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HomeMy WebLinkAboutOpening of Quotes - Light Up South Bend LED Luminaires Project No 119-005A - All-Phase Electric SupplyQUOTE/PROPOSAL k CITY OF SOUTH BEND QUOTE NAME 119-005A Light Up South Bend — LED Luminaires FOR QUOTES DUE July 23rd, 2019 by 9:30 AM Local Time Item No. Description 1 Roadway LED Luminaire with Existing Pole Adaptor and Hardware Quoter (Firm): Quantit Unit Unit Price 52 EA v to - Total Amount of Quote 1I Address: - Z - F 8- c , . ,Pw City/State/Zip: .. _.... Telephone Number: W Fax Number: 57 - ; ,, 2 -- J BOARD OF PUBLIC WORKS Gary A. Gilot, President Genevieve E. Miller, Member James A. Mueller, Member v O ''(Signature) (Printed Name) (Title) Elizabeth M. Maradik, Member Therese J. Dorau, Member ATTEST: Linda M. Martin, Clerk Total Amount I-- - Version 8 — 02/25/14 01 4;,, CITY OF SOUTH BEND INDIANA A SELLER'S gUOTE FOR SALE OR LEASE CF MATERIALS � ``� 2, I 4p'M1C�M AND NON -COLLUSION AND NON DEBARMENT' AFFIDAVIT AND NON-DISCRIMINATION COMMITMENT FOR SELLERS QUOTE NAME 119-005A Lht U South Bend —LED Luminaires . .._....._........._ _.........................__ . FOR QUOTES DUE July 2 0, 2019 by 9: 0 AM Local Time Date: _ ...._ Firm: Address: �„ p. City/State/Zip: P Tele hone Number: - Agent of Firm (if Applicable): When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE ttl ZiA9. ) ) SS: t Ot jN'ry 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 from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. Version 8 — 02/25/14 a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: 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 through 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 are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the Version 8 — 02/25/14 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 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 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. Version 8 — 02/25/14 (To be completed only by Contractors/Bidders 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. • ° _ w urn i mash a enc to beat least $100, 000, a or a�r�clrchas� expecte�'t IJy the .....�......'" ..�r Date: Pursuant to I.C. 36-1-12-22, fM,, °" claims a local Indiana business preference for Project -, re (Project # rn�ve�A_) located within the City of South Bend, St. Joseph County, livid ana: ❑ The location of the principal place of business is (Address) - ❑ 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 SECURITY NUMBERS. Dated this day of 20_. Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Version 8 — 02/25/14 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 _22jld __,_,_. day of July , 2019 --- Contractor/Bidder (Firm) Sigii.atir m tc r gNe�ror Its Agent �a rz.._ . .. Printed Name and Title Subscribed and sworn to before me this 22nd day of July . 20 19 My Commission Expires „ 7/13/2022 Notary Public Catherine J. Gruber County of Residence Version 8 — 02/25/14 SPECIFICATIONS CITY OF SOUTH BEND QUOTE NAME 119-005A Light Up South Bend — LED Luminaires FOR QUOTES DUE July 231, 2019 by 9:30 AM Local Time Pursuant to notices given, the undersigned offers Quote(s) to the Cam( of South Bend in accordance with the following attachment(s) which specify the class or item number or description, quantity, unit, unit price. F.O.B destination is the City of South Bend Bureau of Traffic and Lighting. Delivery Address 731 South Lafayette Boulevard South Bend, IN 46601 DESCRIPTION A. This project includes the furnishing of all materials needed to install LED luminaires on existing poles within the City of South Bend, IN. The City of South Bend intends to install the LED fixtures with their own forces. PREVAILING SPECIFCIATIONS AND DESIGN & CONSTRUCTION STANDARDS A. The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN & CONSTRUCTION STANDARDS, most recent version, are to be used on this project. B. Each Quote provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION STANDARDS prior to submitting a quote. C. Wherever the PREVAILING SPECIFICATIONS refer to "State Specifications," it shall mean the 2018 INDOT Standard Specifications for the letting effective after September 1, 2017. D. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. E. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern. III. TERM "OR EQUAL" A. Prevailing Specifications: None B. Additions 1. Where the term "or equal" is used in these specifications, the Quote provider deviating from specified item shall file with his/her Quote 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 specification. IV. TAX EXEMPT A. Prevailing Specifications: None B. Additions Materials and properties purchased under contract with the Owner that becomes a permanent part of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax). The exemption number will be furnished to the Contractor upon award. Version 8 — 02/25/14 V. INDEMNIFICATION A. Prevailing Specifications: None B. Additions 1. 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 Contractor, or because of arising out of any defect in the goods, materials or equipment supplied by the Quote provider. VI. CONTROL OF WORK A. Prevailing Specifications: 2018, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. VII. DELIVERY A. Prevailing specifications/INDOT Standard Specification Section: None B. Additions: 1. Within thirty (30) days after receipt of formal purchase order. 2. Shipping costs included in total package price. 3. F.O.B. Destination Vill. TERMS OF PAYMENT A. Prevailing Specifications: None B. Additions 1. One payment after product is received and accepted IX. COMPLETION A. The City reserves the right to cancel the order if the complete materials are not delivered by thirty (30) days from time of receipt of formal purchase order. X. WARRANTY A. Prevailing Specifications: None B. Additions 1. All Parts shall include the following: a. Performance specifications b. Bill of Materials c. Warranties on all parts d. Installation and safety requirements Version 8 — 02/25/14 XI, LED Luminaire Specifications A. Prevailing Specifications: None B. Additions 1. LED luminaires are intended to replace existing street light fixtures at various locations within the City of South Bend. 2. The luminaire shall be an LED fixture, multi- volt and produce photometric foot print at 30 foot mounting height with Type 3 distribution equal to or better than the existing 200 watt HPS fixtures. 3. The intent is to light the roadway forward of the fixture and not behind the fixture. 4. The new fixtures shall be black in color to match the existing poles. 5. The LED color temperature shall be 3,000K. 6. The luminaire will have a manufacturer's warranty of five years. 7. 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. 8. 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. 9. The luminaire shall be: a. Lithonia Lighting RSX1 LED P4 30K R3 MVOLT MA DBLXD with the Mast Arm Adaptor and hardware, b. Leotek Lighting GCM2 OF MV WW 3 BK 1 A LPCR with the Round Pole Horizontal Arm Bracket (BK) and hardware, c. or an approved equal. 10. The luminaire shall be paid for at the unit price established herein, and shall include the cost of the mounting bracket, all necessary hardware needed to mount the fixture to the existing pole, and delivery costs. Version 8 — 02/25/14 CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS w 1865 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, 13th 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 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. T 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. IL 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. M 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. 2T 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. M 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. 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 8 — 02/25/14