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HomeMy WebLinkAboutOpening of Bids - Spec H Ten More or Less Commercial Riding Mowers - Rigg's Outdoor Power EquipmentRIGGS MOWERS & MORE Fax:5742549801 filar 20 2017 02:32pni P002/007 CITY OF SOUTH BEND, INDIANA_ SELLER'S BII) FOR SALE OR LEASE OF MATERIALS AND NON -COLLUSION AND NON DEBARMENT AFFIDAVIT AND NON-DISCRIMINATION COMMITMENT FOR SELLERS BID NAME Spec H ---Teri Qq)_More or Less Commercial Riding Mowers FOR BIDS DUE April 11, 2017 at 9:30 a.m. Bidder Date: AA I Its i I.1 (Firm): r .Y_ w_......-_---- __._. lZ4c � �nbo I��'aur I__--���i�`''_-tn�----------• Address: City/State/Zip: M;�wck4t TiU % 5W Telephone Number: Agent of Bidder (if Applicable): When the pros wetive Contractor is unable to c:ertlfy to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON --COLLUSION AND NON-DYKBARMENrl AF IDAVII', CERTIFICATION IIEGARDING INVESTMENT WITH 11ZA.N, EMPLOYMENT rLIGI131LITY'VE111 ICATION, NON-I)tSCRIMINATION COMMITMEN-I' AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUGI'S (Must be Completed for all quotes and bids. Please type or print) STATE OF' 15A_,cou TY ) The undersigned Contractor, being duly sworn upon his/leer/its oath, affirms under the penaEtics of perjury that: 1. Contractor has not, nor has any other nrenrber, representative, or agent of the firnr, cornpany, corporation or partnership represented by hint, entered into any conbination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person ttom bidding nor- to induce anyone to reli-ain 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 for-ther says that no person or persons, fin-ns, 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 subn)ission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded front participation in this transaction by any Federal departrxrent or agency; and 3. Contractor has not, nor has any successor to, nor tin affiliate of, Contractor, engaged in investment activities in Iran. 4 RIGGS MOWERS & MORE Fax:5742549801 Mar 20 2017 02:32p P003/001 a. For purposes of this Corti fieation, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Inca. Code § 5-22-16.5-5, as amended froin time -to -tire. b. As provided by Ind. Code § 5-22-16.5-5, as anicnded from time-to-tirne, 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 ruillion 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 Berson identified on list published by the Indiana Department of Administration. 41 Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's docurneatation of enrollment and participation in the E-Verily Program is included and attached as pant of this bid/quote; and 5. Contractor shall require his/lies/its subcontractors perforl-ning 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 Bence, 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 perforruance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, :materials, or any combination of the foregoing including;, but not limited to, public works contracts awarded under public Bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may considor the 5 RIGGS MOWERS & MORE Fax:5742549801 Mar 20 2017 02:33pm P004/007 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 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 tine 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 fiend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for eniploynient in the peribrmance 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 oil a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby certify that I and all subcontractors employed by nne 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 snake 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 afhrin under the penalties of perjury that the facts and information contained in the foregoing bid for public works are trtic and correct. Dated this �� ..._...__ day of Aecl , 20 o 34 "I . _ t h�Toit e1 f�S Xi I % ti�7� y►{ o� Coil tractoi Cider (Firm) 1 RIGGS MOVERS & MORE Pax:5742549001 Mar 20 2017 02:33Pm P005/007 Signature of Contractor/Bidder or Its Agent �<-E' S r.CC rL Prilltcd Name and Title Subscribed and swore to before me this (lay of. � , 20 j My Commission Expires Notary Public County of Residence Fee 7 RIGGS MOWERS & MORE Fax.5742540801 Mar 20 2017 02:33pm P006/007 (To he cor»pleterd only by Comi,actora/Itiddees clahnins to be a "local Indiana btsiness" pursuant to 1.C. 36-1-12-22) INDIANA LOCAL., BUSINESS PRE FE IZENCE CLAIM A "local Indiana business"refers to any of the following: (])A business whose principal place of business is located in an affected county. (2) A business that pays a nu jorily of its payroll (in dollar volume) to residents of infected counties. (3) A business that employs residents rf a1,Jecled collnde-s as a tnajor•ily oj'ils emplc>.vees. (4) A business that makes signifxant capital investments in the affected counties as defined in rifles adopted by the political subdivision, (5) A business that has a substantial positive economic impact on the e flscted counties as dej'tned by criteria in ales adopted by the political subdivision. An "aflkted county" refers to .St. Joseph County, Indiana, or the following counties located adjacent to St. Joseph County: Elkhart County, Mar shall County, Slarke County and Lal'or•le County There are the following price prcferences for' supplies purchased jr•orn a local Indiana business: 5%fur• a purchase expected by the purchasing agency to be less than $50,000 • 3%fior a purchase expected by the purcha.s'itrg agenq to he tit least $30,000 but less than $100,000. * 1 %for a purchasc ea�ected Ily the purchasing agency to be at least $100, 000. _ Pursuant to I.C. 36-1-12-22, / aar/ �+ rnM claims a local Indiana bminoss -_ preference for Project C. — �-tvr rrpfc-c S5 (,wiiwft,cf _ (Project fl --� } located within the City of South Bend, St. Joseph C uuty, Indiana, - 'ji:Ant Mvwrr s ❑ The location of the principal place of business is 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. dThe majority of the business's employees for lyre 12 months prior to the date of this Bid are residents o€' St. Joseph County, Indiana, or the adjacent county noted above, If the business is deemed to be tltc apparent lowcst, 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 anrount 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 Rr,COIti7S, BID F,R SHALL RL;DACT ALL SOCIAL SECURITY NUM IFRS. �h {� r Dated thus i['i day of W l-3 t� , 2p� Cori traodU17 lder (Firm) Si€gnatri(r of Coniractar/l3iclder or Its Agent Printed Name; and Title M RIGGS MWERS & MORE Fax!5742549801 Mar 20 2017 0213pai P007/007 SPECIFICATIONS CITY OF SOUTH BEND BID NAIVE Spec H - Ten (10) More or less Commercial Riding Mowers FOR RIDS DUE ,April 11, 2017 at 9:30 a.m. - ----- ---- - --- Pursuant to notices given, the undersigned offers bid(s) to the City of South Bernd in accordance with the following attachnnent(s) which specify the class or item number or description, quantity, unit, unit price. SPEC H —Tir+,N (10) MORE OR LESS COMME, RC1A>t, RIDING MOWERS It is the intent of these specifications to describe a vehicle or piece of equipment for the City of South fiend. The unit shall be bid as a fully equipped complete unit as set out in the attached specifications. No_partial or split bids will be accepted. Unit to be bid with and without trade-in if applicable. Vendor to complete bid proposal contained in this bid specification and attach to the submitted bid. These are minimurn specifications. Any variation from the specifications must be spelled out on a separate deviation list in order for the bid to be valid. Any items not listed on the deviation sheet Nvill be assumed to he part of the unit. Proprietary products or specific manufacturers may be referenced herein. Such references are only made to demonstrate minimum scope, duality, and style of the equipment desired, Equipment that is bid pursuant to these specifications shall be of equal quality an([ size, or greater, to those referenced, and are subject to approval by the South Bend Board of.l'ublic Works. Vendor shall provide all information .requested in specifications to qualify for bid, if information on brochure submitted does not completely cover specifications requested, it shall be typed and attached to brochure. If an alternate is included within these specifications, please be advised that, alternate itenxis placed in the specifications are to determine the best configuration of the item within a budgeted amount and may be, included in the award criteria. If the; Board elects to award one or more (s), the base bid price and the alternate bid price(s) will be totaled and compared for all bidders offering the final configuration. Award will be made based on the lowest responsible/responsive bid prices submitted for the base bid with selected (s), if applicable. Failure to submit a bid on an alternate may result in the entire bid being non -responsive, depending on the final configuration of the product. Payment will be processed once the unit is inspected and accepted as to meeting the specifications by the Division of Central Services. This will include all manuals and warranty documentation. 9 Bidder must state as accurately as possible an intended delivery date from the date of the bid award. Due to the age of the City's existing fleet, it is imperative that the unit's be delivered as quickly as possible. Stated delivery lead time may be included as an integral part of our bid selection process. FOB Central Services. The unit and all related paperwork is to be delivered to: Central Services Division 1045 West Sample Street South Bend, Indiana 46619 All Certificates of Origin/Title Work shall list the owner as: The City of South Bend 1045 West Sample Street South Bend, Indiana 46619 The Board will award the bid to the lowest responsible and responsive bidder. If the bid is not awarded to the lowest bidder, the factors used to justify the awards will be stated in writing at the request of any bidder. The Board reserves the right to reject any and/or all bids or portions thereof and to waive any irregularities or informalities. Engine: Brand: Model: Horsepower: Type: Displacement: Muffler: Air Cleaner: Starter/Electrical: Charging System Engine Deck/ Yamaha EFI MX825V 33 Forced Air -Cooled V-Twin 4-Cycle Vertical Shaft OHV Gasoline Engine. 824 cc Stainless steel tuned for optimal sound and performance. Dual stage canister air filter. Electric Ignition 25 amp Frame: Fuel Tank Capacity: 13.4 GAL/50,7 L Drive Wheels/Tires: 24 x 12-12 Radial turf tires Parking Brake: Lever operated interlock parking brake prevents operation with parking brake engaged. Frame: Heavy duty 1.5" x 3.0" tubular frame. Foot Plate: Steel with extrusions to prevent slipping, with 2 mounted rubber isolators to reduce vibration. 10 Drive System: Type: Integrated pump and wheel motor transmissions. Transmission: Hydro -Gear ZT-5400 Steering/Travel Control: Large diameter, adjustable control arms with isolators to reduce vibration from the frame. Transmission Belt Idler: Brakes: Axles: Instrument Panel: Forward Speed Range: Reverse Speed Range: Cutting Deck: Type: Construction: Cutting Width: Cutting Height Adjustment: Cutting Height: Blade Engagement: Discharge Chute: Front Caster Wheels: Spindles: Spindle Pulleys: Constant Belt Tension System: Cutter Deck Belts: Blades: Blade Tip Speed: Self-adjusting, self -tightening. Lever actuated wet disc brake, internal to transmission, assures maximum brake -holding capacity. Tough 1.375 inch shaft for maximum strength. Mounted on the right hand side of the operator, key switch, throttle, manual choke, BBC switch, fuel gauge, hour meter with maintenance reminders. 0 —13 mph 0-6 mph Floating, adjustable, anti -scalping. 7-gauge steel with .25 spindle reinforcement. 72" Foot -operated pedal adjustment from operator's seat, dial height of cut makes it easy to change cutting height by simply rotating the dial to the desired height of cut. 1-5.5" in''/4 increments, 19 positions. Ogura GT3.5 Electric Clutch. Flip up, flexible rubber chute for strength and durability, minimizes damages to landscape and trees and cases transport of the machine. 15 x 6 — 6 Semi pneumatic tires. Heavy-duty spindle shaft, with cast iron housing, ball bearings, maintenance -free design. Split steel design for strength and durability. The CBT system, exclusive to Gravely, ensures constant belt tension and consistent blade tip speed. V-Belt 3-18" 18,633 fpm 11 Additional Specifications: ROPS: Foldable ROPS is standard, retractable seatbelt included. Seat: High Back w/Full Air Ride Suspension and Isolators. Cup Holder: Molded into left fuel tank. Paint: Powder -coat paint. 12V Power Port: Located on left hand control panel. Dimensions: Length: 80" Width: 75.25" Width (with discharge in transport position): 63" Height with ROPS: 70" Weight: 1,356 LBS Warranty: Commercial: 3 Year Limited Commercial Warranty Frame & Deckshell: Limited Lifetime Frame and Deckshell Warranty Spindle: 3 Year Spindle Warranty Quantity: Ten (10) more or less Alternate 1: 60" cutting deck only 12 BID/PROPOSAL CITY OF SOUTH BEND BID NAME Spec H - Ten (10) More or Less Commercial Riding Mowers FOR BIDS DUE April 11, 2017 at 9:30 a.m. Description Year/Matte/Model Unit Price Z�ro trroLIVCF )017 Pry Z ?%2 Z $ 106)00 -' Alternate# Description Cost Total 1 60" cutting deck only 2 5K04k $ ? � r/ � $ , ti q " Estimated number of days for delivery from award 1 C) date. Bidder (Firm): R"Aq"� al'aotl RO f-ve I - Address: v7.? IvIe;,i er Dt" City/State/Zip: "1 �5d} 0 "I-aA` "- .,.-Z�-o Telephone Number: ff 7111-12 79610 Fax By L (Signature) J (Printed Name) Met a q ei, (Title) BOARD OF PUBLIC WORKS Gary A. Gilot, President Suzanna M. Fritzberg, Member James A. Mueller, Member 13 Elizabeth A. Maradik, Member Therese J. Dorau, Member Attest: Linda M. Martin, Cleric CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS 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: 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 14 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. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a separate, sealed envelope, with the envelope clearly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. 5. ADDENDA— NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the Issuing date on executed Proposals. G. REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES INCOMPLETE BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. 7. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. 9. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the Internal Revenue Code. It is also exempt from the Indiana 15 State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 10. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 11. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13. AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. is. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. 18. SOURCE OF SUPPLY A. if the Bidder is not a manufacturer, the source of supply must be shown and all sub- contractors must be identified. 19. PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 20. INSPECTION OF GOODS A. The City of South Bond 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 16 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 falls 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. 21, ASSIGNMENTS A. No person to whom a Contract has been awarded may assign his interest in the Contract without the consent, in writing, of the City. 22. CANCELLATION A. The City of South Bend reserves the right to cancel any Contract for failure or refusal of performance, fraud, deceit, misrepresentation, collusion, conspiracy, or any other misconduct on the part of the Contractor. 23, DEDUCTION OF DAMAGES A. If the City cancels the contract for any cause, it shall deduct from whatever is owed the Contractor on the Contract or any other Contract, any amount sufficient to compensate the City for any damages suffered by it because of the Contractor's wrongdoing. 24. METHOD OF INVOICING FOR PAYMENT A. Contractor shall bill the City of South Bend 1. On regular invoice form giving a complete and detailed description of the goods delivered, including purchase order number. 2. If the Contractor allows a discount, the period of time in which the City must make payment to qualify for the discounts shall be computed from the date the City received the invoice (completely filled out), or the date the goods are delivered and accepted, whichever may be later, and shall not be less than twenty (20) days. 3. If more than one shipment is made under the Contract and on the same purchase order, the City will make partial payments on a basis that is agreeable to both parties. 25. OWNERSHIP OF GOODS A. The goods which are the subject of the Contract shall remain property of the Contractor until delivered to and accepted by the City of South Bend, 26. ESTIMATED QUANTITIES A. If the quantity set forth in the Notice to Bidders and Proposal is approximate and represents the estimated requirements of the City for a specified period of time, the unit price and the extended total price thereof shall be used only as a basis for the evaluation of bids. The actual quantities necessary may be more or less than the estimate, but the City shall neither be obligated nor limited to any specific amount. The City will, if at all possible, restrict increases to twenty percent (20%) of the estimated quantity and will, if at all possible, restrict decreases to twenty percent (20%) of the estimated quantity. 27. TERM "OR EQUAL" A. Where the term "OR EQUAL" is used in these Specifications, the Bidder deviating from specified item shall file with his/her bid a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "OR EQUAL" offered meets the Specifications. 17 28, 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. PRO Z 900 Bid Specs,xisx Page 1 of 2 PRO Z SERIES FULL SPECIFICATIONS PRO Z 148 L/S EFI MOWER DECK Cutting Deck Deck Construction Reinforcements (top/bottom / leadinq edge) Side Reinforcement Wear Guard Blades / Blade-TIp Speed (fpml Spindle Construction Discharge Chute Deck Lift System Height Positions 1 Height Range ENGINE AND DRIVE SYSTEM Engine/Manufacturer Horsepower Displacement (cc) Fuel Capacity Transmission Ground Speed (forward/reverse) DIMENSIONS Length Width (chute down/up) Height (ROP down/up) Weight (L/S models) GENERAL PTO Steering Control (L/S models) Operator Controls Additional Controls Parking Brake (L/S models) Cruise Control (L/5 models) RODS Rear Bumper Additional Bumper Features Frame Additional Frame Features Front AxleNolk Front Tires (L/S models) RearTlres (L/S models) Seat Type PRO Z 960 L/S KW 60" Floating, fabricated 7 ga (0,187") steel Igo/7go/ 1/4" 5/16" 3/4" trim -side 3 high -lift Marbain` blades / 18,500 fpm Cast aluminum housing High -density, impact -resistant rubber Foot pedal with spring assist 1611" — 5" Kawasaki' FX1000v 35 hp 999 cc Twin 7A5 gal tanks (14.9 gal total) with electric gauge Parker HTG 16 cc pump/ 310 cc wheel motor 14mph /7mph 88, 62" 173" 49" / 75" 1442 / 1580 Ibs Warner PTO clutch (200 ft-lb) Lap bar/ Steering wheel Low -profile throttle lever Sealed key switch / Fingertip engagement PTO Hand -operated / Hydro -pump release N/A / N/A 2" x 2" foldable 3-position with low profile 5/16" thick steel, standard rear hitch Pre -drilled mounts for attachments Fully welded, 3/8" x 5" laser -cut steel Integrated tie -down slots 2" x 3" solid with Isolated dampening system, 1/2" thick Smooth (run flat)15" x 6" — 6" / Turf 26"x12,-12" High -back Air -Ride suspension, EVC cushion, seat belt, angle -back adjust, lumbar support, padded armrests, PRO Z 972 L KW 72" Floating, fabricated 7 qa (0.187") steel 7go/7go1114" 5/16" 3/4" trim -side 3 high -lift Marbain`blades 118,500 fpm Cast aluminum housing High -density, impact -resistant rubber Foot pedal with spring assist 16 / 1" — 5" Kawasaki FX1000v 35 hp 999 cc Twin 7A5 gal tanks (14.9 gal total) with electric gauga Parker HTG 16 cc pump 1310 cc wheel motor 14 mph 17 mph 88, 74" / 85" 49" / 75" 1631 Ibs Warner PTO clutch (225 R-Ib) Lap bar Low -profile throttle lever Sealed key switch / Fingertip engagement PTO Hand -operated / Hydro -pump release N/A / N/A 2" x 2" foldable 3-position with low profile 5/16" thick steel, standard rear hitch Pre -drilled mounts for attachments Fully welded, 3/8" x 5" laser -cut steel Integrated tie -down slots 2" x 3" solid with Isolated dampening system, 1/2" thick Smooth (run fiat) 15" x 6" — 6" Turf 26" x 12" —12" High -back Mr -Ride suspension, EVC cushion, seat belt, angle -back adjust, lumbar support, padded armrests, WARRANTY Warranty Information I3-year/no-hour-limit commercial warranty 3-year/no-hour-limit commercial warranty