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City of Colton Request for Bid # RFB-DR-09-002
<br />Public Works Department Closing Date: 4/27/09 nn 02:00 P.M.
<br />GENERAL CONDITIONS
<br />1. DELIVERY: If delivery of the commodity or service cannot be made exactly as specified and at the time and price shown, notify the City
<br />Public Works Department immediately. Do not make delivery changes without approval (909) 370-5065.
<br />2. MISCELLANEOUS CHARGES: No charges for transportation, containers, packaging, etc, will be allowed unless so specified in this order.
<br />3. FREIGHT CHARGES: On shipments sold F.O.B. point of origin, prepay charges and add to invoice, original copy of paid express or freight
<br />bill must be attached to invoice.
<br />4. HOLD HARMLESS: The vendor shall indemnify and hold the City of Colton, its officers, agents and employees, harmless from all claims,
<br />actions, proceedings, causes, damages and liabilities, including attorney fees, caused by defect(s) in the item(s) purchased hereunder, or
<br />resulting from the use of any copyrighted or un -copyrighted composition, secret process, patented or unpatented invention, article or appliance
<br />furnished or used under this order.
<br />5. EXCISE TAX: If federal excise tax is applicable to the transaction, it must be so stated and excluded from the price of the article. The City of
<br />Colton, as a governmental agency, is exempt from the payment of said tax and will issue an exemption certificate upon request.
<br />6. SALES AND USE TAXES: Sales tax must be shown on the invoice as a separate item. On out-of-state purchases, the vendor must show his
<br />Use Tax Permit Number issued by the California State Board of Equalization, which authorized him to charge and collect California sales tax.
<br />7. PURCHASE AGREEMENT DOCUMENTS: A copy of the Notice Inviting Bids, the Bid or Request for Quotation, and copy ofthese General
<br />Conditions and the Specifications of the Bid/Request for Quote will remain on file in the City Public Works Department, and it is understood
<br />this will be the purchase agreement when accepted by City Council. All material or service supplied by the Contractor shall conform to the
<br />applicable requirements of a General Law City, City Ordinances, and all applicable State and Federal Laws, as well as conforming to the
<br />Specifications contained herein.
<br />8. DEFAULT BY SUPPLIER: In case of default by supplier, the City reserves the right to procure the articles or services from the other sources
<br />and to hold the supplier responsible for any excess costs occasioned to the City thereby.
<br />9. INSPECTION AND ACCEPTANCE: Inspection and acceptance will be at destination, unless otherwise provided. Until delivery and
<br />acceptance, and after any rejections, risk of loss will be on the vendor unless loss results from the negligence of the City of Colton.
<br />Notwithstanding the requirements for any City inspection and test contained in specifications applicable to this purchase order, except where
<br />specialized inspections or tests are specified for performance solely by the City, the vendor shall perform or have performed the inspections and
<br />tests required to substantiate that the supplies and services provided under the purchase order conform to the drawings, specifications and
<br />contract requirements listed herein, including if applicable the technical requirements for the manufacturers' part numbers specified herein.
<br />10. VARIATION IN QUANTITY: No variation in the quantity of any item called for in this purchase order will be accepted unless such variation
<br />has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any,
<br />specified elsewhere in this purchase order.
<br />11. PAYMENTS: Invoices shall contain the following information: purchase order number, item number, description of supplies or services, sizes,
<br />quantities, unit prices and extended totals. Bill of lading number weight of shipment will be shown for shipments on Government Bills of
<br />Lading. Unless otherwise specified, payment will be made on partial deliveries accepted by the City when the amount due on such deliveries so
<br />warrants. Payment terms are NET/30 unless vendor otherwise quotes. All Cash Discounts shall be taken and computed from the date of
<br />delivery or completion and acceptance of the material, or from date of receipt of invoice, whichever is latest.
<br />12. COMMERCIAL WARRANTY: The vendor agrees that the supplies or services furnished under this purchase order shall be covered by the
<br />most favorable commercial warranties the vendor gives to any customer for such supplies or services and the rights and remedies provided
<br />herein are in addition to and do not limit any rights afforded to the City by any other clause of this purchase order.
<br />13. ASSIGNMENT OF CLAIMS: Claims for monies due or to become due under this purchase order shall be assigned only pursuant to prior
<br />written consent of the City Manager or his designated representative.
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