REQUEST FOR BIDS (RFB)

BID TITLE: FFMS Pool Bulkhead Grating Replacement

BID NUMBER: RFB-FY27-01

Sealed bids will be received until the date and time listed below.

BID DUE DATE: September 10, 2026

BID DUE TIME: 11:00 AM

BID OPENING LOCATION:

Clarkstown Central School District 62 Old Middletown Road New City, NY 10956

DISTRICT CONTACT

Sabrina Alvarado Purchasing Agent bids@ccsd.edu

SUBMISSION INSTRUCTIONS

• Bids must be submitted in a sealed, opaque envelope clearly marked with the Bid Title and Bid Number.

• Bids must be received prior to the date and time specified. Late bids will not be considered.

• It is the responsibility of the bidder to ensure timely delivery.

QUESTIONS AND ADDENDA

Questions regarding this bid must be submitted in writing to:

Sabrina Alvarado Purchasing Agent bids@ccsd.edu

Questions must be received no later than:

11:00 AM on September 2, 2026 mailto:bids@ccsd.edu mailto:bids@ccsd.edu

If necessary, the District will issue written addenda to all known bidders. All addenda shall become part of the bid documents.

Bidders are responsible for ensuring receipt of all addenda issued.

CONTRACT TERM

The contract shall commence upon award by the Clarkstown Central School District Board of Education and shall remain in effect for one (1) year from the date of award.

All work required under the contract shall be completed within the contract term unless otherwise approved in writing by the District.

OFFICIAL BID DISTRIBUTION

The Clarkstown Central School District officially distributes bidding documents through the Empire State Purchasing Group at www.bidnetdirect.com.

Copies of bidding documents obtained from any other source may not be complete or accurate. Only vendors who obtain bidding documents through the Empire State Purchasing Group (BidNet Direct) are guaranteed to receive addenda and updates, if issued.

It is the responsibility of the bidder to ensure that they have obtained a complete and current set of bid documents, including all addenda. The District shall not be responsible for the completeness or accuracy of documents obtained from third-party sources.

www.bidnetdirect.com

1. INSTRUCTIONS TO BIDDERS

1.1 Bid Submission

Bids must be submitted on the forms provided by the District and in accordance with the requirements of this Request for Bids.

Bids must be enclosed in a sealed, opaque envelope and delivered to the location specified in this Request for Bids prior to the stated deadline.

The envelope must clearly indicate:

• Bid Number

• Bid Title

• Date and Time of Bid Opening

Bids received after the specified date and time will not be considered. Late bids may be returned at the bidder's expense or may be made available for pickup by the bidder upon request.

Electronic submissions are not permitted unless expressly authorized by the District through an official addendum. Faxed or emailed bids will not be accepted.

1.2 Responsibility of Bidder

The bidder is solely responsible for ensuring timely delivery of its bid to the District.

The District assumes no responsibility for delays caused by mail, delivery services, or any other means of transmission.

1.3 Form of Bid

All bid submissions must:

• Be complete and legible

• Be signed by an authorized representative of the bidder

• Include all required certifications, affidavits, pricing forms, and supporting documentation required by these bid specifications.

Incomplete, conditional, obscure, or improperly executed bids may be rejected.

1.4 Interpretation and Addenda

All questions regarding this bid must be submitted in writing to the District contact identified in Section 1.

No oral interpretations or clarifications shall be binding.

If necessary, the District will issue written addenda to all known bidders. All addenda shall become part of the bid documents.

Bidders are responsible for ensuring receipt of all addenda issued.

1.5 Bid Withdrawal

Bids may be withdrawn prior to the bid submission deadline.

After the bid opening, bids shall remain firm for a period of ninety (90) days.

1.6 Site Visit

A site visit is required prior to submission of a bid so that prospective bidders may inspect the existing swimming pool bulkhead, grating configuration, dimensions, attachment methods, access conditions, and other existing conditions affecting the work.

Bidders shall be responsible for verifying all field dimensions, quantities, existing conditions, installation requirements, and access necessary to complete the work.

Failure to properly inspect the site shall not relieve the successful bidder from responsibility for completing the work in accordance with the bid specifications and at the bid price.

Site Visit Location:

Felix Festa Middle School

30 Parrott Road

West Nyack, New York 10994

Date: August 27, 2026

Time: 12:30 PM

1.7 Compliance with Specifications

By submission of a bid, the bidder acknowledges that it:

• Has reviewed the bid documents;

• Understands the requirements;

• Has inspected the project site as required; and

• Agrees to furnish all labor, materials, equipment, supervision, transportation, tools, hardware, and incidentals necessary to complete the work in accordance with the specifications.

1.8 Pricing

All prices shall be:

• Net, excluding applicable taxes, as the District is tax exempt;

• Inclusive of all labor, materials, equipment, fabrication, freight, delivery, handling, unloading, installation, removal, disposal, supervision, and related costs necessary to complete the specified work; and

• Submitted in accordance with the Bid Pricing Form.

No additional charges shall be permitted for costs reasonably necessary to complete the work as specified.

1.9 Fuel and Transportation Costs

No fuel surcharges, delivery surcharges, escalation fees, administrative fees, or similar additional costs shall be permitted during the contract term.

1.10 “Or Equal” Submissions Where a specific manufacturer, product, material, or system is referenced, it is intended to establish a standard of quality, construction, performance, compatibility, and suitability for the intended application.

Alternate products must be identified in the bidder's submission and accompanied by manufacturer literature, specifications, technical data, and other supporting documentation sufficient for the District to evaluate equivalency.

The District shall be the sole judge of equivalency.

1.11 Additional Conditions

The bidder affirms that it has had no involvement in the drafting or development of these specifications.

The District shall not be responsible for any costs incurred by bidders in the preparation or submission of bids.

Bids that are incomplete, conditional, obscure, or otherwise not in compliance with the requirements of this Request for Bids may be rejected.

1.12 Award

Award shall be made to the lowest responsible bidder meeting specifications.

The District reserves the right to:

• Reject any or all bids;

• Waive informalities and minor irregularities;

• Determine the acceptability of proposed alternate products; and

• Award the Base Bid and/or Alternate(s), as provided in the Bid Pricing Form, in the best interest of the District.

2. SCOPE OF WORK

2.1 General Overview

The Clarkstown Central School District ("District") is seeking bids for the removal and replacement of swimming pool bulkhead grating at Felix Festa Middle School, 30 Parrott Road, West Nyack, New York 10994.

The successful bidder shall furnish all labor, materials, equipment, supervision, transportation, tools, hardware, and incidentals necessary to complete the work in accordance with these specifications.

2.2 Scope

The work shall include, but is not limited to:

• Removal of the existing grating from the swimming pool bulkhead as required for installation of the replacement grating.

• Furnishing and installation of new grating on the top and side surfaces of the existing bulkhead.

• Furnishing and installation of black polymer lane-target indicia on the bulkhead side grating at the required lane locations.

• Field verification of all dimensions and existing conditions prior to fabrication.

• Furnishing all fastening hardware, supports, clips, connectors, and related components required for a complete and secure installation.

• Removal and lawful disposal of existing grating and debris generated by the work.

• Protection of the swimming pool, bulkhead, pool deck, finishes, and adjacent District property during performance of the work.

• Final cleaning of the work area upon completion.

2.3 Existing Conditions

The successful bidder shall be responsible for verifying existing field conditions, dimensions, quantities, access requirements, attachment methods, and all other conditions necessary to complete the work.

Bidders shall base their pricing upon their inspection of the existing conditions during the required site visit.

No additional compensation shall be permitted for conditions that were observable or reasonably ascertainable during the required site visit.

2.4 Coordination

The successful bidder shall coordinate all work with District Facilities personnel.

Work shall be scheduled so as to minimize disruption to District operations and use of the swimming pool facility.

2.5 Complete Installation

The intent of these specifications is to obtain a complete and fully installed swimming pool bulkhead grating system.

Any labor, materials, equipment, hardware, fabrication, fitting, cutting, fastening, transportation, or incidental work reasonably necessary for proper completion of the project shall be included in the bid price whether or not each individual component is specifically identified in these specifications.

2.6 Warranty

The successful bidder shall warrant all labor and materials furnished under this contract against defects in material and workmanship for a minimum period of one (1) year from final acceptance by the District.

Any manufacturer warranty exceeding one (1) year shall be transferred to the District and shall remain in effect for its full term.

The successful bidder shall correct any covered defect at no additional cost to the District.

3. TECHNICAL SPECIFICATIONS

3.1 Bulkhead Grating

The successful bidder shall furnish and install white, molded polymer I-beam grating with an integral slip-resistant texture for installation on the top and side surfaces of the existing swimming pool bulkhead.

The grating shall be suitable for continuous use in an indoor swimming pool environment.

3.2 Lane Target

Grating installed on the bulkhead side surfaces shall receive interlocking black polymer indicia for application of lane targets.

Lane targets shall be provided at eight (8) lane locations, consistent with the existing bulkhead configuration.

3.3 Field Verification

The successful bidder shall field verify all dimensions, quantities, existing conditions, and attachment requirements prior to fabrication and installation.

The successful bidder shall be responsible for ensuring that all replacement grating and related components are properly sized and configured for the existing bulkhead.

3.4 Installation

The successful bidder shall furnish all labor, materials, tools, equipment, hardware, fasteners, supports, clips, connectors, and incidental components necessary for a complete and secure installation.

All materials and hardware used shall be suitable for the intended aquatic environment.

3.5 Removal and Disposal

The successful bidder shall remove the existing bulkhead grating as required to complete the work.

All removed grating, packaging, and debris generated by the work shall be removed from District property and lawfully disposed of by the successful bidder unless otherwise directed by the District.

3.6 Base Bid

The Base Bid shall include complete replacement of the grating on both the top and side surfaces of the swimming pool bulkhead, including black polymer lane targets as specified.

3.7 Alternate No. 1 – Top Grating Only

Provide and install white polymer grating on the top surfaces only of the swimming pool bulkhead.

3.8 Alternate No. 2 – Side Surface Grating Only

Provide and install white polymer grating on the side surfaces only of the swimming pool bulkhead, including black polymer lane targets as specified.

3.9 Approved Equal

Where a specific material, product, manufacturer, or system is identified in the bid documents, an approved equal may be proposed in accordance with Section 1.10.

Any proposed alternate shall meet or exceed the specified requirements for material, construction, slip resistance, durability, compatibility, and suitability for the intended aquatic environment.

4. INSURANCE AND INDEMNIFICATION

4.1 Indemnification

To the fullest extent permitted by law, the Contractor shall defend, indemnify, and hold harmless the District, its Board of Education, officers, employees, and agents from and against any and all claims, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or resulting from the performance of the contract, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, death, or damage to property caused in whole or in part by the negligent acts or omissions of the Contractor, its employees, agents, or subcontractors.

4.2 Insurance Requirements

The successful bidder shall procure and maintain, at its own expense, the following insurance coverage for the duration of the contract:

4.2.1 Commercial General Liability Insurance

Minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate

The Clarkstown Central School District shall be named as an additional insured Coverage shall be primary and non-contributory Coverage shall apply to all operations performed under the contract, including delivery, unloading, installation, removal, and related work at District locations.

4.2.2 Automobile Liability Insurance

• Minimum limit of $1,000,000 combined single limit

• Coverage shall include owned, hired, and non-owned vehicles

4.2.3 Workers’ Compensation and Disability Insurance

Coverage as required by New York State law

4.3 Proof of Insurance

Prior to commencement of any work under this contract, the successful bidder shall provide the District with certificates of insurance evidencing the required coverage.

The District reserves the right to request additional documentation or verification of coverage at any time during the term of the contract.

5. GENERAL TERMS AND CONDITIONS

5.1 Incorporation of General Conditions

The General Conditions included in this bid package are hereby incorporated into and made part of this Request for Bids and any resulting contract.

5.2 Conflict of Terms

In the event of a conflict between the General Conditions and any specific provision contained in this Request for Bids, the more specific provision shall govern.

Where provisions of the General Conditions differ from this Request for Bids, the provisions of this Request for Bids shall govern.

5.3 Entire Agreement

The bid documents, including but not limited to the Request for Bids, General Conditions, specifications, attachments, and any addenda issued, shall constitute the entire agreement between the District and the successful bidder.

5.4 Bidder Responsibility

By submission of a bid, the bidder acknowledges that it has reviewed and understands the requirements of this Request for Bids and agrees to comply with all applicable federal, state, and local laws and regulations.

6. GENERAL CONDITIONS

All invitations to bid issued by the above named School District will bind Bidders and Successful Bidders to the conditions and requirements set for in these general conditions and such conditions shall form an integral part of each purchase contract awarded by the School District.

DEFINITIONS

For purpose of these General Conditions, the following definitions shall apply:

“School District” or “District”

- Shall be the legal designation of the district who is contracting with the bidder for goods/services.

“Notice to bidders” - A formal statement which, when issued by the

School District, constitutes an invitation to bid on the work, materials, equipment and services described by the Specifications.

“Board” - The board of education of the school district who is contracting with the bidder for goods/services.

"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 his bid.

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

"Contract" or "Agreement"

- 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 Pricing forms 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 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” - A description of materials, supplies, and/or equipment 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 the Bid Pricing 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 required by the Bid such as, without limitation, that set forth in the Notice to Bidders, General Conditions, Specifications, Information to Bidders/Supplemental Conditions, and bid pricing forms, 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 supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the bid requirements.

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 shall be typewritten for legibility.

Illegible or vague bids may be rejected. All signatures must be written. Facsimile, printed, or typewritten signatures are not acceptable.

9. 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.

10. In all Specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or where a copyrighted brand name, trade name, catalog reference, or patented product is referenced. References to such specific products are intended as descriptive, not restrictive, unless otherwise stated. Comparable products will be considered if proof of compatibility is provided, including, without limitation, appropriate catalog excerpts, descriptive literature, detailed specifications, test data, etc. . The decision of the School District as to whether an alternate or substitution is in fact “equal” shall be final. If such documentation is not furnished, the bid will be construed as submitted on the identical item as specified in the bid specifications.

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

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

13. 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.

14. 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.

15. 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.

16. Prices shall be net, including transportation and delivery charges fully prepaid by the Successful Bidder to destination indicated by the bid or an authorized District representative. 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.

17. 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.

18. As set forth in the Bid Proposal Certification sheet, under penalty of perjury, the bidder must certify that:

a. The bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies, or equipment of the type described in the invitation for bids, and

b. The contents of the bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid.

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 bid Delivery Date. If deemed necessary in the sole discretion of the District, the District will answer the inquiry in writing in the form of an addenda to the bid solicitation which will be sent to all bidders solicited or of record. 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 shall be required to execute an agreement in relation to the performance of his contract, such agreement to be executed by the bidder within fifteen (15) days after notification to execute such contract. 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 performance bond shall be executed by the

Successful Bidder at the time of the execution of the contract by the Successful Bidder and the board.

21. No Changes shall be made in the forms by the Bidder. Bid prices and all information required shall be typewritten or written legibly in ink. All bids shall be hand signed, and the signer’s name shall also be typed or printed next to or under the signature, together with his/her title or designation. All requisite Bid Documents must be completed as well as all mathematical computations, including total amount of bid, if applicable. Failure to do so may result in the bid being disqualified. It is understood that upon award, all prices, bid terms and conditions as represented in this bid and all addenda thereto shall become part and parcel of the awarded contract.

SAMPLES

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

23. The School District reserves the right to request a representative sample of the item quoted upon either prior to the award or before shipments are 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.

24. 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 within ten (10) days of the request, or 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.

Samples shall be removed by the bidder at his expense.

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.

25. 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

26. Awards will be made to the lowest responsible bidder or, as applicable, and at the District’s discretion, on the basis of best value as in accordance with New York Law.

27. The District reserves the right to accept or reject in whole or part any or all bids that it considers not to be in the best interest of the District, to waive any informality as to non-material errors or omissions in the bid submissions, to accept parts of a bid from more than one bidder, or to reject any and all bids, re-advertise, or accept that bid, or combination of bids which, in its judgment, is in the best interest of the District. Also reserved is the right to reject bids and to purchase items on State, county, other Governmental Agency contracts or via such other means as authorized by law.

28. The School District reserves the right to make awards within ninety (90) days after the date of the bid opening during which period bids may not be withdrawn.

29. Where a bidder is requested to submit a bid on individual items and also on a total sum or sums, the right is reserved to award contracts on individual items, or on total sums, whichever is in the best interests of the School District.

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

CONTRACT

31. 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.

The District may require the execution of a form of agreement.

32. 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 provided the Board of Education has so approved.

33. 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 District reserves the right to authorize immediate purchase from other sources against rejections 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.

34. A contract may be canceled at the Successful Bidder’s expense upon nonperformance of the Contract and as may otherwise be set forth in the General Conditions, Specifications and Form of Agreement. Cancellation of the 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 commodities are rejected, they must be removed by the Contractor from the premises of the District within five (5) days of notification of rejection. Rejected items not removed by the Contractor within said five (5) days shall be regarded as abandoned by the Contractor and the School District shall have the right to dispose of the items as its own property. The Contractor shall promptly reimburse the School District for any and all costs and expenses incurred in effecting removal and disposition.

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.

38. Where the work performed under the Contract involves a trade or occupation required to be licensed by the Town of Clarkstown, or other appropriate jurisdiction, the Contractor shall be required to have such a license.

INSTALLATION OF EQUIPMENT

39. 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.

40. 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 on-site storage should be avoided to prevent possible damage or loss of the material.

41. 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.

42. 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 location required.

43. 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 as 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

44. 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.

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.

f. 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.

WAGES

To the extent this contract is for public work or building service as covered by Article 8 or 9, respectively, of the New York State Labor Law, neither the Successful Bidder’s employees nor employees of the Successful Bidder’s subcontractors may be required or permitted to work greater than the number of hours or days in those statutes except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the New York State Department of Labor. In addition, in accordance with Labor Law section 220, rates which are the minimum rates to be paid on the project have been established by the Department of Labor. The Successful Bidder and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements including premium rates for overtime, as determined by the Department of Labor and in accordance with New York State Labor Law. Any person or corporation that willfully fails to pay or provide the prevailing rate of wages or supplements, faces penalties in accordance with New York State Labor Law including but not limited to criminal penalties and fines. To the extent required by and in accordance with law, every contractor and sub-contractor shall submit to the School District, within thirty (30) days after issuance of its first payroll, and every thirty (30) days thereafter for months while work is being performed under this contract, a transfer of the original payroll record subscribed and affirmed as true under penalties of perjury. The School District shall be responsible for collecting, receiving, and reviewing certified payrolls. “Certified Payrolls” shall mean documents prepared and transmitted in accordance with labor laws covering workers on a public project.

Payments shall not be made to contractors unless and until such certified payrolls have been provided to the School District in accordance with New York State Labor Law. Failure to file payroll records in accordance with law may subject the contractor to criminal and/or civil penalties.

DELIVERY

45. Delivery must be made in accordance with the instructions to bidders and Specifications. If delivery instructions do not appear on the purchase order it will be interpreted to mean prompt delivery (not to exceed 30 days). The decision of the School District as to reasonable compliance with delivery terms shall be final. The burden of proof for delay in receipt of purchase order shall rest with the Successful Bidder.

46. The School District will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency, a replacement, or is overdue, in which event the convenience of the School District shall govern, and delivery shall be as per the directive of an authorized District representative.

47. 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 cases, bailing, or sacks.

48. The Successful Bidder shall be responsible for delivery of items in good condition at point of destination. 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.

49. 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.

50. 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.

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

The 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

52. The Successful Bidder shall establish and maintain complete and accurate records, documents and such other information (“Records”) as related to the performance of its duties in accordance with the contract and shall maintain these Records for a minimum of six (6) years after the conclusion of the year in which the contract is made, or longer as may otherwise be required by law. The District shall, upon reasonable request, be permitted to examine such Records as maintained in connection with the performance of the contract.

53. Payment for the used portion of an inferior delivery will be made by the School District on an adjusted price basis.

54. Payment will be made only after correct presentation of claim forms or invoices are obtained from the ordering School District as may be required.

55. 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.

MISCELLANEOUS

56. Independent Contractor

a. Notwithstanding anything contained herein, the Successful

Bidder is an independent contractor of the District, and the Contract shall not be construed to create any association, partnership, joint venture, employee or agency relationship between the Successful Bidder and the District for any purpose. The Successful Bidder has no authority (and shall not hold itself out as having authority) to bind the District and the Successful Bidder shall not make any agreements or representations on the District's behalf without the District's prior written consent.

b. Without limiting clause (a) above, the Successful Bidder, its employees and/or agents will not be eligible under the Contract to participate in any vacation, group medical or life insurance, disability, or retirement benefits or any other fringe benefits or benefit plans, including but not limited to unemployment and Workers’ Compensation, offered by the District to its employees, and the District will not be responsible for withholding or paying any income, payroll, Social Security or other federal, state or local taxes, making any insurance contributions, including unemployment or disability, or obtaining worker's compensation insurance on the Successful Bidder's, its employees' and/or agents' behalf.

The Successful Bidder shall be responsible for, and shall defend and indemnify the District against, all such taxes or contributions, including penalties and interest. Any persons employed or engaged by the Successful Bidder in connection with the performance of the Services shall be the Successful Bidder's employees and contractors and the Successful Bidder shall be fully responsible for them.

57. Provider of Services The District may accept or reject the services of any agent or employee of the Contractor and require another agent or employee of the Contractor to be assigned in his/her place.

58. Governing Law The Contract between the District and the Successful Bidder shall be governed in all respects by the laws of the State of New York without regard to conflict or choice of law principles.

Each party agrees to submit to the jurisdiction of the courts of the State of New York, County of Rockland, and, where applicable, the United States District Court for the Southern District of New York. As such, the Successful Bidder agrees that any action related to this Agreement shall be litigated in such courts and waives any defense it may have with regards to improper venue or forum non conveniens.

59. Force and Effect If for any reason a court of competent jurisdiction finds any provision of this bid and/or any agreement between the District and the Successful Bidder to be invalid or unenforceable, that provision of the bid or agreement will be enforced to the maximum extent permissible and the other provisions of the bid and/or agreement will remain in full force and effect.

60. Assignment The District and the Successful Bidder agree that no party may assign their rights, duties and/or obligations under the agreement without written consent of the other party..

61. Incidents Contractor shall immediately notify the School District of any problems, situations, accidents or incidents that occur during the provision of the Services. Contractor shall make available any incident reports and/or other documentation regarding incidents and make available any Personnel as may be necessary to serve as a witness in an administrative hearing, court action, or other proceeding.

62. Termination The District reserves the right to terminate the contract at any time and for any reason or no reason, in whole or in part, upon thirty (30) days written notice, and shall only remain obligated to pay the Contractor the pro-rata portion of the contract price for services that were provided. In the event of termination of the Agreement, Contractor shall cooperate with the District to wind down any activities hereunder and all reports or other materials due to the District from Contractor shall be promptly completed.

All portions of this Agreement which may reasonably be expected to survive the termination or expiration of this Agreement shall do so. In the event the Contractor fails to provide service in accordance with these Specifications and stated requirements, the Contractor shall be considered in breach of contract. In such event, the District shall have the right to terminate the contract immediately, enforce the Contractor’s performance bond as required by the District, and/or seek legal redress, as appropriate. If the Contractor fails to execute an agreement within ten (10) days of being awarded the bid OR breaches the contract, it will be responsible for the costs the District incurs in either finishing the work themselves, or procuring another company to complete the work, the cost of materials used in excess of the bid price, and any and all associated costs.

63. Conflicts of Interest The Successful Bidder represents that there are no conflicts of interest between the Successful Bidder and the District or that would otherwise limit Successful Bidder's participation in this Contract.

64. Workers' Compensation Benefits The contract shall be void and of no effect unless the Successful Bidder shall maintain Workers Compensation coverage during the life of the contract for the benefit of its employees, to the extent required by law.

65. Audits Successful Bidder agrees to cooperate with the State and its Agents and provide all information to them as may be required for the State and its Agents to fulfill their auditing or other legal responsibilities. This provision shall include but not be limited to records in which the State and/or its Agents require in order to determine either party's compliance with any Federal or State statutes or regulations applicable to this Agreement. In the event the Successful Bidder is required to furnish such information, it shall be furnished at such times as required by the State and/or its Agents.

66. Entire Agreement The contract between the Successful Bidder and District shall be considered the entire contract between the parties and shall not be modified, except in writing signed by both parties.

67. Non-Discrimination In compliance with Title IX, Education Amendments of 1972 (prohibiting sex discrimination in education), the District requires any person, organization, group or other entity with which it contracts, sub-contracts, or otherwise arranges to provide services or benefits (including proposals) to comply fully with Title IX.

TITLE IX STATES: NO PERSON SHALL, ON THE BASIS OF

SEX, BE EXCLUDED FROM PARTICIPATION IN, BE DENIED

THE BENEFITS OF, OR BE SUBJECTED TO

DISCRIMINATION UNDER ANY EDUCATION PROGRAM OR

ACTIVITY RECEIVING FEDERAL FINANCIAL ASSISTANCE.

Services provided under this Agreement shall be performed without regard to age, race/color, creed, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, domestic violence victim status, pregnancy-related condition, prior arrest or conviction record, or any other group protected under applicable federal, state or local law, and the parties shall take affirmative action to ensure such individuals are afforded equal opportunities without discrimination.

To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

68. Enforcement Neither parties' course of dealing nor the failure, omission, or delay of either party to enforce any right under this Contract shall be construed as a waiver or limitation of that party’s right to subsequently enforce every right under this Contract.

Furthermore, no partial or single exercise of any right under this Contract shall be construed as a waiver or limitation of that party's right to subsequently enforce every right under this Contract. In order for a waiver to be effective under this Contract, it shall be expressly stated in writing and signed by the party to be charged with such waiver. Unless it is expressly stated and signed by the party to be charged, no waiver under this Contract shall constitute a continuing waiver, a waiver with regards to any other or subsequent breach/ default of such provision, or a waiver of any other right hereunder.

69. Requisite Provisions Each and every provision of law and clause required by law to be inserted herein and the Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as…