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HomeMy WebLinkAboutOpening of Bids - Spec U - One or More 2018 or Newer Compact Track Loader - Hull Lift Truck Inc - Bid Security Chk SubmittedBID NAME FOR BIDS DUE Spqc U - One (1) or More 201118 or Newer Compact Track Loader September 25, 2018 at 9:30 a.m. Compact Track Loader Item Est. Item Manufacturer Unit Price No. Qty. 1 T770 Bobcat $32,547.16 Alternates Description Cost Total I Standard bucket with bolt on blade $1,853.20 $1853,20 2 48" pallet forks $763.25 $763.25 3, 24" cold planer $20,371.25 $20,371.25 4 72" broom with water $7,331.67 $7,331.67 5 Trailer - The following are minimum $11,273.00 $11,273.00 specifications for a trailer to haul the above Skid Steer Loader. Kauffman OPTION FOR 18' tilt bed 22' or equal 17,00'0 lbs. $10,687.0'0 $10,687.00 minimum capacity, hydraulic brakes, metal deck, plate fenders, 48" ramps, adjustable tow eye, all lights and safety I equipment to meet DOT standards. Option for backup camera $1,070.00 Delivery Date 90 Days. Year Make/Model — Trade In Unit Price 2001 Unit 222, New Holland LS 180Skid Loader, SN# 188958 $8500 I. 300=1 Address: 28747 OLD US 33 WEST City/State/Zip: ELKHART, IN 46516 Telephone Number: 574-2,93-8651 Fax Number: 574-293-9769 MIKE GRIFFY M BOARD OF PUBLIC WORKS Gary A. Gilot, President Suzanna E. Fritzberg, Member James A. Mueller, Member X (Signature) C74 (Printed Name) (Title) Elizabeth A. Maradik, Member Therese Dorau, Member Attest: Linda M. Martin, Clerk BID NAME FOR BIDS DUE Date: Address CITY OF SOUTH BEND, INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS U - One (1) or More 2018 or Newer Compact Track Loader September 25. 2018 at, 9:30 a.m. Bidder 9/19/2018 (Firm,): 28747 OLD US 33 WEST HULL LIFT TRUCK INC. City/State/Zip: ELKHART, IN 46516 Telephone Number: (574) 293- 8651 Agent of Bidder (if Applicable): MIKE GRIFFY When the prospective Contractor is unable to certify to any of floe statements beloiv, 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 —INDIANA ) SS: ELKHART COUNTY ) The undersigned Contractor, being duly Sworn Upon his/her/its oath, affirms under the penalties of pejury that: I , 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 from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any Successor to, nor an affiliate of, Contractor, engaged in investment activities in 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. 2 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 It -an; 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. 22-54.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. 3 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 WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (l) 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. 6. 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 handicap, national origin or ancestry, Breach of this provision may be regarded as material breach of contract. 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 (l.C. 5-1.6-8-1). 1 hereby certify that 1 and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. l 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 19TI I day of SEPTEMBER 20_18_ HULL LIFT INC. ContractorlB�RLJCK der (Ftrn1-,,, Si nature of Contractor/Bid&—r or Its Agent SUE WILSON, CONTROLLER Printed Name and Title Subscribed and sworn, to before me this day of A,iwl bev. 20 M Commission Expires 4 "fit. 1 r-��,11 „... �,..;,. t Notat blic County of Residence �s . 1 < b d pm,w POMP CWVly HF M. (To be completed only by Cotrtractors/Bidders elaitititrg to be a "local lfidianR birsitiess"ptirsuaitt to LC. 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business" refers to any of thefollowing: (1) A business whose principal place of business is located in an affected county. (2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. (3),4 business that employs residents of affected counties as a majority of its employees. (4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision. (5) A business that has a substantial positive economic impact on the affected counties as defined by criteria in rules adopted by the political subdivision. An "affected county" refers to St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph County: Elkhart County, Marshall County, Starke County and LaPorte County There are the following price preferences for supplies purchased from a local Indiana business: • 5% for a purchase expected by the purchasing agency to be less than $50, 000 • 3% for a purchase expected by the purchasing agency to beat least $50, 000 but less than $100, 000. • 1 % fora purchase expected by the purchasing agency to be at least $100, 000. Date: 9/19/2018 Pursuant to I.C. 36-1-12-22, HULL LIFT TRUCK INC. claims a local Indiana business preference for Project (Project # ) located within the City of South Bend, St. Joseph County, Indiana. The location of the principal place of business is _28747 OLD US 33 WEST, ELKHART, IN 46516: (Address) ❑ St. Joseph County, Indiana X The following county located adjacent to St. Joseph County, Indiana: _ELKHART. ❑ 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 SOCL4L SECURITYNUMBERS. Dated this 19" day of SEPTEMBER , 2018_. <�1ractorlBid er {Firm) 60 -Q ( 0 ) XmAu � nature of Contractor/Bidder or Its Agent c�� � f �I I JLf-e L I SO rn , .Dvl'Ta Printed Name and Title 4 Spec U — One (1) or More 2018 or Newer Compact Track Loader September 25, 2018 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. U — One (1) more or less 2018 or Newer CoWact Track Loader It is the intent of these specifications to describe a diesel powered, Compact Track Loader for use by the City of South Bend Street Department. The City of South Bend reserves the right to reject any and all bids or accept a full or partial award of the bid 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 on a separate piece of paper by the dealer at the time of bidding in order for the bid to be valid. Any items not listed on exception list will be assumed to be part of the unit. Unit to be bid with and without trade in. Please contact the City Central Services Division to view trade in. Vendor to complete bid proposal, options, and non-discrimination commitment contained in this bid specification and attach to the submitted bid. Engine: Liquid cooled diesel, 84 HP minimum. Equipped with glow plugs, 12 volt starting system with 1,000 CCA battery and dual element air cleaner. Engine speed must be operated by hand and/or foot control. 92.0 HP. 1000 CCA Drive: Hydrostatic pump. If belt driven, belt shall not require adjustment. Must be two speed. Yes. Controls: Steering --Forward, Reverse, speed controls and steering controlled by an independent hand control lever with hydraulic power assist. Yes. Boom-4-Aft and tilt valves to be controlled by one independent hand control lever. Yes. Size: Length- - 114 inches minimum 141,6 Width--80 inches maximum 78" Height--82 inches maximum 81.3" Weight-10,000 lbs, minimum 10,5731bs. Bucket Rating --I 8.0 CU ft. minimum 19.1 cu ft 0 Bucket Width--72 inches minimum 80" Ground Clearance-8 inches minimum 8. 1 Bucket: Standard bucket with bolt on blade Performance: Travel speed-- 0-5.5 mph minimum, I" gear, 6.6 mph 12 mph minimum 2 nd gear, 10.7 mph Operating Capacity,-,-2,600 lbs. minimum 3325 lbs Tipping Load-7,600 lbs,. minimum 9500 lbs Bucket Breakout Force-6,500 lbs. minimum 6994 lbs Height to Bucket Hinge Pin-- 130 inches 132" Reach at Maximum Height--34 inches minimum 34,2" Cutting Edge Clearance Height--98 inches 96.3" Hydraulics: 18 gallon minimum reservoir, 2.7 gal/I 2 gal, does not require large amount of fluid containment. Gear Type --capable for optional high flow, dual pump system to 32 gpm minimum. Valves --Three spool, open center series standard, lift with float decent, bucket tilt and auxiliary function. Hydraulic bucket, self -leveling to be provided. Cylinders -,-double acting Yes. Track Drive: 2 idlers/4 rollers per side minimum permanently sealed roller bearings. Minimum 17" wide. Grease cylinder shall be used for adjustment. Yes. Cab & Safety Equipment: Operator cab to meet SAE Specifications, for rollover and falling object protection. Operator cab and side screen provided. Cab must be capable of rotating back for maintenance, seat belt must be furnished, parking brake, strobe light, and work lights to be provided. Grab handles must be provided to assist operator mounting and dismounting loader. Cab to include windshield wiper and driving lights front and rear. Cab shall be heated and air conditioned. Yes. Paint: Paint will be durable and anti -corrosive Yes. Bid Alternates: The following attachments must be bid separate for bid to be valid. 1. Standard bucket with bolt on blade 2. 48" pallet forks 3. 24" cold planer 4. 72" broom with water 5. Trailer - The following are minimum specifications for a trailer to haul the above Skid Steer Loader, Kauffirian tilt bed 22' or equal 17,000 lbs. minimum capacity, hydraulic brakes, metal deck, plate fenders, 48" ramps, adjustable tow eye, all lights and safety equipment to meet DOT standards. Attachments: All attachments must be mounted on a quick change mechanism with pin attaclunent. No attachment will be considered that cannot be removed or 6 mounted by an experienced operator in approximately two (2) minutes. Units must be capable of attaching to and operating the 24" cold planers and skid steer buckets that are now owned and used by the Street Department. Unit must be capable of accepting all City owned attachments, Manuals: Must include a complete set of parts and repair manuals and a second operator manual. Quantity: One (1) more or less Trade In: Unit 222, 2001 New Holland LS 180 Skid Loader, SN#188958 Warranty: 12 month/2,000 hour complete. Vendor to sate additional warranties available. Note: Vendor to provide separate pricing for a skid steer loader, all options separately, trailer and trade in value. 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 selection process. FOB Central Services. Liquidated damages of $100.00 dollars per day, per unit will be assessed by the City and deducted from 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 will award the bid to the lowest responsible and responsive bidder. If the bid is not awarded to the lowest 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. 7 MUMM"Au11110003 -0 I 10 bl-I I U11" I Lai 0 612 L" Mlls] III Q 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 ail other information required. C. The Bidder shall sign the Proposal in the following manner: if the Proposal is made by an individual, hiis/her name and post office address must be shown. If made by a partnershiip 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 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: ORDER OF PRECEDENCE A. Bid Form attached Proposal B. Amendments to Specifications C. Specifications, D, Special Provision E. Instructions to Bidders F. Notice to Bidders DELIVERY OF BIDS A. Bids must be delivered to the Office of the Board of Public Works, 131" Floor, Couinty-City Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235- 9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally, the sealed envelope containing the Bid must be mailed to the following address: City of South Bend Clerk of the Board of Public Works 13116 County -City Building 227 West Jefferson, Boulevard South Bend, Indiana 46601 10 B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The City will not be responsible for deliveries. Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a separate, sealed envelope, with the envelope clearly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid +s for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. ADDENDA — NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. 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. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. 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. 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 11 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. it. 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 ❑ELIVERED 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. lb. 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 12 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 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, 13 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. 14 Form ST-105 Indiana Department of Revenue StateForm49065 (R56-General Sales Tax Exemption Certificate Indiana registered retail merchants and businesses located outside Indiana may use this certificate. The claimed exemption must be allowed by Indiana code. Exemption statutes of other states are not valid for purchases from Indiana vendors. This exemption certificate can not be issued for the purchase of Wig, Vgjtjcles, )tj✓g;ercraft, or Aircraft. Purchaser must be registered with the Department of Revenue or the appropriate taxing authority of the purchaser's state of residence. Sales tax must be charged unless aill information in each section is fully completed by the purchaser. Purchasers not able to provide all required information must pay the tax and may file a claim for refund (Form GA-110L) directly with the Department of Revenue. A valid certificate also serves as an exemption certificate for (1) county innkeeper's tax and (2) local food and beverage tax. Name of Purchaser: Business Address: City: State: ZIP Code: c Purchaser must provide minimum of one ID number below.* m Provide your Indiana Registered Retail Merchant's Certificate TID and LOG Number as shown on your Certificate. T o TID Number (10 digits): - LOG Number (3 digits): a. If not registered with the Indiana DOR, provide your State Tax ID Number from another State 0) *See instructions on the reverse side if you do not have either number. State ID Number: State of issue: N r Is this a blanket purchase exemption request or J� single purchase exemption request? Description of items to be purchased: N. (check one) Purchaser must indicate the type of exemption being claimed for this purchase. (check one or explain) El Sales to a retailer, wholesaler, or manufacturer for resale only. Sale of manufacturing machinery, tools, and equipment to be used directly in direct production. Sales to nonprofit organizations claiming exemption pursuant to Sales Tax information Bulletin #10. (May not be used for personal hotel rooms and meals,) �l Sales of tangible personal property predominately used (greater then 50 percent) in providing public transportation - provide USDOT Number, A person or corporation who is hauling under someone else's motor carrier authority, or has a contract as a school bus operator, must provide their SSN or FID Number in lieu of a State ID Number in Section 1. USDOT Number: EJ Sales to persons, occupationally engaged as farmers, to be used directly in production of agricultural products for sale. Note: A farmer not possessing a State Business License Number may enter a FID Number or a SSN in lieu of a State ID Number in Section 1. C Sales to a contractor for exempt projects (such as public schools, government, or nonprofits). Sales to Indiana Governmental Units (agencies, cities, towns, municipalities, public schools, and state universities). ri Sales to the United States Federal Government - show agency name. Note: A U.S. Government agency should enter its Federal Identification Number (FID) in Section 1 in lieu of a State ID Number. 11 Other - explain I hereby certify under the penalties of perjury that the property purchased by the use of this exemption certificate is to be used for an exempt purpose pursuant to the State Gross Retail Sales Tax Act, Indiana Code 6-2.5, and the item purchased is not a utility, vehicle, watercraft, or aircraft. 0 1 confirm my understanding that misuse, (either negligent or intentional), and/or fraudulent use of this certificate may subject both me personally and/or the business entity I represent to the imposition of tax, interest, and civil and/or criminal penalties. W Signature of Purchaser: Date: Printed Name: Title: The Indiana Department of Revenue may request verification of registration in another state if you are an out-of-state purchaser. Seller must keep this certificate on file to support exempt sales.