 a.m. If
you are sending your bid via Federal Express or another overnight source,
please confirm that your package will arrive before the bid opening time and
date.
Ver. 13 — 6101115