4-04 - Annual Contract Standard Provisions.pdf
PDF 105 KB Posted
- Solicitation number
- 26-35-A
- Issued by
- Denton County, Texas
About this file
This document contains the Standard Provisions for Annual Contracts issued by the City of Lewisville Purchasing Division and applies to the competitive sealed bid solicitation for Portable Toilet Services from the Parks & Recreation Department. The contract term is twelve months with the option to extend for up to three additional twelve-month periods, contingent upon mutual agreement between the City and the contractor. The City will issue purchase orders to specify the time, place, and quantity of goods and services to be delivered based on the City's actual requirements, which may vary from the estimated quantities shown in bid sheets. All goods and services must comply with the Americans with Disabilities Act and related regulations.
Pricing for goods and services shall be based on the contractor's submitted bid sheet prices throughout the initial term and any extensions. At the time of contract renewal or extension for additional twelve-month periods, the City may adjust prices to reflect documented changes in material costs, provided the contractor furnishes written documentation allowing the City to verify all requested adjustments. The contractor must continue performance during any transition period following contract expiration, not to exceed ninety days unless mutually agreed otherwise in writing, with compensation provided only if services meet contract compliance requirements. The City reserves the right to order additional services beyond the original solicitation specifications through written order, with time adjustments subject to contractor approval. Contractors must comply with Texas Local Government Code Section 552, Subchapter J, or the contract may be terminated.
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Text version
CITY OF LEWISVILLE
PURCHASING DIVISION
ANNUAL CONTRACT STANDARD PROVISIONS
Contractor and the City agree as follows:
1. TERM: The term of this annual Contract is twelve-months, with the option to extend for up to three (3) additional twelve-month periods, subject to the approval of the Contractor and the City Manager, or his designee.
2. TRANSITION TERM: Upon the expiration of the Initial Term or any subsequent Renewal Term, the Contractor shall continue performance under this Contract until the City has a new Contract in place with either the Contractor or another provider or until the City terminates the Contract. In no event shall this transition term exceed ninety (90) calendar days unless the City and the Contractor mutually agree otherwise in writing. The City will pay Contractor for all Services rendered in compliance with this Contract during this transition term. If Services rendered during this transition term are not, in the City’s judgment, in compliance with the requirements of this Contract, no payment will be owed.
3. DESCRIPTION - SALE OF GOODS AND SERVICES: Contractor will transfer and deliver to the City, and the City will pay for and accept the City’s requirements during this Contract. It is understood that quantities shown on the Bid Sheets are estimates and do not obligate the City to order or accept more than the City’s actual requirements during the Contract, nor do the estimates limit the City to ordering less than its actual needs during the Contract, subject to availability of appropriate funds.
4. PURCHASE ORDER: The City will exercise its right to specify time, place, and quantity to be delivered through the use of a purchase order.
5. PRICE ADJUSTMENT: All goods and services to be delivered pursuant to this Contract, including any extensions thereof, will be purchased at the prices stated on the Contractor’s Bid Sheet; provided that, at renewal or extension of the Contract for an additional twelve-months, the prices for goods and services to be delivered during the ensuing twelve-month period may be increased or decreased to the extent of changes in the cost of material to Contractor, as reflected in written documentation provided by the Contractor to the City.
The written documentation must allow the City the ability to verify all requested price adjustments.
6. ADDITIONAL SERVICES: The City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Solicitation and Contractor’s Submission or make changes by altering, adding to or deducting from said Services. No such extra work may be undertaken unless written order is first given by the City to the Contractor, incorporating therein any adjustment in the time to perform the Agreement, which said adjustment is subject to the written approval of the Contractor. It is expressly understood by the Contractor that the provisions of his section shall not apply to Services specifically set forth in the Solicitation, and Contractor’s Submission or reasonably contemplated therein.
7. TEXAS LOCAL GOVERNMENT CODE 552: The requirements of Subchapter J, Chapter 552, Government Code, may apply to this proposal and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.
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