AgdaPkt 2019-03-11 Joint SA PFA - Laserfiche WebLink

Browse Search

6.C. - Page 20 of 121 SECTION Vill. CONTRACT AWARD Staff will recommend to the awarding authority the award of a contract to the lowest responsive, responsible and qualified Bidder. Award of contract occurs when a Purchase Order is issued or other evidence of acceptance by the City is provided to the Bidder. A Recommendation of Award does not constitute award of contract. Contract documents will consist of the General Services Agreement, this NIB and all related attachments, the Successful Bidder's written bid, and a Purchase Order issued by the City's Finance Department, SECTION IX. RIGHTS OF THE CITY This NIB does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of bids or in anticipation of a contract. The City reserves the right to: • Make the selection based on its sole discretion; • Reject any and all bids; • Issue subsequent Notices Inviting Bids; • Postpone contract start date for its own convenience; • Remedy technical errors in the NIB process; • Approve or disapprove the use of particular sub -consultants; • Cancel the NIB and reject any and all quotations in whole or in part when it is in the best interest of the City; • Waive informalities and irregularities in the bids; and • Enter into an agreement with another Bidder in the event the originally selected Bidder defaults or fails to execute an agreement with the City. An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the Bidder. SECTION X. PUBLIC NATURE OF BID MATERIALS Responses to this NIB become the exclusive property of the City. At such time as the PWS recommends the Contractor to the City Manager or to the City Council, as applicable, all bids received in response to this NIB become a matter of public record and shall be regarded as public records, with the exception of those elements in each bid which are defined by the Bidder as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the California Public Records Act. Any bid which contains language purporting to render all or significant portions of the bid "Confidential," "Trade Secret," or "Proprietary" may be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not accept or approve that the information that a Bidder submits is a trade secret. If a request is made for information marked as "Confidential," "Trade Secret," or "Proprietary," the City shall provide the Bidder who submitted the information with Page 6 of 22 REV: 12-14-18 PT ATTYIAGR.2018.2821Concrete/Asphalt Repair NIB updated 12.11.18 45