DOCUMENT

RFB - LIQUID ARGON - 2013

  • YEAR CREATED: 2013
  • ENTITY TYPE: City/Township
  • TYPE OF DOCUMENT: BID - ITB, IFB, ITT, RFB
The document contains information about the conditions and instructions for a contract related to the procurement of liquid argon for waterworks. It states that in case of any conflict between the Department of Public Utilities "General Conditions" and the contract documents, the contract documents will prevail. Special Conditions take precedence over General Conditions. The document also mentions that the contract and any additional or supplementary documents incorporated herein by reference contain all the agreed terms and conditions between the parties involved. No other agreements, oral or otherwise, regarding the subject matter of the contract shall have any validity or bind any of the parties unless in writing and signed by the parties. It further states that the conditions and instructions in the solicitation apply to the resulting contract and supersede any conflicting terms offered. Any additional conditions that a bidder intends to be considered must be submitted with the bid as an exception. Failure to do so may result in the bid being considered "non-responsive" and the bidder not being awarded the contract. The document also mentions that if the contractor fails to perform the contract due to the City's non-acceptance of additional conditions submitted after the award, the contract will be terminated by the City, and the contractor may be debarred for up to three years. Termination or debarment of the contractor does not waive any other rights or remedies available to the City by law or contract. There is a section regarding records and inspection, stating that the contractor must maintain accurate records related to the contract and that these records will be open to inspection and audit by the City and its representatives. The City will have access to the contractor's facilities and necessary records for auditing purposes. The document also mentions that the City's payment to the contractor or waiver of any provision under the contract does not constitute a waiver of any other provision, obligation, breach of covenant, or default by the contractor. The City retains all rights and remedies available to it. It states that the contractor and any individuals acting on behalf of the contractor will act independently and not as officers, employees, or agents of the City. There is a section on scheduling and delays, stating that the City may delay or extend the work to be performed under the contract at its option. The City is not required to pay any costs or claims for compensation arising from delays or interruptions caused by the City. If the City delays the project for a continuous period of 90 days or more, the City and Contractor will negotiate an adjustment to the Contractor's award amount. Unreasonable delays caused by the City's acts or omissions within its control are exempt from this waiver or release. The document also includes information about the City's objectives to promote the economic enhancement of small businesses (SBE), minority businesses (MBE), and women-owned businesses (WBE). It requests bidders to report the total dollars they anticipate subcontracting to these businesses if awarded the contract. Failure to report may result in stronger requirements being placed on bidders to ensure SBE, MBE, and WBE firms located in Newport News receive benefits from City contracts.
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