HomeMy WebLinkAboutOpening of Bids - Spec AJ - Repair and Installation of Overhead Doors for All City Departments - Overhead Door Company of South Bend-MishawakaBID NAME Spec AJ'- Repair & Installation of Overhead Doors for Al'l City Departments
FOR BIDS DUE December 12, 2017 at9:30 a.m.
Bidder
Date: 12/11/2017 (Firm)! Overhead Door Company of South Bend/Mishawaka
Address: 58745 ExeLutive Drive, Mishawaka, IN
City/State/tip: 46544 - Telephone Number; ( 574 ) 259-2822
Agent of Bidder (if Applicable): Alfred G. Mathes
When the prospective Contractor is ratable to certify to any ofthe statenjentsbelove, it shall attach an ex1ilanation to this Affido0t.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTM ENT WITH IRAN, EM PLOYM ENT
ELIGIBILITY VERIFICATION, NON. -DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY
PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF Indiana
) SS:
St, losephn— COUNTY
The undersigied Contractor, being duly sworn upon his/her/its oath, affirins tinder the penalties of perjury
that:
I . Contractor has not, nor has any other mernber, representative, or agent of the tiri-ri,
company, corporation or partnership represented by him entered into any combination,
collusion or agreeimnt 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 refi-ain fi-orn
bidding, and that this bid is made without reference to any other bid and without any
agreement, taiderstanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons,, ffii-is, or corporation has, have
or will receive directly or indirectly, any rebate, fee, ba, cornnission 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. Conti -actor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities, in Iran,
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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 (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently learns is
an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E-Verify
Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and
participation in the E-Verify Program is included and attached as part of this bid/quote;
and
5. Contractor shall require his/her/its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract
with an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E-Verify Program The Contractor agrees to
maintain this certification throughout the term of the contract with the City of South
Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being
notified by the City.
6. Persons, 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, terra, 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
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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 14ctor 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 MBFJWBE; however, it may not unlawfully discriminate
against said WBFJMBE. A finding of a discriminatory practice by tlne City's MBFJWBE
Utilization Board shall prohibit drat 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- termirkating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination
commitarent 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 eornnnntssions.
Contractor agrees not to discriminate against or int"ate any employee or applicant for
employment an the perforriinnce of this contract with privileges of employment, or any
natter 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 ofcontract.
I, the undersigned bidder or agent as contractor on a public works project, understand my
statutory obligations to the use of steel products or foundry products made in the United
States (I.C. 5-16-8-1). 1 hereby certify that 1 and all subcontractors employed by the for
this project will use steel products or foundry products nude 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 inektde 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
trnade 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 tine United States, the
City, through its director of public works, small make it detennnination if the price of
United States made steel or foundry is unreasonable. I understand that violations
hereunder tray result in forfeiture of contractual paynients.
hereby affirm tinder the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this 11th day of December, 2017
Overhead Door Company of South Bend/Mishawaka
Contractor/Bidder (Firm)
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Signatm-c or'C,ontmctm/Biddcr oi, Its Agent
Richard Love - Commercial General -Kiinag—er
Printed'Name and 'Fitle
Subscribed an(I sworn to be 66w one this I it], (111y Of December 20 17
My Commission Expires
Notary Public
County of Residence —St -jnsgpj—.
Spec AJ - Repair & Installation of Overhead Doors for All City
BID NAME Departments
FOR BIDS DUE December 12, 2017
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 nurnber or description, quantity,
unit, unit price.
Request for Bids for Repair & Installation of Overhead Doors for All City Departments
The City of South Bend's Central Set -vices Division is soliciting bids on behalf of all City
departments fiom qualified vendors for repair and installation of overhead and concession doors.
The list below is a working list of locations and number of doors. The City reserves the right to
increase or decrease this list depending on its needs. The winning bidder is expected to be
responsive to the City's request for service within six (6) hours of initial contact seven (7) days a
week from an authorized City representative. The winning bidder shall work with an authorized
City representative fi-orn each City department to schedule service or installation appointments.
The pricing for a replacement door must be agreed to by the City prior to installation. The hourly
rates stated herein are for the 2018 calendar year, however, the City, in its sole discretion, may
renew this agreement at the same hourly rates bid herein for the 2019 calendar year.
Building Name
Location
Number of
Doors
Size of
Door
Central Services Division
Central Services
1045 W. SaLnple St.
12
24x14
Central Services
1045 W. Sample St
I
20x14
Central Services
1045 W. Sample St.
3
18x14
Central Services
1045 W. Sample St.,
I
15x14
Central Services
1045 W. Sample St.
I
12x14
Central Services
1045 W Sample St.
2
IWO
Fire Department
Central Fire
1222 S. Michigan St.
14
20x14
Station #2
402 Mat -tin Luther King Dr.
6
20x14
Station #3
1805 E. McKinley Ave.
3
18x14
Station #4
220 N. 0 five St.
3
20x14
Station 95 ::::23k�rakie
Ave.
2
18x14
M:
Station #6
4302 W. Western Ave.
4
20x14
Station #7
1616 Ports e Ave.
2
18xl4
Station #8
2402 Twyckenham Dr.
2
18xl4
Station #9
2520 Mishawaka Ave.
1
18xl4
Station #10
5303 York Rd.
4
20xl4
Station #11
3505 N. Bendix Dr.
4
20xl4
Fire Annex
1045 W. Sample St.
9
12x14
Fire Training Center
710 E. Sample St.
3
12x14
Venues, Parks, & Arts
O'Brien (lower level)
321 E. Walter
1
10 x 8
O'Brien (garage)
321 E. Walter
3
lox 10
O'Brien (concession)
321 E. Walter
1
6 x 4
Tree Barn
4016 S. Fellows
2
14 x 16
Erskine Maintenance
4016 S. Fellows
3
16 x 10
Erskine Cart Barn
4200 S. Miami
2
16 x 7
Studebaker Maintenance
531 E. Ewing
2
12 x 10
Studebaker Maintenance
531 E. Ewing
1
18 x 10
Studebaker Cart Barn
718 E. Calvert
1
16 x 7
Potawatomi Greenhouse
2105 Mishawaka Ave
2
8 x 7
Potawatomi Greenhouse
2105 Mishawaka Ave
1
9 x 7
Boehm
3200 Rose St.
1
8 x 7
Byers SB Concession
4802 Meadow
2
11 x 4
Byers SB Maintenance
4802 Meadow
1
11 x 7
Byers SB Pole Barn
4902 Meadow
1
16 x 9
Charles Black Center
3419 Washington
1
8 x 8
Charles Black Center
3419 Washington
1
11 x 14
King Center
1522 Linden
1
8 x 8
Kennedy Park
2700 Westmore
1
6 x 7
Kemedy Pool
2700 Westmore
1
16 x 8
Elbel Maintenance
26197 Auten Rd.
1
12 x 14
Elbel Maintenance
26197 Auten Rd.
3
10 x 8
Elbel Maintenance
26197 Auten Rd.
1
8 x 8
Elbel Cart Barn
26593 Auten Rd.
2
14 x 12
Leeper Main
800 N. Michigan
1
8 x 7
Morris Performing Arts
211 N. Michigan
3
8 x 10
Century Center Dock
120 S. St. Joseph
3
20 x 15
Century Center Dock
Fire
120 S. St. Joseph
2
12 x 15
Pinhook Outside
Concessions
2800 Riverside Dr.
1
8 x 3
Pinhook Coat Room
2800 Riverside Dr.
1
6 x 3
Pinhook Inside
Concessions
2800 Riverside Dr.
1
8 x 3
Pinhook Rental Kitchen
2800 Riverside Dr.
1
6 x 3
Pinhook Lower Level
2800 Riverside Dr.
1
10 x 7
Pinhook North Door
2800 Riverside Dr.
1
14 x 7
Maintenance Garage
1020 High St.
22
12 x 14
Maintenance Garage Out
Building
1020 Hi h St.
1
12 x 16
Maintenance Garage Out
Building
1020 High St.
1
14 x 16
Maintenance Garage
Mower
1020 High St.
1
8 x 8
Cove Garage
501 W. South St.
1
14 x 14
Cove Tiki Hut
501 W South St.
3
10 x 7
Police Department
Police Department
701 W Sample St.
25
12x12
Street Department
Street Department
731 S. Lafayette Blvd.
13
18x14
Street Department
731 S. Lafayette Blvd.
1
20x 14
Street Department
731 S. Lafayette Blvd.
2
9x10
Waste Water
Headworks Building # 1
3113 Riverside Dr.
5
Rolling
Old Bar Screen Building
42
3113 Riverside Dr.
1
Rollin
Scum Building #4
3113 Riverside Dr.
1
Rollin
Compressor Building #5
3113 Riverside Dr.
1
Rolling
Compressor Building #5
3113 Riverside Dr.
1
Sectional
Daf Building #7
3113 Riverside Dr.
1
Rolling
Reuse Building # 12
3113 Riverside 'Dr.
1
Rollin
Gallery #4 Building # 14
3113 Riverside Dr.
2
Rollin
Admin Building #15
3113 Riverside Dr.
1
Sectional
H
Dewatering Building
#20
3113 Riverside Dr.
6
Rolling
Equipment Service
Building #21
3113 Riverside Dr.
10
Rollin
PoppyLS
US 20 West at Poppy Rd.
1
Rollin
Sa e LS
US 20 West at Sage Rd.
1
Rollin
Organic Resources
4340 Trade Dr.
5
Rolling
Organic Resources Fire
Door
4340 Trade Dr.
1
Sectional
Water Works
North Station
830 N. Michigan St.
1
11X12
Pinhook Plant
2801 Riverside Dr.
1
8X12
Olive GAC
915 S. Olive St.
1
12X25
South GAC
3600 S. Main St.
1
12X20
Maintenance Building
915 S. Olive St.
1
1 OX 13
Vehicle Storage
915 S. Olive St. East Side
2
14X14
Vehicle Storage
915 S. Olive St. West Side
2
12X10
BID
CITY OF SOUTH BEND
!N6S
BID N�AMI E Spec AJ - Repair & Installation of Overhead Doors for All City Departments
FOR BID SCLUE December 12,2017 at 9:3,0 a.m.
Hourly Labor Rate Requirements: Cost
ervice Call Hourly Rate '$145.00 wi w tk,j a zdmjo
Labor Rate - Standard Coninercial Garage Door Hourly Rate 165.00 n%vo ioan n,aiiior�
Libor Rate - Concession Roll-LIJ) WirldONN' 145.00-165.00
TT-ff,Tti-E��wrenc--y -Rate 145.00-165.00
Holiday 11ourly Rate $ 145.00-165.00
Bidder (Firm): Overhead Door Company of South Bend Mishawaka
Address: 58745 Executive 1)rJye
City/State/Zip: Mishw-aUka, IN 46544
Telephone Number: - 574-259-2822 Fax Number, 574-259-7049
By
(Signature)
Richard Leave
(Printed Name)
CoinerciqLQ=e al Manager -
(Till�e) j_ _ - ---
12
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Suzanna M. Fritzberg, Member
Jarrcs A. Mueller, Member
13
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Attest: Linda M. Mart4 Clerk
CITY • • BEND .1
t. 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 Bidder's name, address and the
commodity or equipment class ifications and documents, the item (and item number, if any),
and Material Safety Data Sheets (if applicable). All samples must Ibe 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, 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 following address:
City of South Bend
Cllerk of the Board of Public Works
1316 County -City Building
227 West Jefferson Boule\rard
South Bend, Indiana 46601
E
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 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.
5. 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.
6. 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.
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.
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
15
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.
11. 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.
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 AWARDS/DIVISIBLE 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
16
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 an 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 OF 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.
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 Bend.
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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