Bid Notice-Beyer and Downey Community Parks_ Sports Fields Lamp Replacements.pdf

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Beyer and Downey Community Parks, Sports Fields Lamp Replacements Invitation For Bid

Engineering Services

28555, 28556, 55750, 55955, 80573

Project ID: INF-IFB-00107

Release Date: Friday, August 14, 2026

Due Date: Tuesday, September 8, 2026 4:00pm

Posted Friday, August 14, 2026 8:30am

All dates & times in Pacific Time - Los Angeles

Draft Response No Bid

Time Remaining: 10 days, 5 hours, 55 minutes

To respond to this project, please click the "Draft Response" button above.

1. Bid Requirements

1.1. Instructions to Bidders

1.2. Questions, Inquiries, Requests for Clarification

1.3. Award of INF-IFB

1.4. Business/Delivery License

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 4:00 pm on Tuesday, September 8, 2026, after which time Bids will be opened. Bids will be received only in the manner stated above, and prior to the time indicated. All Line Items must be completed to be considered. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered. Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid.

All questions regarding this bid opportunity, specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's

OpenGov Procurement portal prior to 4:00 pm on Thursday, August 27, 2026. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City

Contact. Attempts by the Bidder to contact other City personnel regarding this INF-IFB and associated process may result in disqualification of the Bidder.

Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.

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1.5. Contractor's License

1.6. California Labor Code Section 1771.1(A)

1.7. Addenda Acknowledgement

1.8. Working Days

1.9. Milestones

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate

Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389. Should the bidder already have this license, please indicate the license number in the provided location within the electronic submittal for this Invitation for Bids.

If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. A contract shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate

Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Contractor shall indicate their license number within the electronic submittal to this Invitation for Bids.

Contractor shall have at minimum an active Contractor’s License with Classification “C-10”.

The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This INF-IFB is subject to the registration requirement set forth above.

Changes identified in the addenda modify the original Contract Documents. The addenda now become a part of the Contract Documents. By submitting a bid to the City, the bidder is acknowledging that the bidder has confirmed that they have received all addenda issued for that project and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive.

Construction work to be commence within thirty (30) calendar days from issuance of written ‘Notice to Proceed’. The project will be given ten (10) working days to complete construction work once the first on-site work (workday) has commenced.

Notice to Proceed Date is approximate.

Bid Issued: August 14, 2026

Questions Due: August 27, 2026, 4:00pm

Bid Response Due: September 8, 2026, 4:00pm

Notice to Proceed Date: September 2026

2. Bid Schedule

All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Bidder Exceptions, Clarifications, Amendments Form.

ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE

**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.**

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The payment of Prevailing Wages is required for this project.

Line Item Description Quantity Unit of Measure Unit Cost Total

1 Mobilization & Equipment 1 LS

2 1500-Watt Metal Halide Lamp Replacement 150 EA

3 Ballast Replacement 15 EA

Total $0.00

C olum ns

3. Technical Specifications and Requirements

3.1. Scope of Work

3.2. Project Location

3.3. Bid Line Items

3.4. Encroachment Permit

3.5. Required Submittals

All work shall comply with the City of Modesto Standard Specifications and Details drawings.

All contract bid line item prices shall include the furnishing of all labor, materials, tools, equipment, vehicles, fuel, incidentals and insurance requirements necessary for complete and in place work per the construction documentation and specifications, for each bid line item as shown on the bid schedule, and no separate payment shall be made therefore.

The Beyer and Downey Community Parks, Sports Fields Lamp Replacements project consists of replacing all lamps within the sports field lighting structures at (2) ballfields at Beyer Community Park and (1) ballfield at Downey Community Park. The contractor shall provide all labor, materials, and equipment

(including necessary lift equipment) to complete the replacements.

Additionally, bidders are required to provide a unit cost proposal for the replacement of fifteen-(15) ballast. This work to be authorized by the City on an as-needed basis during the lamp replacement process. Number of ballasts to be replaced is an estimate. Actual amount of non-functioning ballast to be replaced will be determined at time of lamp replacement.

Beyer Community Park: 3700 Beyer Park Drive, Modesto, CA 95355

Downey Community Park: 1200 Brighton Avenue, Modesto, CA 95355

Bid Line Item #1 Mobilization & Equipment: Includes all bucket trucks, lifts, safety equipment, and all other equipment required for high-mast lighting access.

Bid Line Item #2 1500-Watt Metal Halide Lamp Replacement: Identification, furnishing, and installation of all lamps at all (3) ballfields shown on the Layout

Sheets to restore full system operation.

Bid Line Item #3 Ballast Replacement: Furnish and install new ballast as directed by City staff (to be used as a contingency if lamp replacement does not restore light).

The Contractor shall obtain a no fee encroachment permit from the City of Modesto, Community & Economic Development Department.

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3.6. Prevailing Wage

Provide submittals for the following items per Section 5.02 of the City’s General Provisions. The list provided is to aid contractor in determining scope of work, but it is not intended to be all inclusive and additional submittals may be required.

A. 1500-Watt Lamp Make and Model

B. Replacement Ballast Make and Model

Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its

Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120.

4. Insurance Requirements

4.1. Insurance Requirements

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

(Not required if consultant provides written verification, it has no employees)

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage

The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

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Additional Insured Status

The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage

The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation

Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation

Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions

All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Claims Made Policies (applicable to Professional Liability only)

If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage

Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors

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4.2. Hold Harmless Agreement

Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances

City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto

Attn: Risk Management

1010 10 Street

Modesto, CA 95354 th

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CONTRACTOR, whether or not the act or omission arises from the sole negligence or other liability of CONTRACTOR, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.

5. Bid Submittal

1. Acknowledgements

1.1. INF-IFB Acknowledgement*

The bidder has carefully examined the location of the proposed work, the Contract Documents and the instructions to bidders, and proposes to furnish all materials, machinery, tools, labor, services and do all the work necessary to complete the project in accordance with Contract Documents for the prices shown.

The bidder agrees and acknowledges all INF-IFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded a contract they will make no claim against the city based upon ignorance of conditions or misunderstanding of the specifications.

By checking the "please confirm" box below, you acknowledge the above statement.

*Response required

1.2. Insurance Requirements*

The bidder has reviewed the city's insurance coverage requirements with their insurance agent. The bidder's insurance agent has verified that bidder's insurance coverage meets or exceeds the city's requirements as stated in the Contract Documents.

By checking the "please confirm" box below, you acknowledge the above statement.

*Response required

1.3. Bid Schedule*

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a "Unit Price" and a "Total Price" for the item, and for each lump sum item a "Total Price" for the item, all in the spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Total Price" column shall be the product of the "Unit Price" bid and the "Estimated Quantity" for the item.

By checking the "please confirm" box below, you acknowledge the above statement.

Bidder’s submission should include all City of Modesto forms as provided. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. Before submitting the forms, make sure to review the forms to avoid submitting duplicate forms.

Please confirm

Please confirm

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*Response required

1.4. In Case of Discrepancy*

In case of discrepancy between the "Unit Price" and the "Total Price" set forth for a unit basis item, the "Unit Price" shall prevail, except if the amount set forth as a unit price is unreadable, otherwise unclear, omitted, or is the same as the amount as the entry in the "Total Price" column, then the amount set forth in the "Total Price" column for the item shall prevail and shall be divided by the "Estimated Quantity" for the item and the resultant price thus obtained shall be the unit price.

By checking the "please confirm" box below, you acknowledge the above statement.

*Response required

1.5. Bidder Acknowledgement*

Bidders shall submit their bid using the bid schedule provided in this INF-IFB. All forms must be filled out by the bidder and included in the bidder's bid submittal. Bidders who fail to provide completed forms required may be deemed non-responsive bidders, and their bid rejected.

By confirming this bid, I hereby certify under penalty of perjury under the laws of the State of California and the United States of America that the information provided for this bid is true an correct.

By checking the "please confirm" box below, you acknowledge the above statement.

*Response required

2. Bidder Company Information

2.1. Bidder Company Type of Organization*

Please indicate the type of organization the Bidder's Company operates as.

Examples:

Corporation, Limited Liability Company, Partnership, Sole Proprietorship, etc.

Enter response

*Response required

2.2. Bidder Company Organization State*

Please indicate the State in which the Bidder Company operates out of.

Corporations must list the name of the state under the laws of which the corporation is chartered.

Enter response

*Response required

2.3. Principal(s) of Bidder Company*

List the principal(s) of the Bidder's company. If the Bid is made by an individual, his or her name and business street address must be provided here. If made by a firm or partnership, the name and business street address of each principal of the firm or partnership must be provided below. If made by a corporation, the name, title and business street address for the president, secretary and treasurer must be provided below.

Enter response

*Response required

2.4. City of Modesto Business License*

Does the Bidder Company currently possess a valid City of Modesto Business License?

NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes

No

*Response required

When equals "Yes"

2.4.1. City of Modesto Business License Number*

You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.

Enter response

*Response required

Please confirm

Please confirm

Please confirm

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2.5. State of California Contractor License Number*

Please provide your State of California Contractor License Number.

Enter information

*Response required

2.6. DIR Registration Number*

Please provide your State of California Department of Industrial Relations (DIR) Registration Number.

Enter information

*Response required

3. City Forms

3.1. Local Business?*

Are you (Bidder Company) a local bidder?

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

Yes

No

*Response required

When equals "Yes"

3.1.1. Support of Local Vendors*

You have indicated that the Bidder Company qualifies as a local business. Please download and complete the form provided here and upload back here as part of your electronic submittal.

Support_of_Local_Vendors_(2).pdf

*Response required

3.2. Subcontractors?*

Will the Bidder be using subcontractors for any purpose to perform work or labor or render services noted in this INF-IFB?

Yes

No

*Response required

When equals "Yes"

3.2.1. Subcontractors List*

Please download the below document, complete, and upload back here as part of your electronic submittal.

Subcontractor_List_IFB.pdf

*Response required

3.3. Additional Information (if needed)

For any additional information requested or required by any of your previously provided answers or as stated within this INF-IFB please upload the additional documentation here.

3.4. Submittal Confirmation*

Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

*Response required

Please confirm

6. Sample Purchase Order - Terms and Conditions

PURCHASE ORDER-TERMS & CONDITIONS

1. PAYMENTS: Payments shall be made upon submission of itemized invoices in duplicate at the prices stipulated herein for supplies delivered and accepted, or services rendered and accepted, less deductions, if any, as herein provided. Payment for partial deliveries may be made whenever amounts due so warrant or when requested by the Vendor and approved by the Purchasing Manager.

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2. INSPECTIONS: All materials and workmanship are subject to inspection and test by the City for Compliance with specifications as included herein, within a reasonable time after delivery. In the event articles or services are detective or not in conformity with this order, the City shall have the rights to either reject the items or require correction. Defective articles or services shall be removed from City premises and/or corrected by and at the expense of the Vendor.

Failure to inspect and accept or reject shall not relieve the Vendor from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

3. RESPONSIBILITY: Unless otherwise specified, the Vendor shall be responsibly for all items covered by this Purchase Order until delivered at the designated delivery point and the Vendor shall bear all risks as to items rejected or requiring correction after notice of such rejections or correction is given.

4. SHIPMENT: All items F.O.B. Destination unless otherwise specified. When authorized, freight to be prepaid. Do not ship collect. Original receipted freight bill must accompany invoice. Shipment must be made within the time stated on Purchase Order, failing which City reserves the right to purchase elsewhere and charge Vendor with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control, and without the fault or negligence of the Vendor.

5. CHANGES: This Purchase Order may at any time, by written order, be changed in regard to the materials or service to be furnished, quantities ordered, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid order. In the event such change causes an Increase or

Decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing

Manager, and written notice given, therefore.

6. WARRANTY: Notwithstanding any other provisions of the order, Vendor warrants that the materials, supplies or other services furnished shall be of the most suitable grade and exactly as specified in this order. Such warranty shall include the following: performance, workmanship, labor, materials, seller's design or engineering contributions. If a defect is discovered in any item of materials, supplies or services covered in this order, Vendor shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance. Upon expiration of the applicable warranty period. All such liability shall terminate except for fraud, or such gross mistakes as amount to fraud, latent defects or specific failure to comply with the terms of this order.

7. DISCOUNT: In connection with any discount offered, time will be computed from date of delivery to carrier when delivery and acceptance is at point of origin, or from date of delivery and acceptance if at destination or from date correct Invoice is received by City if invoice date is later than date of delivery.

8. INSURANCE: All orders where work, maintenance, or service is performed on City property require appropriate insurance and indemnification. Services will be suspended without proper insurance certificates being on file with the City. Contact the City Purchasing Office to verify the type and amount of insurance required.

9. EXEMPTIONS: The City is exempt from payment of Federal Excise Tax. All invoices shall be exclusive of such excise tax. If purchase is not subject to Sales

Tax, the statement for resale will appear in the body of the Purchase Order.

10. INFRINGEMENT: Vendor agrees to protect, indemnify and save harmless the City as buyer, its agents, officers, employees, and volunteers from any claim, loss or damage from infringement of trademarks patents, copyrights and unfair competition action with respect to this Purchase Order.

11. INDEMNITY: The Vendor shall hold the City, its agents, officers, employees, and volunteers harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Vendor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Purchase Order, except for claims arising from the willful or active negligence of the City. Vendor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Purchase order for Vendor to procure and maintain a policy of insurance. In the indemnity clause contained herein Vendor agrees to defend, indemnify and hold City harmless from the negligence of its employees, among other risks. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relating to the operation of City owned vehicles by Vendor's employees is apportioned to Vendor in accordance with the provisions contained in Indemnity.

12. GOVERNING LAW: This Purchase Order shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, U.S.A., without giving effect to its conflicts of laws, provisions or principles.

13. LIABILITY: The City shall not be responsibly for any damage that may accrue by reason of the death or injury of the person of the Vendor's officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the Purchase Order. The

Vendor shall save, keep, and bear harmless the City, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this Purchase Order or asserted against it.

14. DISPUTES: All disputes concerning questions of fact which may arise under this Purchase Order, and not disposed of by mutual consent, shall be decided by the Purchasing Manager.

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15. OFFER AND ACCEPTANCE: Vendor represents its acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Vendor's assent to the terms and conditions set forth in City's purchase order documents, specifications, supporting data, and these articles. Vendor agrees that Vendor's Order Acknowledgment terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders approved by the City's Purchasing Manager or his/her designated agent and issued to Vendor constitute written notification to Vendor of City's rejection of any and all of Vendor Order Acknowledgments, counter offers and changes to the City's terms and conditions.

16. CANCELLATION: The City reserves the right to cancel the order with the vendor upon failure to meet contractual expectations and/or obligations, as recommended by the Purchasing Manager or his/her designee. Either party may terminate the contract in its unilateral discretion for any or no reason by providing at least a sixty (60) days written notice of its desire to terminate.

17. ASSIGNMENT: Neither this purchase order nor any portion thereof shall be subcontracted or assigned without the written consent of the City in each and every instance.

18. MISCELLANEOUS: Time is of the essence in each and every provision of this purchase order.

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