Bid Opening - Refuse & Yard Waste Bins - Toter LLC

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BUILT FOR EXTREMES" Toter, LLC's Response — City of South Bend Bid for Six Thousand (6,000) More or Less Universal/Nestable Refuse and Yard Waste Containers TOTER'S EXCEPTIONS ✓ EXCEPTION: QUANTITY PRICING: 6,000 more or less 96 gallon or 45/48 gallon in combination containers over a 24 month period. Vendor to guarantee pricing for a 24 month period from date of bid award. A supply chain disruption or other inflation related expenses will not be grounds for charging a higher price than bid. As indicated in our "Notes to Pricing", the market and actual costs of manufacturing carts continue to be volatile through time, not allowing pricing to be held firm beyond 90 contract calendar days (or 3 months) at a time. It is Toter's policy to utilize price adjustments to prevent penalizing the City with high pricing which would be set to offset non -predictable fluctuations through time. With our proposed Price Adjustments procedure, we can keep our pricing fair for both the City and Toter. Please refer to our Price Adjustments page in our Bid. ✓ EXCEPTION: CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NOW DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS. Item #7, third paragraph, 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). 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. Toter, LLC understands the above stipulation, but Toter is not compliant with this requirement due to the exorbitant cost that would have been required to include U.S. Steel components: • Stop Bar to fit both Models 79296 and 79248 bid herein —Part Number 5945-20-GALV —U.S. Steel components increase in cost by 560%. • Axle to fit Model79296 bid herein — Part Number 5647-MP-ZINC— U.S. Steel components increase in cost by 560%. • Axle to fit Model 79248 bid herein — Part Number 5643-MP-ZINC — U.S. Steel components increase in cost by 560%.