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<br />INVITATION TO BID <br /> <br />3.1: PRICING: Prices should be stated in units of quantity specified in the bidding specifications. In case of a <br />discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. <br /> <br />3.1: SAFETY STANDARDS: The bidder warrants that _ product (s) supplied to the City conforms in all respects <br />to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be <br />accompanied by materials data safety sheets (MS.D.S.) when applicable. <br /> <br />3.3: MATERIAL: Acceptance of the materiaI(s) delivered under this proposal shall remain the property of the <br />seller until accepted to the satis&ction of the City. In the event materials supplied to city are found to be defective or <br />do not ~ to spec;ifications, the City reserves the right to return the product (5) to the seller at the sellers <br />expense. including delivery costs. <br /> <br />3.4: BRAND NAMES: If a brand name. make, of any -or equal- manufacturer trade name. trade name, or vendor <br />catalog is mentioned whether or not followed by the words -approved equal- it is for the purpose of establishins a grade <br />or quality of material only. Vendor may offer eqGals with appropriate identification. SlJDples and/or specifications on such <br />item(s). The city shall be the sole judge concerning the merits of items bid as equals, and reserves the right to reject Ill)' <br />"or equal" product if it does not strictly adhere to project specifications. <br /> <br />3.4.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of <br />objective of the bid will be considered as a quotation in complete compliance with the specifications u listed, at the <br />discretion of the City, which would best serve the CitYs interest <br /> <br />3.5: PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly <br />invoiced as indicated in the contract and/or purchase order. Invoices must beat the purchase order number. Contractor <br />shall submit invoices 00 a monthly basis withio ten (10) days following the end of each calendar month. The Contractor <br />shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or <br />costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City <br />disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the <br />contested amounts until they are resolved by asreement with Contractor. <br /> <br />3.6: ADDmONAL SERVICES: If the need for additional work or changes is identified by ContraCtor during the <br />course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a <br />supplemental work order (a "Supplemental Work Order") and submit such Supplemental Work Order for approval by <br />the City. No such additional work shall be done or paid for without the specific prior written approval of the City. <br /> <br />00210 - 3 <br />