Building Supplies SPEC RFB-2155-26 .pdf

Building Supplies RFB-2155-26 1

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

SECOND SUPERVISORY DISTRICT OF MONROE AND ORLEANS COUNTIES

3599 BIG RIDGE ROAD

SPENCERPORT NY 14559

COOPERATIVE BUILDING SUPPLIES SPECIFICATIONS

FOR DELIVERY 01/01/26 – 12/31/26

RFB-2155-26

Bids will be opened at 2:00 p.m. on November 6, 2025, at 3599 Big Ridge Road, Spencerport NY. Bid documents, including specifications, bid forms, and addendums can be obtained at www.bidnetdirect.com.

Questions related to bid documents should be directed in writing to Wendy Vergamini, Director of Procurement, at wvergami@monroe2boces.org. Questions must be received no later than five (5) business days prior to the bid opening date and time.

BID INSTRUCTIONS

1. Read all bid documents contained in this package.

2. Complete the following forms:

• Non-collusion Certification

• Iran Divestment Act Certification

• Bidder’s Customer References

• Bidder’s Company Information

• Bidder’s Contact List

• Catalog Discounts

• Price sheet which must be submitted on a flash drive AND a paper copy

• Signature page must be signed and returned with the bid

3. Provide a completed W-9.

4. Return the completed forms in a sealed envelope labeled with the bid title, bid number, bidder’s name, and bidder’s address to the following:

Wendy Vergamini, Director of Procurement Monroe 2-Orleans BOCES

3599 Big Ridge Road Spencerport NY 14559

5. Bids must be received prior to the bid opening date and time listed above.

6. Monroe 2-Orleans BOCES reserves the right to reject any bid not following the above Instructions or meeting the specifications and general conditions.

7. Awards will be posted at www.bidnetdirect.com when finalized.

http://www.bidnetdirect.com/ mailto:wvergami@monroe2boces.org http://www.bidnetdirect.com/

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BOARD OF COOPERATIVE EDUCATIONAL SERVICES

SECOND SUPERVISORY DISTRICT OF MONROE AND ORLEANS COUNTIES

3599 BIG RIDGE ROAD

SPENCERPORT NY 14559

LEGAL NOTICE TO BIDDERS

COOPERATIVE BUILDING SUPPLIES

The Board of Cooperative Educational Services of Monroe and Orleans Counties, in accordance with Section 103 of Article 5A of the General Municipal Law, hereby invites the submission of sealed bids for the above-mentioned requirements for the following participating school districts:

West Irondequoit CSD Monroe 1 BOCES Monroe 2-Orleans BOCES

Bids will be received at the Monroe 2-Orleans BOCES Educational Services Center, 3599 Big Ridge Road, Spencerport NY until 2:00 p.m. on November 6, 2025, at which time all bids will be publicly opened. The instructions to bidders, specifications, and bid documents can be obtained from the above office. No bidder may withdraw their bid within 60 days after actual date of opening.

Date: October 10, 2025 Director of Procurement

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NON-COLLUSION CERTIFICATION

FIRM NAME_____________________________________________________________________

BUSINESS ADDRESS____________________________________________________________

TELEPHONE NUMBER ___________________________

DATE OF BID __________________

I. General Bid Certification

The bidder certifies that to 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 compliance with Section 103-d of the General Municipal Law as follows:

1. 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 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.

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.

III. The bidder certifies that he is aware of, and will comply with, the provisions of the State Labor law applicable to independent contractors regarding conditions of employment, including payment of minimum wages, if this bid results in a labor and material type construction contract.

AUTHORIZED SIGNATURE _______________________________ TITLE_______________________________________________

PRINT NAME ________________________________

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IRAN DIVESTMENT ACT CERTIFICATION

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that it is not on the “Entities Determined To Be Non- Responsive Bidders/Offerers Pursuant to The New York State Iran Divestment Act of 2012” list (“Prohibited Entities List”) posted on the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on such Contract any subcontractor that is identified on the Prohibited Entities List. Additionally, Bidder/Contractor is advised that should it seek to renew or extend a Contract awarded in response to the solicitation, it must provide the same certification at the time the Contract is renewed or extended.

During the term of the Contract, should Monroe 2-Orleans BOCES receive information that a person (as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, Monroe 2-Orleans BOCES will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then Monroe 2-Orleans BOCES shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the Contractor in default.

Monroe 2-Orleans BOCES reserves the right to reject any bid, void any contract with the bidder, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

Signature

Title Date Company Name

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BIDDER’S CUSTOMER REFERENCES

Bidders are required to provide three customer references from NYS school districts, BOCES, or public bodies for whom bidder has supplied similar products and/or services.

Company Name

1. Customer Name ____________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

2. Customer Name ____________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

3. Customer Name ____________________________

Address ____________________________

Contact Person ____________________________

Phone # ____________________________

Email Address ____________________________

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BIDDER’S COMPANY INFORMATION FOR

Bidders are required to provide the following company information below:

Company Name ________________________ Phone Number ________________________

Address ________________________ Fax Number ________________________

Bid questions contact ________________________ Phone Number ________________________

Email Address ________________________

Billing Contact ________________________ Phone Number ________________________

Title ________________________ Email Address ________________________

VP Sales/Sales Manager _________________________ Phone Number ________________________

Title ________________________ Email Address ________________________

Standard Payment Terms ________________________ (standard = n30days)

Early Payment Terms ________________________ (list days and % discount)

If a unique reference number is required on the purchase orders as a result of this bid, please list it here________________________

Can your company accept payments using a bank issued credit card? ____________________

Bidders should indicate a store or distribution location where items can be picked up by bid participants.

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BIDDER’S CONTACT LIST

Bidders are required to provide customer sales representative contacts for each of the participating districts.

Company Name _________________________________________________________________________________

District

West Irondequoit Sales Representative Name

Sales Representative Phone

Sales Representative Email

Monroe #1 BOCES Sales Representative Name

Monroe #2 BOCES Sales Representative Name

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CATALOG DISCOUNTS FOR

Bidders are requested to offer catalog discounts on items not provided on the Price Sheet.

Discounts should be a percentage off the current manufacturers’ list prices and include all shipping and handling charges. No additional shipping will be allowed on awarded catalog discounts. A bidder’s catalog discount offer is awarded in addition to the bidder’s line-item award.

Copy this sheet as needed for additional category discounts.

BIDDER’S NAME:

CATEGORY BRAND DISCOUNT

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SPECIFICATIONS

This request for bid is for cooperative building supplies. The award will be recommended to the lowest responsive and responsible bidder.

PRICE SHEET INSTRUCTIONS

The bid is to be submitted on the price sheet. Bidders should complete the shaded areas on this form (for no bid items leave cells blank). Bidders should provide a completed price sheet in an excel format on a flash drive and a paper copy. NO BIDS MAY BE SUBMITTED VIA EMAIL OR FAX.

• All items bid are expected to be in stock and available for delivery. Items not stocked should be noted as a variance with the lead time listed. Items with unacceptable lead times may be rejected.

• Bids submitted may be rejected if bid forms are not completed as instructed. Monroe 2-Orleans BOCES has the right to follow up with the low bidder to request any necessary paperwork not provided in the bid.

• The bidder’s name must be written on every page of the bid documents.

• The bid pricing shall be per unit stated and include all transportation charges. No additional charge are allowed.

• For every item bid, the following must be provided:

o Item/Model# column is to reflect the manufacturer’s name and manufacturer item number, as well, as the bidder’s item number.

o The variance column is to illustrate any changes to the unit of measure and delivery requirements per the specifications. The vendor must use the variance column to convert to our specified unit of measure and illustrate this change in the variance column.

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 collusion and that all bids received from the submitting bidder shall be rejected. It shall also be understood that alternate items will be evaluated; however, only one line-item bid shall be entered. Any additional alternate line items bid will be rejected and not considered for bid award.

ESTIMATED QUANTITIES

Bid price sheets provide estimated quantities for all items bid. Details of the quantities by district can be found on the Distribution Spreadsheet. These estimates do not guarantee maximum or minimum quantities for the contract period. This is noted as an exception to the General Conditions. Each district will issue purchase orders for actual quantities needed. Bid participants will notify the awarded bidder if estimated quantities are significantly under or overestimated. All items awarded are available to be purchased by all participants. The participants reserve the right to purchase items from any other bids allowable under NYS General Municipal Law, including but not limited to New York State and Monroe County contracts should doing so result in savings.

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SPECIFICATIONS FOR

ORDERING

No minimum order shall be required. Purchase Orders will be issued by individual participants for actual quantities needed. Districts will advise requested delivery date(s). Upon receipt of a purchase order, bidder will acknowledge receipt and advise district of the approximate shipping date, including the anticipated date of backorders. No substitutions for out-of-stock items may be made without advance approval by the ordering district. Partial shipments may be requested at the discretion of the ordering district.

DELIVERIES

Deliveries will be made during regular school hours to the Delivery Locations listed in this bid package. Awarded vendors must be accessible and able to fulfill orders year-round. Included in every delivery shall be a packing list indicating Purchase Order number, name of item, item number, quantity and any other pertinent information necessary to identify the items shipped, and any item containing a chemical substance must be accompanied by a material safety data sheet. All delivery personnel shall be appropriately dressed and display visible identification when entering the buildings of any participating school district.

Safety Data Sheets (SDS) must accompany shipments of all products containing potentially harmful substances as required by the OSHA Hazard Communication regulation.

RETURNS

If the item 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 at no expense to the district. If items are not removed, arrangements will be made to have these items removed at the expense of the bidder.

INVOICES

Invoices issued must be specific to the participant that placed the order and must be accurate. Invoices are to include purchase order number, name of item, item number, quantity shipped, bid pricing per unit and extended cost, and all credits due. If any credits must reference the original invoice. Early payment discount option should be noted on invoices. Inaccurate invoices will not be considered for payment until corrected. Payment terms will be applicable from the date the accurate invoice is received. Payment of invoices is the responsibility of the participant that issued the purchase order.

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SPECIFICATIONS FOR

ADDITIONAL PARTICIPANTS

Monroe 2-Orleans BOCES wishes to make this contract available to additional participants not listed in these specifications as permitted under NYS General Municipal Law. Request for participation should be forwarded to Monroe 2-Orleans BOCES. Upon receipt of the consent of the awarded vendor(s), Monroe 2-Orleans BOCES will advise both the additional participant(s) and vendor(s).

EMERGENCY CLOSING

In the event of an emergency closing on the bid opening date, the bid opening shall take place on the next business day at the same location and at the same time as listed in these specifications.

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GENERAL CONDITIONS

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

BOARD OF COOPERATIVE EDUCATIONAL SERVICES

MONROE AND ORLEANS COUNTIES SECOND SUPERVISORY DISTRICT

3599 Big Ridge Road Spencerport, NY 14559

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, food, 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.

“BOCES” A municipal corporation.

"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 Monroe 2-Orleans BOCES 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 food purchase.

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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, food 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 processed 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.

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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 Monroe 2-Orleans BOCES, 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.

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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, food, 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.

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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 and the next lowest bidder will be awarded the bid.

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.

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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 on-site 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 respon-sibility 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) The 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 workers 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 re-quired 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

Building Supplies RFB-2155-26 18 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 com-modities 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

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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.

Building Supplies RFB-2155-26 20

SIGNATURE PAGE

PLEASE COMPLETE THE FOLLOWING INFORMATION AND SIGN:

By signing below, the bidder agrees to abide by and agree to all the terms and conditions of the submitted bid RFB-2155-26 and agrees that the bidder can deliver the (goods/items) as specified herein in this bid:

Name of vendor _______________________________________________________________________

Address ____________________________________ City/State/Zip_____________________________

Date of quote _________________________________

Telephone # __________________ E-Mail _______________________________________________

Name of individual responsible for the bid __________________________________________________

Title _______________________________________________________________________________

Signature ____________________________________________________________________________

SAMPLES