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HomeMy WebLinkAboutAward Bid - Venues, Parks, and Arts 2020 Chemical Supply - Harrell's, LLC.1316 COUNTY -CITY BUILDING r 227 W. JEFFERSON BOULEVARD L PEACE SOI ITH BEND_ INDIANA 46601-1930 , CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 28, 2020 Mr. Jack R. Harrell Harrell's, LLC. PO BOX 807 Lakeland, FL 33802 RE: Award Bid — Venues, Parks, and Arts 2020 Chemical Supply Dear Mr. Harrell: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on January 28, 2020, awarded the above referenced chemical bid to multiple vendors. Your award is shown on the enclosed bid tab highlighting the chemical awards to each vendor. Also, enclosed please find a signed Bid/Proposal form. If you have any further questions regarding this matter, please call Patrick Sherman at (574) 235-5601. Sincerely, Linda M. Martin, Clerk Enclosures GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR Bidder (Firm): Address: City/State/Zip: Telephone Number: BOARD OF PUBLIC Gary A.Gil 611 President Harrell's, LLC PO Box 807 Lakeland, FL 33802 800-282-8007 Fax Number: 863-904-1540 By I d (Signature) Jack R. Harrell, III (Printed Name) Sr. Vice President (Title) ni �at Eliz,a th A. Maralik, -Member ' lqcse J. D45--U, �Wlfiiber &Icst: Linda M. I-tiji,Cerk s S B 81? . . . ...... . 2 z 2 < z U) id7 f fJ.Y < z < < U) M 92 0.1. M Q Q? 00. 91 In M ZQ 7, z z zzzz2,z za?z 73 Q. o m Q Q Q fp QY In p m iY spy el Ell ZZ23 2.zz zzzzzz.Gz, E zo; Z. z z z z m z z z z z z z Z- z m LL Zz'Z Zz m In z M Q al m z z M 4'99 IUD .CA cro IQ M w m 9 m M m . ..... "i ia 7d -,d m 0 -a m Iq la 0 9 4u M IQ ffl 0) Iq 7d . 10 ffi a 9 YJD N N 1 0 IN M IN m IN P.W N IN g 0 0 rn G. 0 z E E z 0 ou w m CU.TM rl c t5 C 2 �Ai= .1 a . T 0 lu c mm . g E 0) 0 . z . 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Pfl M. m Z z Z z .. .......... . �t tp Qt 16 m (n `.YI 0 CM In ...... r ...... r r r r - - --------- N N CV IN ®- —1c 1� 0 m W 0 w ml f°dx m E E 2 2 In N Q 0 zr W Zr SPECIFICATIONSzw, CITY OF SOUTH BEND� 1865 BID NAME Venues Parks & Arts 2020 Chemical Su FOR BIDS DUE January 14th, 2020 @ 9:30 am Pursuant to notices given, the undersigned offers bid(s) to the it r-of South Bcnd in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. 1. The City may accept bids from firms on individual items. 2. The City reserves the right to accept or reject any bids on any or all items. 3. The City has the right to order any quantity which the responsible department supervisors, Director, and/or Purchasing Manager deem necessary during the contract period. 4. All bid prices selected shall remain in effect for purchases within the year 2020. 5. All bids are to be f.o.b. at any City of South Bend facility. No fuel charges will be allowed. 6. Firm must be able to produce product SDS sheets upon request. 7. If there are pallet or bulk quantity pricing that is lower, please list that in addition to the individual pricing. 8. Firm must be authorized wholesaler of chemicals that are bid, with ability to recognize industry warranties. 9. Chemical supplier must be able to guarantee claims of product performance. 10. Bidder must include application schedule for chemicals provided at no additional cost. 11. Please address any questions to the Project Manager, Patrick Sherman, at psherman@southbendin.gov by 01/07/2020. soil T1a r A. BID/PROPOSAL- IP CITY OF SOUTH BEND 186 BID NAME Venues Parks & Arts 2020 Chemical Supply FOR BIDS DUE January 14'h, 2020 @ 9:30 am Please use the forms below to submit bids. TY SELLER'S I III � SALE BEND �'A� I11AiylA AND O"1MI-I OLL��1 3h1 AND NON CDE�A�MEOhI �AFE RIAL; BID NAME Venues Parks & Arts 2 EOII MITMENT FOR SE AVIT tIV-E"I�0�111J1I ATII FOR BIDS DUE JJanua 1�Irh 2020 9:30 amOlaerrt%oal Su 1 LL�P � Date: 1 /9/20 Address: PO Box 807 City/State/Zip: L—kel n , FL 2 Agent of Bidder (if Applicable): n/a Bidder (Firm): 810 28-0 When tllt`PrrrsPeative ("eMtrrrc"t" 1'� 1 1 11 al Ito tea eerte 10 ara A f r ,f the strrtexrrrerrts /rxeto � iP s III%/ attac it cr�r c a��larrati � "O1" 1'11tA C'fi+OII '�y NON -COLLUSION � c` xa trr t1r1:s A AND N lJidaver. CERTIFICATION 1t.F�GA1tr�I+IC;� If'+i�"E"�" 1 iL�IW�13Ai�M 1+�T�.1 ERTI 1 C TI �1�p AFFIDAVIT� TMI"l.f, °I�'i°I"1-1 ii�Al'�, LM1"L+LN'I�"MEI'1" I� ICAT"I+ON,NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED Ia STATES STEEL I'01)I:tCTOR1�I�' �� PRODUCTS C`I`, Harrell's, LLC Telephone Number: (Must be completed for all quotes and bids. Please type or print) ) STATE OF 1w L0R_ DA POLK COUNTY j SS: The undersigned Contractor, being duly sworn upon his/her/its that: oath, affirms under the penalties of perjury l Contractor has not, rtor has any othcr Mcniber, represerltati company, corporation or partnership represented by him, entered irrta collusion or trgrcert�rcrtt °vvrth art �"�, or agent ol`the firm„ uch lettirr y person relative to the price to 17c bid b ally corttbirratiort, g nor- to prcverrt any persorr frorrt bidding bidding, and that this bid is made without reference to rrrt Other y anyone at Orr agreement, understanding or combination g nor to induce arryortc to rel�ain li•ortr bidding. Contractor leather says that no person or n y ter bid and without arty or will receive directly 01, indirectly, an e r other person rrills', or rr reference to such account of such sale; and bate, fie, gift co mrniwssion orthing poion has, have g l value on 2. Contractor certifies by submission of this Proposal that Of its principals are presently debarred ineligible, principals voluntarily are Pre excluded from rtford barment, nor any suspended, proposed for debarment, declared depar°trnent or agency; and participation in this transaction b ., y any f"c�derrra 3. Contractor has not, nor has any successor to, nor an affiliate of C investment activities in Iran. ontractor, engaged in 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: 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 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. 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 01 clay of J- an , 20,20 Harrell's, LLC Contractor/Biddq (Firm) email, Gyre of Contractor/Bidder or Its Agent Jack R. Harrell, III - Sr. Vice President Printed Name and Title Subscribed and sworn to befor e me this day of . a uo 20 DO My Commission Expires. N&4 PA le ................ County of Residence w y. MARY E. EISNER wx MY COMMISSION # GG 192162 »' EXPIRES: March 9, 2022 Underwriters Bonded 11uu Nary Public (To be completed only by ContractorslBieliler,8, claiming to be a "local Indiana business" pursuant to LC. 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM "local India, A "local Indiana business" refers to any of the following: (1) A business whose principal place of business is located in an affected county. 1 (2) A business that pays a majority of its payroll (in dollar volume) to residents of affected counties. business ss 3) A business ( ) h"" . majority (3) A business that employs residents of affected counties as a aiO iYofits 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 Coun: Elkhart County, Marshall County, Starke County and LaPorte County ty 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 Lk'ASS —than $50, 000 - 3 %for a purchase expected by the purchasing agency to be at least $50, 000 but less than $] 00, 000. o be at least $10,0, 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 # located within the City of ❑ The location of the principal place of business is El St. Joseph County, Indiana El The following county located adjacent to St. Joseph County, Indiana: E] I'llc MaJOritY Of the business's payroll for the 12 months prior to the date of this Bid is to residents of -10SOP11 County, Indiana or the adjacent county noted above. St. El The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible re 11 then it $hall ],)rovide period prior to the date of the Bid of(i the total payroll amount supporting documentation for tile 12 month Pei , SPO sive bidder, paid to all employees of the business, and (ii) the total payroll all]OU of St. Joseph County and the ad,l�acent COUntY rioted above. 'It paid to employees who are residents WHEN SUPPL YING Stlpp()R T'N(; PA YROU RECORDS, BIDDER SHA LL RE, D,4 CT SOC1,11 L -S`ECURI it Y NUAIRE, RS� Dated this day of 2 0, Contl'actOr/Bidder (Finn) Signature ofC 011011clor/Bidder or Its Agent Printed Name aiiid�Tijie CITY OF SOUTH BEND " "` INSTRUCTIONS TO BIDDERS 1865 BID FORMS AND EXECUTION A. Bidders are expected to examine the Drawings, Specifications, Proposal and all Instructions. Failure to do so will be at the Bidder's risk. B. Each Bidder shall furnish all information required by the Notice, Instructions to Bidders and Specifications. Bids must be made on the form provided. The Bidder shall sign the Proposal and Non -Collusion Affidavit, which is a part of the provided form, where indicated, provide a notary signature and provide all other information required. C. The Bidder shall sign the Proposal in the following manner: If the Proposal is made by an individual, his/her name and post office address must be shown. If made by a partnership or joint venture, the name and post office address of each member of the partnership or joint venture must be shown. If made by a corporation, the Proposal must be signed by an officer of the corporation or by a representative duly authorized by the corporation to execute the Proposal in its behalf. 2. SEALED BIDS ONLY A. Bids, Proposals, Guaranty, and other required documents must be submitted in a sealed envelope marked on the outside with the general classification of material bids, i.e. "Bid for Computer Equipment," "Bid for Front End Loader," or "Bid for Office Supplies." B. When samples are required, such samples shall be delivered or shipped at the bidder's expense to the address specified in the Invitation to Bid. Samples must be shipped separately from bid documents and labeled clearly with the Bidder's name, address and the commodity or equipment 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, 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 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 BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. 7, TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 10. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 11. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13. AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 15. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. M 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 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. 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. Client#: 21954 HARRLLC2 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 /09/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AfiC N E1 863 686-2113 �( NAME Renee' Pa ne Lamer Upshaw,Inc. oNE� 863 682 6292 1115 US Hwy 98 South MAIL °""' Arc ADDRESS:,_ Re_n_ee_.Payne@LaiiierUpshiaw.com erUpsh P.O. Box 468 Lakeland, FL 33802 ; AIG Speciality insurance R(S) AFFORDING COVERAGE NAIC # INSURE.R.�............................ INSURER(S) Co...............__._..,....,....,.,.,..,,...............................�.........---- 26883 Harrell's LLC, Harre ......__ _..... ........ INSURER C .... .,._ ... INSURED INSURER B Nat'l Union Fire Ins Co of Pittsburgh 79445 ll'$, Inc. Markel American InsuranceCc 28932 P.O. Box 807 INSURER D Axis Surplus Insurance Company 26620 Lakeland, FL 33802 - .......... __. INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A ., TYPE OF INSURANCE POLICY NUMBERNtVraii,<DtiFXYXY. iMM/DD/YXXX), ..__ LIMITS AL LIABILITY EG13/01/2019 7937835 03/01/202 EACH COMMERCIAL GENER LENTPO OCCURRENCE 9 .... CLAIMS MADE X OCCUR ?,A,,MA( C�Yei,d.irrH3cte„s) GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT t I LOC OTHER ..............._.................................................. B AUTOMOBILE LIABILITY X ANY AUTO B ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS lx NON -OWNED Auros UMBRELLA OCCUR A X� EXCESS ABAB X CLAIMS -MADE CA4489811 All States CA4489812 MA Only EGU17915146 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG_ Deductible /20 M 03/01 $1 0 $2 $1 1,000 BODILY INJURY (Per person) $ PR $ /2019 03/01/202 BODILY INJURY (Per accident) $ PERTY OAMAGE'. ... PIi _....-..................... qu��p PIP $$1 /2019 03/01/2020 EACH OCCURRENCE AGGREGATE $15 .....(....PE.D L. �.l-.RETENTION $U ,,, ,,.. .,.,..., ...... $ B WORKERS COMPENSATION Y/N WCO25893850 3/01/2019 03I01/202 X PER IbTH OFFICERIMEMBEREXCLUDED? N/A All States 17F $1 O B (Mandatoryin NH WCO25893851 3/01/2019 03/01/202 E.L, Dlsl A ovEE $1 000,000 D EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EACH If yes, describe under ACCIDENT .. 00f000 RIPTION OF OPERATIONShelow .. ...... .., ,..... ..... ................ .............. .EL_.DISEASE- POLICY , LIMIT � ....� .. ) SE EA EMPL MIT $1000,000 A Pollution Liabili EG17937835 3/01/2019 03/01/202 $2,000,000/$50,000 Ded C Rented/Leased Eqp MKLM31MOO501 3/01/2019 03/01/202 $500,000 Per Item/Occur D Prof Liabilit EMP1900056101 3/01I2019 03/01/202 $1,000,000/$10 000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE Bid Name: Venues Parks & Arts 2020 Chemical Supply Certificate holder, City of South Bend, their affiliates and or assigns are included as additional insured in respects to general liability on a primary and noncontributory basis and auto liability as required by written contract. Waiver of subrogation applies to additional insured(s) for general liability, auto liability and workers compensation. Umbrella follows form of general liability, auto liability and workers compensation. City of South Bend Office of the Board of Public Works 227 W. Jefferson Blvd, Ste 1316 South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) 1 of 1 #S470303/M466402 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SRP