HomeMy WebLinkAboutOpen Market Agreement - Installation of Leeper Park Meter Pit - WISSCO Irrigation IncBOARD OF PUBLIC WORKS
CITY OF SOUTH BEND INDIANA
PUBLIC WORKS CONTRACT
THIS AGREEMENT, made and entered into this 14th Day of November, 2017, by and between,
WISSCO Irrigation, Inc., 1820 South Bend Avenue, South Bend, IN 46637, HEREINAFTER
called the Contractor, and the Board of Public Works herein called the "Board".
WITNESSETH: That the Contractor covenants and agrees to make the following improvement,
as fully set out in the Request for Quotations, Standard Specifications, Special Provisions, Plans,
and Bid Proposals, all of which are set forth as a part of this Contract, for:
DESCRIPTION: LEEPER PARK EAST METER PIT
COMPLETION DATE: SEE SPECIFICATIONS
AMOUNT: $9,775
FUNDING: PARK BOND
The Contractor further agrees to notify the Engineer when this improvement is completed. This
notification shall be in the form of a Completion Affidavit, signed by the Contractor. Upon final
acceptance of the improvement by the Engineer, the Contractors final estimate will be presented
to the Board for final Payment with one (1) copy of the Completion Affidavit and one (1) copy of
a Waiver of Lien.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Suzanna M. Fritzberg,
Member
WISSCO IRRIGATION INC.
Elizabeth A. Maradik, Member Printed Name
James A. Mueller, Member Signature
Therese J. Dorau, Member Attest: Linda M. Martin,
Clerk
CERTIFICATION (To be completed if Contractor is a Corporation)
I, , certify that I am Secretary of the Corporation named as
Contractor herein; that who signed this Agreement on behalf of the Contractor
was then of said Corporation; that said agreement was duly signed for and in
behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers.
Secretary
Corporate
Seal
CITY OF SOUTH BEND, INDIANA
O CQUOTE
PROJECT NAME: Leeper Park East Meter Pit
PROJECT NO. 1029.20.17
(Must be completed for all quotes. Please type or print)
Date: 11107/2017 Firm. WISSCO Irrigation Inc.
Address: 1820 South Send Ave
City/StatelZip: South Bend, IN 46637 Telephone Number: (574) 277-9851
Agent of Bidder (if Applicable): Thomas Bishop
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
The City of South Bend, Department of Public Works
and dated 1110712017 _L for the sum of (enter the Total Quote as shown on the Proposal)
Nine Thousand Seven Hundred Seventy -Five Dollars ($9775.00
(Enter Sum of Total Quote plus Alternates shown on Proposal) (Numerical)
If alternative quotes 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 quote is to be awarded on a unit basis, the
itemization of the units shall be shown on a separate attachment.
t
By
r f� (Sig u
(Printed Name of FD3rson Signing)
ACCEPTANCE
The above quote is accepted this 14 day of
Subject to the following conditions:
BOA OF PUBI 1fy(OR
Gary . Gilot esid�e�ntt�'�
Azabeth A. Maradik, Member
James A. Mueller, Member
uzanna TO LP rf r
he ese J. Dor u, M mber
t st: Linda M. Marfin, ler
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A. Prevailing Specifications: None
B. Additions
1. Materials and properties purchased under contract with the Owner that becomes a permanent part
of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax).
The exemption number will be furnished to the Contractor upon award.
VI. INDEMNIFICATION
A. Prevailing Specifications: None
B. Additions
Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents,
officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees,
and other expenses, arising from or out of the negligent performance of this Contract by Contractor,
or because of arising out of any defect in the goods, materials or equipment supplied by the Quote
provider.
VII. INSURANCE
A. Prevailing Specifications: 20W INDOT Standard Specifications Section 103
B. Additions:
All Contractors and subcontractors doing business with the City of South Bend shall present a
Certificate of Insurance showing coverage in the following minimum amount:
a. General Liability: Premises -Completed Operations or Products, Bodily Injury and Property
Damage Combined Single Limit - $5,000,000.
b. There shall be no exclusion for explosion, collapse or underground hazard.
c. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000.
d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000.
e. The City of South Bend shall be named as additional insured on the Certificate of Insurance.
Vill. CONTROL OF WORK
A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 105
B. Additions:
1. The complete responsibility for this project lies with the Director of Public Works of the City of South
Bend, Indiana acting through his authorized representatives.
2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel,
equipment and supplies to perform all work required under this item. There will be no direct payment
for this item.
3: ' The contractor is responsible to maintain the site which includes but is not limited to; dust control,
site security, erosion control, and protecting adjacent properties.
4. Work hours for the Project shall be from 7:00 a.m. through 5:00 p.m., Monday through Friday. No
work shall be permitted on weekends, Holidays, or after hours unless approved by the City of South
Bend Department of Public Works.
IX. LEGAL RELATIONS
B. Prevailing Specifications: 2016, INDOT Standard Specifications Section 107
C. Additions:
1. The Owner, where mentioned in these documents, is the City of South Bend.
2. The Contractor shall apply for and obtain any and all required permits for the work from local, state,
and federal agencies and shall comply with permit requirements, including the St. Joseph County
f City of South Bend Building Department.
3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor
shall provide the Engineer with proof that the Contractor is duly licensed, qualified and registered
with the Secretary of State of Indiana to engage in business within the State of Indiana.
4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner
reserves the right to immediately terminate the public work project awarded should the Contractor
be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result
in the forfeiture of Contractor's performance bond to the Owner.
X. PROSECUTION AND PROGRESS
A. Prevailing Specifications: 2016, INDOT Standard Specifications Sec. 108
B. Additions:
1. The project will have a completion date of December 3151, 2017 for all work. The contract time will
start when the Notice to Proceed is delivered and signed.
2. Contractor shall provide a schedule to the Owner prior to beginning any work on the site.
XI. CHANGE OF CONTRACT TIME
A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108
B. Additions
1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the
Contract Time shall be based on written notice delivered to the Department of Public Works within
seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent
of the claim with supporting data shall be delivered within fourteen (14) calendar days after such
occurrence unless an official of the Public Works Department allows an additional period of time to
ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost
to delays beyond the control of the Contractor if a claim is made in accordance with this provision.
Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor
disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God.
2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An
extension is granted for weather conditions significantly more severe than normal if the Contractor
demonstrates to the satisfaction of the City that the delay in the progress of the work was due to
such weather. The basis to define normal weather with be the data compiled by the United States
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA).
3. No extension of time will be granted if the Contractor, by his/herlits own action or inaction, including
fault or negligence of Contractor's subcontractors, caused the delay, or for which any remedies are
provided under any other provision of this agreement.
4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of
any rights or remedies existing under this contract at law or in equity.
XII. DEFAULT AND TERMINATION
A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108
B, Additions:
1. Events of Default shall include Contractor's failure to perform any of its obligations under this
contract including failure to commence work at the time specified, failure to perform the work in
accordance with these specifications, unauthorized discontinuation of the work, failure to carry out
the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or
regulations, and failure to comply with any other term of this contract.
2, If an Event of Default occurs, the City shall provide Contractor written notice and may permit
Contractor ten (10) calendar days after the date of the notice to cure the default. if the default is
not cured within the ten (10) day cure period, the City may at any time thereafter terminate this
contract in which case the termination shall be final and effective.
3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies
provided under separate provisions of this contract, the right of set-off against any payments due
or to become due to the Contractor against the retainage, the right to take over and complete the
Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that
the Contractor has in order under Contractor's subcontracts are assigned to the City, subject to the
City's right to take assignment of all or only selected subcontracts at the City's discretion. The sole
obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed
after the date of the assignment. In the event a conditional assignment has not been executed, the
Contractor shall execute or cause to be executed any assignment, agreement, or other document
that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to
evidence compliance with this provision. The Contractor shall promptly deliver such documents
upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The
Contractor remains liability to subcontractors for any payment already involved, and for any claim,
suit or cause of action based upon or resulting from any error, omission, negligence or other breach
of contract by the Contractor, its officers, employees, or agents arising prior to the date of
assignment to the City.
XIII. LIQUIDATED DAMAGES
A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108
B. Additions:
1. The contractor shall proceed with the work at such rate of progress to insure full completion within
the Contract Time. It is expressly understood and agreed, by and between the Contractor and the
Owner, that the Contract Time for completion of the work described herein is a reasonable time,
taking into consideration the average climatic and economic conditions and other factors prevailing
in the locality of the work, and excludes the time for unavoidable delays which were beyond the
control and without the fault of the Contractor.
2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time
granted by the Owner, then the Contractorwill pay to the Owner the amount for liquidated damages
a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall remain in
default after the time of completion stipulated in the Contract Documents.
3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay
in completion of the work is due to the following and the Contractor has promptly given written
notice of such delay to the Owner and Engineer/Architect.
a. To any preference, priority, or allocation order duty issued by the Owner.
b. To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner,
acts of another Contractor in the performance of a Contract with the Owner, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and
unforeseeable weather.
XIV. RETAINAGE AND FINAL PAYMENT
A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 109
B. Additions:
1. Payments will be made every thirty (30) calendar days
2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of
payments throughout the duration of the project.
3. Before final payment and retainage are released the Contractor must satisfy the following:
a. All parts and labor meet requirements stated in the specifications.
b. Provide copies of test reports or cut sheets on all materials supplied.
c. Provide As -Built drawings in accordance with the City of South Bend Prevailing Specifications
for Public Works.
d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver
of Lien.
XV. WARRANTY
A. Prevailing Specifications: None
B. Additions
1, All Parts shall include the following:
a. Performance specifications
b. Bill of Materials
c. Warranties on all parts
d. Installation and safety requirements
XVI. OTHER UTILITIES
A. Prevailing Specifications: None
B. Additions:
1. The Contractor shall verify the locations of all utilities by contacting Holey Moley at 1-800-352-5544
at least two (2) working days, not counting Saturdays, Sundays or federal and state holidays before
proceeding with construction. It shall also be the Contractors responsibility to contact any other
utility that is not contacted by Holey Moley and verify the utility locations.
2. The Contractor shall be responsible for working with the other utilities, i.e., gas electric, telephone,
etc. in order to assure that all utilities that need to be replaced or relocated can be done with a
minimum disturbance to service. The Contractor shall also be responsible for coordinating
schedules with the various utilities such that they can proceed with their relocation work as
efficiently as possible.
3. If the odor of natural gas is detected in a work area at any time during the course of work, the
Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also
immediately notify the residents of adjacent properties. The Contractor shall advise the residents
to evacuate their homes immediately if the odor is present within the dwelling.
4. Restoration of sprinkler systems damaged by the Contractor's operations shall be repaired by the
Contractor at no additional cost to the City or the Owner of the system.
XVII, MAINTENANCE OF TRAFFIC
A. Prevailing Specifications: 2016, INDOT Standard Specifications Sections 105 & 801
B. Additions:
1. Maintenance of traffic during construction shall conform to the "Indiana Manual on Uniform Traffic
Control Devices" and the City of South send Design and Construction Standards.
2. The attached "Traffic Closure Request" form is to be used for any lane restrictions or closures and
required to be filled out and sent to the Department of Public Works
3. The Contractor shall arrange and prosecute the work specified for this contract in such a manner
that traffic on existing streets is unrestricted throughout the Project. The Engineer shall approve
the method of traffic control. No construction equipment, vehicles, materials, supplies or temporary
facilities shall be left unattended in the right-of-way of any street or left parked overnight without
proper marking and lighting.
4. After the award of the contract and before beginning the work, the Contractor shall submit his
proposed schedule of operations for the review of the Engineer. The schedule of operations as
reviewed by the Engineer shall be maintained at all times.
5. There will be no direct payment for this work.
XVIII. DESCRIPTION OF WORK
A. Prevailing Specifications: None
B. Additions
1. Work to be performed shall include furnishing all labor, services, materials, insurance and install
a meter pit and meter at Leeper Park per the specifications as defined in the specifications.
2. The Base Bid covers all prep, materials, and labor to install a meter pit and meter at Leeper Park
per the specifications per the intent of the Plans and Specifications.
3. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and
their property from damage caused by the Contractor's operations.
XIX. PLANS
A. Prevailing Specifications: City of South Bend Design and Construction Standards
B. Additions:
1. The plans consist of 2 Sheets.
2. The work shall conform to the plans.
3. The drawings are schematic in nature.
4. The CONTRACTOR is responsible for estimating dimensions and quantities of materials.
5. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern.
XIX. SPECIFICATIONS
A. Prevailing Specifications:
1. Contractor must be licensed contractor with work completed by licensed plumber.
B, Project Scope:
1. Materials and installation of new meter pit and meter per code and Water Works requirements and
in location specified on the plan.
C. Equipment specifications
1. All equipment will satisfy current local and state code.
2. Meter pit will include cover and ring.
3. Meter will be 1" with associated rams horn.
D. Installation considerations:
1. Care will be taken by the contractor not to disturb existing plants in the Rose Garden.
2. Connection will be made to existing water line located adjacent to garden.
3. Areas disturbed by project will be levelled and seeded for grass.
A. Final location of pit will be verified on site with winning bidder prior to installation,
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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.
SEALED BIDS ONL
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
B. Amendments to Specifications
C. Specifications
D. Special Provision
E. Instructions to Bidders
F. Notice to Bidders
DELIVERY OF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 131` 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 following 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.
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 separate, sealed envelope, with the envelope 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.
b. REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES INCOMPLETE BIDS AND
ETC.
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.
B. 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.
7. TRADE DISCOUNTS
A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price,
unless otherwise specified.
8. 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.
10. 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.
11. 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.
12. ESC LATOR OR CONTINGEN_LCI-A_USES
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.
11 PRICES MUST BE DELIVERED PRICES
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 final 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 A ARDSIDIVISIBLE 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. BIDDER QUALIFIC&TION
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 ORDERS
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made
by the City.
18, NEW MANUFACTURE
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 SUPPLY
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 make 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 falls 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.
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 OF INVOICING FOR PAYMENT
A. Contractor shall bill the City of South Send
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 QUANTITIES
A. If the
requirementsh in the Notice to Bidders and Proposal is approximate and represents the
quantity
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.
M TERM "OR EQUAL"
A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item
shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The
City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the
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,
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