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HomeMy WebLinkAboutOpening of Bids - Spec K - One or More 2018 or Newer 1.0 Cubic Yard Loaders-Backhoes - McCain Industries IncBID/PROPOSAL CITY OF SOUTH BEND BID NAME Spec K — One (1) or More 201�8 or Newer 1.0 Cubic Yard Load ers/Ba ck hoes FOR BIDS DUE 401 24,20ii Description Year/Make/Model Unit Price �5&—,/ �vr e Year Make/Model — Trade In Unit Price & TT-8� Q '"De'scription Co�t Total Automatic Ride Control $ 6W 00 01/, 6C) wid� trenching bucket $ 7,400 $ !�7 00 —warra-il—tyon fall machine/5 $ 00 '71- $ 00 y6"'It-5 000 hours 1>6we, fe 4 New taniper i-�jxi r dF> 16-7-�B do $ s-zl 93" efo —New- —needl-e- $ Iq 3,1e) $ 7y,- -C—ham b-t-i`eket P'W �drakv-gkL, $ 147. ov $ Thumb for backhoe bucket dAl al 42, 7 $ 05-o, 00 $ 4 C I "L E5 �LIC V,-C� 3 ia c6o of�) 3 g, 8� o .... . ..... . . Bidder (Firm): All XW? Address: City/S,tate/Zip, Telephone Number: 119,59 10X'2 -4oVa Fax Num��--%—o re) (Printed Name) (Title) BOARD OF PUBLIC WORKS Gary A. Gilot, President Suzanna M. Fritzberg, Member Therese Dorau, Member James Mueller, Member Elizabeth Maradik, Member ATTEST: Linda M. Martin, Clerk molgi; I I PR2 pig �' lull irge Date: A�ddress: City/State/Zip.' 1W f-c Agent of Bidder (if Applicable): ,2018 Bidder (Firm): UE Telephone Number 62 7-, 00 0 When theprospective Contractor Is unable to certify to any of the statements belo)v, itshall attach an explanation to thisAffidavit. CONTRACTOR'S NON-COLLUSIOX AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION RE, GARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITME NT AND CERTIFICATION OF USE OF UNITE D STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) sTATr�, o F lv v 1 s SS: 2-1v The undersigned Contractor, being duly sworn upon his/hor/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the finn, compally, corpora(ion ol, partnurship roproswited by him, entered into any combination, C011USion or agrecinclilt will, tiny person relative to the price to be bid by anyo,no at such letting nor to prevent any person from biddiiig, nor to induce anyone to re)[1-ain ftom bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other. person in reference to such bidding, Contractor further says that 110 lk"S011 or persons, firinS, or corporation lim, have of Will receive directly or indircOdY, any robate, fee, git't, collimission or thing o['value on account of such sale; and I Conti,actor cor(ifics by submissioll of this proposal thatticither conh.,10(01' norany of its principals are presently debarred, SUS11011dCd, I)t,oposed for debarment, declared ineligible, or vok,"ta"i'lY excludcd from participation it, this tran�aetion by any Vcderal department or agency; and 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, "fran!' means the government of Tian 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 ftom 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 pet -son will (i) use the credit to provides goods an(lservices in the energy sector in Iran; and (ii) at the time tile financial institudon oxictids credit, is a person identi fied on list published by the Indiana Department of Administration. 4. Con(ractor doesnot knowinglY el"Ploy or contriiet Witil.all. tinauthorized -,alien, nor retain any employee or contract with a person. that the Contractor subsbquenGy learns is an unauthorized alien. Contractor agrees that lie/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired eirlployms 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 pait 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 unaLitliorized alien, nor retain ally. employee or co.titi.act vitl . i a perion that the subcontract . orsubsequently learns is, unauthorized alien, and that tile. subcontractor has enrolled in and is participating in the E-Verify Program, The Contradtpr agrees to maintain this certification throughout the term of the contract with tile 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 coll-tinissionssliall not 10 Oil( ill tile perfomi, discriminate a ainst any employee or applicant''for emp yal ance of a 9. f 1) iVileges of employment, City contract with respect to hire, tenure, tcrnis,:conditiom, 0 1 or any matter directly or indirectly related to etilifloyment bebausb of race, SOX, Veligi0l), cofor, national origin, ancestry, age, gender expression, gei1der idetitity, somial orientation or disability that does not affect that person's ability to perfonn the work, In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoitig irictoding, but not limited to. I public works contracts awarded under public bidding laws or other contracts in which pu blic bids are �sjolls inay consider (lie .1100 required by.law, tile cj�ty, its qgencies, boards, ()r co.M.ninis.. Contract or's good faitlf e . &118.to obtaiii p,,irticipaticiii by those Contractors cor(iried. by tile Stlt-e of Indiai-at as a Minority 13tisilless ("MBE") or as a Worilell's Bu6ness Enterprise ("WBE") as a factor in determining the lowest, responsible,, responsive bidden 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 WBEYMBE A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibill that. persoa or entity fi-om being awarded a City conit�act for a period of one (1) year frorn the (late of such determination, and such dotern, i 1vMion may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondis orimi nation 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 eniployment in (he porfornlance of this contract with privilegcf,' Of 01"PlOY111011t, Or 011Y 111(atter directly or itidirectly related to employment, becauSe oCraMfeligiOn, 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 founchy products made in the United States (I.C. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in (lie United Swtc� on dii.� project if awarded, I understand I have an affirl-nativo duty to notify the City in my bid that my proposal does no( include the use of steel products or foundry products nuide in the United Slatos. 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 Unitod States made steel or foundry products is unreasonable. Trior to award and upon submission of bid which docs not use steel ptodUcts or foundry products mado in the United States, the City, (hrough its director of public works, shall make a dolori-nination 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, Dated this /0 .— day of ) 20 /PO 01 re of Contr idder or Its Agent " rf, eve") a I Printed Name and Title Subscribed andsworn to before me this __16 day of 20,& My Commission Expires N4—jol k3i b dli cc�4 County of Residence OFFICIAL SEAL LINDSEY TANIS ILLINOIS LNOTARY pUBUC -STATE OFOJJ L fig OMM�� OMMMION EXPIRE 21/19120 MY C '810 �SEXPIRES W'.� (To beconipletedonlyby Catiti-acte�evlBiddepvcfaitiiitig to be a 111ocalIndiana business"pursuant to LC. 36-1-12-22) YNY)TANA 1,0CAT, RINI NESS PREFERE NCE CLAIM A "local Indiana business " refer's to any of thefollowing: (])A business whoseprincipal place of business is located in an afftctedcounty, ())A business that pays a inajority (if itspayroll (In dollar voluine) to residents of affected counlies� (3) A business that einplo s rt�yldenis qf etjl4ted counties as a nuyority of its eniployees. (4) A business thatniokf.�s siquifiWail calWal investinents in the (it -fi!cied counfies as d(fined in rules adopted bythe political subdivWon. (5) A business that has a substantialpositive econoinic iinpact on the affected counties, as defined by criteria in rules adoptedby the political subdivision. A n "qf e h t ,fected county " rq fiers to St, Joseph Cotenty, Indiana, or thefollovving counties located adjacent to St. - osp Coun y: Elkhart County, Alai -shall County, Starke County and LaPorte Count), 7'11ere are thefollowing price preferencesfor suppliespurchzedfroni a local Indiana business: - Blofor a purchase expected by the purchasing agency to be less, that $50,000 - 3%for apurehase expected by thepurchasingagency to be at least $50,000 but less than $100,000, Date: 1 11 Pursuant to I.C. 36-1-12-2 claims a local Indiana business preference for Project V&-C-, N- -oject # located within the City of South Bend, St, Joseph County, Indiana, Eir The location of the principal place of business is A -_�) �2 �-� �,(V qz3- M St, Joseph County, Indiana F� The following county located adjacent to St. Joseph County, India= f-1 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. El 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) tile total payroll amount paid to all employees of the business, and (ii) the total payroll arnount paid to employees who are residents of St, Joseph County and the adjacent county noted above. W11ENSU1>P1,y1NG SUPPORTING PAYROLL RECORDS, BIDDER SHAY, REDACTALL, soaw, Dated this day of. 4-Cl— — — � A� �?Ure�-;�IcFontr'a� idder or Its Agent Al Printed Name and Title SPECIFICATIONS CITY OF SOUTH BEND Spec K — One (1) or More 2018 or Newer 1.0 Cubic Yard BID NAME Loaders/Backhoes FOR BIDS DUE Apiii �4, 201F8 at —9.-.,30 a-Im. pursuant to notices given, the undersignu offers bid(s) to the C I ji�y —6f S 11 in accordance with the following att=hinonf(s) whMi specify the class or itehl numbor or dmeription, quan(ity, unit, unit price. SPEC K — ONE (1) OR MORE 2018 OR NEWER 1.0 CUBIC YARD LOADERS/BACKHOES 00 loadedboehhoe, The 1.'.01lowing specifications doscribe tile jAninnin r L40111CIAS Me equipment bid shall . be new, of curront desigwand production.mO&I iind avallablo to 010, commorcial inarket. Standard items appearh In blished specificadons ng, in (he manufacturi jig: . I furnishe . d . by the bidder shall be included in the bid unless otherwise noted, One copy of the manufacturers published specifications furnished by the bidder shall be included with the bid, The City of South Bend reserves the right to reject any and all bids or to accept a full or partial award for the bid or bids which, in its judgment, will be in the best interest of the City of South Bend, Any exceptions to the following specifications must be noted by the dealer at the time of bidding in order for the bid to be valid. Vendor to complete bid proposal and options contained in this bid specification and attach to the submitted bid. Specified Requirement: 105 net horsepower minimum, diesel 4 wheel drive tractor with 1.3 cubic yard capacity loader, and 18 foot digging depth. General: The tractor loader backhoe shall be standard production for which published specifications are available. Machine modifications to meet the operational and capacity requirements of this specification shall be limited to the manufactarer's published standard and optional equipnmit. All opcqiting �peaifications are based on cur -rent SAE standards and.9hall be the basis fur deternlining�compliance with specified requirements. The tractor, with cab, loader and backhoe shall have a minimum operating weight of 20,000 lbs. The tractor, loader bacldioe shall meet all OSHA and EPA requirements in effect on the date of bid opening. Engine: A four cylinder, turbo charged 105 SAE net minimum horsepower diesel engine producing not less than 330 lb.-ft, SAE net torque is required with shutdown protection for oil pressure and water temperature. Must have block heater. The engine must carry a standard 24-month, 2,000-hour factory warranty. All engine components must be accessible by tilting hood with the loader arms fully raised or lowered. Tractor- A 12-volt electrical system with a 65 -amp alternator shal I be furnished. Unit shall have a 20 amp ignition feed and ground wire with 2,' of wire coiled by shifter for City two-way radio. The power train shall consist of a single stage torque converter, 4-forward/3 -reverse speeds, fully synchronized transmission with hydraulic power reversing. A transmission disconnect button shall be provided on the transmission speed selector and loader control lever, The rear axle shall be outboard planetary final reduction with scaled, maintenance free hydraulic multiple disc, wet brakes. The self-adjusting brakes must have the capability of being operated independently or locked together for simultaneous operation. A foot operated, on -the -go engagement differential lock is required. Steering shall be hydrostatic power. Four wheel drive - An outboard planetary type front drive axle shall be provided with a drive shaft guard required. 14.0 x 17.5 lug -type front tires are required. The four wheel drive must be electronically activated and possess the ability to engage on -the -go, All instrumentation available from manufacturer shall be provided, Tires - Front 14.0 x 17.5, 10 Ply Rear 21 L x. 24, 10 Ply Operator's Cab: The tractor, loader backhoe manufacturer's factory installed ROPS cab is required. The cab shall include the following: 1) Right and left hand doors for ease of entry and safety 2) Front and rear windshield wipers 3) Four (4) front driving/working and four (4) rear work lights 4) Slide window to allow maximurn ventilation and visibility to backhoe 5) A minimum of two opening side windows 6) Doors to be key lockable 7) A factory heater and defogger system 8) Factory air conditioning 9) Factory gauge package 10) Stop, turn, tail lights 11) Air ride seat 12) AM -FM Radio with blue tooth technology An audible alarm must be provided to alert operator if the forward/reverse lever is engaged when the seat is swiveled. Hydraulics- Hydraulics consisting of a minimurn of 42 GPM,gcar type pump, operating at a maximum system relief pressure of 3,000 PSI, and a 7 micron filter is required. Steering shall be hydrostatic and incorporate a double-acting cylinder to provide even and effortless steering in both directions, Unit mustconfonn to IS05010 for emergency steering, Loader, Shall include a single lever control, bucket self-levoling with level indicator and return -to -dig. A factory installed, self -storing safety stipport strut is required. The bucketshall roll back not less than 40 degrees at grokind line and have 45 degfee domp angle at full height. 1.3 cu. yd, capacity minimum, Lift capacity to full height - 7,000 lbs minimum. Dump clearance at fall height at a 45 degree dump angle - 89"minimum. Dump Reach at full height, 45 degree dump angle - 27" minimum. Breakout force - 9,600 lb. bucket I cu, yd. SAE heaped capacity minimum. Bucket to be equipped with bolt -on cutting edge. Bucket shall be able to dig 3.5" below grade with bucket bottom flat minimum. Bucket to be equipped with single or dual dump cylinders parallel with the loader an -as. Backhoe: A backhoe with extendable dipper with a 2 foot flat bottom trench depth of 19.5 feet is required, The digging force of the bucket cylinder shall not be less than 13,000 lbs. The backhoe retracted shall have boom lift capacities per SAE J31 and J49 specifications, not less than: 2,300 lbs. minimum at 8 foot below grade 2,400 tbs. minimum at ground level 2,500 lbs, minimum at 8 foot above grade The backhoe shall be furnished with a 24" trenching bucket. The backhoe boom shall have a lever -controlled transport lock/unlock within the m operator's platform, When transporting, the backhoc must be in the over c(, ter position. The reach from swing pivot to bucket tooth shall not be less than 19'6". Two stabilizers with a minimum spread in operating position of 9'5" is required for stability. The backhoe shall have a swing arc of 180 degrees or more. A hydraulic bucket -attachment coupler shall be supplied allowing bucket - attachment removal and replacement by one person within a five minute period. Coupler shall be compatible with the City's existing compactors and hammers, Backhoe shall have 2-lever controls. Hydraulic Controls: John Deere type equal to what is currently in use by the City of South Bend. Auxiliary Hydraulics: Unit to be equipped complete with an auxiliary hydraulic system including all connections to run the City's existing compactors and hammers. Performance Evaluation., Each bidder should be prepared to provide the City with a unit for evaluation. A performance evaluation will be conducted by a team of City employees. Performance as determined by the City will be used to decide if the unit bid is responsive to the needs of the City of South Bend. The City of South Bend reserves the right to have a representative from an outside agency attend the performance evaluations, The results of these performance evaluations will be used to determine if the unit bid meets the minimum performance standards of the City of South Bend. The evaluation results are the property of the City of South Bend and cannot be used by anyone other than City employees for evaluation purposes. Manuals: One (1) each, parts & service manual and 3 operator's manuals shall be provided at time of delivery. Trade-in: Unit to be bid with and without trade-in: Unit 585, 2002 John Deere Loader, VIN# T0410GX910542 'Each trade in orice to Delivery: Bidder must state an accurate delivery date which shall not exceed 150 days from the date of 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 will be included as an integral part of our bid sek-ictiou process, FOB Central Services, Liquidated dainages of $100.00 dollars por day, per unit will be assessed by the City and deducted fi-om, any monies owed to the vendor if the units are not delivered complete to the City by the stated date. The unit and all related paperwork is to be delivered to: Central Services Division 1045 West Sample Street South Bend, Indiana 46619 The.Board wi . 11 awar( . I the bid to tho lowest responsibleand responsive bidder. If fl-ic bid is not awar&d to the lolvest bidder, the factorS U80d to justify the tiwards 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. Misc: Combination stabilizer pads, strobe light, cloth suspension seat, minimum 40 gal. fuel capacity. Machines shall be full of fuel and ready to operate when delivered. First fall service of both machines will be performed at Central Services, 1045 West Sample Street, and will also serve as a training session on loader/backhoe maintenance for mechanics. The cost of this service will be included in the bid price, Warranty: The successful bidder and the loader backhoe manufacturer are required to provide limited warranty for a period of 12 months and -unlimited hours. All warraigy work nip t additional charms —to the City. If it is necessary to transport the machine to a service, facility, it will be done at the vendor's expense, The engine, torque converter, transmission, drive - shafts, and axle must be warranted for 24-months or 2,000 hours. Vendor to provide pricing for extended warranties. Quantity: One (1) or more. Options: 1) Automatic Ride Control 2.) 11 wide trenching bucket 3.) Extended warranty on fall machine/5 year/5,000 hours 4.) New tamper 5.) New needle 6.) Clam bucket 7.) Thumb for backhoo bucket SpeelhI.Note: Trade-in priges to be list&l senaral:(O, Performance you can count on CUSTOMER/PURCHASER NAME Jeff Hudak ****ALTERNATE BID**' CUSTOMER NUMBER ORDER DATE 04-16-2018 D/BIA AC90UN MANAGER CUSTOMER PO # City Of South Bend Indiana - Central Services Division M 8entry STREET ADDRESS WRITTEN BY CUSTOMER JOB # 1045 West Sample Street Mike Gentry CITY FSTATE zip �)t U nyle South Bend Indiana 46619 s p h CELL PHONE .] BUSINESS PHONE BUSINESS FAX E-MAIL 1 574-235-1751 1 jhudak@southbendin.gov NO DELIVERY OF GOODS TO BE MADE UNTIL FULL SETTLEMENT IS RECEIVED DELIVERY TO BE MADE ON OR BEFORE DELIVERY ADDRESS (IF DIFFERENT FROM ABOVE) OR AS SOON AS POSSIBLE CITY, STATE ZIP QUANTITY YEAR 2018 HOURS 0 MAKE, MODEL, DESCRIPTION Case 980SN Backhoe-Loader 2 door CubMtrJACIRadio, 95 Not hp. SERIAL NUMBER TBA CAS PRICE EXH ITEM $ 87,321 M NEW 1 I USED RENIAL 4WD Pwr Shuttle Trans., 19.5Lx24 10 PR Tires, 12xI 6,5 fr. tires, ALTERNATE BID $ E-hoe, heavy fr. CWT, Ex(irdboe, Dual' lover cirl, 1-way flow w1rn cul. $ cri1r, hyd, pin & rls� 93" wide, HD L-Rp 1.3 cu.yd Bucket, $ 24" Trench Bucket w1leath, Beacon, Daul start half, dJx a�r susp seat TRADE-IN EQUIPMENT TRADE-IN SHP TO: I-] BoIingbrook El McHenry Iii Schererville I SELLING PRICE TRANSPORTATION TO BE PAID BY: $ $ 87,321.00 OCUSTOMER 19MCCANN YEAR ;HOURS DE59RIPT1QN TRADE ALLOWANCE AMIT OWING NET TRADE ALLOWANCE OWED TO WHOM NOTE # MAKE MODEL SERIAL# 2008 678,4 Case, 580SN TLB, N18C5041,86 24,000.00 0.00 24,000.00 0.00 0.00 TOTAL TRADE ALLOWANCE 1 24,000.00 1 0.00 24,000.00 ] purchaser hereby bargains, sells and conveys unto Seller the above described Trams -In Equipment and warrants and cortaws It to be free and clear of lions, encumbrances, and security -Werests oxcegt as shown above. 1. Doc Fees 2. License& Title 3. Extended Service Contract 4, Physical Damage Insurance 5. Total Other Fees (1+2+3+4) $ O�00 $ 0.00 $ O�00 $ 0.00 $ 0.,00 1, # Months 2. Monthly Rental Rate $ 0.00 3. Total Rental (1x2) $ 0.00 4. % Credit Granted 0.0% If purchased within: 0-30 days _ ...... 100% applied 31-60 days ......... 90% applied 61 & after .... ...... 85% applied 5�. Rental Credit (3x4) $ 0.00 PLEASE SEE REVERSE SIDE FOR TERMIS AND SIGNATURE 1. SELLING PRICE of'az 1, V 2. TRADE ALLOWANCE (per above) 24,000.00 3. NET PRICE (1-2) $ 63,321.00 4. LOCAL SALES TAX 0.00% $ 0.100 5. AMOUNT OWING city Rate $ 0.00 6. FREIGHT $ 0.00 7, OTHER FEES (per left column) $ 0.00 8. TOTAL PRICE (3+4+5+6+7) $ 63,321 �00 9, CASH WITH ORDER $ 0.00 10. RENTAL CREDIT (per left colurrin) $ 0.00 11. BALANCE ON DELIVERY (8-9-10) $ 63,32,11.00 TERMS: IN CASH ON DELIVERY El RETAIL INSTALLMENT CONTRACT (Terms Subject to Credit Approval) If retail contract, indicate desired length of contract years If retail contract, indicate desired interest rate % ALL TERMS SUBJECT TO CREDIT APPROVAL PAGE 1 OF 2 Indiana Addison 0olingbrook Chicago Crestwood McKer" Waucanda Scherervilla 543 S> R'J' 250 E, North Frollaqet Rd, 2350 8, Laffh St 47GI West 137h st 4 1 W W, C4yt�u)l I �x,** R rt� 1305W N� Hand Rd, 11'0 Blvd, AtI69an, It 0101 IL 00440 (,,ht ago, FIL 6060R Ore-MyawJ, IL 0445 McHonry, IL 60OW Walwonda, It, 601*4 414 46375 Plicim (.630) 627-0000 Phone: (00) 730-7110 Phone: (312�042�0200 Pnorie� (708) 697-3110 Phone: (815) 3854*0 Phcno: (&4Z) 626 Pnono � (2 T 9) 865 6546 Fax: �630) 13)27�871 1 NIX: ((5,10) 7 3 9, 7 W R Fax! (31?�421-3502 Fax� (AWJ) 597�9945 Tax: (815) 313r0915 fax� (1�47) 626,g448 Fax� 0 19) 88 �S C! 69 Serving the conslrllctor`�' Performance you can count on Ffillipment Fit 1,;wplip�s - sefvj�,p WWW,MCCw1!1OnlIr1(1'C0I1'T BASE WARRANTY ON EQUIPMENT Warranty coverage on the equipment covered by this order, if any, has been explained to purchaser, The warranty coverage is outlined below and indicated by (he box Checked. IN NEW CASE PRODUCT WARRANTY or qualified Case warranty WARRANTIES PROVIDED BY THE SELLER ON NEW CASE PRODUCTS SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. El NEW -Other manufacturers warranty El USED -Men the equipment covered by this order is used equipment, THE PURCHASER STATES THAT HE EXAMINED THE EQUIPMENT and is buying the equipment AS IS and with NO REPRESENTATIONS OF WARRANTIES unless otherwise stated in writing below. EXTENDED SERVICE CONTRACT Accept Decline $ Deductible Initial Initial El Full Machine El Power Train 1:1 Power Train + Hydraulics EJ Power Train + Electronics -Hours Months purchased, the term of the extended service contract beQins concurrently with the base warranU start date and ends wFlh extended service contract expiration date or maximum hours (whicheyor co s flrqtl .me PREVENTATIVE MAINTENANCE PACKAGE Accept Decline Quote Number Initial Initial Purchase Price $ Term: Years Hours Financed with Machine: Yes El No 1:1 PREVENTATIVE MAINTENANCE PACKAGE SHALL BE GIVEN TO PURCHASER UNDER SEPARATE AGREEMENT, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED BY PURCHASER. PHYSICAL DAMAGE INSURANCE Accept Decline $ Deductible Initial Initial y Month[ XF_ Numberof F Total Premium Calculation: f Equipment X .. Xcluding sales ta�) I I Rate Months Premium $ X X $0 SALES AGREEMENT The Customer requests that McCann Industries, Inc. �Fherftinafler referred to as �McCann'), sell, rent, loan, demo, service, and repair goods and equipment on account in consideration ofwhich the Custornerand McCann agree as follows: Payment for equipment is due at lime of order end in no event shall rutuipment be delivered prior to full settlement, Th. Cruilcum., hall pay the fall amount of any outstanding balance shown on the monthly thirty 00) days ofthe Inv?1c e date. Should payment not be recedved by McCann ateordaiq to the credit Wads rated, the halims. is considered in default and due W irdmadiale payment Customer agrees to pay a service charge on the outstanding balance for which payment has not been received according to terms stated. The service charge hall be . minimum of i-I" per mouth of the Custorner's outstanding past do. brihmo., star deducting 0 ... erd payment. end credits, Svch service charges she 11 become part of the Customer's outstanding balance. Customer agrees to pay McCann . a .... able processing fee to cover any rhfm� returned by Customer's bank an unpaid, It the Customer fails topay pursuant In due terms ofthis agreement and McCann elects to take action to collect ibis Accoumt, the Customer shall pay all crisis incurred by McCann including. but For limited to: Attorney,. fee., collimium agency Itm., Court deposition and transcript costs. sheriffs fees. special process server fees expeit veimens fees and bond costs. THE CUSTOMER ASSIGNS AS SECURITY FOR ANY INDERTEDNRSS INCURRFO OR TO BE INCURRED TO McOANN UNDER TH,$ A=OUNT AtL OV THE CUSTOMERS PRESENTLY OWNI�0 AND EXISTING AND HEREAFTER ACQUIRED AND ARISING: ACCOUNTS, ACCODNTS RECEIVABLE. CONTRACT RIGHTS, CHATTEL PAPER. EQUIPMENT. INVENTORY.ANDALLPROCELI)SOFTHE FOREGOING COLLATERAL. CUSTOMER APPOINTS ANY REPRESENTATIVE OF M.CANN AS CUSTOMER'S ATTORNEY-INT-FACT TO SIGN AND FILE A UrC-1 FINANCING STATEMENT TO PERFECT THE SECURITY INTEREST. THIS TRANSACTION SHALL BE GOVERNED BY THE LAW OF THE STATE or ILLINOIS, AND JURISDICTION AND VENUE FOR THE HEARING FOR ANY MATTER IN DISPUTE SHALL BE WITH THE DUPAGE COUNTY CIRCUIT rOQRT OF ILLINOIS, Customer waives any right to a jury trial and any right to lue a Counter -Claim in any actoo to tmfoica ihTs gqndhnfiut� At McCann'. sale dirrorelf.., any deposition will lake pi... in D.P.g. Co.," . Time is of the essence of Ibis contract and it Customer fails to comply with any of the terms and conditions hereof or defaults in the payment of any �nstallmenit hereunder or under any renervals hereof. oi in the payment of interest of defaults in the payment of any installment due under any other indebtedness or contract held by the McCann or Assignee. or if proceedings are Instituted against Customer under any makes an ...igrormat(mimb ... fit 0, creditors or if for any reason the McCann deems himself lasectue and so declares all payments heretofore made by Customer shall be retained by the McCann and all indebtedness hereunder shall become immediately due and payable, Atli or without notice. together with all expenses at collection by suit or otherwise, including reasonable attorney fags and McCann may, without notice or demand, lake possession ofthe artupmerd set forth an [he revause hareof OF any addition$ lo� replacements of. or any proceeds from said eittgpinent or may render the prop" unusabia or McCann may require Customer to assemble the property and make it avaitable at a place designated by McCann, McCamn may resell the retaken property at public or private Sales in accordance Will the Uniform Commercial Code or appTleablo slate or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, olhei selling expenses including attorney fees and itniml ..p ...... the remaining proceed. of Sale shall he credited upon gre amount of indebtedness remaining unpaid hereunder. and Customer agrees to pay any deficiency upon demand by McCann. and surplus. however, shall be Paid to CUF;Ioado�. Said retaking or ran ...... led hall at be rearned rescission of the coutract. McCann may exercise any other fights and remedies provided by applicable law. The remedies rovided for herein aze not exclusive and any action to enforce payment shall not waive or affect any of the holder's rights IG have recourse to the property. The transfer of this contract shall operate to Pass a security interest in the property as security for the payment hereof. Th. Cuatm.r acknowledges that it has special kill sort knowl.offint In the and use of the equipment and mahmal to he purchased. loaned, used for demo or rangesi both McCann and expressly Firmlainvis any reliance upon any statements or representations made or to he made by McCann regarding the sale. rental, demo or repair of any material or equipment. The Custome� also acknowledges that it is their responsibility to comply with the manufaGturer's instructions in regard to star age, preparation. mixing. and application of materials and expressly disclaims any reliance upon any statement or representations made or to be made by McCann regarding the materials. MCCANN MAKES NO WARRANTIES. EXPRESSED OR IMPLIED AS TO THE EQUIPMENT's MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE. The Customer also waives any liability upon McCann for any direct, special, or consurgriamial damages that Cost—, may uff.,. Th. exact immm, in which ibis equipment will be used and the qualificatious of the user and the equipment or lack of equipment of the user .,a heymcd the control of the McCann, therefore McCann expressly disclaims any responsibility for Customer's compliance or failure to comply with OSHA andlor other governmental safety or health regulations or standards. Th, Customer authorizes any of its employees it sends to McCann to deliver or pick up equipment or materials. for purchase, loan, demo, rental. or repair. to sign demo, rental or delivery receipts of repair orders for said equipment or materiats and agrees to be bound by all the terms of said documents. If McCann's employees assist in loading of unloading, the Customer agrees to assume the risk of, and hold McCcmn harmless Dom, any propertyrdamaged or persOnal injuries attributable to the negligence of McCann, including McCann's employees. in the event the Customer directs McCann to doWer any material or equipment, and the Customer d... not It— . repa—mativ. present at gve time of delivery, the Customer authorizes McCann to le av the material and equipment at the designated place of delivery. Upon said delivery, the Customer will be responsible for said material and equipment. McCann's use of a purchase order number is for Customer's convenience and idem ificatioh only. This agreement supersedes any Inconsistent Provision in any purchase order. Absence I . pirch... aid., munbe, hall of constitute grounds for roun-paymant ofebargee when the customer has had pors;essmn, or the tight to possession of the items charged. Customer agrees to inspect all material immediately upon delivery to verilyr (a) [he quantities desc6bed in the agreementare the quarklies defivered and (b) there are no visible defects in the material. The Customer also agrees to examine all delivery fickels and invoices uport mca�pk Unless the Customer gives McCann witted notice by celfifierl mail-retum receipt requested within three (3) days of deilveFy. the Customer waives any claim he may have against McCann (or any disterminalife deficiency or defect in sold delivery, product, or repair, and any objection he may have to the amount of the Invoice. The Customer shall indemnify and bold McCann harmless against any and all dalms, demands. liabilities, losses, damages, and injuries whatsoever kind or nature, and all ahomeV's fees, costs and expenses relating loorin anywayansing outof the ordering, acquisition. delivery, i-al-lanon. possession. maintenance, use, operation. central, rons damage, destruction, return. surrender. select disposition ofthe material anciror equipment purchased, loaned, used for demo or rented from McCann This indemnity shall not be affected by any termination of this agreement with re.pimt to aid materials Fund equipment. McCann stout be excused if delivery is delayed at rendered impossible by differences with workmen, strikes. work stoppages. car shortages, delays in transportatian, inability to obtain labor or materials and also by any cause beyond the reasonobta control of McCann, includiaglout not restricted to acts of God, floods, fire, 8torm, act& ofeivg and military authorities, war and insurrections. The parties agree that this is the entire agreement and that no oral reptesentation or agreement has been made which would modify this agreement or be a condition precedent or subsequent to the onforcement of this agreement and libat this agreement may nor be modified except by a writing signed by each of the Zia.. Th. invalidity of say poA.n of this ofl,eenrumt hall not he construed A. . wai-, thereof and shall not vaus, Customer from stdict performance. Customer authorizes McCann to insert the sedal anNor model numbers of the goods set forth on I e reverse side hereof for the proposes .1 Iderififyintif said owilontorl. Customer represents that he has read and has been afforded the opportunity to read the terms of this agreement and agrees to be bound by them. IT IS UNDERSTOOD THATTHIS IS THE ENTIRE AGREEMENT BETWEEN PARTIES AND IS SUBJECT TO ACCEPTANCE AT ADDISON, ILLINOIS. ACCOUNT MANAGER: Mike Gentry PURCHASER: City Of South Bend, Indiana (COMPANY) BY; DATE: 04-16-2018 BY: DATE: Authorized Signature Authorized Signature ACCEPTED: MCCANN INDUSTRIES, INC. NAME: Print Name TITLE: NOTICE TO PURCHASER Caution. Do not sign this contract before you thoroughly read both sides of it or if it contains blank spaces, even if otherwise advised. REV. 7/2007 You are entitled to an exact and completely filled -in copy of this Contract when you sign it. Keep it to protect your legal rights. PAGE 2 OF 2 1111allil* litji3113 Addison Bolingbrook Ch"at Criflialwood MoHeirwy Wauconda 643 S, RoIntwing Rd. 250 Cn� North Frontoo Rd, 2350 8� Ln" 5t, 4701 %%!Ft 1371h Srl� 4102 W, CiryfAM Lake Rd� 1,91�G N, Rond PA, t 133 rldilnnpulk� Blvd, Addiwn, JL 60WI wit'qurook, IL 50440 C.?lncago, IL 06W (7,teatviocid. IL. 604A5 McHenry. IL, OW50 WaLlconda, It, 601A4 Ncheftyvil�o, �Iq 46375 Phone-, (630) 6n-WOO Pirnam (00139-7770 Phone: (3121o942-9200 Phiano' Phwf�; (915)366-CA20 pilwo, (a2t?) S26-9444 phcfls: (2io)866-6,545 Fax: 62741711 I'mc (630) 739-7t399 F-�U� 1(1112�4PI-3502 FzLXl (708� 597�9945 F-4�x: (815)3B-5-2975 Fwi� (a47) 526�944a Fax; CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS �RM 8 A �ND E X�Q, U �O A, Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do s o will be at the Bidder's risk. B. Each Bidder shall furnish all Infortr8tioll peoutred by the Notice, Instructions to Bidders and Specifications. Bids 4rust be njado:onthe form provided. The . Bidd . 61' . shall sigil tile Proposal -n, where lndic4ed� peovidd a and Non -Collusion Affidavit, which Is a pol,t of the provided (on 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 piertnership or joint vent6re, the Haire 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 tile Proposal In its behalf, 2. SEALED _BIDS ONLY A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed envelope,marked oil the outside with the general classification of material bids, I.e. "Bid for Computer Equipment," "Bid for Front End Loader," or "Bid for Off Ice Supplies." B. When sairples are rociulrod, such samples shall be delivered or shipped at the bidder's expense to the address specified lin. the.lilvitatiOn to 1310. �aj-nples must be 6111000d separately from bid docurnents.and laboled clearly with the Bidder's name, address and the co . mmodify o� equipment Classifications and documents, the Itern (and Itern.n.timber, lVany). and Material 86fety Data Shoots (if applicable). Alf s inpleis �nust be reprosentative Of the a commodities or equipment which will be supplied I)y tile sudces�ful. Blddei% All samples will become the property of the City of South Bend and tione will be roturned,. unle.ss otha,.Iwi�o 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. aRDER 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. 0EI_iVERY.aEa1_1_)S A. Bids must be delivered to the Office of the Board of Public Works, 131h Floor, County -City l3uild . Ing, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235 9261, by tile (!me specified (local Urne) In the Notice to Bidders, If not delivered personally, the sealed envelope containing the Sic] 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 Depai . �tment will be considered a9ent of the Biddor in delivering tbe bid.. The 8 cc City will not be responsible for deliveries. Any Bids received after the time p - ified 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 It! a sepprate, ggaled ellygL6po he outsi 0 with tile bnvelbpe,.Clp�� on d as to the specific item for which the.bld Is.being submitted.. Bidders may submit� �,eparate bid bonds for each item being . bid upon OR may Sul)t-nit one (1) bid bond WILIal to 10% Of (110 combined tot at o f all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. 5. .. DDENDA — No VERBAL INTERPREI6TIONS A. No inq0iries by Biddors relative to Interpretation of Plans, speclflc�(Ions,.Speclal Provisions, or other Bidding Oocuments will be answered verbally. If any OrOsPOCtive Bidder Is unable or unwilling to comply with one or more requirements of the bidding documerit, such Bidder should to Informthe Board of Public Works in writing. Upon recelpt of -�Voh; Inrorniation, consido ratio n will be given to the advisability of issuing an Addendum wilich would thereupon become applicabl . e to all Bidders. Anysuah Inquiry must be submitted at least seven (7) days prior to . the bid open' d te,in Order to give the Board:sufficlont time to consider any Ing a. necess . ary Addendu'rn. Al) answers. to such inquiries, in the form. of Addenda) Will be furnished to all ith the City� All Bidders Ore required to pro8pective Bidders who have registered. wl acknowled& receipt of any Addenda by,.Inserthg the Ad d,on.duro nufriber and the Issoing date on executed Proposals. 'ER ILION EgAggB- COMP E-rE:.B.i.Ds . _L:s IN I, 6, 1jEJFCJ: rAINING.,6LI AND ETC A. Proposals,shall be rejected if they show any alteration of form, additions not called (or. oonditional or alternate bids (except when and Insofar as arla invited), incomplete bids, erasures or Irregularities of any kinds. B. All blank spaces for bid prices, mutt be filled In, it! ink, with the LI.111,t. price a. nd total price f& each item . (This does not apply.to divisible bids)i In case of illoorrect totaling of amounts nhd where the unit price.andthe oxtonslon thereof do notagreei the unit peice for each Item Shall govern, and the City is authorized to correct.all erroneous extension and totals for the ptirpose of comparing bids. 7. _J�RAQE DISCOUNTS A, Trade discounts shall not be shown separately, but shall be Incorporated in the Bidder's unit pri ce, unless otherwise specified. 8, VEHICLE BM A. Bidders may bid on one (1) or more vehicles, provided however, that the bid sohnnifted for each ve . hicle is delivered in a separoLeisealod envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or morevehIclos, provided however, that the NO, led envelope, by vehicle, with tile subm Itted for each vehicle is delivered in a sepat rite, sea envelope clearly labeled on the outside as to the specific vehicle forwhich tile bid is�belng submitted. Bidders may submit separate bid bonds �for each vohicle being bid.upon Oil MY submit one (1) bid bond equal to 10% of the combined total of ail vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. 9� IAX EX—EMPTIONS A., The City of South Bond Is exopipt Rom the payment of federal excise and tmsportation taxes levied under the provision of the Internal Revenue Code. it is also exempt from tile Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. to, Wgi-IbRAWAL bF 6.108 u st to withdraw a A, Withdrawal of bids will be allowed only In those cases in which a written req e bid Is received by th . a 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� E NT CLAUSES A, The usia of escalator clauses or other contingent clauses by the Bidder I I s prohibited, unless requested or pormitte� by tli(-,N 11rivitation to Bid, No Proposal.shall conta.1n nor be accompanied by any writing puiportino to limit or joalify tile 01(y's.right. to accept such Pro any Contract which rhay be executed . posal or purporting to alter such Proposal of pursua nt thereto. 12. MICES A)ST BE br-MVMM PRIG materials shall be shipped F.O.B. destination as .A., The bid. price 6h.-all be a dol.lvorod price. All specified . i . n the Invitation to Bid. No fuel surcharges apcepted. 13. AWARD —WAIVER OF TECHNICALITIES A. Tile Award of Bid,lf any award be Made, will be made within sixty (60) calendar days after the opening of Proposals to tile lowest eesponsible"and responsivo Bidder who's Propos. a..I complies . with all the recioirements prescribed, exclusivi) of technic-111t.los waived, Until the . filial award of the Bid, however, tile right Is reserved by tlie City to reject any and all Proposals and to waive technical errors. 14. SP1_11-TING OF AW—AR lVI$IBLE B.1138 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. Tile 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, A, TheCit Maly reqUire any Bidderto submit,6vildchdo of quolifications). and may corlsideraily y evidence of the finand, al, technical, and other qualifications and abillties of the Bidder. The City wil .. I not aw . ard a Contract to a Bidder whoi in Its opillion, is not ful.1y qualiflod on the.basis of financial resourcos and responsibility, possossionof�.adequate OqL lipmeM, personnol, experience, and past record of performanceto perform the obligationg to bO Undertaken competently and without delay. 16� PURCHASE ORDE A, A Purchase Order.will be issued to the successful Bidder after formal acceptance of the bid is made by the City. �_WAN �UFAQ�TUR E� A. Unless.othorwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. 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 ,,hall 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. INSPE)QTION 30Q A, The City of 8out.h Bend reserves the rlghtto Inspect and have any goods tested after delivery for compliance w . ith the sP60ific8tiOns. Notice of latent defects, which would mak6 the itern 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 6ontractor at the expense of the oJe Contractor. If the Contractor falls or refuses to remove ifie r ' cted items, they may be sold by the City of South Bond. C. In some cases, at the discretion of the City, inspection of the commodities or equipimnt will be made at . tile factory, plant, or other establishment where they are produced before shipm ent. 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.personJo whom a Contract has been awarded may assign his Interest In the Contract Without the conse nt, in writing,. of the City. 22, CANCELLATION A. The City of South Bend reserves the right to cancel any Contract (or failure or refusal of Perforthandej fraud, deceit, misrepresentation, collusion, conspirady,or any othbr.misconduct on the part of the Contrac ' tor. 23. DE-DUC MbNOF: DAMAGES If the City cancels the contract for any cause, It shall deduct from wh6tover is owed the Contractor on the Contract or any other Contract, any amount surfi Icent. to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 24. METHOD.OF INVOICING FOR.P.A.YMENT 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 0ontrattor allows a. discount, the poriod of lime In the City M10 mako payment to qual . if . y for the discounts shall be. cornputed frorn the dzite the City received the involco (col-opletely 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. oWNEP,81110 OF GOODS A. The uo , ods 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. ESJIMATED,.Q[JANTITIr--S A. If -the quantity set forth in the Notice to Bidders and Proposol Is approximate and reprO§WS .the estimated requirements.of the City for a specMed period of time, the wit 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 e5t.lM8t%:b(1t tile city shall neither be obligated nor limited to.any sppcificarnount. The City will, If at all possible, res(rict increases to twenty porc�ent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty . percent (20%) of the estimated quantity. 27. TERWOR EQUAL" A. Whore the term "OR EQUAL" is used in these Specific.ationg, the Bidder deviating from specified item shall file with his/her.bld a. letter fully 0XIII81hing and jos.tifying his/her proposed article or equal. The City of South Bend shall be the Sole]LIC190 In determining If the "OR EQUAL" offered meets the Specifications. 28. INI A N 8� e defend, and hold harmless the city of South Bend, its 10 3"M T' in nil, m 011r "01 r 0 r fr all c s. losses id claims and sUi(S, including cml costs, onI or ou of the negligont performance of this 0 6 �O 8 ar eml)loye" 0M os� I fl 'g _111 tj 0' ox )on ses , arfs 110 attorlley 0", 1 6 0 1 1 1 1 1 t f 0 B 0 0allse or I Contr. by ;h id r or be �rs ng ou 0 any defect in the goods, materials or 1C 0 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, ptease confirm that your package will arrive before the bid opening time and date. NOTICE TO BIDDERS Nollco is hereby given that the Gity of 86uth Bend, In(ji-ptin, will.recolve waled. bids at tile Office of the Board of Public Works, 13th Floor, CoujityGlty Building, Room 131 . 6, 227 West Jeffeh'soii, South Bend] I"diana, until the hour of 9:30 AM Local Time, on Aprit 24, 2018, for thO f0110WIng, Spec K — One (1) or More, 2018 or Newer 1 .0 Cubic Yard Loaders/Backhoes Specifications are available for download by visiting the City of South Bend's web page at www,southbendin.gov.* x Click on "Business" • Click on "City Public Bids" • Click on "Request for Proposals, Vehicles, Equipment and Miscellaneous Bids" • Click on "Bid/Proposal Interest Fornf' and register your company to receive updated information • Select specification to download • Print the specification or save it to your computer There is no charge for the specifications. The specifications gro also available for review onjy during regLl . lar working hours in the Department of Public:Works, 1308 County -City BuIldhg, South Bend, Indiana 46601, Bids received after 9:30 AM, Local Time, on April 24, 2018, will be returned unopened, Bids Illutt be (ill tile City of South Bend BldlProposal form provided, which includes a Non - Debarment Affidavit, Non-Discriminatio . n Co . 111mitIllotit. forin, and a Non -Collusion Affidavit Form. Certified Check or Bid Bond in the annount of not less thall 10,1/o njust be submitted with the bid. A refund of the bid security will be Issued upon satisfaction of Bid Award. The Board may reject any bid that does not conform to these requirements as non -responsive. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interest of the City of South Bend. BOARD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two times: March 30, 2018 April 6, 2018