IFB #14-PW-08-M-01 Waterline Construction Maske Road and FM 1518SCCHIE RZ` Z, City of 3ettMa
` � ®LICITATI ®N9 OFFER Purchasing &Asset Management
COMMUNITY, SERVICE, OPPORTUNITY 10 Commercial Place, Bldg #1
AND AWARD Seliertz, Texas 78154
Solicitation No. 14- PW- 08 -M -01
Invitation for Bid (IFB) I Date Issued:
TITLE: Water Line Construction: I I February 21, 2014
Maske Road and FM 1518 I
I
SOLICITATION Page 1 of 11 Pages
Bidders must submit Seale([ bids in triplicate signed original for furnishing the supplies, services or equipment identified in the Schedule.
Bids will be received at the Purchasing Depaitotent Office at the address shown above until 10:00 a.m. Central Time March 13, 2014
Bids received after the time and date set for submission will be returned unopened.
For Information Call: Rita Duprat -Waldo I Phone No.: (210) 619 -1160 Fax No.: (210) 619 -1169
(NO collect calls, Telephone, Enmil, On -Line or Pas offers accepted) Entail: RDuprat- Waldo@Nlschertz.eom
�5% Bid Bond Required: DYES ONO (if YES, See Para 4(d) of Terms and Conditions)
100% Performance Bond Required: D YES ONO (If YES, See Para 4(d) of Terms and Conditions)
OFFER (Must be fully completed by Bidder)
Bidder's State of Residence: (See Para. 6(f) of Ternns and Conditions)
Prompt Payment Terms: _% Discount if paid within (lays.
In compliance with the above, the undersigned offers and agrees to furnish anv or all items or services awarded at the prices stipulated for
within the time specified herein. Award shall include all solicitation documents and attachments.
FOR INFORMATION, CONTACT THE PERSON ABOVE.
MANUALLY SIGN ALL COPIES SUBMITTED. SIGNATURE IS MANDATORY.
*Submit Signed Offers in Triplicate Original* (Bidder E-Mail Address:
Name:
Business Address of Bidder:
I
Signature. (Date
Nance, Address and 'Telephone No. of Person
authorized to conduct negotiations on behalf o
Bidder.
(Applies to Request for Proposal only)
Name and Title of Person Authorized to Sign Offer (Type or Print):
Phone No.:
AWARD (To be Completed by CITY)
Contract # jAwarded as to itenn(s): (Contract Amount:
Vendor Code #: I Delivery Date or Term of Contract:
Remarks:
I
kas No.:
(Phis contract issued Pursuant to award made by City Council. Date: Agenda Item No.:
Lnpm7nnt; it trawl an ?) Lc an
tills form or• Gr Other
offcinl n7itterl notice, I NITA DUPRATAVA1.130, CPPO Director of Purchasing & Awl \lanagement DATE
53011 iiii +fir I 1M #
WATERLINE #'
FM 1518 (MATERIALS ONLY)
+'
S CHHRTZ
COMMUNITY a SERVICE, OPPORTUNITY
1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154
PAGE
4 T" Y "OT 114114110t
1. SCOPE OF CONTRACT — MATERIALS ONLY IFB: This is an Invitation for Bid is issued for
the City of Schertz, Maske Road and FM 1518 Waterline Construction Project. This IFB and all
responsive bid documents constitute a contract between the City and the successful bidder upon
completion of conditions precedent and subsequent. The bid calls for a specified quantity of
materials as shown in the Engineering Plans provided by Ford Engineering, Inc., and for which
City of Schertz incurs an obligation by award of a contract for materials. Award of this solicitation
obligates the bidder to deliver materials specified in the vendor's bid response for this project.
The City of Schertz reserves the right to award multiple agreements for materials in response to
this bid. Upon acceptance of a bid by City of Schertz Council and issuance of a Contract Award
by the City of Schertz City Manager, bidder shall be obligated to deliver the products at the stated
prices, within the time specified, and in accordance with all Terms and Conditions, and General
Provisions contained herein as specified in individual delivery orders.
(a) City of Schertz is obligated to pay for such orders above and to order all its
requirements against this contract for which award has been made. City of Schertz is not
obligated to order products not covered by this contract and is free to secure those
requirements from other sources in accordance with applicable purchasing statutes.
(b) Delivery Orders may be issued from date of Award, through the completion of the
Maske Road and FM 1518 Waterline Construction Project. All delivery orders are subject
to the terms and conditions of this contract.
(c) If mailed, a delivery order is considered "issued" when the City deposits the order in
the mail. Orders may also be issued orally or by fax.
(d) If the City's requirements do not result in orders in the quantities described as
"ESTIMATED" in the Schedule, that fact shall not constitute the basis for an equitable
price adjustment.
(e) If the City urgently requires delivery of any quantity of an item before the earliest date
that delivery may be specified under this contract, and if the Contractor will not accept an
order providing for the accelerated delivery, the City may acquire the urgently required
goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within
that period shall be completed by the Contractor within the time specified in the order.
The contract shall govern the Contractor's and City's rights and obligations with respect
to that order to the same extent as if the order were completed during the contract's
effective period.
2. CHANGES: The City of Schertz Purchasing Director may at any time, by written order,
and without notice to the sureties, if any, make changes within the general scope of this
contract in any one of the following:
(a) Drawings, designs, or specifications when the supplies to be furnished are to be
specially manufactured for the City in accordance with the drawings, designs, or
specifications.
(b) Method of shipment or packing.
(c) Place of delivery.
(d) Correction of errors of a general administrative nature which does not affect the
scope of the contract, or does not result in expense to the Contractor.
If any such change causes an increase or decrease in the cost of, or time required for,
performance of any part of the work under this contract, whether or not changed by the
order, the City Public Works Director shall make an equitable adjustment in the contract
price, the delivery schedule, or both, and shall modify the contract. The Contractor must
submit any "proposal for adjustment" under this clause within 30 days from the date of
receipt of the written order.
PAGE
1 DESIGNATED CITY HOLIDAYS: No deliveries or services will be required or accepted,
unless specific prior arrangements have been made, on designated holidays. Below is
the approved holiday schedule for 2014.
2014 City Holidays
Jan 1 — New Year's Day Jan 20 — Martin Luther King, Jr. Feb 17 — President's Day
Day
May 26 — Memorial Day Jul 4 — Independence Day Sept 1 — Labor Day
IOct 13 - Columbus Day Nov 11— Veterans Day Nov 27 — Thanksgiving Day
Nov 28 — Thanksgiving Dec 25 — Christmas Dec 26 — Christmas Holiday
Holiday
4. INSURANCE. LIABILITY AND INDEMNITY: During the period of this contract, contractor
shall maintain at his expense, insurance with limits not less than those prescribed below.
Contractor further agrees to indemnifv, defend. and hold Citv of Schertz harmless
from any and all causes of action arisinu from this contract. With respect to
required insurance, Contractor shall;
(i) Name City of Schertz as additional insured /or an insured, as its interests may
appear.
(ii) Provide City of Schertz a waiver of subrogation.
(iii) Provide City of Schertz with a thirty (30) day advance written notice of
cancellation or material change said insurance.
(iv) Provide the City Purchasing Director at the address shown on Page 1 of this
contract, a Certificate of Insurance evidencing required coverage within ten (10)
days after receipt of Notice of Award.
Submit a certificate of insurance reflecting coverage as follows:
a. Automobile Liability:
Bodily Injury (Each person) $250,000.00
Bodily Injury (Each accident) $500,000.00
Property Damage $100,000.00
b. General Liability (Including Contractual Liability):
Bodily Injury
Property Damage
c. Excess Liability:
Umbrella Form
$500,000.00
$100,000.00
$1,000,000.00
d. Worker's Compensation: Statutory
EIGIKHIlf • t •
PAGES
(a) Thoroughly examine the drawings, specifications, schedule, instructions, requirements.
and all other solicitation documents.
(b) Make all investigations necessary to be familiar with conditions that affect the bid, such
as but not limited to, plant and facilities for delivery of material and equipment. No plea of
ignorance by the bidder as a result of failure to investigate or examine conditions or
failure to fulfill details of the contractual documents will be accepted as a basis for varying
the requirements of City or changing the compensations due.
(c) City contracts are subject to all legal requirements of City, state or federal statutes and
regulations. Laws of the State of Texas and Guadalupe County apply.
(d) Provide all required information in the IFB. Print or Type name on bid and MANUALLY
SIGN ALL COPIES IN THE SPACE AND ON THE FORMS PROVIDED. Telephone,
Fax, Email and On -Line responses WILL NOT DE ACCEPTED unless specifically
authorized in the terms and conditions of the solicitation. If you obtained this solicitation
by Internet posting, your response shall not contain any alteration to the document
posted other than entering data in the spaces provided or including attachments as
necessary. By submission of a response, bidder affirms that no alteration of any kind has
been made to this solicitation.
(e) Provide unit prices and extension prices. Where there is disagreement in the unit and
extension prices, the unit price shall govern.
(f) Alternate Bids cannot be considered unless specifically invited and authorized by the IFB.
(g) Show your proposed delivery time. Include weekends and holidays in counting days or
months.
(h) Do not include federal taxes or State of Texas limited sales excise and use taxes in bid
prices since City is exempt from payment of these taxes. (Sec 151.309 Tax Code)
(i) Include cost of freight to destination(s) shown in the unit price in your bid. Only FOB
destination bids will be considered.
Q} All bids must be current and final at the time of opening in order to be considered
responsive. No bid will be accepted for consideration, and no award will be made, if at
the time of opening anything contained therein is contingent upon, or subject to, any
outstanding matter, including, but not limited to, any review, certification, or approval by
any party that has not been received.
(k) All documents related to this IFB (including plans) shall be placed on the Public Purchase
Website. To retrieve or download any documents Vendors are required to register with
Public Purchase and the City of Schertz using the www.oublic0urchase.com site.
Detailed instructions are available on the City of Schertz, Purchasing, Open Bids website.
2. BIDDER'S CERTIFICATIONS /AGREEMENTS - By submission of a bid:
(a) You certify that you are a duly qualified, capable, and otherwise bondable business
entity. You further certify that the Company, Corporation or Partnership does not owe
any back taxes to City. No award will be made to a firm owing back taxes to the City.
Additionally, if taxes become delinquent after an award has been made to you, that fact
may constitute cause for cancellation of this contract.
(b) You warrant that all applicable patents and Copyrights which may exist on items bid have
been adhered to and further, you warrant that City shall not be liable for any infringement
of those rights. Such rights granted City shall apply for the duration of the contract or for
t
PAGE 6
the life of the equipment or supplies purchased. City agrees not to sell, convey, barter, or
otherwise extend the use or exclusive right granted herein to anyone other than City
employees for official use as described in this contract. City will not knowingly or
intentionally violate any patent, license or copyrights applicable to items sold hereunder.
(e) You warrant that upon execution of a contract with City you will not engage in
employment practices which have the effect of discriminating against employees or
prospective employees because of age, race, color, sex, creed, or national origin and will
submit reports as City may require assuring compliance. Furthermore. City, its
contractors, their subcontractors and suppliers, as well as all vendors of goods,
equipment, and services, shall not discriminate on the basis of race, color, religion,
national origin, handicap, or sex in the award and /or performance of contracts. All
vendors, suppliers, professionals, and contractors doing business, or anticipating doing
business, with CITY shall support, encourage, and implement affirmative steps toward
the goal of establishing equal opportunity for all of the citizens of City.
(d) You certify that any substitute brand bid upon matches the performance and essential
characteristics of the item in the purchase description and agree to replace it in the event
it does not conform. All information, brochures, specifications, etc., necessary to
determine the alternate item conforms to that stated in the purchase description must be
submitted with each offer.
(e) You warrant that the offered price will be held firm and subject to acceptance by the CITY
for a time period that extends 30 days beyond the construction completion period.
(f) City is a government agency engaged in public projects where damages caused by
breach of contract are difficult or impossible to measure. Vendor agrees that the amount
of the bond is the amount of damage, except that if in the opinion of the City Council, the
failure to perform terms of the contract is the result of acts or events over which you have
no control the bond in whole or in part may be returned to you at the City Council's sole
discretion.
(g) You warrant that you employ or retain no one or no agency to solicit or secure this
contract where you have agreed to pay a commission, percentage, brokerage, or
CONTINGENCY FEE, except for your bona fide employees or your bona fide established
commercial or selling agencies that you maintain as a regular course of business.
Violation is cause for City to annul the contract without liability, or at its discretion to
deduct consideration from the contract price for the full amount of the commission,
percentage, brokerage, or contingent fee.
(h) You affirm that any response has not included any preparation in collusion with any other
bidder, and that the contents of any response as to prices, terms or conditions of said
response have not been communicated in any manner to any other person engaged in
this type of business prior to the official opening of this solicitation.
(i) You hereby assign to City any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et
M., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com.
Code, Section 15.01, et sec.
(a) Intent is to solicit bids on common commercially available items rather than restrictive
specifications. See 4.g. for method and timing required for any request for clarification or
objection to the solicitation.
(b) Any catalog or manufacturer's reference used in describing an item is merely descriptive,
and not restrictive unless otherwise noted, and is used only to indicate type and quality of
material. Bidders are required to state exactly what they intend to furnish; otherwise they
shall be required to furnish items as specified.
PAGE
(c) The term "Or Equal ", if used, identifies a commercially produced item which has all the
essential performance characteristics of the Brand Name stated in the item description.
Bids /proposals submitted on an OR EQUAL item must identify the Brand Name and
Model Number offered. If no entry is made in the "BIDDING ON" blank after each item,
the bidder must provide the exact brand name and model number specified in the item
description.
(d) Quoted material must be new and unused unless otherwise specified in the solicitation.
Remanufactured or reconditioned does not qualify as new.
: u •O •, - O
(a) Deliver your bid, or changes to bids, in SEALED ENVELOPES addressed to the City of
Schertz Purchasing Department, 10 Commercial Place, Building #1, Schertz, TX 78154
NAME AND ADDRESS OF BIDDER, DATE OF IFB BID CLOSING, MATERIAL OR
SERVICES BID ON, and "IFB 14- PW -08 -M -001" must be placed on the outside of the
envelope.
(b) Submit signed offers in TRIPLICATE ORIGINAL (unless otherwise indicated) on the
FORMS PROVIDED. ALL COPIES MUST BE MANUALLY SIGNED. Telephone, Fax,
Email and On -Line responses WILL NOT BE ACCEPTED unless specifically authorized
in the terms and conditions of the solicitation. If you obtained this solicitation by Internet
posting, your response shall not contain any alteration to the document posted other than
entering data in the spaces provided or including attachments as necessary. By
submission of a response, bidder affirms that no alteration of any kind has been made to
this solicitation. Modifications to offers on IFB's will be accepted by telephone notice or
fax up to time for IFB opening and modifications to the solicitation may be distributed in
that manner. Specific prices offered must not be exposed in telephone modifications.
(c) An authorized official of the firm must print or type his name and MANUALLY SIGN THE
BID.
(d) If the block is marked on page one for Bid BOND and Performance BOND, the following
applies:
(1) You must submit a Bid BOND equal to Five (5) percent of the amount of your offer
(2) Bid BOND must be in the form of a SURETY BID BOND executed with a Surety
Company authorized to do business in this State, or a cashiers check or certified
check, and MADE PAYABLE TO CITY OF SCHERTZ.
(3) The Bid BOND must be submitted with your offer. Within Ten (10) days of award, it
will be returned to you, if you are the unsuccessful bidder. If you are the vendor, it
will be held until a performance BOND is received as explained below.
(4) Vendor must provide a performance BOND to the CITY Purchasing Director within
Ten (10) days of notification of award of an RFP or within Five (5) days of notification
of award of an IFB. BOND must be in an amount equal to the percentage shown on
page 1 of the firm fixed quantity awarded, or of the estimated annual requirements if
no firm fixed quantity is awarded.
(5) The performance BOND must be in the form of a Surety BOND, executed with a
Surety Company authorized to do business in this State, and MADE PAYABLE TO
CITY OF SCHERTZ.
(6) Even though a contract may be awarded, no contract is deemed to exist until the
proper performance BOND has been received.
PAGE 8
(7) At your request, the performance BOND shall be returned by CITY upon completion
of the contract and final acceptance of all items on the contract.
(8) If the vendor fails to perform any of the services required by the contract within ten
days of receipt of written demand for performance from CITY or if the vendor fails to
correct or replace defective goods or products within ten days from receipt of written
demand, the contract is deemed BREACHED and is cause for termination of the
contract. A contract terminated for cause results in retention of the BOND by CITY
for LIQUIDATED DAMAGES, See 21
(e) Bids may not be withdrawn after the time set for the IFB opening /RFP closing, unless
approved by the City Council.
(f) Your offer (IFB or RFP) or a modification to your offer is LATE if received after the time
set for bid opening and shall be returned unopened and shall not be considered.
(g) If you need clarification or have any question as to the true meaning of specifications or
any other document in the solicitation, your concerns must be submitted in writing to the
City Purchasing Director on or before Ten (10) days prior to scheduled opening of bids.
Late requests will not be honored. Timely requests will be interpreted or otherwise
clarified by issuance of a modification to the solicitation distributed to all sources that
received a set of the solicitation. No other interpretations or clarifications will be provided
prior to award.
(h) Prompt payment discounts WILL NOT BE CONSIDERED in determining low bid and
making award. Prompt Payment Discounts offered by bidder, and earned by the City, will
be taken. For the purpose of computing the DISCOUNT PERIOD for payments, time will
begin upon satisfactory delivery of goods and /or submission of acceptable invoice,
whichever is later. Partial payments will not be made unless specifically requested and
approved by City prior to award of contract.
t • M i....
(a) PAYMENTS shall be made by check by City upon satisfactory delivery and acceptance of
items and submission of INVOICE to the address below:
CITY OF SCHERTZ FINANCE OFFICE PHONE #: 210 - 619 -1144
ACCOUNTS PAYABLE
1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154
(b) PROMPT PAYMENT ACT applies Texas Government Code Chapter 2251.
(c) See para 1. (1) for F.O.B. terms. Title and risk of loss of the goods shall not pass to City
until receipt and acceptance takes place at the F.O.B. point. Contractor will be
responsible to deliver to the destination(s) shown in the schedule (or in more detail in
resultant orders), unload, unpack or uncrate, set -up, and remove all cartons or packing
materials from the final destination at his expense, as applicable.
(d) No VARIATION IN QUANTITY of any item called for in this contract will be accepted
unless such variation has been caused by conditions of loading, shipping, or packing, or
allowances in manufacturing processes, and then only to the extent, if any, specified
elsewhere in this contract.
(e) The agency receiving deliveries against this contract or issuing Delivery Orders shall
INSPECT AND ACCEPT any and all deliveries made and reject those items which are
damaged or which do not conform to Item Descriptions. The vendor shall be responsible
for the proper labeling, packing, and delivery to final destination, including replacement of
rejected deliveries.
PACE
(f) Copies of WARRANTIES AND GUARANTEES equal to or better than those given the
bidder's most favored customer shall be submitted to the Purchasing Director at the
address shown on Page 1.
(g) NO CITY OFFICER, EMPLOYEE OR ELECTED OFFICIAL SHALL BENEFIT from this
contract. He /she may not hold a share or interest in its proceeds. If the award is to a
corporation, however, the provision does not apply to minority stockholders of publicly
traded corporations.
(h) NO GRATUITIES (in the form of entertainment, gifts, or otherwise) may be offered or
given by the Bidder or Vendor or any of his /her agents or representatives, to any City
officer or employee for the purpose of securing a contract or securing favorable treatment
in the award or amendment of a contract, or to determinations concerning performance of
the contract. Violation is cause for termination of the contract by written notice by the
City, followed by an opportunity for a hearing. The facts of the City Council findings can
be an issue for review by any competent court. Contractual remedies that apply to
BREACH of contract apply if terminated under this provision. A penalty of exemplary
damages, in an amount determined by City Council of not less than three nor more than
ten times the cost incurred by the violator in providing any gratuity, in addition to any
other damages to which City is entitled by law, is recoverable.
(i) If you change your name or ownership (NOVATION), notify the City Purchasing Director
immediately. The change must be approved by the City Council before any change can
be recognized in the contract. A fee of $100.00 per contract, made payable to City, for
administrative costs is required; then the contract will be modified to reflect the change.
(j) FORCE MAJEURE: Neither party can be held responsible for losses of any kind as a
result of causes not within their control, if reasonable diligence has been exercised to
prevent the loss or delay.
(k) PROTESTS. DISPOTES AND APPEALS: A contract may not be awarded to a bidder
who is not the lowest dollar bidder meeting specifications unless, before the award, each
lower bidder is given notice of the proposed award and is given an opportunity to appear
before City Council and present evidence concerning their responsibility.
(1) Protest before award must be submitted in writing to the City Purchasing Director and
shall be heard by City Council prior to award.
(2) Protests after award must be submitted in writing to the City Purchasing Director
within ten calendar days after notification of such award. The Purchasing Director
routinely will forward a written reply to the protestant within ten calendar days from
receipt thereof. If the protestant is not satisfied with the reply of the Purchasing
Director, the protestant may appeal the decision within ten calendar days after receipt
thereof, to the City Purchasing Director outlining in detail the exact point(s) of
disagreement. Should 'the matter not be resolved to the satisfaction of the
bidder /contractor, the appeal will be submitted to City Council. The appellant shall
then have the right to be heard in open court by City Council.
(3) The City Purchasing Director shall act as the City representative in the issuance and
administration of this contract, and shall issue and receive all documents, notices,
and correspondence. Such documents, notices, and correspondence not issued by
or received by the City Purchasing Director shall be null and void.
(4) The decision of City Council shall be final and conclusive, and shall be binding on all
parties concerned, appealable in a court of competent and in accordance with the
laws of the State of Texas.
(1) TERMINATION FOR DEFAULT: Termination for Default: Failure of the vendor to perform
any of the provisions of this contract shall constitute a breach of contract, in which case,
PAGE 10
the City may require corrective action within Ten Days (10) from date of receipt of written
notice citing the exact nature of such breach. Failure to take corrective action or failure to
provide a written reply within the prescribed 10 -days shall constitute a Default of contract.
The contractor shall be given a Thirty Day (30) period within which to show cause why
the contract should not be terminated for default. City Council may take whatever action
as its interest may appear, resulting from such notice. All notices for corrective action,
breach, default, or show cause, shall be issued by the City Purchasing Director, and all
replies shall be made in writing to the City Purchasing Director at the address shown on
Page 1. Notices issued by or to anyone other than the City Purchasing Director shall be
null and void, and shall be considered as not having been issued or received. If
defaulted, the contractor shall be liable for liquidated damages, if any, as stipulated
elsewhere in this contract. City reserves the right to enforce the performance of this
contract in any manner prescribed by law in the event of breach or default of this
contract, and may contract with another party with or without solicitation of bids or further
negotiations. As a minimum, Contractor shall be required to pay any difference in the
cost of securing the products or services covered by this contract, or compensate for any
loss to City should it become necessary to contract with another source because of
default, plus reasonable administrative costs and attorney's fees.
(m) If it is in the PUBLIC INTEREST TO TERMINATE the contract, the City Council reserves
the right to do so. If terminated for the public good, all costs directly attributable to work
done or supplies obtained in preparation for completion or compliance with the contract
prior to termination will be paid. Costs are excluded which are recoverable in the normal
course of business or which can be mitigated through the sale of supplies or inventories.
In the event City pays for supplies or materials, they shall become the property of City
and shall be delivered to the FOB point shown in the contract, or as designated by the
City Purchasing Director. No anticipated profits are payable.
(n) CONTRACT CONSTRUCTION:
(1) Provisions Words, Phrases, and Statutes, whether incorporated by actual use or by
reference, shall be applied to this contract in accordance with Government Code 311.001
et seq Code Construction Act. Wherever "City" is used herein, it is understood to mean
"City of Schertz, Texas ".
(2) In the event of inconsistency between provisions of this solicitation, the inconsistency
shall be resolved by giving PRECEDENCE in the following order: (a) the Schedule of
Items /Services and Specifications; (b) Special Provisions; (c) General Provisions; (d)
Terms and Conditions of Request for Proposal /Invitation for Bid; (e) other provisions,
whether incorporated by reference or otherwise.
(3) The written contract is the SOLE AGREEMENT between the parties and supersedes
any prior understanding or written or oral agreement on the subject matter.
(4) No provision of the contract shall be deemed waived, amended, or MODIFIED unless
such change is IN WRITING AND SIGNED by both parties.
(5) Terms addressed in the solicitation apply to the contract, as well.
(o) After IFB opening /RFP closing and prior to award, City reserves the right to make a PRE -
AWARD SURVEY of any or all bidder's facilities and equipment to be used in the
performance of work under this solicitation. Bidder agrees to allow all reasonable
requests for inspection with two (2) days advance notice. Failure to allow such an
inspection is cause for rejection of bids as non - responsive. City reserves the right to
reject facilities or equipment as a result of this survey. In addition, bidder's reputation
relating to quality of performance may also be used for purposes of evaluating bidder's
suitability for award of this solicitation. Additionally, you may be required to make
appropriate financial data available for review. An acceptable review would result in the
data being returned. Should the data be the basis for a determination of non -
responsibility, then the data would be presented to City Council and filed for record
PAGE 11
IMIATiT /\77d3 wwTP.Y➢ 7[Ni P
(a) Award will be made to the responsible bidder(s) who submits the lowest and best bid, or
to the responsible bidder whose proposal is most advantageous to the CITY, price and
other factors considered. After approval by City Council, award will be made by the CITY
Manager signing and attaching the award portion of the successful proposal and
delivering it to the successful bidder. No contract exists until the signed document is
delivered.
(b) CITY reserves the right to accept any item or group of items offered, unless the bidder
qualifies his bid by specific limitations. The bid can be on an "ALL OR NONE' basis if
wording in the bid so states and if all iterns solicited are included in the bid.
(c) CITY may reject a bid (or all bids) if not satisfactory to City Council. CITY also reserves
the right to waive minor informalities or irregularities in any bid.
(d) Other factors may be considered in determining the successful bid when they are
applicable: cost of any test or inspections, cost of delivery to final destination under
unusual circumstances, warrantees and guarantees, delivery or performance period, and
ability to deliver or perform.
(e) Ties will be broken by consideration of delivery time or delivery schedule