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<br />SEPT. 1m
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<br />TERlolS A.'iD CONDITIONS OF l:-VTTA nON FOR BIOS (IFB)
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<br />Pas" ,
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<br />(b) An award sheet atta<hed to the c:omplele bid 3S submilled. or other wrilltn .<<tplan<t. signed by the
<br />City Manager or his designee and mailed or otherwise furnished to the su<=ful bidder T'l!SUIts in a binding
<br />c:ontta<t without further action by tither party. The Contra<llime will <ommenct to run immedialtly upon
<br />award o( a Conlra<!. When any ptriod o( time is re(trred to in the c:onlr3<l do.:umtnts by days, it will be
<br />c:ompUledto v.dude the fIrst and indude the last day o( su<h ptriod. If the last day of any su<h ptriod (alIs
<br />01\ a Saturday or Sunday or on a day made a legal holiday by the CITY, su<h day will be omitted from the
<br />c:omp_tion.
<br />(d Pri<es must be quoted P.o.a DESTlNATIOHwith all transportation <harges prepaid. unless othesw;se
<br />$ptcified in the Invitation (or Bid$. (See Par. 26 below)
<br />(d) The Delivery l1me or Delivery 5<hedule offered by bidder$ will be c:onsidered in determining the
<br />lowest and best bid and in the brealting o( tie !ewes! bid$ (or purpose o( awards. In the <vent o( lie lowest
<br />and best bids, induding delivery, award shall be detennined by drawing lots in a manner p~ by the
<br />MaY'lr.
<br />(e) Other award fa<!or$to be c:onsidered indude; (i) administrative expense in making multiple awards,
<br />however, CITY shall only maXe award 10 more than one bidder if and when, in so doing. the additional award
<br />results in a minimum savings o( Two Hundred and Fifty 001Jar$ (S2S0.00). This Two Hundred and Fifty
<br />Dollar (S2S0.00) amount represents CITY'S administrathoe exptnse (dire<! and iIldire<:t: ccsts) o( malting
<br />individual awards to respective bidders. Unless a bidder qualifies his bid as outlined in Paragraph 8 (u.l
<br />a~ CITY reserves the right to maXe award in suc:h a manner that the maximum possible ..vin'll' are
<br />lI<lUeved.
<br />Multiple awards shall be made only when ne<essary 10 obtain all required items, or servi<e, when savings
<br />offset the administrative exptnse, or as otherwise detennined by Ciry Coundl to be in the best interest o( the
<br />CITY; (;'1 warranty/guarantee ptriod or extent of c:overage; and (iii) ability to deliver or ptrfonn as
<br />determined by pre-award surveys when <aIled (or by the solidtation.
<br />(0 The Stall! of Texas does not provide Texas residenl bidder$ any advantage over nonresident bidden
<br />in the tvaluation o( bids or award o( c:ontracts. -rexas resident bidder" means a bidder whose principal plate
<br />ofbusiness is in Texas, and indudes a c:ontra<lor whose ultimate parent c:ompany or majority owner has its
<br />principal plate of business in Texas. V.A.c.s. Artide 60Ig prohibits award to a non-Texas resident bidder
<br />(rom any stale whic:h provides iu resident bidder$ with an advantage over Texas resident bidder$ unless the
<br />lIC\\- Texas resident bidder is lower than the Texas resident bidder by the same or greater amount that Texas
<br />resident bidder$ must be lower than the resptc:tive Slall!'S resident bidder$ in order to "",.in an award. This
<br />provision does, not apply to a c:ontta<t involving (ederal (unds.
<br />W Contra<lor shall not advertise or publish, without CITY'S prior written c:onselll, the fa<! that CITY
<br />has entered into this c:ontta<l, ex<eplto the extent neeessary to c:omply with proper requests (or information
<br />fron> an authorized rep~ntative of the federal, stall!, or loc:aI governmenL
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<br />11. nx:HNICALIlEPRESENTATIVES: The issuanc:e of advke, approvals, or instructions by CITY'S techni<aJ
<br />'~nnel or other rep~ntatives shall be deemed expressions o( pt""na1 opinion only lUld shall _ affe.:t
<br />:1YS or Contra<lOr's rights and obligations hereunder unless same is in a writing and signed by an
<br />,joMorized representative o( CITY and whkh expressly Slates that it c:onslitull!S an amendment hereto. CITY'S
<br />engineering and t..hni<aI pt""nnel may render assistan<e, or give t..hnkaI advke to, or effe.:t an ex<hange
<br />o( information with, the Contra<:lor's pt""nnel in a liaison effort c:on<eming the goods to be furnished
<br />hereunder. Sucll exchange o( information or advke shall neither authorize the Contta<lOr to ehange the
<br />goods hereunder. or the provisions o( the c:ontta<l, nor shall su<h <hange in the goods or provisions of this
<br />contta<t be binding upon the CITY unless in<orporated as a <hange in atc:ordan<e with the appli<able <hange
<br />provision.
<br />
<br />1'l. lUCIn'1O ASSU1lANCE: Whenever one party to this contra<:l in good faith has reason to question the
<br />other party's intent to ptrform, the (onner may demand that the other party give wrillen assurance of intent
<br />to perlorm. In the event that a demand is made and no assuran<e is given with Five (5) days, the demanding
<br />party may U'eat this (ailure as an anticipatory repudiation o( this c:ontrac:L
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<br />13. CDHl1lACTOR 10 PACKAGE GOODS: Contta<tor will pac:kage goods in a<c:ordan<e with good
<br />commerdaI prac:ti<e and <arrier's requirements. All container$ shall be marked so as to identify the c:ontena
<br />without optning. Each shipping c:ontainer shall be dearly and ptrmanendy marked as (ollows:
<br />(i) Contta<tor's name and address.
<br />(ill CITY'S name and address and appli<able c:ontrac:t andlor deliYuy order.
<br />(u.l Container number and total number o( <ontainer$, e.g. Box 1 o( 4 Boxes.
<br />(iv) The number o( the <ontainei' bearing the pa<king slip.
<br />(a) Conlra<:lor shall bear the c:ost o( pa<kaging unless otherwise provided. Goods shall be suitably
<br />P"<1ced to sec:ure !ewes! transportation c:ost3 and shall con(onn with all appti<able specifICations. CITY'S
<br />COWlt or wtight shall be fInal and c:on<lusive on shipmenu not atc:ompanied by pa<king lists.
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<br />H.. SlllPMENT UNDER RESal'/ATIOH PROIIIBI1ID: Contra<:lor is not authorized to ship the goods under
<br />reservation and no tender of a bill or lading will optrate as a tender o( goods.
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<br />IS. NO llEl'lACDdENT OF DEfECl'lVE 1DIDER= Eyery tender or delivery o( goods must (ully c:omply with
<br />all provisions o( this c:ontta<t as to. quality and the like. I( a tender is made whith does not fully c:onIorm,
<br />this shall c:onstitute a breath and Contra<lor shall not have the right to substitute a c:onIorming lender,
<br />provided, where the time (or perlorman<e has not yet expired, the Contra<:lor may noliIy CITY o( his
<br />intention to <lire JU<h breath and may then make a c:on(orming tender within the c:ontra<! lime but llOl
<br />afterward.
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<br />16. ~ MANUAlS AND pAR1S O,TAL(X;S: Contra<tor shall furnish CITY at least Two (2)
<br />maintenan<:e or servi<e manuals and partS eataloll' for all goods furnished under this c:ontraCL DeD.ay ir
<br />DOl camplese IIIIIiI such _..... and ClIIIaiop _ ro:a:Md by the Cily ~ Ar.=c-
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<br />17. WAARANTY 01' PRJCE: The price to be paid by the OTY sball be that contained in Contta<tor's Bid
<br />which Contrac:lOr warrants to be no higher than Contra<lor's <unent pric:es on order$ by othen (or produc:u
<br />or servi<:es o( the kind and .peciflCation c:overed by this c:ontra<t (or similar quantities under similar or 1ike
<br />collciilioas and methods o( purc:hase. In the event Contra<lor breathes ,his wammty, the prices o( the items
<br />or servi<es shall be reduc:ed to the Conlra<:lOr's <urrent prices on orde~ by other$, or in the alternative, CITY
<br />may <an<:el this c:ontrac:t without liability to Conlra<:lOr for bre&:h, or Conlra<lOr's ac:tual exptnse. During the
<br />coune of this c:onuaec. OTY will be given the opportunity to take advantage o( any general price de<n_
<br />Oft the hems ordered.
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<br />1L SAfETY WAIlIlAH1Y: ContnldOr wanants that the goods sold to OTY shall c:onIonn to the standards
<br />promulgated by the US. Depanmento(Labor under the Oc:<upational Sa(erylUld Health A<l (OSHA) o( 1970,
<br />.. amended. In the event the goods do not c:onIorm to OSHA standards, CITY may retum the goods (or
<br />lWftC:tion or rep~ement at the Conlra<:lor's exptnse. In the <vent Contrattor rails io make the appropriate
<br />eornc:tion or replatement within a reasonable time, C:Orre<lion will be made by CITY at Conlra<:lor's expt-.
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<br />19. pA"TEl'05, INDEMNlF1CATIOH, AND INFRINGEMENT: Con=r as"'<' to indemnify and S3'
<br />harmless the CITY and all pt=ns daiming under the CITY, against all daims. suits. demands, or damaS'"
<br />for a1leged or a<tuaI infringement or patena, c:opyrights, or trademarks by the maltriab or goods furnish""
<br />hertunder wtIess the ..me are ac:c:ording to the CITY'S drawings or designs. Conlr.l<lor as"'<' 10 prote<!.
<br />indemnify, lUld save hannIess the CITY from any daim, Ioso, or damage from infringement o( tradema~
<br />patents, copyrights, lUld unfair c:ompetition lI<lions with respect to goods .peeified herein.
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<br />n PIlOTESTS: Any protests, before or alter award, must be submilled in writing to the Purchasing Agent.
<br />Prote:su before award must be submitted not later than Six (6) <alendar days after bid optning. Sucl>
<br />prote:su shaII be ruled on by City Council and redu<ed to writing. A written reply to the protest shall be
<br />forwarded to the Bidder or Contrac:lOr by the purc:hasing AgenL (See Par. 12). Protests after award mUSl
<br />be submitted within Teo (10) days alter award by City Coundl.
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<br />21. DISPU'tiS AND APPUolS: The o.q Counc:il shall be the SQIe and fir.alauthority on issu.es ",latin,...
<br />this c:olllrac:L The Purc:hasing Agent shaIlac:t as the CITY representative in the issuan<e and administration
<br />o( this C:Ontr3<l, lUld shall issue and re<eive all doc:umenlS, notices. and c:orrespondence. Except as provida:l
<br />in Par. 38, all doc:uments, notic:es lUld c:orrespondence not issued by or to the Purc:hasing Agent shall be null
<br />lUld ""id. lUld shall be c:onsidered as lIOl having been issued or re<eived. Ooc:umenlS, nolic:es, or
<br />c:o~ issued by the Purc:hasing Agent, to whic:h the ConlTll<tor or bidder does _ agree. shall
<br />require a written notice within Ten (10) c:alendar days (rom "",tipt thereo(, to the Purc:hasing Agent
<br />outlining the exact point of disagreement described in detaiL Should the mailer not be roselv. \he
<br />Contra<lor's or Bidder's satisfaction, a Noti<e o( ApptaI shall be submitted to City Coun<il, 1M the
<br />Purc:hasing Agent within Ten (10) days from "",eipt o( su<h unsatisfaaory reply. ApptlJant shall t1 IVe
<br />the right to be heard by City Counc:il. The d..ision of City Coun<il shall be fir.al and c:onclusive, i iaII
<br />be binding on all patties c:oncerned. In the <vent apptlJant is slill not satisfied, he may pursue the matter
<br />in a c:o= o( c:ompecent jurisdiction in Hays Counry, Texas, and in ac:c:ordance with the laws o( the State
<br />o( Texas. Contra<lor shall contin... perlo"""",," o( the contta<t during all disputes with CITY. No
<br />prodU<tion o( goods .hall be delayed or the timely delivery o( goods or furnishing o( services be prejudked,
<br />delayed or postponed pending resolution o( any disputes ex<ept as Contra<lor and CITY may otherwise
<br />agree in writing.
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<br />24 pAYWEHlS: Payment.hall be made by <heck or wanant by CITY upon saris(aaory delivery and
<br />a:ceptan<e o( items ,and submission o( Invoi<e to the address below (or ord= plated by the purc:hasing
<br />Agent, or as indkated on Delivery OnIer$ plated by other authorized CITY offi<es and/or departments. (See
<br />Par. 23 below)
<br />
<br />Finance Director
<br />Aa:oWttS Payable
<br />630 East Hopkins
<br />San Marc:os, Texas 78666
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<br />(a) For purposes of payment discounts, time will begin upon sarisfa<lory delivery o( goods and/or
<br />subrnisrion o( a<<eptable invoi<e, whic:hever is IaJt (See Par. 16). Panial paymentS will no( be made wtIess
<br />specif1c:ally requested and approwd by CITY prior to c:ontra<:l award.
<br />(b) As a minimum. invokes shall in<lude; (i) Name, address, lUld telephone number o( Contra<lOr
<br />lUld similar informatioll in the event payment is to be made to a different address, (ill CITY Contract or
<br />DeliverY Order number. (u.l idenlifl<3tion o( items or service as outlined in the <ontrac:l, (iv) quantity or
<br />quantities, appli<able unit pri<es, lDlaI prices,. and toral amount, lUld (Vll any additional pa~.:
<br />information whkh may be <aIled (or by the c:ontra<t.
<br />
<br />23.. PROWPT PAYMENT JCr: V.A.c.s. Art. 6Olf, appli<able to <ontrac:lS, vendors, subc:olllra<:lor$, and
<br />supplieJs. requires that paymel1lS be made within Thirty (30) <aIendar days.
<br />(a) If CITY ,fails to pay within Thirty (30) days,. a One (1) perc:enl ptr month interest ptnalty will
<br />be added at the time payments are mad.. The law does lIOl apply if the terms o( a (ederal grant, c:ontra<t,
<br />regulation, or statute prevents CITY from malting timely payments with (ederal funds. Bidden mayagm:
<br />to payment tenns lor whic:h the I'totnp\ Payment A<l does not apply at the lime the c:onuar:t is entered into.
<br />Corltra<:tor$ must pay their supplie~ the same One (1) perc:ent ptr monthly interest on bills that 'the
<br />deadlines. Subc:onlrac:tors must pay supplier$ by Ten (10) <alendar days after payment is "",eiv, the
<br />subc:olllra<:lor. Conlra<:lor$ must apply (or interest payments if they believe suc:h interest was du not
<br />paid. Deadlines begin the day after tither of the following, whkhever is later; (i) sarisfa, .nd
<br />lI<<tptable delivery or ptrformanc:e has been c:ompleted, or, (ii) C:OlTe<t and proptr invoi<:e is re<:""ved at
<br />the designated pla<e.
<br />(b) Inyokes must indnde all information required and be mailed to the address <ailed for by tht
<br />C:Onuac:L For purposes of complying with the Prompt Payment A<t, time does not begin unless or until all
<br />billing instructions have beenc:omplied with or proptr delivery or ptrlor:nanc:e has been made satis(a<torily.
<br />whic:hever is last. CITY has Twenty One (21) days in whith to noliIy Co"trattor o( erroneous invoke or
<br />shipment/services. If no Contra<lor error is found, the original date of delivery or servite was ptrlormed.
<br />or day after proptr invoite was re<:eived, whi<hever is lacer, shall apply. Disputes will be de<:ided at an
<br />Administrativ", Hearing held by City Coun<il or in a Court o( c:ompete!ll: jurisdiction. The prevailing side
<br />may c:olle<:t interest and reasonable attorney's f.... Paymenu will be deemed to have been made on
<br />payment postmark date or date o( ele<trOnit transmis.sion. .
<br />
<br />24.. IllSCCUN1S: Prompt payment discounts will not be c:onsidered in dettnnining low bids and making
<br />awards.
<br />(a) In c:onnec:tion with any discount offered, time will be c:omputed (rom the date of re<:eip\ o(
<br />supplies or servi<es or frotn the date a c:orre<:l invoke is "",eived, whic:hever is the later dace.
<br />
<br />2S. PDRJRMANCE BOND: The SUCl:essfu1 bidder{s) must (urnish the OTY a ptrlorman<e bond in the
<br />arnount set fOrth on page 1 o( this Inmation For Bid$. This deposit is to be presented to the Pun:hasinl
<br />Agent, within Ten (10) days after nolic:e o( award.
<br />(a) Failure to ptQ'f\do< a petfo~ bond within the prescnOed period shaII c:onstitute a ..,,,trw
<br />default lUld shall be <ause (or ~tion.
<br />(b) The Performatll:e Bollci shall be in the fonn of a Surety Bond exe<uted with a Surety Company
<br />authorized to do business in this Swe, or a <..hiers <heck made payable to CITY and submitted to u.,
<br />Purc:hasing Agent. '
<br />
<br />(e) The ptrformanc:e bollci o( the success(u1 bidders(.) shall be recumed by the CITY upon c:omplc:tiv
<br />of the contrac:l and fmal """ep<ance o( all items in acc:orela.... with c:onditions thereof.
<br />(d) FaIluno of c:ontrac:lors to perlonn any o( the semes required by this c:ontraCl within Ten (Ie
<br />days o( receipt o( written demand (or ptrlormance (rom CITY or (aiIun: o( c:ont:ra<tor to <Orrect or ",pia<
<br />de(ec:tive goods or pnsduc:u within Ten (10) days from receipt o( writtell demand therefore, shall c:onotitUf<'
<br />. total breach o( this c:ontrac:l, allci shall eause this c:ontra<l to terminate.
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