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TERMS AND
CONDITION OF INVITATIONS FOR BIDS
Bidders
are required to submit their bids upon the following expressed conditions: (a)
Bidders shall thoroughly examine the drawings, specifications, schedule(s),
instructions and all other contract documents.
(b)
Bidders shall make all investigations necessary to thoroughly inform
themselves regarding plant and facilities for delivery of material and equipment
as required by the bid conditions. No
plea of ignorance by the bidder of conditions that exist or that may hereafter
exist as a result of failure or omission on the part of the bidder to make the
necessary examinations and investigations, or failure to fulfill in every detail
the requirements of the contract documents, will be accepted as a basis for
varying the requirements of the City or the compensation to the vendor. (c)
Bidders are advised that all City contracts are subject to all legal
requirements provided for in the City Charter and/or applicable City Ordinances,
state and federal statutes. Any
bid, after being opened, becomes subject to the Open Information Act, Government
Code Chapter 552, therefore bidders must clearly indicate any portion of the
submitted bid that the bidder claims is not subject to public inspection under
the Open Information Act. (d) No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, or shall benefit financially, directly or indirectly, in the sale to the City of any materials, supplies or services, except on behalf of the City as an officer or employee. This prohibition extends to the City Public Service Board, San Antonio Water System, and all City boards and commissions other than those which are purely advisory. In this instance a City employee is defined as any employee of the City who is required to file a financial involvement report pursuant to the City’s ethics ordinance. Bids will be
prepared in accordance with the following: (a)
All information required by the bid form shall be furnished or the bid
may be deemed non responsive. The
bidder shall print or type name and manually sign the Invitation for Bids. (b)
Where there is a discrepancy between the unit price and the extended
price, the unit price shall prevail. (c)
Any bid that is considered for award on an “all or none” basis must
include a price quote for all units or line items.
Any bid that is considered for award by each unit or line item must
include a price for each unit or line item for which the bidder wishes to be
considered. Any ambiguity in the
bid as a result of omission, error, unintelligible or illegible wording shall be
construed in the favor of the City. (d)
Alternate bids may be allowed at the sole discretion of the City. (e) Bidders will neither include federal taxes nor State of Texas limited sales excise and use taxes in bid prices since the City of San Antonio is exempt from payment of such taxes. An exemption certificate will be signed by City where applicable upon request by bidder. 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. Each bid must
clearly identify the proposed product, the quantity of the product, model, and
type, as applicable. Prorata
adjustments to packaging and pricing may be allowed at the sole discretion of
the City. 4.
ASSURANCE OF COMPLIANCE - EQUAL EMPLOYMENT OPPORTUNITY AND SMALL AND/OR
MINORITY BUSINESS ADVOCACY REQUIREMENTS It is the policy of the City of San Antonio that Small and/or Minority Business Enterprises shall have the maximum practicable opportunity to participate in the performance of public contracts. Bidder agrees that if this bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap or political belief or affiliation. In addition, bidder agrees, by submittal of this bid, that he/she will abide by all applicable terms and provisions of this Nondiscrimination Clause and the Small Business Advocacy Clause. These clauses are available in the City’s Department of Economic and Employment Development and the City Clerk’s Office. 5.
SAMPLES, DEMONSTRATIONS AND TESTING
(a)
Bids in triplicate shall be enclosed in sealed envelopes addressed
to the City Clerk, City of San Antonio. The
name and address of bidder, the date and hour of the bid opening, bid number and
title of the bid solicitation shall be marked on the outside of the envelope(s). (b)
Bids must
be submitted on the forms furnished. Facsimile
bids must be submitted in accordance with Par. 6 (a) above.
Bids, however, may be modified provided such modifications are sealed and
received by the City Clerk prior to the time and date set for the bid opening.
However, the City of San Antonio shall not be responsible for lost or
misdirected bids or modifications. (c) By submittal of this bid, bidder certifies to the best of his/her knowledge that all information is true and correct. 7.
REJECTION OF BIDS (a)
The City may reject a bid if: 1. The bidder misstates or conceals any material fact in the bid; or 2.
The bid does not strictly conform to law or the requirements of the bid; 3.
The bid is conditional, except that the bidder may qualify the bid for
acceptance by the City on an “All or None” basis or a “Low Item” basis. An
“All or None” basis bid must include all items upon which bids are invited.
(b)
In the event that a bidder is or subsequently becomes delinquent in the
payment of his, her or its City taxes, including state and local sales taxes,
such fact shall constitute grounds for rejection of the bid, or if awarded the
bid, for cancellation of the contract. However,
the City reserves the right to deduct any delinquent taxes from payments that
the City may owe to the delinquent bidder as a result of such contract. (c) The City may, however, reject all bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid unless the bid has been qualified as provided in Par. 7 (a) 3 above. The City at its sole discretion may also waive any minor informalities or irregularities in any bid, to include failure to submit sufficient bid copies, failure to submit literature or similar attachments, or business affiliation information. 8.
WITHDRAWAL OF BIDS Bids may not be withdrawn after the time set for the bid opening, unless approved by the City Council. 9.
LATE BIDS OR MODIFICATIONS Bids and modifications received after the time set for the bid opening will not be considered. 10.
CLARIFICATION TO BID SPECIFICATIONS (a)
If any person contemplating submitting a bid for this contract is in
doubt as to the true meaning of the specifications, other bid documents, or any
part thereof, he/she may submit to the City Director of Purchasing on or before
seven calendar days prior to scheduled opening, a request for clarification.
All such requests for information shall be made in writing and the person
submitting the request will be responsible for its prompt delivery.
Any interpretation of the bid, if made, will be made only by Addendum
duly issued. A copy of such
Addendum will be mailed or delivered to each person receiving bids.
The City will not be responsible for any other explanation or
interpretation of the proposed bid made or given prior to the award of the
contract. Any objections to the
specifications and requirements as set forth in this bid must be filed in
writing with the Director of Purchasing on or before seven calendar days
prior to the scheduled opening. (b) The City reserves the right to request clarification to assist in evaluating the bidder’s response when the bid response is unclear with respect to product pricing, packaging or other factors. The information provided is not intended to change the bid response in any fashion and such information must be provided within two days from request. 11.
DISCOUNTS (a)
Prompt payment discounts will be considered in making the award provided
the period of the discount offered is sufficient to permit payment within such
period in the regular course of business (minimum ten days). (b) In connection with any discount offered, time will be computed from the date of receipt of supplies or services, or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 12.
AWARD OF CONTRACT (a)
Per Section § 252.043 of the Texas Local Government Code, the contract
will be awarded to either the lowest responsible bidder or to the bidder who
provides goods and/or services at the best value for the City.
In determining best value, the City may consider price, reputation,
quality, past relationship with City, SBEDA requirements, long term cost and any
other relevant factors. (b)
The City reserves the right to accept any item or group of items on this
bid, unless the bidder qualifies his/her bid by specific limitations.
Re Par.7 (a) 3 above. (c)
A written award of acceptance (manifested by a City Ordinance) and
appropriation mailed or otherwise furnished to the successful bidder results in
a binding contract without further action by either party. (d)
The City of San Antonio reserves the right to utilize previous purchases
as a basis for evaluation of bids when future usages are unable to be
determined. (e)
Breaking of tie bids shall be in accordance with the Texas Local
Government Code § 271.901. (f) Although the information furnished to bidders specified the approximate quantities needed, based on the best available information where a contract is let on a unit price basis, payment shall be based on the actual quantities supplied. The City reserves the right to delete items, prior to the awarding of the contract, and purchase said items by other means; or after the awarding of the contract, to increase or decrease the quantities bid in accordance with § 252.048 of the Texas Local Government Code. No changes shall be made without written notification of the City. 13. CONTRACT
TERMINATION TERMINATION-BREACH: (a) Should vendor fail to fulfill in a timely and proper manner, as determined solely by the Director of Purchasing & General Services, its obligations under this contract, or violate any of the terms of this contract, the City shall have the right to immediately terminate the contract. Notice of termination shall be provided in writing to the contractor, effective upon the date set forth in the notice. Such termination shall not relieve the vendor of any liability to the City for damages sustained by virtue of any breach by the vendor. TERMINATION-NOTICE: (b) Either party may cancel the contract at any time after award. The City shall be required to give the vendor notice thirty days prior to the date of cancellation of the contract. The vendor shall be required to give the City written notice sixty days prior to the date of cancellation of the contract. TERMINATION-FUNDING: (c) City retains the right to terminate this contract at the expiration of each of City’s budget periods. This contract is conditioned on a best efforts attempt by City to obtain and appropriate funds for payment of any debt due by City herein. 14. DELIVERY
OF GOODS/SERVICES (a)
All
materials are to be delivered F.O.B., City of San Antonio’s designated
facility. (b) Delivery
dates pertaining to this invitation must be clearly stated in the bid form where
required and include weekends and holidays.
Failure to comply with this requirement may be a cause for
disqualification of the bid. Unless
otherwise specified, delivery at the earliest date is required.
The bidder will clearly state in the bid the time required for delivery
upon receipt of contract or purchase order.
Proposed delivery time must be specific and such phrases “as
required”, “as soon as possible” or “prompt” may result in
disqualification of the bid. (c)
Upon award of a contract, the vendor is obligated to deliver the goods to
the destination specified in the Invitation for Bids or the Purchase Order and
bears the risk of loss until delivery. If
this Invitation for Bids or Purchase Order does not contain delivery
instructions, bidders shall request instructions in writing from the Director of
Purchasing. If the delivery
instructions contained in the Invitation for Bids allocate delivery costs and
risks in a manner contrary to this section, the provisions of this Invitation
for Bids shall prevail. (d)
When delivery is not met as provided for in the contract, the Purchasing
Department reserves the right to make the purchase on the open market, with any
cost in excess of the contract price paid by the vendor, in addition to any
other damages, direct or consequential, incurred by the City as a result
thereof. In addition, failure of
the vendor to meet the contract delivery dates will be cause for removal of the
vendor from the City’s list of eligible bidders as determined by the
Purchasing & General Services Department. 15.
PERFORMANCE DEPOSIT (a)
The following provisions shall apply only when a performance deposit is
specified as required in this Invitation for Bids. (b)
The successful vendor must furnish the City of San Antonio with a
performance deposit in the amount set forth in the Invitation For Bids.
This deposit is not to be submitted with the bid, but must be presented
to the Purchasing & General Services Department within ten days from
request. (c)
The City of San Antonio will not enter into a contract or issue a
purchase order until the successful vendor has complied with the performance
deposit provisions. (d)
The performance deposit shall be in the form of a performance bond (in a
form acceptable to the City Attorney), cashier’s check, certified check upon a
state or national bank or trust company, or a check on such bank or trust
company signed by a duly authorized officer thereof (checks to be drawn payable
to the City of San Antonio), or a Certificate of Deposit from such bank or trust
company assigned to the City of San Antonio, or an irrevocable letter of credit
from a state or national bank or trust company. (e)
The performance deposit of the successful vendor shall be returned by the
City upon completion of the contract and final acceptance of all items in
accordance with conditions thereof. (f)
Failure
of successful vendor to perform any of the services required by this contract
within ten days of receipt of written demand for performance from City,
or failure of vendor to correct or replace defective goods or products within ten
days from receipt of written demand therefore, shall constitute a total breach
of this contract and shall cause this contract to terminate immediately upon the
expiration of the ten day period. In
the event of such termination, the performance deposit shall be retained by the
City of San Antonio as liquidated damages, based upon mutual agreement and
understanding between vendor and City at the time this bid is solicited,
submitted and accepted, that the City of San Antonio is a governmental agency
engaged in public projects, and that the measurement of damages, which might
result from a breach of the terms and specifications herein is difficult or
impossible to determine. However, the Director of Purchasing & General Services
with the concurrence of the City Manager, may return all or part of the
performance deposit to the vendor if the Director determines, in the
Director’s sole discretion, that the failure to perform the conditions of this
contract was the result of acts or events over which the vendor had no control.
The determination shall then be final and binding on all parties. 16.
INDEPENDENT CONTRACTOR It
is expressly understood and agreed by both parties hereto that the City is
contracting with the successful vendor as an independent contractor. The parties hereto understand and agree that the City shall
not be liable for any claims which may be asserted by any third party occurring
in connection with the services to be performed by the successful vendor under
this contract and that the successful vendor has no authority to bind the City. 17.
BID RESULT REQUEST Any party who wishes to be provided documents relating to the bid results shall make a request in writing. Pursuant to state law, the City may assess a fee in order to recoup the cost related to providing the requested information. 18.
PATENTS/COPYRIGHTS The
successful vendor agrees to indemnify and hold the City harmless from any claim
involving patent infringement or copyrights on goods supplied. 19.
INDEMNITY (a)
CONTRACTOR covenants and
agrees to FULLY INDEMNIFY and HOLD
HARMLESS, the CITY and the
elected officials, employees, officers, directors, and representatives of the CITY, individually or collectively, from and against any and all
costs, claims, liens, damages losses, expenses, fees, fines, penalties,
proceedings, actions, demands, causes of action, liability and suits of any kind
and nature, including but not limited to, personal injury or death and property
damage, made upon the CITY, directly
or indirectly arising out of resulting from or related to CONTRACTOR’S
activities under this CONTRACT,
including any acts or omissions of CONTRACTOR,
any agent, officer, director, representative, employee, consultant or
subcontractor of CONTRACTOR, and
their respective officers, agents, employees, directors and representatives
while in the exercise or performance of the rights or duties under this CONTRACT, all without, however, waiving any governmental immunity
available to the CITY under Texas Law
and without waiving any defenses of the parties under Texas Law.
The provisions of this INDEMNIFICATION are solely for the benefit of the parties hereto and
not intended to create or grant any rights, contractual or otherwise, to any
other person or entity. CONTRACTOR
shall promptly advise the CITY in
writing of any claim or demand against the CITY
or CONTRACTOR known to CONTRACTOR
related to or arising out of CONTRACTOR’S
activities under this CONTRACT and
shall see to the investigation and defense of such claim or demand at CONTRACTOR’S cost. The
CITY shall have the right, at its
option and at its own expense, to participate in such defense without relieving CONTRACTOR
of any of its obligations under this paragraph. (b) It is the EXPRESS INTENT of the parties to this contract, that the INDEMNITY provided for in this section, is an INDEMNITY extended by CONTRACTOR to INDEMNIFY, PROTECT and HOLD HARMLESS the CITY from consequences of the CITY’S OWN NEGLIGENCE, provided however, that the INDEMNITY provided for in this section SHALL APPLY only when the NEGLIGENT ACT of the CITY is a CONTRIBUTORY CAUSE of the resultant injury, death, or damage, and shall have no application when the negligent act of the CITY is the sole cause of the resultant injury, death, or damage. CONTRACTOR further AGREES TO DEFEND, AT ITS OWN EXPENSE and ON BEHALF OF THE CITY AND IN THE NAME OF THE CITY, any claim or litigation brought against the CITY and its elected officials, employees, officers, directors and representatives, in connection with any such injury, death, or damage for which this INDEMNITY shall apply, as set forth above. 20. INSURANCE If required, specific insurance provisions will be
included in bid specifications. An
original, certified copy of an insurance certificate must be submitted within ten
days from request. The successful
vendor will be required to maintain, at all times during performance of the
contract, the insurance detailed in bid specifications.
Failure to provide this document may result in disqualification of bid. 21.
ACCEPTANCE BY CITY
The City shall have a reasonable time (but not less than 30 days) after
receipt to inspect the goods and services tendered by vendor.
The City at its option may reject all or any portion of such goods or
services which do not, in City’s sole discretion, comply in every respect with
all terms and conditions of the contract. The
City may elect to reject the entire goods and services tendered even if only a
portion thereof is nonconforming. If
the City elects to accept nonconforming goods and services, the City, in
addition to its other remedies, shall be entitled to deduct a reasonable amount
from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non-conditional, shall
not be deemed a waiver or settlement of any defect in such goods and services. 22.
WARRANTY The
supplies or services furnished under this contract shall be covered by the most
favorable commercial warranties given to any customer for same or similar
supplies or services. 23. CHANGE ORDERS No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders will be made in writing by the City of San Antonio Purchasing & General Services Department. 24.
ASSIGNMENT The
successful vendor shall not sell, assign, transfer or convey this contract in
whole or in part, without the prior written consent of the City of San Antonio
Purchasing & General Services Department.
Any such assignment or transfer shall not release vendor from all
contractual obligations. 25.
INTERLOCAL PARTICIPATION (a)
The City may, from time to time, enter into Interlocal Cooperation
Purchasing Agreements with other governmental entities or governmental
cooperatives (hereafter collectively referred to as “Entity” or
“Entities”) to enhance the City’s purchasing power.
At the City’s sole discretion and option, City may inform other
Entities that they may acquire items listed in this Invitation for Bids (hereafter “IFB”). Such
acquisition(s) shall be at the prices stated herein, and shall be subject to
bidder’s acceptance. Entities desiring to acquire items listed in this IFB shall be listed on a rider attached
hereto, if known at the time of issuance of the IFB.
City may issue subsequent riders after contract award setting forth
additional Entities desiring to utilize this bid. VENDOR shall sign and return any subsequently issued riders
within ten calendar days of receipt. (b)
In no event shall City be considered a dealer, remarketer, agent or other
representative of Vendor or Entity. Further,
City shall not be considered and is not an agent; partner or representative of
the Entity making purchases hereunder, and shall not be obligated or liable for
any such order.
(c)
Entity purchase orders shall be submitted to Vendor by the Entity. (d)
Vendor
authorizes City’s use of Vendor’s name, trademarks and Vendor provided
materials in City’s presentations and promotions regarding the availability of
use of this contract. The City
makes no representation or guarantee as to any minimum amount being purchased by
City or Entities, or whether Entity will purchase utilizing City’s contract. CITY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, PAYMENT, AND FOR ANY ITEM ORDERED BY AN ENTITY OTHER THAN CITY. 26.
QUESTIONS
Questions regarding interpretation of bids, bid results or bid awards
should be directed to the Purchasing & General Services Department at (210)
207-7260 and referenced by bid number. |