General Conditions Pertaining to Bid, Bidders or Contractors

Estimate of Quantities Required
The estimated quantities given in the specifications for period of time contracts are estimates only of the City's requirements. The uncertain and varying needs of the City make it impossible to determine exact quantities of supplies and materials that may be required during the period of the contract. The estimates given are only for the information of the bidder and for the purpose of fixing the amount of the bond when required. Supplies and materials will be delivered to such place or places, as the needs of the City may require unless the specifications specifically provide otherwise. No minimum quantity is guaranteed, however orders for quantities in excess of those given by more than 10% shall be subject to acceptance by supplier

Materials Supplies or Equipment
The materials, supplies or equipment called for in the specifications, unless otherwise described, shall be new, unused and of the most current manufacture. The contractor shall be solely responsible for any loss or damage to materials, supplies and equipment, up to acceptance at the F.O.B. point stated in the specifications.

Brand Names
Where a particular brand name, with the respective number is specified, they are specified as a standard of quality and utility only. The designation of such brand name is merely for illustrative purposes to maintain a pre- determined quality level and not to restrict bidding. A bidder may submit a bid on a brand other than that named, but such brand must be so stated and be equal in quality and utility of the brand named in the specifications. The final determination as to whether the substitute product is equal, shall be made by the City and its decision shall be final. If the bidder does not write in the brand name or number of the article the bidder intends to furnish, it shall be deemed that bidder agrees to furnish the brand specified in the specifications.

Samples need not be included unless requested in the specifications.

Taxes
Specific information on taxes is indicated on the specification. The supplies and materials called for in the specifications will be used by the City in the performance of a governmental function and are exempt from taxation by the United States government. The City will furnish a tax exemption certificates and any affidavits and documents that may be necessary to establish such an exemption. The City, however, is subject to State and local taxes.

Local Vendor Preferences
A local business enterprise and small local business enterprise will be extended a 5% preference in the evaluation of all bids for supplies or equipment; services are exempt. This means that bids received from local vendors will be reduced by the applicable percentage before an evaluation is made to determine the lowest responsible bidder. After this determination is made, an award will be recommended in the amount shown in the vendors bid.

"Local Business" shall be as defined in the "City of Oakland's Operational Definition for Local Business".

Equal Employment Practices
Vendors with contracts, purchase orders or bids in excess of $5,000 and who employ 25 or more employees must adhere to the following policy:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or physical handicap. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, or physical handicap.