MUSICAL INSTRUMENT PURCHASE

Transcription

1 MT DIABLO UNIFIED SCHOOL DISTRICT PURCHASING/WAREHOUSE DEPARTMENT 2326 Bisso Lane Concord, CA BID NO MUSICAL INSTRUMENT PURCHASE DATE DUE: NOVEMBER 3, :00 A.M.

2 Mt. Diablo Unified School District NOTICE FOR BIDS Bid No For Musical Instrument Purchase Notice is hereby given that sealed bids will be received at the Purchasing Department, until 11:00 a.m., November 3, 2015, the bid Submittal Deadline, local time, at which time they will be publicly opened and read for furnishing and delivering: Musical Instrument Purchase In accordance with the Mt. Diablo Unified School District plans, specifications and contract documents. Bids shall be delivered and addressed to the Mt. Diablo Unified School District, Purchasing Department, 2326 Bisso Lane, Concord, CA, 94520, and shall be labeled Musical Instrument Purchase, Bid No Any Bidder who wishes his/her bid to be considered is responsible for making certain that his bid is received in the Purchasing Department by the proper time. No oral, telegraphic, electronic, facsimile, or telephonic bids or modifications will be considered unless specified. Bids received after the scheduled Bid Submittal Deadline will be returned unopened. Bids must bear original signatures and figures. Bid Documents and Specifications. Free bid documents may be reviewed and/or downloaded from the Mt. Diablo Unified School District Website at: then go to Departments, Purchasing/Warehouse, and Non-Construction Bids. The IP address is as follows: If you have questions regarding this bid, please contact Marcia Ryer, Lead Buyer at (925) , ext. 3745, Bid Security Bond. Each bid shall be accompanied by a certified check, cashier s check, or Security Bond duly completed on the form provided herewith by a guaranty company authorized to carry on business in the State of CA, in an amount equal to at least ten percent (10%) of the sum of the total amount bid, including any options. Said bond is payable without condition to the Mt. Diablo Unified School District as a guaranty that the Bidder, if awarded the contract, will promptly execute the contract in accordance with in a manner and form required by these contract documents, will furnish the required performance bond, payment bond, and evidences of insurances, and enter into, execute, and deliver to the Mt. Diablo Unified School District the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Mt. Diablo Unified School District that the award has been made and the agreement is ready for execution. The Bid Security shall be forfeited to the Mt. Diablo Unified School District as liquidated damages if Bidder fails or neglect to furnish, execute, and deliver to contract in accordance with the specifications. Published: Contra Costa Times October 9 and 16, 2015 Mt. Diablo Unified School District Page 1

3 INSTRUCTIONS TO BIDDER ACCESSIBILITY. The Contractor shall fully inform himself regarding any peculiarities and limitations of the spaces available for the performance of work under this contract. He shall exercise due and particular caution to determine that all parts of his work are made quickly and easily accessible. ADDENDA ACKNOWLEDGMENT. Each bid shall include specific acknowledgment in the space provided of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. AUTHORIZED SIGNATURES. Every bid must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the Mt. Diablo Unified School District, any agent submitting a bid on behalf of a Bidder shall provide a current power of attorney certifying the agent s authority to bind the Bidder. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the Mt. Diablo Unified School District, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the bid to execute contracts on behalf of the corporation. AWARD OF BID Bid award will be made to the lowest responsible and responsive bidder. The low bidder will be determined by the lowest responsible bid for the Total Base Bid that complies with all the requirements prescribed in the bid/contract documents. Additionally, the Mt. Diablo Unified School District reserves the right to reject any or all bids. It is the District s intention to establish a contract with one vendor. The awarded vendor shall be the District s sole point of contact for all purposes including orders, service calls, training, invoicing, and all responsibilities as a result of this contract. Award(s) shall be made as indicated in the pricing pages herein to the low responsive and responsible bidder meeting invitation for bid terms, conditions and specifications. Finally, the total will be summed for a final total for the entire bid. If bidder has offered any payment discount, the District will subtract those payment discount terms (over 10 days only) to arrive at each bidder s net offer. Award preference may be given, at the District s sole discretion, to the bidder(s) who offers the District the most comprehensive bid and/or product selection which is determined by the District to be in its best interest. Mt. Diablo Unified School District Page 2

4 BID FORMS. Bid must be submitted on preprinted Bid Forms included in this invitation to bid supplied by the Purchasing Office. All bid forms should be completed without alterations or erasures Bid Negotiations. A bid response to any specific item of this bid with terms such as negotiable, will negotiate, or similar, will be considered non-responsive to that specific item. BID OPENING AND BID RESULTS. Bids are opened publicly in the Purchasing Office. Interested parties are invited to attend the bid opening. A tabulation of bids received will be available within a reasonable time after the bid opening. Bid results will be faxed or mailed to interested parties upon request. BID SUBMITTAL DEADLINE. The Bid Submittal Deadline is (Bid Submittal Deadline). Bid must be submitted in sealed envelopes and should be properly identified with the bid number and Bid Submittal Deadline. Bids must arrive in the Purchasing Department, 2326 Bisso Lane, Concord, CA, 94520, by November 3, 2015, 11:00 a.m., PST. Telephone, telegraphic, facsimile, electronic, and late bids will not be accepted or considered. It is the Bidders' responsibility to see that their bids have sufficient time to be received by the Purchasing Department before the Bid Submittal Deadline. BID WITHDRAWAL. Bidders authorized representatives may withdraw bids only by written request received by the Chief Financial Officer before the Bid Submittal Deadline. After that time, Bidders may not withdraw their bids for a period of ninety - (90) days from the Bid Submittal Deadline. At no time may the successful Bidder(s) withdraw his bid. F.O.B. POINT & SHIPPING CHARGES. Bidders must quote F.O.B. destination, to the delivery location designated by ordering school and/or department for all on-line transactions against this agreement. Pricing or discounts should be stated in the units specified herein and bidders should quote each item separately. The District will not pay shipping and handling charges, nor shall the District pay for any fuel surcharges that are not indicated herein. Additionally, all prices offered by bidders, must include on site off loading and inside delivery. INFORMED BIDDERS. Before submitting bids, Bidders must fully inform themselves of the conditions, requirements and specifications of the work or materials to be furnished. Failure to do so will be at Bidders own risk and they cannot secure relief on the plea of error. LATE BIDS. Bids not received by the Bid Submittal Deadline are late. Late bids will be returned to Bidders unopened. LISTING OF MATERIALS REQUIRED OF BIDDER/ACCEPTABLE BRANDS. Products offered shall be furnished exactly as specified. In an effort to maintain consistency and compatibility with existing District products the brands and/or model numbers specified are the only brands and/or models that are acceptable. Other brands offered, for these items, will be rejected as non-responsive to bid specifications. Bidders are welcomed to offer alternate brands, other than those specified, only where the designation of or equal is referenced. Bids for alternate products will not be accepted unless the reference of or equal is designated. Any products offered as or equal will be subject to District evaluation and Mt. Diablo Unified School District Page 3

5 approval. The evaluation/approval decision of the District, as to the acceptability of a product, shall be final. Any bidder offering an or equal brand shall furnish specification sheets, product information and other pertinent literature with their bid. Such literature must be labeled with bidder s name, address, company representative, telephone number, District Bid Number and item number. Specification sheets, product information, and other pertinent literature not submitted with the bid offer may result in rejection of the bid. Bidders are solely responsible to guarantee that an offer of or equal meets or exceeds all specifications for that line item. In the event the or equal item is determined by the District to not be equal and not meet the needs of the District, the bidder shall provide the item specified on the quotation sheet at the price quoted for the unacceptable product. The determination of product equality shall be the sole determination of the District. Discrepancies with Model Numbers In the event a bidder finds a discrepancy with a model number for an item, and the model number for that same item is no longer the model number associated by the manufacturer with that item, and is referenced by a new number, a bidder may indicate such by inserting new number in the Brand/Model space on the Quotation Sheet. Note: by inserting new number in the Brand/Model space on the Quotation Sheet, a bidder understands that his offer is for the exact same item for which there is not change to the specifications and that consideration shall be given only to cases only where this applies. Most Favored Nations Price Guarantee. Notwithstanding any other pricing agreed to between the District and the successful contractor, it is hereby agreed that the District is a preferred customer, and therefore, the prices offered herein shall be the best pricing offered by the contractor to any other customer for like product any quantity. Furthermore, should the District, within 30 calendar days after delivery, find a lower price offered for the same product for like quantity, the Contractor shall, upon presentation of authentic proof of such lower price, immediately refund the difference to the ordering school or department, with a copy of such refund sent to the District s Purchasing & Warehouse Department. OFFERS OF MORE THAN ONE PRICE. Bidders are not allowed to submit more than one bid. PAYMENT TERMS. Any discounts, which the bidder desires to provide the District, must be stated clearly on the bid form itself so that the District can calculate properly the net cost of the bid proposal. Offers of discounts or additional services not delineated on the bid form will not be considered by the District in the determination of the lowest responsible bidder. Payment shall be made within thirty (30) days following receipt of invoice and upon satisfactory receipt of product and performance of services. MDUSD shall notify the Contractor of any adjustments required to invoice. Miscellaneous items such as drawings, photos, materials, shipping, and printing will be paid at the Contractor's actual cost. Under no circumstances shall the District be liable for any late fee charges. Contractor shall submit invoices to: Mt. Diablo Unified School District Fiscal Services Department 1936 Carlotta Drive Concord, CA Mt. Diablo Unified School District Page 4

6 QUESTIONS, INTERPRETATION, OR CORRECTION OF QUOTE DOCUMENTS. Bidders shall notify the Purchasing Department promptly of any error, omission, or inconsistency that may be discovered during examination of the solicitation. Requests for interpretation, correction, or clarification shall be made in writing to the Purchasing Department. Questions regarding this solicitation must be submitted in writing only, either by mail, or facsimile, to Marcia Ryer, Lead Buyer, Purchasing Department, Mt. Diablo unified School District, at 2326 Bisso Lane, Concord, CA or or Fax , and shall arrive by October 23, 2015, 4:00 p.m. Any questions received after the deadline will not be addressed. Bidder s company name, , address, phone and fax number, and contact person must be included with the questions or comments. Oral questions may be presented at any pre-bid conference held for this solicitation. Clarification, corrections, or changes to specifications. All clarifications, corrections, or changes, to the solicitation documents will be made by Addendum only. Bidders shall not rely upon interpretations, corrections, or changes made in any other manner, whether by telephone, or in person. Interpretations, corrections, and changes shall not be binding unless made by Addendum. All Addenda issued shall become part of the Agreement documents. Addendum will be sent to all known solicitation holders by facsimile, , or US mail. It is the Bidders sole responsibility to ascertain that it has received all Addenda issued for this solicitation. All Addenda must be acknowledged on Bid Form and returned on or before the Submittal Deadline, unless otherwise directed by an Addendum. SAMPLES If bidding an item other than as specified, offered as an or equal, within four (4) working days of request by the District, the bidder shall submit description of item, at no charge to the District, one sample of each item offered as or equal and requested for evaluation. Request shall be telephonic, electronic or by facsimile. TERMS OF THE OFFER. Mt. Diablo Unified School District s acceptance of Bidder s offer shall be limited to the terms herein unless expressly agreed in writing by the Mt. Diablo Unified School District. Bids offering terms other than those shown herein will be declared non-responsive and will not be considered. TERMS AND CONDITIONS ATTORNEY FEES. In the event a suit or action is instituted in connection with any controversy arising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney s fees and costs. AUTHORIZED DISTRIBUTOR. Successful Bidder must be an authorized distributor for the product that they offer, or with their bid they must submit documentation from an authorized distributor that they have purchased the specified product/equipment from that distributor and that the distributor will honor all of the manufacturer s warranties. BIDDER AGREEMENT TO TERMS AND CONDITIONS. Submission of a signed bid will be interpreted to mean Bidder has agreed to all the terms and conditions set forth in the pages of this solicitation. BRAND NAMES. Manufacturers names, trade names, brand names, model and catalog numbers used in these specifications are for the purpose of describing and establishing general quality levels. Such Mt. Diablo Unified School District Page 5

7 references are not intended to be restrictive. Bids will be considered for alternative brands that meet or exceed the quality of the specifications listed, where indicated or equal. COMPLIANCE WITH OSHA. Bidder agrees that all item(s) offered comply with all applicable Federal and the State Occupational Safety and Health Act, laws, standards and regulations, and that Bidder will indemnify and hold the Mt. Diablo Unified School District harmless for any failure to so conform. CANCELLATION OF CONTRACT. The Mt. Diablo Unified School District may cancel this contract WITHOUT CAUSE at any time by giving thirty - (30) days written notice to the supplier/contractor. The Mt. Diablo Unified School District may cancel this contract WITH CAUSE at any time by giving ten - (10) days written notice to the supplier/contractor. Cancellation for cause shall be at the discretion of the Mt. Diablo Unified School District and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The successful Bidder may not cancel this contract without prior written consent of the Chief Financial Officer. COMPLIANCE OR DEVIATION TO SPECIFICATIONS. Bidder hereby agrees that the material, equipment or services offered will meet all the requirements of the specifications in this solicitation. All materials, supplies, and equipment furnished will be subject to inspection and approval of the Purchasing Unit. The District reserves the right to reject, at the risk and expense of the Contractor, any portion of any bid which may be defective or fail to comply with specifications. Any such rejection shall not invalidate the remainder of the award. The District reserves the right to waive minor variations in specifications and evaluate bid offerings and makes awards considering the equipment being offered and its ability to perform the task for which it is being procured. Bids varying from District specifications in any major detail are not solicited and may be disqualified. The District s opinion shall be final. COMPLIANCE WITH LAWS. All bids shall comply with current federal, state, local and other laws relative thereto. CONTAINER COSTS AND DELIVERY. All costs for containers shall be borne by the bidder. All products shall conform to the provisions set forth in the federal, county, state and city laws for their production, handling, processing and labeling. Packages shall be constructed to ensure safe transportation to point of delivery. CONTRACT CHANGES For any change which affects the period of performance, payments, or any term condition included in this contract, a negotiated amendment to this contract shall be prepared and executed by the District s Purchasing Department or designee and Contractor s originally executing authorized officials, or designees. DAMAGE TO DISTRICT PROPERTY Any damage caused by the Contractor to District property shall be repaired to its original condition at the Contractor s expense. DELIVERY INSTRUCTIONS All items ordered shall be delivered to the MDUSD District Offices, Wing C, Attn: Laura Juranek, 1936 Carlotta Drive Concord, CA Mt. Diablo Unified School District Page 6

8 DELIVERY COMPLETION Orders will be complete at the time of delivery. All items must be shipped exactly as ordered. The Contractor must apply continual diligence, monitoring and resources to ensure items on orders are delivered on the required delivery date and in compliance with contract terms, conditions, instructions, pricing and specifications. FORCE MAJEURE. If execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the Mt. Diablo Unified School District, in writing, within twenty-four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes and unusually severe weather. FORMATION OF CONTRACT. Bidder s signed bid and Mt. Diablo Unified School District s written acceptance shall constitute a binding contract. INDEMNIFICATION: (a) CONTRACTOR agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release DISTRICT, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities or expenses including attorney's fees and witness costs that may be asserted by any person or entity, arising out of or in connection with the tortuous acts or errors or omissions of CONTRACTOR hereunder, whether or not there is concurrent passive or active negligence on the part of DISTRICT, but excluding liability due to the sole negligence or willful misconduct of DISTRICT. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under workers' compensation acts, disability benefit acts, or other employee benefit acts. (b) CONTRACTOR shall be liable to DISTRICT for any loss or damage to DISTRICT property arising from or in connection with CONTRACTOR'S performance hereunder. INDEPENDENT CONTRACTOR This Contract is by and between District and vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between District and vendor. The employees and agents of one party are not the employees or agents of the other party for any purpose whatsoever. The employees and agents of each party, shall, while on the premises of the other party, comply with all rules and regulations of the premises, including, but not limited to, security and requirements. LAWS GOVERNING CONTRACT. This contract shall be in accordance with the laws of the State of California. The parties stipulate that this contract was entered into in the county of Contra Costa, in State of California. The parties further stipulate that the county of Contra Costa, CA, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from. OFF CONTRACT PURCHASE The District reserves the right to purchase product covered by this Agreement from alternate sources, should during the term of this Contract/Agreement the District obtains more favorable pricing from those alternate sources. Mt. Diablo Unified School District Page 7

9 ORDER DISCREPANCIES: Upon notification by the District, the Contractor shall correct/resolve any shipping discrepancy no later than forty-eight (48) hours from the time of delivery to the ordering location, at no additional cost to the District. ORDER RESTRICTIONS: Orders placed must be delivered by the Contractor in the units of issuance as specified on the pricing pages herein. There shall be no restrictions, by the Contractor, as to minimum or maximum quantities placed. OWNERSHIP OF RECORDS All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and other materials produced by the Contractor under this contract shall be the sole and exclusive property of District. No such materials produced, either in whole or in part, under this Contact shall be subject to private use, copyright or patent right by Contractor in the United States or any other country without the express written consent of District. PERFORMANCE NOTIFICATION In the event Contractor is unable to perform any or its entire obligation under this contract or contractor is able to foresee a potential issue (i.e., system failure) that will impact the quality or quantity of the scope of work, services or level of performance under the contract, the Contractor shall notify the District within one (1) working day in writing or by telephone of such event. MANUFACTURER PART NUMBER CHANGES Written documentation from manufacturer shall be submitted to the District s Agent when any changes in manufacturer and/or part number occur. Contract item must remain the same. The decision of the District shall be final. MATERIAL PRICED INCORRECTLY As a condition of any award resulting from this Invitation for Bids, Contractor(s) shall discount all transactions as agreed. In the event the District discovers through its contract monitoring process or formal auditing process, that material was priced incorrectly, Contractor(s) agrees to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance. NOMENCLATURES. The terms Successful Bidder, supplier, vendor, and contractor may be used interchangeably in this solicitation and shall refer exclusively to the person, company, or corporation with whom the Mt. Diablo Unified School District enters into a contract as a result of this solicitation. PRIMARY CONTRACTOR RESPONSIBILITY The successful Contractor(s) shall be the primary Contractor(s) and will be wholly responsible for the installation, implementation, management and performance of the desk top ordering and delivery system, compliance with the Districts requirements, training and support of the system after system installation. The primary Contractor(s) shall assume full responsibility for adherence to all bid terms, conditions, instructions and specifications. QUANTITIES. The quantities shown are approximate. The District reserves the right to increase or decrease quantities as required. The District does not guarantee orders in these quantities nor shall the District be required to limit its orders to these quantities. This is an indefinite quantity bid for which there shall be no limit to the number of orders placed, in any quantity, by the District or any participating public agency for the term of the contract, at the prices resulting form award of a contract. Mt. Diablo Unified School District Page 8

10 REJECTION OF BIDS. The Mt. Diablo Unified School District reserves the right to reject any bids, all bids, or any part of a bid. The Mt. Diablo Unified School District reserves the right to reject the bid of any Bidder who previously failed to perform adequately for the Mt. Diablo Unified School District or any other governmental agency. The Mt. Diablo Unified School District expressly reserves the right to reject the bid of any Bidder who is in default on the payment of taxes, licenses, or other monies due the Mt. Diablo Unified School District. RETURN OF ITEMS Items ordered by the District, which are subsequently determined, by District customer, not to be acceptable or wanted, shall be picked up by the Contractor and full credit shall be issued to the ordering location. After proper notification to the Contractor, by the District ordering location/customer, Contractor shall have five (5) business days to pick up and fully credit said return items. The ordering sites reserves the right to refuse all items in excess of the quantities ordered unopened at the time of delivery. Excess quantities delivered to the ordering location shall be picked up by the Contractor within five (5) business days after notification by the District ordering location. SAFETY. All articles delivered under this contract must conform to the Safety Orders of the State of California, Division of Industrial Safety. SELL OR ASSIGN. The successful Bidder shall not have the right to sell, assign, or transfer, any rights or duties under this contract without the specific written consent of the Mt. Diablo Unified School District. SEVERABILITY. If any provisions, or portions of any provisions, of this contract are held invalid, illegal, or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable. TAXES, FEDERAL EXCISE. The Mt. Diablo Unified School District is exempt from Federal Excise Tax. TAXES, SALES. The district will compute the State sales taxes. State of California Sales Tax will be collected by the vendor. WAIVER OF INFORMALITIES. The Mt. Diablo Unified School District reserves the right to waive informalities or technicalities in bids. WARRANTY, MANUFACTURER. Manufacturer shall fully warrant all materials and equipment furnished under the terms of this contract, against poor and inferior quality, for a period of not less than one (1) year from the date of final acceptance by the Mt. Diablo Unified School District. Time is of the essence of this contract. While under warranty, manufacturer shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of Mt. Diablo Unified School District operations. A copy or description of the manufacturer s warranty shall accompany each bid for the item(s) proposed, detailing the scope and length of the warranty. Where the successful Bidder is also the manufacturer of the materials or equipment provided under this contract, the Manufacturer's Warranty requirement will supersede the Successful Bidder Warranty requirement of this solicitation. Mt. Diablo Unified School District Page 9

11 WARRANTY, SUCCESSFUL BIDDER. Successful Bidder shall fully warrant all materials and equipment furnished under the terms of this contract, against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the Mt. Diablo Unified School District. Time is of the essence of this contract. While under warranty, successful Bidder shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of Mt. Diablo Unified School District operations. Mt. Diablo Unified School District Page 10

12 DOCUMENTS TO BE SUBMITTED WITH BID FORM BID FORM SECURITY BOND (BID BOND) OR 10% CASHIERS CHECK OR CERTIFIED CHECK NON-COLLUSION AFFIDAVIT BIDDERS GUARANTY WORKERS COMPENSATION INSURANCE CERTIFICATE BIDDER S STATEMENT REGARDING INSURANCE COVERAGE Mt. Diablo Unified School District Page 11

13 BID FORM Musical Instrument Purchase Bid No To: Mt. Diablo Unified School District Purchasing/Warehouse Department 2326 Bisso Lane Concord, CA, From: Name of Bidder Mailing Address City, State & Zip Responding to Invitation to Bid No due by 11:00 a.m., NOVEMBER 3, 2015, the Bid Submittal Deadline, the undersigned Bidder agrees to furnish and deliver Musical Instrument Purchase per the specifications. I/We have stated hereon the price(s) at which we will furnish and deliver the specified item(s) and will accept as full payment therefore the amount shown below. Bidder further agrees to the terms and conditions specified herein the following terms and conditions that are a part of this bid and any resulting contract: F.O.B. Point. All shipments shall be made F.O.B. destination, Concord, CA. F.O.B. destination indicates that the seller is responsible for shipment until it is tendered to the Mt. Diablo Unified School District. The District will not pay for shipping and handling, nor shall the District pay for any fuel surcharges that are not indicated herein. Award. Bid award will be based on the lowest responsible bid price including any transportation charges, as well as any other criteria indicated in these specifications. The District reserves the right to make this bid award at any time up to one hundred eighty (180) days from the date of the bid opening. Signatures. All information submitted by Bidder, including signatures, must be original. Copies will not be accepted. Taxes. Bidders should not show CA Sales Tax on their bids. The Mt. Diablo Unified School District will calculate the CA Sales Tax at (9.00)% and pay it to Successful Bidder(s) who are State of California suppliers or out-of-state suppliers who are registered with the State of California and who have the appropriate State of California Seller s Permit. The Mt. Diablo Unified School District will pay the State Sales Tax directly to the State of California when the Successful Bidder(s) is not registered with the state to collect it. The Mt. Diablo Unified School District is exempt from Federal Excise Tax. Mt. Diablo Unified School District Page 12

14 Term of Offer. It is understood and agreed that this bid may not be withdrawn for a period of ninety (90) days from the Bid Submittal Deadline, and at no time in case of successful Bidder. Bidder's Acknowledgement of His/Her Understanding of the Terms and Conditions. Signature below verifies that Bidder has read, understands, and agrees to the conditions contained herein and on all of the attachments and agenda. Bidder hereby acknowledges receipt of Addenda Number(s),,, and. Representations Made Under Penalty Of Perjury. The representations herein are made under penalty of perjury. We hereby offer to sell the Mt. Diablo Unified School District the above item(s) at the prices shown and under the terms and conditions herein, attached, or incorporated by referenced. Bidder Name (Person, Firm, Corp.) Address City, State, Zip Code Telephone Number Signature of Authorized Representative Printed Name of Authorized Representative Title of Authorized Representative Address Facsimile Number Mt. Diablo Unified School District Page 13

15 Quantity Description Unit Price Total 50 Selmer CL 301Clarinet $ $ 50 King 601 Trumpet $ $ 16 King 606 Trombone $ $ 65 Scherl & Roth Violin R101E 15 ¾ size $ $ 40 ½ size $ $ 10 ¼ size $ $ 25 Scherl & Roth Cello R121E 15 ¾ size $ $ 10 ½ size $ $ SUB TOTAL $ 9.00% SALES TAX $ TOTAL BASE BID $ Mt. Diablo Unified School District Page 14

16 Non-Collusion Affidavit To Be Completed, Notarized, and Submitted With Bid State of CA ) Contra Costa County Bidder's Name, being first duly sworn, deposes and says that he or she is Owner of Contractor Name the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." (Date) Bidder Name (Person, Firm, Corp.) Address City, State, Zip (Signed at (Place) Authorized Representative Representative's Name Representative's Title Mt. Diablo Unified School District Page 15

17 Project: Musical Instrument Purchase Bid No: 1727 Amount of Contract: $ SAMPLE CONTRACT THIS CONTRACT, made this (day of month) day of (month), (year), by and between the Mt. Diablo Unified School District, hereinafter referred to as "Mt. Diablo Unified School District" and (Name of Contractor), hereinafter referred to as "Contractor", WITNESSETH: A. WHEREAS, Mt. Diablo Unified School District has caused specifications, drawings and other contract documents, hereinafter referred to as "Specifications", to be prepared for certain work on the referenced project; and B. WHEREAS, said Specifications include: Part A - Legal and Procedural Documents Part B Invitation For Bids Part C Detailed Specifications or Scope of Work Part D Instructions To Bidder Part E Terms and Conditions Part L N on-collusion Affidavit Part M Bid Security Bond Part N Bidder's Guaranty Part O Bidder's Statement Regarding Insurance Coverage Part P Worker's Compensation Insurance Certificate C. WHEREAS, Contractor has offered to perform the proposed work in accordance with the terms of said Specifications as set forth by submission of the Contractor's Proposal; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained in said Specifications and Contractor's Proposal, which are made a part hereof as though fully set forth, Contractor hereby agrees to complete the work at the prices and on the terms and conditions therein contained, and Mt. Diablo Unified School District hereby employs the Contractor and agrees to pay the Contractor the contract prices therein provided for the fulfillment of the work and the performance of the covenants therein set forth. IN WITNESS WHEREOF, this contract has been executed on the day and year first above written. Mt. Diablo Unified School District, Contractor (Signature) Contractor's Signature Printed Name & Title Printed Name & Title Mt. Diablo Unified School District Page 16

18 KNOW ALL PERSONS BY THESE PRESENTS: SECURITY BOND To Be Completed and Submitted With Bid THAT hereinafter called Principal, and (Contractor) hereinafter called Surety, are (Surety) jointly and severally held and firmly bound unto the Mt. Diablo Unified School District, Concord, CA, hereinafter called Mt. Diablo Unified School District, in the penal sum of ten percent (10%) of the aggregate of the bid of Principal for the work, this sum not to exceed ($ ) dollars lawful money of the United States, for the payment whereof unto Mt. Diablo Unified School District, Principal and Surety jointly and severally bind themselves forever firmly by these presents. WHEREAS, Principal is herewith submitting a bid to: supply Office Supplies/Classroom Supplies NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within that time specified in the bid enters into, executes and delivers to Mt. Diablo Unified School District a contract in the form provided herewith, and if Principal within the time specified in the bid gives to Mt. Diablo Unified School District the performance bond and the payment bond on the forms provided herewith, and evidence of required liability and worker's compensation insurance, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute, and deliver to Mt. Diablo Unified School District said performance and payment bonds, and evidence of required liability and worker's compensation insurance in the time stated in the bid, then Principal and Surety shall forfeit to Mt. Diablo Unified School District the penal sum hereof. AND IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge Principal shall operate as a discharge or a release of liability of Surety. IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of Principal, Surety and Mt. Diablo Unified School District and their respective heirs, executors, administrators, successors and assigns. SIGNED AND SEALED THIS day of, 20 Name of Principal Signature of Principal's Authorized Representative Name and Title of Signer (Seal and signature of Notary Public), (Attach notary acknowledgment of Surety) Mt. Diablo Unified School District Page 17

19 BIDDER'S GUARANTY To Be Submitted With Bid The successful bidder shall execute this guaranty upon execution of the contract. If they so choose, Bidders may execute this guaranty at the time of submitting their bid. To the Mt. Diablo Unified School District Project: Bid 1727 Musical Instrument Purchase The undersigned guarantees the production, construction, and installation of the following work included in this project in accordance with: Bid No Musical Instrument Purchase. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the contract documents, due to any of the above causes, all within twelve (12) months after date on which this contract is accepted by the Mt. Diablo Unified School District, hereinafter called Mt. Diablo Unified School District, the undersigned agrees to reimburse the Mt. Diablo Unified School District, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project. Said reimbursement shall include the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the Mt. Diablo Unified School District, to replace any such materials and to repair said work completely without cost to the Mt. Diablo Unified School District so that said work will function successfully as originally contemplated. The Mt. Diablo Unified School District shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Mt. Diablo Unified School District elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Mt. Diablo Unified School District. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Mt. Diablo Unified School District shall be entitled to all costs and expenses, including attorney s fees, reasonably incurred due to the said failure or refusal. Name of Bidder/Contractor (Person, Firm, or Corporation) Signature of Bidder/Contractor's Authorized Representative Name & Title of Authorized Representative Date of Signing Mt. Diablo Unified School District Page 18

20 WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Name of Bidder (Person, Firm, or Corporation) Signature of Bidder's Authorized Representative Name & Title of Authorized Representative Date of Signing ATTEST: By Signature Printed Name & Title Mt. Diablo Unified School District Page 19

21 BIDDER S STATEMENT REGARDING INSURANCE COVERAGE To be Submitted with Bid BIDDER HEREBY CERTIFIES that the Bidder has reviewed and understands the insurance coverage requirements specified in the Notice to Bidders for Bid No Musical Instrument Purchase Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agrees to name the Mt. Diablo Unified School District, Vanir/3DI, the Architect(s), the Project Manager(s) and the State Construction Manager(s), as Additional Insured for the work specified on the Additional Insured Endorsement Form. The Additional Insured Endorsement Form must accompany the Certificate of Insurance. Such names for the Additional Insured Endorsement Form are as follows: Form CG2010, Form A, Form B, or an additional blanket form. Name of Bidder (Person, Firm, or Corporation) Signature of Bidder s Authorized Representative Name & Title of Authorized Signature Date of Signing Mt. Diablo Unified School District Page 20