HomeMy WebLinkAboutOpening of Bids - Spec AH - One or More New Four Wheel Drive Compact Tractor with Quick Release Loader Bucket - Bobcat of Fort WayneCITY OF SOUTH BEND IN
R'S BID FOR SALE OR LEASE
NON-DISCRIMINATION COMMITMENT FOR SELLERS
Spec AH — One (1) or More New your Wheel Drive Compact Tractor With Quick Release
BID NAME Loader Bucket
FOR BIDS DUE December12, 2017 at9:30 a.m.
Bidder
Date; (Firm): eI Ck �%� l�l�Gt
Address: 3& 3C) �-GS L� � ,
City/state/Zip:
Agent of Bidder (if Applicable):
ephone Number:
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 :rvjtv c, )
SS:
�� COUNTY }
The undersigned Contractor, being duty 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 fi-om
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 fiuther says that no person or persons, fitms, 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
Ver. 2 — 4/16/12
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any
agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5,
as amended from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will @ 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. 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 perfol ring 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 persods ability to perform the work.
Ver. 2 — 4/16/12
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 ("WBE") 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 WBF/MBE. A finding of a discriminatory practice by the City's MBF/WBE
Utilization Board shall prohibit that person or entity 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 for 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.
1, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United
States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for
this project will use steel products or foundry products made in the United States on this
project if awarded. I understand I have an affirmative duty to notify the City in my bid
that my proposal does not include the use of steel products or foundry products made in
the United States. I understand it is my sole obligation and responsibility to provide a
justification to the City, subject to review and approval, why the cost of United States
made steel or foundry products is unreasonable. Prior to award and upon submission of
bid which does not use steel products or foundry products made in the United States, the
City, through its director of public works, shall make a determination if the price of
United States made steel or foundry is unreasonable. I understand that violations
hereunder may result in forfeiture of contractual payments.
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.
Ver. 2 — 4/16/12
Dated this 14A,- day of - -0 L4i2Q t 'Z pp
B oc G 66- 0�
Contractor/Bidder (I~i m)
c�
Signature of Contractor/Bidder or Its Agent
% p,015
Printed Name an Title
Subscribed and sworn to before me this day ofbkk1+^''-b-Z/- , 20
My Coirvnission Expires x 21, `
Notary Pu c
County of Residence
4Y P& . MARILYN R. YOUNG WILES I Y.Pubk
:z SEAL Allen County
i I ,k State of Indiana-
.H ICommission Expires November 25, 2Qxt
Ver. 2 — 4/16/12
(To be completed only by ContractorsIBitl(ler•sclaitttittgto be a `°localIndiana business"pursuant toW, 36-1-12-22)
INDIANA LOCAL BUSINESS PREFERENCE CLAIM
A "local Indiana business" refers to any of the following.•
(])A business whose principal place ofbusiness is located in an affected county,
(2) A business that pays a majority of its payroll (in dollar volurne) to residents of ajJected counties.
(3) A business that employs residents ofaffected 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 politic al
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 thefollotving counties locatedadjacent to St, Joseph County:
Elkhart County, Mat -shall County, Starke County and LaPorte County
There are thefollowingprice preferencesfor suppliespurchasedfrom a locallndianabusiness:
5910for a purchase expected by the purchasing agency to be lessthan$50,000
• 3 % for a purchase expected by the purchasing agency to be at least $50,000 but less than $100,000.
• 1 % for a purchase expected by the purchasing agency to beat least $] 00,000.
Date: Z ~7_--;v-7 7
Pursuant to I.C. 36-1-12-22,
preference for Project
South Bend, St. Joseph County,
Indiana.
claims a local Indiana business
(Project # ) located within the City of
The location of the principal place of business is 3o (!,vS ��k r wG��yi/ r A)
(Address) i- I Lt
❑ St. Joseph County, Indiana
❑ The following county located adjacent to St, Joseph County, Indiana;
❑ 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.
❑ 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 REDACTALL
SOCIAL SECURITY NUMBERS.
Dated this day ofQ, , 20_
D6 COA 0+ -,
Contractor ' m)
ignature of Contract/Bidder or Its Agent
T dl ; �-
Ver, 2 — 4/16/12
Printed Name and Title
SPECIFICATIONS
CITY OF SOUTH BEND
Spec AH — One (1) or More New Four Wheel Drive Compact Tractor With
BID NAME Quick Release Loader Bucket
FOR BIDS DUE December 12, 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.
SPEC AH — ONE I OR MORE NEW FOUR WHEEL DRIVE COMPACT WITH
QUICK RELEASE LOADER BUCKET
It is the intent of these specifications to describe a vehicle or piece of equipment for the City of
South Bend. The unit shall be bid as a fully equipped complete unit as set out in the attached
specifications. No p_ai-tiaal or split bids will be accepted. Unit to be bid with and without trade-in
if applicable. Vendor to complete bid proposal contained in this bid specification and attach to
the submitted bid.
These are minimum specifications. Any variation from the specifications must be spelled out on
a separate deviation list �1 order for the bid to be valid. Any items not listed on the deviation
sheetwill be assumed to be part of the Unit.
Proprietary products or specific manufacturers may be referenced herein. Such references are
only made to dcmonstrate minimum scope, quality, and style of the equipment desired.
Equipment that is bid pursuant to these specifications shall be of equal quality and size, or
greater, to those referenced, and are subject to approval by the South Bend Board of Public
Works.
Vendor shall provide all information requested in specifications to qualify for bid. If information
on brochure submitted does not completely cover specifications requested, it shall be typed and
attached to brochure.
If an alternate is included within these specifications, please be advised that, alternate items
placed in the specifications are to determine the best configuration of the item within a budgeted
amount and may be included in the award criteria. If the Board elects to award one or more (s),
the base bid price and the alternate bid price(s) will be totaled and compared for all bidders
offering the final configuration. Award will be made based on the lowest responsible/responsive
bid prices submitted for the base bid with selected (s), if applicable. Failure to submit a bid on
an alternate may result in the entire bid being non -responsive, depending on the final
configuration of the product.
Ver. 2 — 4/16/12
Payment will be processed once the unit is inspected and accepted as to meeting the
specifications by the Division of Central Services. This will, include all manuals and warranty
documentatio n.
Bidder must state as accurately as possible an intended delivery date from the date of the
bid award. Due to the age of the City's existing fleet, it is imperative that the unit's be
delivered as quickly as possible. Stated delivery lead time may be included as an integral
part of our bid selection process. FOB Central Services. The unit and all related paperwork is
to be delivered to:
Central Services Division
1045 West Sample Street
South Bend, Indiana 46619
All Certificates of Origin/Title Work shall list the owner as:
The City of South Bend
1045 West Sample Street
South Bend, Indiana 46619
The Board will award the bid to the lowest responsible and responsive bidder, If the bid is not
awarded to the Iowest bidder, the factors used to justify the awards will be stated in writing at the
request of any bidder.
The Board reserves the right to reject any and/or all bids or portions thereof and to waive any
irregularities or informalities. '
Dimensions: Wheel Base — 65.6 inches minimum b4 °'
Overall Width -- 53.7 inches minimum (Po `, �
Overall Length — 103.9 inches minimum -q, 3
Operating Weight - 2,293 lbs, maximum
Overall Height — 84.6"
Unit to include an integrated cab.
Engine: Three cylinder turbo charged EPA Tier 4 Final - water cooled diesel
engine with a minimum of 26 gross horse power. Dry type air cleaner
with restriction indicator. Fuel tank to have a minimum 7 gallon capacity.
35-kp 1 Z44
Drive Train: Four wheel drive system with shift on the go capabilities. Hydrostatic
drive transmission to have 3 speeds minimum in low, mediurn, and high
ranges. Unit to be equipped with differential lock.
Ver. 2 — 4/16/12
Brakes:
Wet disk type brakes.
Cab: Fully enclosed cab with 4 sided glass. Must be dust resistant with
suspension seat. Must have heat and air conditioning, AM/FM radio,
front and rear wipers, and rear defogger.
Lighting: To include headlights, taillights, turn signals, and work lights.
Steering: Power assist -- tilt steering.
Tires: Unit to be equipped with R4 farm type tires.
Front 7-12 `Z -- �A
Rear 12.4-16 i 4, — — Z�I
Hydraulic System: Open center type with dual gear pump and 2,500 PSI minimum operating
pressure. Total flow to be 8.7 GPM minimum. Lift capacity to be 2,139
lbs minimum. 1,3 ,Z 211 ? P
PTO: Standard rear, independent type wr'tl1 540 RPM minimum, to include
standard 3 point hitch. Clutch and brake to be wet multidisk type.
Loader &
Bucket Attachment:
S afety:
Quantity:
Alternate 1:
Alternate 2:
Alternate 3:
Alternate 4:
Hydraulically operated quick attach loader with a minimum lift capacity of
2,139 lbs. Standard 60' bucket and third function hydraulic valve.
.211 k� (p4" A
All equipment bid shall comply with all ASAE and OSHA requirements
for this type of equipment including rollover protection. Unit to be
equipped with operator presence systems for both the engine and PTO
systems.
One (1) or more.
Largest compatible brushog
Front grapple bucket 60"
Front ballast box with ballast
2500 RPM Mid PTO
A000 �4
(a ,I-,' 't-ILWo^
wAtw5k 6-00
R-k5-v C�v
4
BID/PROPOSAL
CITY OF SOUTH BEND
Spec AH — One (1) or More New Four Wheel Drive Compact Tractor With
BID NAME Quick Release Loader Bucket
FOR BIDS ❑UE December 12, 2017 at 9:30 a.m.
Description
Year/Make/Model
Unit Price
X P, 313-6-R -
X'P; 313 5-N&
$ R6j 000
Alternate#
Deseription
Cost
Total
1
Largest compatible brushog
$ 1,�-DO , c"'
$ 1-5-00 O
2
Front grapple bucket 60" (R
$ 3Li00 00
$ ?Lkoo' co
3
Front ballast box with ballast
$ CAD
$COO, 6D
4
2500 RPM Mid PTO
M 77)
$
i , zk6
$ t)
i tic,, kWwtuc
Estimated number of days for delivery from award
da te.
Bidder (Firm): ?'.10C6J- 04= F+-Jat-,L-c
Address: 3b -3p
City/State/Zip: fry � f1 f -
Telephone Number: .2(e 0 �' ��° 1 Y,5-tC Fax Number: 2&( ? -- 45'7 -5YG3
By
�--�� (Signature)
(Pri tad Name)
( le}
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Suzanna M. Fritzberg, Member
.tames A, Mueller, Member
Elizabeth A. Maradik, Member
Therese J., Dorau, Member
Attest: Linda M. Martin, Clerk
2
CITY OF SOUTH BEND
INSTRUCTIONS TO BIDDERS
I. 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 orjoint
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, 1,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 Bidder's 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
4. DELIVERY OF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 131h Floor, County -City
Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-
9251, by the time specified (focal 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
7
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 afterthe 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 ssparate, sealed ,enyglope, with the envgkl2e_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.
5. ADDENQD L--_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,
6. REJECTION OF EBOPOSALS CONTAINING ALTERATION, ERASURES JNCOMPLETE 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.
B. The Board may reject any bid that does not conform to these requirements as non-
responsive.
9. 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.
10. 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.
if. JESCALATOR 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.
12, 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.
13. 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.
14. SPLITTING OF AYVARDSIDIVISIBLE 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.
15. BIDDER QUALIFICATION
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.
16. PURCHASE ORDERS
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
17. NEW MANUFACTURE
A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the
latest model of manufacture.
18. 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,
19. 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.
20, 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
0
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.
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,
21, 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.
22, 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.
23. 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.
24. METHOD OFINY010ING FOR PAYMENT
A. Contractor shall bill the City of South Bend
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.
25. 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 Send,
26. ESTIMATED QUANTITIES
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.
27. 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.
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28. 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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oil.,W.I�R1NY, P`O,�l�'
LIMITED WARRANTY
This warranty policy sets forth the limited warranty offered by LS Tractor USA, LLC to
purchasers of LS tractors, Please read it carefully.
There are no other express or implied warranties, including those of
merchantability and fitness for a particular purpose. Liability for incidental,
consequential and punitive damages are excluded to the extent exclusion is
permitted by law. Some states do not allow limitations on implied warranties and some
states may limit or preclude the exclusion of incidental, consequential or punitive
damages, and thus these limitations and exclusions may not apply to you. This warranty
gives you specific legal rights and you may have other rights which vary from state to
state,
WARRANTY COVERAGE
For tractors retailed after January 1, 2017, the warranty covers any defect in materials or
workmanship in your LS tractor for the following periods;
Y General Warranty, This warranty runs for the earlier of the following
periods: (i) two (2) years from the date that you purchased at retail your LS tractor from an
authorized LS Tractor dealer, or (ii) 750 hours of operation of your LS tractor after the
original purchase date, whichever comes first.
Y Extended Power „Train _ Warranty, LS Tractor provides an extended
warranty on the power train of your tractor. This warranty runs for the earlier of the
following periods;
o For models MTl series, XJ series, XG3025, X03025H, XG3100
Series, XR3100 Series, XR4100 Series, XU6100 Series, MT5 Series
(i) six (6) years from the date that you purchased at retail your LS
tractor from an authorized LS Tractor dealer, or (ii) 1500 hours of
operation of your LS tractor after the date of original purchase,
whichever comes first.
o For all other models (i) five (5) years from the date that you
purchased at retail your LS tractor from an authorized LS Tractor
dealer, or (ii) 1500 hours of operation of your LS tractor after the
date of original purchase, whichever comes first,
following: The components covered by the extended power train warranty consist of the
o Engine: Warranty coverage is limited to those components of the
tractor customarily thought of as comprising the engine and includes
the crankcase, oil pan, cylinder head, valve cover, and all
components fully enclosed within these units.
o Power train coverage: Warranty coverage is limited to the clutch
housing, transmission housing, auxiliary transmission housing, final
drive housings, drive axles and components fully enclosed within.
The Federal and California Emission Control System on all 25 HP and above engines in
LS tractors are covered under a limited manufacturer warranty coverage for 5 years or
3,000 hours, provided there has been no abuse, neglect or improper maintenance or usage
of your engine. Additional conditions and owner responsibilities apply. Please see your
owner's manual for more details.
SCOPE OF WARRANTY
The obligation of LS Tractor USA to you under this warranty is limited to the :repair or
replacement of defective parts by an authorized LS Tractor USA dealer. Repair or -
replacement in accordance with this warranty shall constitute fulfillment of all liabilities of
LS Tractor, LS Tractor USA and their respective affiliates and the selling dealer in respect
of any defects. Repairs or replacement shall be performed by the nearest LS Tractor USA
dealer, You shall deliver the LS Product to the dealer's place of business for warranty
repair.
EXCLUSIONS
Tires, tubes, rims, batteries, and fuel injection pumps are warranted by the respective
manufacturers of those components and are not covered by this warranty.
This warranty does NOT cover failures caused by:
Abusive operation.
Collisions and other accidents.
- Lightening and other natural calamities.
Unauthorized modification, including alterations and modifications to the engine
or power train,
- Use of non-LS parts.
- Neglected maintenance (Please observe maintenance procedures in Operator's
manual).
- Failure to use LS Tractor -approved lubricating oils, lubricants or fuels.
- Engine or engine component failure caused by the use of alternative fuels, such as
natural gas, bio-fuels (Not authorized by LS Tractor USA), altered gasoline, etc.
- Use of attachments or implements not authorized by LS Tractor or any customer
use which is contrary to the tractor's intended purpose.
- Overheating of the engine or components caused by dirt or debris that clogs the
engine cooling components.
This warranty also does NOT cover standard maintenance services (such as engine
tune-ups) or replacement of consumable items (unless defective) including, but not
limited to: Clutch and bralce linings, filters (air, fuel, oil), lights, bulbs, window glass,
belts and injector nozzles, as well as lubricants and coolants (unless necessarily replaced
by the dealer during an authorized warranty repair using only LS branded oils).
In addition, this warranty does NOT cover:
- Pickup or delivery of the equipment.
- Rental of replacement equipment during the repair period.
- Products which have been declared a total loss and subsequently salvaged.
- Overtime labor charges.
- Travel time or mileage.
- Damage from use of non LS branded front-end loaders and backhoes.
This warranty is void if serial numbers on the tractor have been removed or altered.
This warranty also is void if any repair is performed by any non-LS Tractor USA
dealer which, in the sole judgment of LS Tractor USA, adversely affects the
performance, stability or reliability of a LS Tractor product.
REQUIREMENTS FOR WARRANTY SERVICE
If you believe that any LS Tractor USA product or component is defective, please report
the product defect to your LS Tractor USA selling dealer and request repair within the
applicable warranty period.
When you submit your tractor for warranty service to the LS Tractor USA dealer, you will
be required to provide proof of ownership and the date of the original purchase from an
authorized LS Tractor dealer.
If, in the sole discretion of LS Tractor USA, a dealer is instructed to repair a LS Tractor
product at the your home or place of business, you agree to reimburse the dealer for all
reasonable travel expenses.
LIMITATIONS
The above warranty is in lieu of all other warranties on LS Tractor USA's or its dealers'
behalf and neither party assumes any other liability in connection with the LS tractor.
EXCEPT AS SET FORTH ABOVE, LS TRACTOR USA AND ITS DEALERS MAKE
NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES
ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL LS TRACTOR BE LIABILE FOR ANY CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES. In the event of any litigation relating to this
warranty or your LS tractor, such litigation shall occur in an appropriate state or federal
court located in North Carolina.
RIGHT TO MAKE DESIGN AND PRODUCT CHANGES
LS Tractor USA reserves the right to make changes in the design and other changes in LS
Tractor Products at any time and from time to time without incurring any obligation with
respect to any LS tractor previously ordered, sold or shipped.
LS Tractor USA, LLC
6900 Corporation Parkway,
Battleboro, NC 27809
Phone: 252-984-0700
Fax :252-984-0701