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HomeMy WebLinkAboutOpening of Bids - One or More, 2020 or Newer, 6 Yard Front End Rubber Tire Loader - Hardings, Inc.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 March 24, 2020 for the following: Spec A — One (1) or More 2020 or Newer 6 Yard Front End Rubber Tire Loader Specifications are available for download by visiting the City of South Bend's web page at www.southbendin. W 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 March 24, 2020 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: February 28, 2020 March 6, 2020 CITY OF SOUTHBENS INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS AND NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT AND 1865 NON-DISCRIMINATION COMMITMENT FOR SELLERS BID NAME Sec A — One 1 More or Less 2020 or Newer 6 Yard Front End Rubber Tire Loader FOR BIDS DUE March 2, 2020 9:30 a.m. Bidder Date: March 4, 2020 (Firm): Hard"uns, Inc, Address: 109 West Commercial Avenue City/State/Zip: Lowell, IN. 46356 Telephone Number: 219 696 — 8911 Agent of Bidder (if Applicable): David Huppenthal____ 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 ,Indiana ) SS: Lake 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. 0 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. 4 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 6th — day of March , 2020 Subscribed and sworn to before me this My Commission Expires / 0_Aa G ORGE NiKITARAS Notary Public , S ai porter County - stag of Indiana Co,mmtssion Nucor >er WPO724607 ray Commission XpiresJan 16, 202 County of Residence �.._. Hardin �s Inc Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent g r t David Huppenthal Sales Printed Name and Title day of,_.✓;�7,f oL` ...e ' 20 AO Notary Public 5 (To be completed only by Contractors/Bidders claiming to be a "local Indiana business"pursuant to LC. 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 pwchetse expected bar the purchasing a enq to beat least $'100, 000. Date: Pursuant to I.C. 5-22-15-20.9, claims a local Indiana business preference for Project (Project # ) located within the City of South Bend, St. Joseph County, Indiana. ❑ The location of the principal place of business is :. (Address) St. Joseph County, Indiana E] The following county located adjacent to St. Joseph County, Indiana: ❑ 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. WHENSUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACTALL SOCIAL SECURITY NUMBERS. Dated this �. o dayof m - r c 4 „ 20 � o Contractor/Bidder irm) Signature of Contractor/Bir�dder or Its Agent C-2r ,,"e (' ­. 7ep µa',�,+°J'�n rcz/ —5a/, f Printed Name and itle Cel Al SPECIFICATIONS rp CITY OF SOUTH BEND 1865 Spec A — One (1) More or Less 2020 or Newer 6 Yard Front End Rubber BID NAME Tire Loader FOR BIDS DUE March 24, 2020 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 A- ONE 1 MORE OR LESS 2020 OR NEWER 6 YARD FRONT END RUBBER TIRE LOADER It is the intent of these specifications to describe a new rubber -tired, articulated, four-wheel drive, diesel powered, front end loader. Loader bucket to have a 6-yard minimum struck capacity. Operating weight minimum 58,000 lbs. Unit to be bid with and without trade in. The City reserves the right to award with or without a trade in. The City of South Bend reserves the right to reject any and all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be in the best interest of the City of South Bend. Vendor to complete bid proposal, non-discrimination commitment, and options contained in this bid specification and attach to the submitted bid. Any exceptions to the following specifications must be noted by the dealer on a separate sheet of paper at the time of bidding in order for the bid to be valid. Engine: Tier four certified six (6) cylinder Cummins QSG12 electronic diesel or equal with a minimum of 331 horsepower. Emergency shut down for low oil pressure and high-water temperature. Fuel system to include primary and secondary fuel filters and fuel -water separator. Air cleaner to be dual stage equipped with restriction indicator. Engine to be equipped with cold weather starting aid engine block heater. Reversible hydraulic fan for easy clean out. Transmission: Torque converter drive, electronic controlled shifts. Five (5) forward and three (3) reverse speeds, minimum travel speed 24 mph. Down shift control button to be located on the loader control levers. Clutch disconnect to work through brake pedal. Axles/Differentials: Limited slip — outboard planetaries Brakes: Outboard four-wheel, wet disc, self-adjusting fully hydraulic brake system. Brakes to be oil cooled and operated by one of two brake pedals. Parking brake to be spring applied and hydraulically released. Parking brake to be manually applied and automatic with loss of engine power. Dual pedals. 7 Steering: Fully hydraulic power steering with 40-degree minimum articulation in each direction. Hydraulics: Variable displacement piston pump minimum 90 GPM, pressure compensating system, 42-gallon minimum reservoir with sight glass, System to include 10-micron full flow filter and oil cooler. Loader controls to be two -function valve with single control lever. Must be equipped with ride control. Electrical: 24-volt system, I I0-amp minimum output alternator, 2-12 volt 950 CCA minimum batteries. System to be waterproof. 24-volt systems to include converter to 12 volts to operate City owned communication equipment. Must be capable of handling 20 AMPS. Unit shall be controlled by ignition switch. Unit will have 3' of wire including ground, battery, and ignition feed capable of handling 20 amps coiled up in center of dash. Tires: 26.5 X R25, 20 PR L3 Radial Tires Bucket: The loader shall be equipped with a 6-yard minimum struck capacity with 3-piece bolt on reversible cutting edge. Hole punch shall be like other loaders in the City Fleet. Bucket hydraulic system to have automatic return -to -dig, return -to -travel, boom height kick -out control, and bucket level indicator. Bucket to be automatic self -leveling. Unit to be equipped with two bar linkage. Cab:.. All steel R.O.P.S. design with access from both sides. Sound suppressed, vented, heavy duty heater/defroster, air conditioning, front wiper and washer, interior light, adjustable air suspension seat, tinted windshield, rear window sunshade, door locks, dual outside rear view mirrors, full front & rear fenders. The following dash mounted illuminated gauges shall be included: fuel, voltmeter, hour meter, engine oil pressure, engine coolant temperature, transmission oil temperature. AM/FM radio. On board scale. All around four camera monitoring system. Lights: Lighting system to include two rubber mounted head lights and two rear mounted brake and turn lights. In addition, two front and two rear work lights shall be included, along with a roof mounted amber strobe light. Frame & General: 138" minimum wheelbase. 136" maximum height. Operating weight 58,000 lbs. minimum. Equipped with side and bottom guards for transmission and front frame. Rear counterweight to be included. The loader shall be serviceable from ground level and have remote grease fittings for all lube points. Fuel tank 100 gallons minimum. DEF Tank shall be 15 gallons minimum. Vendor to supply two each, parts, service, and operator's manual at time of delivery. 8 Performance: 44,090 lb minimum tipping YES/NO 44,090 lb straight load straight, 44,455 tbs. 40,455 lb full turn minimum at full turn. 123 inches Minimum Dump Clearance YES/NO of 123 inches. 51,665 tbs Minimum breakout for YES/NO 51,6651bs. 51,500 tbs 51,500 tbs. minimum break YES/NO out force. Performance Evaluation: Each bidder should be prepared to provide the City with a unit for evaluation. A performance evaluation will be conducted by a team of City employees. Performance as determined by the City will be used to decide if the unit bid is responsive to the needs of the City of South Bend. The City of South Bend reserves the right to have a representative from an outside agency attend the performance evaluations. The results of these performance evaluations will be used to determine if the unit bid meets the minimum performance standards of the City of South Bend. The evaluation results are the property of the City of South Bend and cannot be used by anyone other than City employees for evaluation purposes. Safety: Unit to conform to all state and federal occupational health and safety requirements. Loader to be equipped with back up alarm and seat belt. Training: The first service will be performed at Central Services, 1045 West Sample Street, and will also serve as a training session on loader maintenance for mechanics. The cost of this service will be included in the bid price. The loader shall be full of fuel, serviced and checked in accordance with the manufacturer's recommendations prior to delivery. The successful bidder shall provide up to eight hours instruction for maintenance and operation at time of delivery. Warranty/Service: Successful bidder is responsible for all warranty repairs. Vendor to state nearest warranty dealer. If travel outside the City of South Bend is required for warranty repairs, transportation of the unit is the responsibility of the successful bidder. Transportation must take place within the next normal working day or the responsible party will be charged $100.00 per day late fee. 9 Loaner to be supplied for any warranty work when machine is down for five days or more. Complete unit 12 month/2,000 hours except for tires and batteries. 5 year/10,000 hour, 100% parts and labor, engine and drive train warranty to be included. Vendor to include pricing for extended warranties. Quantity:. One (1) or more Alternate 1: Hydraulically operated bucket coupler system compatible with a JRB Grapple Bucket. Must include axillary hydraulic system to operate grapple and broom. Alternate 2: Grapple Rake 108" grapple rake with 9 tines and dual paddle design Alternate 3: Broom 96" hydraulically driven rotary angle broom capable of 30-degree swivel. Alternate 4: Forks 96" fork carriage with 60" adjustable fork tines. Alternate 5: Snow Pusher 168" x 18 cubic yard snow pusher with rubber edge Trade -In: Unit SN613, 2006 Hyundai, VIN# LB0410028 Unit 299, 2000 Case 921C Loader, VIN# JEE0123503 Delivery: Bidder must state an accurate delivery date which shall not exceed 150 days from the date of bid award. Due to the age of the City's existing fleet, it is imperative that the units be delivered as quickly as possible. Stated delivery lead time will be included as an integral part of our bid selection process. FOB Central Services. Liquidated damages of $100.00 dollars per day, per unit will be assessed by the City and deducted from any monies owed to the vendor if the units are not delivered complete to the City by the stated date. The unit and all related paperwork is to be delivered to: Central Services Division 1045 West Sample Street South Bend, Indiana 46619 The Board will award the bid to the lowest responsible and responsive bidder. If the bid is not awarded to the lowest bidder, the factors used to justify the awards will be stated in writing at the request of any bidder. The Board reserves the right to reject any and/or all bids or portions thereof and to waive any irregularities or informalities 10 BID/PROPOSAL CITY OF SOUTH BEND Spec A — One (1) More or Less 2020 or Newer 6 Yard Front End Rubber BID NAME Tire Loaders FOR BIDS DUE March 24, 2020 9:30 a.m. Description Year/Make/Model Unit Price Front End Loader "2020" Hyundai HL975 $ 289,316.00 Year Make/Model — Trade In Unit Price 2006 Unit SN613, Hyundai, VIN# LB0410028 $ 28,000.00 2000 Unit 299, Case 921C Loader, VIN# JEE0123503 $ 12,000.00 Alternate# Description Unit Price 1 Hydraulically operated bucket coupler system . �� 4,279.00 compatible with a JRB Grapple Bucket. Must include axillary hydraulic system to operate grail le and broom. 2 Grapple Rake 108 grapple rake with 9 tines and dual " $ 31,23 1.00 paddle design 3 Broommm96"hydraulicallymmdriven rotary angle broom $ 14,689.00 --,capable of 30-de_gree swivel. ...1.. " 4 Forks 96 fork carriage with 60" adjustable fork tines. $ 1,050.00 5 w SnowPusher168" x 18W cubicyardsnow pusher with $ .... 7,798.00 rubber edge Estimated number of days for delivery from award date. 90 to 150 days Bidder (Firm): Hardinccis, Inc. Address: 109 West Commercial Avenue City/State/ Zip: Lowell, Indiana, 46356 Telephone Fax Number: 219 696 - 8911 Number: 219 696 - 8915 11 BOARD OF PUBLIC WORKS ATTEST: Linda M. Martin, Clerk �(Signature) (Printed Name) Sa /e S (Title) Gary A. Gilot, President Elizabeth Maradik, Member Therese Dorau, Member Jordan Gathers, Member Joseph Molnar, Member 12 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: 3. 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 1. 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 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. 13 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. 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 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. 14 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. 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 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. 15 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. 21 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. 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. 16 /EMCInsurance Companies® Document A310 - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Hardings, Inc. of business) 109 W. Commercial Avenue Employers Mutual Casualty Company This document has important legal Lowell, IN. 46356 1815 South Meyers Road consequences. Consultation with an attorney is OWNER: Oakbrook Terrace, IL. 60181 encouraged with respect to its completion or modification. (Name, legal status and address) City of South Bend Indiana Any singular reference to Contractor, Surety, 13th Floor, County -City Building Room 1316 Owner or other party shall be considered plural South Bend, IN. 46619 where applicable. BOND AMOUNT: Five percent of amount bid PROJECT: (Name, location or address, and Project number, if any) Sale of of (2) New HL975 Wheel Loaders The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond, Signed and sealed this 18th day of March, 2020 (i�^i mess (Witness) Lucy r Itale _�V (Principal) / (Seal) ` 9 i' e- �7_f (Title) (Sur ,ty) (Seal)__ (Title) Attorney -in -Fact Init, This document conforms to the wording and provisions of the AIA A310-2010 bond form, 061110 AIFEMC. P.O. Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation Illinois EMCASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: Sherri Louise Hanish its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Bid Bond In an amount not exceeding Two Million Five Hundred Thousand Dollars.„.„„,„,,,.......„„„,..„..,„„„,.........„.,.,„„.„........,„..„„„............................................„...$2,500,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to b hereto affixed this 1st day of July 2018 Seals �,cy IcJSE,,�`. ,, � �,fPMb��� ,.•�q M d ��.• i SEAL 1 1863"a" 1953 SEAL SEAL SEAL !q- .tl Bruce G. Kelley, -O, Ch ` an of Todd Strother Companies 2, 3, 4, 5 & 6; President Senior Vice President of Companies 1, 2 & 6; Treasurer of Companies 1, 2, 3, 4 & 6 On this 1st day of July 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President and Treasurer, and/or Senior Vice President, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Todd Strother, as such officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2022. CERTIFICATE 46" O�Lq&W W„. Notary Publl in and for the State o fwra I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on 1st day of July , 2018 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 18th day of March 2020 „ /V Vice President 7854 (9-19) B007627 T1116 969 A 000000-00 "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." Efficient design for loading tires, land clearing, and trash handling "C" shaped radius excretes small debris through bottom shell • Multi -tine grapples allow for better material retention Dual hydraulic cylinders allow independent actuation of each cylinder for clamping uneven loads Optional sidebars available • Available as pin -on or compatible with JRB's Quick Coupler System Third function loader hydraulics and jumper hose kit required for operation A. Catalog Number 150GBR 225GBR 30OGBR 350GBR 450GBR 60OGBR B. Capacity (Cubic Yard) 1.50 2.25 3.00 3.50 4.50 6.00 D. No. of Tines 8 8 8 8 9 10 "A" Maximum Opening 61.35" 71.42" 74.83" 74.83" 100.89" 119.59" "B" Minimum Opening 20.99" 26.39" 28.94" 28.94" 35.32" 45.35" "T" Tine Spacing 12.25" 13.25" 13.86" 13.86" 14.14" 12.69" "W" Width 92.00" 94.00" 99.00" 99.00" 113.50" 117.50" Weight 1,822 lbs. 2,326 lbs. 4,6931bs. 4,723 lbs. 7,170 lbs. 8,500 lbs "cauny'ae J 'Paladin attachments have the 4 a, dbility and performance I lways count on." '� Jim W., Construction Contractor ....................... ............. __./ 41 fr �����aa:�drU AIIAC dNNTRf 40<4„; 820 Glaser Parkway, Akron, OH 44306 II PH: (800) 428.2538 ll FAZ gF SWEEPSTER BY PAIILADN IN III TruIII . and Whe6ll II oader Angle Sweeper uir lI liii uirliiive * Heavy duty cleanup * Dual motors powered from loader hydraulics * 20-36 GPM flow required (2,000-3,500 psi) * Casters and parallel arm mounting to follow ground contour are included * 32" brush diameter * 8', 9' brush widths available * Various quick attach and pin -on mounts available Mechanical angle standard, hydraulic optional * Quick change core Specifications 22197 22109 MaxWidth at 0° Articulation 106.5" 118.5" Max Length at 0° Articulation 74.5" 74.5" Max Width at Full Articulation 103.0" 113.0" Max Length at Full Articulation 89.0" 92.5" Motors dual dual Brush Diameter 32.0" 32.0" Weight (lbs.) 1,700 1,950 Range of Hydraulic Oil Flow Dual Motor 20 to 36 gpm Range of Hydraulic Oil Pressure Dual Motor 3500 psi v, Available with manually adjustable tines or hydraulically actuated tines for side -to -side adjustments from the cab • Third function loader hydraulics and jumper hose kit for Quick Coupler required for hydraulic fork operation. Hydraulic forks supplied with attachment side whip hoses Tine static load capacities are rated beyond loader lift capabilities • Fork carriage widths range from 60" to 106" o Tine lengths range from 48" to 96" • Optional hydraulic side shift rotation available a JRB Quick Hitch Mount standard, Pin -on options available "Paladin attachments have what it takes to get the job done quickly and efficiently." Ron C. - Equipment ui men Dealer 9 P ,... w � el k f „ XZ 820 Glaser Parkway,� 1pr� POWERFUL ATTACHMENT TOOLS Akron, OH 44306 ii PH: (800) 428.2538 i �71Ni1� The Snow Pusher Is extremely handy for use at parking lots, gas stations, storage facilities, hospitals, airports, or any area you wish to quickly clear snow from. The Werk-Brau snow pusher is a fast and effective tool that is easy to connect, and does less damage to surfaces than steel blade pushers. Qualityuu"''�''Illlllu' 3/8" X 36" X 36" Side Plates w/Tapered Channel Gussets Plow Face - 3/16" A36 Steel Reinforced w/ (2) 1/4" Channel Stiffeners(Length of Blade) 1"X 6" Reversible Rubber Cutting Edge w/ three 1/2" Adjustable Slots 3/4" F400 Abrasion Resistant Replaceable Wear Shoes (Extends wear by 8X) Fully Welded Construction w/ 1/4" Rear Blade Gusset Supports ' Split Universal Quick -Attach plate Cutting EqulllplmIIIiwn 1;tibons: The Werk-Brau Snow -Pusher is equipped with an adjustable rubber cutting edge, which absorbs shock and resists loader blade impacts. It is ideal for removing wet, heavy snow and limits damage to most surfaces to minimal or no damage at all. Advantagesf IIhflp)r' RIIIa e 1) ollll"11111 1 Snow Pusher ��W�"�1����� ' Longer Lasting No Gouging Quick, Clean Removal BH WBSP12-11 12FT 11 1450 Safe High -Speed Runs 1 1 & 19BH WBSP10-12 10FT 12 1a00 Less Equipment Shock ' 1 & 198H WBSP12-15 12FT 15 2200 Lower Maintenance u 2 WBSP12.15 12FT 15 2200 2 WBSP14-18 14FT 18 2400 IIIlioriI lFeatures: � 3 WBSP16-21 16FT 21 2500 Special designs and capacities are available, 4 WBSP18-23 18FT 23 2750 please request a quote from a Dealer or contact 4 wasP20-28 20Fr 28 3000 Werk-Brau directly. 5 W13SP24-30 24FT 30 3500