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We have received the following request for information and hereby respond as noted:
(1) QUESTION. Request pertaining to the Supplemental Instructions for Proposers and Contractors (SIPC), 6.11 Warranty, 6.11.1: “The liability of the successful proposer to the Agency (except as to title) arising out of the furnishing of the services or of its use under the terms of the contract shall not exceed the correcting of the defect(s) in the services as provided under the contract, and upon expiration of the warranty period all such liability shall terminate except under the warranty for merchantability and the warranty of fitness for a particular purpose. PROPOSED ADDITIONAL LANGUAGE: In the event of a service warranty claim, successful proposer shall re-perform any deficient services, or, if successful proposer is unable to remedy such deficiency within thirty (30) days, to void the invoice for the deficient services. successful proposer shall have no obligation with respect to a warranty claim (i) if notified of such claim more than thirty (30) days after the services in question were first performed or (ii) if the claim is the result of third-party hardware or software failures, or the actions of the Agency or a third party.â€
AGENCY RESPONSE. On advice of our legal counsel, we decline to implement the requested revisions or additions.
(2) QUESTION. Request pertaining to the Supplemental Instructions for Proposers and Contractors (SIPC), 6.20 Limitation of Liability: PROPOSED REVISED LANGUAGE: “In no event shall the Agencyeither party be liable to the successful proposer other for any indirect, incidental, consequential, or exemplary damages. PROPOSED ADDITIONAL LANGUAGE: Except for gross negligence or willful misconduct, the successful proposer’s total liability to the Agency arising out of this agreement, regardless of the legal theory upon which such liability may be based, shall not exceed in the aggregate the total payments made by the Agency to the successful proposer in the twelve (12) month period immediately preceding the first occurrence of the event giving rise to such liability.â€
AGENCY RESPONSE. On advice of our legal counsel, we decline to implement the requested revisions or additions.
(3) QUESTION. Request pertaining to the Sample Contract Form, 11.18 Limitation of Liability: “In no event shall either party be liable to the other for any indirect, incidental, consequential, or exemplary damages. PROPOSED ADDITIONAL LANGUAGE: Except for gross negligence or willful misconduct, Contractor’s total liability to the Agency arising out of this agreement, regardless of the legal theory upon which such liability may be based, shall not exceed in the aggregate the total payments made by the Agency to Contractor in the twelve (12) month period immediately preceding the first occurrence of the event giving rise to such liability.â€
AGENCY RESPONSE. On advice of our legal counsel, we decline to implement the requested revisions or additions.
We are grateful for your interest in doing business with our Agency and we look forward to receiving a proposal submittal from your firm.
Regards,
Larry Russell
Interim Executive Director
Livermore Housing Authority |
