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Bidding Accepted Until July 13 - House and Small Units Building Projects
DCMO BOCES formally announced today that the bidding process for the modular house and small building projects is now open to the public.  Students from the building trades collaborate to develop these projects under the supervision of educators and with compliance monitoring from all building requirements.

Both the Pole Campus in Norwich and the Harrold Campus in Sidney Center will be building units.  The general public is welcome to submit bids following all the guidelines listed in this document.  (Text pasted below)

REQUEST FOR PROPOSAL: Building Projects Bid Bid Number: B2022-08 PART A – Small Building Project Bid PART B – Modular House Building Bid Bid Contract Dates: August 4, 2022 to June 30, 2023 Date of Bid Opening: Wednesday, July 13, 2022 at 1:00 P.M. Delaware-Chenango-Madison-Otsego Board of Cooperative Educational Services Support Service Center 142 Whaupaunaucau Road Norwich, NY 13815 2 Special Term & Conditions The Board of Cooperative Educational Services (BOCES) was created by New York State legislation in 1948 to provide shared educational programs and services to school districts and operate and exists pursuant to Section 1950 of the Education Law of the State of New York. Today, there are thirty-seven BOCES organizations in the State. Each has its own governing board, elected by members of the Boards of Education of the component districts. The primary purpose of the BOCES is to provide services to two or more member districts more effectively and economically than one district could provide alone. Each year, the component districts request the services they want their BOCES to provide in the following year. The various requests for services and programs are assembled into an operating plan along with the associated budget. The State Department is required to approve all services before they can be provided to districts. Legal contracts are drawn up and approved by the district, the individual BOCES and the Commissioner of Education. The Delaware-Chenango-Madison-Otsego Board of Cooperative Educational Services (“DCMO BOCES”) is an educational agency of the State, and must, therefore, adhere to all laws and regulations of the State of New York, which govern the public schools in the State, as well as regulations controlling the BOCES. BOCES receives most of its money from the member districts. In return, the member districts receive BOCES aid based on their relative wealth and need for the service. The various BOCES operate many programs. Generally, the largest programs are associated with Career & Technical Education, Special Education and Instructional Support Services. DCMO BOCES has sixteen (16) component Districts located within the four County area, and employs approximately 341 teachers and general staff/ personnel. The DCMO BOCES serves approximately 1,050 students in grades K-12. DCMO BOCES is located approximately forty-five (45) miles north of Binghamton, outside of Norwich, New York. The BOCES covers a total area of approximately 1,825 square miles with two campuses as indicated below: DCMO BOCES – Alan Pole Campus and Support Services Building DCMO BOCES - Robert W. Harrold Campus The 16 component School Districts covered under this bid are: Afton CSD, Bainbridge-Guilford CSD, Delhi CSD, Downsville CSD, Franklin CSD, Gilbertsville-Mount Upton CSD, Greene CSD, Hancock CSD, Norwich CSD, Otselic Valley CSD, Oxford CSD, Sherburne-Earlville CSD, Sidney CSD, Unadilla Valley CSD, Unatego CSD and Walton CSD. 3 Special Term & Conditions SPECIAL TERMS & CONDITIONS NOTICE TO BIDDERS The Board of Cooperative Educational Services (BOCES), Delaware, Chenango, Madison and Otsego Counties, is soliciting formal Requests for Proposals for the building of two (2) structure projects on the Alan Pole Campus in Norwich, New York and the Robert W. Harold Campus in Sidney Center, New York. In accordance with Sections 103, 104b and 119-0 of General Municipal Law, DCMO BOCES hereby invites the submission of sealed bids for Bid number B2022-08 for the purchase of two (2) building projects. Bids will be received by Wednesday, July 13, 2022 at 1:00 P.M. EST at the DCMO BOCES Cooperative Purchasing Office in the Support Services Center, 142 Whaupaunaucau Rd., Norwich, NY 13815. BID DISTRIBUTION – IMPORTANT NOTICE The Board of Cooperative Educational Services of Delaware-Chenango-Madison-Otsego Counties, hereinafter referred to as “DCMO BOCES” or “BOCES”, officially distributes bidding documents through the DCMO BOCES Cooperative Purchasing Office or through DemandStar website at https://network.demandstar.com/. Bid documents obtained from any other source are not considered official documents and are not guaranteed to receive addendums, should such information need to be issued. Legal ads for the notice of bids are published one time, in the Evening Sun. SCOPE OF WORK 1. The Delaware-Chenango-Madison-Otsego BOCES is soliciting formal Requests for Proposals for the building of two (2) structure projects on the Pole Campus in Norwich, New York and the Harold Campus in Sidney Center, New York. 2. The Delaware-Chenango-Madison-Otsego BOCES is requesting proposals from all interested parties to provide building materials to the DCMO BOCES Building Trades Program. The scope of the contract includes, providing building materials and a square footage donation offer in exchange for a building built to provided and agreed upon plans and dimensions, constructed by the Building Trade Students under the guidance of a qualified instructor. The following projects are available: Part A – Small Building Project - One (1) year term. Part B – Modular House Building Project – Max. - Two (2) year term. 3. All conditions set forth in the General Conditions are in effect unless specifically modified by the Special Terms and Conditions. All Special Terms and Conditions and the General Conditions become part of any contract entered into if any or all parts of the bid are accepted by DCMO BOCES and its members. 4 Special Term & Conditions GENERAL INFORMATION 4. The Agreement shall be for the right to provide building materials to the Building Trades Program of the DCMO BOCES in exchange for ownership of the building built by the students. The Awarded Applicant shall not have any claim against the BOCES or its agents for damages in the event that the building is not completed on schedule. SPECIFICATIONS 5. Basic building plans showing the floor plan, overall dimensions and square footage must accompany the bid. Please refer to the specification area below for maximum dimensions of Part A and Part B Projects. Actual blue prints will be required if the project is awarded. 6. The Applicant must supply, within 2 weeks of the award; two (2) sets of complete building blueprints of the building project along with a complete material list. a) Part A - The small building project plans must be no more than a maximum size of 14’ x 20’ and no higher than 10’, and must meet all local codes. A complete material list for the proposed Building must accompany the blueprints. b) Part B - two (2) sets of complete modular house building blueprints (with architectural approval and stamp, if required). The house plans must be no more than a maximum square footage of 1,498’ (1,500’ max) – outside dimensions, and must meet all local codes. A complete material list for the proposed house must accompany the blueprints. The house selected must lend itself to being built and transported over the road to a final location. PROPOSAL PROCESS 7. Proposals must be received by 1:00 p.m. on July 13, 2022 Applicants must submit one (1) signed original of the proposal with all other required documentation. Any proposal received after the time stipulated will not be considered, but will be rejected and returned unopened to the Applicant at the applicant’s expense. Proposals shall be addressed to: Ms. Beth Heinlein Delaware-Chenango-Madison-Otsego BOCES Support Service Building – Front Desk 142 Whaupaunaucau Rd. Norwich, NY 13815 8. If an Applicant discovers any ambiguity, conflict, discrepancy, omission or other error in the Bid, they shall immediately notify Delaware-Chenango-Madison-Otsego BOCES and request modification or clarification of the document. Modifications will be made by issuing a revision and will be given by written notice to all parties who have received this Bid from Delaware-Chenango-Madison-Otsego BOCES. 9. Products which are not specifically requested in this Bid, but which are necessary to provide the ability to complete the modular Building, should be identified and included in the proposal by the Applicant. 5 Special Term & Conditions 10. No allowance will be made after proposals are received for oversight, omission, errors or mistakes by the Applicant. 11. Delaware-Chenango-Madison-Otsego BOCES will not be liable in any way for any costs incurred by Applicants in the preparation of their proposals in response to this Bid nor for the presentation of their proposals. 12. Procurement Timetable: The following projected timetable should be used as a working guide for planning purposes. Written Requests for Clarification due by Friday, July 1, 2022 Bid due date Wednesday, July 13, 2022 Board Award August 3, 2022 Initial Contract Term August 4, 2022 – June 30, 2023 13. Delaware-Chenango-Madison-Otsego BOCES reserves the right to withdraw or reject this Bid at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. 14. Receipt of proposal materials by Delaware-Chenango-Madison-Otsego BOCES or submission of a proposal to Delaware-Chenango-Madison-Otsego BOCES offers no rights against DelawareChenango-Madison-Otsego BOCES nor obligates Delaware-Chenango-Madison-Otsego BOCES in any manner. 15. Delaware-Chenango-Madison-Otsego BOCES reserves the right to waive minor irregularities in proposals, provided that such action is in the best interest of the public. Any such waiver shall not modify any contract condition written within the Applicant’s Bid nor shall it excuse the Applicant from full compliance with the Bid specifications and other contract requirements if the Applicant is awarded the contract EVALUATION OF PROPOSALS AND AWARD 16. Determination of Qualifications of the Applicants: a) BOCES Evaluation Committee, along with the Assistant Superintendent of Instructional Services and Principal, at its sole discretion, shall determine whether particular Applicants have the basic qualifications to conduct the desired agreement. b) In determining whether an Applicant possesses the basic qualifications to be considered for an award, the BOCES Evaluation Committee may consider the following: i) Applicant’s proof of established credit at a local building supply company or bank. ii) Reliability and material availability of the building supply company. ii) Building plans that meet the specifications of the Building Trades Program. Basic building plans showing the floor plan, overall dimensions and square footage must accompany the bid. Two (2) copies of the complete building blueprints must be submitted within 2 weeks of the award. Part A – Small Building project must be no larger than 10’ x 12’ and no higher than 10’ 6 Special Term & Conditions Part B – Modular House project must be no larger than 1,498 sq. ft. – outside dimensions. iii) Amount of donation per square foot calculated by the outside total footage of the structure. iv) Submission of the bid with proper documents signed, and required information included. (Bids received without properly signed documents or missing building plans, will not be considered) Initial building plans do not need to be blueprints; a simple building plan layout is acceptable. 17. Award shall be made to the responsible Applicant whose proposal is determined to be the most advantageous to the DCMO BOCES Building Trades Curriculum, taking into consideration the evaluation factors set forth in this Bid. APPLICANT LINE OF CREDIT 18. The Applicant must have an established line of credit with a local building supply center. The DCMO BOCES requires the bidder to provide, with the bid, proof of the established line of credit with a local building supply company. A complete record of all purchases and deliveries will be maintained by the DCMO BOCES for review by the Awarded Applicant. 19. The BOCES shall have the right to terminate this Agreement if it is determined that the Awarded Applicant, by failing to provide building materials in a timely manner, adversely affects the Building Trades Program. The Awarded Applicant will have thirty (30) days to correct the problem(s) to the satisfaction of the Assistant Superintendent of Instructional Services and the Principal. If the Awarded Applicant consistently fails to perform for a particular portion of this contract then the DCMO BOCES reserves the right to declare the Awarded Applicant in default and terminate the agreement. AWARD METHOD/ DONATION TO BOCES 20. The DCMO BOCES is requesting that a minimum donation of $1.00 per square foot be included to cover the cost of wear and tear on equipment and tools required to build the project. The responsive, responsible bidder offering the highest donation per square foot will be recommended for an award to the DCMO BOCES Board of Education. 21. For Project A - There may be more than one awarded bidder since more than one (1) project may be completed during the school year. In this case, bids may be awarded from highest donated amount to lowest donated amount, depending on the total project amount, project size and fit with the terms and conditions of this bid. If awarded, projects will be completed in the same order as awarded, from highest to lowest donated amount. DELIVERY REQUIREMENT 22. The successful Awarded Applicant and authorized BOCES personnel will set a building material schedule for the building project within thirty (30) days of the signing of the Agreement, to maximize space utilization and alleviate material shortages. 7 Special Term & Conditions PERMITS AND INSURANCE 23. The Awarded Applicant must secure all necessary permits required for moving the structure overthe-road. Adequate insurance to cover the value of the structure, liability and other risks is the responsibility of the Awarded Applicant from the time ownership is transferred. Certificate of Occupancy is the responsibility of the Awarded Applicant. Any additional fees, permits, or licenses are the sole responsibility of the Awarded Applicant once ownership is transferred. TERMS AND CONDITIONS 24. Delaware-Chenango-Madison-Otsego BOCES agrees to furnish instructors and students that will work towards the completion of a building project during the contract period. The DCMO BOCES agrees to provide an accessible work site to construct the building project, however access may be limited to times when classes are not in session in an effort to limit classroom disruption. 25. Applicant will be responsible for supplying and delivering all materials required to complete the building project, including, but not limited to, the following: a) Framing Materials, Windows, Siding, Doors, Roofing Materials, Electrical Supplies and Fixtures, Plumbing Supplies and Fixtures, Sub-flooring, Sheetrock, Trade Consumables (nails, shims, caulk, screws, etc.) Cabinetry, etc. 26. The Awarded Applicant’s building supplier must deliver material in a timely manner. Excessively late deliveries, which jeopardize the teaching schedule of the Building Trades Program, will be considered a violation of this agreement. Awarded Applicants must act on behalf of the BOCES should the building supplier fail to make timely deliveries of supplies? 27. The Awarded Applicant agrees to operate within the framework of DCMO BOCES building schedule. 28. Applicants will comply with all applicable laws, building codes, regulations and OSHA requirements in the performance of this agreement. REQUIRED DOCUMENTS: 29. In order for a bid to be accepted and considered the following documents must be submitted as part of the sealed bid. ? Building Project Proposal and Agreement with donation amount specified ? Bid Proposal Certifications (Non-Collusive Form) ? Iranian Divestment Certification ? Building Plans – Blueprints ? Proof of established line of credit with a local building supply company or a Bank Construction Loan in the amount of $10,000 or more for Part A and $25,000 or more for Part B. A letter of credit is required with the bid. The local building supply store which the line of credit has been established must be able to deliver to the Alan Pole Campus located at 6678 County Road 32, Norwich, NY 13815 or the Robert W. Harold Campus located at 207 BOCES Drive, Sidney Center, NY 13839. 8 Special Term & Conditions 30. All required documents must be properly filled out, signed where indicated and must be legible. Bids that are illegible and therefore not comprehensible will be disqualified. The BOCES will not try to interpret a bidder’s writing, or attempt to construe what is being bid. 9 General Conditions GENERAL CONDITIONS All invitations to bid issued by the DCMO Board of Cooperative Educational Services will bind successful bidders to the conditions and requirements set forth in these general conditions, and such conditions will form an integral part of each purchase contract awarded by DCMO BOCES or its Members. DEFINITIONS “DCMO BOCES” will be the legal designation of the Delaware-Chenango-Madison-Otsego County Board of Cooperative Educational Services. “Agreement” is the formal Agreement executed between the Applicant and Delaware-Chenango-MadisonOtsego BOCES in accordance with these terms and conditions, including the approved Applicant’s project as submitted and accepted by Delaware-Chenango-Madison-Otsego BOCES. Additional terms may be incorporated into the Agreement at the discretion of Delaware-Chenango-Madison-Otsego BOCES. “Building Supplies” will include all building related supplies required to completely construct a building within the approved project size requirements; conception to completion. Building supplies shall include, but are not limited to the following commodities: Electrical Components, Plumbing Supplies and Fixtures, Structural Wood Products, Siding, Sub-flooring, Windows, Doors, Roofing Supplies, Interior Sheetrock, Nail, Screws, etc. “Awarded Applicant” is the party selected by the BOCES Committee and approved by Delaware-ChenangoMadison-Otsego BOCES Board of Education to provide the scope of this Bid, as set forth in this document. “Authorized BOCES Representatives” is any person or entity that may from time to time request building supplies to be delivered in conjunction and covered under this Bid. The Authorized BOCES Representative(s) will be identified at the time of the project start by the Assistant Superintendent of Management 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 vendor/bidder submits his bid. “Bidder” A company, corporation or individual submitting a bid. “Contract” A notice to the successful bidder by the issuance of a purchase order, all documents relating to the transaction, including but not limited to, the bid offer of the successful bidder, notice to bidders, general information, general conditions, specifications, notice of award, bid proposal certifications; a formal document signed by the successful bidder and the DCMO BOCES representative. “Specifications” Defined as the description of materials, supplies, equipment, and/or services, including the conditions for its purchase. 10 General Conditions SECTION 1: INTRODUCTION 1.1 The intent of the specifications is to provide responsible bidders’ information for the purpose of purchasing buildings, built to specifications, from the BOCES Career Tech Program. 1.2 Any factual information contained in this bid is for informational purposes only and is subject to independent bidder verification. 1.3 All costs incurred by the bidders in preparation, estimating and submission of a response are the total responsibility of the bidders. All proposals and associated materials, excluding samples, will become the property of the Delaware-Chenango-Madison-Otsego BOCES. 1.4 Delaware-Chenango-Madison-Otsego BOCES reserves the right to select or reject all or part of any proposal submitted and reserves the right to waive response informalities and accept clarifications or revisions as needed. SECTION 2: BID RESPONSES AND SUBMISSION 2.1 Faxed or emailed bids are not acceptable and will not be considered. 2.2 Sealed or electronic bid submissions will be accepted. 2.3 The bidder will express any concerns about or requests for clarification of the interpretation of the bidding documents in writing, to Cooperative Purchasing, [email protected] no later than seven (7) days prior to the bid opening date. The request will state clearly and in detail the basis for any such concern or request. The request will be sent by email. Bidders will not be allowed to take advantage of any errors or omissions in the specifications. 2.4 The bidder is required to submit Exhibits A, A1 through A5 along with the Bid Sheet and any additional corresponding attachments. Each bid will include the following: A-1. Building Project Proposal and Bidders Agreement Form for Tiny House, Signed A.2. Building Project Proposal and Bidders Agreement Form for Modular Home, Signed A-3. Non-Collusion Affidavit A-4. Iran Divestment Act Certificate A-5. Addendum Acknowledgement if applicable Sealed Bids: 2.5 Sealed bids will be received via mail, postal, shipping carrier or hand-delivered to DCMO BOCES, Support Services Building, Cooperative Purchasing Office, 142 Whaupaunaucau Rd, Norwich, NY 13815 in an envelope, clearly marked “Sealed Bid” with the bid name and number, no later than the date and time specified under the Notice to Bidders (page 3). 2.6 For Sealed Bid submissions Bidders will supply signed hard copies of their completed bid forms and the bid sheet in a sealed envelope. Electronic Bids: 2.8 Electronic bids must be submitted to DemandStar and will remain sealed until the date and time of the designated bid opening. This is the only platform in which electronic bid submissions will be accepted. 11 General Conditions 2.9 Electronic bids uploaded to DemandStar will be electronically sealed until the date and time of the bid opening. 2.10 To register your company, go to: https://www.demandstar.com/registration. 2.11 Communications to DemandStar does not constitute communications to the BOCES. The BOCES is not responsible for errors and omissions occurring in the transmission, download or uploading of any documents from and to this website. SECTION 3: BIDS 3.1 The date, time and place of the bid opening are provided under the Notice to Bidders on this document and on the cover page. 3.2 All bids will be submitted on the bid forms that are provided by DCMO BOCES along with signed hard copies of all the required bid documents. The bidder will not change or provide the bid sheets in a different format than the one provided with the bid documents. 3.3 All bids must be in a sealed envelope, clearly marked “SEALED BID.” The name of the bid and bid number must appear on the envelope as indicated under the Notice to Bidders in the Special Terms section. Bids must not be attached to or enclosed in packages containing bid samples. 3.4 All bids received after the time stated in the Notice to Bidders will not be considered. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the BOCES. Whether submitted via DemandStar, sent by mail or by means of personal delivery, the bidder assumes responsibility for having their bid deposited on time at the place specified. 3.5 In the event that the DCMO BOCES Purchasing office is closed due to unforeseen circumstances on the scheduled day of the bid opening, the bid submission deadline will be automatically rescheduled for the same time; on the next day that DCMO BOCES Purchasing Office is open. 3.6 The submission of a bid proposal 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, equipment or services satisfactorily in complete compliance with the specifications. 3.7 Illegible or vague bids may be rejected. Facsimile, printed or typewriter signatures are not acceptable. 3.8 The bidder agrees to save, defend, keep harmless and indemnify the district, and all its agents from any and all claims, however caused, resulting from or in any way connected with the awarded bidder’s performance of the contract or arising out of each and any product defect or failure. SECTION 4: AWARD METHOD/DONATION TO BOCES 4.1 The DCMO BOCES is requesting that a minimum donation of $1.00 per square foot be included to cover the cost of wear and tear on equipment and tools required to build the project. The responsive, responsible bidder offering the highest donation per square foot will be recommended for an award to the DCMO BOCES Board of Education. 4.2 For Project A - There may be more than one awarded bidder since more than one (1) project may be completed during the school year. In this case, bids may be awarded from highest donated 12 General Conditions amount to lowest donated amount, depending on the total project amount, project size and fit with the terms and conditions of this bid. If awarded, projects will be completed in the same order as award, from highest to lowest donated amount. 4.3 Tie bids – In the case of tie bids the BOCES Board of Education may draw lots to eliminate the charge of favoritism. SECTION 5: BID REJECTIONS AND DISQUALIFICATION OF BIDDER 5.1 Any one or more of the following, among others, may be considered sufficient for the disqualification of a bidder and the rejection of a bid: a. Failure to satisfy the submittal requirements of the bid. b. Evidence of collusion among bidders. c. Illegible or vague bids. d. Lack of responsibility as shown by past work, reference, or other factors. e. Default or termination of other contracts or agreements. f. Other causes as deemed appropriate at the Board’s sole and absolute discretion. g. Debarment 5.2 Late Bids - All bids received after the time stated on the cover page and in the “Notice to Bidders,” or the bid submission deadline as modified by formal addendum, will not be considered and will be returned to the bidder at their expense. The bidder assumes the risk of any delay in the mail. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having their bid deposited on time, at the place specified. The date/time stamp in the Purchasing Office will be utilized in all cases to determine the official time of receipt. 5.3 No faxed, electronic, verbal, telegraphic or telephonic bids will be considered. 5.4 Damaged/ Illegible Bids - The BOCES is not responsible for any bid or portion of a bid submittal that has been damaged or destroyed while in transit to the BOCES. Bidders should take the necessary precautions to ensure that their submission is received intact. Illegible bid documents will be rejected for cause. 5.5 Irregular Bids - Bids will be considered irregular and will be subject to rejection for the following reasons: a. If the bid is on a form other than that furnished by DCMO BOCES, or, if any of the BOCES forms are altered in any way. b. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous. SECTION 6: CONTRACT TERMS 6.1 Delaware-Chenango-Madison-Otsego BOCES agrees to furnish instructors and students that will work towards the completion of a building project during the contract period. The DCMO BOCES agrees to provide an accessible work site to construct the building project, however access may be limited to times when classes are not in session in an effort to limit classroom disruption. 6.2 Any activity of the Awarded Applicant or any of its employees or family will not infringe upon DCMO BOCES students and employees. The activities of Awarded Applicant will be such as to render material to the DCMO BOCES in a dignified manner; and no undue pressure, coercion or persuasion shall be used by awarded applicant in an attempt to influence the students, employees 13 General Conditions or departments to use the products of awarded applicant or to complete the Building before the scheduled completion date. 6.3 The Awarded Applicant will not sell, assign, nor otherwise transfer any portion of the contract or responsibility and obligations herein, without written consent of the DCMO BOCES. 6.4 Applicants will be required to sign a contract upon approval and award of their proposal. The contract reflects the contents of this proposal and is enclosed for your review. The contract must be signed immediately after the award by the Board of Education. 6.5 Applicants that refuse to sign the contract will be considered non-responsive and their bid will be rejected for cause and the contract will be awarded to the next responsive, responsible bidder. SECTION 7: DELIVERY REQUIREMENTS 7.1 The successful Awarded Applicant and authorized BOCES personnel will set a building material schedule for the building project within thirty (30) days of the signing of the Agreement, to maximize space utilization and alleviate material shortages. SECTION 8: MODIFICATION OF AGREEMENT 8.1 This agreement may be modified only by written amendment executed by all parties and their signatories hereto. SECTION 9: FORCE MAJEURE 9.1 No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control. SECTION 10: TRANSFER OF OWNERSHIP 10.1 Ownership of the building will be transferred to the Awarded Applicant upon completion. The Awarded Applicant may take ownership prior to completion of the building upon a written, mutual agreement between the Awarded Applicant and the DCMO BOCES. Early transference of ownership will only be approved if the training schedule for the Building Trades Program is not jeopardized. SECTION 11: WARRANTIES 11.1 The DCMO BOCES makes no guarantee or warranty on the structure. 11.2 As Is – Where Is: The building project is offered on an “As is – Where is” basis. It will be the responsibility of the Awarded Applicant to load, remove and transport the structure from the BOCES Alan Pole Campus to its final destination. Removal from the DCMO BOCES premises should be completed within thirty (30) days of the transfer of Ownership to the Awarded Applicant. The Awarded Applicant must notify the BOCES 48 hours before removal of the structure. 11.3 In the event the successful bidder fails to make the appropriate correction within a reasonable time, any corrections already made by the BOCES will be at the successful bidder’s expense. 14 General Conditions SECTION 12: INDEMNITY, RELEASE AND INSURANCE 12.1 General Considerations - It is a requirement of Delaware-Chenango-Madison-Otsego BOCES that any applicant, when working or driving on Delaware-Chenango-Madison-Otsego BOCES property, will agree to defend the BOCES and its employees against claims for damages arising out of the presence of the Awarded Applicant, his subcontractors or their respective employees, and/or agents. The purpose of these requirements is to protect the Delaware-Chenango-Madison-Otsego BOCES financial position. A certificate of insurance, in the form satisfactory to DelawareChenango-Madison-Otsego BOCES, evidencing said coverage shall be provided to the DelawareChenango-Madison-Otsego BOCES prior to the commencement of the Agreement. 12.2 The Applicant agrees to save, defend, keep harmless and indemnify the BOCES and all its agents from any and all claims, however caused, resulting from or in any way connected with the awarded Applicant’s performance of the contract. 12.3 Minimum Limits of Coverage will be at least to the following minimum limits. If the Applicant has or obtains primary and umbrella excess policies, there will be no gap between them. The following insurance shall be maintained by the awarded Applicant for the duration of the bid award contract period. Liability For: Limits: General Liability $1,000,000 each Occurrence / $2,000,000 Aggregate Property Damage $1,000,000 each Occurrence / $2,000,000 Aggregate Personal Injury $1,000,000 each Occurrence / $2,000,000 Aggregate 12.4 DCMO BOCES Insurance - During the construction and up to the date of final acceptance of the building project, the DCMO BOCES will maintain insurance for Bodily Injury and Property Damage on the building project. The Awarded Applicant understands and acknowledges that the BOCES will only insure the building project for the estimated cost of material provided, should the building project be damaged or destroyed. SECTION 13: DEFAULT AND TERMINATION 13.1 In the event the Awarded Applicant shall default in any obligations or conditions set forth in the Agreement, the Principal or Assistant Superintendent of Instructional Services may notify the Awarded Applicant of such default in writing. 13.2 Within five (5) days of receipt of notice of default from the DCMO BOCES, the Awarded Applicant shall acknowledge the receipt of the default and shall outline the steps the Awarded Applicant will take to correct such default. The Awarded Applicant will then have thirty (30) days to completely remedy the situation to the satisfaction of the Principal or Assistant Superintendent. In the event the Awarded Applicant fails to correct the problem(s) within the time specified the DelawareChenango-Madison-Otsego BOCES shall have all rights to immediately terminate the Agreement. 13.3 Applicant agrees that, in the event either party deems it necessary to take legal action to enforce any provision of the Agreement, or in the event Delaware-Chenango-Madison-Otsego BOCES prevails, Applicant shall pay all expenses of such action including Delaware-Chenango-MadisonOtsego BOCES attorney fees and costs at all stages of the litigation. 13.4 Upon termination by default, the Awarded Applicant shall immediately lose all rights and claims of ownership of the modular Building and or materials delivered to the DCMO BOCES. The DCMO 15 General Conditions BOCES shall retain ownership of the building and the Awarded Applicant shall not have any claim against the BOCES or its agents for damages or payment for materials or services rendered. SECTION 14: DISPUTE RESOLUTION 14.1 The parties hereto shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this Agreement by conducting good faith negotiations amongst themselves. Any dispute arising in connection with the interpretation and performance of the provisions of will be resolved by the Parties in good faith through negotiations. During this period, the parties shall make good faith efforts to amicably resolve the claim, dispute or controversy. In case no resolution can be reached by the Parties within thirty (30) days, then negotiations between senior executives of DCMO BOCES and the supplier, with authority to settle the dispute will commence. SECTION 15: LITIGATION 15.1 In the event either party is involved in any litigation brought in reference to this contract, the laws of New York will be used to address any conflict. Any lawsuits brought against the Bidder or the BOCES will have a venue in the City of Norwich, Chenango County, New York. SECTION 16: NON-COLLUSION 16.1 The bidder must sign and submit the Non-Collusion form certifying that their offer has not been prepared in collusion with any other bidder or other person or persons engaged in the same line of business prior to the opening date of this bid. SECTION 17: IRANIAN DIVESTMENT DOCUMENTS 17.1 Each bidder must certify that it is not on the list of entities engaged in investment activities in Iran created pursuant to State Finance Law (section 165-a). In any case where the bidder cannot certify that they are not on such a list, the bidder will state and will furnish with the bid or proposal a signed statement which sets forth in detail the reasons why such a statement cannot be made. 16 Bidders’ Agreements EXHIBIT A-1 BUILDING PROJECT PROPOSAL AND AGREEMENT FORM B2022- 08 Part A – Small Building Project It is the responsibility of the Applicant to adhere to all the conditions and specifications set forth; failure to do so may result in the Applicant’s proposal being declared unresponsive and rejected. The DCMO BOCES reserves the right to reject any bid in whole or in part if in its judgment the best interest of the DCMO BOCES will be served. – Please fill out both agreement documents. Proposal: I ________________________________________________________, hereby agree on this date of ___________________to supply the DCMO BOCES with all building materials required to construct, to completion, a modular Building according to the provided and approved stamped architectural plans. Part A – Small Building Project: Proposed Building Size: Width ____________ Length ______________ This offer is made after reading the terms and conditions contained herein and agreeing that all such terms and conditions, as prescribed for the Applicant, will be met. As required by the Bid, [section 4, General Conditions], the following donation, per square foot, is offered by the applicant: Donation per Square Footage $______________ Total $ _______________ Signature: __________________________________________________ Address :___________________________________________________( please print) Insurance Information Liability Coverage Insurance Carrier Coverage Limits Automobile ____________________ _________________ Established Line of Credit: A line of credit, in my name, has been established at the following building supply companies. Company Name Address Phone Company Name Address Phone 17 Bidders’ Agreements EXHIBIT A-1 - continued BUILDING PROJECT PROPOSAL AND AGREEMENT FORM B2022- 08 Part A – Small Building Project Agreement: By submitting a proposal, the Applicant agrees to all the conditions contained herein and on the enclosed General Conditions. Signed: ______________________________________ Date: _____________________ Print Name: __________________________________ Phone: (____) ______________ Address: _______________________ City ___________ State________ Zip _______ Email Address: _______________________________________________________________ Campus Preference: _________ Pole Campus, Norwich or _________ Harold Campus, Sidney Center Would you consider a building project from the other campus _____ YES or ____ NO Any exceptions to the bid conditions must be listed below. Exceptions listed anywhere else in the bid will make those exceptions null and void. Exceptions to any and all bid conditions may be taken into consideration by the bid committee and may result in the bid being considered unresponsive and thus rejected. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ State of ______________________ County of ____________________ On the _______day of ___________ in the year_____, before me, the undersigned notary public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ____________________________________ Notary Public EXCEPTIONS TO CONTRACT TERMS AND CONDITIONS NOTARY 18 Bidders’ Agreements EXHIBIT A-2 BUILDING PROJECT PROPOSAL AND AGREEMENT FORM B2022- 08 Part B – Modular House Project It is the responsibility of the Applicant to adhere to all the conditions and specifications set forth; failure to do so may result in the Applicant’s proposal being declared unresponsive and rejected. The DCMO BOCES reserves the right to reject any bid in whole or in part if in its judgment the best interest of the DCMO BOCES will be served. – Please fill out both agreement documents. Proposal: I ________________________________________________________, hereby agree on this date of ___________________to supply the DCMO BOCES with all building materials required to construct, to completion, a modular Building according to the provided and approved stamped architectural plans. Part B – Modular House Project: Proposed Building Size: Width ____________ Length ______________ This offer is made after reading the terms and conditions contained herein and agreeing that all such terms and conditions, as prescribed for the Applicant, will be met. As required by the Bid, [section 4, General Conditions], the following donation, per square foot, is offered by the applicant: Donation per Square Footage $______________ Total $ _______________ Signature: __________________________________________________ Address :___________________________________________________( please print) Insurance Information Liability Coverage Insurance Carrier Coverage Limits Automobile ____________________ _________________ Established Line of Credit: A line of credit, in my name, has been established at the following building supply companies. Company Name Address Phone Company Name Address Phone 19 Bidders’ Agreements EXHIBIT A-2 - continued BUILDING PROJECT PROPOSAL AND AGREEMENT FORM B2022- 08 Part B – Modular House Project Agreement: By submitting a proposal, the Applicant agrees to all the conditions contained herein and on the enclosed General Conditions. Signed: ______________________________________ Date: _____________________ Print Name: __________________________________ Phone: (____) ______________ Address: _______________________ City ___________ State________ Zip _______ Email Address: _______________________________________________________________ Campus Preference: _________ Pole Campus, Norwich or _________ Harold Campus, Sidney Center Would you consider a building project from the other campus _____ YES or _____ NO Any exceptions to the bid conditions must be listed below. Exceptions listed anywhere else in the bid will make those exceptions null and void. Exceptions to any and all bid conditions may be taken into consideration by the bid committee and may result in the bid being considered unresponsive and thus rejected. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ State of ______________________ County of ____________________ On the _______day of ___________ in the year_____, before me, the undersigned notary public, personally appeared _________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ____________________________________ Notary Public EXCEPTIONS TO CONTRACT TERMS AND CONDITIONS NOTARY 20 Bidders’ Agreements EXHIBIT A-3 NON-COLLUSION CERTIFICATION Firm Name _______________________________________________________________ Address _______________________________________________________________ Telephone # __________________ FAX # ___________________ Date _______________ General Bid Certification The vendor certifies that he will furnish, at the prices herein quoted, the materials, equipment and/or services as proposed on this bid. Non-Collusive Bidding Certification By submission of this bid proposal, the vendor certifies that they are complying with Section 103-d of the General Municipal Law as follows: Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, will contain the following statement subscribed by the vendor and affirmed by such vendor as true under the penalties of perjury: Non-collusive bidding certification. (a) By submission of this bid, each vendor and each person signing on behalf of any vendor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief; (1) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other vendor or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any competitor; and (3) No attempt has been made or will be made by the vendor to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.” (b) A bid will not be considered for award nor will any award be made where (a)(1)(2) and (3) above have not been complied with; provided however, that if in any case the vendor cannot make the foregoing certification, the vendor will so state and will furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (a)(1)(2) and (3) above have not been complied with, the bid will not be considered for award nor will any award by made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of disclosing competition. (1) The fact that a vendor (a) has published price lists, rates, or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication or new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning subparagraph one (a). (2) Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate vendor for work or services performed or to be performed, or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of the section, will be deemed to have been authorized by the board of directors of the vendor, and such authorization will be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to noncollusion as the act and deed of the corporation. ___________________________________________Signature (Authorized) ___________________________________________Name (printed) ___________________________________________Title THIS FORM MUST BE COMPLETED AND RETURNED AS PART OF YOUR SEALED BID PACKET. 21 Bidders’ Agreements EXHIBIT A-4 CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT Certification Pursuant to Section 103-g of the New York State General Municipal Law A. By submission of this bid/proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the New York State Finance Law and General Municipal Law section 103-g. B. A Bid/Proposal will not be considered for award, nor will any award be made where the condition set forth in Paragraph A above has not been complied with; provided, however, that in any case the bidder/proposer cannot make the foregoing certification set forth in Paragraph A above, the bidder/proposer will so state and will furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where Paragraph A above cannot be complied with, the Purchasing Unit to the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or his designee, may award a bid/proposal, on a case by case business under the following circumstances: ? The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or ? The political subdivision makes a determination that the goods or services are necessary for the political subdivision to perform its functions and that, absent such an exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination will be made in writing and will be a public document. Company Name: ____________________________________ Address: ___________________________________ City/State/Zip Code: ________________________________ Telephone Number: ________________________________ Fax Number: ________________________ Authorized Company Signing Agent: Name: _______________________________________Title: _______________________________ (Printed Clearly) Signature: ____________________________________ Date: _______________________________ THIS FORM MUST BE COMPLETED AND RETURNED AS PART OF YOUR SEALED BID PACKET. 22 Bidders’ Agreements EXHIBIT A-5 Addenda Acknowledgment The bidder acknowledges the acceptance of all addenda’s listed below as issued by the BOCES cooperative purchasing office. In the event that no addendums have been issued in accordance with this bid document, bidder will indicate it with the notation of N/A. The bidder further acknowledges the inclusion of said addenda’s to the original bid documents and therefore binding in the agreement of the bidder with the BOCES. Addendum Number Date Received Authorized Signature _________________ ____________ _____________________________ _________________ ____________ _____________________________ _________________ ____________ _____________________________