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HomeMy WebLinkAboutOpening of Bids - Water Treatment Chemicals 2021-2022 - Chemical Services, Inc.NOTICE TO BIDDERS Notice is hereby given that the City of South Bored, Indiana, Board of PtAbiic Works will recnive sealed etectrcnic Responses at I pwbidsCa50uthbendin.qov until 9:04 a.ny_, EST. on April 13, 2021 for the fcl[owing: Water Treatment Chemicals fi t-2022 Specifications are available for downfna{] by visiting The City of South Bend's web Me at rr _sauthUendiri.gnv: Glick ort "Iran Looking For" x Glick ori''1?okng Business in South fiend' N Click Orr "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 speoffic bid you are rnforested in. Failure to do so could reader your bid non -responsive to the specifications_ Thcrc is no change for 4he specitications_ The specifications are also available for review only during regular working flours in the Department or PubJic VVorks, Ste_ 1316, County -City Building. 227 W. Jefferson Blvd., South Bend. Indiana 46601_ Bids rereivod affrr 9:00AM: Local Ttrna. on April 13, 2021, will be rewmed unopened. Bids must be on the City of South fiend BidlProposal form provided, which includes a felon -Debarment Affidavit, Non -Discrimination Cam form, and a Non-C ollrabion Affidavit Form. Certified Check or Bid Band in the amount of not less than 10 roast be submitted with the birf_ A felfu rid of the bid mooiirity will be issued upon sattsfactton of Bid Award_ The Board reserves the right to reject any or all bids or to accept a fu11 or partial award of the bid or bids which, in its judgement, will be Lo the best interests or the City of South Bend_ If the Board filects to award the base bid plus an aiternate(s), the Board will look at the totality of the cosi when determining the lowest, most responsible bid_ The Board may reject any bid that does not conform 10 these requimmOnls �i5 non -responsive. The Board reserves the right to rejecA any or all bids or to arrept a fu11 or partial award of the bid or bids which, in its judgmont, will bo to the best intcrc.•st cf the City of South Bond. BOARD OF PUBLIC WORKS Anne Fuett-;, CflorlC Publish two times: March 2% 2021 April 5, 2021 CITY OF SOUTH BEND INL1IANA SELLER'S BID FOR SALE OR LEASE OF MATERIAL BID NAME Water Treatment Chemicals 2021-2022 _ FOR BIDS DUE April 13, 2021, 9.00 AM, LocaI Time Date: 4: 12/2021 Address: 5727 l ud a stria l load Bidder { irnl}- Cht rwjcal Service Inc_ city+l tatel7# Fort Wayrie, IN .40825 Telephone Numhr?r_ (260 ) 4464536 Agent of Bidder {if Applicable): Tricks Kris«t�usi-k>rmntirl c fri c,}tt>t� roup_c rlxl fflu x lhd- Provpeclive Cirrrlrartrxr L re,rrrl;fe 141,1 c'erjiA' cn �JI �' rrj Jfir .eX#rrearrrlls hetaw, i1 shuf! attach an ['_tPideluainu fu this rI jfidfjry r, 'COOT AC'TOR'S N0N-('I11,LU,S[ON AND NON-E)[?IiARME -i' A FFIDAVIT, CERTIFICATION REGARDING INVLS-1'MEN'1'WIT11 iRAN, EMPI.C3-VMENT ELIGIBILITY VERI1=i['ATiON, NON-DISC'Rin'>rINATION (:OMMITMENT AND C'ERTIFIC'ATION OF UST; OF 1 J N I T E D STATES STEE1, I'RO1)UUPS 0R F(}11N DRY PRODUCTS (M+ N-t be cornplcled fear .Ell gtiote,� kind bads. P1easL� Iypc or Taint) STAn of Indiana J } SS: Allen C'Ot;iNTY } T11C undrrxigned COW ractor, beiot duly',W(11-1l upon hip l)cri ii.-4 sk:rll1, ;l(filE- }% IIn[i('r tlIe p;�rtaItic-, of PCI jury that. I . COT] Li"r1Ct0F 11.1ti not, I]OI' 1],1S imy 0Lht;i' mil r her, representative., or aguit of tht firm. 0011111all , corpuralioii use partnu,hip represenlcd by 11im, entered ij11ca ariy conibinatiorl, col lusion or ijgvixi11cr t w 1 E h alry person cc] ativLc to Elie pricc to he hid by anyone .It tins' Iciling nor to provent any pt trm)n from bidding nor to i n(ILIcc itll}ri1r1L' tO refrain IrOM bidding, wid 1hat this bid k made withow rcfl:rcncc to any clther bid alld Without ally aucement, undemtaodin�i or coanhination with any other pen un in rcfi rc: lcx; to such bidding_ Cont racIor further says that iit) pent o or per ons, firms, or corporation has, h.)vc or will receive direclly i>r indirectiv_ any rcb, tt, 1':c:, gift, cotinmisc;ion or th1rig oi'value on accouiit of ,,iIch -,,I I e, {Intl 2, C 0111MCtur c ci-1.1I Iu* by sut7mixLnln of this propw ul khat nt ither contracluI, Iiou aEly of its principals are presently debarred, ,uLgpcn&d, Irrc puled for dc$trrntcrrt. dcckired incli4)ibIV. OF V01Lifitz11-1ly c.Xcluded from pa rt i ci rat Ion In this Inass wiioil by an .reeleraI department or agency, and 3_ C'l}I tvaoor ltas not, liar has irly+ assessor to. ri or rlrl a1111i;ite of, Contractor, engaged in investment activities In Iran_ a. I` or perrtruss uJ tFlls14i1 ical1«n. •`ti:ill" liltnx theclvwr'ptltterlt offraiIrlcl ssrry agency ire ins;Inlm�_ni{ility If ir;lrl, oi` a ()lhLrwiu. defined It fnd. Code 5-2-Ir's_5-5, as; amended I roan timl -to-f vn . ko_ As provided by hid_ Uode ti 5-22-10_5-9_ Lis Limencfcd f om ti1nC-ta-tillX� :t C'tmtrlctl�r i%%:ilga ud I11111vcsiiiient -.wlPv-Ft 1cti Ili Ilan II'ciIIkL:r: C'coutr tc(or, its "ucceswur or it* affiiI isle. provides gaodL4 or L ervicc% ol'iwL!111-y Ifailliuii doIlar, {$ 0,WO,000) or 11101-C i I I VUIUV in the energy ucLtPr L,�Ir{In: or 11_ ( 'OTIIr:LCiLW- FN SLICCC-;L tIF Or LLs a11l1 ime, IL, a 111111ncial in,.Iii(it joil Iliat exty. lidF, twenty nmiIIIon Itoflar� ( "-'iM, M10,000) k)r Envrt ir1 crcr.Irl to :lnut ht:r pcL-son for �i>rly-li�c (45) dovN or ilim-L', iC111L1t pen on will ( i ) uL,c [lie crcciil to provides goods and uwrviLc;; In the L�iri-g�y gcetur 111 Iran, and (ii) at the. time the l PF1MIC[aI IFIMPIU1i(111 UNICFLd,, ur"Jii. is a person i(Imtilicd Lin list pubiiI ed by E11c fndi;uMa Fk-p-W1111C11I of Admirlkw.ition_ 4. C.unEracIur docs trot knowingly cniploy or coiitraci with tin unauthorizL d alien, nor retain any l'.t11Ployete or coiltraO whit :i ptm: ,op that the C'oiitractor mbsequcntly learns is an unauthorized a]ien, Contractor tge-cs that helshel'it ;hall enroI1 in and vc-rify the work e.ligihility status of .111 of 031111-actov's newly hircxf ernployc�w flkrokl�h th h-Verily I'roLvarn as del incd by i C. 22-5-1.7-3. C omrac:tor's documcntatton of cure}limen1 and part icipat i«n i r i the E-Verify Pro grain is inc Iudcd and :tttae.hcd as part t I f this bidAltkoti ; and Contractor Oall requh hisfher/its seibcontnictors performing work under this public contract to cc:rtify that the SUbcontrcr.ctnrs do riot knowiiigly emplov or con tnict w II h an tmauthorized align, nor retain any ernplovee or contt-act with a pctSotx that the subcontractor subs cq kill ii(Iv learExs is an t1nam-horizod aIim wid that thtc su bcon trac (or him cnrolIcd rn and L4 p.Lrriclpat ing In the V..-Verify Pr€grain_ The C ontractor agrees to maintain this CC11I Ecatiull tIir4}ta01(1ut 01L~ Ic:m1 oV (lit: cooli icI w ilYl 11w C'ily oI' South Bend and undermand-, that Lhc City may tc:rknivate the contnicl l or dc1hull if the Contractor fails to cure a breach LX this provision no Liter tharl thirty (30) days alter bcing notilied by the city- 6- Persons, parinwrshipts, corporations. WAOCialions, car joinE venlurcrs mvardcd a contract by the City ol'South Bond thrcough its agcncics, boards, or conimismons shall not discri'miiiate against any cinpiovL:c or applicant for i,m loyment in the performance of a City Copiti M With respccl to hirL,, tcrnlrc, M-rns, Conditions, or privileges of employrmo nt. or any maticr directly ur jadircutIv felawd to el11P1ovmerrt lxc`catiso oI-nee. sox, reIigioll, cc}hor, national origin, arocostry, age_ l ]1Ller e pr ssi In. titik{Ic r iLl ntity. scxu al Oi`LCCitBtioll or disabi I ity it at does next affect that permm} g abIIIty it) perform the work_ in awarding. contracts for Ihir ptLTchase of work, labor, services, supp]ie�, equipment, materials., or any + ombinalion oC klic torcgoint Mulucling but not 11mitcd lv1 public wort s contracts award 1.1111 t PUblic bidding laws or other contract,; in which public bids are not rcqiri1-ed by law. the City, its agencies, hoards_ or CoT11111-PSSI M 111,RY collmder the C'offlraf.A or's gtwd litlth cl [OrLs to obtain 1}Emicipation by those C mitrlctors cmif cd by the State or Indiana as a Minority BUL incn� (' NIBE") or as a i1iI cn'4 Rusin4_�s Enlerprise (" 4'13F,") us a factLrr in deter -mining ihL, lowcst, responsible. FLLS 0W'-;X hidd 1.. In no �:vvnt shall Or Enfitw.s sLekinti LhL; award rrf it ('it-y comnact lac required to : yard ;5 ~cubcollirac;( to Un N-1111 WBF' . 11-0NYCVCY, it I11ily 1101 U 111 iLW fitl I disc 6i11i1iaic against waicl WFE/MRt_. A finding cal' it discri-wMatory prachcc by tllc City's t 1BIr'./WIIE 1, J t i I i zat i on Board shall prohibit that pereon or enfity frow I)eir}� ;iwurdk d a City contract ft}I- a pL:riucl fII' C1T1L; 1 vc'.kr ii-atnk Ilkc- dji[ c or kiuh doc-rrnination, and mch. determination may al:co he "NLUKIN li)r toiimi11;1t111, the coilwt'I lirr which the diwcriminaLury prac~ti�x or noncompliance 1-pertains. 7. The undersigned contractor agrees that the following no ndisc.rinliiiation eommztmeni sll;lfl be rllit(le a Part of my con �raci which it may henceforth Oil (Cl- 11Ll0 Wi111 the ('It}' Of 4011.1h l C'llol, 1n{1ia1121 or any (if its 8 c'11C1Lti, h(]aril oti' C 17i1�1t$St{7t14. C.01111-ac for agrL N rtut to 4iiscriinInatc agaiiiiI or IntlinidiW an-Y etltl-Iloyce oi- app] ican I ]br cnipl(}3,+'nicnt in the perti?Plane, of thk i cmitrao with privilgw,., cil' C'll'Iploynnctit, or any matter directl}+ or inclirectly re litteci to ctnplc}yrnel3t, because of rt�cc. rciigion, Color, sex, gender expressloul- gender identity, wxual orienLation, handicap, national origin or ancc try. Breach of lhk pr€tivEsioll m-Liy he r� arded as matcrial hreach ot-conti-act. 1, illc undcrsigncd bidder or agmA as C:OIAI'aC'tU1' Oil a pLlbllc work-N prCiJ'ccl, LL11l1C;i"hand lily statutory obligations to fhe use oI' sLccl pruducts or foundry producLs niade in the Unitt!d States 11.C- S-l6-9-1). I hereby ccrtify that I and a]I scibcolltracu}rs kntplov(A by MC: for this project will use steel pror!>.[cts or foundry produm, nude in the �J,xitcd St'Ites oft (ltis project if awardiA. I undermnd I haw an afl•irtlnative duty to notify Ilie City iii my bid that my proposal does not include the rise of steel proTductx or foundry products 1i adcC in the Unitcd States, I LLJId01'LL;GInd it is my sole obligitian and responsibility to provide a j LINt i 11Ciltik)Il tip the. (.' ity, suf)9jcct to fevilew and a flroval, why the cost o f I J n1ted States niacle. sttu;l Or 16LEr dI ,V prudt,cts i5 ullreasombic- Prior to i and and tipon suhl-nlsslon of bid wh1ch dOCS r10E use steel ff0duct;Q or foundry prodttrts ti-tadc €n thLe l_J1i ited States. the City, throughitsdircctorOfpublicworks,AaiIHulceadel cniiI'Tt;kti(,TIif`Ihepricca,!' Inikcd S IaI s made steel or foundry ti wire tumble- I ur1dur,,lalld that vicllallons lu'rcundcr [flay rmmlt in forfeiture of contractual payinenis- d+d I liereby amp In derm, : ma n[ FJ- t Lry I h.1the mds and mI ma%n CO wLlH�dA mL' rf If A qt ! H » _,&warete (! kn4 q,r d. DaFdA&!>If' � ,02I Apt. ' - c6m E Contractor., -I f1 g .ice mar o[` , ,�d� m Its Agent Printedmeum' w� w _dam om Q km» m&.I� day oI-Are ,2 N}Comm in Ijla / / D / . vame- (I Cnj,v — mf,-eri�D No r Public COU >Qr1Cw2owe Mm _w « % K A■DERLIE ¥ o %,_Fv Pubft, State «I_han. am6s Exoirur •February 11.2028 . M ��. BID/PROPOSAL CITY OF SOUTH BEND °. . BID NAME WkrrTreatment Chemicals 21-22 _ FOR BIDS DUE April 13, 2021 ; 9:00 a.m., Local Ti me Item Est.gty. Item Units Una PrTce Total No. Pie�r Year 1 150 Clib�� - IT C ind m �� Ton $ $ 2 140 ERA 8v- 150 L6 Cyhnder C/ $ $ 8 gO; A00 FrrlicChloride Gd_ Gai $ $ HcedQQdC4cid -2]« 4 13,000 Price Below 1\ gallons Pr| cr, Above 1943�llons $ $ Potum N n�n{�a� m-55LEI5lw Q Ebs- 5 ],BOO B 22.500 P m o.,;ph e sequestrant Agent Lb% S $ Z 100 SultFDi ids | Ton C inders Ton $ $ 8 403DO Dryi \mom H |e w- 50/551-R Lbs \et,y ?o& Bag L ud C/dmm N|a�e $ $ &. 9 25,000 _... Gal- $ .. _ , 4 g_uw $ d] u ni T I ypoch |oi te -l 3" 10 62J00 Price Below I ROO ga |bn. %»uQ . e «Im & Rd cv A bu vc 1K,(0ga |»n � !mw $ mim | - an�� t Gal. ]� �400 Gal- $ 4 Sodium rmr ac 12 250 §0O<;E| BU|k $1 L+ £ $! ]a l]OO S� Q» R� 2 G,] Tole Gal $ $ F I i i TOTAL j $ Bidder (Firm),. Chemical scrVice.5,1110 . Address: 5727 lndtwtial Road Ci b!e3% Fort W n N 46925 Telephone NumE 76(�- 44 4556 BOARD OF PUBLIC WORKS Elizabeth M gad\ Pride m \ A. GHd,Mlm r Jordan V. Gmh-q __ F x Numb r By . (Signature) Er k Eu ¥,± Ai@d 142 m@ &a|m (TA) o�,eA Molnar, Member AI RAnne Fuchs. Clerk CITY 'OF SOUTH BEND INSTRUCTIONS TO BIDDERS _ lH4 BlU FORMS AND EXECUTION A_ Bidders are expected to examine the Drawin95, Specificationq. Proposal and all Instructions, Failure to do so will be aL the Bidder's risk B_ Eoch Bidder shall furnish all information rcquired by the Notice, Iiislruc.tlons to Bidders and Sped 5cations. Bid-, rnus( be made on the form provided. The Bidder shall sign the Proposal end Non -Collusion Affidavit, whiv1i is a part of the provided form, where indicated, provide a notary signature ) n d pfOvide all other information "hired C_ The Bidder shall z5i9rr the Propm} a in the following mar1Fier; If i" Proposal is male by an individual_ hisiher name and post office address must shown. If crude by a partnership of joint venture, the narne and pit office address of each morrit)er of the partnership or joint venture must be shown_ if made by a corporation, the Prppi)5al must be signed by art oFficef of the corpora ion or by a representative duly authorized by the corpar4ition to execute the Proposal in its behalf_ 2_ SEALED SIDS ONLY A_ The Uity of Soutil fknd, IiidMiiu, licrurei cif Ilk lhlit Works kv01 r4CCivc �woIed elecirooic Rkniponu� a[ I+r)OILd "'!f."'NO IrIibcndill 0141 _ B "Bid for computer Equipment," "Sid for Front End Loader," or "Bid for Office Supplies." hen samples are required, such samples shall be deliver€:d or shipped at the bidder's expense to the address 5pacEhed in the invitation to Bid. Samples must be shippe,�I separately from bid documents and labeled dearly with tlae Biddi-6; name, address and the commodity or equip men L classifications and documents, tho item (and item number, if any). and Material Safety Bata Sheets (if applicable) Aft samples must be representative of the cornrnodilies or egijiprnent vuhMch wiii be supplied by the successful Bidder_ All samples will became the property of the Crty of ouih Bend and none Milll be returned, unless otherwise stated in the Specifications- D. In the event of are irleowsislency between provisions of thn rontroct documents, the inoomsistericy shall be ri�solycd by giving precedence in IIte following order -- ORDER OF PRECEDENCE A. Sid Form aVoched Proposal B_ Anlendmerttx to Spedfi ations C. Specifications D Special Provision E. Instructions to Bidders F. NDtire to Bidders DELIVERY OF BIDS The City of SoutiiBend. Indiana, Board or PLChiic: vrk� will receive sealed electronic - AD DEN DA — NO VERBAL INTERPRETATION A. No Inqulnes by Bidders relative to InterpretatloF1 Of PLIM-1, Specifications. Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Birldr-r is unable or unwilling Lv comply with one or more requirernents of the bidding document, such Bidder shovId ;o inform the Board of Public Works in writing_ Upcan rec€:ipl of such information, rnnsideration will be given to Me advisability of issuing an Addendurn which would thefeupui1 become applicable to all Bidders, Any such ingrliry must ire ajbrniiled at Ieast seven (7) days prior to the bid opening date in order to give the Beard Suffieiont trrnc to oonsrder any necessary Addendum. Ali answers to sud: inquiries, in the farm of Addenda, will be furnished to all prospective Bidders who have regiskefed with the City_ All Bidders are required to acknowledge mceipt of any Addenda by inserlirrg the Addendum 41umber and L+ie issui'rg date on cxccutod Proposals- 6- RF„1FC;TIOPl —F PR'OPC SAL.S CONTAINING A LTERATION, ERASURES, INCOMPLET, E BIDS AND ETC. A. Prs�posals shall be rejected iF they sf7r v ariy alteration of fOrne, additions n01 cojled for, conditional or alternate bids (oxcept when artd insofar n.q are invited), incomplete bins. eraSureq or irregularities of any kirnds_ B. All blank spaces for bid priCcS rr'rur>t be filled in, in ink, with the unit orrice and total price for each item (This does not apply it) divisible bids}_ In case of incorrect Lota4ng of aniounts and where: the unit price acid the extension thereof do not agroc, tho unit price for each item shall govorn, and the City is authorized to correct all erroneous exterssian and tritalt for Ihp purpose Of €;cxnpHrirtg bids. TRADE DISCOUNTS A_ Trade discounts uhall riot ire shown separate]y, but. shall be incorporated in the Bidder's unit price, unlr?ss otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, Mat the, bid submitted fof each vehir;le is delivered ir1 a separate. sealed envelope, by vehicle, y+nth the enveloW. clearly Inbeled on Bidders may bid on one (1) or more vahinles, prenrided however, that the bid SubmiI IPd for Patti vehicle is delivered iri a separate, sealed envelope, by vehicle, with the envelope GIcardy labeled on the outside as to the specific vehicles for which tha bid is being L-ubooritte[k. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one ('I } bid bond equal to 90% of the combined total of cell veliicle bids submitted_ The Board may reject any bid that does riot conform to these requirements as non- responsive - TAX EXEMPTIONS A. The City of South Bernd is exempt Fr[irri Ilie payment of federal excise and transportation taxes levied under the provision of the Irnternal revenue Code_ It is also exempt tram the indiarna State Gross retail 1 ax (sales tax), The City will Furnish the successful Bidder with any certificate of exemptiort requited, 1 l_ iTHI)RAWAI (P- BIDS A_ Withdrawal of bids will be allowed only in those cases in which a written request it] wi0ldraw a bid is received by the Board cif Public Works prior to the date arO hour for receivinoo arrd aperting I>' &. iri such cases_ the same will be returned to Bidder unopened_ ESCALATOR OR CONTINGENT CLAUSES A_ The use of escalator clauses or other cvntingp�fil clauses by the Bidder ns prohibited, unless requested or perrnilir-d by the InvRtation to Bid, No Proposal shall contain nor be accompanied by any writing purporting to Iirnit or qualify the tty's right to ac pt �5ucll Proposal pr pufportirng to alter such Proposal or any Contract which may be executed pursuant therelo- 13_ PRICES MUST BE DELIVERED PRICES A. This hid price price shall be a delivered pri0f - All materials shall be shipped F,0.B_ d"tiriation as specified in the Invitation to Bid_ No keel surcharged nrcopted. 14. AWARD — VVAIVER ()F TECH I ALITII=S, A_ The Award of Bid, I any award be made, will be made within sixty (60) calendar days aReo the opening of Proposals to the lamest r€-spo osihle and responsive Sidcdet who's Proposal complies with all the requireenenIs prescribed, oxclusivu of technicalities waived_ Until the fir4 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 AWARD&VIVISIBLE BIDS A. bids will he awardt%d ori, the basis of the total doli it amount for all items iri the F'ro;x)sal unless the bid Is descfibod by [lie City as a Divisible Bid_ The City may award a Divisible Bid to thn, lowest resppRlsible and responsive Bidder For each item or class of items as indicated in the bid documents, BIDDFIR QUALIFICATION A- The City m8y require any Bidder to submil evidence of qualifications, and may consider any evidence of the financial, technical, and other quoiialcaLions and abilif os of the Bidder- The City will not award a Contract to a Bidder who- in its opinion, is not fully qualified on tlto bisis of financial resources and responsibility_ Possession of adequate equipmenL, porsonnel, experience. and past record of performance to perform t#ia obligations to be undertaken competently and without delay. l7- PtjRCHASE ORDEP A. A Purchase Order w€II be issued to the successful Bidder after formal acceptance of the bid is made by the City. I X. NEW MAN 0FACTURE A- Unless otherwise specified in the Invitation to Bid, the itF:rns offered shall all be new and the late;.[ moclel of mwiufacture- ]a. SOURCE OF SUPPLY A. If thG Bidder is oat a rnanUf�)Ourer, the source of supply must be shown and all sub- curfirac:turs must be identified. 20. PACKAGING A- All iterns shalt be delivered strongly pjcktd and marked according to anreplPd commercial practice unless otherwise directed in Lhe Spetuifii;ations. No charge shall be made For Containers and the City shall have no obiigatbri to return containers unless otherwise provided by the Specifications or Special Provisions- Any iteins not received in good condition will be rejected- _' I , INSPEQTION OF GOODS A- The City of Swath Berici reserves the rigtiI to inspeLuL and have any goods tested after delivery for compliance with fhe Npecil-ications. Notice of latent defects. wNGh would Make The item un51 For the purposo� for which they are required- may be 9ivan at any time within one year after discovery of the, defeats. B. All items rejected roust be removed immediate€y by the Contractor at the expense of the Contractor. €f the Contractor fails yr ref n es Lo remove the rejected items, they maybe snkf by the C4 of South Bend. C. The above provision shall not be construed in lirnil itions of any nghts the City may have under any laws inctudirrg the. Urdform Commercial Codo- ?' ASSIGNMENT A. No person to whore a Contract ha-i been awarded may OSSign his Interest in the Conliract without the consent, in writing, of the City- -; . CANCELLATION A The City ct South Berl reserves the right to raricel any orEtfact for failure or refusal of performance, fxaLld, deceit, mi�,rt-presentation, cclluslon. conspiracy, or arty other misconduct on thy; part of the Contractor -DEDUCTION OF €7AMACES A. If the fairy nancels the contract for any cause, it 51hall dPduc;t from whatever is owed the Contractor on die Contras nr orFy other Contract, arty amount suftideril to c,rampensate the City for any damages suffered by it because of the Contractor's wrop9doing- -5. METHOD OF INVOICING FOR PAYMENT A Contractor shall bilk the City of South Bend 1- On regular invo€ce form giving a complete and detailed description of the goads delivered. including purchase ordCr number- 2. If the Contractor allow,&. a dizwunt, the period of time in which the City must make payTTIent to qua Iify for the discounts shall be computed frerrr the date the City received the invoice (campfetely Miler out), or the date the goods are dolivcrcd and accepted, whichever may be later, and Shall riot be less than twenty (20) days. 3. II more than one shipment is made under the ConUact and on the same purs;haSU order, the City will make par lial payments on a basis that is agreeable to bohh parties_ 2(F_ OWNERSHIP OF GOODS A. The goods which are the subject of thy. C ontrar;t shall remain property of tho Contractpr until delivered to arld accepted by the City of South Bents_ 27_ ESTIMATED QUANTITIES A. If the quantity set forth in the Noti t: to Bidders and Pfaposal is approximate and rcpresents the estimated requirernertL_s of the City far a -,,pacified period of time, the unit prire and the extended total prim thti:!rrxof shall be used only as a basis for the evaluation of bids. The actuvl quantities necessary way be more or less than the estimate, but the City shall neither tPe obligated nor limited io any speLcihic arnount The City will_ rf at all possible, resMrt increases to twenty percent (20%) of the a :tirnated quantity and will, iF at all possible, restrict decreases to twenty percent (20 ) of the es imat0 quantity. tx_ TFRM `OFF EQUAL" A. Where the term "Off EQUAL" is used irk thf;se Specifications, the Bidder deviating from specified item shalt file with hislher bid a letter fully Cxplahning and justifying hisfhar pre used artide or equal. The City of South Bend shall be the sole judge in determining if the "Old EQUAL' offered meets the perdications_ 29_ INDEMNIFICATION CLAUSE A. The Contractor agrees to indemnify, defend _ and hold harmless the City of S-Outh Bend, its agents, offaco s, and employees from all costs, losses, rlairns and stjits, including court costs, -ittomey foes, and ether expenses, arising trom or out of the negligent performance of this Contract by tho Bidder or bccziusc or arising out of any defect in the quLwJs, rriaterialy or eyuiprnerit sLip plied by the Bidder_ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Chemical Services Inc. 2600 Thunderhawk Court, Dayton, OH 45414 as Principal; hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square Hartford CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of South Bend 227 West Jefferson Blvd„ Suite 1316, South Bend. IN 46601 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water Treatment Chemicals 2021-2022 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. Signed and sealed this 12th day of April , 2021 r'.hamiral qan/irate Inr` (Tine) Ili, ; �, $ Travelers Casualty and Surety Company of America t HAMTOpt)"._ (Surety) (Seat) / L a € CONN. 121 (Witness) „, ffill "``� Attomey4n-Fact Susan A. Y&bzell u (Title) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INS`1'ITLT'E OF ARCHITEC7'S,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Travelers Casualty and Surety Company of America Al1W Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Susan A. Yeazell of Cincinnati, OH , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, including the following bond: Surety Bond No.: Bid Bond Principal: Chemical Services, Inc. OR Obligee: City of South Bend Project Description: Water Treatment Chemicals 2021-2022 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 6th day of May, 2019. +• ° .`� it of opPO�e. a nr iLv C=-AAa i 19 S.�2O & State of Connecticut By: 4bert L. Raney4genir Vice President City of Hartford ss. On this the 6th day of May, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior, Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 P' Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 12th day of April, 2021. nxsu, ee�- cd.Y iCAt x cAl 198 ; evin E. Hughes, Assis ant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached.