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(1) The Bid Documents Shall Include the Following:

(a) Instructions and information to bidders concerning the bid submission requirements, including the time and date set for opening of bids, the address of the office to which bids are to be delivered, and any other special information;

(b) Where applicable, the purchase description, specifications, delivery or performance schedule, inspection and acceptance requirements, and special evaluation factors; and

(c) The contract terms and conditions, including warranty, bonding and bid security requirements, as applicable.

(d) All addenda issued by the manager.

(2) Determination of Contractual Terms and Conditions. The manager is authorized to determine the contractual provisions, and terms and conditions of solicitations and contracts, provided such provisions, terms and conditions are not contrary to statutory or regulatory requirements.

(3) Compliance and Exceptions to terms and Conditions

(a) The Manager has the right to reject any bid or proposal that takes exception to specifications or to contract terms unless the right to take exception is specifically granted in the Invitation to Bid or Request for Proposals. Bids or proposals which take exception to the specifications or contract terms, or which are made contingent upon the City's acceptance of different or additional specifications or terms, may be rejected because they are not responsive to the Invitation to Bid or the Request for Proposals.

(b) Any exceptions to the terms, conditions or specifications must be clearly stated in writing by the bidder in the signed returned bid or proposal. Exceptions to the terms and conditions become part of the contract only upon written acceptance by the City.

[Amd. Sec. 3, Ord. No. 6884, May 16, 1991; Amd. Sec. 3, Ord. No. 2002-37, Mar. 7, 2002.]