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HomeMy WebLinkAboutQuote Opening - Replacement LED Luminaires Project No. 116-086 - All Phase ElectricQUOTE NAME FOR QUOTES DUE Date: Zs=� Firm: Address: City/State/Zip:'S as L�� Telephone Number. 514 Agent of Firm (if Applicable): Diem the prospective Contractor is tillable to certify to any of the statements belmp, it shall athrelt as explanation to this Aff ttavil. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH RUN, EMPLOYMENT ELIGIBILTTY 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 OFµZ/ 6k ) JE7 ) SS: 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 fiom 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 (ran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-I6.5-5, as amended froni time -to -time. Version 8 — 02/25/14 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 though 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 arc not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contactors 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. Version 8 — 02/25/14 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). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products on this project if awarded. 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 oi% 20_L Subscribed and sworn to before me this A My Commission Expires '1-13,ao-2-1 County of Residence Au- i9Uksf--- Contrac or/Bidder (Finn) Signatur6 of C rtractor/Bidder or Its Agent /4,9p tr r&M IeWT506 5( F 15- Printed Narhe and Title day of sij7f. 20 )�' Notary Public Version 8 — 02/25/14 (To be completed only by Contractors/8idders claiming to be a "local Indiana business" pursuant to I.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 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 purchase_ expected by the purchasing agency to beat least $100,000. Date: 9-2 &- ,Zn/rs Pursuant to I.C. 36-1-12-22, 44-1- Pd ASCE L`L.r=Critic- r<Iclaims a local Indiana business preference for Project' Lh tarA ArQFS(P4, ', )located within the City of South Bend, St. Joseph ounty, Indiana. The location of the principal place of business is 13L4;'!v( 8F/ iX bQ SVt O, 7 rf, quE Zf3 (Address) T— St. Joseph County, Indiana 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. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITYNUMBERS. Dated this Zt:, day of 5�---p - , 20_L.(0 LL "Til Contr o or/Bidder (Firm) Slgfiature of ntractor/Bidder or Its Agent 1q,Q)e- i/T<k �C�✓T—Si Printed Nafne and Title Version 8 - 02/25/14 SPECIFICATIONS CITY OF SOUTH BEND QUOTE NAME Replacement LED Luminaires Project 116-086 FOR QUOTES DUE September 27, 2016 by 9:30 a.m. Pursuant to notices given, the undersigned offers Quote(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. A. General Description The City of South Bend intends on replacing the existing street light fixtures with their own forces. The majority of the existing street lights are sterner EXEC-RT21-200-HPS-3S-120-C-10-N-FL-DBZ mounted on a 9-inch mast arm to square pole that has an effective mounting height of 30 feet. The existing poles can withstand a wind load up to 80 miles per hour plus a 1.3 gust factor. The existing lightfixtures are attached to the existing poles by two'/2-inch diameter bolts that are vertically separated by 3 inches center to center and between the two bolts there is a'/ -inch diameter wire hole that is in line with the bolts vertically. The existing poles, wiring, controls and 120 or 277 volt services will be reused. A. Luminaire Specification The luminaire shall be an LED shoe box like fixture, multi -volt and produce photometric foot print at 30 foot mounting height with Type 3 distribution equal to or better than the existing 299 watt HPS fixtures. The intent is to light the roadway forward of the fixture and not behind the fixture. The new fixtures shall be dark bronze to match the existing poles. The LED color temperature shall be 4,000K and the current driver shall be 700 mA. The luminaire will have a manufacturer's warranty of five years. The fixture must be capable of mounting to the existing poles using the existing bolt pattern and wire hole. There will be no drilling of the existing poles to accommodate a new bolt pattern or wire hole. The luminaire supplier shall furnish a mounting bracket and arm (if required by the luminaire) with each luminaire and payment for the bracket and arm are to be included in the unit cost of the luminaire. The acceptable luminaire is Lithonia Lighting DSX 1-LED-60C-700.40K-T3M-MBOLT-SPA-DDBXD with the mounting bracket Lithonia Lighting — SPUMBA and hardware. The luminaire shall be delivered to: City of South Bend Bureau of Traffic & Lighting 731 S. Lafayette Street South Bend IN 46601 B. Method of Payment The luminaire will be paid by the unit price for each unit furnished and shall include the mounting bracket, all necessary hardware needed to mount the fixture to the existing pole and delivery costs. Version 8 — 02/25/14 QUOTE NAME FOR QUOTES DUE QUOTE/PROPOSAL CITY OF SOUTH BEND LED Luminaires Project 116-086 a.m. Item Est. Total No. Qty. Item Unit Price Roadway LED Luminaire with 1 50 existing pole adaptor and $ tx hardware ��QQ C UC3 $ Quoter (Firm): ALL Pi-t/.Se 1:f EGTr2l L '5UPP'Y Address: 1 la, o2oa:�- /V,-r)&1\J City/State/Zip: Telephone Number:5W-7-97-2,zjk e2 Fax Number: 574-2—tz--zt 9 j By .z — �t (Signature) (Printed Name) (Title) BOARD OF PUBLIC WORKS Gary A. Gilot, President David P. Relos, Member James Mueller, Member Elizabeth M. Maradik, Member rherese J. Dorau, Member ATTEST: Linda M. Martin, Clerk Version 8 - 02/25/14 D-Series Size 1 LED Area Luminaire to iaiglilirig n9a". facts na.mv Specifications EPA: 1.01 fe InDimd � Oy w Length: 33" Width: 13" 11" raJ Haight: (Waal _..__.-- F Weight 271bis H (max): (1uio >/ DSXitfO 60C i, 01 LED Forward optics 30C 300s(amenglnd 40C 40PI)sUmiengines) 60C 60Lffhttwwtngbes) Rotated optics' 6CC 60tiOs Uivoeoghm) 700 40K 530 530rnA 70D 70UmA 1000 1000mA (I Ap 30K 3000K 40K 4000K SOK 5000K AMBPC Amber pirmphar Shippedinstalled PER UNA nvmtalk ter PiRadiai conmisje PIERS Eve-meecemak onlyOmgonlmis) in PFR7 Strcn-woe receptacronly(ma (Midi)*+ DMG 0-IOVdim Ming dm'er(no would II OCR Dlmmztieano mnoolIsbievia Ri hulonsmW" DS DualaAuhmg''" PIP B-If d nBAWimbieaunsor,8-15-momlirgliniambient semorenabled idSk° PION DRVaL,modem iacookie mnter,, 15-3a'crinar ttiambkmselisaeDabidatSic " PIRIFC3V p level otdon/allaisensa.415'mounMgheght,amtimes sew enabled at IIc Controls & Shields A atlint.SlU Poaaee-$A MRi lnck(r16ai7Y5° 3 F Ut144]f i.5tUl1U eCaadi-SSLIrA441¢xWM" 4 an g 01148011.5 But Notion -SSI tMs41axiam s Dinner SaeU SxaMgap" a n^ DSn I11f3aU Ilamfidefil¢WfaJO lmunt" R. wills 4oru Ileutt-lore 1hdd1a40tfDVM" 7 U DSAIIISWU NwutidefM1leMfa60 Mark" a QPa.4M000tDU' Sawreandmmdna'euai.eyl p rAUeODaMDU mevangNaderlspatyticlu nantmra-"ing hadnadyUw II IsperaYaroil' USAIBSU Maspibtt F.-, nmm cnrvnYvyobra waa r^, xtd %•...Era"Mn. FA at lYWO111l A ""MY7AlG 6lM6AHoDgK-4r Introduction The modern styling of the D-Series is striking yet unobtrusive - making a bold, progressive statement even as it blends seamlessly with its environment. The D-Series distills the benefits of the latest in LED technology into a high performance, high efficacy, long -life luminaire. The outstanding photometric performance results in sites with excellent uniformity, greater pole spacing and lower power density. It is ideal for replacing up to 750W metal halide in pedestrian and area lighting applications with typical energy savings of 65% and expected service life of over 100,000 hours. EXAMPLE: DSX1 LED 60C 1000 40K T3M MVQLT SPA DDBXD T31VI MVOLT SPUMBA MOD465 T75 Typelvhot 155 Typellsicai AVOLT' Shipped Included T25 Typeilshoa T5M TypeVaedium 120, SPA 5gaarepMemomung T1M lypellmedium TSW Typelivide 208' REA Round pole mlamull 135 typelllshoi BLC Baddlillt 240s WRA WAlbrar!et TV Typelffeeilum commas, 277' SPUMBA scram Pole unwemimoumingadaptor I nUd Typellintedium LEW Leh toner 347' RPUMBA Round pile manurialnlamdng adapmr TTTM Forward throw (aoffv 480' Shipped separately mchiam RCCO Right toter rnio" KMA8DDB%DU A4astannmamntng Lvacke:adaptor 15V5 (ypeYveryshat (sµnilifid )' DD13XD PIRHIFC3V 31-Maylro:loNamdeusenw, 15-30cmolm- Shipped Installed DDRXD Daldmm¢e big halghl,alnbkntsentoenaNedat lkn HS Houeskle solid '° DUN Uldtt 0130 Remaelserilthed Running, 30% 4 Ir Will Utilitytennbul block" DRAW Hautal aluminum R150 Ri-Mrel svAkheddimniny5D96'" SF 5inglefuse(120,277, DWHXD White PNMTDD3 Pan nlgla,dim 011 danan 347V1 a' ODBTXD lnweddarkbmnze P11i Nit night, dim 5 him -1 DP Double luse in 240, DiTeuard black PNMT603 Pa nigh) dim6hrs'a 4801 DNAT%D PNM17D3 Ammyhbdim7hrs" t90 LeOmtmadopdtt" a�mednaWnl FAO fleWadjusreblraopls„ R90 Rghtrotaledaprks" DWHGXD Tea'mredwhie 05 Beds*s" One Lithonle Way a Conyers, Georgia :M,1012 a Phone: 800.27V.8041 .. !.I O em 120lb Acuity Brand: tighliy, Inc. All nphts reserved, E Ans, 16ee laiiiutres NN 24P1or 400V. Dsxueo Re, On M Pays 1 orb $AVALcs4Ls 7 !� �Mvp �5J Round pole 4, 5, Pre -Installation when universal mounting bracket adapter is ordered as an accessory_: SQUARE POLE INSTRUCTIONS: a) ROUNDPOLEINSTRUCTIONS: a) Discard the following parts when received p Discardthefollowingpartswhenreceived bl with the fixture: • ® with the fixture:) • I .. � 0 a a) 3.1/2" flat bar stock with the 3 holes a a) 3.1/2° flat bar stock with the 3 holes b) Red bag with mounting block assembly .tec bl RPA-round pole adapter and the 2-2' bolts and washers b) c) Red bagwith mounting block assembly and the 2.2' bolts and washers illl Installation of the universal mounting bracket adapter (reference previous page for parts list): 1. Loosen the 4- 3/8" diameter by 1-1/4'stainless steel hex socket head screws(i) on the top and bottom pf the universal adapter cover plate assembly. Remove the universal pole adapter(3). 2. Remove the universal pole backing assembly (7) from the universal pole adapter (3) by loosening and removing the both of the 1-1/4' boll/washer assemblies WA, 60,6C). Set aside for reinstallation. 3. Slide one boll/washer assembly (BA, Ea, 6C) through the slot of the universal pole adapter (3) as shown in diagram above making sure the adjustable slide is accessible to slide it up or down in order to line up with the bottom hole of the current drilling of the pole. 4. Place the universal pole backing assembly (7) inside the pole aligning it with the drill pattern nn the pole. 5. Place the universal pole adapter (3) with the first bolt/washer assembly (6A, 80, 6C) combined (from step 3) on the outside of the pale (narrow portion of the adapter facing upwards). Thread the bolt/washer assembly through the top hole of pole and into the top threaded hole of the universal pole backing assembly (7), G. Position the slide on the universal pole backing assembly (7) in alignmentwith the bottom hole in the pole. 7. Slide the second bolt assembly through the universal pole adapter's slot (3), through the bottom hole of pole and screw into the threaded hole of the slide on the universal pole backing assembly (7). 8. Check plumb and level of the universal pole adapter (3) and secure bolts tightly. 9. Place the cover plate assembly (2), narrow portion of the plate facing upwards, over the universal pole adapter (3). 10. Retighten screws (1) on the top and bottom of the universal adapter cover plate assembly until adapter is secure to the pole. 11. Proceed to follow directions for fixture installation. Part Number: RJ521361 RevA Revision Date: 9/10113 CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS 1. 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 4. DELIVERY OF BIDS A. Bids must be delivered to the Office of the Board of Public Works, 131h Floor, County -City Building, Room 1316, 227 West Jefferson Boulevard, South Bend, Indiana 46601 (574) 235- 9251, by the time specified (local time) in the Notice to Bidders. If not delivered personally, the sealed envelope containing the Bid must be mailed to the following address: City of South Bend Clerk of the Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 B. The Post Office Department will be considered agent of the Bidder in delivering the Bid. The City will not be responsible for deliveries. Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. Version 8 — 02/25/14 D. The Board may reject any Bid that does not conform to these requirements as non- responsive. 5. ADDENDA— NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Quoting Documents will be answered verbally, if any prospective Bidder is unable or unwilling to comply with one or more requirements of the Quoting 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 Al TFRATICM FRA3I IPFC WCr UPI FTF 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. 9. The Board may reject any Bid that does not conform to these requirements as non- responsive. 10. 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. if. 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 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. Version 8 — 02/25/14 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 (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. 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. 16. 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. 17. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the Bid is made by the City. 18. NEW MANUFACTURE 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. B. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. If the Contractor fails or refuses to remove the rejected items, they may be sold by the City of South Bend. C. In some cases, at the discretion of the City, inspection of the commodities or equipment will be made at the factory, plant, or other establishment where they are produced before shipment. D. The above provision shall not be construed in limitations of any rights the City may have under any laws including the Uniform Commercial Code. Version 8 — 02/25/14 22. 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. 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. 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. 25. 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. 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 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. 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 justifying his/her proposed article or equal. The City of South Bend shall be the solejudge in determining if the "OR EQUAL" offered meets the Specifications. 29. 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. Version 9 — 02/25/14