HomeMy WebLinkAbout2007-388
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RESOLUTION NO. ?007-1RR
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE
AGREEMENT AND A PURCHASE ORDER TO PARKWEST CONSTRUCTION
COMPANY FOR THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF
FOR THE SOCCER FIELD AT NUNEZ PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Parkwest Construction Company is the lowest and best responsible
bidder for the purchase and installation of synthetic turf for the soccer field located at Nunez
Park for a total of $481 ,000. Pursuant to this determination. the City Manager is hllreby
authorized to execute a Vendor Service Agreement, attached hereto and labeled "Exhibit A",
and the Director of Finance or his/her designee is authorized to execute a purchase order to
Parkwest Construction Company in the amount of $481 ,000; all other quotations are hereby
rejected.
SECTION 2. The authorization to execute the above r::fcrenced Vendor Service
Agreement is rescinded ifit is not executed by both paJ1ies with sixty (60) day of the passage of
this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING EXECUTION OF A VENDOR SERVICE
AGREEMENT AND A PURCHASE ORDER TO PARKWEST CONSTRUCTION
COMPANY FOR THE PURCHASE AND INSTALLATION OF SYNTHETIC TURF
FOR THE SOCCER FIELD AT NUNEZ PARK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Cornmon Council of the City of San Bernardino at a ;oint regular
meeting thereof, held on the 17th day of September ,2007, by the following
vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER ----1L-
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
f{~~, Oicub
The foregoing resolution is hereby a!:lo!:aJ:I~~~~~m~,
2007.
0'....,. '--
Approved as to form:
James F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
Tbis Vendor Service Agreement is entered into this 2nd day of october
2007, by and between Parkwest Construction Company ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best 'interest of the CITY to acquire and install synthetic turf and related items and
services; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for the purchase and installation of synthetic turf and related items and
services; and
WHEREAS, it i~ in the best interests of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide such synthetic turf installation and related
items and services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the \'llmuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide those products and services as set forth in Attachment "A", "Technical
Specifications RFP P-07-07 Synthetic Turf for Nunez Park Soccer Field", and Attachment "B",
"Addendum No.1 to Request for Proposal (RFP) F-07-07", attached hereto and incorporated
herein by this reference.
2. COMPENSATION AND EXPENSES.
a For the services delineated above, the CITY, upon presentation of an
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invoice, shall pay the VENDOR the amount of $481,000 for purchase and installation of
synthetic turf at Nunez Park Soccer Field.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. SEVERABILITY.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY,
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages andlor liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
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VENDOR agrees., to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claims, actions, or losses, damages andlor liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY andlor the VENDOR is found to be comparatively at fault for any
claim, action. loss, or damage which results from their respective obligations under the
Agreement, the CITY andlor VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000;000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
. Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
tennination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
,
VENDOR shall' not engage in. nor permit its officers, employees or agents to engage in.
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as penniued pursuant to Section
12940 of the California Government Code.
7.
INDEPENDENT, CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and aU business license, if any are required, in connection with the services to be
performed hereunder.
8, BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that arc legal1y required of VENDOR
to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Director of Parks, Recreation and Communily Services
547 No. Sierra Way
San Bernardino, CA 92410
Telephone: (909) 384-5233
TO mE VENDOR:
Parkwest Construction Company
720 N. Eureka
Redlands, CA. 92373
la ATTORNEYS' FEES
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In the event that ,litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, inclllTed by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
. fees" for the purposes of this paragraph.
I I. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of .Jaw assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation ,to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino. State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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This Agreement ,shall be binding on and inure to the benefit of the parties to Ibis
Agreement and their respective heirs. representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not, affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties. and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modi tied or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT between
Parkwest Construction Company and the City of San Bernardino
IN WITNESS THEREOF, the panies hereto have executed this Agreement on the day
and date set forth below.
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Lifetime Industries, Inc. dba:
VENDOR. parkwest construction Company
Dated: Oct. 2 ,2007
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Its: Ronald G. /obore, Presideht
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By:
i1son, City Manager
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Dated 9-/1
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Approved as to Form:
James F. Penman, City Attorney
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Attacrunent A
City of San Bernardino
Technical Specifications
RFP P-07-18
Synthetic Turf for Nunez Park Soccer Field
ITEM DESCRIPTION
NOTICE: "SPECIAL INSTRUCTIONS TO lHE BIDDER"
Services:
Bidder shall complete right hand column indicating brief reasoning for exceptions, to
requirements when not acceptable. State "Acceptable" if requirements are agreeable as
set forth on left-hand columiJ..
Equipment:
Bidder shall complete right hand column indicating specific size and/or make and model
of all components when not exactly as specified. State "As Specified" ifitem is exactly as
set forth in the left-hand column. .
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL
INVALIDATE' BID
GENERAL REQUIREMENTS Acceptable [as scecifled
This project will consist of a design for a new
synthetic turf soccer field for Nunez Park located at Acceptable
. th
1717 W. 5 Street, San Bernardino, CA. 92408
.
SCOPE OF WORK
I. The work consists of design, furnishing labor, tools,
excavation, grading, machinery, warranty, material Acceptable
and p!ocessed required to complete the rubber in-
filled syn1hetic turf field.
2. Obtain and pay for all required construction and
environmental permits and all inspections Acceptable
required by Local and State authorities.
EXPERIENCE AND QUALIFICATIONS
I. Contractor and manufacturer must submit proof
1hat they have a minimum of three- (3) Acceptable
consecutive year's experience in the manufacture
and installation of all-rubber in-fill synthetic turf
field systems. The contractor must have a
minimum of eight (8) full sized (65,000 sq. ft. or
more) outdoor fields of similar type, size and
scope as this project. Submit at least five (5)
references of completed projects. .
2. The contractor must have a Class "A" license. Acceptable
3. Provide two (2) 12"x 12" boxed synthetic turf
mock-ups representing the exact system and Acceptable
material which will be installed on the project.
4. Provide synthetic turf samples, complete with Acceptable
backing.
SEAM INSTALLATION
1. Turf sections are bonded together in parallel
segments across the entire width of the playing
surface. Bonding is achieved with a specially
formulated adhesive and lap joint structural
bonding fabric.
DRAINAGE SYSTEM
1. Inside the existing perimeter is located a perimeter
drainage system coupled to a main storm drain .
exit. Perimeter drainage trench is to have a width
of2 ft. and a minimum depth of 4 ft.
2. Drainage trench is isolated from the surrounding
soil by use of a non-woven polymer membrane.
3. Trench shall have a drainage slope of.5%
minimum.
4. Drainage piping is permeable 8" Styrene or PVC
piping is encased in a volume of %" crushed rock
with minimum fmes.
TURF ATTACHMENT
I. The polymer composite lumber is used and will
serve as the attachment surface for the turf.
2. Turfis attached directly to the composite mailer
utilizing galvanized fabric studs placed at 10"
intervals.
OPERATING PERFORMACE
1. Shock attenuation Gmac (per ASTM F-355
standard test method) will be 115-125 maximum
when installed
2. Gmac performance shall not exceed 135 during the
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
life of the warranty.
3. Blade and in-fill dimensions, appearance and
surface texture/feel will be uniform with no
I. evidence of seams.
INSPECTIONS
1. Upon completion, the contractor will conduct a
thorough inspection and walk-through with Park
Superintendent.
2. Contractor will provide a calibrated test of the
Gmac attenuation performance to the park
Superintendent at the completion of the
installation of the synthetic turf.
RESPONSlliILITY
1. The contractor shall be responsible for all work to
be performed under this contract. No sub-
contractor shall relieve the contractor of his
liability to complete the project.
2. The contractor shall at all times protect his work
from damage and theft and replace all damage or
stolen parts at his expense until the work is
accepted in writing by the City.
3. The contractor shall protect the City's property
from injury or loss. All damage to existing
property (buildings, utilities, irrigation system,
fencing, trees and turf) caused by the contractor
during his operation or as a result of the
malfunction of installed work during the guarantee
period shall be repaired at his expense to a like
new condition.
4. All areas within the construction zone shall be
cordoned off with a 6' fence to prevent all non-
construction pedestrian traffic.
WARRANTY
1. The manufacturer's warranty shall include general
wear and damage caused from UV degradation.
2. The turf contractor shall provide a warranty to the
City that covers defects in the installation
workmanship and further warrant that the
installation was done in accordance with both the
manufacturer's recommendations and any written
directives of the manufacturer's onsite
renresentative.
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
3. All turf warranties shall be NON-PRORATED
and limited to repair or replacement of the affected Acceptable
areas, at the option of the manufacturer and shall
include all necessary materials, labor,
transportation costs, etc. to complete said repairs.
All warranties are contingent on the full payment
by the City of all pertinent invoices.
4. Turf manufacturer must provide an eight- (8) year, Acceptable
up-front prepaid, non-prorated warranty.
5. Prior to fmal acceptance of the project, submit an
executed copy ofthe warranty documents and two Acceptable
(2) additional copies ofthe maintenance manuals.
The manuals shall include all of the necessary
instructions for the proper care and preventive
maintenance of the synthetic turf system,
including but not limited to cleaning, brushing,
and top-dressing with additional in-fill material.
MATERlALSPECITICATIONS ACCEPTABLE IAS SPECIFIED
I. The synthetic turf system consists of polyethylene
fibers tufted into a fibrous, non-perforated, porous Acceptable
backing formulated for high use athletic sports
activity as manufactured by Thiolon or equivalent.
2. Turf shall be. furnished in IS-foot wide rolls. The
turfs primary backing shall be a double-layered Acceptable
polypropylene fabric treated with UV inhibitors.
The secondary backing shall consist of Dura Flo or
equal. Perforated (with punchholes) backed turf
and lor turf stitched through the secondary backing
shall not be acceptable.
a. Pile weight tufted a minimum of 44 ounces
b. Finish pile heights (tufted) 2 y." - 2 3/8" high.
c. Color - green with white stripes
d. Tufting gauge is 3/8"
e. Yam size 10,000 Denier monofiliment
f. Total product weight per sq. ft. is 62 or greater.__ __We believe that this should be
72 oz. per sq. yd.
IN-FILL
I. The infill material shall be approved by the
manufacturer. The in-fill shall be styrene
buladiene rubber (SBR) rubber crumb. In-fill
rubber must be completely free of all toxins and
metals.
2. Rubber particle size is 10 - 14 standard mesh
gages. In-fill depth is 1.75" resulting in a.5" to
.75" standing (exposed) blade height.
3. The in-fill materials shall be installed to fill the
voids between the fibers and allow the fibers to
remain vertical.
4. The use of automated machinery at a specified
density to achieve optimum cushioning and
response.
5. In-fill material is machine brushed into the turfto
achieve uniform thickness, density and to secure
the material in place within the blade.
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
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2007-388
Attachment B
Sa Bernar ,'no
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October 9,2006
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ADDENDUM #1
TO
Request for Proposal (RFP) F-G7-G7
Notice is hereby given that the following is incorporated as an addendum to the Request
for Proposal (RFP) F-07-07,
Synthetic Turf for Nunez Park Soccer Field
It has come to our attention that..
The following list shall be added to the Technical Specifications for the Proposal.
01) Is there a requirement for a 6" x 12" perimeter curb around the field? If yes,
does this concrete curb include rebar for reinforcement?
A 1) The curb and rebar is required.
02) Is there an exit point for drainage that connects to a storm drain?
A2) Yes. Development Services is working on the size and depth of the pipe.
03) Can the field be raised slightly from the existing elevation?
A3) Yes
04) Is this project prevailing wage?
A4) Yes
05) Is Denier fiber required?
AS) Specifications require 10,OOO-denier product.
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2007-,388
06) Is a sample required?
A6) Yes, a sample of the1urf will be required for testing. The product will be tested
onsite when the bid is awarded.
07) Is there a designated place for excess dirt to be moved?
A7) Excess dirt may be moved to a desigriated area within the City.
Closing Date: The new due date is Monday, October 16, 3:00 PM. Proposals must be
submitted at or before 3:00 PM at City Hall, Finance Department - Purchasing OMsion-,
300 N. "0" Street, 4th Floor.
Sincerely,
Sheila A. Futch
Purchasing Division
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2007~388
I. INSTRUCTIONS TO CONTRACTORS
A. Mandatory Job Walk
There will be a Mandatory Job Walk at 9:00 AM, Thursday, September 14,
2006, at Nunez Park located at 1717 W. 5th St., San Bernardino, 92408.
Proposals will only be accepted from those who have attended the job
walk.
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B. Examination of ProDosal Documents
1. By submitting a proposal, the Contractor represents that it has thoroughly.
examined'and become familiar with the work required under this RFP and
that it is capable of performing quality work to achieve the City's
Objectives.
2. The City reserves the right to remove from its mailing list for future RFP's,
for an undetermined period of time, the name of any Contractor for failure
to accept a contract, failure to respond to two (2) consecutive RFP's
and/or unsatisfactory performance. Please note that a "No Offer" is
considered a response.
C.
Addenda
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Any City changes to the requirements will be made by written addendum to this
RFP. Any written addenda issued pertaining to this RFP shall be incorporated
into the terms and conditions of any resulting Agreement. The City will not be
bound to any modifications to or deviations from the requirements set forth in this
RFP as the result of oral instruction.
D. Clarifications
1. Examination of Documents
Should an Contractor require clarifications of this RFP, the Contractor
shall notify the City in writing in accordance with Section 0.2 below.
Should it be found that the point in question is not clearly and fully set
forth. the City will issue a written addendum clarifying the matter which will
be sent to all persons who have requested the RFP.
2. Submittina Reauests
a. With the exception of oral questions asked at any pre-proposal
conferences, all questions, clarifications or comments shall be put
in writing and must be received by the City no later than
September 19, 2006, and be addressed as follows:
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2007-,388
City of San Bernardino
Attn: Sheila A. Futch
300 North "0" Street, 4th floor
San Bernardino, CA 92418-0001
b. The exterior envelope of all requests for clarifications, questions
and comments must be clearly labeled, "Not an Offer." The City is
not responsible for failure to respond to a request that has not been
labeled as such. '.
The City will also accept questions sent by facsimile machines;
however, all faxed questions must be received by the City no later .
thah the date and time specified above. Send facsimile
transmissions to (909) 384-5043, attention Sheila A. Futch.
c. Inquiries received after September 19, 2006, will not be accepted.
3. City Responses
Responses from the City will be communicated in writing to all recipients
ofthis RFP, and will be postmarked no later than September 21,2006.
E. Submission of Proposals
1. Date and Time
All proposals are to be submitted to City of San Bemardino, Attention:
Sheila A. Futch. Proposals received after 3:00 PM, September 28, 2006,
will be rejected by the City as non-responsive.
2. Address
Proposals shall be addressed as follows:
City of San Bernardino
Attn: Sheila A. Futch
300 N. "D" Street, 4th floor.
. San Bernardino, CA .92418.
Proposals may be delivered in person to the Purchasing Department. 4th
floor of the above address.
3. Identification of Proposals
Contractor shall submit a proposal package consisting of:
a) a signed original
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2007-.388
b) two (2) copies of its proposal, and
c) a completed and signed Price Form in a sealed envelope,
separate from the proposals, marked "Price Form".
The proposal package shall be addressed as shown above, bearing the
Contractor's name and address and clearly marked as follows:
"~P P-07-o7:
Synthetic Turf for Nunez Park Soccer Field"
4. Acceptance of Proposals
a. The City reserves the right to accept or,reject any and all
proposals, or any item or part thereof, or to waive any informalities
or irregularities in proposals.
b, The City reserves the right to withdraw this RFP at any time without
prior notice and the City makes no representations that any
contract will be awarded to any Contractor responding to this RFP.
c. The City reserves the right to postpone proposal opening for its
own convenience.
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F. Pre-Contractual Expenses
Pre-contra;;;;ual expenses are defined as expenses incurred by the Contractor in:
1 . Preparing its proposal in response to this RFP;
2. Submitting that proposal to City;
3. Negotiating with City any matter related to this proposal; or
4. _ Any other expenses incurred by the Contractor prior to date of award, if
any, ofthe Agreement.
The City shall not, in any event, be liable for any pre-contractual expenses
incurred by Contractor in the preparation of its proposal. Contractor shall not
include any such expenses as part of its proposal.
G. Contract Award
Issuance of this RFP and receipt of proposals does not commit the City to award
an Agreement. The City reserves the right to postpone proposal opening for its
own convenience, to accept or reject any or all proposals received in response to
this RFP, to negotiate with other than the selected Contractor(s) should
negotiations with the selected Contractor(s) be terminated, to negotiate with
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2007"7388
more than one Contractor simultaneously, or to cancel all or part of this RFP.
Selection of a winning response mayor may not be on an all or nothing basis.
The City reserves the option to make award(s) as it deems to be in the best
interest of the City.
The City also reserves the right to apportion the award amona two or more
Contractors.
H. Acceptance of Order
The successful Contractor will be required to accept a Purchase Order and/or a
written Agreement in accordance with and including as a part thereof the
published notice,pf Request for Proposals, including all requirements, conditions
and specifications contained therein, with no exceptions other than those
specifically listed in the written purchase order and/or Agreement.
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