CITY OF WENTZVILLE (“CITY”)By: __________________________Nickolas Guccione, MayorDate: _______________________Attest: _________________________City ClerkApproved as to Form: ____________City Attorney________DatePage 23
STANDARD TERMS AND CONDITIONS1. This contract expresses the complete agreement <strong>of</strong> the parties and per<strong>for</strong>mance shall begoverned solely by the terms and conditions contained herein. Changes, additions ormodifications hereto must be writing and signed by the Procurement Director.2. It shall be the Offeror’s responsibility to ask questions, <strong>request</strong> changes or clarification, orotherwise advise the City if any language, specifications, or requirements <strong>of</strong> an RFP appearto be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limitthe requirements stated in the RFP to a single source. Any and all communications fromOfferors regarding specifications, requirements, competitive <strong>proposal</strong> process, etc., mustbe directed to the City Procurement Director unless the RFP specifically refers the Offerorto a<strong>no</strong>ther contact. Such communication should be received at least seven business daysprior to the <strong>of</strong>ficial <strong>proposal</strong> opening date.3. QUANTITIES: The City <strong>of</strong> Wentzville assumes <strong>no</strong> obligations <strong>for</strong> articles or materialsshipped in excess in the quantity ordered. Any unauthorized quantity is subject to theCity's rejection and returned at the Seller's expense. Quantities are estimates only; actualusage may be higher or lower.4. DELIVERY: Time is <strong>of</strong> the essence <strong>of</strong> this order. If deliveries or completion time are <strong>no</strong>tmade at the time agreed upon, the City reserves the right to cancel or to purchaseelsewhere and hold Seller liable <strong>for</strong> any re-procurement costs.5. SHIPMENT: Deliveries shall be FOB Destination unless otherwise specified by the City.6. INSPECTION AND ACCEPTANCE: No material received by the City pursuant to thiscontract shall be deemed accepted until the City has had reasonable opportunity toinspect said material. All material which is discovered to be defective, or which does <strong>no</strong>tcon<strong>for</strong>m to any warranty <strong>of</strong> the Seller herein, upon inspection, or at any later time if thedefects contained in the material were <strong>no</strong>t reasonably ascertainable upon the initialinspection, may be returned at the Seller's expense <strong>for</strong> full credit or replacement. Suchright to return <strong>of</strong>fer to the City arising from the City's receipt <strong>of</strong> defective goods shall <strong>no</strong>texclude any other legal, equitable or contractual remedies the City may have there<strong>for</strong>e.7. WARRANTY: Seller expressly warrants that all articles, materials and work covered bythis contract will con<strong>for</strong>m to each and every specification, drawing, sample or otherdescription which is furnished to or is adopted by the City and that they will be fit andsufficient <strong>for</strong> the purpose intended, merchantable, <strong>of</strong> good material and workmanship, andfree from defect. Such warranty shall <strong>no</strong>t be deemed waived either by reason <strong>of</strong> the City'sacceptance <strong>of</strong> said material or goods or by payment <strong>for</strong> them.8. SOLICITATIONS $25,000 OR GREATER:All Proposers are to include within their <strong>of</strong>fer submission a City <strong>of</strong> Wentzville Business, ifavailable, as a subcontractor and the potential dollar value <strong>of</strong> the goods and/or services tobe purchased as related to the solicitation. When there is <strong>no</strong>t a City <strong>of</strong> WentzvilleBusiness source available, to show the same within the <strong>of</strong>fer submission.A maximum <strong>of</strong> ten (10) points shall be applied during the evaluation process to any PrimeBidder that subcontract up to 10% <strong>of</strong> the total bid amount to City <strong>of</strong> Wentzville Businesses.Evaluation points shall be assigned on a graduated basis <strong>for</strong> any percent less than 10% <strong>of</strong>Page 24
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