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INVITATION TO BID 3.1: PRICING: Prices should be stated in units of quantity specified in the bidding specifications. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. 3.2: SAFETY STANDARDS: The bidder warrants that the product (s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be accompanied by materials data safety sheets (M.S.D.S.) when applicable. 3.3: MATERIAL: Acceptance of the material(s) delivered under this proposal shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to city are found to be defective or do not conform to specifications, the City reserves the right to return the product (s) to the seller at the sellers expense, including delivery costs. 3.4: BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples and /or specifications on such item(s). The city shall be the sole judge concerning the merits of items bid as equals, and reserves the right to reject any "or equal" product if it does not strictly adhere to project specifications. 3.4.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of objective of the bid will be considered as a quotation in complete compliance with the specifications as listed, at the discretion of the City, which would best serve the City's interest. 3.5: PAYMENTS: Payment will be made after commodities /services have been received, accepted, and properly invoiced as indicated in the contract and /or purchase order. Invoices must bear the purchase order number. Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 3.6: ADDITIONAL SERVICES: If the need for additional work or changes is identified by Contractor during the course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental Work Order ") and submit such Supplemental Work Order for approval by the City. No such additional work shall be done or paid for without the specific prior written approval of the City. 00210-3