HomeMy WebLinkAboutOpening of Bids - Spec N One or More 2019 or Newer LP Powered Lift Truck - Octane Forklifts IncBID NAME
FOR BIDS DUE
BID/PROPOSAL
CITY OF SOUTH BEND
Spec N - One (1) or More 2019 or Newer LP Powered Lift Truck
May 28, 2019; 9:30 a.m.
Description Year/Make/Model Unit Price
' a
4� V OCTAVE Y30 $d-3
oc�rv.e
Alternate# Description Cost Total
1 Fully enclosed cab $ � '� � $1V (A -7
Bidder (Firm):
Address: 4 0 I= 1 � &.- S
City/State/Zip: D -e h V er d l
Telephone Number: CJ4 4 ` ��1 Q� 1-�,�3� Fax Number:
By
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Genevieve E. Miller, Member
Laura L. O'Sullivan, Member
. 1 b
. a_ k
e s , ` Printed Name)
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Attest: Linda M. Martin, Clerk
10
BID NAME
FOR BIDS DUE
SELLER'S D FOR SALE OR LEASE I , F MATERIALS
AND . U D N AND NON DE I AR ENTAFFIDAYUA.ND.
non-discrimination commitment for sellers
Spec N - One 1 or More 2019 or Newer LP Powered Lift Truck
May 28 2019. 9:30 a.m.
Bidder
Date: (Firm): l J 1 'Linc-
Address: S L- i ry- P_ D
CID
City/State/Zip: �V�,� ` �dU13R Telephone Number: - b
Agent of Bidder (if Applicable): Za " ..
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT
ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY
PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATIC OF C r LA)
SS:
beysvtr Cti :N"I Y )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to induce anyone to refrain 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.
2
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, terms, conditions, or privileges of employment,
or any matter directly or indirectly related to employment because of race, sex, religion,
color, national origin, ancestry, age, gender expression, gender identity, sexual orientation
or disability that does not affect that 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
3
Contractor's good faith efforts to obtain participation by those Contractors certified by
the State of Indiana as a Minority Business ("MBE") or as a Women's Business
Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive
bidder.
In no event shall persons or entities seeking the award of a City contract be required to
award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate
against said 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 (1) year from the date of such determination, and such determination
may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination
commitment shall be made a part of any contract which it may henceforth enter into with
the City of South Bend, Indiana or any of its agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for
employment in the performance of this contract with privileges of employment, or any
matter directly or indirectly related to employment, because of race, religion, color, sex,
gender expression, gender identity, sexual orientation, handicap, national origin or
ancestry. Breach of this provision may be regarded as material breach of contract.
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). I hereby certify that I and all subcontractors employed by me for
this project will use steel products or foundry products made in the United States on this
project if awarded. I understand I have an affirmative duty to notify the City in my bid
that my proposal does not include the use of steel products or foundry products made in
the United States. I understand it is my sole obligation and responsibility to provide a
justification to the City, subject to review and approval, why the cost of United States
made steel or foundry products is unreasonable. Prior to award and upon submission of
bid which does not use steel products or foundry products made in the United States, the
City, through its director of public works, shall make a determination if the price of
United States made steel or foundry is unreasonable. I understand that violations
hereunder may result in forfeiture of contractual payments.
0
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 day of
MICAH F. BUCK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184041919
MY COMMISSION EXPIRES 10/25/2020
Contractor/Bidder ('f
n
Signature of Contractor/Bidder or Its Agent
r re f I of "
Printed Name and Title
? n
Subscribed and sworn to befor, me this J fct day of , 20 lQ,
My Commission Expires G ze
Notary Public k/ County of Residence -C`
(To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to I.C.
INDIANA LOCAL BUSINESS PREFERENCE CLAIM
A "local Indiana business" refers to any of the following:
(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) A 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 de fined in rutp adopted by the political
subdivision. 1
(5) A business that has a substantial positive economic impact on the affected counties as die fi"rred by criteria in rules adopted by
the political subdivision. /,
An "affected county" refers to St. Joseph County, Indiana, or the following counties lilted 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 Ip iana business:
• 5% for a purchase expected by the purchasing agency to be less di,ati0,000
• 3% for a purchase expected by the purchasing agency to beat leas 50,000' but less than $100,000.
• 1%;fbr a purchose expected by the purchasing agency to be at le(td"to$100,000,
Date:
Pursuant to I.C. 5-22-15-20.9,
preference for Project
South Bend, St. Joseph County, Indiana.
claims a local Indiana business
(Project # --------- J located within the City of
I� . The location of the principal pla of business is
(Address)
St. Joseph County, tdiana
f The following unty located adjacent to St. Joseph County, Indiana:
The m/ofusiness's payroll for the 12 months prior to the date of this Bid is to residents of St.
Josepha or the adjacent county noted above.
The mausiness's employees for the 12 months prior to the date of this Bid are residents of
St. Josediana, or the adjacent county noted above.
If the busi 'ss is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide
snpporti documentation for the 12 month period prior to the date of the Bid of (i) the total payroll
a ou„ paid to all employees of the business, and (ii) the total payroll amount paid to employees who are
res' tints of St. Joseph County and the adjacent county noted above.
WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, )UPPER SHALLMDACIALL
SOCIAL ITY'NLL
Dated this day of(V� (,- %A� 20L Ck
cTAV E M 4r� T,.^C
Contractor/Bidder r l
Signature of Conlrdoor idder or I Agent
V G k` 5 I Og g
Printed Name and Title
Nov
BID BOND
(Percentage)
KNOW ALL PERSONS BY THESE PRESENTS, That we QcUlnf,� -----. .
............... of
4905 Lima St., Denver, CO ....8023.9... 1-........... ........... hereinafter
referred to as the Principal, and „�.n_� rn surety company! w„
Weste _ ..._ .. .......11
as Surety, are held and firmly bound unto City ...of. Bou�t h-Bezid � ..�....m� _.... ....... ....... ............ .. ... ,, ...r,....
of 227 W. Jefferson Blvd South Bend, IN 46601
__... .... _� �..mm_... --.......... 1...... ......
hereinafter referred to as the Obligee, in the sum of.........u( 10 %) percent of the greatest
amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for, ................
Qr... K_L P.PXe.KP'a. Li. t Tr Q-k ......, ,,, - - _ .....
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this ...------ 28th day of ...w..._.__ 0,42019
By
Form F5876
Octane Forklifts, Inc,
_,--------.
(Principal)
(Seal)
4905 Lima Street, Denver CO 80239
www.OctaneForklifts.com
Office: 1 (844) 628.2637
Fax: (303) 997 - 6826
21 st May 2019
ATTN: City Clerk
OFFICE OF THE BOARD OF PUBLIC WORKS STE. 1316
COUNTY -CITY BUILDING
227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601
SPEC N — One (1) or Moire ZU191
;*r Newer LP Powered Lift Truck
For the purposes of the aforementioned reference, OCTANE Forklifts, Inc. is proud
to propose the following equipment to satisfy all outlined specifications, criteria, and
standards as listed within the reference.
4905 Lima Street, Denver CO 80239
www.OctaneForklifts.com
Office: 628.2637
Fax: (303) 997 - 6826
P 0 SE
SALIENT NT CHARACTERISTICS
2019 OCTANE FY30 — This equipment is manufactured in the United States ofAmerica
6,614 LBS Capacity @ 24in Load Center
PSI GM 3.01, — Tier 4 — EPA/CARB Compliant LPG Powerplant
S480 Mast — 84.9/189.1 LOWERED/RAISED (3-Stage)
Solid Pneumatic Tires, Full Suspension Seat, 2x Rear Work lights, Strobe
Cabin w/bleat is listed in "Additional Options"
48" Load Backrest, 42" Forks
12month/2,000hour Warranty 136month/6,000hour Extended Warranty
All Specifications Met or Exceeded - FOB 120 Days
*17inal Assenibl p USA * '�"AA BAA F AFTA Cone hitnt
J.R. Antczak
President
OCTANE Forklifts, Inc.
4905 Lima Street
Denver, CO 80239, U.S.A.
DUNS (011723445) — CAGE (88NS0) — FEIN (26-1129432)
------ -----
No Items Unit S480 Mast
1 Length without fork IN 107.5
g
with fork 155.5
2
Width
tires (outside)
IN
46.5
chassis
48.2
mast lowered
88
overhead guard
88.2
3
Height
IN
mast extended (with backrest)
233.4
4
Distance from seat surface to overhead guard
IN
44.2
5
Fork Size (L"W*T)
IN
42 x 4 x 2
6
Fork Spacing (outside)
IN
3.94 — 50.9
7
Load backrest width/height
IN
40.9/48.9
8
Wheelbase
IN
67
9
Front
Overhang
IN
Rear
18.7
11
Tire
Front
IN
28 x 9-15-12PR
Rear
6.5-10-1OPR
Chassis
5.9
12
Min. Ground Clearance
Mast
IN
5.3
Counterweight
6.1
13
Lift height
IN
189.1
14
Free Lift
IN
44.5
15
Mast Tilt Front
Deg
6
6
Rear
16
Max Liftting Speed (empty)
IN/sec
22.4
17
Max Liftting Speed (full)
IN/sec
16.1
18
Max Lowering Speed (empty)
IN/sec
14.6
19
Max Lowering Speed (full)
IN/sec
22.8
20
Tilt forward speed
°/S
7.7
21
Min. turning radius
IN
96.1
22
Min. right angle stacking aisle width
IN
175.2
23
Min. insecting Aisle width
IN
98
24
Powerplant
PSI GM 3.01-
25
Max driving Speed (emp )
MPH
10.6
26
Max driving Speed (full)
MPH
9.9
27
Rated Capacity
LBS
6614
28
Load center
IN
24
29
Gradeability (full)
%
20
35
Service Weight
LBS
9480
36
Battery
V/Ah
12/80
37
Power type
LPG/Gas
38
Engine model
PSI GM 3.01-
39
Rated output/r.p.m.
HP/rpm
65/2600
40
Max. torque/r.p.m
Ft.Lbs/rpm
158/1000
Min. torque/r.p.m
Ft.Lbs/rpm
118/1350
41
No.of Cylinder
4
42
BorexStroke
mm
3.744.52
43
Displacement
C.I.
3300
44
Fuel Tank Capacity
G
15.9
4905 Lima Street, Denver CO 80239
www.OctaneForklifts.com
Office: 1 (844) 628 - 2637
Fax: (303) 997 - 6826
OCTANE YELLOW OCTANE RED OCTANE BLUE OCTANE WHITE
OCTANE GREEN OCTANE GRAY OCTANE BLACK OCTANE OLIVE
MANUFACTURER COLOR OPTIONS AVAILABLE ACROSS ALL PLATFORMS.
OCTANE ORANGE IS THE STANDARD COLOR.
OPTIONAL COLOR SELECTION MUST BE REQUESTED AT TIME OF PURCHASE.
FOR ADDITIONAL COLORS, PLEASE SPEAK WITH YOUR POINT OF CONTACT.
Trade Agreement Act
Buy American Act
North American Free Trade Agreement
FAR(s) 25 & 52
DFAR5 252
January 1, 2019
To: Valued Customer
Re: Buy American Compliance
OCTANE Forklifts products manufactured in the USA meet the guidelines established under the Trade Agreement
Act, Buy American Act, North American Free Trade Agreement, and FAR(s) 25 & 52 and all subsections
contained therein.
Where you see the American flag on our products, in our catalog, and on our website, you can rest assured that the
product shown is manufactured in the USA with components manufactured from US suppliers, and meets the Trade
Agreement Act, Buy American Act, North American Free Trade Agreement, and FAR(s) 25 and 52 and all subsections
contained therein. The criteria within refers that "domestic manufactured end product" requires manufacture in the
United States, but does not include a requirement with regard to the origin of the components used to make the end
product. As such, OCTANE Forklifts makes every reasonable effort to utilize American suppliers, American
components, and American technology and expertise whenever possible in the production of its product line.
Since its inception, OCTANE Forklifts recognizes the value of community and being a good neighbor. It is for this
reason we promote and support the American dream through employment, education, diversity, environmental
health and safety, and community involvement. When you choose OCTANE Forklifts, you are buying American and
are investing in America. At OCTANE, we are proud to be an American company who manufactures quality
American products by being a Veterans -preference employer utilizing a workforce consisting of both civilians
and disabled veterans.
Thank you for your support and thank you for choosing OCTANE Forklifts)
4905 Lima Street
Denver, Colorado 80239
United States of America
T: 844-628-2637
52.2254 -- Trade Agreements Certificate.
As prescribed in 25.1 l0l(c)(2), insert the following provision:
Trade Agreements Certificate (May 2014)
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this
provision is a U.S.-made or designated country end product. as defined in the clause of this
solicitation entitled "Trade Agreements."
(b) The offeror shall list as other end products those supplies that are not U.S.-made or
designated country end products.
Other End Products
Line Item No.Country of Origin;
[List as necessary]
(c) The Government will evaluate offers in accordance with the policies and procedures of Part
25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the
Government will evaluate offers of U.S.-made or designated country end products without regard
to the restrictions of the Buy American statute. The Government will consider for award only
offers of U.S.-made or designated country end products unless the Contracting Officer
determines that there are no offers for such products or that the offers for those products are
insufficient to fulfill the requirements of this solicitation.
r�.tr Procicrc+ 15 M0LWLL4'c c_+ur-ed
of A r o c` a .
aN d _I ncal Is
Ill ccrc 1 n 0uwp I + o-lice-
�1(-.
Octane Forklifts Warranty Policy
This written document sets forth completely the entirety of all provisions, applications, conditions, implementations,
results, and consequences of every aspect of the Express Warranty, Limitations of Warranty, Disclaimers of Warranty,
Invalidity of Warranty, Exclusions of Warranty, and Extensions of Warranty ("Warranties") that Octane Forklifts (as
"Seller") offers to those who/which purchase, from Octane Forklifts ("Buyer(s)"), any and all forklift machines; any and all
equipment and devices that separately or in the aggregate perform or accommodate forklift operations or functions; and
any and all parts and components of, for, or associated with forklift machines sold by Octane Forklifts ("Forklift(s)").
This written document wholly merges and fully integrates any and all other communications, expressions, implications,
or representations of any kind (verbal, written, conduct -established, etc.) that could in any way relate to Octane Forklifts'
Warranties. Any and all representations of any kind that are in any way inconsistent with Octane Forklift's written
Warranties, as set forth in this written document, are null, void, and unenforceable; and such inconsistent
representations shall not constitute, qualify, or in any way affect the written Warranties that Octane Forklifts provides to
Buyers who purchase Forklifts.
Master Disclosure of the Exclusive Expressions, Limitations and Disclaimers of the written Warrantles:
Octane Forklifts' written Warranties, as set forth in this written document, are Warranties that Octane Forklifts provides
in lieu of— and in complete and final replacement and substitution of- all other express or implied warranties, including
any and all aspects of any implied warranties of merchantability, fitness for a particular purpose, title or infringement,
or any other obligation on the part of Octane Forklifts. This Master Disclosure of the written Warranties shall control
comprehensively any and all aspects of the written Warranties and, accordingly, shall limit, qualify, and otherwise affect
the subject, substance, content, context, interpretation/construction, application, implementation, results, and
consequences of any and all aspects of the written Warranties.
Descriptions, other than those in this written document, do NOT create or constitute a warranty by description or
otherwise have any legal effect.
Examples or demonstrator -models of Forklifts, that were or are exhibited to Buyers, are for general informational
purposes only and do NOT create or constitute a warranty by sample/model, or otherwise have any legal effect.
The Buyer's sole and exclusive remedy and Octane's sole and exclusive liability, with respect to ANY breach of the written
Warranties, as set forth in this written document, shall be, at Octane's sole and exclusive option, the repair,
refurbishment, or replacement of the defective or nonconforming Forklift (or part or component), as set forth below in
writing.
1». Exclusive and Expre Warrant Covera a and Covera a Limitations:
1.1 Limited Emissions Components for Powerplants - 3 years or 2500 hours. Related components include any engine
parts related to the following systems: Air -Induction system. Fuel System. Ignition System. Exhaust Gas Recirculation
Systems. Catalyst. Crankcase Ventilation Valves. Sensors. Electronic Control Units. Malfunction Indicator Light. Fuel Tank.
Fuel Cap. Fuel Line. Fuel Line Fittings and Clamps. Pressure Relief Valves. Control Valves. Control Solenoids and Electronic
Controls. Vacuum Control Diaphragms. Control Cables. Control Linkages. Purge Valves. Vapor Hoses. Liquid/Vapor
Separator. Carbon Canister. Canister Mounting Brackets. Carburetor Purge Port Connector. * Emission related
components also include any other part whose only
purpose is to reduce emissions or whose failure will increase emissions without significantly degrading engine/equipment
performance.
1.2 High -Cost Emissions Components for Motor: A component covered by the emissions -related warranty (as set forth
above in writing) with a replacement cost, at a time of certification, that exceeds $400. Components that are not
directly involved with fuel control or the emission control system — as well as the accessories manufactured or
supplied/attached by (and sold to Octane Forklifts for installation) - will be free from defects in material and
workmanship for a period of 1 year or 2000 hours, whichever occurs first. Replacement parts may be new, re -
manufactured, reconditioned, or repaired depending on the specific component and particular circumstances
involved.
All components used to meet standards are warranted for the unexpired portion of the warranty period. The
warranty period begins on the date the Forklift is delivered to the Buyer. However, if the Forklift is first placed in service
as a demonstrator, prior to sale, the warranty period begins on the date that the Forklift was first placed into service,
presale, as a demonstrator. The warranty covers ONLY malfunctions resulting from defects in material or workmanship.
1.3 Diesel Base Engine Warranty - 2 years or 2000 hours. Applicable to: Base Engine. *Not applicable to the A Series
Engine.
1.4 Diesel Extended Major Component Warranty - 3 years or 4,000 hours. Applicable to: *Registered Parts Only
Cylinder Block, Camshaft, Crankshaft, Connecting Rod. Coverage begins on the expiration of the Base Engine
Warranty and ends at the time or hour limitation listed above, whichever comes first, after the warranty start date.
1.5 Octane Chassis /Non Emissions Related Warranty - This includes parts that are not related to emissions control.
1.6 Octane Limited Warranty - Applicable to the following: Forks, Wheel Hub, Wheel Rim, Mast, Overhead Guard,
Muffler, Counter Weight, Steering Wheel, Gear Box, Driving Axle, Mast Bearing, Wheel Brake, Steering Axle, Redirector,
Gear Pump, Flow Regulator, Chain, Sprocket, Lifting Cylinder, Tilting Cylinder, Control Valve, High-pressure Hose,
and Radiator.
1.7 Items that are guaranteed for six months or 1000 hours: Starting Battery, Starter Motor, Alternator, Electric
Distributor, Clutch Cover and Release Bearing, Regulator, Dashboard, Sensors.
2. Warranty Disclaimers, ExcluslonsAr and Invalidity:
2.1 The Warranties set forth in this written document do NOT cover: Malfunctions resulting from alterations that are not
approved by Octane Forklifts; excessive use, misuse, or abuse; intentionally tortious or negligent operation,
implementation, or application; or accident. Examples of Conditions that cause the Warranties to be invalid: Damage due
to incorrect storage, negligent care, insufficient maintenance, or improper usage. Equipment modifications or
replacement of items by individuals who are not authorized by Octane Forklifts. Damage from wrongful operation or
overloading. Damage due to man-made hazard.
Please Note: No liability for Incidental or Consequential Damages: Octane Forklifts is NOT liable for incidental or
consequential damages resulting from breach of the written Warranties, as set forth in this written document, such as (by
way of example and not limitation) loss of time or inconvenience; or the cost of labor for removal from or reinstallation
of the Forklift component(s) or part(s).
Please Note Important Condition: At Octane Forklifts sole and exclusive discretion, Octane Forklifts has the right to
require the Buyer to return to Octane Forklifts, for inspection and evaluation, any allegedly defective or malfunctioning
components or parts, as an express condition on which warranty coverage will be strictly contingent.
2.2 Items that are NOT covered by warranty: Additional Labor Expenses; Additional Working Time; Fast -wear Parts, e.g.:
wheels, rollers, bearings, etc.; Consumable items like oils, seals, etc.; Freight cost for replacement parts in Buyers'
locations; Lights, fuses, wiring, etc.; Machine transportation costs completed to Buyers' locations; Loss of time, loss of
revenue, loss of production, loss of machine use, loss of bid or contract, and ANY and ALL other Incidental or
Consequential damages.
2.3 Octane Forklifts does NOT provide or include a replacement machine as part of any aspect of the coverage provided
by the written Warranties.
3 Components and Parts Warranty -Return Procedure: Do not return any parts unless requested. Return parts must be
cleaned and fully assembled. Parts must be shipped on a prepaid basis.
Octane Forklifts will NOT accept a claim -application for warranty coverage, if Octane Forklifts requests the return of the
subject components or parts, but Octane Forklifts does NOT receive the components/parts within 30 days of the date on
which Octane Forklifts emailed the return -request.
4 Claim -Application Requirements: All claim -applications for warranty coverage must be completed by the Buyer and
received by Octane Forklifts, via email at: warranty@octaneforklifts.com
Email Text Requirements: In the emailed claim -application, the claimant must reference and identify, clearly and
completely, the component(s) or part(s) for which the claimant is requesting coverage under the written Warranties.
Email Photo Requirements: The claimant must attach to the emailed claim -application one or more photos that disclose,
clearly and legibly, the nameplate of the allegedly defective Forklift. The attached photos must depict, clearly and
obviously, the alleged defect or malfunction for which the claimant is requesting coverage under the written Warranties
- and must do so in the context of the Forklift's visibly -revealed condition and operational -environment. The photos must
demonstrate, clearly and precisely, the orientation, position, and location of the component(s) or part(s) for which the
claimant is requesting warranty coverage. The photos must reveal, clearly and legibly, the Serial Number, along with the
Hour Meter with Hour Reading, for the component(s) or part(s) for which the claimant is requesting coverage under the
written Warranties. A claimant also must attach to the emailed claim -application an accurate and exact copy of All Service,
Maintenance, and Repair Records for the Forklift (the machine, as a whole) and for all components and parts that were
in any way serviced, maintained, and/or repaired, separate and apart from the Forklift machine.
5 Warranty Claim Submission: A fully completed, photo -supported claim -application must be received, as an email that
is ISP/server-designated as "received" by Octane Forklifts, at the above -provided email address and account, within 30
days of the date on which an applicable repair was completed. Octane Forklifts will deem incomplete, non -timely, and
ineligible for coverage under the written Warranties, any and all claim -applications that Octane Forklifts receives on a date
that is more than 30 days after the date on which the subject repair was completed.
There are no exceptions. Claim -applications that Octane Forklifts returns, "for correction and resubmission", must be
corrected and received by Octane Forklifts, as above -described, within 30 days after Octane Forklift emails to the claimant
a returned, correction/resubmission email -reply. Octane Forklift will NOT accept claim -applications that Octane forklifts
does NOT receive within 30 days after Octane Forklifts emails a returned, correction/resubmission email -reply.
Octane Forklifts will provide to a claimant ONLY two opportunities to submit to Octane Forklifts a claim -application: (1)
an original claim -application and (2) a correction/resubmission claim -application, which Octane Forklifts must receive
strictly in compliance with the above -described procedure, requirements, and timeframe. After Octane Forklifts provides
the above -described, second opportunity - the correction/resubmission opportunity, Octane Forklifts will NOT accept any
claim -application that is not resubmitted in strict compliance with the above -described procedure, requirements, and
timeframe.
6 Warranty for Approved Attachments: Any warranty for attachments of which Octane Forklifts approves, exclusively
consists of ONLY those warranties, if any, that the manufacturers (of the approved attachments) specifically and expressly
provides. Claimants must submit to those manufacturers any claims for warranty coverage on the approved attachments.
7 Buyers' Inspection/Reporting Obligations: Buyers are obligated to engage in all commercially reasonable due diligence
in discerning and evaluating the condition, integrity, and fitness of the Forklifts; Buyers are required to do so, immediately,
by performing a comprehensive and thorough Reception -Inspection, upon the arrival of a Forklift at a Buyer's delivery -
reception location. Buyers must present to, and resolve with, the delivering trucking/cartage company, exclusively, all
alleged damage to the Forklift. Buyers must disclose clearly in an Inspection -Report any components or parts that the
Inspection reveals to be missing or incomplete. Octane Forklifts must receive the completed Inspection -Reports within
three days of the date on which the Buyer receives delivery of the Forklift. Octane Forklifts will NOT accept for review and
consideration any Inspection -Reports that are received by Octane Forklifts later than three days after the Buyer's Delivery -
Reception date.
Please Note Important Warranty Coverage Requirement: Octane Forklifts' timely and proper receipt of the Inspection -
Report, in strict compliance with the specific and expressly disclosed (above) requirements, procedure, and timeframe, is
an express condition on which Octane Forklifts' obligation to provide any coverage, under the written Warranties, is
strictly contingent.
The references, descriptions, definitions, and characterizations set forth in this written document - with respect to any
and all machines, components, parts, coverage, requirements, conditions, availability, limitations, and other subjects and
qualifiers - constitute information that is reasonably correct, realistically accurate, and practically applicable, but only to
the extent, under the limitations, and within the qualifications and context of what is specifically and expressly disclosed
in this written document.
The Buyers are obligated to act responsibly, in good faith, and in a commercially reasonable and diligent manner in
purchasing, inspecting, possessing, maintaining, repairing, and implementing the Forklifts, in all respects, within and
outside of the coverage provided by the written Warranties. Accordingly, the Buyers are obligated to act prudently,
carefully, competently, and activelyto prevent the submission of groundless and improper warranty claims that, too often,
result in needless disputes and unnecessary litigation. In that respect, the Buyers have an affirmative duty to comply with
the provisions and requirements of the written Warranties, all contract provisions between Octane Forklifts and the
Buyers, AND all acknowledged industry standards, established best -practices, and all duties at law.
Specialty IProtection PlII aster IPafts Schedule
Am I rush � 'R y III; � �ii r� __ ..... rm trlii W r i
New & Used Equipment Plans
Powertrain Plan Option Covered Components
ENGINE
Includes all internally lubricated parts within the below systems
❑ Accessory Gears
❑ Camshaft
❑ Camshaft Bearings
❑ Camshaft Drive Gear
❑ Connecting Rods & Bearings
❑ Crankshaft Bearings & Gear
❑ Crankshaft including Front and
❑ Cylinder Heads/Head Gasket
Rear Crankshaft Seals
❑ Cylinder Liners
❑ Engine Block
❑ Engine Oil Cooler
❑ Engine Speed Controls,
Linkages and Cables
❑ Flywheel, Ring Gear
❑ Front & Rear Engine Covers and
❑ Front Damper
❑ Oil Pan & Gaskets
Seals
❑ Oil Pump
❑ Pistons & Rings
ElPressure/Temperature Sensors
El Rocker Arm Assembly
& Sending Units
❑ Thermostats
❑ Timing Gears
❑ Valve Cover and Gasket
❑ Water Pump
❑ Charge Air Cooler*
❑ EGR System Manifold*
❑ Electronic Engine Control
❑ Injection Pump*
Module*
❑ Injectors*
❑ Intake and Exhaust Manifold and
❑ Propane Regulator*
❑ Turbocharger and Gasket*
Gaskets
❑ Carburetor*
'Components Covered after Emission Warranty
ELECTRIC LIFT COMPONENTS
❑ Battery Chargers
❑ Drive Motors
❑ Drive/Steer Controllers
❑ Electric Motors (excluding
brushes)
❑ Power Modules
TRANSMISSION/AXLES/HYDROSTATICS
All internally lubricated parts including
❑ Axle Housing
❑ Axle Shaft
❑ Clutch Disks (Wet Only)
❑ Clutch Plates (Wet Only)
❑ Differential Housing
❑ Differential Pinion Gear/Ring
❑ Drive Axle Hub
❑ Drive Shaft with Universal Joints
Gear
❑ Drive Shaft Support Bearing
❑ Final Drive Pinion
❑ Final Drive Planetary Gears
❑ Hydraulic Drive/Travel Motor
❑ Hydraulic Drive Pump
❑ Hydraulic Transmission -Control
❑ Hydrostatic/Hydraulic Pump
❑ Hydrostatic Motor
Valve
Drives
❑ Hydrostatic Transmission Charge
❑ Hydrostatic Transmission Pump
❑ Internal Lubricated Clutch
❑ Internal Transmission Control
Pump
Housing
Linkage
❑ Internal Wet Service Brakes
❑ Planetary Gear Carrier
❑ Torque Converter
❑ Torque Converter Pump
❑ Torque Hubs
❑ Transmission Case
❑ Transmission Gears, Bearings &
❑ Transmission Pump
Shafts
This page does not provide all the details regarding your New $ Used Equipment Plan - Powertrain Plan Option Covered Components - Master Parts Schedule — Industrial Forklifts. Please see page
2 for remaining details.
Page 11
FAAAMM
AmTrust North America
An AmTrust Financial Company
TRANSMISSION/AXLES/HYDROSTATICS (CONTINUED)
❑ Travel Control Valve ❑ Wheel Bearings
This Plan excludes protection for any component that is not
listed on the "Master Parts Schedule", including any resulting or
consequential damage to a 'covered component' that is caused
by or results from the failure of a component not listed on the
Master Parts Schedule, for the Plan Option selected. In the
event of an eligible failure, the deductible selected for any New
or Used Equipment Specialty Protection Plan will be applied to
each eligible failure. Please see the Terms and Conditions
document, as issued, for complete Plan details. Note: Dealer
installed options are not eligible for reimbursement.
POWERTRAIN EXCLUSIONS
Engine/Transmission Mounts, Filters, Belts, Pulleys,
Loose/Broken Bolts, Lubricants, Antifreeze, Adjustments, Burnt
and/or Pitted Valves, Radiator, Wiring Harnesses, Breathers,
Dry Clutches, Batteries, Electrical Components Not Listed
Above, Steel Pipes and Gauges, Lines/Hoses Including Fittings.
REQUESTS FOR REIMBURSEMENT THAT INCLUDE
STAND-ALONE LEAK FAILURES, MUST INCLUDE PRE.
REPAIR PHOTOS
Customer Signature
Date
Dealer Signature
Date
Page 12
Internal oil seals/gaskets leaking which cause either the need for
regular topping up of lubricant between regular service intervals,
or a sudden escape of lubricant, may be covered. Internal oil
seals/gaskets are oil seals/gaskets which are internal to the
machine and do not have a face to the outside air.
External oil seals/gaskets that has oil escaping from an eligible
reservoir, sump, housing or gearbox, where the correct level
cannot be maintained to ensure proper operation, has developed
a drip/run that reaches the ground, will damage surrounding
components, or puddle in/on the machine, may be covered so
long as the leak is an internal seal/gasket failure and cannot be
attributed to wear or contamination. External oil seals/gaskets
have an external face and are susceptible to wear and
contamination damage. External oil seals/gaskets leaking but not
requiring regular topping up of lubricant between regular service
intervals, and which are found at service inspection, and have not
been previously reported as a fault by the client, are not covered.
This literature is descriptive only. The precise protection afforded is
subject to the terms, conditions and exclusions of the contract as
issued.
FAA
AmTrust North America
An AmTrust Financial Company
NOTICE TO BIDDERS
Notice is hereby given that the City of South Bend, Indiana, will receive sealed bids at the Office of the
Board of Public Works, Ste. 1316, County -City Building, 227 West Jefferson Blvd., South Bend,
Indiana, until the hour of 9:30 a.m. Local Time, on May 28, 2019, for the following:
Spec N — One (1) or More 2019 or Newer LP Powered Lift Truck
Specifications are available for download by visiting the City of South Bend's web page at
Click on "I'm Looking For"
Click on "Doing Business in South Bend"
Click on "City Contracts — Invitations to Bid"
Click on the "Required Link" to register your company. You must register to receive
addenda and updates to the specific bid you are interested in. Failure to do so
could render your bid non -responsive to the specifications.
There is no charge for the specifications. The specifications are also available for review only during
regular working hours in the Department of Public Works, Ste. 1316, County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601.
Bids received after 9:30 a.m., Local Time, on May 28, 2019, will be returned unopened.
Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment
Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. Certified Check or
Bid Bond in the amount of not less than 10% must be submitted with the bid. A refund of the bid security
will be issued upon satisfaction of Bid Award.
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 interests of the City of South Bend. If the Board elects to award
the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the
lowest, most responsible bid.
The Board may reject any bid that does not conform to these requirements as non -responsive
Publish two times:
April 26, 2019
May 3, 2019
1
BOARD OF PUBLIC WORKS
Linda M. Martin, Clerk
SPECIFICATIONS
CITY OF SOUTH BEND
BID NAME Spec N - One (1) or More 2019 or Newer LP Powered Lift Truck
FOR BIDS DUE May 28, 2019; 9:30 a.m.
Pursuant to notices given, the undersigned offers bid(s) to the South Bend in accordance
with the following attachment(s) which specify the class or item number or description, quantity,
unit, unit price.
It is the intent of these specifications to describe a vehicle or piece of equipment for the City of
South Bend. The unit shall be bid as a fully equipped complete unit as set out in the attached
specifications. No ai qL 5plit bid will be_accepted. Unit to be bid with and without trade-in
if applicable. Vendor to complete bid proposal contained in this bid specification and attach to
the submitted bid.
These are minimum specifications. Any variation from the specifications must be spelled out on
a separate deviation list in order for the bid to be valid. Any items not listed on the deviation
sheet will be assumed to be part of the unit.
Proprietary products or specific manufacturers may be referenced herein. Such references are
only made to demonstrate minimum scope, quality, and style of the equipment desired.
Equipment that is bid pursuant to these specifications shall be of equal quality and size, or
greater, to those referenced, and are subject to approval by the South Bend Board of Public
Works.
Vendor shall provide all information requested in specifications to qualify for bid. If information
on brochure submitted does not completely cover specifications requested, it shall be typed and
attached to brochure.
If an alternate is included within these specifications, please be advised that, alternate items
placed in the specifications are to determine the best configuration of the item within a budgeted
amount and may be included in the award criteria. If the Board elects to award one or more (s),
the base bid price and the alternate bid price(s) will be totaled and compared for all bidders
offering the final configuration. Award will be made based on the lowest responsible/responsive
bid prices submitted for the base bid with selected (s), if applicable. Failure to submit a bid on
an alternate may result in the entire bid being non -responsive, depending on the final
configuration of the product.
bl
Payment will be processed once the unit is inspected and accepted as to meeting the
specifications by the Division of Central Services. This will include all manuals and warranty
documentation.
Bidder must state as accurately as possible an intended delivery date from the date of the
bid award. Due to the age of the City's existing fleet, it is imperative that the unit's be
delivered as quickly as possible. Stated delivery lead time may be included as an integral
part of our bid selection process. FOB Central Services. The unit and all related paperwork is
to be delivered to:
Central Services Division
1045 West Sample Street
South Bend, Indiana 46619
All Certificates of Origin/Title Work shall list the owner as:
The City of South Bend
1045 West Sample Street
South Bend, Indiana 46619
The Board will award the bid to the lowest responsible and responsive bidder. If the bid is not
awarded to the 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.
Lifting Capacity: 6,500 pounds @ 24" load center minimum
Mast: Three Stage with 187" maximum fork height, 90" overall lowered height,
and 41" free lift with standard backrest mast shall be capable of tilting
6 degrees in both directions with integral side shift
Forks: Class III 42"x 5" 1.5 minimum
Engine: 4 cylinder 2.2 liter LP Fueled 57 horsepower minimum
Transmission: Fully automatic one speed in each direction top speed of 11 miles per hour
minimum
Steering: Hydrostatic Power steering
Tires/Wheels: Front Tires Solid pneumatic 28X9-15-12PR
Rear Tires Solid pneumatic 6.5-10-1OPR
Seat: Vinyl seat fully adjustable.
8
Additional
Equipment: Amber Strobe Light, Adjustable Volume Back-up Alarm, Headlights, Park
Lights, Brake Lights, and Work Lights. Lexan cover for top of ROPS.
Service Manuals: In addition to the operators manual the unit must come with a complete set
of service manuals
Alternates: Fully enclosed cab.
Warranty: 12 month 2,000 hours basic 24 month 4,000 hours powertrain
Quantity: One (1) or more
E
CITY OF SOUTH BEND
INSTRUCTIONS TO BIDDERS
1. BID FOHM5 AID EEX QN
A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions.
Failure to do so will be at the Bidder's risk.
B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and
Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal
and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a
notary signature and provide all other information required.
C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership or
joint venture, the name and post office address of each member of the partnership or joint
venture must be shown. If made by a corporation, the Proposal must be signed by an officer
of the corporation or by a representative duly authorized by the corporation to execute the
Proposal in its behalf.
SEALED BIDS 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:
3. QEDEI. C=: DENC:
A. Bid Form attached Proposal
B. Amendments to Specifications
C. Specifications
D. Special Provision
E. Instructions to Bidders
F. Notice to Bidders
4. DELIVERY OF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 131h Floor, County -City
Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-
9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally,
the sealed envelope containing the Bid must be mailed to the following address:
City of South Bend
Clerk of the Board of Public Works
1316 County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
11
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 pl" , with the qnvelope cry baled 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.
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. FE—TJ1 _l P . fIIIhdC ALTERATni ERA CO PI_ETI B
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 DI,9CQUNJS
A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit
price, unless otherwise specified.
8. °Y-I-LLUE
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. TALC 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
12
State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any
certificate of exemption required.
10. W THDRAWAL 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. E5.. I
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. MQW BB DE UERED PRICF_5
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. _0 EIECHNICALMEa
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. SPLITTING3L E' BIL"4
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. BIDDE'R QUAI.IFICATION.
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. R HIA
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
17. NFW MAIDUI„ACTURE.
A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the
latest model of manufacture.
18. 5—OURCCE OF 3DRPL'Y
A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub-
contractors must be identified.
19. PAC AGING
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,
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
13
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. 1 ASSIONM EN NTS
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. CANCELLADDS
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. L .I, 1-QTl_ON OI= DAMVIACES
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. MA E NT
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. E SS H1E—Q.._
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. E 5 MINI AT-ED—QIANTITIES,
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. ISM "°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.
14
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.
15