Standard Terms and Conditions

CITY OF DALLAS GENERAL WARRANTY REQUIREMENTS

(A) FOR PURPOSES OF THIS WARRANTY REQUIREMENT, THE TERM "GOODS" MEANS ANY EQUIPMENT, MACHINES, TOOLS, VEHICLES, HARDWARE, SUPPLIES, COMPONENT PARTS OR OTHER TANGIBLE PERSONAL PROPERTY PROCURED BY THE CITY, TO WHICH PROCUREMENT THIS WARRANTY REQUIREMENT IS MADE APPLICABLE THROUGH THE SPECIFICATIONS. THE TERM "CITY" MEANS THE CITY OF DALLAS, ACTING THROUGH ITS OFFICERS, EMPLOYEES, DEPARTMENTS, AGENCIES, BOARDS, COMMISSIONS, COMMITTEES AND INSTRUMENTALITIES.

(B) THE SUCCESSFUL BIDDER (ALSO REFERRED TO HEREIN AS "VENDOR"), BY SUBMITTING THE BID, FURNISHES THE FOLLOWING WARRANTY AS PROVIDED BELOW:

(1) VENDOR WARRANTS THAT THE GOODS DELIVERED ARE NEWLY MANUFACTURED, FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AND CONFORM IN EVERY RESPECT TO CITY'S SPECIFICATIONS. VENDOR ALSO WARRANTS THAT IF, DURING THE WARRANTY PERIOD, ALL OR ANY PORTION OF THE GOODS: (A) FAIL FOR ANY REASON, (B) ARE DISCOVERED TO BE NON-CONFORMING, OR (C) ARE DEFECTIVE IN MATERIALS OR WORKMANSHIP, VENDOR WILL REPLACE SUCH FAILED, NON-CONFORMING OR DEFECTIVE GOODS AT NO COST TO CITY WITHIN THE SAME TIME LIMIT AS THE DELIVERY PERIOD SHALL BEGIN ON THE DATE OF OFFICIAL ACCEPTANCE OF THE GOODS BY CITY, WHICH DATE IS EITHER THE INSTALLATION DATE OR IN-SERVICE DATE AS SHOWN ON CITY RECORDS OR THE DATE OF FORMAL ACCEPTANCE OF THE GOODS IN WRITING BY AN AUTHORIZED CITY OFFICIAL, WHICHEVER OCCURS FIRST, AND ENDS ONE (1) YEAR AFTER THE DATE OF THE OFFICIAL ACCEPTANCE. THIS WARRANTY SHALL BE UNCONDITIONAL, EXCEPT THAT IT SHALL NOT APPLY TO OBVIOUS ABUSE, MISUSE OR DAMAGE CAUSED BY CITY.

(2) AS BETWEEN VENDOR AND CITY, THE EXPRESS WARRANTY GIVEN IN SUBPARAGRAPH (B) (1) IS IN LIEU OF ANY OTHER EXPRESS WARRANTIES. SHOULD THIS WARRANTY FAIL OF ITS ESSENTIAL PURPOSE, CITY WILL CONTINUE TO HAVE RECOURSE UNDER APPLICABLE TEXAS LAW. THIS WARRANTY IS INTENDED FOR THE EXCLUSIVE BENEFIT OF CITY, ITS OFFICERS AND EMPLOYEES, AND DOES NOT CREATE ANY WARRANTIES (EXPRESS OR IMPLIED) OR CAUSES OF ACTION IN FAVOR OF ANY THIRD PARTIES.

(3) IF A MANUFACTURER OF THE GOODS OR OF COMPONENT PARTS OF THE GOODS PROVIDES A SPECIAL OR INDEPENDENT WARRANTY WHICH IS LONGER THAN THE PERIOD PROVIDED FOR THIS WARRANTY, OR WHICH PROVIDES TERMS MORE FAVORABLE TO CITY THAN THOSE CONTAINED IN THIS WARRANTY AS TO ANY OTHER PROVISION, THE PROVISIONS OF THIS WARRANTY SHALL NOT BE CONSTRUED TO DIMINISH OR CONFLICT WITH THE SPECIAL OR INDEPENDENT WARRANTY GIVEN BY SUCH MANUFACTURER.

(C) THE SUCCESSFUL BIDDER, BY SUBMITTING THE BID, AGREES TO GIVE THE FOLLOWING INDEMNITY WITH RESPECT TO THE GOODS:

VENDOR SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, TYPE OR DESCRIPTION BROUGHT OR MADE ON ACCOUNT OF ANY PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, ARISING OUT OF OR OCCASIONED BY ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE GOODS OR THE FAULT SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACT, PURCHASE ORDER OR PRICE AGREEMENT; PROVIDED, HOWEVER, THAT THIS INDEMNITY SHALL NOT APPLY TO ANY PERSONAL INJURY INCLUDING (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM CAUSED SOLELY BY THE NEGLIGENT USE, MISUSE OR ABUSE OF THE GOODS BY CITY, OR CAUSED SOLELY BY ANY NEGLIGENT ACT OR OMISSION OF CITY UNRELATED TO THE USE OF THE GOODS. IN THE EVENT OF JOINT OR CONCURRING RESPONSIBILITY OF VENDOR AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW. THIS PROVISION SHALL NOT BE CONSTRUED FOR THE BENEFIT OF ANY THIRD PARTY, NOR DOES IT CREATE OR GRANT ANY RIGHT OR CAUSE OF ACTION IN FAVOR OF ANY THIRD PARTY AGAINST CITY OR VENDOR, THIS PROVISION BEING SOLELY INTENDED TO PROVIDE FOR INDEMNIFICATION OF CITY FROM LIABILITY FOR DAMAGE TO THIRD PERSONS OR PROPERTY AS SET FORTH IN THIS PARAGRAPH.

General Conditions for Request for Bids

1. REQUIREMENTS. BIDDER AGREES TO SUPPLY TO THE CITY OF DALLAS THE GOODS OR SERVICES DESCRIBED IN THE RFB IN ACCORDANCE WITH THE CITY'S SPECIFICATIONS, IF APPLICABLE, ATTACHED TO AND MADE A PART OF THE RFB.

2. ALL BIDS MUST BE RECEIVED AND TIME STAMPED IN THE CITY OF DALLAS PURCHASING DIVISION BY THE TIME AND DATE SPECIFIED IN THE RFB., RM. 3FS, 1500 MARILLA, DALLAS, TX. 75201.

3. AWARD WILL BE MADE TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. THE CITY OF DALLAS RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO WAIVE MINOR IRREGULARITIES OR DISCREPANCIES IN ANY BID AS MAY BE IN THE BEST INTEREST OF THE CITY. LATE BIDS THAT DO NOT COMPLY WITH CONDITION #2 WILL NOT BE ACCEPTED.

4. ALL BIDS MUST BE SIGNED IN INK, BY HAND, IN THE SPACE MARKED AUTHORIZED SIGNATURE.

5. IN ACCORDANCE WITH CHAPTER XXII SECTION 11 OF THE CHARTER OF THE CITY OF DALLAS, NO OFFICER OR EMPLOYEE OF THE CITY SHALL HAVE A FINANCIAL INTEREST, DIRECT OR INDIRECT, IN ANY CONTRACT WITH THE CITY OR BE FINANCIALLY INTERESTED, DIRECTLY OR INDIRECTLY, IN THE SALE TO THE CITY OF ANY LAND, MATERIALS, SUPPLIES OR SERVICES.

6. WHEN RESPONDING TO A BID IT IS THE BIDDER'S RESPONSIBILITY TO IDENTIFY THE BID SUBMISSION BY PLAINLY INDICATING THE BID NUMBER AND BID OPENING DATE ON THE FRONT OF THE ENVELOPE. "NO BIDS" SHOULD BE RETURNED BY THE BID OPENING DATE WITH "NO BID" INDICATED ON THE ENVELOPE IN ADDITION TO THE BID NUMBER AND BID OPENING DATE. THE CITY ASSUMES NO RESPONSIBILITY FOR BIDS NOT PROCESSED DUE TO THE FAILURE OF THE BIDDER TO IDENTIFY THE ENVELOPE AS A BID RESPONSE.

7. UNLESS OTHERWISE STATED IN THE CITY'S SPECIFICATION, ALL PRICES WILL BE CONSIDERED FIRM FOR ACCEPTANCE WITHIN ONE HUNDRED FIFTY (150) DAYS AFTER BID OPENING AND MAY BE EXTENDED BY WRITTEN AGREEMENT OF THE BIDDER.

8. ANY CATALOG OR MANUFACTURER'S REFERENCE IN THIS RFB IS DESCRIPTIVE, BUT NOT RESTRICTIVE, AND IS USED ONLY TO INDICATE TYPE AND GRADE, UNLESS THE SPECIFICATIONS STATE "NO SUBSTITUTIONS". IF THE SPECIFICATIONS DO NOT STATE "NO SUBSTITUTIONS" , OTHER ITEMS OF SIMILAR AND EQUAL QUALITY WILL BE CONSIDERED PROVIDED THE RESPONDENT STATES ON THE RFB EXACTLY WHAT HE INTENDS TO FURNISH; OTHERWISE THE BIDDER SHALL BE REQUIRED TO FURNISH THE ITEMS AS SPECIFIED IN THE RFB.

9. PRICES SHOULD BE ITEMIZED AS REQUESTED IN THE RFB. THE CITY OF DALLAS RESERVES THE RIGHT TO AWARD BY LINE ITEM OR BY LOT, UNLESS OTHERWISE SPECIFICALLY STATED IN THE SPECIFICATIONS.

10. UNLESS OTHERWISE STATED IN THE RFB, ALL ITEMS SHALL BE CONSIDERED AS FOB DELIVERY SITE.

11. IN CASE OF A DISCREPANCY BETWEEN THE UNIT PRICE AND THE EXTENDED TOTAL FOR A BID ITEM, THE FIGURE THAT IS MOST ADVANTAGEOUS TO THE CITY WILL BE TAKEN. A BID THAT HAS BEEN OPENED MAY NOT BE CHANGED FOR THE PURPOSE OF CORRECTING AN ERROR IN THE BID PRICE.

12. THE CITY OF DALLAS IS THE FINAL JUDGE OF PRODUCT ACCEPTABILITY FOR ITEMS QUOTED ON THIS RFB.

13. THE CITY OF DALLAS RESERVES THE RIGHT TO REMOVE A COMPANY FROM ANY COMMODITY INDEX FOR (1) CONTINUED FAILURE TO RESPOND TO THE RFB, (2) FAILURE TO DELIVER MERCHANDISE OR SERVICES WITHIN THE PROMISED TIME, (3) DELIVERY OF SUBSTANDARD MERCHANDISE OR SERVICES, OR (4) FAILURE TO MAINTAIN A COMPETITIVE POSITION ON A PARTICULAR COMMODITY GROUP.

14. TRADE SECRETS AND CONFIDENTIAL INFORMATION CONTAINED IN A BID ARE NOT OPEN TO PUBLIC INSPECTION (BID PRICING, HOWEVER, IS NOT CONSIDERED TO BE CONFIDENTIAL UNDER ANY CIRCUMSTANCES). BIDDERS WHO INCLUDE INFORMATION IN A BID THAT IS LEGALLY PROTECTED AS TRADE SECRET OR CONFIDENTIAL MUST CLEARLY INDICATE WHAT INFORMATION CONSTITUTES A TRADE SECRET OR CONFIDENTIAL INFORMATION BY MARKING THAT PART OF THE BID "TRADE SECRET" OR "CONFIDENTIAL" AT THE APPROPRIATE PLACE. THE CITY WILL NOT BE RESPONSIBLE FOR ANY PUBLIC DISCLOSURE OF THE TRADE SECRET OR CONFIDENTIAL INFORMATION IF IT IS NOT MARKED AS PROVIDED ABOVE. IF A REQUEST IS MADE UNDER THE TEXAS OPEN RECORDS ACT TO INSPECT INFORMATION DESIGNATED AS TRADE SECRET OR CONFIDENTIAL IN A BID, THE BIDDER SHALL, UPON REQUEST, IMMEDIATELY FURNISH SUFFICIENT WRITTEN REASONS AND INFORMATION AS TO WHY THE INFORMATION DESIGNATED AS A TRADE SECRET OR CONFIDENTIAL SHOULD BE PROTECTED FROM DISCLOSURE, IN ORDER FOR THE CITY ATTORNEY TO PRESENT THE MATTER TO THE ATTORNEY GENERAL OF TEXAS FOR FINAL DETERMINATION.

15. VENUE. THE OBLIGATIONS OF THE PARTIES HERETO ARE PERFORMED IN DALLAS COUNTY, TEXAS, AND IF LEGAL ACTION IS NECESSARY TO ENFORCE SAME, EXCLUSIVE VENUE SHALL BE WITHIN DALLAS COUNTY, TEXAS.

16. GOVERNING LAW. THIS CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF DALLAS AND THE LAWS AND CASE DECISIONS OF THE STATE OF TEXAS.

17. DELIVERIES. DELIVERIES WILL BE MADE ONLY BY AUTHORIZATION OF THE CITY'S PURCHASING AGENT OR AUTHORIZED DESIGNEE, AS REQUIRED AND ORDERED BY THE CITY. SUPPLIER MUST RECORD FOR EACH ORDER RECEIVED THE FOLLOWING INFORMATION: CITY'S DEPARTMENT OR DIVISION, EMPLOYEE'S NAME, PHONE NUMBER, DELIVERY/BILLING ADDRESS, AGENCY NUMBER, AND REQUISITION NUMBER INFORMATION IN ORDER TO BILL THE PROPER CITY DEPARTMENT AT THAT DESIGNATED ADDRESS. BIDDER MUST OBTAIN THE CITY EMPLOYEE'S SIGNATURE AND CITY EMPLOYEE NUMBER ON DELIVERY/SALES TICKETS WHEN MERCHANDISE IS PICKED UP OR DELIVERED AND MAY REQUIRE EMPLOYEE IDENTIFICATION CARD OR DRIVER'S LICENSE. BIDDERS SHALL STATE DELIVERY DATE ON ALL ORDERS.

18. INSPECTION. BIDDER WARRANTS THAT ALL DELIVERIES UNDER THIS RFB WILL BE OF THE TYPE AND QUALITY HEREIN SPECIFIED. THE CITY MAY REJECT OR REFUSE ANY DELIVERY WHICH FALLS BELOW THE QUALITY REQUIRED IN THE SPECIFICATIONS AND THE CITY SHALL NOT BE HELD TO HAVE ACCEPTED ANY DELIVERY UNTIL AFTER IT HAS MADE AN INSPECTION OF SAME AND HAS HAD AN OPPORTUNITY TO EXERCISE THIS RIGHT OF REJECTION.

19. TRANSPORTATION CHARGES. BIDDER SHALL BE RESPONSIBLE FOR ALL CHARGES WHICH RELATE TO THE DELIVERY OF THE GOODS TO THE CITY'S PLACE OF BUSINESS AND FOR THE RETURN TO BIDDER OF ANY GOODS REJECTED AS BEING NON-CONFORMING UNDER THE SPECIFICATIONS.

20. ESTIMATED QUANTITY. THE QUANTITIES DESCRIBED IN EACH LINE ITEM ARE BASED UPON THE BEST AVAILABLE INFORMATION, THE CITY'S BEST ESTIMATE OF ANTICIPATED NEEDS AND ORDERS. THE ACTUAL QUANTITY ORDERED MAY BE LESS THAN OR GREATER THAN THE ESTIMATED QUANTITY. IF THE BIDDER'S BID IS ACCEPTED AND A CONTRACT AWARDED, PAYMENT WILL BE BASED UPON THE UNIT PRICES QUOTED FOR THE ACTUAL QUANTITY ORDERED, REGARDLESS OF WHETHER THE ACTUAL QUANTITY IS LESS THAN OR GREATER THAN THE ESTIMATED QUANTITY.

21. BIDDER MUST SUBMIT MATERIAL SAFETY DATA SHEETS WITH THE BID FOR ANY HAZARDOUS CHEMICAL QUOTED OR SUPPLIED UNDER THE RFB.

22. FAILURE TO DELIVER. BIDDER AGREES THAT IF HE SHALL BE UNABLE TO MAKE A DELIVERY OF THE QUANTITIES OR QUALITY ORDERED BY THE CITY UNDER THE SPECIFICATIONS OR FAIL TO DO SO WITHIN A REASONABLE LENGTH OF TIME AFTER NOTIFICATION, THEN THE CITY SHALL BE AUTHORIZED TO PURCHASE QUANTITIES WHEREVER AVAILABLE AND BIDDER MAY BE BARRED AND REMOVED FROM THE CITY'S BIDDERS LIST.

23. ASSIGNMENT. BIDDER SHALL NOT ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE A CONTRACT AWARDED UNDER THE RFB IN WHOLE OR IN PART WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE CITY. ASSIGNMENT OF THE CONTRACT, IF APPROVED BY THE CITY, SHALL NOT RELIEVE BIDDER FROM HIS/HER OBLIGATIONS UNDER THE CONTRACT. APPROVAL BY THE CITY OF ONE SUCH ASSIGNMENT SHALL NOT CONSTITUTE APPROVAL TO ANY OTHER OR FURTHER ASSIGNMENT OF THE CONTRACT.

24. TERMINATION. THE CITY MAY TERMINATE A CONTRACT AWARDED UNDER THE RFB IN WHOLE OR IN PART BY GIVING TEN (10) DAYS WRITTEN NOTICE THEREOF TO BIDDER. THE CITY WILL COMPENSATE BIDDER IN ACCORDANCE WITH THE TERMS OF THE CONTRACT FOR ALL GOODS OR SERVICES DELIVERED AND ACCEPTED PRIOR TO THE EFFECTIVE DATE OF SUCH NOTICE.

25. BIDDERS ARE REQUIRED TO ABIDE BY THE PROVISIONS OF THE CITY'S GOOD FAITH EFFORT PLAN. A COPY OF WHICH IS ATTACHED TO AND MADE A PART OF THE RFB.

26. IN CASE OF A DISCREPANCY BETWEEN THE RFB AND THE FORMAL CONTRACT, THE FORMAL CONTRACT WILL CONTROL.

27. IF THE PROVISIONS OF CHAPTER 15B OF THE DALLAS CITY CODE ARE APPLICABLE TO THIS PROCUREMENT, ANY COMPANY WITH A CITY CONSTRUCTION CONTRACT OF MORE THAN $15,000.00 OR A CITY CONTRACT FOR THE PROCUREMENT OF GOODS AND COMPETITIVELY BID SERVICES OF MORE THAN $50,000.00, IS PROHIBITED FROM DISCRIMINATING AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, AGE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, OR HANDICAP. THE BIDDER SHALL TAKE AFFIRMATIVE ACTION TO INSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED EQUALLY DURING EMPLOYMENT WITHOUT REGARD TO RACE, AGE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, OR HANDICAP. THIS ACTION SHALL INCLUDE, BUT NOT LIMITED TO THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. ANY PERSON WHO BELIEVES A CONTRACTOR HAS VIOLATED ITS OBLIGATIONS UNDER CHAPTER 15B SHOULD CONTACT: CITY MANAGER, CITY OF DALLAS, 1500 MARILLA ST., ROOM 4EN, DALLAS, TX. 7520.

28. UNLESS REQUESTED IN THE RFB, THE SUBMISSION OF ESCALATOR CLAUSES OR FACTORS WILL NULLIFY THE ASSOCIATED BID.

29. THE CITY OF DALLAS IS EXEMPT FROM ALL FEDERAL EXCISE TAXES AND ALSO FROM STATE AND LOCAL SALES AND USE TAXES. THEREFORE, BIDDERS SHOULD NOT INCLUDE THESE TAXES IN THEIR BIDS. BIDDERS CONTRACTING WITH THE CITY CANNOT USE THE CITY OF DALLAS TAX EXEMPTION STATUS AND NUMBER TO PURCHASE SUPPLIES OR MATERIALS RELATED TO THE CONTRACT. IF THIS RFB IS FOR CONSTRUCTION, REPAIR OR RENOVATION WORK, DISREGARD THIS CONDITION AND REFER TO THE APPLICABLE CONSTRUCTION SPECIFICATIONS.

30. PAYMENT. INVOICES MUST BE SUBMITTED TO THE APPROPRIATE BILLING ADDRESS WITH OR AFTER DELIVERY OF GOODS. ALL CONDITIONS PREVIOUSLY STATED REGARDING INSPECTION AND DELIVERY MUST BE MET IN ORDER FOR PAYMENT TO BE MADE. NO CONTRACTOR OF THE CITY SHALL BE ENTITLED TO INTEREST ON ANY LATE PAYMENT CAUSED BY ANY CLAIM OR DISPUTE, OR AS A RESULT OF THE WITHHOLDING OF MONEY THE CITY HAS A LEGAL RIGHT OR OBLIGATION TO WITHHOLD UNDER THE CONTRACT OR STATE LAW.

31. WARRANTIES. BY SUBMITTING A BID, THE BIDDER AGREES TO COMPLY WITH THE APPLICABLE CITY WARRANTY REQUIREMENTS AS DESIGNATED IN THE RFB, PURCHASE ORDERS, FORMAL CONTRACT, OR THE CITY'S STANDARD WARRANTY REQUIREMENTS FOR THE GOODS.

32. ANY BIDDER THAT DOES NOT HAVE A CURRENT W-9 "REQUEST FOR TAXPAYER IDENTIFICATION AND CERTIFICATION" FORM ON FILE WITH THE CITY OF DALLAS WILL BE REQUIRED TO PROVIDE SUCH PRIOR TO AWARD OF ANY CITY AGREEMENT/CONTRACT.

33. DISQUALIFICATION OF BIDDER. BIDDERS MAY BE DISQUALIFIED AND THEIR BIDS NOT CONSIDERED FOR ANY OF THE FOLLOWING REASONS:

COLLUSION AMONG BIDDERS

BIDDER'S HISTORY OF FILING FREQUENT, EXCESSIVE AND MERITLESS CLAIMS, OR FRAUDULENT CLAIMS, AGAINST THE CITY, OR AGAINST OTHER CONTRACTORS ON A CITY PROJECT

BIDDER'S ARREARAGE OR DEFAULT ON AN EXISTING OR PREVIOUS CONTRACT WITH THE CITY

BIDDER'S LACK OF FINANCIAL STABILITY AS REVEALED BY FINANCIAL STATEMENT, EXPERIENCE OR EQUIPMENT, QUESTIONNAIRES, REFERENCES, BANKRUPTCY OR RELATED CONDITIONS

BIDDER'S PENDING PROJECTS WHICH IN THE JUDGEMENT OF THE CITY WILL PREVENT OR HINDER THE PROMPT COMPLETION OF ADDITIONAL WORK IF AWARDED

BIDDER'S FAILURE TO USE THE CITY'S BID BOND FORM IN SUBMITTING HIS BID, OR SUBMISSION OF A CERTIFIED CHECK OR CASHIER'S CHECK NOT DRAWN ON A STATE OR NATIONAL BANK LOCATED IN THE COUNTY OF DALLAS

ANY FACTORS CONCERNING THE BIDDER'S QUANTITY OR QUALITY OF THE WORK TO BE PERFORMED OR OTHER FACTORS AS DEEMED APPROPRIATE BY THE RFB.

34. DURING THE BID PROCESS, BIDDER SHALL NOT CONTACT ANY CITY STAFF EXCEPT THOSE DESIGNATED IN THE TEXT OF THE RFB OR IN SUBSEQUENT DOCUMENTATION. ANY QUESTIONS OR CONCERNS SHOULD BE ADDRESSED IN WRITING TO THE CITY'S PURCHASING AGENT, 1500 MARILLA, ROOM 3FS, DALLAS, TX 75201. NONCOMPLIANCE WITH THIS PROVISION MAY RESULT IN REJECTION OF THE BID.

35. OFFSET. THE CITY MAY, AT ITS OPTION, OFFSET ANY AMOUNTS DUE AND PAYABLE UNDER A CONTRACT AWARDED UNDER THE RFB AGAINST ANY DEBT (INCLUDING TAXES) LAWFULLY DUE TO THE CITY FROM CONTRACTOR, REGARDLESS OF WHETHER THE AMOUNT DUE ARISES PURSUANT TO THE TERMS OF THE CONTRACT OR OTHERWISE AND REGARDLESS OF WHETHER OR NOT THE DEBT DUE TO THE CITY HAS BEEN REDUCED TO JUDGMENT BY A COURT.

36. THE RFB CAN ONLY BE MODIFIED OR REVISED BY WRITTEN ADDENDUM PREPARED BY THE CITY AND ISSUED OR DISTRIBUTED BY THE CITY'S PURCHASING DIVISION. ORAL MODIFICATIONS SHALL NOT BE PERMITTED AND ARE NOT AUTHORIZED.

37. FAILURE TO USE THE CITY OF DALLAS BID BOND FORM OR THE CITY'S REQUEST FOR BID FORM MAY RESULT IN DISQUALIFICATION OF THE BID.

38. THE CITY WILL NOT BE LIABLE FOR ANY COSTS INCURRED BY A BIDDER IN RESPONDING TO THE BID REQUEST.

39. ALL INDIVIDUALS OR FIRMS NEEDING ASSISTANCE WITH BID/PROPOSAL PREPARATION, BONDING OR INSURANCE REQUIREMENTS MAY CALL 214-671-9277.

40. ALL PRODUCTS AND/OR SERVICES OFFERED TO THE CITY OF DALLAS ARE TO BE YEAR 2000 COMPLIANT.

41. BIDDERS/PROPOSERS SHALL NOT HAVE OUTSTANDING, UNPAID LIABILITIES WITH THE CITY OF DALLAS. SUCH LIABILITIES MAY INCLUDE, BUT NOT LIMITED TO, PROPERTY TAXES, LOCAL AND/OR ARENA HOTEL/MOTEL OCCUPANCY TAXES, LICENSE PERMITS AND UTILITIES. ANY PROPOSER THAT HAD SUCH LIABILITIES MAY BE DEEMED NON-RESPONSIBLE AND THE SUBMITTED BID/PROPOSAL WILL NOT BE GIVEN FURTHER CONSIDERATION.