Reso 2007-1155 - Laserfiche WebLink

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GENERAL CONDITIONS BID # SC-OSII-06 1. RESERVATIONS: The City of Jacksonville, Florida reserve the right to rejecl any or all bids or any part thereof and/or 10 waive information if such action is deemed to be in the best interest of the City of Jacksonville. The City reserves the right to cancel any contract, il in its opinion, there be a failure at any time 10 perform adequately the slipulations of this invitation 10 bid. and the general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to wiDfully impose upon the City materials or products or workmanship which is, in the opinion of the City, of an unacceptable quality. Any action taken in pursuance of lhis latter stipulation will not effect or impair any rights or claim of the City to damages for the breach of any covenants of the contract by lhe contractor. The City also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned this bid. Should the contJactor faH to comply with the conditions of this contract or fail 10 complete the required work or fumish the required materiats wilhin the time stipulated in the contract, the City reserves the right to purchase in Ihe open market, or to complete the required work. at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bonds if required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work induded in this contJact. the City reserves the right 10 withdraw such items or required work from the operation of this contJact without incurring further liabilities on the part of the City thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE SHOULD CONTACT THE OFFICE OF PROCUREMENT AND SUPPLY IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS BID. All ~ems fumished must be completely new. and free from defects unless specified otherwise. No others will be accepled under the lerms and intent of this bid. . 2. QUOTATIONS: No bidder will be allowed 10 offer more than one price on each Item even though he may feel thai he has two or more Iypes or styles tha\ will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF THE DEPARTMENT OF PROCUREMENT. 3. TAXES: The City of Jacksonville, Florida is exempt form the following taxes: (a) State of Flonda Sales Tax by Certificate No 26-00.107377-54C; (b) Manufaclurer's Federal Excise Tax Registration No. 59-6000.344. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. "OR EQUAL" INTERPRET A TION: Even though a particular manufaclurer's name of brand is specified, bids will be considered on other brands or on the products of other manufacturers. On all such bids the bidder will clearly indicate the product (brand and model number) on which he is bidding, and win supply a sample or sufficient data in detail to enable an intelligent comparison to be made with the particular brand or manufacture specified. All samples will be submitted in acconJance wilh procedures outlined in the paragraph on SAMPLES. Calalog cuts and technical descriptive data will be attached 10 the original copy of the bid where applicabte. Failure to submit the above information may be sufficienl ground for rejection of bid. 6. DEVIATIONS TO SPECIFICATIONS: In addition to the requirements of par?graph five. all deviations from the specifications musl be noted in detail by the bidder. in wnting, at the time of the subminal of Ihe formal bid. The absence of a written list of specification deViations al the lime of submittal of the bid will hold the bidder slrictty accountable 10 the City to the speCifications as wntten. Any deviation from the specifications as written not previously submitted, as reqUired by the above, will be grounds for rejection of Ihe material and/or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever lhe specifications indicate a product or a particular manufacturer, model. or brand in the absence of any slatemenl to lhe contrary by the bidder. the bid will be Interpret~d as for. the exacl brand, model, or a manufacturer specified, logether with all accessones. qualities, tolerances, compositions. etc. enumerated in the detailed specifications. b. If no particular brand. model or make is specified. and if no data is required to be submitted with this bid: the successful contractor. afler award and before manufacturer or shipment: may be reqUIred to submit working drawings or detailed descriptive data sufficienl 10 enable the City to judge il each requirement 01 the specifications is being complied with. . 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by the City until the delivery of contracted items is completed and accepled. Bidders whose samples are retained may remove Ihem after delivery is accepted. Samples on which bidders are unsuccessful must be removed as soon as possible after an award has been made on Ihe item or items loe which the samples have been submitted. The City will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. The City reserves the right to consume any or all samples lor teslrng purposes. Bidders will make all arrangements for delivery 01 samples 10 place designated as well as the remc'.'3! of S;Jmpl2$. CGst of delivery 21rd i~muvdl 01 sdrnpies wiii be borne by the bidder. All sample packages Will be marf.ed "Sample for the Department of Procurement" and each sample will bear the name of the bidder. ilem number. bid number and will be clearly tagged or marked in a substantial manner. Failure of the bidder 10 clearly Identify samples as Indicated may be considered sufficient reilson lor rejection of bid 9. PERFORMANCE BOND: The successful bidder on !his bid must furnish a performance bond as indicaled on !he bid cover, made oul to the City of Jacksonville. Florida, prepared on an approved form, as security for the laithful pertormance of his contract within ten days 01 his notification that his bid has been accepted. The surety thereon must be such surety company as are authorized and licensed to transacl business in the Slate of Florida. Attorneys In facts who sign bid bonds must file with each bond a certified copy of their power of attorney 10 sign s,lId bonds. The successful bidder or bidders. upon failure or refusal 10 fumish within len days after his notification the required performance bonds, will pay to the City of Jacksonville. Flonda, as hqUidated damages for such failure or refusal an amount in cash equal to the security deposited with his bid. " 10.. PROVISION FOR OTHER AGENCIES: Each bidder agrees when submitting hiS bid thai he will make available to aU City agencies and departments. bi.City agencies, in-City fire departments and municipalities. the bid process he submits in accordance with the bid terms and conditions, should any said department or agency wish 10 buy under this bid proposal. 11. GUARANTEE: The contJactor will unconditionally guarantee the materials and workmanship on all equipmenl furnished by him for a period of one year from date of acceptance of the items delivered and installed. unless otherwise specified herein. If, within the guarantee penod, any defects or signs of deterioration are noted, which, in the opinion of the City are due to faulty design and installation workmanship, or materials, upon ratification, the contractor, at his expense, will repair or adjust the equipmenl or parts to correct the condition, or he wi" replace the part or entire unit to the complele satisfaction of the City. Repairs, reptacements or adjustments will be made only at such times as wiD be designated by the City as least delrimentalto the operation of City business. 12. DISCOUNTS: ALL DISCOUNTS OTHER THAN PROMPT PAYMENT TO BE INCLUDED IN BID PRICE. PROMPT PAYMENT DISCOUNTS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED IN DETERMINING LOW BID. 13. COLLUSION: THE BIDDER, BY AFFIXING HIS SIGNATURE TO THIS PROPOSAL AGREES TO THE FOLLOWING: "BIDDER CERTIFIES THAT THIS BID IS MADE WITHOUT ANY PREVIOUS UNDERSTANDING, AGREEMENT OR CONNECTION WITH ANY PERSON, FIRM, OR CORPORATION MAKING A BID FOR THE SAME ITEMS' AND IS IN ALL RESPECTS FAIR, WITHOUT OUTSIDE CONTROL, COLLUSION, FRAUD OR OTHERWISE ILLEGAL ACTION." 14. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions. requirements, and specifications before submitting bids; failure to do so will be at the bidder's own risk and he cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part 01 bidders. In case of error in extension 01 prices in !he bid, the unil price will govern. 15. DEPARTMENT OF PROCUREMENT AS AGENT: When the Department of Procuremenl IS acllng as agenls for 'other public activities' being defined as activ~ies receiving finanCial support. In part from the City, but nol under the direct governing jurisdiction of the Consolidated Government, the name of such public activity will be substituted for the word 'City" in the foregoing paragraphs No's 1 - 14. . 16. ETHICS PROVISION FOR VENDORS/SUPPLIERS: The bidder, by affixing rts signature to the proposal form, and/or the acceplance of a purchase order. represents that it has reviewed the provisions of the Jacksonville Ethics Code conlained in chapter 602, Jacksonville Ordinance Code and the provisions of the Purchasing code contained in chapter 126, Jacksonville Ordinance Code. 17. NONDISCRIMINATION PROVISIONS: In compliance wilh Section 4 of Ordinance 69-63()'653, the bidder will, "pon affixing his signature 10 the proposal form, and/or the acceptance of a purchase order, sight draft, field order, certifies that his firm meets and agrees to the following provisions, which will become a part of this con~act. a. The contractor represents that he has adopted and will maintain a policy of nondiscrimination as defined by ordinance of the City of Jacksonville throughout the term of this contJacl. b. The contractor agrees that on written request, he will permil the reasonable access to his employment, employment advertisemenl. applicalion forms, and other pertinent data and records by the Executive Director of the Community Relations Commission of the City of JacksonVille for the purpose of Investigation to ascertain compliance with the nondiscrimination provisions of this contract, provided however. that Ihe contractor will not be required to produce for inspection any records covering periods of time more than one year prior to the dale of this contracl C. The contJaclor agrees that if any of the obligalions 01 Ihis contract are 10 be performed by a subcontractor. then the provisions of a and b of this section will be incorporated into and become a part of the subconlract. (FORM GB-103, revised 12/03)