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Reso 2007-1155
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Reso 2007-1155
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Last modified
7/1/2010 9:42:16 AM
Creation date
9/28/2007 9:42:37 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
Reso 2007-115
Date (mm/dd/yyyy)
09/20/2007
Description
Playground Equip Purch Agrmt w-Superior Park
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<br />SUPPLEMENTAL CONDITIONS <br /> <br />BID # SC-0511-06 <br /> <br />.1. SUBMISSION OF BIDS: <br />All bids must be submitted no later than the designated bid opening date and <br />time as specified in the bid documents. <br /> <br />Submit bids to: <br /> <br />City of Jacksonville <br />Department of Procurement <br />117 West Duval Street, Suite 335 <br />Jacksonville, Florida 32202. <br /> <br />Bidders are fully responsible for delivery of bids. Reliance upon maD Of public carrier <br />is at the bidder's risk. <br /> <br />LATE BIDS ARE NOT CONSIDERED. <br /> <br />Bid only on the bidding form(s) supplied herewith, using ink or typewriter. Any <br />changes or alterations must be initialed by the person signing the bid. <br /> <br />Bidders' signature on the Bid Form (Form GB.l02) signifies that the bidder has <br />familiarized himself with all the Terms and Conditions of this bid, and agrees to them <br />aI, and that his bid is made and submitted fOf the items as specified and detailed <br />herein unless exceptions are clearly noted and that the prices quoted herein are firm <br />for the duration of this bid. Failure to submij a signed Bid Form with bid submission <br />will be grounds for bid rejection. Violalions of any of the Terms and Conditions of this <br />bid and delivery time stated, can result in the Bidder's suspension from all bid lists of <br />the City of Jacksonville and its agencies and penalties provided for by the Purchasing <br />code of the City of Jacksonville. <br /> <br />Please use the green label enclosed when submitting your bid, be sure to insert <br />the bid number and the open date on the label. Failure to do so may result in <br />your bid being returned unopened. <br /> <br />'2. BID/SURETY REQUIREMENTS: <br />All Bids that may require a bid security or surety in the form of a certified check, <br />cashiers check or bid bond in the amount as prescribed in the bid documents must <br />accompany lhe bid submission prior to the scheduled bid opening. Certified and <br />cashiers checks will be deposited by the City and reimbursement checks will be <br />issued once an award is made. Failure 10 submit the above information timety will be <br />grounds for rejection of bid. <br /> <br />.3. BID OPEN!NG AND TABULATION: <br />Due to the large number of bids to be opened. and the numerous items conlained in .5 <br />some bids, such bids will not be tabulated at the bid opening. Bids may be reviewed <br />by arrangement with the respective buyer. Bidders desiring a copy of the tabulation <br />sheet and the award recommendation must include a self addressed. stamped <br />envelope with their bid. If a copy of the tabulation sheet is desired prior to award, then <br />two (2) self addressed. stamped envelopes must be included. <br /> <br />BID RESULTS AND AWARD RECOMMENDATIONS WILL NOT BE GIVEN BY <br />TELEPHONE <br /> <br />4. PROMPT PAYMENT TO SUBCONTRACTORS AND SUPPLIERS: <br />A. Generally. When Contractor receives payment from CITY for labor, services. or <br />materials furnished by subcontractors and suppliers hired by Conlractor, <br />Contractor shall remit payment due (less proper relainage) to those <br />subconlractors and suppliers within 15 calendar days alter Conlraclor's receipt <br />of payment from CITY Nothing herein shall prohibit Contraclor from disputing, <br />pursuant 10 the terms hereof, all or any portion of a payment alleged to be due <br />to its subcontractors and suppliers. In Ihe event of such a dispute, Contractor <br />may wilhhold the disputed portion of any such payment only after Contractor <br />has provided notice to CITY and to the subcontractor or supplier whose <br />payment is in dispute, which notice shall: Ii) be in writing; (ii) stafe the amollnl in <br />dispufe; (iii) specifically describe the actions required to cure the dispule; and <br />(iv) be delivered to CITY and said subconlractor or supplier within 10 calendar <br /> <br />days after Contractor's receipt of payment from CITY. Contractor shall pay all <br />undisputed amounts due within the time limits imposed by this section. <br /> <br />B. Jacksonville Small Business Enterprise {JSEB} and Minority Business <br />Enterprise (MBE) - Notwithstanding Chapter 126. Part 6 of the Jacksonville <br />Ordinance Code {the 'Codej, Contractor shall pay all conlracts awarded with <br />certified JSEB and MBE as defined therein lheir pro-rata share of their eamed <br />portion of the progress payments made by CITY under the applicable contract <br />within seven (7) business days after Contractor's receipt of payment from CITY <br />(less proper retainage). The pro-rata share shall be based on all work completed, <br />malerials, and equipment furnished or services performed by the certified JESB <br />or MBE atlhe time of payment. As a condition preredentlo progress and final <br />payments to Contraclor, Contractor shall provided 10 CITY. with its requisition for <br />payment. documentation that sufficienUy demonstrates that Contractor has made <br />proper payments 10 its certified JSEB or MBE from all prior payments that <br />Contractor has received from CflY. Contractor shall not unreasonably withhold <br />payments to certified JSEB or MBE if such payments have been made to the <br />Contractor. . If Contractor withholds payment to its certified JSEB or MBE. <br />which payment has been made by CITY to Contraclor. Contractor shall retum <br />said payment to CITY. Contractor shall provide notice to CflY and to the <br />certified JSEB or MBE whose paymenl is in dispute. which notice shall: (i) be in <br />writing; (iij state the amount in dispute; (iii) specifically describe the actions <br />required to cure the dispute; and (iv) be delivered to CITY and said subcontractor <br />or supplier within five (5) calendar days after Contractor's receipt of payment <br />from CITY. Contractor shall pay all undispuled amounts due within the time <br />limits imposed by this section. The failure to pay undisputed amounts to the <br />JSEB or MBE within 7 business days shall be a breach of conlract. compensable <br />by 1 % of the outstanding invoice being withheld by the City as liquidated <br />damages. Continued failure to adhere 10 this clause may be cause for <br />tennination. <br /> <br />C. Third-Party liability - The Prompt Payment requirements hereunder shall, in no <br />way. create any contractual relationship or obligation between CITY and any <br />subcontractor, supplier, JSEB, MBE, or any third.party or create any CITY liability <br />for Contractor's failure to make timely payments hereunder. However, <br />Contractor's failure to comply with the Prompt Paymenl requirements shall <br />constitute a material breach of its contractual obligations to CITY. As a resull of <br />said breach. CITY, without waiving any oilier available remedy it may have <br />against Contractor, may: (i) issue joint checks; and (ii) charge Contractor a 0.2% <br />daily interest penalty or penalties specified in Chapter 126 of the Code for JSEB <br />or MBE and Chapter 216. Florida Slatutes. for non-JSEB or MBE. whichever <br />greater. <br /> <br />PUBLIC ENTITY CRIME INFORMATION: <br />"A person or affiliale who has been placed on lhe Slafe Of Florida convicted vendor <br />list following a conviction for a public entity crime may nol submit a bid on a contract <br />10 provide any goods or services to a public entity, may not submit a bid on a conlract <br />with a public entity for the construction or repair of a public building or public work, <br />may not submit bids on leases of real property 10 a public entity, may not be awarded <br />or perform wor!< as a conlraclor, supplier, subconlraclor, or consullant under a <br />contract with any public entity, and may not transact business with any public entity <br />for a period of 36 months from the date of being placed on the convicled vendor list." <br /> <br />FORi\1 GB-I04, (revised IO/OS) <br />
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