Instructions for Bidders
Any bid totaling $50,000 or more shall be accompanied by a certified check or acceptable bidder's bond payable to Independent School District #273, in an amount equal to 5% of the total bid. Bid security, which must accompany each bid, is required as guarantee that the bidder will enter into a contract with Independent School District #273 for the materials described in the proposal and furnish bond specified.
Contract Security (Performance Bond)
A performance bond will only be required on contracts totaling $50,000 or more.
New Materials Required
Only new, unused, and first quality materials or equipment shall be supplied under this bid. All materials and equipment must be in conformity with the specification and will be subject to inspection and approval after delivery, and must comply in quality and type of material and method of manufacturer with all applicable local or state laws pertaining thereto. The right is reserved to reject and return at the risk and expense of the vendor such portion of any shipment which may be defective or fail to comply with specifications, and without invalidating the remainder of the order.
Packing and Delivery
Bidders shall, in all cases, furnish information regarding delivery of articles on which bid is entered. Whenever possible, this information shall be supported by letters from the manufacturer of the article giving specific information regarding delivery. All shipments must be F.O.B. Independent School District #273, Edina, Minnesota. Purchase order number must be clearly stated on carton or package. Delivery must be made at any time after a contract has been awarded. Delivery deadlines are specified on the "Form of Proposal". See article 11, "Payments" and article 14, "Time of Completion".
"Or Equal" Clause
Certain processes, types of equipment or kinds of material are described in the specifications and on the drawings by means of trade names and catalog numbers. In each instance where this occurs, it is understood and inferred that such description is followed by the words "or equal". Such method of description is not intended to exclude any other type of equipment or supply which will completely accomplish the purpose of the specifications and which the owner approves upon written request will be acceptable to the owner.
If any contractor or bidder desired to furnish an item different from that specifically mentioned in the specifications, he/she shall submit with his/her proposal the information, data, formula, pictures, cuts, designs, etc. of the material he/she desires to furnish so as to enable the owner to compare the material specified; and such materials will be given consideration. The owner reserves the right to insist upon and receive the items as specified, if he does not approve submitted items.
Sealed proposals must be enclosed in an envelope bearing the inscription "Bid Proposal for" ______________________________", as well as, the name and address of the bidder, and shall be submitted on the Proposal Form and directed to Independent School District #273, 5701 Normandale Road, Edina, Minnesota 55424, and will be opened in the Administration Office on the date stated in specifications. The manufacturer's name, catalog number, and complete specifications must be given and this information must be attached to the proposal. All prices and quotations must be in ink or typewritten, and must remain firm for sixty (60) days from date of bid. If bidding an escalation clause, provisions shall also provide for a de-escalation clause, and may provide for a negotiated price increase or decrease in vendor costs. No pencil figures or erasures are permitted. Mistakes maybe crossed out and corrections inserted adjacent thereto, and must be initialed in ink by persons signing Quotation or Proposal. Bidder shall insert the net price per stated unit and the extension against each item which he proposes to deliver. The price must include delivery charges and installation when necessary.
No direct charge is to be made for federal, state, or municipal sales and excise taxes, for which District #273 is exempt. The bid price shall be net and shall not include the amount of any such tax. Exemption certifications, if required, will be furnished on forms provided by the bidder. Taxes on installation costs must be included in bid price.
The vendor shall hold the school district, its officers, agents, and employees harmless from liability of any nature of kind whatsoever, on account of use by the publisher or author, manufacturer, or agent, or any copyrighted or uncopyrighted composition, secret process, article, or appliance furnished or used under this quotation.
Bidder or contractor shall guarantee all workmanship and materials entering into the equipment or supply he/she is furnishing for a period of at least one (1) year after the final acceptance of the material and if, during the guarantee period, any defects or faulty materials are found, he/she shall immediately, upon notification by the owner, proceed at his/her own expense, to replace or repair same, together with any damage to all finishes, fixtures, equipment, and furnishings that may be damaged as a result of this defective equipment or workmanship.
The Board of Education, in determining the lowest responsible bidder on each of the items, will consider, in addition to the bid prices, the quality, suitability, and adaptability of the item to be purchased for the use for which it is intended. The Board of Education also reserves the right to reject or accept any or all bids. The successful bidder shall agree to furnish a performance bond to the school district, in the amount of 100 percent (100%) of the total price as security for the faithful performance of the contract. (See article 2).
No payments will be made on the materials purchased under these specifications until the date that the materials are delivered. On or after that date, invoices for materials that have been delivered will be paid in full on the second and fourth Tuesday of the month following receipt of the invoice (providing the invoice is received in a timely manner). These payment terms are part of the specifications. It is understood that the contractor agrees to these terms and conditions. No interest, carrying charge, or other penalty will be paid to the contractor because of these terms and conditions.
Contractor may provide a discount to encourage more rapid payment of indicating his terms in the space provided on the Form of Proposal.
Owner's Right to Withhold Certain Amounts and Make Applications Thereof
The owner may withhold in addition to the retained percentages from payment to the contractor such as amount, or amounts, as may be necessary to cover:
Payments that may be earned or due for just claims for labor or materials furnished in and about the work for defective work not remedied
Failure of the contractor to make proper payments to his/her subcontractors
Reasonable doubt that the contract can be completed for the balance then unpaid. Evidence of damage to another contractor
Submission of Certain Data
Each bidder may submit with his/her bid and, in any event, the owner may require any bidder to submit such data regarding his experience, financial conditions, liability insurance, and the equipment he/she proposes to use as will satisfy the owner that such bidder is prepared to fulfill the contract, if it is awarded to him/her.
Time of Completion
Data of delivery will be a consideration in the awarding of contracts. The contractor will include with his proposals delivery dates for each item. The contractor shall furnish all items no later than respective dates submitted with proposals unless otherwise permitted an extension of time, by an order in writing by the owner.
In considering the equipment bid upon, the owner will take into account past performance of existing installations and the service and maintenance facilities provided by the bidder of the equipment. The bidder shall be a local service organization that is trained in the servicing of equipment they are bidding.
Withdrawal of Bids
Any bidder may withdraw his/her bid prior to the scheduled closing time for the receipt of bids. No bid shall be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids. The owner reserves the right to award contracts for a period of sixty (60) days.
The contractor shall hold the owner harmless from any and all damages and claims that may arise by reason of any negligence on the part of the contractor, his/her agents or employees in the performance of this contract, and in case any action is brought therefore against the owner, or any of its agents or employees, the contractor shall assume full responsibility for the defense therefore, and upon his/her failure to do so on the proper notice, the owner reserves the right to defend such action and to charge all costs thereof to the contractor. The contractor will take all precautions necessary to protect the public against injury.
Human Rights Commission Rules and Regulations
A bidder on a public contract for the performance of work in excess of $2,000 must supply a "Certificate of Compliance" indicating that he/she has complied with the non-discriminatory conditions of the act.
All bidders must comply with OSHA regulations where applicable to this bid.