Sample Response on Decline of Invitation by szf39752

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									                   INVITATION for BID

                      VTA06-513-P04

                   CAKES AND PASTRIES




                          Purchasing Office
                    3331 North First Street, Bldg. A
                       San Jose, CA 95134-1927
                             www.vta.org



     Contract Administrator                            Leslie Benton



                          Key IFB Dates

Date Issued                                  November 03, 2006

Submit Questions                             November 17, 2006

Submit Bids:                                 December 07, 2006; 2:00 P.M. PST




                              Page 1 of 33
                INVITATION FOR BIDS

                    VTA06-513-P04

                CAKES AND PASTRIES



                TABLE OF CONTENTS



INVITATION FOR BID ……………………………………………            Page 3-6

INSTRUCTIONS TO BIDDERS …………………………….……          Page 7-9

TECHNICAL SPECIFICATION.…………………………….……          Page 10-11

SCOPE OF WORK………………………………………………….               Page 12-13

BID FORMS ( Bid Form 1 )>>……………………………….……       Page 14-22

STANDARD TERMS AND CONDITIONS .……………...………      Page 23-25

SPECIAL CONDITIONS …………………………………………… Page 26

INSURANCE & INDEMNIFICATION-Exhibit H ……….………   Page 27-29

“NO BID” RESPONSE FORM-Exhibit I …………………………     Page 30

BIDDER’S QUESTIONNAIRE-Exhibit O …………………………     Page 31-33




                      Page 2 of 33
                                    PURCHASING AND MATERIALS MANAGEMENT
                                         3331 North First Street. Building “A”
                                               San Jose, CA 95134-1927

                                                  INVITATION FOR BID
                                                  CAKES AND PASTRIES
                                                     VTA06-513-P04


                                                 CAKES AND PASTRIES

     Invitation for Bid ( I.F.B.)              Request for Quotation ( R.F.Q.)                 Request for proposal (R.F.P.)

INSTRUCTIONS:

The enclosed Santa Clara Valley Transportation Authority (herein referred to as VTA) “conditions” form an integral part of
this bid. Prices must be F.O.B destination, freight prepaid and allowed, unloaded to the dock unless otherwise specified. Cash
discounts will be considered for evaluation in the event of a tie.



BID DUE DATE, TIME, LOCATION, AND CONTACT INFORMATION:
                    CONTRACT                           DATE ISSUED             CLOSING                 BID NUMBER
                  ADMINISTRATOR                                               DATE/TIME
                                                                             (Bid DUE DATE )

       Leslie Benton                                      11/03/2006         12/07/2006              VTA06-513-P04
       Phone (408) 952.8901
       FAX (408) 954.1360
       e-mail: Leslie.benton@vta.org
                                                      -Bids will be received until 2:00 P.M. on 12/22/2006




1.   CONTRACT TITLE: CAKES AND PASTRIES

2.   BID OPENING TIME & LOCATION: Sealed bids will be received until 2:00 P.M. on December 07, 2006, at the
     Santa Clara Valley transportation Authority Purchasing Office, 3331 North First Street, Building A, San Jose, CA 95134,
     and at that time publicly opened and read.

3.   BID DOCUMENTS: The following, in addition to this Invitation to Bid, constitute the bid documents in order of
     precedence, and are the instructions and conditions:

     The following documents as checked comprise this solicitation packet:

          Solicitation Amendments, if any,

          Invitation for Bid

          Technical Specifications and/or Scope of Work

          Schedule of Prices and Estimated Quantities (Bid Form 1)



                                                        Page 3 of 33
          Instructions to Bidders

          Special Conditions

          VTA Standard Terms and Conditions

          Exhibit H – Insurance Requirements

          Exhibit O – Bidders Qualification Questionnaire

          Exhibit I – “No Response” Bid Form

4.   TERM OF CONTRACT: Three (3) years from date of award. The contract may be extended for Two additional one (1)
     year periods for a total of five (5) years including the initial contract term. Contract extensions shall be by mutual
     agreement and in compliance with the instructions and conditions stated herein.

5.   CONTRACT TYPE: VTA anticipates the award of a firm, indefinite quantity, fixed-price contract, as a result of this
     Solicitation.

6.   OBLIGATION This Invitation for Bid does not obligate VTA to award a contract or to pay costs incurred in the
     preparation or submittal of any bid.

7.   INSURANCE & INDEMNIFICATION: Each prospective Bidder is cautioned to review the Insurance and
     Indemnification requirements of this Solicitation. See Exhibit H-1.

8.   PRICE: It is the desire of VTA to enter into an Indefinite Quantity Master Pricing Contract with the successful Bidder
     who agrees that the prices quoted are firm and fixed for the duration of the contract The unit price as bid will apply
     regardless of the actual quantity purchased.

         8.1    No additional charges will be allowed unless agreed to in writing by VTA prior to delivery of goods and/or
                services. Bidder agrees that the prices quoted on the attached Bid Form, are maximum for the period of the
                proposed contract, and in the event of a price decline, the benefit of such lower price shall be extended to VTA.

9.   PRICE INCREASE: VT A will consider a price increase not to exceed three percent (3%) at the beginning of the third
     year of this contract or at the beginning of any extension period of this contract if requested in writing by the successful
     contractor.

         9.1    Contractor must submit any requested price increase in writing 60 days in advance of the beginning of the third
                year of the contract, or any extension period, and shall provide documented proof substantiating the requested
                price increase. VTA shall have the final determination as to the validity, and applicability of such documented
                proof with regard to price increase requests.

10. FREIGHT TERMS: All deliverables shall be FOB Destination, prepaid and allowed, at no additional cost to VTA unless
    specified otherwise in the scope of work. Destination is defined for purposes of this contract as the VTA location as
    specified under Delivery. Any exception to this policy may deem the bid non-responsive.

11. INVOICE BILLING/PAYMENT TERMS: Invoice and payment procedures are detailed in the Special Conditions
    section of this bid.

12. SPECIFICATIONS: Per included Scope of Work document.

13. QUANTITIES: The Contractor understands that the quantities of the various unit price items specified in this Invitation
    for Bid (if any) are the approximate quantities of such items as estimated by VTA, and are not in any way guaranteed or
    represented as correct or intended to be relied upon, and they shall not be taken as final and shall form no basis for any
    claims or damages including, but not limited to, anticipated profits in case they diminish, or to omit entirely, any of the
    quantities or items therein stated in the Price Schedule or these Contract Documents.

14. BIDS: All bid must be received in sealed envelopes with the bidder’s company name, bid number, closing date and time
    noted on the outside of the envelope. At this time, Electronically submitted bids cannot be accepted.




                                                          Page 4 of 33
15. TERMINATION: This contract may be terminated by VTA with or without cause, upon 30 days written notice to
    Contractor as described in the Standard Terms and Conditions section of this bid solicitation.

16. AWARD CRITERIA: Contracts shall be awarded to the lowest responsive and responsible bidder found to have the
    fitness, quality, and capacity to satisfactorily deliver the goods and services as detailed in the bid package. Any potential
    contract award will be subject to a VTA technical and business evaluation of the bidder prior to any contract award. VTA
    reserves the right to reject any and all bids or to waive any formalities or technicalities in any bid in the interest of the
    authority and to award it to the best interest of the authority. Single conforming bids are subject to price or cost analysis
    by the Authority. Bids will be valid for review and award up to 45 days after bid opening.

    The specific basis of award is designated on the Bid Form Schedule of Prices sheet that is a part of this bid document.

17. SOLICITATION SUBMITTALS:

    Your Bid submittal should include the following:
            1. Bid Signature Page ( This Section )
            2. Bid Form 1 Schedule of Prices AND Signature Page
            3. Bidder’s Questionnaire
            4. Additional Submittals (Page 23) – List of Pastries, flavors, and specialty products

18. ESTABLISHING EQUALS: In order to establish a basis for quality, certain materials, process types of machinery and
    equipment, may be specified in the plans or specifications, either by description of process or by specifying a kind of
    material. It is not the intent of these specifications to exclude other processes, equipment, or materials of equal value,
    utility, which are approved by VTA. In order for the VTA to properly establish the good quality of an offered
    manufacturer’s product for that specified, the supplier must furnish sufficient technical data, test results and other
    information to enable VTA to determine whether the product in question is or is not equal to that specified. It should be
    understood further that specifying a brand name, components, and/or equipment in these specifications shall not relieve the
    supplier from its responsibility to produce the product in accordance with the performance warranty and contractual
    requirements stated herein. VTA shall be the sole judge as to the equality and suitability of the proposed alternatives or
    equals.

19. DELIVERY ADDRESS FOR FINISHED GOODS: facilities within Santa Clara County, and various other locations as
    needed.

20. SMALL BUSINESS ENTERPRISE POLICY
    Policy
    It is VTA policy to ensure that Small Business Enterprises (SBEs), as defined in Federal Regulations at 13 CFR Part 121,
    have the maximum opportunity to participate in the performance of Contracts ands subcontracts.
    SBE Goal
    VTA has not established a specific goal for this procurement due to the size of the project or unknown availability of
    subcontract opportunities.
    If, however, the Proposer intends to use the services of subcontractors or purchase goods from suppliers during the
    performance of this contract, proposer shall afford maximum opportunities to SBEs when possible.




                                                         Page 5 of 33
21. WEBSITE REGISTRATION: Bidders must register on VTA’s website as a condition of bidding to Ensure receiving
    notification of any potential addendums or other pertinent information, as well as notification of closing and award even if
    this was a manually processed bid invitation. Go to www.vta.org and select the procurement button on the left hand
    BLUE column of the screen. On the next screen, select “General Information”. From there, select “How to Become a
    Vendor”, and on the next screen click on ‘VTA Procurement Registration Page”. The system will lead you through the
    registration process. During the registration process, you will select from a list of procurement categories, so that you are
    advised of solicitations, and addendums that are relative to your interests. The categories you will select from are broken
    down into three main areas: General Services (GS); Goods, Supplies and Equipment (GSE); and Engineering, Planning
    and Construction (EPC).

         This solicitation is listed under GSE (Goods, Supplies, and Equipment), under the category) = “Food, Catering”.

    Be sure to put a checkmark in this specific category. You will receive an e-mail confirming your registration, that you
    MUST acknowledge by following the instructions contained in the e-mail message. After confirmation is complete, you
    are a confirmed registered bidder. If any addendums, or notifications for this, or future solicitations of similar items are
    posted to the VTA website, you will receive an email message directing you to go to the site to view and download the
    solicitation documents.

    Note: To review bids after award of contract, contact the Contract Administrator listed on Page 1 of this document.



BY SIGNING, THE BIDDER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS THE BID
DOCUMENTS AND THAT HE/SHE OFFERS AND AGREES TO FURNISH THE GOODS AND/OR SERVICES
SPECIFIED UNDER THE INTRUCTIONS AND CONDITIONS STATED THEREIN.

SIGNATURE: ____________________________________________________________________

PRINT NAME: ____________________________________________________________________

FIRM:            ____________________________________________________________________

ADDRESS:        _____________________________________________________________________

TELEPHONE: _______________________________FAX: ________________________________

DATE:            _______/_______/_______

E-MAIL ADDRESS: _________________________________________________________________




                                                         Page 6 of 33
                                            INSTRUCTIONS TO BIDDERS


1.   EXAMINATION OF DOCUMENTS:
     1.1 A complete set of bid documents shall be used in preparing a bid; VTA assumes no responsibility for errors or
         misinterpretations resulting from the use of incomplete sets of documents.
     1.2 Each bidder should carefully examine these documents and take such other steps as may be reasonably necessary
         to ascertain the contract performance requirements. Failure to do so will not relieve bidders from responsibility
         for estimating properly the difficulty or cost of successfully performing the Contract. Extra compensation will
         not be allowed for conditions that are determinable by examining these documents.

2.   INTERPRETATION:
     Should any discrepancies or omissions be found in the bid specifications, or doubt as to their meaning, the bidder shall
     notify the Contract Administrator in writing at once. The Contract Buyer will send written instruction or addenda to all
     bidders. Receipt of addenda by the bidder must be acknowledged in the space provided on Bid Form 1. VTA shall not
     be held responsible for oral interpretations. Questions must be received at least ten calendar days before date set to
     receive bids. All addenda issued shall be incorporated into the contract. VTA will assume no responsibility for any
     understanding or representations concerning conditions made by any of its officers, agents or employees prior to the
     execution of the Contract, unless included in these documents.

3.   BIDDER QUALIFICATIONS AND ELIGIBILITY FOR AWARD:
     3.1 Each bidder shall complete, and submit with the bid, the Bidder’s Questionnaire contained in these documents. If
         the bidder is a joint venture, each joint venture shall prepare and submit a separate form. Failure to complete and
         return the Bidder’s Questionnaire may be grounds for rejection of the bid.
     3.2 When Federal, State or Local law or ordinance requires a special license or permit, a bidder must be properly
         licensed prior to submitting a bid and furnish evidence of such with the bid.
     3.3 In order for a bidder to be eligible to be awarded the Contract, the bid must be responsive to the Solicitation and
         VTA must be able to determine that the bidder is responsible to perform the Contract satisfactorily.
     3.4 Bids deviating or taking exception to the Solicitation requirements will not be considered.
     3.5 Bidder shall have the equipment, organization, facilities and financial capability to perform the services required
         by this Solicitation. No work shall be brokered under this Solicitation.

4.   PROTESTS:
     Bidders seeking review of the Solicitation documents or the Contract process shall use the following procedures:

     4.1   General A Bidder may discuss the Solicitation with VTA. Such discussions do not, however, relieve Bidders
           from the responsibility of submitting written documented requests as required by these procedures. Bidder
           requests and protests shall be addressed to the Contracts Office, Santa Clara Valley Transportation Authority,
           3331 North First Street, San Jose, CA 95134, Attention: Purchasing & Materials Manager, and clearly marked
           “Bid Protest” on the outside of the envelope. VTA will decide the merits of the request or protest and render a
           determination. The protest resolution record will be provided to the protesting Bidder upon request.

     4.2   Pre-Bid Opening Protests Prior to bid opening, a bidder may submit to VTA protests regarding the procurement
           process or on items in the Solicitation. Any such protest shall be received by VTA, in writing, not less than ten
           working days before the date of scheduled Bid Opening. Any protest shall be fully supported with technical data,
           test results, or other pertinent information as evidence that the protest should be upheld.

     4.3   VTA will make a determination of each Bidder protest. That written determination will be mailed or otherwise
           furnished to the Bidder.

     4.4   Post Bid Opening Protest Protests based upon alleged improprieties in the procurement or the procurement
           process which can only be apparent after Bid Opening or the closing date for receipt of additional post Bid
           Opening documentation, shall be filed no later than five (5) working days following the issuance of a Notice of
           Recommended Award. Protests shall contain a statement of the grounds for protests and supporting
           documentation. Final VTA decision on the protest will be mailed or otherwise furnished to bidder prior to award
           of the contract.




                                                       Page 7 of 33
      4.5   Appeal If the protester is not satisfied with the decision rendered by the Purchasing and Materials Manager, the
            protester may appeal the decision to the Chief Financial Officer. The appeal must be filed not later than three (3)
            working days after the date the protestor receives the decision of the Purchasing and Materials Manager. The
            appeal shall be submitted in writing to:

                                        Chief Financial Officer
                                        Santa Clara Valley Transportation Authority
                                        3331 North First Street
                                        San Jose, CA 95134-1927

5.    PREPARATION OF BIDS:
      5.1 All prices and notations must be printed in ink or typewritten. No erasures are permitted. Errors may
          be crossed out and corrections printed in ink or typewritten nearby and must be initialed in ink by person signing the
          bid.

      5.2 Bid on each item separately. Prices should be stated in the units specified. Sales tax, if any, should be stated
          separately.

      5.3 Delivery date or time of performance is a part of the bid and must be adhered to.

      5.4 All bids must be signed by an authorized representative with the name, title, and firm name clearly printed.

6.    SUBMISSION OF BIDS:
      6.1 Each bid must be submitted on enclosed VTA forms, in a sealed envelope, with company name, bid number, closing
          date and time noted on the outside of the envelope.

      6.2 Bid submission modifications or corrections thereof received after the closing time specified will be rejected.

      6.3 Not withstanding the time for opening bids established in the Request for Proposal, the bid opening might be
          postponed solely at VTA’s discretion.

7.    ACCEPTANCE OF BIDS:
      7.1 A Contract Award Letter, or Purchase Order, mailed or otherwise furnished to the successful bidder within the time
          for acceptance, results in a binding contract without further action by either party. The contract shall be interpreted,
          construed and given effect in all respects according to the laws of the State of California.

      7.2 Bids are subject to acceptance at any time within 45 days after opening, unless otherwise stipulated in bid.

8.    TIE BIDS: All other factors being equal, the contract shall be awarded to the vendor located within Santa Clara
      County, or if neither or both are located within Santa Clara County, it may be awarded by the flip of a coin in the
      presence of witnesses, or the entire bid may be rejected and re-bid.

9.   AWARD:
      9.1 Award of a firm fixed-price, indefinite quantity contract, if awarded, will be made to the lowest responsive,
          responsible bidder with the bid that most conforms to the requirements of this Solicitation.

      9.2 The Basis of Award shall be the total of the bid price as submitted on Bid Form 1.

      9.3 There will be no award in Part. A contract will be awarded to one (1) company, for all services, supplies, and
          materials.

      9.4 VTA reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received.

      9.5 In the event of a discrepancy between the unit price bid and the price extension, the unit price bid will be deemed
          intended by the bidder and the extension will be adjusted accordingly. Failure to list a unit price will result in the
          bid being rejected as non-responsive.

      9.6 The bidder whose bid is accepted shall, within the time established in 7.2 above, enter into a written contract with
           VTA and furnish the required Certificate of Insurance within 5 days of Notice of Award.




                                                         Page 8 of 33
10. TAXES:
    Contractor will be responsible for assessing any and all applicable taxes related to the purchase of, or installation of,
    materials used as part of this contract. For material used on a VTA project, the Contractor will assess and any all
    applicable taxes and will, for purposes of determining transaction or use tax liability, use the VTA job site as the place
    where “engaged in business”.

11.   DISCLOSURE OF BID INFORMATION:
      After award, all bids shall be open to public inspection. VTA assumes no responsibility for the confidentiality of
      information offered in a bid.




                                                         Page 9 of 33
                                                    SPECIFICATION
                                                  I.F.B. No. VTA06-513-P04
                                                   CAKES AND PASTRIES


1. PURPOSE
         The Santa Clara Valley Transportation Authority provides cakes, and various pastries for organizational events
      throughout the year. Events typically include, but are not limited to: Employee Retirement(s), Public Relations
      events, employee milestones, etc. Quantities vary from year to year, as do the size, flavor, and decorations adorning
      each cake. VTA expects the successful bidder to provide the VTA logo as an option to the decoration on any cake,
      delivery of cakes to various VTA facilities, and a variety of cake options (flavors, fillings, icings, etc…), as specified
      below.

2. CAKE TYPES
       At Minimum, VTA expects the following cakes to be available for order:

                         SIZE                                      NUMBER OF SERVINGS
                         8-inch Round                              Up to 10
                         10-inch Round                             12 - 15
                         12-inch Round                             25 – 30
                         14-inch Round                             35 – 40
                         1/4-Sheet                                 15
                         1/2-Sheet                                 25 – 30
                         Full Sheet                                50 - 60


3. CAKE FLAVORS
      At Minimum, VTA expects the following cake flavors to be available for order:

                         FLAVORS                                     FLAVORS
                         Angel Food                                  Marble
                         Banana Nut                                  Peach
                         Cherry                                      White
                         Chocolate                                   White Chiffon
                         Devils Food                                 Yellow
                         Lemon


4. CAKE FILLINGS
      At Minimum, VTA expects the following fillings to be available for order:

                         FLAVORS                                     FLAVORS
                         Apple                                       Fudge
                         Apricot                                     Lemon
                         Banana Cream                                Mint Cream
                         Berry                                       Peach
                         Cherry                                      Pineapple
                         Chocolate Cream                             Pumpkin
                         Custard                                     Strawberry
                         Fresh Strawberry                            Vanilla ream




                                                         Page 10 of 33
5. CAKE FILLINGS
      At minimum, VTA expects the following fillings to be available for order:

                        FLAVORS                                     FLAVORS
                        Butter Cream                                Whipped Cream
                        Chocolate                                   Vanilla
                        Cream Cheese



6. CAKE TOPPINGS
      At minimum, VTA expects the following toppings to be available for order:


                        TOPPINGS                                    TOPPINGS
                        Peanuts                                     Coconut
                        Jimmies (Sprinkles)                         Pecans
                        Walnuts                                     Almonds




6. CAKE DECORATIONS
      At minimum, VTA expects each cake to be delivered with a basic theme, or adornment (example: Flowers,
      streamers, Colorful border, etc…). Please factor this requirement in to the bid pricing you enter in section 1,
      on pages 19, 20, 21, and 22 of this Invitation fro Bid.




                                                        Page 11 of 33
                                          SCOPE OF WORK
                                         I.F.B. No. VTA06-513-P04
                                          CAKES AND PASTRIES



1 ORDERING PROCESS

       PURCHASE ORDER:            VTA will provide a blanket purchase order to the successful bidder, identifying the
                                  items that may be ordered on an as needed basis. Bidder must be able to receive
                                  orders via telephone, and fax. On-Line ordering will be considered beneficial, but is
                                  not established as a requirement for purposes of this bid.

                                  The successful bidder will NOT ship goods, or deliverables to VTA, without having
                                  first received a purchase order from the VTA Purchasing department.

       DELIVERY                   Delivery is a REQUIREMENT (MANDATORY) for this Invitation for Bid.
                                    ( Deliveries will be required within Santa Clara County.)

           LOCATIONS:             VTA requires delivery to the addresses listed below:

                                  RIVER OAKS FACILITY                   3331 North First St., San Jose, CA 95134
                                                                        (Bldgs. A, B-1, B-2, C-1, and C-2)

                                  CERONE FACILITY                       3990 Zanker Rd., San Jose, CA 95134
                                                                        (Bldgs. A, B, C, D, E, F, G, I, J, K, L, M, N)

                                  GUADALUPE (YOUNGER)                   101 West Younger Av., San Jose, CA 95110
                                                                        (Bldgs. A, B, C, D, E, G, H, I, K)

                                  NORTH DIVISION                        1235 L’Avenida, Mountain View, CA 94043
                                                                        (Bldgs. A, B, C, D)

                                  OTHER ADDRESSES:                      VTA reserves the right to request alternate
                                                                        delivery locations, as necessary.

                                                                        Requests for alternate delivery locations
                                                                        MUST ONLY be filled when accompanied
                                                                        by a purchase order issued by the VTA
                                                                        Purchasing department.

                                    * Deliveries shall NOT be left in an outdoor, uncovered area, unless requested in
                                             writing by the VTA Purchasing Department.

                                    * Contractor must obtain a signature AND Printed Name of recipient, at time of
                                            delivery.



           HOURS of OPERATION: Delivery hours differ at each VTA facility, and will be provided at time of order.




                                               Page 12 of 33
              PACKAGING:               Products are to be delivered inside of a clean, and sanitary pastry box. Product
                                       should also be placed upon wax paper, or suitable material meeting FDA guidelines
                                       for consumable food products. The box is to be closed and taped shut at time of
                                       delivery. Box contents is to be protected from outside contamination, both while in
                                       transit, and at time of delivery. Packaging is to be suitable for the size, shape, and
                                       weight of the product being delivered. Any delivery in which the container/box fails
                                       to properly contain the product, will be rejected.

              RECEIPTS:                ALL deliveries are to be acknowledged and signed for by a VTA employee.
                                       A packing slip is to accompany each delivery.


2. DISCREPANCIES / REJECTED ORDERS

              VTA Reserves the right to refuse to accept any delivery in which any of the following conditions exist::

                       A. Product appears unsafe for human consumption
                       B. Product is damaged beyond that which would be considered minimal under normal transit
                          conditions
                       C. Contamination with foreign debris
                       D. Incorrect size, shape, design (differs from that which was ordered)
                       E. Foul odor
                       F. Incorrect delivery location
                       G. Product is crushed, broken, or incomplete
                       H. Packaging is damaged, and appears to have allowed product contact with outside surfaces.
                       I. Product has been partially consumed (or appears to have been)
                       J. Product has an unusual taste, or taste that is inconsistent with the flavors ordered.
                       K. Product is stale, or otherwise dry, hard, or appears to have been


3. BILLING / INVOICING

      ALL Invoices shall display the following details:

              Invoice number                               Quantity of each item shipped, and billed
              Date of Invoice                              VTA Cost Center and / or Project Code
              Purchase Order (P.O.) number                 Description of item(s) billed
              Correct VTA billing address                  Unit Price for each item ordered
              Extended Price                               Total amount billed
              Subtotal                                     Any special charges / fees associated with the order.
              Any applicable Taxes ( and a description of computation method for tax.)




                                                     Page 13 of 33
                                                VTA06-513-P04
                                             CAKES AND PASTRIES

                                                     BID FORM 1



                              SCHEDULE OF PRICES AND ESTIMATED QUANTITIES

In compliance with your Invitation to Bid for this project, the undersigned Bidder, being thoroughly
familiar with the terms and conditions of the Solicitation documents, hereby proposes and agrees fully to
perform the work within the time stated and in strict accordance with the Solicitation documents.

Note: It is the Bidder’s responsibility to obtain all addenda to this solicitation.
The Bidder hereby acknowledges receipt of the following Addenda to the Solicitation documents:



Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________

Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________

Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________

Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________

Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________

Addendum No. ________ Dated ____________                    Addendum No. ________ Dated ____________




                                                                                      CONTINUED




                                                      Page 14 of 33
                                                BID FORM 1
                                            VTA06-513-P04
                                         CAKES AND PASTRIES

                                                  SAMPLES


   Please DO NOT include samples with your bid submittal.

    VTA may request samples from the successful bidder, prior to award of any contract. Samples are to
be of sufficient quantity (one inch by one inch; (1” x 1”) piece per person) to allow tasting by up to five
(5) individuals. VTA may request a larger sample size if required. Samples are to consist of any one (1)
of the exact items that are described in the bidder’s bid submittal.


REJECTION OF FIRST SAMPLE
   If the first sample is rejected, the bidder will be given a second opportunity to provide another sample,
within three days of the first sample tasting date.


REJECTION OF SECOND SAMPLE
   If a bidder is asked to submit a second sample, the submission is to be of the same size, design, flavor,
and decoration as the first sample. Bidder may add, or remove any item/substance that is suspected of
causing the first sample to be rejected.. If the second sample is deemed by VTA to be unacceptable,
bidder will be disqualified.


REJECTION CRITERIA
  A sample may be disqualified for any of the following reasons:

               [] Flavor is deemed to be unacceptable (pungent, rancid), or is absent.
               [] Cake, icing or filling is, or appears to be, stale, rancid, melted, liquefied, or otherwise
                       not fit for consumption.




                    Please DO NOT SUBMIT samples
                    until requested to do so, in writing.

ACCEPTANCE OF SAMPLES
  Samples will be used to verify that the bidder’s product is acceptable. Please refer to item “16. AWARD
CRITERIA” spelled out on page 5 of this Invitation for Bid, for specific details on the basis for award.




                                                 Page 15 of 33
                                                                 BID FORM 1
                                                                VTA06-513-P04
                                                             CAKES AND PASTRIES
                                                  LIST OF PURCHASES* – July 2004 through June 2005

      July 2004 through June 2005
                                                              ICING
QTY       SIZE           FLAVOR               ICING                           FILLING             LOGO         DECORATIONS                        INSCRIPTION
                                                              EXTRA
 1    Full        Pink Chiffon         Butter-Cream        Pink        Custard               None            Pink Fish              Happy Birthday Curt
 1    1/2-Sheet   Marble               Butter-Cream        None        Raspberry             None            Roses and Pastels      Happy Retirement Jean
 1    Full        Peach Cobbler        None                None        Peach Cobbler         None            None                   None
 1    Full        Carrot               Cream Cheese        None        None                  None            Confetti & Streamers   Cong on Ret. Ron
 1    Full        White                Whipped-Cream       None        Banana / WC           VTA             Confetti & Streamers   Cong Class of 2005
 1    1/2-Sheet   Devil Food           Choc WC             None        Fudge                 VTA             Confetti & Streamers   Happy Retirement Ron
 1    Full        Chocolate            Butter-Cream        None        Raspberry             VTA             Confetti & Streamers   Congratulations Elizabeth EOM
 1    1/2-Sheet   Devil Food           Fudge               None        Fudge                 VTA             Confetti & Streamers   Congratulations Class #1 -2005
 1    1/2-Sheet   White                Whipped-Cream       None        Strawberry            VTA             <unknown>              Congratulations Cindy 10-98
 1    Full        Carrot               Cream Cheese        None        Cream Cheese          VTA             <unknown>              Happy Retirement Tom
 1    Full        White                Whipped-Cream       None        Lemon                 VTA             Confetti & Streamers   Red Hearst w/Care Bear Team
 1    1/4-Sheet   Devil Food           Choc WC             None        Fudge                 None            Confetti & Streamers   Cong Cecelia EOM
 1    Full        White                Butter-Cream        None        Raspberry             Cust Beach RV   Confetti & Streamers   The Road to Ocean Shores Retirement Pam
 1    1/2-Sheet   Carrot               Cream Cheese        None        Cream Cheese          None            Confetti & Streamers   Mohan will miss you best of luck
 1    Full        Carrot               Cream Cheese        None        Cream Cheese          None            Confetti & Streamers   Happy Retirement Robin
 1    Full        Chiffon              Whipped-Cream       None        Straw-Mousse          Halloween       Halloween              Congratulations Connie
 1    Full        Carrot               Cream Cheese        None        Cream Cheese          VTA             VTA Colors             We'll miss you Tony
 1    1/2-Sheet   White                Whipped-Cream       None        Strawberry            VTA             VTA Colors             Cong 10-98
 1    Full        Chiffon              Whipped-Cream       None        Strawberry            None            Confetti & Streamers   Happy Retirement Gil
 1    Full        Marble               Whipped-Cream       None        Strawberry            VTA             Confetti & Streamers   Congratulations Class 3 of 2004
 1    Full        White                Whipped-Cream       None        Banana                VTA             Confetti & Streamers   Happy Retirement Ruthie
 1    Full        Marble               Whipped-Cream       None        Strawberry            VTA             Confetti & Streamers   Cong Class 2 of 2004
 1    Full        Marble               Whipped-Cream       None        <unknown>             VTA             Confetti & Streamers   Happy Retirement Bruce
 1    1/2-Sheet   White                Whipped-Cream       None        Custard               VTA             Confetti & Streamers   Congratulations 10-98
 1    Full        White                Whipped-Cream       None        Raspberry             VTA             Confetti & Streamers   Congratulations Class 1-04
 1    Full        Marble               Butter-Cream        None        Custard               None            VTA Colors             Good Luck
 1    Full        White                Whipped-Cream       None        Strawberry            None            VTA Colors             Best Wishes
 1    Full        Marble               Whipped-Cream       None        Raspberry             None            Confetti & Streamers   Congratulations Bob Harris Ret.
 1    Full        Burnt-Almond         Cream Cheese        None        None                  None            Confetti & Streamers   Congratulations Bob Harris Ret.
 1    Full        Burnt-Almond         <unknown>           None        None                  None            Flowers                Happy Retirement
 1    1/2-Sheet   Carrot               Cream Cheese        Walnuts     Cream Cheese          VTA             Confetti & Streamers   Happy Retirement
 1    Full        White                Whipped-Cream       None        Strawberry            None            Roses                  Cong Jen EOM
 1    Full        White                Whipped-Cream       None        Strawberry            None            Confetti & Streamers   Congratulations
 1    1/2-Sheet   Devil Food           Whipped-Cream       None        Banana                None            Purple Flowers         Purple Pig
 1    Full        White & 1/2-Choc     Whipped-Cream       None        Banana w/Custard      None            Pink & Purple          Good Luck Natalie
 1    Full        White                Whipped-Cream       None        Raspberry             None            VTA Logo               Good Luck Josh
      •   Quantities indicated above are VTA’s Best Guess Estimate, based on historical data, and projected requirements for future years.


                                                                            Page 16 of 33
                                                                         BID FORM 1
                                                                        VTA06-513-P04
                                                                     CAKES AND PASTRIES
                                                          LIST OF PURCHASES* – July 2005 through June 2006
      July 2005 through June 2006
                                                               ICING
QTY       SIZE           FLAVOR                ICING                                FILLING                   LOGO     DECORATIONS                       INSCRIPTION
                                                               EXTRA
 1    Full Sheet   Chiffon                Whipped Cream       None      Strawberry                         None      Confetti Streamers   Good Luck Roger
 1    Full Sheet   Burnt-Almond           Whipped Cream       None      Strawberry                         VTA       Confetti Streamers   Happy Retirement Tom
 1    Full Sheet   White                  Butter Cream        Coconut   None                               VTA       Confetti Streamers   Happy Retirement George
 1    Full Sheet   White                  Butter Cream        Coconut   None                               VTA       Confetti Streamers   Happy Retirement George
 1    Full Sheet   Chiffon                Whipped Cream       None      Strawberry                         None      Confetti Streamers   Cong. & Welcome
 2    Full Sheet   White                  Whipped Cream       None      Peach Cobbler                      None      Confetti Streamers   <unknown>
 1    1/2-Sheet    White                  Whipped Cream       None      Banana                             None      Flowers              Congratulations Renato
 1    Full Sheet   Devil Food             Butter Cream        None      Custard                            VTA       Flowers              Congrats & Happy Ret. Mike
 1    Full Sheet   Chiffon                Whipped Cream       None      Strawberry                         None      Confetti Streamers   Happy Ret. Chief
 1    Full Sheet   Choc Chiffon           Chocolate - WC      None      1/2 Custard - 1/2 Banana           None      Confetti Streamers   Retirement
 1    1/2-Sheet    Marble                 Whipped Cream       None      Fudge                              None      Confetti Streamers   Congrats Adolf
 1    Full Sheet   White                  Whipped Cream       None      Strawberry                         VTA       Confetti Streamers   Congrats Class of 2006
 1    Full Sheet   Carrot                 Whipped Cream       None      None                               VTA       Wilderness Scene     Happy Trails Chuck
 1    Full Sheet   1/2 Carrot - 1/2 White Whipped Cream       None      1/2 Cream Cheese - 1/2 Raspberry   VTA       Confetti Streamers   Congrats Grads - 2006
 1    Full Sheet   White                  Whipped Cream       None      Strawberry                         VTA       Confetti Streamers   Cong Grads - 2006
 1    Full Sheet   Chiffon                Whipped Cream       None      Strawberry                         None      Confetti Streamers   Happy Retirement Tom
 1    Full Sheet   Chiffon                Whipped Cream       None      Banana                             None      Confetti Streamers   Best Wishes Robert
 1    Full Sheet   Devil Food             Butter Cream        None      Strawberry                         None      Flowers              Best Wishes & Happy Quilting
 1    Full Sheet   White                  Whipped Cream       None      Strawberry                         None      Confetti Streamers   Blessings to you on your Retirement
 1    Full Sheet   Marble                 Butter Cream        None      Strawberry                         VTA       Confetti Streamers   Happy Retirement Ron
 1    Full Sheet   White                  Whipped Cream       None      Strawberry                         VTA       Confetti Streamers   Cong Grads 2005
 1    Full Sheet   Chiffon                Whipped Cream       None      Moose - Straw                      VTA       Confetti Streamers   Michael Best Wishes
 1    Full Sheet   Carrot                 Cream Chs - Plain   None      Cream Chs & Aprocot                None      Fishing Scene        Happy Retirement
 1    Full Sheet   Choc Chiffon           Whipped Cream       None      1/2-Straw - 1/2-Banana             None      Confetti Streamers   Cong Maria EOM
 1    Full Sheet   Devil Food             Fudge               None      Fudge                              VTA       Confetti Streamers   Cong Gilbert EOM
 1    1/2-Sheet    Carrot                 Whipped Cream       None      Cream Chs & Aprocot                None      Poinsetta            Happy Retirement Jerry
 1    Full Sheet   Devil Food             Whipped Cream       None      Banana                             None      VTA                  Happy Birthday Lorraine
 1    Full Sheet   Lemon Crunch           Whipped Cream       None      None                               None      Confetti Streamers   Happy Retirement Rich & Sue
 1    1/2-Sheet    Carrot                 Cream Chs - Plain   None      Cream Chs & Aprocot                None      Fall                 n/a
 1    Full Sheet   Devil Food             Whipped Cream       None      Raspberry                          VTA       Confetti Streamers   Cong. Class 04-05
 1    Full Sheet   Chiffon                Whipped Cream       None      Banana                             None      Sunflowers           Happy Retirement Paula
 1    Full Sheet   Carrot                 Cream Chs - Plain   None      Apricot & Cream Cheese             VTA       Confetti Streamers   Happy Retirement Wayne
 1    Full Sheet   Chiffon                Whipped Cream       None      Strawberry                         VTA       Roses                Happy Retiremetn Lulu
 1    Full Sheet   Carrot                 Cream Chs - Plain   None      Cream Cheese                       VTA       Confetti Streamers   Happy Retirement Pam
 1    Full Sheet   Burnt-Almond           Whipped Cream       None      Strawberry                         VTA       Confetti Streamers   Happy Retirement Marilynn
 1    Full Sheet   Burnt-Almond           Whipped Cream       None      Cream Cheese                       VTA       Confetti Streamers   Happy Retirement Marilynn
 1    Full Sheet   Devil Food             Butter Cream        None      Custard                            VTA       Confetti Streamers   Happy Retirement Mike
      * Quantities indicated above are VTA’s Best Guess Estimate, based on historical data, and projected requirements for future years.


                                                                                       Page 17 of 33
                                               BID FORM 1
                                              VTA06-513-P04
                                           CAKES AND PASTRIES
                                     PRICE PROPOSAL FORM - Page 1 of 5


            Quantities indicated in this Invitation for Bid are based on estimated quantities, derived from previous order history
at VTA, and anticipated future purchases. Actual purchase quantities may vary ( please refer to item No. 13, of this Invitation
for Bid, under the heading ‘QUANTITIES’.). Quantities purchased by VTA can and will fluctuate during the entire term of any
contract subsequently awarded.

   The PER PIECE pricing entered below is to include ALL fees, charges, and incurred expenses, including, but not
limited to; Freight, Shipping, Handling, and delivery. The pricing shown will be the ACTUAL PRICE PAID BY VTA
AFTER AN AWARD OF CONTRACT. NO CHANGES TO THE PRICE WILL BE ALLOWED, except that which is
noted in item 9, page 4 of this Invitation for Bid.


SECTION 1 – PRICES FOR ONE-LAYER CAKES
    Based on the quantities shown for each item below, please enter a price in column A, and tally the
total into Column B.

         At minimum, VTA expects each cake to be delivered with a basic theme, or adornment (example: Flowers,
         streamers, Colorful border, etc…). Please factor this requirement in to the bid pricing you enter in section 1, on pags
         19, 20, 21, asnd 22 of this Invitation fro Bid.


CAKE - NO Filling, with Icing, Decorations, and Inscription
Number of                                                         Price per each          Extended Price (Quantity
                           Cake
Layers to Filling                       Size        Quantity                               times Price per Each)
                           Type
  Cake                                                             (COLUMN A)                   (COLUMN B)
  One (1)        No     Round      8 inch               1
  One (1)        No     Round      10 inch              1
  One (1)        No     Round      12 inch              1
  One (1)        No     Round      14 inch              1
  One (1)        No     Sheet      1/4 sheet            1
  One (1)        No     Sheet      1/2 sheet            4
  One (1)        No     Sheet      Full sheet          10

       Total of SECTION 1 (Part of Basis for Award)                                     $




                                                         Page 18 of 33
                                               BID FORM 1
                                              VTA06-513-P04
                                           CAKES AND PASTRIES
                                     PRICE PROPOSAL FORM - Page 2 of 5


            Quantities indicated in this Invitation for Bid are based on estimated quantities, derived from previous order history
at VTA, and anticipated future purchases. Actual purchase quantities may vary ( please refer to item No. 13, of this Invitation
for Bid, under the heading ‘QUANTITIES’.). Quantities purchased by VTA can and will fluctuate during the entire term of
any contract subsequently awarded.

   The PER PIECE pricing entered below is to include ALL fees, charges, and incurred expenses, including, but not
limited to; Freight, Shipping, Handling, and delivery. The pricing shown will be the ACTUAL PRICE PAID BY VTA
AFTER AN AWARD OF CONTRACT. NO CHANGES TO THE PRICE WILL BE ALLOWED, except that which is
noted in item 9, page 4 of this Invitation for Bid.

SECTION 2 – PRICES FOR TWO-LAYER CAKES WITH FILLING
    Based on the quantities shown for each item below, please enter a price in column A, and tally the
total into Column B.

         At minimum, VTA expects each cake to be delivered with a basic theme, or adornment (example: Flowers,
         streamers, Colorful border, etc…). Please factor this requirement in to the bid pricing you enter in section 1, on pags
         19, 20, 21, asnd 22 of this Invitation fro Bid.

CAKE - WITH FILLING, and also with Icing, Decorations, and Inscription
Number of                                                          Price per each         Extended Price (Quantity
                           Cake
Layers to Filling                       Size        Quantity                               times Price per Each)
                           Type
  Cake                                                             (COLUMN A)                   (COLUMN B)
  Two (2)       YES      Round      8 inch              1
  Two (2)       YES      Round      10 inch             1
  Two (2)       YES      Round      12 inch             1
  Two (2)       YES      Round      14 inch             1
  Two (2)       YES      Sheet      1/4 sheet           1
  Two (2)       YES      Sheet      1/2 sheet           7
  Two (2)       YES      Sheet      Full sheet          49

       Total of SECTION 2 (Part of Basis for Award)                                      $




                                                         Page 19 of 33
                                               BID FORM 1
                                              VTA06-513-P04
                                           CAKES AND PASTRIES
                                     PRICE PROPOSAL FORM - Page 3 of 5


            Quantities indicated in this Invitation for Bid are based on estimated quantities, derived from previous order history
at VTA, and anticipated future purchases. Actual purchase quantities may vary ( please refer to item No. 13, of this Invitation
for Bid, under the heading ‘QUANTITIES’.). Quantities purchased by VTA can and will fluctuate during the entire term of
any contract subsequently awarded.


   The PER PIECE pricing entered below is to include ALL fees, charges, and incurred expenses, including, but not
limited to; Freight, Shipping, Handling, and delivery. The pricing shown will be the ACTUAL PRICE PAID BY VTA
AFTER AN AWARD OF CONTRACT. NO CHANGES TO THE PRICE WILL BE ALLOWED, except that which is
noted in item 9, page 4 of this Invitation for Bid.


SECTION 3 – PRICES FOR TWO-LAYER CAKES WITH FILLING
        Based on the quantities shown for each item below, please enter a price in column A,
     and tally the total into Column B.

         At minimum, VTA expects each cake to be delivered with a basic theme, or adornment (example: Flowers,
         streamers, Colorful border, etc…). Please factor this requirement in to the bid pricing you enter in section 1, on pags
         19, 20, 21, and 22 of this Invitation for Bid.


Custom Logo (VTA Logo inscription into icing on cake)
                                                  Inscription Charge             Extended Price (Quantity times Price
        Type                Quantity                                                          per Each)
                                                     (COLUMN A)                                (COLUMN B)
8 inch                          1
10 inch                         1
12 inch                         1
14 inch                         1
1/4 sheet                       1
1/2 sheet                      30
Full sheet                      6

 Total of SECTION 3 (Part of Basis for Award)                                    $




                                                         Page 20 of 33
                                   BID FORM 1
                                  VTA06-513-P04
                              CAKES AND PASTRIES
                         PRICE PROPOSAL FORM - Page 4 of 5


         BASIS FOR AWARD = TOTAL OF SECTIONS ‘A’ through ‘D’
                            SECTION                                         SUB-TOTAL
                          SECTION 1                                $
                          SECTION 2                                $
                          SECTION 3                                $


BASIS FOR AWARD ( Total of Sections A through D Above ) =>




 BY SIGNING BELOW, THE BIDDER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS THE
 BID DOCUMENTS AND THAT HE/SHE OFFERS AND AGREES TO FURNISH THE GOODS AND/OR
 SERVICES SPECIFIED UNDER THE INTRUCTIONS AND CONDITIONS STATED THEREIN.


 *NOTE: ALL Prices are to include ALL fees, charges, and incurred expenses, including, but
 not limited to; Freight, Shipping, Handling, and delivery.


 SIGNATURE: ___________________________________________          DATE: _______/_______/_______

 PRINT NAME: _________________________________________________________________________________

 FIRM:        _________________________________________________________________________________


 ADDRESS:     ________________________________________________________________________________

 TELEPHONE: ________________________________________FAX: ____________________________________

 E-MAIL ADDRESS: _____________________________________________________________________________


 BUSINESS WEB ADDRESS: ______________________________________________________________________




                                         Page 21 of 33
                                          BID FORM 1
                                         VTA06-513-P04
                                      CAKES AND PASTRIES
                                PRICE PROPOSAL FORM - Page 5 of 5



             *** ADDITIONAL REQUIRED SUBMITTALS ***

        *Please NOTE: Items in this section will NOT be included in the Basis for Award.



Please submit the following items as separate attachments:

1.   A list of pastries available for order, and any current price lists.

2.   A list of any specialty products available for order.

3.   Any special flavors, designs, or unique items available for order.




                                                  VTA06-513-P04
                                               CAKES AND PASTRIES
                                                      Page 22 of 33
                                       STANDARD TERMS AND CONDITIONS

1.   ACCEPTANCE: VTA shall not be bound herein until Bidder executes and returns to VTA an appropriately signed
     contract or accepts deliveries against the purchase order. Bidder shall be bound by this order and its terms and
     conditions when it executes and returns said contract. This contract expressly limits acceptance to the terms and
     conditions stated herein and any additional or different terms proposed by the Bidder are not a part hereof unless
     expressly assented to in writing by VTA.

2.   CANCELLATION: VTA reserves the right to cancel or suspend all or any portion of this contract,
     2.1 for cause, if Successful Bidder fails to make any delivery or to perform any work scheduled, or if Successful
         Bidder breaches any of the terms hereof, or

     2.2   without cause, upon written confirmation to Successful Bidder by VTA. VTA will reimburse Successful Bidder
           for documented expenses (which shall not include lost profits) resulting directly from any such cancellation or
           suspension made without cause, which amount shall in no event exceed the applicable pro rata portion of the
           contract price. The foregoing sets forth VTA’s entire liability and Successful Bidder’s exclusive remedy for any
           cancellation or suspension of all or any part of this contract.

3.   WARRANTY:
     3.1 Successful Bidder expressly warrants that all services covered by this contract shall conform to the specifications
         or other descriptions upon which this contract is based and shall be fit and sufficient for the purpose intended.

     3.2   Successful Bidder agrees to re-perform any services not conforming to the foregoing warranty promptly, without
           expense to VTA, when notified of such nonconformity by VTA. In the event of failure by Successful Bidder to
           correct defects in or re-perform non-conforming services promptly, VTA, after reasonable notice to Successful
           Bidder, may make such corrections or re-perform such services and charge Successful Bidder for the cost
           incurred by VTA thereby.

     3.3   VTA may, at its option, require Successful Bidder to grant full refund or credit to VTA, in lieu of re-performance,
           with respect to any item VTA is entitled to reject hereunder. VTA shall have the right to cancel this order or any
           partial order if service conforming to specifications shall not be ready at the time and in the quantities herein set
           forth. The foregoing shall be in addition to any legal remedies available to VTA.

4.   FORCE MAJEURE: Strikes, fires, accidents or other causes beyond the control of VTA, which shall affect VTA’s
     ability to use the services contracted for, shall constitute valid grounds for the suspension of this contract, upon written
     notification to the Successful Bidder and without penalty to VTA, except that a cancellation for such causes may not be
     made without reimbursement to the Successful Bidder for documented expenditures actually made for labor and material
     upon the authority of this contract.

5.   CHANGES: VTA shall have the right at any time prior to the delivery date of the services or goods to make changes in
     drawings, designs specifications, packaging, time and place of delivery and method of transportation. If any such
     changes cause an increase or decrease in the cost, or the time required for performance, or otherwise affect any other
     provision of this Contract, a mutually agreed upon adjustment shall be made and this contract shall be modified in
     writing accordingly. Any claim by Successful Bidder for adjustment under this clause shall be deemed waived unless
     made in writing within ten (10) days after receipt by Successful Bidder of notice of such change. Price increases or
     extensions of time for delivery shall not be binding on VTA unless evidenced by a written change order executed by an
     authorized agent of VTA.

6.   VTA’s PROPERTY: The Successful Bidder agrees that any documentation and equipment or material, including
     drawings, patterns and specifications, supplied or paid for by VTA shall be and remain VTA’s property and shall be held
     by the Successful Bidder for VTA unless directed otherwise by VTA. The Successful Bidder will account for such
     items and keep them in good working condition and fully covered by insurance at all times without expense to VTA.

7.   ASSIGNMENTS AND SUBCONTRACTING: This contract and any payments to be made hereunder may not be
     assigned, subcontracted or transferred without the prior written approval of VTA.




                                                         Page 23 of 33
8.    WAIVER: VTA’s failure to insist on performance of any of the terms or conditions herein or to exercise any right or
      privilege or VTA’s waiver of any breach hereunder shall not thereafter waive any other terms, conditions, rights or
      privileges.


9.    ATTORNEY’S FEES: In the event it shall become necessary for VTA to retain the services of an attorney for the
      purpose of enforcing any of the provisions of this Contract, Successful Bidder shall pay court costs and reasonable
      attorney’s fees arising there from.

10.   BANKRUPTCY/INSOLVENCY: In the event of any proceeding by or against Successful Bidder in bankruptcy,
      reorganization or insolvency or any assignment for the benefit of creditors or of a receiver, VTA shall have the right,
      upon written notice to Successful Bidder and without liability, to cancel this contract with respect to any portion thereof
      not complete.

11.   ADDITIONAL DOCUMENTS: All specifications and documents expressly referred to in this contract are
      incorporated herein by reference. If such reference is to a portion of such specifications or documents, then only the
      portions referenced shall be incorporated herein.

12.   COMPLIANCE WITH LAWS: Successful Bidder warrants that all services performed have been performed in
      compliance with, and Successful Bidder agrees to be bound by, all applicable federal, state and local laws, orders, rules
      and regulations.

13.   THIRD PARTIES NOT TO BENEFIT: This Contract is binding upon and shall inure to the benefit of the parties
      hereto and their successors and permitted assigns, but shall not inure to the benefit of any third party or other person.

14.   AUDIT AND RECORDS:

      14.1 Successful bidder shall maintain, in accordance with generally accepted accounting principles and practices,
           complete books, accounts, records and data with respect to actual time devoted and costs incurred for Services
           under this Contract. Such documentation shall be supported by properly executed payrolls, invoices, contracts
           and vouchers evidencing in detail the nature and propriety of any charges and sufficient to allow a proper audit of
           the Services. All checks, payrolls, invoices, contracts and other accounting documents pertaining in whole or in
           part to the Services shall be clearly identified and readily accessible.

      14.2 For the duration of the Contract, and for a period of three years thereafter, VTA, its representatives and the state
           auditor shall have the right to examine and audit during successful bidder normal business hours these books,
           accounts, records, data and other relevant information to the extent required to verify the costs incurred hereunder
           where such costs are the basis for billings under this Contract.

15.   PROHIBITED INTERESTS:

      15.1 Solicitation: successful bidder warrants that it has not employed or retained any company or person, other than a
           bona fide employee working solely for successful bidder, to solicit or secure this Contract and that it has not paid
           or agreed to pay any company or person, other than a bona fide employee working solely for successful bidder,
           any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from
           the award or making of the Contract. For breach or violation of this warranty, VTA shall have the right to rescind
           this Contract without liability.

      15.2 Interest of Public Officials: No Board Member, officer or employee of the VTA during his or her tenure or for
           two years thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof.

            Interest of the successful bidder: The successful bidder covenants that neither it nor its officers, directors or
            agents, presently has any interest and shall not acquire any interest, direct or indirect, which would conflict in any
            manner or degree with the performance of Services required to be performed under this Contract. The successful
            bidder further covenants that in the performance of this Contract no person having any such interest shall
            knowingly be employed.




                                                         Page 24 of 33
16. NONDISCRIMINATION AND AFFIRMATIVE ACTION: During performance of this Contract successful bidder,
    its employees and sub-bidders shall not unlawfully discriminate against any employee or applicant for employment
    because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age or
    sex, and shall take affirmative action to assure that applicants are lawfully employed, and that employees are lawfully
    treated during their employment, without regard to their race, religion, color, national origin, ancestry, physical
    disability, medical condition, marital status, age or sex.

17. CONFIDENTIALITY AND PUBLICITY: Without the written consent of VTA, successful bidder shall not disclose to
    third parties other than its employees or authorized sub-Successful Bidders or disclose or use for any purpose other than
    performance of the Services any information provided to successful bidder by VTA in connection with performance of
    this Contract, or any information developed or obtained by successful bidder in the performance of this Contract, unless:
    (1) the information is known to successful bidder prior to obtaining same from VTA or performing Services under this
    Contract; (2) the information is at the time of disclosure by successful bidder then in the public domain; or (3) the
    information is obtained by or from a third party who did not receive it, directly or indirectly, from VTA and who has no
    obligation of confidentiality with respect thereto.

18.   SEVERABILITY: If any of the provisions or portions or applications thereof of this Contract are held to be
      unenforceable or invalid by any court of competent jurisdiction, VTA and successful bidder shall negotiate an equitable
      adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity
      and enforceability of the remaining provisions or portions or applications thereof shall not be affected thereby.

19.   NOTICES: Notices provided for under this Contract shall be provided in writing and addressed to the Authorized
      Representative.

20.   INDEPENDENT SUCCESSFUL BIDDER: Successful Bidder is an independent Successful Bidder and not the agent
      or employee of VTA in performing its Services under this Contract.

21.   ENTIRE AGREEMENT: This Contract constitutes the entire agreement between VTA and successful bidder relating
      to the subject matter hereof and supersedes any previous agreements or understandings, oral or written.

22.   AMENDMENT: Except as expressly provided herein, the provisions of this Contract shall not be altered, modified or
      amended except through the execution of a written amendment executed by VTA and Successful Bidder.




                                                         Page 25 of 33
                                                   SPECIAL CONDITIONS

                                                     IFB VTA06-513-P04
                                                CAKES AND PASTRIES

1.     COMPENSATION: As full consideration for the satisfactory performance of the Contract by the Contractor, VTA
       shall pay to the Contractor amounts designated in Bid Form 1 – Schedule of Prices and Estimated Quantities.

2.     QUANTITY:

       2.1 The quantity listed for each item is the estimated annual requirement projected from current usage.

       2.2 VTA does not guarantee, either expressed or implied, to purchase the estimated annual requirement, but the right
           is reserved to purchase any greater or lesser quantities.

       2.3 The Contractor agrees that bid price(s) apply to any quantity purchased under this contract and are guaranteed for
           the term of the contract unless specified otherwise in the bid packet.

5. TAXES:: Prices quoted in bids MUST include Sales Tax

9. INVOICING AND PAYMENTS:

     9.1 The Contractor shall submit the original and one (1) copy of their invoice for payment to the address listed below for
         the services provided, which have been accepted by VTA.

                           VTA ACCOUNTS PAYABLE
                           3331 NORTH FIRST STREET, BUILDING A
                           SAN JOSE, CA 95134-1927



                           An ADDITIONAL Invoice Copy is to be sent to the following address:

                           VTA COPY CENTER
                           ATTN: ( Will be provided afterAward of Contract )
                           C/o S.C.V.T.A.
                           3331 N. FIRST ST., BLDG. B-2
                           SAN JOSE, CA 95134-1927


     9.2 Payments will be made to the Contractor within 30 days following receipt of a properly prepared invoice, or within
         the invoice terms as received from the successful bidder.

     9.3          Payment will be considered to have been made on the date VTA mails payment.

     9.4         Discounts offered by Contractor for early payment will be taken by VTA if payment is made within the
        discount period specified.

     9.5          VTA shall not be responsible for late payment charges unless they are an express part of this contract.

     9.6        Upon completion of the contract, the final payment shall be made on determination by VTA that all
        requirements hereunder have been completed, and such determination shall not be unreasonably delayed.

10. INSURANCE & INDEMNIFICATION:

       Insurance and Indemnification requirements are set forth in Exhibit H, which is attached and incorporated herein by this
       reference.




                                                          Page 26 of 33
                                                                                                                    EXHIBIT H-1

                                    INSURANCE AND INDEMNITY REQUIREMENTS
                                                            for
                                       MATERIAL MANAGEMENT CONTRACTS
                                       (No Special Hazards - Contracts over $50,000)

         PROPOSERS’ ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY
         RECOMMENDED THAT PROPOSERS CONFER WITH THEIR INSURANCE CARRIERS OR BROKERS IN
         ADVANCE OF PROPOSAL SUBMISSION TO DETERMINE THE AVAILABILITY OF INSURANCE
         CERTIFICATES AND ENDORSEMENTS PRESCRIBED AND PROVIDED HEREIN.


I.   INDEMNITY

     The following indemnification agreement shall be included in the contract with VTA.

     The Contractor shall indemnify, defend, and hold harmless Santa Clara Valley Transportation Authority (hereinafter
     “VTA”), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection
     with, performance of this Agreement by Contractor and/or its agents or employees or subcontractors, excepting only loss,
     injury or damage caused by the gross negligence or willful misconduct of personnel employed by VTA.

II. INSURANCE

     Without limiting the Supplier’s indemnification of VTA, the Supplier shall procure and maintain for the duration of the
     contract insurance against claims for injuries to persons or damages to property which may arise from or in connection
     with the performance of the work hereunder by the Supplier, its agents, representatives, employees or sub-suppliers. The
     cost of such insurance shall be included in the Supplier’s bid.

     A. Minimum Scope of Coverage

         Coverage shall be at least as broad as:

         1.   Insurance Services Office Commercial General Liability coverage (“occurrence” form CG 0001), including
              Products/Completed Operations. Liability insurance written on a “claims made” basis is not acceptable.

         2.   Insurance Services Office Business Auto Coverage form number CA 0001 covering Automobile Liability, code 1
              “any auto”.

     B. Minimum Limits of Insurance

         Supplier shall maintain limits no less than:

         1.   General Liability (including umbrella/excess liability): $3,000,000 combined single limit per occurrence.

         2.   Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.


     C. Self-Insured Retention

         Any self-insured retention in excess of $10,000 must be declared to and approved by VTA. To apply for approval for
         a level of retention in excess of $10,000 the proposer/bidder must provide a current financial statement documenting
         the ability to pay claims falling within the self-insured retention. At the option of VTA, either: the insurer shall reduce
         or eliminate such self-insured retention as respects VTA, its officers, officials, employees and volunteers; or the
         propose/bidder shall procure a bond guaranteeing payment of losses and related investigations, claim administration
         and defense expenses.




                                                           Page 27 of 33
D. Acceptability of Insurers

    Insurance and bonds are to be placed with insurers with a Best’s rating of no less than B+:VIII, unless specific prior
    written approval has been granted by VTA.

E. Certificates of Insurance

    Supplier shall furnish VTA with Certificates of Insurance evidencing the coverages specified in this Exhibit. The
    certificates for each insurance policy are to be signed by an authorized representative of that insurer. The certificates
    will be issued on a standard ACORD Form or something substantially similar thereto.

    The certificates will (1) identify the underwriters, the types of insurance, the insurance limits and the policy term, and
    (2) in the “Certificate Holder” box include:

             Santa Clara Valley Transportation Authority
             [Requesting Department Name]
             3331 North First Street
             San Jose, CA 95134-1906

    All certificates are to be received and approved by VTA before work commences. VTA reserves the rights to require
    complete, certified copies of all required insurance policies, at any time.

    Each insurance policy required by this Exhibit shall provide that if the policy is canceled or coverage reduced, such
    cancellation or reduction shall not be effective for 30 days, except for non-payment of premium which shall be 10
    days, after receipt by VTA of written notice of such cancellation or reduction.




                                                     Page 28 of 33
ACORD       CERTIFICATE OF INSURANCE            M-1 (0999)                                                  ISSUE DATE: mm/dd/yr

PRODUCER                                              THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
                                                      RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
INSURANCE AGENCY, INC.                                ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Address
City, State Zip Code


                                                                                    COMPANIES AFFORDING COVERAGE
                                                      COMPANY A         ABC INSURANCE COMPANY
INSURED
SUPPLY COMPANY
                                                      COMPANY B         DEF INSURANCE COMPANY
Address
City, State Zip Code
                                                      COMPANY


                                                      COMPANY




COVERAGES
                                                      COMPANY

                                                                                             SAMPLE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.


   CO                    TYPE OF                        POLICY EFF.            POLICY EXP.                        ALL LIMITS
                       INSURANCE                       DATE MM/DD/YY              DATE
  LTR                                                                           MM/DD/YY
                                       POLICY NO.

    A         GENERAL LIABILITY                                                              GENERAL AGGREGATE                     $1,000,000
                                          ###                mm/dd/yr            mm/dd/yr    PRODUCTS-COMP/OPS                     $1,000,000
              [ x] COMMERCIAL GEN.                                                           AGGREGATE                             $1,000,000
              LIABILITY                                                                      PERSONAL & ADVERTISING                $1,000,000
                                                                                             INJURY
              [ ] CLAIMS MADE [ X]                                                           EACH OCCURRENCE
              OCCUR.
    B         AUTOMOBILE                                                                     COMBINED SINGLE LIMIT                 $1,000,000
              LIABILITY                                      mm/dd/yr            mm/dd/yr
                                          ###
              [ X] ANY AUTO
              [ X] ALL OWNED
              AUTOS
              [ ] SCHEDULED
              AUTOS
              [ X] HIRED AUTOS
              [ X] NON-OWNED
              AUTOS

              EXCESS LIABILITY            ###                mm/dd/yr            mm/dd/yr    EACH OCCURRENCE                       AGGREGAT
              [ ] UMBRELLA                                                                   $2,000,000                            E
              [ ] OTHER THAN                                                                                                       $2,000,000
              UMBRELLA FORM




                        WORKERS'                                                             STATUTORY [ ]
              COMPENSATION                                                                   (Each accident)
              AND                                                                            (Disease-policy limit)
                      EMPLOYER'S                                                             (Disease-each employee)
              LIABILITY
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS:


CERTIFICATE HOLDER                                    CANCELLATION
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY           SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
3331 NORTH FIRST STREET                               EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
SAN JOSE, CA 95134-1906                               DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT
                                                      10 DAYS NOTICE FOR NON-PAYMENT, BUT FAILURE TO MAIL SUCH NOTICE SHALL
                                                      IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS
                                                      OR REPRESENTATIVES.

ACORD 25-S (3/90)




                                                               Page 29 of 33
                                                                                                         Exhibit I
PURCHASING OFFICE
3331 NORTH FIRST STREET, BUILDING A
SAN JOSE, CA 95134-1927
FAX NO. (408) 954-1360

                                    “NO BID” RESPONSE FORM”
                                        IFB NO. 04-601-P04
                                      CAKES AND PASTRIES
If no Bid is to be submitted, detach this sheet from the Solicitation, complete the information below, and fax the
form to the attention of the Contract administrator listed on page 1 of this solicitation at the fax number above.

Reason for not submitting a bid:
θ       Do not provide this service.
θ       Unable to obtain required insurance.
θ       Unable to obtain required bonding.
θ       Not equipped to handle this project.
θ       Do not carry this item.
θ       Not within the scope of our capabilities.
θ       Insufficient bidding time.
θ       Unable to identify items.
θ       Can supply item, however, cannot be competitive.
θ       Cannot comply with delivery/performance period.
θ       Project size is too large.
θ       Project size is too small.
θ       Not interested in this type of project.
        Explain________________________________________________________________________

θ        _______________________________________________________________________________

θ        _______________________________________________________________________________

θ        Cannot comply with Specification:
         Explain________________________________________________________________________

θ        _______________________________________________________________________________

θ        _______________________________________________________________________________

θ        Other:_________________________________________________________________________

         _______________________________________________________________________________

         _______________________________________________________________________________

Name of Firm: ________________________________________________________

Address of Firm:_________________________________________________________

Printed Name/Title of Signatury:_______________________________________________________

Date:__________________________________________




                                                   Page 30 of 33
                                                                                                                  Exhibit O


                                        BIDDER’S QUESTIONNAIRE
                                          IFB VTA 05-514-P04
                                             CAKES AND PASTRIES


       This questionnaire is an integral part of a bidder’s bid, and shall be completed, and submitted with your bid.
       Failure to provide the required information may cause rejection of your bid. All references and information shall
       be current and traceable. If the bidder is a joint venture, each venturer shall prepare a separate form.



NAME OF BIDDER:_____________________________________________________________

PRINCIPAL
OFFICE______________________________________________________________________


STREET ADDRESS OR P.O. NUMBER____________________________________________________________________

_____________________________________________________________________________
            CITY                                                           STATE             ZIP CODE + 4


TELEPHONE __________________________________                  FAX ______________________________________



E-MAIL ADDRESS:______________________________________________________________


1.     Are you an individual ___, a partnership ___, a corporation ___, or a joint venture ___? (Check appropriate
       business structure).

       If partnership, list names and addresses of partners; if corporation, list names of officers and directors and State
       of incorporation; if joint venture, list names and addresses of venturers and, if any venturer is a corporation,
       partnership or joint venture, list the same information for each such corporation, partnership and joint venturer.

       NAME                                              ADDRESS




2.     How many years has your organization been in business as a contractor under your present business name?
       _____________years.



                                                           Page 31 of 33
3.   How many people are currently employed by your firm? _________ In Santa Clara County?___________


4.                                            Page 37 of 39
     Of the people employed, what are the job classifications involved in the services required by this solicitation, and
     how many people are assigned to each classification?


                JOB CLASSIFICATION                                          NO. OF EMPLOYEES




5.   What is the location of your facility located in Santa Clara County? What is the square footage of this facility?
     (If the facility is not in Santa Clara County, indicate the location and square footage of the nearest facility to
     VTA’s Administrative Offices on First Street).




6.   What are the types and number of vehicles you will use in the performance of services required by this
     solicitation?
                          TYPE                                               NUMBER




7.   List the names of companies and public agencies that you have furnished service to within the last twelve
     months.
     NAME                           BUSINESS              TYPE OF           PERSON TO
     OF CLIENT                      ADDRESS               BUSINESS          CONTACT            TELEPHONE




                                                          Page 32 of 33
                                                      Page 38 of 39
8.      List the names of companies and public agencies that you have current orders for the same or similar service.
        NAME                           BUSINESS             TYPE OF          PERSON TO
        OF CLIENT                      ADDRESS              BUSINESS         CONTACT           TELEPHONE




9.      Have your or your organization, or any officer or partner thereof, failed to complete a contract?
        If so, give details:
        _____________________________________________________________________________________
        _____________________________________________________________________________________
        _____________________________________________________________________________________
10.     Is any litigation pending against your organization? If so, give details:
        _____________________________________________________________________________________
        _____________________________________________________________________________________
        _____________________________________________________________________________________


11.     Are you a registered SBE/DBE? If yes, with which agency do you hold your certification:
        _____________________________________________________________________________________
        _____________________________________________________________________________________
        The undersigned certifies that (s)he is legally authorized by the bidder to make the statements and
        representations contained in this document, and represents and warrants that the foregoing information is true
        and accurate to the best of his knowledge, and intends that the Santa Clara Valley Transportation Authority,
        Santa Clara County, California, rely thereon in evaluating the bidder.


Name of Company: __________________________________________________________________


Signature:        _____________________________________________________________________


Printed Name/Title: _________________________________________________________________


Date:   ________/________/________




                                                            Page 33 of 33

								
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