25-26 GNSS Bid Documents.pdf

*****NOTICE TO BID VENDORS PLEASE READ THIS PAGE*****

❖ ALL VENDOR RESPONSE FORMS MUST BE SUBMITTED AS PRINTED

DOCUMENTS A USB OF SPECS OR INFO MAY BE INCLUDED. SEE FURTHER

INSTRUCTIONS BELOW. (Bid Net only has an option for vendor responses to be hard copy or electronic (meaning by e-mail) Erie 2 BOCES will select the hard copy option, because e-mailed or faxed bids are not acceptable).

❖ IF YOU ARE NOT BIDDING AT THIS TIME, THERE IS NO NEED TO SEND NOTICE

– ALL BIDS AND AWARDS ARE POSTED ON-LINE.

❖ PLEASE PUT BID NAME ON THE OUTSIDE ENVELOPE (THIS INCLUDES THE UPS,

FEDEX OR DHL ENVELOPE AS WELL. MANY TIMES, WE ARE OPENING MORE

THAN ONE BID AT A TIME!)

❖ ALL DOCUMENTS MUST BE ORIGINAL. FAXED OR E-MAILED COPIES OF ANY

PAGES WILL NOT BE ACCEPTED.

❖ PLEASE PAY CLOSE ATTENTION TO THE BID REQUIREMENTS ON PAGE 22

OF THE BIDDING DOCUMENTS.

❖ The Bidder may submit a Bid for any product which is in all material respects equal to any of the Product specified as a substitute therefore. The decision of the Erie 2-

Chautauqua-Cattaraugus BOCES or a Component School District as to whether a substitute product is “in all material respects equal” shall be final. If a Bid is submitted on a substitute product, the Bidder must in each instance specify the trade designation, the manufacturer’s name and detail specifications of such product, or supply a sample. A

Bid received which does not specify the foregoing shall be deemed to be submitted with respect to the Product detailed in the Erie 2-Chautauqua-Cattaraugus BOCES specifications.

DOCUMENTS TO BE RETURNED:

❖ PAGE 1 OF THE BID DOCUMENTS. To supply company name, contact person, address and phone numbers.

❖ SCHEDULES B, C, & D. ALL THREE DOCUMENTS MUST BE COMPLETED AND

INCLUDED IN YOUR SEALED BID RESPONSE OR THE BID WILL BE REJECTED. –

THEY SHOULD BE ORIGINAL DOCUMENTS.

❖ NEW VENDORS. Form W-9 Request for Taxpayer Identification Number and Certification

MUST be completed and included in your sealed bid response. Failure to complete this document may result in rejection of bid.

❖ BID VENDOR REFERENCE SHEET (NEW VENDORS ONLY)

ALL BID REQUESTS AND BID AWARDS ARE POSTED ONLINE AT

www.bidnetdirect.com – EMPIRE STATE BID SYSTEM. BID REQUESTS AND AWARD http://www.bidnetdirect.com/

NOTICES WILL NOT BE MAILED. IF YOU HAVE TROUBLE WITH THE WEBSITE,

PLEASE CONTACT BIDNET AT 1-800-677-1997.

9. If the vendor is offering a substitute item with the same packaging as the items specified, the bidder is required to fill in all substitute fields. COPY & PASTE the bid description over to the substitute column, and then make changes to the description where needed. The bid software will not recognize the vendor substitute offer if the unit of measure (UM), cost & quantity information are not provided and will not evaluate the bidders pricing for that item. Failure to provide packaging information with a substituted item may result in the rejection of the bid item. All quantities must be in whole numbers. Cannot bid 0.20 cases. Round up to 1.00 case.

Vendor Catalog Number Substitute Desc Subs UM Subs Unit Cost

Subs Qty

C35 M C4 N12.4 N11.2

11. The bidder shall not change or provide the bid sheets in a different format than the one provided. Any change in the electronic format will prevent the CD/Jump Drive from being read by the bid evaluation software and therefore may result in the rejection of the bidders’ submittal.

Failure to adhere to these instructions may constitute grounds for rejection of the bid.

LEGAL NOTICE TO BIDDERS

Sealed bids are requested by the Erie 2-Chautauqua-Cattaraugus

Board of Cooperative Educational Services (BOCES) and Component Schools for

25-26 GNSS Receiver & Software

Bids will be received until October 16, 2025 at 11AM by the

Erie 2-Chautauqua-Cattaraugus BOCES

8685 Erie Rd. (Rt. 5)

Angola, NY 14006

716-549-4454 x 4047

By: Linda Dentice, Bid Coordinator at which time and place they will be publicly opened and read.

Specifications and bid forms may be obtained on-line at www.bidnetdirect.com vendor registration may be required.

Erie 2-Chautauqua-Cattaraugus Board of Cooperative Educational Services reserves the right to reject any and all bids and to hold all bids for a period of sixty days for proper analysis.

ERIE 2-CHAUTAUQUA-CATTARAUGUS BOCES

CENTRAL ADMINISTRATIVE OFFICE

8685 ERIE ROAD

ANGOLA, NEW YORK 14006

PARTICIPANTS – CTE

ALL ERIE 2 BOCES

ERIE 2-CHAUTAUQUA-CATTARAUGUS BOCES

CENTRAL ADMINISTRATIVE OFFICE

8685 ERIE ROAD

ANGOLA, NEW YORK 14006

Bid for Global Navigation Satellite System Receiver and Software

GNSS Receiver with base, Trimble R780 or equivalent, must come with factory warranty-hardware/firmware.

Trimble R780 Receiver with Precise Rover, Tilt & ProPoint Technology. Trimble T7 Data Controller w/SiteWorks core module, (24-month factory warranty-hardware/software). Includes-rangepole clamp, stylus, charger, handstrap, 2 additional batteries w/charging dock.

Trimble T7 Data Controller w/SiteWorks core module, (24-month factory warranty-hardware/software). Includes-rangepole clamp, stylus, charger, handstrap, 2 additional batteries w/charging dock.

ROVER 3D Machine Guidance, powered by Trimble Siteworks MG Trimble Siteworks Machine Guidance Module – Excavator System, Includes Siteworks MG installation kit, software module, software/firmware updates, installation & calibration (24-month factory warranty).

Trimble 5-year Premium Protection Plan – System, Base-Rover-Data Collector, hardware/firmware + accidental damage. If you drop, run over, or any other accidental damage that occurs to the component, it is covered for 5 years (1-time only replacement then plan terminates).

>Trimble 5-year Premium Protection Plan – Machine Guidance System only (sensors, wiring), including accidental damage. >75% discount on protection plan for new users

3D site model built by Tri-Point Construction Layout

This will require at least 2 full days of training

Submit a proposal including a breakdown of all equipment, training and shipping or additional set up fees.

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COOPERATIVE BIDDING DOCUMENTS

25-26 GNSS Receiver & Software

NAME OF BID MUST APPEAR ON OUTSIDE

OF RETURN ENVELOPE

SEALED BIDS TO BE OPENED:

October 16, 2025 @ 11:00 AM

In the Business Office of:

8685 Erie Road (Rt. 5)

Angola, New York 14006

PLEASE PRINT OR TYPE ALL INFORMATION:

COMPANY NAME: ____________________________

CONTACT PERSON: ____________________________

ORDER ADDRESS: ____________________________

TELEPHONE & extension: ____________________________

FAX: ____________________________

E-MAIL ____________________________

ADDITIONAL VENDOR NOTES HERE (i.e. VENDOR BID NUMBER, MINIMUM

ORDER (IF ALLOWED, SEE REQUIREMENTS ON PAGE 22), etc.):

ABSOLUTELY NO EXCEPTIONS

BOCES HAS WAIVED THE BID SECURITY REQUIREMENTS OF THIS BID

(Sections 4.3 and 7.1). ALL NECESSARY DOCUMENTS AND CERTIFICATIONS MUST

BE COMPLETED AT THE TIME OF BID OPENING

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TABLE OF CONTENTS

PART A. INSTRUCTIONS TO BIDDERS

ARTICLE 1

Definitions-------------------------------------------------------------------------------------4

ARTICLE 2

Bidders Representations ---------------------------------------------------------------------5

ARTICLE 3

Bidding Documents-------------------------------------------------------------------------- 6

3.1 Complete Sets-------------------------------------------------------------------------- 6

3.2 Interpretation or Correction of Bidding Documents------------------------------6

ARTICLE 4

Bidding Procedure--------------------------------------------------------------------------- 7

4.1 Form, Style, and Matter to be submitted with Bids------------------------------- 7

4.2 Submission of Bids------------------------------------------------------------------- 8

4.3 Bid Security (Certified Check) ------------------------------------------------------9

4.4 Modification or Withdrawal of Bid------------------------------------------------- 9

ARTICLE 5

Consideration of Bids----------------------------------------------------------------------- 10

5.1 Opening of Bids----------------------------------------------------------------------- 10

5.2 Rejection of Bids---------------------------------------------------------------------- 10

5.3 Acceptance of Bids and Awards---------------------------------------------------- 10

ARTICLE 6

Qualification of Bidders--------------------------------------------------------------------- 11

6.1 Investigation by Erie 2-Chautauqua-Cattaraugus BOCES-----------------------11

ARTICLE 7

Performance Bond--------------------------------------------------------------------------- 12

7.1 District’s Right to Require Bond---------------------------------------------------- 12

7.2 Time of Delivery of Bonds and Required Attachment--------------------------- 12

ARTICLE 8

The Contract---------------------------------------------------------------------------------- 12

8.1 General Obligations under Contract------------------------------------------------ 12

8.2 Cancellation---------------------------------------------------------------------------- 13

8.3 Indemnification and Liability--------------------------------------------------------14

PART B. GENERAL TERMS, CONDITIONS, REQUIREMENTS

AND SPECIFICATION OF THE CONTRACT---------------------------------------- 14

ARTICLE 1

General Terms and Conditions------------------------------------------------------------- 14

1.1 Notice of Intent of this Invitation--------------------------------------------------- 14

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1.2 Proposal---------------------------------------------------------------------------------15

1.3 Title------------------------------------------------------------------------------------- 15

1.4 Delivery-------------------------------------------------------------------------------- 15

1.5 Conditions Impacting the Contract ------------------------------------------------- 16

1.6 Warranty-------------------------------------------------------------------------------- 16

1.7 Damage to Property-------------------------------------------------------------------16

1.8 Trade-Ins------------------------------------------------------------------------------- 16

1.9 Training--------------------------------------------------------------------------------- 17

1.10 Failure, Delay or Waiver------------------------------------------------------------ 17

1.11 Severability---------------------------------------------------------------------------- 17

1.12 Applicable Law----------------------------------------------------------------------- 17

1.13 Terms and Conditions Concerning Product/Service----------------------------- 17

1.14 Payments------------------------------------------------------------------------------- 19

ARTICLE 2

Provisions of Law---------------------------------------------------------------------------- 19

2.1 Additional Statutory and Regulatory Inclusions-------------------------------- 21

ARTICLE 3

Other Provisions------------------------------------------------------------------------------21

3.1 Examinations of Records------------------------------------------------------------- 21

3.2 Budget Considerations---------------------------------------------------------------- 21

3.3 Entire Agreement---------------------------------------------------------------------- 21

ARTICLE 4

Requirements and Specifications of the Contract----------------------------------------22

SCHEDULE A Format for Required Information Regarding Proposal

SCHEDULE B Non-Collusive Bidding Certification (must be complete)

SCHEDULE C Corporate Resolution (must be complete)

SCHEDULE D Bidder’s Certification (must be complete)

SCHEDULE E Vendor Response File and/or Form – Separate Attachment

SCHEDULE F Suggested Form for Bid Envelopes

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ERIE 2-CHAUTAUQUA-CATTARAUGUS BOCES AND

COMPONENT SCHOOL DISTRICTS

Part A. INSTRUCTIONS TO BIDDERS

Article 1

DEFINITIONS

1.1 “Erie 2-Chautauqua-Cattaraugus BOCES” is the Board of Cooperative Educational

Services for the Second Supervisory District of Erie, Chautauqua, and Cattaraugus Counties, State of New York

1.2 A “Component School District” or the “Component School Districts” is any or all of the following components of the Erie 2-Chautauqua-Cattaraugus BOCES:

Bemus Point Central School District

Brocton Central School District

Cassadaga Valley Central School District

Chautauqua Lake Central School District

Clymer Central School District

Dunkirk Public School District

East Aurora Central School District

Eden Central School District

Falconer Central School District

Forestville Central School District

Fredonia Central School District

Gowanda Central School District

Holland Central School District

Iroquois Central School District

Jamestown Public Schools

Lake Shore Central School District

North Collins Central School District

Orchard Park Central School District

Panama Central School District

Pine Valley Central School District – South Dayton

Ripley Central School District

Sherman Central School District

Silver Creek Central School District

Southwestern Central School District – Jamestown

Springville – Griffith Institute Central School District

Westfield Central School District

a. Not All “Component School Districts” Participate in EVERY Bid, please see the

PARTICIPANT LISTING at the beginning of these documents for the list of DISTRICTS

PARTICIPATING IN THIS SPECIFIC BID.

1.3 “Contract” is an agreement duly executed by the Erie 2-Chautauqua-Cattaraugus BOCES or a Component School District and a Contractor which calls for Services, Supplies, Equipment or Materials to be leased or purchased by a Component School District from the Contractor in

Accordance with all Terms, Conditions, Requirements and Specifications in the Bidding

Documents, for a stipulated price to be paid by the Component School District.

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1.4 “Product” includes all the equipment, materials and supplies listed below for which Bids are being solicited.

1.5 “Notice to Bidders” is the formal statement issued by the Erie 2-Chautauqua-Cattaraugus

BOCES inviting bids on the Contract.

1.6 “Bid” is a complete and properly signed proposal electronically via CD (supplied by bidder) and must included a signed printed version, by the Bidder to provide the Product/Service required for the sum stipulated therein and shall include:

a. “Base Bid” the sum stated in the bid for which the bidder offers to perform the work described in the bidding documents as the base, to which work may be added or from which work may be deleted for sums in alternates.

b. “Alternate” is amount stated in the bid to be added to or deducted from the amount of the base bid if the corresponding change in the work, as described in the bidding documents, is accepted.

c. “Unit Price” is amount stated in the bid as price per unit of measurement for materials, equipment or service or a portion of the work described on the bidding documents.

1.7 “Bidder” is any individual, company, or corporation submitting a Bid.

1.8 “Bidding Documents” include: Advertisement or Notice to Bidders, Instructions to

Bidders, Conditions and Specifications, Bidders Certification, Non-Collusive Certification, Bid

Forms, and any Service Schedules attached hereto. “Bidding Documents” may also include any

Addenda issued prior to receipt of bids, and any proposed Contract Documents.

1.9 “Addenda” are written instruments issued by the Erie 2-Chautauqua-Cattaraugus BOCES prior to the execution of the Contract, which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.10 “Successful Bidder,” also referred to as the “Contractor,” is a Bidder to whom a contract is awarded.

1.11 “Term, Conditions, Requirements, and Specifications” constitute any description in the

Bidding Documents of the Product/Service required for the performance of the obligations under the Contract of the circumstances under which such Product/Service is to be provided by the

Contractor as specified in the Bidding Documents. All definitions set forth in the Terms, Conditions, Requirements, and Specifications are applicable to the Bidding Documents.

1.12 A “Purchaser School” is the Erie2-Chautauqua-Cattaraugus BOCES or any Component

School District which awards a Contract to a Successful Bidder.

Article 2

BIDDER REPRESENTATIONS

2.1 Each Bidder, by submitting a Bid to the Erie 2-Chautauqua-Cattaraugus BOCES represents that:

2.1.1 The Bidder has visited and thoroughly inspected the site, if applicable and has fully informed himself/herself of the conditions relating to the project.

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2.1.2 The Bidder has read and understands the Bidding Documents and its Bid is made in accordance therewith.

2.1.3 The Bidder has based his bid on the Product/Service described in the

Bidding Documents without exception, and he can furnish the Product/Service in accordance with the terms and conditions of the Bidding Documents.

2.1.4 All of the requirements of the specifications are accepted by the Bidder, and the prices quoted include all of the required equipment, materials, and services. The Bidder has checked all of the Bid figures, and understands that the Erie 2-Chautauqua-Cattaraugus

BOCES will not be responsible for any errors or omissions on the part of the Bidder in preparing this Bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for withdrawal or correction of the Bid or Bid security.

2.1.5 The Bidder shall be fully accountable for its performance under this Bid, or any Contract entered into pursuant to this Bid, and agrees that agents of officers of the Bidder will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had done in connection therewith.

Article 3

BIDDING DOCUMENTS

3.1 COMPLETE SETS

3.1.1 A complete set of the Bidding Documents shall be used in preparing and submitting a Bid; the Erie 2-Chautauqua-Cattaraugus BOCES does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of the Bidding

Documents.

3.1.2 The Erie 2-Chautauqua-Cattaraugus BOCES has supplied copies of the

Bidding Documents to the Bidders with the exclusive intent to obtain bids on the Contract for

Product/Service specified, and does not confer a license or grant for any other use.

3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS

3.2.1 Bidders shall promptly notify the Erie 2-Chautauqua-Cattaraugus

BOCES in writing of any ambiguity, inconsistency or error which they may discover upon examination of the Bidding Documents, including all Addenda, or local conditions.

3.2.2 Bidders requiring clarification or interpretation of the Bidding

Documents shall make a written request to the Erie 2-Chautauqua-Cattaraugus BOCES. No clarification or interpretation of the Bidding Documents shall, in any circumstance, be made to a

Bidder orally and bidder expressly agrees that it may not rely on oral communication regarding clarification or interpretation of the bidding documents. The Erie 2-Chautauqua-Cattaraugus

BOCES will respond in writing to all written requests received not later than five (5) days prior to the date fixed for the opening Bids. Copies of such responses will be sent to all Bidders.

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3.2.3 Any clarification, interpretation, correction or change of the Bidding

Documents will be made only by Addenda. Clarifications, interpretations, corrections, or changes of the Bidding Documents made in any other manner will not be binding, and Bidders should not rely upon such clarifications, interpretations, corrections, or changes.

Article 4

BIDDING PROCEDURE

4.1 FORM, STYLE, AND MATTER TO BE SUBMITTED WITH BIDS

4.1.1 All Bids shall be submitted electronically via CD (supplied by bidder) and will included a printed version of the Bid Proposal Forms and/or file, the format for which has be provided by the Erie 2-Chautauqua-Cattaraugus BOCES. See Schedule A attached. Bids must include executed copies of the Bid Forms attached hereto as Schedules B, C, and D.

4.1.2 All spaces on the Proposal Form shall be completed. Any Bid which is incomplete or vague may be rejected by the Erie 2- Chautauqua-Cattaraugus BOCES in its sole discretion. Any bid calling for information not applicable to the particular Bidder shall be left blank.

4.1.3 No interlineations, alteration or erasure should appear in the Bidding

Documents. However, if either of the above should occur, it shall be initialed by the Bidder or by the person signing the Bid on behalf of the Bidder.

4.1.4 All purchase prices quoted in the Bidding Documents by a Bidder must be “per unit” as specified; i.e., do not quote “each” when “per dozen” is requested. In

Erie 2-Chautauqua-Cattaraugus BOCES sole discretion, a Bid may be rejected for the failure to comply with the immediately preceding sentence.

4.1.5 Where applicable, a Bidder must insert the purchase price per unit next to each item of the Product/Service in his Bid. All purchase prices shall be expressed in decimals, not fractions.

4.1.6 The purchase price shall be net and no other charge shall be permitted upon the issuance of Notice of Award pursuant to paragraph 5.3.6 hereof by a Purchaser School.

Delivery shall be F.O.B. the place of delivery indicated by a Purchaser School.

4.1.7 A Bidder shall neither make any stipulations in the Bid nor qualify a Bid in any manner. A Bid may be rejected with purports to qualify, limit, amend, or omit any of the terms or conditions of the Bidding Documents.

4.1.8 A Bid shall include the legal name of the Bidder and a statement whether the Bidder is a sole proprietor, a partnership, a corporation, or any other legal entity. A Bid shall be signed by the person or persons legally authorized to bind the Bidder to a Contract. A Bid by a corporation shall also indicate the state of incorporation and have the corporate seal affixed thereto, in addition to the signature of a duly authorized officer of the corporation.

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A Bid submitted by an agent shall have a current Power of Attorney attached certifying the agent’s authority to bind the Bidder. Any bids not submitted in this fashion may be rejected in the sole discretion of the Erie 2-Chautauqua-Cattaraugus BOCES. Bidder must submit A1A contractor qualification statement for school construction.

4.1.9 Purchase prices submitted by a Bidder shall not include a charge for federal, state or municipal sales and excise taxes since the Erie 2-Chautauqua-Cattaraugus

BOCES and component School Districts are exempt from such taxes.

4.1.10 A Bidder will provide, at any time after submitting a Bid and prior to the award, to the Erie 2-Chautauqua-Cattaraugus BOCES any evidence (including, but not limited to, demonstrations of any of the Product) which the Erie 2-Chautauqua-Cattaraugus BOCES or a

Purchaser School may reasonably require which indicates such Bidder’s ability to provide the

Product/Service in accordance with the terms and conditions of the Bidding Documents.

4.1.11 Upon request by BOCES Bidders will provide, along with a completed

Bid, a list of all School Districts and/or BOCES programs which they have served during the past three years and a separate list of the School Districts and/or BOCES programs to which they have provided the type of Product/Service described in the Bidding Documents. This list should identify at least three accounts, the individual costs of which are approximately equal to, or greater than, the total costs that have been projected in response to this Invitation to Bid. In the alternative, a Bidder should demonstrate that he has in the past supplied the same or similar

Product/Service for an entity such as Erie 2-Chautauqua-Cattaraugus BOCES, or show some other compelling evidence of experience in the types of Contracts provided hereunder.

4.1.12 Bidders must complete a non-collusive bidding certificate as required by

Section 103-d of the New York General Municipal Law. See Schedule B attached.

4.1.13 Upon request by BOCES, for long-term contracts (involving more than one delivery) Bidders will provide, along with a completed Bid, audited financial statements for their two most recent fiscal years.

4.1.14 No charge will be allowed for cases, boxes, carboys, bottles, etc., nor freight expenses, expressage, or cartage. No empty packages, cases, boxes, bottles, etc. may be removed by the Bidder or Contractor.

4.2 SUBMISSION OF BIDS

4.2.1 The Bid, CD and any other documents required to be submitted with the

Bid must be sealed in an opaque envelope in order to constitute a properly submitted Bid. The outside envelope (INCLUDING THE UPS, FEDEX, ETC. ENVELOPE) shall be addressed to the person receiving the Bids indicated in the Notice to Bidders and must state that it contains a

“Bid for xxxxxx” (see Schedule F attached). The envelope shall also state the Bid opening time.

Finally, the envelope shall have the Bidders return address. Erie 2-Chautauqua-Cattaraugus

BOCES shall have no responsibility to bidders in the event the bid is not received at the location designated for receipt of bids in a timely manner.

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4.2.2 Bids shall be mailed to or deposited at the location designated in the

Notice to Bidders prior to the time and date for the receipt of Bids specified or any extension thereof made by Addendum. Bids received after the time and date specified in the Bidding

Documents for receipt of Bids will be returned unopened.

4.2.3 The Bidder shall assume full responsibility for the timely delivery of his

Bid at the specific location designated for receipt of Bids.

4.2.4 A Bid which is submitted orally, by fax, by e-mail, by telephone or by telegraph, is invalid and will not receive consideration.

4.2.5 A Bid shall be accompanied by the specifications applicable to all of the

Product(s)/Service(s) being bid upon.

4.2.6 The Bidder may submit a Bid for any product which is in all material respects equal to any of the Product specified as a substitute therefore. The decision of the Erie

2-Chautauqua-Cattaraugus BOCES or a Component School District as to whether a substitute product is “in all material respects equal” shall be final. If a Bid is submitted on a substitute product, the Bidder must in each instance specify the trade designation, the manufacturer’s name and detail specifications of such product. A Bid received which does not specify the foregoing shall be deemed to be submitted with respect to the Product detailed in the Erie 2-Chautauqua-

Cattaraugus BOCES specifications.

4.3 BID SECURITY (unless waived, see bottom of page 1)

4.3.1 A Bidder shall attach to its Bid a certified check equal to ten percent

(10%) of the bid amount and/or a Bidder will provide a performance bond issued by an A.M. Best

B+ or better surety authorized to do business in New York State in a form acceptable to Erie 2-

Chautauqua-Cattaraugus BOCES and in the amount equal to seventy-five percent (75%) of the total amount of the Contract. The check shall be payable to the Erie 2-Chautauqua-Cattaraugus

BOCES.

4.3.2 The Erie 2-Chautauqua-Cattaraugus BOCES will have the right to retain the letter referred to in paragraph 4.3.1 hereof until either (a)the Contract had been executed and the bonds, if required, have been furnished, (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.

4.4 MODIFICATION OR WITHDRAWAL OF BID

4.4.1 A Bid may not be modified, withdrawn or cancelled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and the

Bidder so agrees in submitting its Bid.

4.4.2 Prior to the time and date designated for receipt of Bids, Bids submitted early may be modified by written notice only to the party receiving Bids. Such notice shall be in writing/telegram and shall include the signature of the Bidder. If such notice is given by telegram, written confirmation over the signature of the Bidder must have been mailed and postmarked on or before the date and time set for receipt of the Bids. Such notice shall be worded so as not to reveal the amount of the original Bid. Bidder is solely responsible for assuring that a bid modification is received at the designated location in a timely manner.

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4.4.3 Withdrawn Bids may be re-submitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with the terms and conditions of the Bidding Documents, as provided in these Instructions to Bidders.

Article 5

CONSIDERATION OF BIDS

5.1 OPENING OF BIDS

5.1.1 All properly submitted Bids will be opened publicly and read aloud on the date, time, and place specified in the Notice to Bidders.

5.2 REJECTION OF BIDS

5.2.1 All Bids must be responsive and comply with and not deviate from the provisions of the Bidding Documents. Failure to meet a material requirement of the Bidding

Documents shall be reason for rejection of any Bid. Bids may also be rejected if they indicate any omissions, alterations of form, unrequested additions, conditional terms, irregularities, or prices that are obviously unbalanced.

5.2.2 The Erie 2-Chautauqua-Cattaraugus BOCES or a Purchaser School shall have the right to reject any or all Bids in its complete and sole discretion.

5.3 ACCEPTANCE OF BIDS AND AWARDS

5.3.1 The Erie 2-Chautauqua-Cattaraugus BOCES in its sole discretion shall have the right to waive any non-material, technical defect, qualification, omission, informality, or irregularity in any Bid received if, in its judgment, the best interest of the Erie 2-Chautauqua-

Cattaraugus BOCES and the Component School Districts will thereby be served.

5.3.2 It is the intent of the Erie 2-Chautauqua-Cattaraugus BOCES and the

Component School Districts to award a Contract to the lowest responsible Bidder as will best promote the public interest, taking into consideration the quality of the products, services, equipment, materials, and supplies to be furnished, their conformity to all of the terms and conditions of the Bidding Documents, and the purpose of the Product/Service to be purchased.

(See further explanation in the “Notice of Intent”, Part B, Paragraph 1.1 infra).

5.3.3 The Erie 2-Chautauqua-Cattaraugus BOCES and the Component School

Districts reserves the right to award the Contracts within sixty (60) days after the date of the opening of the Bids as specified in the Notice to Bidders.

5.3.4 The Erie 2-Chautauqua-Cattaraugus BOCES and Component School

Districts reserve the right to award in whole or in part, by item, group of items or by section, where such action serves the Erie 2-Chautauqua-Cattaraugus BOCES and the Component School

Districts best interest.

5.3.5 If two or more Bidders submit identical Bids as to price, the decision of the District to award a Contract to one of such Bidders shall be final.

5.3.6 The posting of the bid award on-line at www.bidnetdirect.com –

EMPIRE STATE Bid System will be considered sufficient notice of acceptance of a Bid and an award of a Contract. No other notice of the acceptance of a Bid or act shall be required as a condition to the existence of a contract.

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Article 6

QUALIFICATION OF BIDDERS

6.1 INVESTIGATION BY DISTRICT

6.1.1 The Erie 2-Chautauqua-Cattaraugus BOCES or a Component School

District may make any investigation necessary to determine the ability of the Bidder to fulfill the terms and conditions of the Bidding Documents and the Contract. The Bidder shall furnish to the

Erie 2-Chautauqua-Cattaraugus BOCES all such information for this purpose as the Erie 2-

Chautauqua-Cattaraugus BOCES may reasonably request. If in the opinion of the Erie 2-

Chautauqua-Cattaraugus BOCES, the Bidder is not properly qualified to perform any obligations of the contract bid upon, the Erie 2-Chautauqua-Cattaraugus BOCES reserves the right to reject the Bid upon learning of this deficiency.

6.1.2 A Bidder, if requested by the Erie 2-Chautauqua-Cattaraugus BOCES, must demonstrate the necessary ability to support and administer the financial requirements of the

Contract. This shall be done by furnishing all requested information and data within ten (10) days of such request.

6.1.3 The Contractor shall indicate in its Bid the percentage of its total business the award of this Contract would represent in relationship to its current annual volume of business.

6.1.4 The Erie 2-Chautauqua-Cattaraugus BOCES and the Component School

Districts in their sole discretion, reserve the right to reject the Bid of the apparent low Bidder where the available evidence or information does not satisfy the Erie 2-Chautauqua-Cattaraugus

BOCES and the Component School Districts that the Bidder is able to carry out properly the terms of the Contract.

6.1.5 Upon the request of the Erie 2-Chautauqua-Cattaraugus BOCES, the apparent successful Bidder must submit adequately documented certification that the

Product/Service proposed meets all technical specifications of the Bidding Documents.

6.1.6 The expertise of the apparent low Bidder in the particular field of endeavor applicable to the Bid must be demonstrated and documented, upon request, to the full satisfaction of the Erie 2-Chautauqua-Cattaraugus BOCES and/or the Component School

Districts or the Bid may be rejected in the complete discretion of the Erie 2-Chautauqua-

Cattaraugus BOCES and/or the Component School Districts.

6.1.7 The Erie 2-Chautauqua-Cattaraugus BOCES and the Component School

Districts in their sole discretion, reserve the right to reject any Bid if the evidence submitted, or investigations of such Bidder, fail to satisfy the Erie 2-Chautauqua-Cattaraugus BOCES and the

Component School Districts that the Product/Service proposed is satisfactory.

6.1.8 The Erie 2-Chautauqua-Cattaraugus BOCES in their sole discretion, reserve the right to qualify any Bid, before or after opening, upon evidence of collusion with (or without) intent to defraud or upon evidence of any other illegal practices upon the part of any

Bidder or Bidders.

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Article 7

PERFORMANCE BOND

7.1 ERIE 2-CHAUTAUQUA-CATTARAUGUS BOCES RIGHT TO REQUIRE BOND

7.1.1 As required by Paragraph 4.3.1 hereof, if requested by the

Erie 2-Chautauqua-Cattaraugus BOCES, each Bidder shall attach to each bid a submitted letter of certification on an approved form by a Surety Company authorized to do business in New York

State and having an A.M. Best rating of B+ or better, stating that if the Bidder is successful, it will provide a performance bond equal to seventy-five percent (75%) of the total amount of the

Contract for so long as such Contract may be in force in such form as shall be acceptable to the

Erie 2-Chautauqua-Cattaraugus BOCES attorney. The Erie 2-Chautauqua-Cattaraugus BOCES shall have the right, prior to the execution of the Contract, to require the successful Bidder to furnish a bond or bonds in a form acceptable to Erie 2-Chautauqua-Cattaraugus BOCES covering the faithful performance of the Contract and the payment of all obligations arising hereunder in such form and amount as the Erie 2-Chautauqua-Cattaraugus BOCES may prescribe and with such sureties secured through the Bidder’s usual sources as may be agreeable to the Erie 2-

Chautauqua-Cattaraugus BOCES. Such bonds shall be maintained in full force and effect until the Contract shall have been fully performed. The premiums of any such bond, if required, shall be paid by the Bidder.

7.2 TIME OF DELIVERY OF BONDS AND REQUIRED ATTACHMENT

7.2.1 The Bidder shall deliver any bonds required to the Erie 2-Chautauqua-

Cattaraugus BOCES not later than three (3) days after the date the Award of the Contract is received by the Contractor, or in any event not more than six (6) days from the date such Notice was mailed by the Erie 2-Chautauqua-Cattaraugus BOCES.

7.2.2 The Bidder shall require the Attorney in fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of his or her Power of

Attorney.

Article 8

THE CONTRACT

8.1 GENERAL OBLIGATIONS UNDER CONTRACT

8.1.1 Each Bid shall be submitted to the Erie 2-Chautauqua-Cattaraugus

BOCES with the understanding that there shall be a Contract formed upon the issuance of a

Notice of Award pursuant to Paragraph 5.3.6 hereof by the Erie 2-Chautauqua-Cattaraugus

BOCES. The terms and conditions of a Contract between the Erie 2-Chautauqua-Cattaraugus

BOCES or a Component School District and a successful Bidder shall be as provided in the

Bidding Documents and the Notice of Award given pursuant to Paragraph 5.3.6 hereof. The

Bidding Documents and such Notice of Award shall constitute the entire agreement between

Purchaser School and a successful Bidder with respect to the purchase of any of the product, and they supersede all oral and written proposals, representations, understandings and agreements previously made of existing with respect of any such matter.

8.1.2 The Contract shall bind the successful Bidder on his part to deliver and sell to a Purchaser School at the price specified in his Bid the items of Product/Service which are referenced in the Notice of Award given pursuant to Paragraph 5.3.6 hereof. The Contract shall bind the Purchaser School on its part to order and purchase from the successful Bidder such items of Product/Service at the price specified in the Bid and described in the Bidding Documents.

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8.1.3 If the successful Bidder fails to deliver any of the Product(s) purchased by a Purchaser School in accordance with the terms and conditions of the

Bidding Documents, the Purchaser School in their sole discretion may cancel the

Contract and purchase so much of the product from another source. The Purchaser

School reserves the right to authorize immediate purchase from other sources against rejections on any Contract when necessary. The successful Bidder shall reimburse the Purchaser School promptly for all damages and excess cost occasioned by such purchases. The successful bidder shall be responsible for all costs, including reasonable attorneys’ fees, incurred by Erie 2-Chautauqua-

Cattaraugus BOCES or Purchaser School in collecting its damages. If the cost to the District is less, the successful Bidder shall have no claim to the difference. The foregoing shall be in addition to any other remedies which the Purchaser School may have under applicable law.

8.1.4 The successful Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of its Bid or the Contract of its right, title, or interest therein, or its power to execute such Contract, to any other person, company or corporation, without the pervious written consent of the Purchaser School.

8.1.5 Time is an essential element of the Bidding Documents and the Contract.

If the successful Bidder fails to meet the delivery deadline as set forth above or fails to supply in accordance with the specifications, terms and conditions of the Bidding Documents, for any reason excepting delay as caused by Acts of God, the Purchaser School shall have the right to purchase the Product from other sources on the open market, or to purchase those items necessary to continue functioning until delivery from the Bidder is complete.

8.1.6 The Purchaser School may deduct as liquidated damages from any money due or coming due to the Bidder either the difference between the Bidder’s price and the higher price or the cost of temporary items paid for by the Purchaser School on the open market or an amount equal to actual temporary item cost per day for each and every calendar day during which the Contract remains unfinished or uncompleted.

8.1.7 Any monies so deducted are not to be construed as a penalty, but as liquidated damages to compensate for the additional costs and inconvenience incurred by the

Purchaser School. The rights and remedies provided for in these specifications shall be in addition to and not a limitation of any rights and remedies otherwise available at law. In any law suit involving the assessment or recovery of liquidated damages, the reasonableness of the charge therefore shall be presumed.

8.2 CANCELLATION

8.2.1 The Contract may be cancelled by the Purchaser School at the successful

Bidder’s expense for non-performance or any other good and reasonable cause. The successful

Bidder shall remain liable for all remedies to which the Purchaser School is entitled under applicable law notwithstanding such cancellation.

8.2.2 Cancellation of the Contract for any reason may result in removal of the successful Bidder’s name from the Erie 2-Chautauqua-Cattaraugus BOCES mailing list for future proposals for in indeterminate period.

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8.2.3 If the successful Bidder, without obtaining the prior written consent of the Erie 2-Chautauqua-Cattaraugus BOCES and/or the Purchaser School, assigns, transfers, conveys, sublets, or otherwise disposes of the Contract or his right, title or interest therein, the

Purchaser School shall have the right to cancel such Contract, and shall thereupon be relieved and discharged from any and all liability and the obligations arising out of such Contract to the successful Bidder, and to the person or corporation to which any such Contractor shall have been assigned, transferred, conveyed, sublet, or otherwise disposed of and such successful Bidder and his assignee, transferee, or sub lessee shall forfeit and lose all monies theretofore earned under such Contract, except so much as may be required to pay its or their employees, provided that nothing herein contained shall be construed to hinder, prevent, or effect an assignment by a

Contractor for the benefit of its creditors made pursuant to the laws of the State of New York.

8.2.4 The Purchaser School shall not pay for the Product which is unsatisfactory. The successful Bidder shall be given a reasonable opportunity, at the Purchaser

School’s option, before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.

8.3 INDEMNIFICATION AND LIABILITY

8.3.1 The successful Bidder agrees to indemnify and save the Purchaser

School entirely harmless from any and all claims, demands, damages, actions, or cause of action, arising or to arise, against said Purchaser School by reason of the successful Bidder’s delivery of product or the use of any process, machinery or material, where applicable, in the assembly of said Product.

8.3.2 The successful Bidder shall be required to indemnify and hold the

Purchaser School, including its officers, employees, and agents, harmless from any liability with respect to claims for damages as a result of bodily injury, sickness, disease, death, or property damage arising or resulting from any act, with omission, neglect or misconduct of the Bidder or his agent(s) in connection with fulfilling his responsibilities according to the Contract.

8.3.3 The Contractor hereunder is an independent contractor with respect to the District. The District is not responsible for compliance with the requirements of the Fair

Labor Standards Act (“FLSA”) with respect to the Contractor’s employees. If the District nevertheless is held liable in any manner for a claim brought under the FLSA by an employee of the Contractor, the Contractor will defend and hold the District entirely harmless and indemnify the District for any and all judgments, wages, and liquidated damages and/or costs, including attorney’s fees, resulting directly or indirectly from such claim.

Part B. GENERAL TERMS, CONDITIONS, REQUIREMENTS

AND SPECIFICATIONS OF THE CONTRACT

Article 1

GENERAL TERMS AND CONDITIONS

1.1 NOTICE OF INTENT OF THIS INVITATION

The Erie 2-Chautauqua-Cattaraugus BOCES on its own behalf and on behalf of the

Component School Districts hereby invites Bids on a Contract or Contracts for a Product/Service.

It is understood that the said Contract may be extended at current bid terms and conditions, by mutual agreement between Erie 2 BOCES and the awarded bidder; beyond the date stipulated in the Bidding Documents.

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All responsive bids from responsible Bidders received by the Erie 2-Chautauqua-Cattaraugus

BOCES will be reviewed for consideration and awarded. All Bidders shall hold the prices quoted in their Bids firm until JUNE 30, 2026, UNLESS OTHERWISE STATED IN THE

REQUIREMENTS & SPECIFICATIONS OF THIS BID (see page 22). Since quantities to be purchased are subject to many variables, commitments concerning the quantity of items to be purchased are not made herein.

With respect to the Component School Districts, the Erie 2-Chautauqua-Cattaraugus BOCES is acting as an agent only for the receipt of Bids and, such as, will not make any award for a

Component School District. All responsible bidders received by the Erie 2-Chautauqua-

Cattaraugus BOCES will be distributed among the Component School Districts for consideration and award.

1.2 PROPOSAL

The successful Bidder will provide to the Purchaser School all the Product(s) outlined in the specifications of these Bidding Documents.

1.3 TITLE

Title to any of the Product which is the subject of a contract shall not pass until such of the Product is delivered to and accepted by the Purchaser School.

1.4 DELIVERY

1.4.1 A successful Bidder shall deliver any of the Product (s) ordered hereunder within thirty (30) days after receiving a Purchase Order from the District given pursuant to Part A, Paragraph 5.3.6 hereof unless other instructions as to delivery time appear in the instruction to Bidders and/or specifications. Delivery of the Product purchased hereunder shall be F.O.B. the place of delivery indicated by the District in such Notice of Award. A successful Bidder shall assume all risks of damage, or of loss of any of the product until the

District has received, inspected and accepted the same.

1.4.2 The decision of the Erie 2-Chautauqua-Cattaraugus BOCES as to reasonable compliance with delivery terms shall be final.

1.4.3 No Product is to be shipped or delivered until receipt of a Notice of

Award and purchase order(s) calling for Product(s).

1.4.4 The Contractor shall deliver the Product during normal business hours, between 8:00 am and 5:00 pm weekdays. The Purchaser School will not accept any deliveries on

Saturdays, Sundays, or legal holidays, except where the delivery is for an emergency and is approved by the Purchaser School.

1.4.5 Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cased, baling, or sacks.

1.4.6 The successful Bidder shall be responsible for delivery of items in good condition at the point of destination. The Purchaser School, if practical, will note for the benefit of the successful Bidder when packages are not received in good condition.

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1.4.7 Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions or the agent for the Purchaser School. The successful Bidder will be required to furnish proof of delivery in every instance.

1.4.8 Unloading and placing of any supplies, equipment, or furniture requested is the responsibility of the successful Bidder, and the Purchaser School accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful

Bidder to comply with this requirement will be charged to him. No help for unloading will be provided by the Purchaser School, and suppliers should notify their truckers accordingly.

1.4.9 All deliveries shall be accompanied by delivery tickets or packing slips.

Tickets shall contain the following information for each item delivered:

-Contract identification

-Name of article

-Item number (if applicable)

-Quantity

-Name of the Successful Bidder

1.4.10 Cartons shall be labeled with the successful Bidder’s name and a general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

1.4.11 Weight, count, measure, etc. of all Product(s) delivered will be determined at the points of delivery. The Contractor will be required to furnish proof of delivery in every instance. Bulk materials are to be placed on skids or pallets on the receiving platform as directed by the receiving clerk. Mixed loads of more than one item, color, size, etc. must be sorted when directed by the receiving clerk.

1.5 CONDITIONS IMPACTING THE CONTRACT

Each Bidder must inform himself fully as to the conditions relevant to the fulfillment of the Contract. In that regard it is imperative that all Bidders carefully review the needs of the

Purchaser School as stipulated in the specifications of these Bidding Documents and, where appropriate, visit the facilities which will be benefited by the Product/Service purchased.

1.6 WARRANTY

Separate and apart from any other warranties, including manufacturers’ warranties, a successful Bidder warrants and represents that all Product purchased hereunder shall remain in good working order for not less than twelve (12) months from the date of acceptance of such

Product by a Purchaser School, any of the Product which is defective, damaged, or otherwise in need of repair without cost or expense to the Purchaser School.

1.7 DAMAGE TO PROPERTY

1.7.1 In fulfilling the obligations of the Contract, care must be exercised by the

Contractor to avoid damage to or disfigurement of the buildings, equipment, grounds, or other property of the Purchaser School.

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1.7.2 A Contractor shall be required at its expense to make the necessary repairs to any property it damages.

1.7.3 The Contractor shall also be required to furnish adequate protection from damage for all work or to repair damages of any kind for which the Contractor or its personnel are responsible, whether to the property, buildings, or equipment of the Purchaser School, to its own property, or equipment, or to the work of others performed on the Purchaser School’s behalf.

1.8 TRADE - INS

Where applicable, Product to be traded-in shall be dismantled by the successful Bidder and removed at his expense. The condition of the trade-in Product at the time it is turned over to the successful Bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of the trade-in. All Product is represented “as is”.

Product is available for inspection only at the delivery point listed for new Product, unless otherwise specified.

1.9 TRAINING

At the request of the Purchaser School, with respect to each item of product…