HomeMy WebLinkAboutOpening of Bids - Spec R - 29 More or Less Brand New Leaf Boxes - Hoosier Equipment LLCM
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BID/PROPOSAL
CITY OF SOUTH BEND
BID NAME Spec R - Twenty -Nine (29) Brand New Leaf Boxes
FOR BIDS DUE July 23, 2019; 9:30 a.m.
Alternate#
..................... ........................_..................
Qty.Description
------------
Cost
Total
1
13 More
Thirteen (13) more or less 13" long
$ q�$
........._..........,
0 r „Less
72" hi h and 78" wide
$�% 0(03 • --
2
6 More
Six (6) more or less 9' long 72" high
$ (Q153,,7. DO
$
or Less
and 78" wide
o0
3q 19 a• —
Estimated number of days for delivery from award
date. 30 Working days
Bidder (Firm):
Address:._........._.
City/State/Zip: � � ....... V65 43
er:
Telephone Number: rn
p Fax Nu.,,
Y_.......,"..n .
(Signature)
r o S+
(Printed Name)
Ae-4;,Ia T
Si
(Title)
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Genevieve E. Miller, Member
Laura L. O'Sullivan, Member
E
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Attest: Linda M. Martin, Clerk
CITY OF SOUTH BEND INDIANA
SELLER'S BID FOR SALE OR LEASE OF MATERIALS
AND NON -COLLUSION AND NON DEBARMENT AFFID"IT AND
NON-DISCRIMINATION COMMITMENT FOR :SELLERS
BID NAME sec R - Twenty -Nine 29 Brand New Leaf Boxes
FOR BIDS DUE July 23. 2019 9:30 a.m.
Date:
Address:
Bidder
(Firm):
S5
Ll�
City/State/Zip: t 563 Telephone Number:
Agent of Bidder (if Applicable); • S• �rD St
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT,
CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT
ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND
CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY
PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF Tnd i a n a-- )
) SS:
Q S a COUNTY )
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
Contractor's good faith efforts to obtain participation by those Contractors certified by
3
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.
L,
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 C:;L�.)— day ofL�G 11� 20 f
e,r �M LOOP LLB
ontractor/'Bid or (F m)
Signature of&ntractor/ Bidder or Its Agent
-7. Fr,5+ &;n11m
Printed Name and Title
Subscribed and sworn to before me this _ (lay of � , 20�
My Commission Expires � "�' '�� ��' �, , � �' �° 4-. "1�_�_._...
Notary Public
County of Residence mf1"
N
i 1C '
M Notify 04 M41Mr'
11 ldgrndl of AftrIM11 CO., M
n Mv OMMINUO
Q OcNber2, 2023---------------------
5
(To be completed only by Contractors/Bidders claiming to be a "local Indiana business" pursuant to I.C. 36-1-12-22)
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 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 % for a purchase expected by the purchasing agency to be at least $100, 000.
Date: 11 � a— / 9
Pursuant to I.C. 5-222- 5-20.9, � _� G t r � " claims a local Indiana business
preference for Project _M (Project located within the City of
South Bend, St. Joseph County, ndiana, I I—i44oXes
[� The location of the principal place of business is J
F St. Joseph County, Indiana M/ The following county located adjacent to St. Joseph County, Indiana: Aa- 65Aa-
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, BIDDERSHALL REDACT ALL
SOCL4L SECURITYNUHBERS.
Dated this 11711day of tA, 10 20�
dSi.rtV �lL�
.. .
Conti°a _ bidder (Firm)
m_
Signature o W'ontractorllB�iddei- or Its Agent
3 E�q-rt -re i
Prin
ted Name and Title
0
ERIE INSURANCE COMPANY
I:1I01101OL 17
Know All Men by These Presents,
Bond No...... FF2866
That we,.HoosiEquipment' er LLC................. . .........................
(hereinafter called the Principal) as Principal and the ERIE INSURANCE COMPANY, of Erie, Pennsylvania, a
corporation duly organized under the laws of the State of Pennsylvania, (hereinafter called the Surety),
as Surety, are held and firmly bound unto. City.of South.Bend, Office. of the Board of Public Works ... . ..... .
......................hereinafter called the Obligee in the full and just sum of .........................
10% of the amount bid---------------------------,--------------------------;------------: --.Dollars, ($ 209,250:00 .....),
good and lawful money of the United States of America, to the payments of which sum of money well
and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed, sealed and dated this .......1.6th .......day of ......... July . _ ...... A.D. 20,19
.
W,a�
THE CONDITION OF THIS OBLIGATION IS SUCH: That, if the Obligee shall make any award within 60
days to the Principal for Spec.R.-Twenty-Nine.(29) Brand New Leaf Boxes ......................... .
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall
duly make and enter into a contract with the Obligee in accordance with the terms of said proposal
or bid and award and shall give bond for the faithful performance thereof with the Surety or Sureties
approved by the Obligee; or if the Principal shall, in case of failure so to do, pay the Obligee the damages
which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then
this obligation shall be null and void; otherwise it shall be and remain in full force and effect.
In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed.
Witness:, . •....-''
r
r
Witness:. t ay n
Principal. Hoosier Equipment LLC
y:
Title Darin J Frost
ERIE INSURANCE COMPANY
Katherine D Pawlak
Attorney -in -Fact
ry
Erie LIMITED POWER OF ATTORNEY
Insurance®
KNOW ALL MEN BY THESE PRESENTS: That ERIE INSURANCE COMPANY, a corporation of the
Commonwealth of Pennsylvania, having its principal office in the City of'Erie, Pennsylvania, does hereby rnalce,
constitute and appoint Marc (.1priani, Senior Vice President; Lco Heintz, Vice President; Edward A. �4azzeo;
p I . I
Katherine D. Pawlak,- and Darlene Kujawa, Its true and lawful Attorney(s)-in- Fact, in their separate capacity
if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, any and all
bonds which are or may be allowed, required or permitted by law, statute, rule regulation, contract or otherwise,
provided, however, that the penal surn of any one such instrument executed hereunder shall not exceed FIVE
MILLION DOLLARS ($5,.000,000) and that the execution of such instrument shall be bindirlo Llj)011 ERIE
INSURANCE COMPANY.
This flower of Attorney is signed and sealed by facsimiles under and by the authority of the following Resolu-
tion adopted by the Board of Directors of ERIE INSURANCE COMPANY at a meeting duty called and field
0
on the 2nd clay of September, 2016, and said resolution has not been amended or repealed:
RESOLVED, th rt the signature ol-Finuithy G, NeCastro., as Chiel, Executive Officer of the Company. and the Seal of' the Company may be
affixed by the lb I I owing facsimiles on any Limited PmNero ]Attorney for the execution of'bonds, undertakings, recognizances_ contracts and
other writings in the nature tIlCrC(.)f" and the ie signature of rian W. Bo I ash, as Sect-cfaivofil I e Company, the Seal ofthe Company, the Signature
,
ofSheila M.7 ' 11iisch, as Notary public. and her notarial seat, inav also be affixed by the following facsimiles to any certificate (.)I- ackno,,vled—
FlICnt ofany SUCII Limited Power ol'Attorney, ruin only under such circumstances shall said facsimiles be valid andbindim, on the Company.
IN WITNF'SS WHEREOF', ERIE INSURANCE COMPAN Y has caused these presents to be signed by its Chief
Executive Officer, and its corporate seal to be hereto affixed this 2nd day of" September, 2016.
0
1972 y bA�-
Af
Chiel Fxecutryc Offic,,r
..........
STIVIT' OF HNNSYLVANIA
COUNTY OF ERIL ss.
On this l8th day of October, 2016. before me personally came Timothy G. NeCastro, C'IlicI'Executive Officer, to nic known, who bcinIg by nic duly
sworn. did depose and say: that he is Chief Executive Officer oft."RIE, INSUIZANCE COMPANY, the corporation described in , -ind vdiich executed
the instrument: that he know-s' the Seal ot'said corporation: IhM the Seat Mhxed to the Said instrument is such corporate Scal; that it was so
alfkcIl by order of the Board ot'Directors of said corporation and llw lie signcd his name thereto by like ordcr.
NA
c,
OF
L -o i"'l C n, -iI� —�; Jo'('f'c
2"L 202,0 Notary llubhc
C E RTI r'l CKFE
1, Brian W. flolash, Secretary of EIZIE INSI-TANCE COMPANY, do hereby certify that [lie original LIMITED POWER 0F)krTOP,NEV, of
which the foregoing is a fall, true and correct copy and is in full. force and effect.
III vvitness whereof" I have licremno subscribed my name and affixed the corporate Seal of'the Company by facsimiles pursuant to the action of the
Board of'Directors of the Company, this 16th clay of July 2019
11111-lwn� W, Boht;111, Secl ew lry
LJF831 12/17
SPECIFICATIONS
CITY OF SOUTH BEND
BID NAME Spec R - Twenty -Nine (29) Brand New Leaf Boxes
FOR BIDS DUE July 23, 2019; 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 R - Twenty -Nine 29 Brand New Leaf Boxes
It is the intent of these specifications to describe brand new leaf boxes for the city of South Bend.
All units bid must have been manufactured in the U.S.A.
The City of South Bend reserves the right to reject any and all bids or to accept a full or partial
award for the bid or bids which, in its judgment, will be in the best interest of the City of South
Bend.
Any exceptions to the following specifications must be noted by the dealer at the tie of bidding
in order for the bid to be valid. The following specifications are for the city of South Bend's
Municipal Fleet. Vendor to complete bid proposal, alternates, and nondiscrimination
commitment contained in this bid specifications and attach to submitted bid.
Minim,un S ecificat:ions:
3/16" x l %2" x 1 1/2" angle iron frame.
12-gauge steel panels.
Top hinged door with 4 vertical and 4 horizontal braces with 12-gauge steel panels. The door
shall be hinged from the top and have a hose support and flexible rubber gasket with a 16"
diameter hole to accommodate the exhaust hose. Hinges shall be 3/8" thick with 3/8" pins. Latch
handle shall be easy to access and easy to use. The exact placement of the 16" rubber hole will
be verified with the Director of Equipment Services Prior to boxes being built.
Interior walls will be smooth
Roof shall have at least two thirds vented by means of 1/2" expanded metal and shall be supported
by 3/16" x 1 1/2" angle iron.
Floor Shall be constructed in a manner that will allow the unit to be installed and removed with a
forklift. The floor shall be covered with a minimum of 12 gauge steel panels.
Boxes will be prepped according to paint manufacturers standards and have a rust inhibitor
primer applied along with at least two coats of Omaha Orange polyurethane paint.
Quantity: Twenty-nine (29) more or less
7
Alternate 1 Thirteen (13) more or less 13" long 72" high and 78" wide
Alternate 2 Six (6) more or less 9' long 72" high and 78" wide
Color: Omaha Orange
Price Guarantee: The successful bidder shall guarantee the bid price for a minimum of 12
months from the bid award date to the City of South Bend. The City
reserves the right to purchase up to twelve (12) additional leaf boxes at this
price.
Delivery: 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
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.
(574) 952-5808 IPLIIMOUTK IN
We have designed our leaf boxes to meet your specifications 100% with immediate
delivery.
HOOSIER EQUIPMENT LLC
11465 Redwood Rd., Plymouth, IN 46563
Office: (574) 952-5808 / Fax: (574) 935-0550 / Sales: (574) 780-9385 or (574) 780-3258
Email: hoosierequipmentllc@yahoo.com
0U, i^a�
CITY OF SOUTH BEND Z
INSTRUCTIONS TO BIDDERS
BID FORMS AND EXECUTION
A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions.
Failure to do so will be at the Bidder's risk.
B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and
Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal
and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a
notary signature and provide all other information required.
C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an
individual, his/her name and post office address must be shown. If made by a partnership or
joint venture, the name and post office address of each member of the partnership or joint
venture must be shown. If made by a corporation, the Proposal must be signed by an officer
of the corporation or by a representative duly authorized by the corporation to execute the
Proposal in its behalf.
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
4. DELIVERY OF BIDS
A. Bids must be delivered to the Office of the Board of Public Works, 13th Floor, County -City
Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235-
9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally,
the sealed envelope containing the Bid must be mailed to the following address:
City of South Bend
Clerk of the Board of Public Works
1316 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
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.
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 BIOS
AND ETC.
A. Proposals shall be rejected if they show any alteration of form, additions not called for,
conditional or alternate bids (except when and insofar as are invited), incomplete bids,
erasures or irregularities of any kinds.
B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for
each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and
where the unit price and the extension thereof do not agree, the unit price for each item shall
govern, and the City is authorized to correct all erroneous extension and totals for the purpose
of comparing bids.
7. TRADE DISCOUNTS
A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit
price, unless otherwise specified.
8. VEHICLE BIDS
A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for
each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly
labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid
submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the
envelope clearly labeled on the outside as to the specific vehicle for which the bid is being
submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may
submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted.
B. The Board may reject any bid that does not conform to these requirements as non-
responsive.
9.. TAX EXEMPTIONS
A. The City of South Bend is exempt from the payment of federal excise and transportation taxes
levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana
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.
11. ESCALATOR OR CONTINGENT CLAUSES
A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless
requested or permitted by the Invitation to Bid. No Proposal shall contain nor be
accompanied by any writing purporting to limit or qualify the City's right to accept such
Proposal or purporting to alter such Proposal or any Contract which may be executed
pursuant thereto.
12. PRICES MUST BE DELIVERED PRICES
A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as
specified in the Invitation to Bid. No fuel surcharges accepted.
13. AWARD —WAIVER OF TECHNICALITIES
A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the
opening of Proposals to the lowest responsible and responsive Bidder who's Proposal
complies with all the requirements prescribed, exclusive of technicalities waived. Until the
final award of the Bid, however, the right is reserved by the City to reject any and all
Proposals and to waive technical errors.
14. SPLITTING OF AWARDS/DIVISIBLE BIDS
A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless
the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the
lowest responsible and responsive Bidder for each item or class of items as indicated in the
bid documents.
15„ BIDDER QUALIFICATION
A. The City may require any Bidder to submit evidence of qualifications, and may consider any
evidence of the financial, technical, and other qualifications and abilities of the Bidder. The
City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis
of financial resources and responsibility, possession of adequate equipment, personnel,
experience, and past record of performance to perform the obligations to be undertaken
competently and without delay.
16. PURCHASE ORDERS
A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is
made by the City.
IT 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
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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.
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2& INDEMNIFICATION CLAUSE
A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its
agents, officers, and employees from all costs, losses, claims and suits, including court costs,
attorney fees, and other expenses, arising from or out of the negligent performance of this
Contract by the Bidder or because or arising out of any defect in the goods, materials or
equipment supplied by the Bidder.
NOTE: Incoming mail does not reach the Board of Public Works until after 9:30 a.m. If
you are sending your bid via Federal Express or another overnight source, please
confirm that your package will arrive before the bid opening time and date.
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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 July 23, 2019 for the following:
Spec R - Twenty -Nine (29) Brand New Leaf Boxes
Specifications are available for download by visiting the City of South Bend's web page at
www.sotithbend n. ov:
X Click on "I'm Looking For"
X Click on "Doing Business in South Bend"
X Click on "City Contracts — Invitations to Bid"
X 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 July 23, 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.
BOARD OF PUBLIC WORKS
Linda M. Martin, Clerk
Publish two times:
June 28, 2019
July 5, 2019