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HomeMy WebLinkAboutAward Bid - 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles – Spec B - Fletcher Chrysler Products, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 14, 2024 Mr. K. Keith Fox Fletcher Chrysler Products, Inc. 3099 N. Morton St. Franklin, IN 46131 k. fox(a),fletcherchrysler.com RE: Award Bid — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles Spec B Dear Mr. Fox: At its May 14, 2024 meeting, the Board of Public Works awarded the above referenced bid to you for the vehicles in the amount of $40,021 each twenty-nine units (29) with a total of $1,160,609. Enclosed please find a signed Bid/Proposal form. A representative from Central Services will be in contact with you. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 14, 2024 Ms. Stephanie Hurley Larkin-Greenewood Ford 2350 Park Rd. Connersville, IN 47331 shurleyklarkin-ford. com RE: Bid Award — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles Spec B Dear Ms. Hurley: At its May 14, 2024, meeting, the Board of Public Works awarded the above referenced bid to Fletcher Chrysler Products, Inc in the amount of $40,021 each twenty-nine units (29) with a total of $1,160,609. Thank you for bidding, and we hope you bid with us in the future. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou April 1, 2022 Board of Public Works 1308 County -City Building South Bend, IN 46601 Dear Board Members, The Central Services Division requests your permission to award twenty nine (29) More or Less 2024 or Newer All Wheel Drive Police Pursuit Vehicles to the lowest responsive and responsible bidder — Fletcher Chrysler. The total purchase price of $1,160,609.00 will be funded with proceeds from the 2024 lease. Listed below are the bids received for your review. ***Denotes Lowest, Most Responsive Bidder *** Fletcher Chrvsler — Spec B 2024 Dodge Durango AWD Purchase Price Larkin Greenwood Ford - Sven B Unit Price I Total $40,021.00 1 $1,160,609.00 $1,160,609.00 Description Qtv Unit Price Total 2025 Ford Interceptor 1 $46,626.76 $1,352,176.00 Purchase Price $1,352,176.00 If you have any questions or concerns regarding this matter, please don't hesitate to call. Si, fel, 4 J Central Services Division CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President RTMIF�—== Gary A. Gilot, Member Joseph R. Molnar, Vice President Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: May 14, 2024 NOTICE TO BIDDERS Notice is hereby given that the City of South Bend, Indiana, will receive electronic sealed bids at bpwbids@southbendin.gov, until the hour of 9:00 a.m., Local Time, on April 23, 2024, for the following: SPEC B — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles The Title of the Bid as described above must be included in the subject line of the email to which you have attached your bid. The name of the company/vendor, address, contact email address and phone number must be included in the body of the email. Detailed instructions and information, including the link to the Reserved Mailbox for electronic bid submittals, is available at southbendin.gov/bids. Specifications are available for download by visiting the City of South Bend's web page at southbendin.gov/bids: X Click on "BUSINESS" X Click on "Submit a City Contract Bid" X Click on "City Contracts — Invitations to Bid" X Click on the "Required Link" to register your company. You must register to receive addenda and updates to the specific bid you are interested in. Failure to do so could render your bid non -responsive to the specifications. There is no charge for the specifications. The specifications are also available for review only during regular working hours in the Department of Public Works, Ste. 1316, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana 46601. Bids received after 9:00 a.m., Local Time, on April 23, 2024, will be returned unopened. Bids must be on the City of South Bend Bid/Proposal form provided, which includes a Non -Debarment Affidavit, Non -Discrimination Commitment form, and a Non -Collusion Affidavit Form. An electronic copy of a Certified Check or Bid Bond in the amount of not less than 10% must be submitted with the bid. The awarded bidder will be required to send the original check or bid bond via USPS. A refund of the bid security will be issued upon satisfaction of Bid Award. The Board reserves the right to reject any or all bids or to accept a full or partial award of the bid or bids which, in its judgment, will be to the best interests of the City of South Bend. If the Board elects to award the base bid plus an alternate(s), the Board will look at the totality of the cost when determining the lowest, most responsible bid. The Board may reject any bid that does not conform to these requirements as non -responsive BOARD OF PUBLIC WORKS Theresa Heffner, Clerk Publish two times: March 29, 2024 April 5, 2024 SPECIFICATIONS CITY OF SOUTH BEND BID NAME Spec B — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles FOR BIDS DUE April 23, 2024, 9:00 a.m. Pursuant to notices given, the undersigned offers bid(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. SPEC B — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles It is the intent of these specifications to describe a vehicle or piece of equipment for the City of South Bend. 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 minimum 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 will be assumed to be part of the unit. Proprietary products or specific manufacturers may be referenced herein. Such references are only made to demonstrate minimum scope, quality, and style of the equipment desired. Equipment that is bid pursuant to these specifications shall be of equal quality and size, or greater, to those referenced, and are subject to approval by the South Bend Board of Public 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 items 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. 2 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. The 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 units 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 are 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. Drive Train: Engine: Number of cylinders shall be six (6) 3.6-liter fuel injected minimum. To include an engine oil cooler. Cooling: Shall be manufacturer's maximum capacity (heavy duty) cooling system complete with factory installed coolant recovery system. The system shall operate satisfactorily at factory recommended idle speed in an ambient temperature of 120 degrees without boiling over for thirty (30) minutes with air conditioner operating. Anti -freeze shall be permanent type installed in all units, regardless of delivery date and be capable of protection to -35 degrees Fahrenheit. Transmission: Heavy duty electronically controlled 8 speed automatic type. Suitable for police pursuit service. To include an external air -to -oil cooler. All Wheel Drive. Interior• Seats: Front: Two (2) individual seats with heavy duty springs, cushion, and trim. There has to be a minimum of 10" space between seats to accommodate the SBPD console. Driver seat to be 6-way power adjustable. Covering Material: Cloth front and vinyl rear. Safety Equipment: Vehicle shall be equipped with air bags. 3-point seatbelts front & rear. Two seat belt extensions per vehicle. Must have a backup camera or accident -avoidance system. Windshield Wipers: Electric, multiple speed with intermittent and washers. Rear Window Defrost: Electrically heated along with outside mirrors. Floor Covering Mats: Standard vinyl as furnished for current models. Heavy duty front floor liners WeatherTech brand or equal. Tailgate: Must have key lock cylinder. Radio: Manufacturer's standard AM/FM/MP3. Must have Bluetooth capability, to interface cell phone. Jack & Tool: Factory type as supplied for current models. Heater & Air Conditioning: Standard factory installed air conditioning unit, heater, and defroster, in accordance with manufacturer's specifications. Unit to include rear. auxiliary air conditioning. Speedometer: Police type, calibrated to within three (3) percent accuracy. hlterior Lights: Manually operated headlight switch. Standard interior dome lights and second light with white and red bulb feature to be mounted centered between seats 16" back from windshield or approved location. Must be able to manually shut off light when doors open. Power Door Locks & Windows: All door locks to be electrically operated from both front doors. Power windows are to be operated from each window location with lockout located at driver's door. Rear door locks and door handles to be inoperable from inside of rear door. Rear windows to be inoperable from rear doors. S Electrical: Electrical System: Battery: Alternator: Turn Signal: Alarm: Exterior: 12-volt, heaviest duty standard on all equipment. Heaviest duty available. Heaviest duty maximum available, main line fuse protection as supplied by manufacturer. 220 amp. Factory installed by manufacturer for current models with hazard warning switch. Heavy duty flasher unit. Factory alarm and remote start. Mirrors: One (1) interior day or night tab, non -glare. Two (2) outside mounted on left and right doors, with inside remote control for both. Electrically heated. Keys: Each unit to be equipped with a key locking system. All locks to be keyed alike. Four (4) keys provided for each vehicle. Factory remote entry, remote start, and alarm. Plate Bracket: Front license plate bracket to be included. Paint: Color white Chassis: Wheelbase: Unit shall have 119.8" wheel base. Suspension: Heavy duty suspension system; heavy duty shocks or struts, front and rear. Heavy duty springs (or equal components) to maintain vehicle at recommended bumper height with 200 lbs. weight in the rear storage area. Underbody: Unit to be equipped with underbody skid plate. Wheels: Police pursuit type. 20"x8" steel — painted black. Steering: Power steering. The steering wheel must be tilting model. To include external oil cooler. Tires: Mounted tires must be approved by the U.S. Department of Transportation for Police pursuit. Goodyear Eagle GT or equivalent. Spare tire must be full size and mount below the floor allowing for full use of storage space. Brakes: Four (4) wheel ABS disc type with power assist. 5 Fuel System: Gasoline tank to be 24.6 gallon minimum. Frame: Must have heavy duty frame with additional welds and/or structural member to provide it with greater structure integrity than standard frame. The frame must be designed for high-speed police pursuit operations. Miscellaneous Equipment: Pre -wiring: Shall have body builder interface. Spotlight: One (1) Whelen brand 5" LED spotlight with black matte finish, internal control, and mounted through the left cowl or "A" post. Factory Scan Tool: Vendor to supply one factory scan tool (wiTech or equivalent) or interface and software to be used for diagnosing vehicle. Any necessary subscriptions will be pre -paid for a two-year period. Warranty: Manufacturer's standard service policy shall be furnished complete and unaltered with each unit delivered. Manufacturer's warranty to apply. Terms of warranty shall be submitted with the bid, including any extension of warranty not normally covered by the manufacturer's standard warranty. Warranty work will be performed at a dealership in the area in which the vehicle is assigned. Warranty period will start on the date the vehicle is put into service. Use of other than original equipment service parts will not void warranty. All aftermarket add -on parts will be warranted by the dealer for the same period as a standard warranty. Definition: Where "Heavy Duty" is indicated, this shall be interpreted to mean above the quality in standard production of that vehicle's series for marketing to the general public, when such equipment is available. Quality Control Check: All vehicles must be quality control checked by actual road test prior to delivery. Each vehicle shall be driven no less than ten (10) miles by an experienced quality control person. All appropriate corrections should be made using new and unused parts. Used or reconditioned parts will be cause for cancellation of the contract. Tax Exemptions: The City of South Bend is exempt from the payment of Federal Excise and transportation levied under the provisions of the Internal Revenue Code. It is also exempt from the Indiana State Gross Retail Tax. The City will furnish the successful Bidder with any certificate of exemption required. 0 Ownership of Goods: The goods which are the subject of the Contract shall remain property of the Manufacturer until delivered and accepted by the City of South Bend. Quantity: twenty-nine (29) more or less. The actual number of vehicles to be purchased is subject to funding approval. BID/PROPOSAL CITY OF SOUTH BEND Spec B —2024 or Newer All Wheel Drive P0lice Patrol Utility Vehicles BID NAME FOR BIDS DUE April 23, 2024, 9:00 a.m. Description Year/Make/Model Unit Prince t`�t,-►�f' �1 0 C� R 1-JIJI�'0�� W 1) s "`J10I Odd \�1 Estimated number of days for delivery from avaard date. =6pmat Bidder (Firm): ' 1IZT N ,New Address: %V JV 1 r 9 City/State/ Zip:f'ahC�-l� ^, Telephone —/ Number: 3 I — Fax Number: 1�r Prmducl� �i,c. (Signature) nted Name) k (Title) E'? BID NAME FOR BIDS DUE Date: Address: CITY OF SOUTH BEND, INDIANA SELLER'S BID FOR SALE OR LEASE OF MATERIALS AND NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT AND NON-DISCRIMINATION COMMITMENT FOR SELLERS Spec B —2024 or Newer All Wheel Drive Police Patrol Utility Vehicles April 23, 2024; 9:00 a.m. Bidder ,014 _ (Firm): City/State/Zip: �`p�v,K� i.. , �V Agent of Bidder (if Applicable): 14 L06 T r Yt�hen the prospective Contractor• is ultrrble 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 OF � G� ) '^� ) SS: �COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of peijuiy that: l . 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 9 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 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: 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 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 conh•act to certify that the subcontractors do not lrnowingly 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, tenors, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, 10 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 %J 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 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 conh•act 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). I 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. 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 of P , 20 Z� Julia Anne CundiH Notary Public Seal State of Indiana Shelby County Commission Number NP0747376 MY Commission ExPiros 3/8/2031 Signature of Contractor/Bidder or Its Agent . ll c kit 1bX Printed Name and Title Subscribed and sworn to before me this Q71 1 day of , 20 My Commission Expires 2 �� W I County of Residence 12 (To be completed only by Contractors/Bidders claiming to be a "locallndiana business"pursuant to LC. 36-142-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business" refers to any of dre,folloxiing: (1) A business whose principal place of business is located in an affected couno) . (2) A business that pays a najority of its payroll (in dollar vohnne) 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 rides adopted by the political subdivision. (S) 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 ac jacent to St. Joseph Counh�• Elkhart County, Marshall County, Starke County and LaPorte County There are the. following price preferences,for supplies pun•chased from a local Indiana business: S%for a purchase expected by the purchasing agency to be less than $50,000 • 3%for a purchase expected by the purchasing agency to be at least $50,000 but less than $100,000. • 1 %for a purchase expected by the purchasing agency to be at least $100,000. Date: Pursuant to I.C. 5-22-15-20.9, business preference for Project within the City of South Bend, St. Joseph County, Indiana, The location of the principal place of business is claims a local Indiana (Project # )located (.9ddress) ❑ 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 S UPPL YING S UPPOR TING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS. Dated this day of 20 ContractorBidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title CITY OF SOUTH BEND INSTRUCTIONS TO BIDDERS t. 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 Board of Public Works at bpwbids a.southbendin.gov, by the time specified (local time) in the Notice to Bidders. Any Bids received after the time specified will be returned unopened. B. 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. C. 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 itern 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. 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 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. 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. 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. 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 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. 11 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. 15. 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. 164 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 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, Ho 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 performanceI 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. 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. Sentry Insurance - Surety Bond Department 1800 North Point Drive P.O. Box 8022 Stevens Point, WI 54481 Phone: 800.473.6879 Sentry Select Insurance Company SURETY BOND FOR THE PROPOSAL OR BID ON A CONTRACT Bond Number: A0250461001 Surety Name: Sentry Select Insurance Company Address: 1800 North Point Dr, Stevens Point, WI 54481 Incorporated: State of Wisconsin Telephone: 1-800-473-6879 ENT OF BID PRICE Date Bond Executed: April 9, 2024 (must not be later than bid opening date) Principal Principal's Name Primary Address State of Incorporation Type of Organization: Fletcher Chrysler Products, Inc. 3099 N Morton Street Franklin, IN 46131 Indiana Corporation PENAL SUM OF BOND BID IDENTIFICATION AMOUNT NOT TO EXCEED BID DATE INVITATION NO. Millions Thousands) Hundreds) Cents 2024 or Newer AWD 4/23/2024 Police Pursuit Utility 10% 00 116 061 00 Vehicles FOR: Vehicle(s) OBLIGATION: We, the Principal and Surety(ies), are firmly bound to the City of South Bend (hereinafter called the "Obligee") in the above penal sum. For payment of the penal sum, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. However, where the Sureties are corporations active as co -sureties, we, the Sureties, bind ourselves in such sum "jointly" and "severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us. For all other purposes, each Surety binds itself, jointly and severally with the Principal, for the payment of the sum shown opposite the name of Surety. If no limit of liability is indicated, the limit of liability is the full amount of the penal sum. CONDITIONS: The Principal has submitted the bid identified above. THEREFORE: The above obligation is void if the Principal - (a) upon acceptance by the Obligee of the bid identified above, within the period specified therein for acceptance (sixty (60) days if no period is specified), executes the further contractual documents and gives the bond(s) required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms by the principal; or (b) in the event of failure to execute such further contractual documents and give such bonds, pays the Obligee for any cost of procuring the work which exceeds the amount of the bid. Each Surety executing this instrument agrees that its obligation is not impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the Obligee Notice to the surety(ies) of extensions) are waived. However, waiver of the notice applies only to extensions aggregating not more than sixty (60) calendar days in addition to the period originally allowed for acceptance of the bid. WITNESS: The Principal and Surety(ies) executed this bond and affixed their seals on the above date. 611111 Colleen A. Rajski, Attorn (Printed Name and Title) orized Countersignature ere +�quited) ' n 'O Nd 80-3337 2/9/2021 SENTRYSELECTINSURANCE COMPANY POWER OFATTORNEY Bond Number: A0250461001 Know all men by these presents, that Sentry Select Insurance Company, a corporation duly organized under the laws of the State of Wisconsin, and having its principal place of business in the City of Stevens Point, State of Wisconsin, does hereby make, constitute and appoint MICHELLE Me BAUER, TRICIA BERGSBAKEN, DORENE R. BIALAS, DAVID DEATER, JOHN HER, JENNIFER M. MURPHY, HOLLEE NETYS, and COLLEEN A. RAJSKI as its true and lawful Attorneys -in -Fact, for it, and in its name, place and stead, with full power and authority to sign, execute, acknowledge and deliverfor and on its behalf as Surety, any and all bonds with an effective date on or after February 2, 2024. ScottA Miller, President SENTINSELECT INSURANCECOMPANY State of Wisconsin ss. County of Portage �\NSUgq .,A AR pPPOR4 n SA AT, O ' <? ACKNOWLEDGMENT Attest: Timothy K Kovac, Secretary SEM YSELECTINSURANCECOMPANY I, April R. Szydel, Notary Public, do hereby certify that Scott A. Miller and Timothy K. Kovac, the President and the Secretary, respectively, of Sentry Select I nsurance Company, personally known tome to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal this 2'd day of February, 2024. ,„,, PpPIL s April RSzydel,Notary Public �•• GBLIG My CommissionepiresJune 1,2026, i� AUTHORIZATION I, Timothy K. Kovac, Secretary of Sentry Select Insurance Company, hereby certify that Sentry Select Insurance Company is duly licensed to transactfidelity and surety business i n all States of the U nited States of America, that the foregoing Power of Attorney is a correct and true copy of the original Power of Attorney, that said Power of Attorney has not been revoked, and I further certify that the following is a true and exact copy of two resolutions passed by the Board of Directors of Sentry Select Insurance Company at meetings held by said Board, a quorum being present and voting on the date specified below, which resolutions are still in effect: RESOLVED, that the President or any Vice President in conjunction with any Secretary or Assistant Secretary, be and they are hereby authorized and empowered to appointAttomeys-in-Fact of the Company, in its name and as its acts, to execute and acknowledge forand on its behalf as Surety any and all bonds, recognizance, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. (Adopted 11 September 1969) RESOLVED, that the signature of any Officer authorized. by the Bylaws and the Company seal maybe affixed by facsimile to any power of attorney or special power of attorney or certification of either for the execution of any bond, undertaking, recognizance or otherwritten obligation in nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such Officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. (Adopted 29 April 1971.) Given under my hand and official seal this 9th day ofApril, 2024. TimothyK Kovac, Secretary SENTRYSELECTINSURANCECOMPANY Illllnnnnrq� R!-��v�'''''�� },; GOPPORgrF• P a AIR/ �T sAF RIO ado „,,,,,,,Idi ,'yOvere ROO RIO40 a sip 4a4100 7370 2/7/2024 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 11, 2024 Department Central Name Jeff Hudak Services BPW Date April 23, 2024 Phone Extension 9316 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ® Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information U Yes U If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No Spec B — 2024 or Newer All Wheel Drive Police Pursuit Utilitv Vehicles 2024 Lease 10 1 -08-080-080-445 100 For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 26, 2024 Department Central Name Jeff Hudak Services BPW Date May 14, 2024 Phone Extension 9316 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ® Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name Fletcher New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Inc U Yes U If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Spec B — 2024 or Newer All Wheel Drive Police Pursuit Utility Vehicles 2024 Lease — PR31961 101-08-080-080-445100-DS0234 $1,160,609.00 For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease ( % Time Extension Amount: New Completion Date: