25-26 Ind Art T_C.pdf

PITTSFORD CENTRAL SCHOOL DISTRICT

75 Barker Road

East Wing Room 418

Pittsford, New York 14534

585-267-1041

SPECIFICATIONS AND BID FORM FOR:

25-26 Industrial Arts Technology Supplies

In accordance with the provisions of section 103 of the General Municipal Law, an advertisement for bids was published in the following newspaper:

Daily Record, Rochester, NY on March 4, 2025

As stated in such notice, bids will be publicly opened and read in the Administration Building, Pittsford

Central School, 75 Barker Road, Pittsford, New York 14534 on the 25th day of March, 2025, at 11:00

A.M.

I have received, read, and agree to the terms and conditions as set forth in General Conditions. I have read, understood, agree, and signed to Non-Collusion Certification.

Name of Bidder: _________________________________________________

Address of Bidder: _________________________________________________

Fed ID # _________________________________________________

Website: _________________________________________________

Telephone Number: _________________________________________________

Signed By: _________________________________________________

Print Name: _________________________________________________

Title: _________________________________________________

E-Mail Address: _________________________________________________

Date: _________________________________________________

BIDS TO BE OPENED: Name of Bidder ______________________

Time: 11:00 A.M. Address

Date: March 25, 2025 Contact Person

Tel. Number

SPECIFICATIONS AND BID FORM

FOR

25-26 INDUSTRIAL ARTS TECHNOLOGY SUPPLIES

To be purchased by: Pittsford Central School District

75 Barker Road

East Wing Room 418

Pittsford, NY 14534

Submit the following with the bid:

1. Signed Bid Proposal Certification (Non-Collusive Form)

2. Signed Iranian Energy Sector Divestment

3. Completed Vendor Bid Response Form

4. Signed and Dated W9 Form

5. Specifications for alternate bid items.

6. Current vendor catalog or website item numbers clearly written beside each item bid.

Unsigned paper work is grounds for bid disqualification.

NOTE: By signing and submitting this bid for consideration by the Pittsford Central School District the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration.

NON-COLLUSIVE BIDDING CERTIFICATION

FIRM NAME_________________________________________________________

BUSINESS ADDRESS__________________________________________________

TELEPHONE NUMBER _________________________ DATE OF BID____________

I. General Bid Certification

The bidder certifies that he will furnish, at the prices herein quoted, the materials, equipment and/or services as proposed on this bid

II. Non-Collusive Bidding Certification

By submission of this bid proposal, the bidder certifies that he is complying with Section 103-d of the General Municipal Law as follows:

Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury: Non-collusive bidding certification.

"(a) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor:

(2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor and;

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition."

(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition.

1. The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation or local law, and where such bid contains the certification referred to in subdivision one of the section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non collusion as the act and deed of the corporation.

SIGNATURE (AUTHORIZED) _____________________________

TITLE_______________________________________________

By signing and submitting this bid for consideration the vendor acknowledges that they have read, understand and agree to all aspects of the specifications.

Pittsford Central School District

75 Barker Road

NON-BID RESPONSE

25-26 Industrial Arts Technology Supplies

The Pittsford Central School District is interested in the reasons why Bidders fail to submit bids. Please indicate your reason(s) by checking all appropriate item(s) below and returning this form to the above address.

___ Could not meet Scope of Services

___ Insurance requirements too restricting

___ Scope of Services not clearly understood or applicable (too vague, too rigid, etc.)

___ Project not suited to firm

___ Quantities/project too small

___ Insufficient time allowed for preparation of bid/proposal

___ Other reasons – please state and define:______________________________________________

Company Name: __________________________________________________________

Contact Person: ___________________________________________________________

Company Address: ________________________________________________________

Telephone: _______________________________________________________________

IRANIAN ENERGY SECTOR DIVESTMENT

Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor/Proposer has not:

a) Provided goods or services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran; or

b) Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible bidder pursuant to Section 103 of the New York State General Municipal Law.

Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for Proposals must certify and affirm the following under penalties of perjury:

a) “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Pittsford Central School District (PCSD) will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The PCSD reserves its rights, in accordance with General Municipal Law Section 103-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in

Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The PCSD has made a determination that the goods or services are necessary for the PCSD to perform its functions and that, absent such an exemption, the PCSD would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the Disttrict in writing and shall be a public document.

Certification Pursuant to Section 103-g Of the New York State General Municipal Law

A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law.

B. A Bid/Proposal shall not be considered for award, nor shall any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances:

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

Signature

Date

Title

Company Name

LEGAL NOTICE TO BIDDERS

FOR

The Board of Education of the Pittsford Central School District, in accordance with

Section 103 of Article 5A of the General Municipal Law, hereby invites the submission of sealed bids:

Bids will be received at the District Office, 75 Barker Road, East Wing, New York, 14534, until 11:00 A.M. on the 25th day of March 2025 at which time all bids will be publicly opened. The instructions to bidders, specifications and bid forms can be obtained from the above office. No bidder may withdraw his bid within 30 days after actual date of the opening thereof. The Board of Education reserves the right to reject any and all bids.

March 4, 2025 Leslie Pawluckie Date Leslie Pawluckie, Purchasing Agent

585-267-1041

Leslie_pawluckie@pittsford.monroe.edu

INSTRUCTIONS TO BIDDERS

1. Sealed proposals for the furnishing and delivery and installing, where called for, of the services, materials, equipment and/or supplies, as required by the PCSD, and as set forth in the following specifications prepared under the direction of said Board of Education, will be opened in the District Office, located at 75

Barker Road, east Wing, Pittsford, New York, on the day and hour stated on the cover page hereof.

2. The person, firm or corporation making such proposal shall submit it in a sealed envelope to the Purchasing Agent on or before the hour and day stated on the cover page hereof, and the envelope shall be endorsed on its face with the name of the person, firm, or corporation making such proposal, the date of its presentation and the title of the services, materials, equipment or supplies for which such proposal is made.

3. Where items or articles of equipment or supplies are designated as manufactured by a specific manufacturer, it is to be understood that the article as specified represents an accepted standard. Where certain brands of materials, apparatus, or equipment are specified, such goods have been selected in order to establish a standard for particular service required, but it is not the intention to limit competition thereby.

4. The bidder shall insert the price and catalog page number per stated unit that the vendor proposes to furnish and deliver. The price stated must be net and must include delivery charges. The low bidder will be determined on a UNIT BASIS.

If the bidder substitutes for the called-for specified item, this must be noted on the bid sheet for that particular item, must be equal to that specified, and must include specifications.

Bidders must furnish a vendor item code for all items bid.

It shall be understood that a bidder may submit only one bid for each line item and only one bid package for award consideration. Submission of more than one bid per item or more than one bid package shall be deemed as collusion and that all bids received from the submitting bidder shall be rejected. It shall be also understood that alternate items will be evaluated; however, only one line item bid may be entered for each line item.

Any additional alternate line items bid will be rejected and not considered for bid award.

5. No charge will be allowed for freight expenses, express of cartage.

6. No charge will be allowed for federal, state or municipal sales and excise taxes, for which the Board of Education is exempt. The price shall be net and shall not include the amount of any such tax. Exemption certificates, if required, will be furnished on forms provided by the bidder.

7. The Board of Education reserves the right to accept bids by item, by groups of items or as a whole. The Board of Education also reserves the right to reject all bids. In addition, the Board of Education reserves the sole right to determine equivalence where necessary.

8. The successful bidder shall comply with all New York State Laws, and Rules and

Regulations of the Education Department and Labor Department of New York

State. This applies particularly to payment of wages and carrying of all types of insurance.

9. Samples may be requested in writing at the discretion of the School Purchasing

Agent. Samples must be delivered to the School Purchasing Agent not more than ten (10) days from the date of request.

10. If the item or items called for in these specifications are delivered and fail to meet specifications in any respect, the bidder will be notified and he will arrange for their removal from Board of Education property at no expense to the Board of

Education. If the successful bidder fails to remove the items that, in the opinion of the Board of Education, do not meet specifications, the Board will arrange to have such items removed and any expense connected therewith will be the responsibility of the successful bidder.

11. In determining the qualifications of a bidder, the Board of Education will consider his record in the performance of any contract for similar services or products into which he may have entered with the said School District or any other Public Body. The School District specifically and expressly reserves the right to reject the bid of such bidder if the record discloses that such bidder, in the opinion of the Board, has not properly performed such contracts.

12. The School District may make such investigation as deemed necessary to determine the ability of the bidder to perform the terms of the contract, and the

Bidder shall furnish the School District any and all information for this purpose that shall be requested. The Board of Education reserves the right to reject any bid if its investigation of the Bidder reveals that, in the opinion of said Board of

Education, the Bidder is not properly qualified to carry out the obligations of the contract.

13. Should any prospective bidder find discrepancies or omissions in the specifications, he shall notify the School District at once. The School District will then send written instructions to all bidders. The Board of Education will not assume responsibility for any oral instructions or interpretations of the meaning of the specifications or other contract documents to any bidder by any person.

14. Specifications are as described on bid forms included that pertain to individual item or items.

15. The quantities listed are estimated only. The contract or purchase order shall be for the actual quantities ordered during the life of the contract, from date of Board approval through 03/31/2026.

16. It shall be understood that items submitted for bid are estimates of the total material required by PCSD. These estimates may be decreased if the appropriated budgetary funds are not available. PCSD is under no obligation to purchase material listed in this bid if appropriated budgetary funds are unavailable. The exact quantities ordered of any items submitted for bid consideration may be reduced or eliminated completely at the option of PCSD if appropriations are unavailable to fund the purchases.

17. These instructions are to be considered an integral part of all proposals.

18. All deliveries of Industrial Technology Supplies and Equipment will be made directly to each school designated on the purchase order.

19. Delivery and installation of equipment and delivery of supplies must be made before August 22, 2025, or District reserves the right to cancel orders.

20. Each box of supplies or equipment must be labeled as in the following example:

Industrial Arts Technology Supplies/Equipment

Delivery Contact

Purchase Order #

Name and Address of School

21. A list of back ordered items must be included with each delivery.

22. Schools will not accept opened containers on delivery.

23. A Pittsford Central School District employee must sign for all delivered orders.

24. Within 30 days of the initial shipment, the designated sales representative must personally resolve any major problems within the district on an individual building basis.

Please submit typed or legibly handwritten bid. Bids will be received at the

Administration Building of the Pittsford Central School District, 75 Barker Road, East Wing, Pittsford, NY 14534, until 11:00 A.M., on March 25, 2025. Bidders are to use the attached bid form in submitting their bids.

VENDOR NAME: ____________________________________________

FEDERAL ID# (W9 Attached): ____________________________________________

ADDRESS: ____________________________________________

WEBSITE: ____________________________________________

TELEPHONE: ____________________________________________

FAX #: ____________________________________________

CONTACT PERSON: ____________________________________________

EMAIL: ____________________________________________

DESIGNATED SALES REPRESENTATIVE: ____________________________________

TOTAL DOLLAR BID: ____________________________________________

MINIMUM ORDER FREE SHIPPING (Bid Orders): _______________________________

Bids indicating a minimum order amount may be rejected.

BID REFERENCE FOR PURCHASE ORDERS: __________________________________

If Required

CATALOG DISCOUNT (If Offered): __________%

NAME OF CATALOG: ______________________________________________________

MINIMUM ORDER FREE SHIPPING: _________________________________________

SHIPPING/HANDLING CHARGES: ___________________________________________

For orders under the minimum order

GENERAL CONDITIONS

(For the purchase of materials, supplies, and equipment)

All invitations to bid issued by the above named school district will bind bidders and successful bidders to the conditions and requirements set forth in these general conditions, and such conditions shall form an integral part of each purchase contract awarded by the school district.

DEFINITIONS

"School district" Shall be the legal designation of the district.

"Notice to bidders" A formal statement which, when issued by the school district, constitutes an invitation to bid on the materials, supplies and equipment described by the specifications.

"Board" The board of education of the school district.

"Bid" An offer to furnish materials, supplies, and/or equipment in accordance with the invitation to bid, the general conditions, special instructions, and the specifications.

"Bid offer" The form on which the bidder submits the bid.

"Bidder" Any individual, company, or corporation submitting a bid.

"Contract" A notice to the successful bidder by the issuance of a purchase order; also, all documents relating to the transaction including, but not limited to, the bid offer of the successful bidder, notice to bidders, general information, general conditions, special instructions, specifications, notice of award, bid proposal certifications; also, a formal document signed by the successful bidder and the school district representative.

"Successful bidder" Any bidder to whom an award is made by the school district.

"Contractor" Any bidder to whom a contract award is made by the board of education.

"Specification" Description of materials, supplies and/or equipment and the number/amount requested and the conditions for its purchase.

BIDS

1. The date, time, and place of bid opening will be given in the Notice to Bidders.

2. All bids must be submitted on bid offer forms and in accordance with instructions provided by the board.

3. All bids received after the time stated in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the school district. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

4. All information that is required by Notice to Bidders, General Conditions, Specifications, and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.

5. The non-collusive bidding certification must be included with each bid as required by General Municipal Law, Section

103-d.

6. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the service, supplies, materials, or equipment required and a representation that the bidder can furnish the service, supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

7. No alteration, erasure, or addition is to be made in the typewritten or printed matter. Deviations from the specifications must be set forth in space provided in bid for this purpose.

8. Prices and information required should be type-written for legibility. Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

9. Sales to school districts are not affected by any fair trade agreements. (General Business Law, Sec. 369-a, sub. 3).

10. No charge will be allowed for Federal, State, or municipal sales and excise taxes since the school district is exempt from such taxes. The price bid shall be net and shall not include the amount of any such tax.

11. In all specifications, the words "or equal" are understood after each article giving manufacturer's name or catalog reference, or on any patented article. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer's name, and detailed specifications of item he proposes to furnish. Otherwise, bid will be construed as submitted on the identical item as specified.

12. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified.

13. All regularly manufactured stock electrical items must bear the label of the Underwriters' Laboratories, Inc.

14. When bids are requested on a lump sum basis, bidder must bid on each item in the lump sum group. A bidder desiring to bid "no charge" on an item in a group must so indicate; otherwise bid for the group may be rejected.

15. All prices quoted must be "per unit" as specified; e.g., do not quote "per case" when "per dozen" is requested; otherwise, bid may be rejected.

16. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions.

17. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to destination indicated in the instructions to bidders. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.

18. All bids must be sealed. They must be submitted in envelopes furnished by the school district, if any. Otherwise, plain, opaque envelopes may be used, clearly marked "BID." Also the date and time of the bid opening as indicated on the Notice to Bidders must appear on the envelope. Bids must not be attached to or enclosed in packages containing bid samples.

Telephoned quotations or amendments will not be accepted at any time.

19. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally.

Every request for such interpretation should be in writing, addressed to the school district, not later than five (5) days prior to the date fixed for the opening of bids. Notice of any and all such interpretations and any supplemental instructions will be sent to all bidders of record by the school district in the form of addenda to the specifications. All addenda so issued shall become a part of the contract documents.

20. If the supplies, materials, or equipment are to be delivered over an extended period of time, or if the specifications so state, then the successful bidder may be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within 15 days after notification to execute such contract. If the specifications so state, the successful bidder also may be required to furnish a performance bond equal to the full amount of the contract to guarantee the faithful performance of such contract. Such performance bond shall be maintained in full force and effect until the contract shall have been fully performed. The Surety Company furnishing such performance bond shall be authorized to do business in the State of New York and must be satisfactory to the school district. The successful bidder shall execute the performance bond at the time of the execution of the contract by the successful bidder and the board.

SAMPLES

21. All specifications are minimum standards; and accepted bid samples do not supersede specification for quality unless bid sample is superior, in which case deliveries must be the same identity and quality as accepted bid sample.

22. The school district reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments is made. If the sample is not in accordance with the requirements of the specification, the school district may reject the bid; or, if award has been made, cancel the contract at the expense of the successful bidder.

23. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, bid may not be considered. If samples are requested subsequent to bid opening, they shall be delivered as directed for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The school district will not be responsible for any samples destroyed or mutilated by examination or testing. The bidder at his expense shall remove samples. Samples not removed within fifteen (15) days after written notice to the bidder will be regarded as abandoned and the school district shall have the right to dispose of them as its own property.

24. When a specification indicates that an item to be purchased is to be equal to a sample, such sample will be on display at a designated location in the school district. Failure on the part of the bidder to examine sample shall not entitle him to any relief from the conditions imposed in the proposal, specification, etc.

AWARD

25. Awards will be made to the lowest responsible bidder, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

26. The school district reserves the right to reject all bids. Also reserved is the right to reject, for cause, any bid in whole or in part to waive technical defects, qualifications, irregularities, and omissions, if in its judgment the best interests of the district will be served. Also reserved is the right to reject bids and to purchase items on State or county contracts if such items can be obtained on the same terms, conditions, specifications, and at a lower price.

27. The school district reserves the right to make awards within sixty (60) days after the date of the bid opening during which period bids may not be withdrawn unless the bidder distinctly states in his bid that acceptance thereof must be made within a shorter specified time.

28. Where a bidder is requested to submit a bid on a total sum or sums, the right is reserved to award contracts on total sum or sums, whichever is in the best interests of the school district.

29. If two or more bidders submit identical bids as to price, the decision of the board to award a contract to one of such identified bidders shall be final. (General Municipal Law, Sec. 103, sub. 1.)

CONTRACT

30. Each bid will be received with the understanding that the acceptance thereof in writing by the board, to furnish any or all of the items described therein shall constitute a contract between the successful bidder and the school district. Contract shall bind the successful bidder on his part to furnish and deliver at the prices and in accordance with the conditions of his bid. Contract shall bind the school district on its part to order from such successful bidder and to pay for at the contract prices, all items ordered and delivered, within ten (10) percent over or under the award quantity, unless otherwise specified.

31. The placing in the mail of a notice of award or purchase order to a successful bidder, to the address given in his bid, will be considered sufficient notice of acceptance of contract.

32. If the successful bidder fails to deliver as ordered, or within the time specified, or within reasonable time as interpreted by the school district, or fails to make replacement of rejected articles, when so requested immediately or as directed by the school district, the school district may purchase from other sources to take the place of the item rejected or not delivered.

The school district reserves the right to authorize immediate purchase from other sources against item rejections or not delivered on any contract when necessary. On all such purchases the successful bidder agrees to reimburse the school district promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.

33. A contract may be canceled at the successful bidder's expense upon nonperformance of contract.

34. Cancellation of contract for any reason may result in removal of the successful bidder's name from mailing list for future proposals for an indeterminate period.

35. When materials, equipment, or supplies are rejected, the successful bidder from the premises of the school district must remove them within ten (10) days of notification. Rejected items left longer than ten (10) days will be regarded as abandoned, and the school district shall have the right to dispose of them as its own property.

36. No items are to be shipped or delivered until receipt of an official purchase order from the school district.

37. It is mutually understood and agreed that the successful bidder shall not assign, transfer, convey, sublet, or otherwise dispose of the contract or his right, title, or interest therein, or his power to execute such contract, to any other person, company, or corporation, without the previous written consent of the school district.

INSTALLATION OF EQUIPMENT

38. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the buildings broom cleaned, and everything in perfect repair and order. Old materials are the property of the successful bidder unless otherwise specified.

39. Equipment, supplies, and materials shall be stored at the site, only on the approval of the school district and at the successful bidder's risk. In general, such onsite storage should be avoided to prevent possible damage or loss of the material.

40. Work shall be progressed so as to cause the least inconvenience to the school district and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.

41. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

42. Equipment for trade-in shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment 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 trade-in. All equipment is represented simply "as is."

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

GUARANTEES BY THE SUCCESSFUL BIDDER

43. The successful bidder guarantees:

(a) His products against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

(c) To carry adequate insurance to protect the school district from loss in case of accident, fire, theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

(e)That the equipment delivered is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer's recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one-year from date of delivery. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to the school district.

Any merchandise provided under the contract, which is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the school district.

DELIVERY

44. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear on order, it will be interpreted to mean prompt delivery. The decision of the school district as to reasonable compliance with delivery term shall be final.

45. The school district will not accept any deliveries on Saturday, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

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

47. The successful bidder shall be responsible for the delivery of items in good condition. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving school district will note for the benefit of successful bidder when packages are not received in good condition.

48. 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 school district. The successful bidder will be required to furnish proof of delivery in every instance.

49. Unloading and placing of the equipment and furniture is the responsibility of the successful bidder, and the school district 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 school district, and suppliers should notify their truckers accordingly.

50. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Number and/or Purchase Order Number

Name of Article

Item Number (if applicable)

Quantity

Name of the Successful Bidder

Carton shall be labeled with purchase order or contract number, successful bidder's name and general statement of contents.

Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

PAYMENTS

51. Payment for the used portion of an inferior delivery will be made by the school district on an adjusted price basis.

52. Payment will be made only after correct presentation of claim form or invoices as may be required.

53. Payments of any claim shall not preclude the school district from making claim for adjustment on any item found not to have been in accordance with the contract specifications.

SAVING CLAUSE

54. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fire, floods, acts of God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he is unable to prevent.