RFB 2024-25.42 Telephone Maintenance.pdf

CLARKSTOWN CENTRAL SCHOOL DISTRICT

62 OLD MIDDLETOWN ROAD

NEW CITY, NY 10956

TEL. NO. (845) 639-6426

FAX NO. (845) 639-6611

bids@ccsd.edu

INVITATION TO BID # RFB 2024-25.42

TELEPHONE MAINTENANCE

BIDS TO BE OPENED:

Time: 11:00 AM

Day: TUESDAY

Date: JANUARY 7, 2025

Place: CLARKSTOWN CENTRAL SCHOOL DISTRICT

PURCHASING DEPARTMENT

62 OLD MIDDLETOWN ROAD

NEW CITY, NY 10956

BID # RFB 2024-25.42: TELEPHONE MAINTENANCE

SUBMIT BID TO:

Clarkstown Central School District

Attn: Sabrina Alvarado, Purchasing Department 62 Old Middletown Road

New City, NY 10956

In accordance with the provision of Section 103 of the General Municipal Law, an advertisement for bids was published. As stated in such notice, all bids must be delivered to the Purchasing Department no later than 11:00 AM on JANAURY 7, 2025, and such bids will be publicly opened and read on JANUARY 7, 2025 AT 11:00 AM at the Administrative Building, 62 Old Middletown Road, New City, NY 10956.

BID # RFB 2024-25.42: TELEPHONE MAINTENANCE must be clearly marked on sealed envelopes.

Signed Bid Certification must be enclosed with response.

Since New York State Law requires original signatures on the Non- Collusive Bidding Certification and Signature Form. We CANNOT accept bids facsimile.

BID SPECIFICATIONS

SECTION I: INSTRUCTIONS TO BIDDERS

1. Bids must be: (1) Submitted to the Board of Education, Clarkstown Central School District, on the bid form furnished by the District; (2) Prepared in accordance with the Specifications in the bid solicitation; (3) Enclosed in a sealed plain or opaque envelope bearing (a) name and address of the bidder, (b) name of the project or contract bid, bid number and time and date of opening and (4) Delivered no later than 11:00 a.m.

on JANUARY 7, 2025 (“Delivery Deadline”) to the Attention of: Sabrina Alvarado, Purchasing Department, 62 Old Middletown Road, New City, NY 10956.

2. The date and time of bid opening shall be JANUARY 7, 2025. In the event that the School District’s Purchasing Office is closed the day of the Bid Opening, the bid(s) will be opened the next business day that the School District’s Purchasing Office is open at the same time.

3. Paper bids bids must be CLEARLY LABELED: BID #RFB 2024-25.42 – TELEPHONE MAINTENANCE - DO NOT OPEN - BID OPENING JANUARY 7, 2025, and must be in the format described herein.

4. The timely submission of a bid or offer in compliance with instructions provided for such submission in the advertisement for bids or offers and/or the specifications shall be the responsibility solely of each bidder or offeror or prospective bidder or offeror. The bidder assumes the risk of any delay in the mail or 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.

5. The Board of Education of the Clarkstown Central School District, in accordance with Section 103 of the General Municipal Law, hereby invites the submission of sealed bids for TELEPHONE MAINTENANCE, as set forth more fully herein.

SECTION II: PREPARATION OF BIDS

1. All bids must be submitted on and in accordance with forms provided by the Board to the School District’s Purchasing Office. All information required by Specifications and Bid Offer, in connection with each item against which a bid is submitted, must be given to constitute a regular bid.

2. The bid documents shall consist of the Invitation to Bid, Bid Specifications, General Conditions, Statement of Bidder’s Qualifications, Reference Sheet, Non-Collusive Bidding Certification, Affidavit of Compliance, Certificate and Signature, Certification of Compliance with Iranian Divestment Act of 2012, Bidder’s Statement of Sexual Harassment in Accordance with New York State Finance Law Section 139-1, and Bid Pricing Form(collectively “Bid Documents”). All Bid Documents must be completed and signed by an authorized representative of the firm submitting the bid. The bid Specification book must be kept intact.

3. Prices and information required, except signature of Bidder, should be typewritten for legibility. Illegible or vague bids may be rejected. Paper bid signatures shall be in ink and in longhand.

4. Each bid proposal shall include all Bid Documents, duly completed and executed by the bidder. In addition, each bidder must:

• provide employee certifications, as required by the Specifications

• provide documentation evidencing the Bidder's experience as required by the Specifications

5. 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 unless the Bidder distinctly states in his bid that acceptance thereof must be made within a shorter period of time. In no event may a bidder withdraw their bid less than forty-five (45) days prior to the date of bid opening. No amendments or requests for withdrawal will be considered after the final date/time of submission, and no oral amendments will be considered at any time. All prices and information required must be legible. Illegible, incomplete, conditional, vague or unclear bids may be rejected. To be considered for award, a bid must comply in all material respects with all terms, conditions and provisions as listed herein.

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 and/or equipment required and a representation that the Bidder can furnish the supplies, materials and/or equipment satisfactorily in complete compliance with the Specifications.

The failure or omission of any bidder to receive or examine any or all of those documents shall in no way relieve the bidder from performing any obligation required of him thereby.

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. No oral interpretation of the Specifications, contract terms, these conditions and requirements or other contract document will be made to any Bidder, or if made, will not be binding on the District.

9. Written requests for such interpretation shall be mailed to the attention of: Sabrina Alvarado, Purchasing Department, 62 Old Middletown Road, New City, NY 10956 or sent via e-mail to: bids@ccsd.edu. Mailed or e-mailed requests for such interpretation must be received no later than Friday, December 27, 2024. 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 be sent by e-mail or by fax and shall become a part of the contract documents. All bidders are responsible for ensuring that they have received all addenda issued. Failure of any bidder to receive any such addendum or interpretation shall not relieve any bidder from any obligations under their proposal submitted.

10. The Successful Bidder shall have had no involvement whatsoever in the drafting of these specifications.

11. No bid will be considered unless submitted in the standard form hereinafter prescribed for that purpose, and must be enclosed in a sealed envelope. For paper bids, one original copy will be required and must bear on the outside the name and address of the bidder. The bid must be submitted without change in phraseology, erasure, omission, addition, or condition. There is no expressed or implied obligation for the District to reimburse responding bidders for any expense incurred in preparing bids, or responding to this bid in any way, including but not limited to, any site visitation. Bids submitted after the stated time and date will not be considered and will be returned unopened.

12. Bids which are incomplete, conditional, or obscure, or otherwise not in compliance, may be rejected as not meeting the Bid Specifications.

13. Sales to School Districts are not affected by any fair trade agreements (General Business law, Ch 39, Sec.

369-a, Sub. 3, L 194.).

mailto:bids@ccsd.edu

14. 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.

Exemption certificates, if required, will be furnished on forms provided by the Bidder.

15. In all Specifications, the words “or equal” are understood after each article giving Manufacturer’s name or catalog reference or any patented article. The decision of the School District as to whether an alternate or substitution is in fact “equal” shall be final. 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 for the proposed item. Otherwise, the bid will be construed as submitted on the identical item as specified.

16. Bids for equipment must be on standard new equipment, the latest model and currently in production, unless otherwise specified.

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

18. When bids are requested on a lump sum basis, the 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, the bid for the group may be rejected.

19. All prices quoted must be “per unit” as specified; e.g., do not quote “per case” when “per dozen” is requested;

otherwise, the bid may be rejected.

20. The bidder must insert the price per unit and the extensions against each item in the 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.

21. Prices shall be net including transportation and delivery charges fully prepaid by the Successful Bidder to the destination indicated in the proposal. If an 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.

22. Where manufacturers’ names and catalog references are used in the bid solicitation, they are intended only to designate type, size, materials and quality. It is not the intent to limit competition. Quotes on “alternative but equal” items are invited, but must be designated as an alternate or substitute. Bids on alternate items will be considered only when an analysis of the specifications and/or sample clearly indicates that it is the “equal” of the specified item. If you indicate any change in the item or items specified, you must submit a complete description including, without limitation, the manufacturer’s name, model number, warranty terms, and complete product specifications of the item offered. Failure to include complete information for substitute products such as, without limitation, indicating a catalog number next to an item without substituting adequate details, will be considered an unauthorized change in specifications and not acceptable for consideration as an alternate or equal.

23. All items supplied must carry a manufacturer’s standard warranty against any defects in design, workmanship, and suitability for use, commencing upon date of delivery by bidder. Irrespective of the duration of the manufacturer’s standard warranty, the successful bidder must guarantee the merchandise for a period of at least one year from the date of delivery (“guarantee period”). 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 period (or greater, if pursuant to the manufacturer’s warranty) as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the District.

24. Where Unit Prices are called for and there is a discrepancy between the unit price and the extension, the unit price will govern, except where such an extension reflects a volume purchase discount. All prices are to be F.O.B. Destination. Including, but not limited to, Clarkstown Central School District, New York. All prices and information required must be legible and printed on the Bid Pricing Forms.

25. Bidders must supply copies of Department of Environmental Conservation Certificates of New York State Environmental Protection Agency Registration status for all E.P.A. registered products at the time of bidding.

These Certificates must be included with your bid for each product that is E.P.A. registered.

SECTION III: AWARD

1. Awards will be made to the lowest responsible Bidder, as will best promote the public interest, taking into consideration the reliability of the Bidder, the quality of the materials, the equipment or supplies to be furnished, their conformity with the Specifications, and the purposes for which they are required and the terms of delivery.

2. Only the adoption of a Board of Education resolution at a duly authorized Board meeting will obligate the District to the terms and conditions contained in the Bid documents.

3. Any contract resulting from the award of this bid shall be for a one (1) year term from the date of award.

4. The School District reserves the right to allow all municipal, not-for-profit and political subdivisions authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS General Municipal Law. However, it is understood that the extension of such contracts are at the discretion of the vendor and the vendor is only bound to any contract between the School District and the vendor.

Additionally, the School District reserves the right to purchase any goods or services included as a part of this bid from any means legally available to it at any time.

5. The School District guarantees no minimum or maximum purchases or contracts as a result of award of this bid. Where a bidder is requested to submit a bid on individual items as well as total sum, the School District reserves the right to award the bid on an individual item basis or as a total bid award. The District reserves the right to order only those items for which a genuine need exists and for which funds are available.

6. The Board of Education 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. All Bid Documents, together with the District’s corresponding purchase order, Successful Bidder’s response, and Notification of Award shall constitute the “Contract” between the District and the Successful Bidder. The acceptance of a Successful Bidder’s bid response by the District’s Board of Education constitutes the formation of the Contract, which is binding upon the Successful Bidder. Nevertheless, the District guarantees no minimum or maximum purchase as the result of the Award.

7. The District reserves the right to reject bids and to purchase items on a State contract if such items can be obtained on the same terms, conditions, Specifications and at a lower price. The School District reserves the right to purchase items or services included in this bid on State, County or other Governmental Agency contracts if such items can be obtained on the same terms, conditions, specifications and at a lower price if applicable when available.

8. If the Successful Bidder fails to deliver within the time specified, or within a reasonable time as interpreted by the School District, or fails to take 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(s) rejected or not delivered. The School 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 incurred as a result of 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.

9. The Contractor shall perform all Services set forth in herein in conformance with any Federal, State or local law, rule, order or determination, as well as any guidance issued by the Center for Disease Control and Prevention or any New York State or local agency, which shall include but not be limited to the cleaning and disinfecting of surfaces, the use of face masks or coverings, the use of proper personal protection equipment, screening, testing, vaccinations, reporting, tracing and social distancing protocols. The Contractor’s compliance with this Paragraph shall not result in any additional cost to the District.

10. In performing the Services set forth herein, the Contractor shall be responsible for, at no additional cost to the District, providing its own personal protective equipment and any other equipment and/or materials reasonably deemed necessary to prevent the spread of COVID-19 or otherwise address a public health emergency.

11. Any goods and services shall be provided in conformance with any applicable Federal, State, or local laws, rules, regulations, Executive Orders, and/or District policies/regulations.

12. A bidder may be disqualified from receiving awards if such bidder or anyone in his employ has, in the sole judgment of the District, previously failed to perform satisfactorily in connection with public bidding or contracts. 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.

SECTION IV: SCOPE OF SERVICES

1. CONTRACT TERM

Any contract resulting from the award of this bid shall be for a one (1) year term from the date of award.

The School District reserves the right to renew any part of this contract for up to three (3) annual periods if mutually agreed upon by the parties and approved by the Board.

2. SCOPE

A. The School District is requesting professional maintenance and support services for the District’s Nortel PBX and related systems as described above. Service to include all necessary parts and labor associated with repairs.

B. A technician is expected to be needed on site 20 days per year. Specific days will be arranged by CCSD.

1. Technician must be knowledgeable with both BCM and Nortel Option IIC.

2. The on-site technician must be current with the level of PBX applications used in the School

District.

C. Provide your company’s Nortel Classification. All bidders responding must have a Nortel Premium or Elite

Advantage Partner classification.

D. Identify the dedicated Account Team for the School District.

E. System Monitoring and Remote Diagnostics: vendor must have 24x7 Network Operation Center (NOC) that is managed by vendor’s employees. Notification to a pager and/or an off- site answering service is not acceptable.

F. The School District requires a thirty (30) minute remote access and notification with two (2) hour on-site response for any system emergency. If this is not standard and there is an associated cost, please include it with response.

G. Provide trouble ticket procedures and tracking to resolution.

H. Describe repair and return procedures. Repairs and returns are to be handled by on-site technician.

I. In addition to the maintenance costs, provide the following rates with response:

J. Labor rates for moves, adds and changes.

K. Cost of Help Desk, Monday – Friday, 9:00 AM – 5:00 PM L. Labor rates for additional hours and overtime for the on-site technician over and above the scope of the contract.

District Location System Type

System Release

Digital Analog T1 Channels

Copper Trunks

Fiber Trunks

V/M OTM ITG Total Ports

Chestnut Grove 11C 3.0 118 19 48 9 32 1 32 259 South High School 11C 3.0 81 2 48 8 32 0 32 203 North High School 11C 3.0 108 5 0 8 0 0 32 153 Felix Festa 11C 3.0 113 1 0 5 0 0 32 151

Bardonia BCM 200 4.0 11 0 0 3 0 0 8 22 West Nyack BCM 200 4.0 14 0 0 4 0 0 8 26

Birchwood BCM 400 4.0 17 0 0 4 0 0 8 29 Congers BCM 200 4.0 13 0 0 4 0 0 8 25 Lakewood BCM 400 4.0 14 0 0 4 0 0 8 26 Strawtown BCM 200 4.0 10 0 0 4 0 0 8 22 Laurel Plains BCM 200 4.0 15 0 0 3 0 0 8 26 Link BCM 400 4.0 14 0 0 4 0 0 8 26 Woodglen BCM 400 4.0 14 0 0 4 0 0 8 26 Little Tor BCM 200 4.0 12 0 0 3 0 0 8 23

District Location System Type System Release Ports Hours

Chestnut Grove 201 lPE 2.01.27 32 350 South High School 201 lPEI 2.01.27 32 350 Chestnut Grove OTM

District Location Set Count

Set Count

Set Count

Set Count

Set Count

7316 7100 3904 3903 3901

Chestnut Grove 25 85 8 118

North High School 13 38 57 108

South High School 8 37 36 81

Bardonia 8 3 11

Birchwood 7 10 17

Congers 4 9 13

Felix Festa A 13 42 58 113 This is a total for the Felix Festa B 0 System it includes Felix Festa C 0 transportation Felix Festa D 0 not broken down by wing Felix Festa E 0 By wing Lakewood 8 6 14

Laurel Plains 7 9 16

Link 6 11 17

Woodglen 7 7 14

Little Tor 6 6 12

New City 13 5 18

Strawtown 5 5 10

West Nyack 7 7 14

The addresses for the School District’s locations are available at www.ccsd.edu http://www.ccsd.edu/

3. GENERAL REQUIREMENTS

A. The occupied portion of any school building shall always comply with the minimum requirements necessary to maintain a certificate of occupancy.

B. All school areas to be disturbed during renovation or demolition will be tested for lead and asbestos.

C. General safety and security standards for construction projects

1. All construction materials shall be stored in a safe and secure manner

2. Fences around construction supplies or debris shall be maintained.

3. Gates shall always be locked unless a worker is in attendance to prevent unauthorized entry.

4. During exterior renovation work, overhead protection shall be provided for any sidewalks or areas immediately beneath the work site or such areas shall be fenced off and provided with warning signs to prevent entry.

5. Workers shall be required to wear photo identification badges at all times for identification and security purposes while working at occupied sites.

D. Separation of Construction Areas from Occupied Spaces: Construction areas that are under the control of the Successful Bidder and; therefore, not occupied by School District staff or students shall be separated from occupied areas. Provisions shall be made to prevent the passage of dust and contaminants into occupied parts of the building. Periodic inspection and repair of the contamination barriers must be made to prevent exposure to dust or contaminants. Gypsum board must be used in exit ways or other areas that require fire rated separation. Heavy duty plastic sheeting may be used only for a vapor, fine dust or air infiltration barrier, and shall not be used to separate occupied spaces from construction areas.

1. A specific stairwell and/or elevator should be assigned for construction worker use during work hours. In general, workers may not use corridors, stairs or elevators designated for students or school staff.

2. Large amounts of debris must be removed by using enclosed chutes or a similar sealed system. There shall be no movement of debris through halls of occupied areas of the building. No material shall be dropped or thrown outside the walls of a building.

3. All occupied are of a building affected by renovation activity shall be cleaned at the close of each workday. School buildings occupied during a construction project shall maintain required health, safety and educational capabilities at all times when classes are in session.

E. Construction and maintenance operations shall not produce noise in excess of 60dB in occupied spaces or must be scheduled for times when the building or when affected areas of the building are not occupied and/or acoustical abatement measures shall be taken

F. The Successful Bidder shall be responsible for the control of chemical fumes, gases and other contaminants produced by welding, gasoline or diesel engines, roofing, paving, painting, etc. to ensure that they do not enter occupied portions of the building or air intakes.

G. The Successful Bidder shall be responsible to ensure that activities and materials which result in off-gassing of volatile organic compounds, such as glues pants, furniture, carpeting, wall covering, drapery, etc., are scheduled, cured or ventilated in accordance with manufacturers’ recommendations before a space can be occupied.

H. Large and small asbestos abatement projects as defined by 12NYCRR56 shall not be performed while the building is occupied. Note: It is our interpretation that the term “building” as referenced in this section means a wing or major section of a building that can be completely isolated from the rest of the building with sealed non-combustible construction. The isolated portion of the building must contain exits that do not pass through the occupied portion of the building and ventilation systems must be physically separated and sealed at the isolation barrier.

1. Exterior work, such as roofing, flashing, siding or soffit work, may be performed on occupied buildings provided proper variances are in place, as required and complete isolation of ventilation systems and at windows is provided. Care must be taken to schedule work so that classes are not disrupted by noise or visual distraction.

I. A project that contains materials identified to be disturbed which test positive for lead shall have provisions for the abatement of such. The design package must address the availability of lead testing data for the building and include a statement that the abatement shall be in accordance with HUD guidelines and EPA and OSHA regulations.

J. It will be the responsibility of the Successful Bidder to report, to the authorized Clarkstown Central School District Representative, any damages found prior to commencing any work at the site.

K. This contract is for a Public Work project and Prevailing Wage Rates apply. The Successful Bidder is required to comply with all regulations pertaining to Public Work projects. Certified payrolls shall be provided to the contracting agency as required by the NYS Dept of Labor, and no payments will be made to Successful Bidder prior to receipt and review of certified payrolls.

4. WORK HOURS

A. School buses arrive 7:00 A.M. and school ends 4:00 P.M. Work to be performed inside school buildings must be coordinated with Facilities so it will not interfere with the students.

B. Work on the exterior of school buildings may be performed during the school day provided it does not exceed the limits set forth in requirement 2.5 above.

5. CLEAN UP

A. The Successful Bidder shall keep the premises and adjacent areas free from accumulations of waste material or rubbish at all times. At the completion of the work, the Successful Bidder shall remove, from and about the premises, including adjacent areas, all rubbish, tools and surplus materials used in the performance of work and shall leave the area “broom clean” and ready for use. In case of a dispute, the School District may remove rubbish and clean up and then may charge the Successful Bidder either by deducting unpaid amounts or by other means as determined to be fair and equitable by the authorized School District representative.

6. SUCCESSFUL BIDDER QUALIFICATIONS

A. Provide a minimum of six references for similar work performed within the last five years. The Certificate of Experience must be completed and included with the bid response.

B. All workers shall be required to wear photo identification badges at all times while at the site.

7. MATERIAL

A. Material shall be provided in accordance with the specifications. If using material other than specified, a complete list of the material must be include in the bid response.

8. AMENDMENTS TO BID

A. Any verbal information obtained from or statements made by any representative of the School District at the time of examination of the documents or site shall not be construed in any way to as amending the bid documents. Only such corrections or addenda that are issued by the Purchasing Agent in writing to all bidders shall become part of any resulting bid award.

SECTION V: INDEMNIFICATION AND INSURANCE

1. Indemnification

To the fullest extent permitted by law, the Contractor agrees to defend, indemnify and hold harmless the District, its Board of Education, the Board’s and/or the District’s agents, officers, trustees, attorneys, employees, staff, and volunteers, all in their individual and corporate capacities, for all claims, demands, actions, lawsuits, judgments, settlements, costs, damages, and expense, including but not limited to attorney’s fees, arising out of or resulting from any act, omission, error, recklessness or negligence of the Contractor, its officers, directors, agents, or employees, in connection with the performance of this Agreement. For the avoidance of doubt, the foregoing includes, but is not limited to, damage to property and/or bodily injury and/or death. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph.

2. Insurance

Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor hereby agrees to effectuate the naming of the District as an additional insured on the contractor's insurance policies, with the exception of workers' compensation and N.Y. State disability insurance.

The policy naming the District as an additional insured shall:

a. Be an insurance policy from an A.M. Best rated "secured" or better insurer, authorized to conduct business in New York State. A New York licensed insurer is preferred. The decision to accept specific insurers lies exclusively with the District.

b. State that the organization's coverage shall be primary and non-contributory coverage for the District, its Board, employees and volunteers.

c. Additional insured status shall be provided by standard or other endorsements that extend coverage to the District for both on-going and completed operations. The decision to accept an endorsement rests solely with the District. A completed copy of the endorsements must be attached to the certificate of insurance.

The certificate of insurance must describe the specific services provided by the contractor (e.g., roofing, carpentry, plumbing) that are covered by the liability policies.

a. At the District's request, the contractor shall provide a copy of the declaration page of the liability and umbrella policies with a list of endorsements and forms. If so requested, the contractor will provide a copy of the policy endorsements and forms.

b. A fully completed New York Construction Certificate of Liability Insurance Addendum (ACORD 855 2014/05) must be included with the certificates of insurance.

The contractor agrees to indemnify the District for any applicable deductibles and self-insured retentions.

Required Insurance:

a. Commercial General Liability Insurance

$1,000,000 per occurrence/ $2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per-project basis.

b. Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.

c. Workers' Compensation, Employers Liability and NYS Disability Insurance Statutory Workers' Compensation, Employers' Liability Insurance and NYS Disability Insurance for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable.

d. Excess Insurance: $1,000,000 each Occurrence and Aggregate. Excess coverage shall be on a follow-form basis.

e. Owners Contractors Protective Insurance $1,000,000 per occurrence/$2,000,000 aggregate, with the District as the named insured.

f. Builders Risk Insurance or Installation Floater Coverage shall be on a direct risk of loss basis in the amount of $___________. The District shall be an additional insured, as their interest may apply.

Contractor acknowledges that failure to obtain such insurance on behalf of the District constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the District. The contractor is to provide the District with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities.

Sub-contractors are subject to the same terms and conditions as stated above and submit same to District for approval prior to start of any work. In the event the Contractor fails to obtain the required certificates of insurance from the subcontractor and a claim is made or suffered, the Contractor shall indemnify, defend and hold harmless the District, its Board of Education, the Board's and/or the District’s agents, officers, trustees, attorneys, employees, staff, and volunteers from any and all claims for which the required insurance would have provided coverage.

In the event of the failure of the Contractor to perform within the time stated, the Contractor shall be liable for and agrees to pay the District, on demand, the difference between the price or prices proposed and the price or prices for which such services shall subsequently be obtained.

The District is a member/owner of the NY Schools Insurance Reciprocal (NYSIR).

The Contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the District but also NYSIR, as the District's insurer.

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 requirement set forth 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 materials, supplies, and equipment 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…