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HomeMy WebLinkAboutOpening of Bids - Water Treatment Chemicals 2020-2024 - Schaner Wastewater Products, Inc.WATER TREATMENT CHEMICALS 2020-2024 ADDENDUM NO. 1 Date: April 13, 2020 TO: All Plan Holders From: Bradley VanOosterum, Operations Manager The following information is to be changed/added to the contract documents: Replace entire Notice to Bidder with the attached Notice to bidder. Replace the below Statement of Policy along with other mention of bid submittal in a sealed envelope: All sealed bids submitted to the Board of Public Works must be received in the Board of Public Works Office, 1316 County -City Building, South Bend, Indiana, no later than the advertised time on the advertised date of the bid opening. With the electronic bid submittal directions in the revised Notice to Bidder and at southbendin. govIbids. Attachments-. Notice to Bidder -This addendum consists of a total 3 pages inclusive of "Acknowledgement of Receipt of Addendum" sheet - Version 4/2/2019 Notice is hereby given that the City of South Bend, Indiana, will receive electronic sealed bids at southbendin.govl,bids, until the hour of 9:30AM. Local Time, on April 14, 2020, for the following: Water Treatment Chemicals 2020-2024 The Title of the Bid and Project Number (where applicable) as described above must be included in the subject line of the email to which you have attached your bid. The name of the company/vendor, address, contact email address and phone number must be included in the body of the email.Detailed instructions and information, including to the Reserve I in / e for electronic bid submittals, is available at southbendin .gov/bit' I k Mailbox ox ds. Specifications are available for viewing and download by visiting the City of South Bend's web page at smah �ql ill_g, , d N-11 --- i�js, 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 bi non -responsive to the specifications. non-res I r n d Bids received after 9:30AM, Local Time, on April 14, 2020, will be returned unopened Electronic 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. An electronic copy of a Bid Bond or Certified Check in the arnount of not less than 10% must be submitted with the bid. The awarded bidder will be required to send the original check or bid bond via USPS. The Board reserves the right to reject any or all bids or to accept a full orpartial 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 detennining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive. BOA-RD OF PUBLIC WORKS Linda M. Martin, Clerk Publish two times: March 13, 2020 March 20, 2020 Version 4/2/2019 Ybt,,��,,-, was SLlt,)rnitted. Submit artother, Create nf awn fban Rimic,,r,ed be Nhax)safft R)rrris I Privace and cookies I lbrms OirLtSe- 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. 13,16, County -City Building, 227 West Jefferson, Blvd., South Bend, Indiana, until the hour of 9-30AII Local Time, on April 14, 2020, for the following,. Water Treatment Chemicals 2020-2024 SPeoins are available MLA �_southrendtaov: x Click on 'Tim 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 Lgxjpjww onl during regular working hours in the, Department of Public Works, Ste, 13,16, County -City Building, 227 W, Jefferson Blvd., South, Send, Indiana 46601. Bids received after 9:30AM, Local Time, on April 14, 2020, will be returned unopened., Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment Affidavit, Nion-Diiscrim !nation Commitment form, and a Non -Collusion, Affidavit Form. Certified Check or Bid Bond In the amount of not less than 101% 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 norm-respionsive. 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 interest of the City of South Bend. BOARD OF PUBLIC WORKS Publish two times: Linda MI. Martin, Clerk March 13,, 2020 March 20,, 2020, CITY OF SOUTH BEND. INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS Water T r"tr"!jt Chemicals 2020-2024 Mt 20?%, 9.30 AIMuI, Local Time D�ate: Bidder 3-Al (Firm): Address: City/State/Zip: Aaj� Ielephone Number: � Agent of Bidder (if Apr1k 7all 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 quotes and bids. Please type or print) 2-, COMMOt4WEALTH OF P NNSYLVANTA STATE OF T _JR— NOTARIAL S,EAL Johnson, 5 a r Public )SS- je,n Johnson Notary y B a e Tow n s h�p eaver iownship C r COUNry �awfurd County C C P i 05_03_2021 My Commission EX ires 05-03-20121 The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: I « Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be, bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, finris, 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 1 Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means, the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time, 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 ( 201,O100,000) 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 lint published by the Indiana Department of Administration. . 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 verily 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-. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bird/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 (0) 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, seer, 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 IMBEIWBE; 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. 1, 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). 1 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 day of Na20 l _2-,U C nt7etor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent N Printed Name and Title Subscribed and sworn to before me this day of 20 -a My Commission Expires 0 NPublic County of Residence NOTANIAL SEAL jean Johnson, Notary Public Beaver Tbwnship Cravwford County CgMmISsion rypit 05-03,,2021 (To be completed only by ContractorslSidders claiming to be a "local Indiana business" pursuant to L 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 affactedcounties, (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 aSurchase erected y thepurchq§L arcy o be, t least 0000 Date: Pursuant to IC, 36-1-12-221 aims a local Indiana business preference for Project (Project # located within the City of South Bend, St, Joseph County, Indiana, U The location of the principal place of business is LA 2—L It-t, S� 11 St. Joseph County, Indiana (Adolms ?A LL q-�r 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. D The majority of the blusiness"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 (H) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted: above. Uyl �"A Dated this, 3 day of 202-0 C ntract i na use COMMONWLALi n Ul- HENN6 2 -L V A N COMNA494W 8LA k1.N5YLVAN1A -n—Jonn y ic I ry C -IfifillwWASMAary Public c5021, 5 LM y C �am r�j s s = ices A. GENERAL i® The purpose of this specification is to outline minimum acceptable Properties of a struvite remover/preventative at the Bureau of Waste Water in the treatment process. ii. Quantity of the product stated in this specification is intended as an estimated usage during a 12 month period rather than an absolute quantity. B. PROPERTIES The product must be non -toxic and require no additional PPE to handle and/or maintain. Vendor shall supply (at no charge) and maintain (at no charge) all chemical feed pumps, spray bars, spray nozzles, and injection equipment (where applicable). iii. Product must have a minimum dilution rate of 40 000, 1 iv. Vendor must have a minimum of five (5) installations with five (5) years of proven process application of struvite removal and prevention. v. Product must be, manufactured and distributed solely from the U.S.A. vi. Typical Properties flammability None Neutral Solubility rv. Miscible Packaging to be in 275 gallon totes. Must be able to guarantee delivery of 275 gallons within 10 calendar day, after order placement. iii. Material to be delivered F.O.B. the Waste Water Treatment plant located at 3113 Riverside Drive, South Bend, IN, 46628. BID/PROPOSAL CITY OF SOUTH BEND BID, NAME Water Treatment Chemicals 2020-2024, FOR BIDS DUE 44" 2020,,9:30 a.m., Local Time Item Est., Qty. ' No. Per Year Item Units Unit Price Total 150 Chlorine — I Ton Cylinders Ton s 2 150 Chlorine — 150 Lb, Cylinder Cyl 3 90,0000 Ferric Chloride Gal s 4 260 Fluorisilicic Acid — 23% Ton s 6 7,500 Potassium Permanganate — 55 Lb,, Pails Lbs. 6 22,500 pyrophosphate Sequestrant, Agent Lbs. $ $ 7 100 Sulfur Dioxide — 1 Ton Cylinders — --y;; $ 8 40,000 Dry Polymer Flocculent — 50 / 55 Lb. Lbs. Polyethylene Bag $ $ 9 25,000 Liquid Calcium Nitrate dal. $ Sodium Hypochlorite -- 12.5% GaL 10 72,000 11 1100 Sodium Pen-nanganate Gal'. 275 Gallon Totes $ 121,1100 Sodium Permanganatc Gal, 500-500 Gallon Bulk $ $ 13 1100 Struvite Remover 275 Gallon Totes Gal. ... . ...... $ z. b TOTAL Bidder (Firm): Address- Qty/state/zip: Telephone Number: ,',J�A-L4 3,q - Fa'x Number: a q - 2-L-S I Gary A. Gilot, President Elizabeth A. Marad—ik, "eWr Laura L. O'Sullivan, Me m be'r By (Signature) r 't'( inted Name) (Title) Genevieve E. Miller, Member Therese J. Dorau,, Member 4. 1� CITY OF SOUTH BEND INSTRUCTIONSTO BIDDERS B'II FORMS AND EXECUTION A. Bidders are expected to examine the Drawings, Specifications, Proposal and allInstructions. 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 Enid 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 aniy), and Material Safety Data Sheets (if appllicable), 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 X Bid Form attached Proposal B. Amendments to Specifications C, Specifications D� Special Provision E. Instructions to Bidders F. Notice to Bidders DELI IERY 2F BIDS A, Bids must be delivered to the Office of the Board of Public Works, 13th Floor, County -City Building, Room 13116, 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 1'316 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 VAII be returned unopened. C. Bids will be opened and read publicly at the time and place d Bidders. Bidders, their authorized agents, and the public are IN] l in the Notice to to be present. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is deliveredin, a se crate sealeEdgepnvel I .Y--I-O.R—e, with the envel Ve clearly labeled on the outside as to the spelclKcTteftfor�wmhic�i the bid is being submitted. oBidders " may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bondequal to 110% of the combined total of all bids submitted. A Bidder who wishes to bid on multiple chemical's may submit one (1) total bid with pricing listed for each chemical which the Bidder Intends to bid on. There is no need for a Bidder to submit a separate and unique bid' for each chemical E. The Board: may reject any bid that, does not conform to these responsive. irements as noni- 5. AD ENDA N VERBAL IN ER R A N ET '0 S 'plans, ans 00 V T P T y r relative t d A� 0 inquiries b Bi Bidders interpretation or other Bidding Documents will answered verbally. I , Specificafions, Special Provisions, unwilling !Ili g to comply w t on orm rrequirements e uir m ts of t If any prospective Bidder is unable or nwn I h a more q e an he Idso iorm e oar of public �Jcors in writing. 9 . U bidding document, such Bidder should inform the d b n consideration ill i !Pon receipt of such information, 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 PRnEr)-qALS CONTAINING ALTERATION ERASURES INCO BIBS 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 totallingof 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 DISCQgNTS A. Trade discounts shall not be shown separately', but shall be incorporated in the Bill unit price, unless otherwise specified. YEHICLE 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 labelled one 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. The Board may reject any bid that does not conform to these requirements, as non- responsive. 110. TAX EXEMPTIONS A. The City W:Booth l5end 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. 11- 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. 12. ESCALATOR OR iroNTINGENT 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. 13, 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. 14. AWARD — WAIVER OF TECHNICALITIES A, The Award of Bid, if any award be made, will be made within sixty (,610) 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. 15. 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. M. BIDDER 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, 17. PURCHASE ORDER A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 18. NEW MAISILLFACTURE A. Unless otherwise specified) in the Invitation to, Bid, the items offered shall all be new and the latest model of manufacture. 19. 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. 20. 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, 21. 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. i . All items rejected must be removed immediately by the Contractor at the expense of the Contractor.. If the Contractor fails or refuse's to, remove the rejected items, they may be sold by the City of South Bend. C. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Cate, 22. A SICiNOvIFp►pTS 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. 23, 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. 24. DED 1JCTION OF DAMAGES A, If the City cancels the con #ra; t 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. 25. METHOD OF INS ICING FOR PAYIME iT A, Contractor shall bill the City of South Bend t. 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 good's 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. 26. 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. 27. ESTIMATED? QUA IITIES 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 passible, restrict decreases to twenty percent (20%) of the estimated quantity. 28. 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 jutifying 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. 29. IN" 03 MNIFICATIaN' CLAUSE A. The Contractor agrees to indemnify, defend, and hold harmless the City of South Bend, its agents, officers, and employees fromi all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or ou# 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 each 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 ripening time and date, 1316 C."OUNly-0. I ry 13MLINN6 227 W. JEFFERSON FkA)LINARD SOUTH BEND. INDIANA 46601-1830 PHONF 574/ 235-9251 FAN' 574/ 235-9171 TDD 574/ 235-5567 CITY (*`S(Xrr� I BFND 1`1� ' MAYOR, AS ' OF PUBLIC WORKS Date: April 13, 2020 To: All Planho­ld­ers����� -r— -- - Linda ivi. Martin, Clerk, Board of Works 'v' 'v' Clerk, Public� Subject Addendum Number: Project Name: Water Treatment Chemicals 2020-2024 Project Number: N/A RCKNOWLEDGEMENT OF RECEIPT OF ADDENDUM Date Received: This addendum is being forwarded to you for the above referenced project. Please sign below and acknowledge receipt of this Addendum by faxing this sheet to the Board of Public Works at (574) 2,35-9171 within 48 hours of receipt. A copy MVST also be included with your it package upon submittal. THIS ADDENDUM MAY AFFECT YOUR BID. Notes: The attached documents are hereby added to the Specifications and Contract Documents and become a part of herein. Company: N Authorized Signature: ��Zwl Version 4/2/2015