B-27-11-12

SCHOOL BUSSES

SANTA CLARA COUNTY OFFICE OF ED

TABLE OF CONTENTS

FOR

ONE (1) WHEELCHAIR / VARIABLE SEATING SCHOOL BUS

AND

ONE (1) 14 PASSENGER SCHOOL BUS

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION

TRANSPORTATION SERVICES

1. Instructions and Conditions Pages 2 - 6

2. Specifications Pages 7 - 19

3. Bid Form Pages 20 – 23

4. Attachments

a) Affirmative Action

b) Nondiscrimination by Supplier

c) Bidding Questionnaire

d) Workers Compensation

e) Sub-Vendors List

f) Noncollusion Declaration

NOTE: The Table of Contents and all items listed are to be made a part of the above reference bid.

A.D. Bursch, CPM

Purchasing Manager

INSTRUCTIONS AND CONDITIONS

FOR

ONE (1) WHEELCHAIR / VARIABLE SEATING SCHOOL BUS

AND

ONE (1) 14 PASSENGER SCHOOL BUS

FOR

SANTA CLARA COUNTY OFFICE OF EDUCATION

TRANSPORTATION SERVICES

NOTICE IS HEREBY GIVEN that the Santa Clara County Office of Education, San Jose, California, hereinafter referred to as the Owner, will receive up to, but no later than Monday, March 26, 2012 at 3:00 p.m. sealed bids for the award of a contract for 2 school buses.

Bids shall be received in the office of the Purchasing Manager of the Owner at 1290 Ridder Park Drive, San Jose, California 95131 and shall be opened and publicly read aloud at the above stated time and place.

All prices quoted shall be FOB-Destination

The Owner reserves the right to reject any or all bids, to waive any informality in the bidding process and to be the sole judge of whether or not a bid meets the needs of this office.

CONTACT

Any questions regarding bidding procedures should be directed to the Buyer, Lee Villarreal, at (408) 453-6854. Technical questions should be directed to Joni Sanborn, Transportation Services Supervisor, at (408) 453-4388.

PREPARATION OF BID FORM

Please prepare your bids on the form attached to be submitted at such time and place as is stated in the notice to vendors calling for bids. All Blanks in the Bid Form must be appropriately filled in, and all prices must be stated in words and figures. All Bids submitted must be in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

BRAND NAMES AND NUMBERS

1. Brand names and numbers when given in Bid Form are for reference. Bids on equivalent items will be considered provided the bid clearly describes specification or the article offered and it is equivalent in quality and utility.

2. State brand and model on each item. If quoting other than the make, model, or brand specified in the Bid Form, state the item offered by the manufacturer’s name and model number and performance specification. Unless the bidder clearly indicated in his bid that he if offering an “equal” product, his bid shall be considered as offering the brand name product referenced in the invitation for bids.

3. The Owner will require the successful contractor to supply the manufacture’s name, make, model, data sheets and performance specifications and warranty for all materials used.

EQUIPMENT AND ACCESSORIES

All equipment not mentioned herein, but required by the rules and regulations of the Federal Department of Transportation, State of California Vehicle code, shall be furnished. All equipment and accessories indicated as standard equipment in the manufacturer’s published literature shall be supplied.

TIME OF DELIVERY

Time of delivery is a part of the bid and must be adhered to. If it is impossible to meet delivery stated in Bid Form, bidder shall state best delivery possible for each item. Time, if stated as a number of days shall mean calendar days.

SIGNING OF BIDS

The signature of all persons signing shall be in longhand and executed by principal duly authorized to make contracts. The bidder’s legal name shall be fully stated. Obligations assumed by such signature must be fulfilled.

NO BID

If you are unable to bid, please return the bid and/or Bidding Questionnaire stating reason; otherwise, your name may be removed from our bid list.

TAXES, CHARGES, AND EXTRAS

1. Unless otherwise definitely specified, the prices quoted herein do not include Sales Tax, Use Tax, or other taxes.

2.  No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or any other purpose, except taxes legally payable by the Owner, will be paid unless expressly included and itemized on the bid.

3. The Owner does not pay Federal Excise Taxes. Do not include these taxes in your bid price; however do indicate on the bid the amount of any such tax. The Owner will sign an Exemption Certificate in lieu of such a tax.

QUALIFICATIONS

Bus manufacturer shall be ISO 9001-2000 certified. Additionally, all bidders may be required to furnish evidence of their technical ability, experience, and financial responsibility. No bid will be accepted from, or a contract awarded to, any party or firm in arrears to the Owner, or who is a defaulter as surety, contractor or otherwise within the past twelve (12) months. Successful contractor will be required to show proof of current contractor’s license for their trade.

AUTHORIZED DEALER

Bidder must be a valid franchised dealer for the units bid.

AWARD OF CONTRACT

1.  Bids will be evaluated on basis of price, compliance to Specifications, references for performance and/or quality, and delivery date.

2. A written purchase order mailed or otherwise furnished to the successful bidder within the time for acceptance specified, results in a binding contract without further action by either party. The contract shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

ALTERATION OR VARIATION OF TERMS

It is mutually understood and agreed that no alteration or variation of the terms of this bid or purchase order shall be valid unless made or confirmed in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made or confirmed in writing between the parties hereto shall be binding on any of the parties hereto.

ASSIGNABILITY

A contract is not assignable by vendor either in whole or in part. The contract shall extend to and be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto.

OSHA

All material, equipment, or labor shall comply with the required standards of OSHA and CAL OSHA 1973 as last revised.

WARRANTY

Vendor warrants to the Owner and/or its customer that the goods and/or services covered by this order will conform to the Specifications furnished by the Owner and will be of first class materials and workmanship and free from defects. Goods will be received subject to inspection and acceptance at destination by the Owner and risk of loss before acceptance shall be on vendor. Defective goods rejected by the Owner may without prejudice to any other legal remedy, be held at vendor’s risk and returned at vendor’s expense. Defects are not waived by acceptance of goods or by failure to notify vendor thereof.

SPECIFIC WARRANTY REQUIREMENTS SHALL INCLUDE:

·  Subject vehicle must carry full manufacturer’s new vehicle warranty.

·  Minimum: Parts and labor: 36 months/36,000 miles.

·  Towing for all warranty covered breakdowns.

·  Emission defect: 36 months/50,000 miles

COMPLIANCE WITH STATUTE

Vendor hereby warrants that all applicable Federal and State statutes and regulations and/or local ordinances will be complied with in connection with the sale and delivery of the property furnished. Specifically, vehicles bid shall meet all current FMVSS and State standards for school buses.

RIGHTS & REMEDIES FOR DEFAULT

1. In the event any item furnished by the vendor in the performance of the contract or purchase order shall fail to conform to the Specifications thereof, or the same submitted by the vendor with his bid, the Owner may reject the same, and it shall thereupon become the duty of the vendor to reclaim and remove the same forthwith, without expense to the Owner, and immediately to replace all such rejected items with others conforming to such Specifications or samples; providing that should the vendor fail, neglect, or refuse to do so the Owner shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items to deduct from any moneys due to that, may thereafter become due the vendor the difference between the prices named in the contact or purchase order and the actual cost thereof to the Owner. In the event the vendor shall fail to make prompt delivery as specified of any item, the same condition as to the rights of the Owner to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God, or the government.

2. The rights and remedies of the Owner provided above shall be exclusive and are in addition to any other rights and remedies provided by the law or under the contract.

BID RESULTS

Bid results are available for inspection in the Purchasing Office, Santa Clara County Office of Education, 1290 Ridder Park Drive, San Jose, California 95131-2398.

PRICE, TERMS AND CONDITIONS

Price, terms, and conditions of this bid are considered valid for sixty (60) days, from date of bid opening, unless the offering party in writing allows for a longer period to time.

1. Any cash discounts given to the Owner must be so stated on the bid.

2. Prompt payment discounts offered for payment within less than thirty (30) calendar days will not be considered in evaluating offers for award. However, offered discounts of less than thirty (30) days will be taken if payment is made within the discount period, even though not considered in the evaluation of offers.

3. In connection with any discount offered, time will be computed from date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received, if the latter is later than the date of delivery. Payment is deemed to be made for the purpose of earning the discount on the date of mailing the warrant or check.

MODIFICATIONS

Changes in or additions to the Bid Form, recapitulations of the work bid upon alternative proposals, or any other modifications of the Bid Form which is not specifically called for in the contract documents may result in the rejection of the bid as not being responsive to the Bid. No oral or telephonic modification of any bid submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the bid opening.

ERASURES

The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the initials of the persons signing the bid.

WITHDRAWAL OF BID

Bidders may withdraw their bid either personally, by written request, or by fax request confirmed in the manner specified above at any time prior to the scheduled closing time for receipt of bids.

INTERPRETATION OF PLANS AND DOCUMENTS

If a bidder for the proposed contract is in doubt as to the true meaning of any part of the specifications, or finds discrepancies in, or omissions from specifications, bidder may submit to the Purchasing Manager a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No oral interpretation of any provision in the contract documents will be made to any bidder.

BIDDERS INTERESTED IN MORE THAT ONE BID

No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a subproposal to a bidder, or that has quoted prices or materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders or making a prime proposal.

EVIDENCE OF RESPONSIBILITY

Upon the request of the Owner, a bidder whose bid is under consideration for award shall submit promptly to the Owner’s satisfaction evidence showing the bidder’s financial resources, experience, and organization for the performance of the contract.

LISTING SUBCONTRACTORS

Each bidder shall include with the sealed bid a list of the proposed subcontractors in this project as required by the Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following). Forms for this purpose are furnished with the contract documents.

AFFIRMATIVE ACTION

1. The bidder shall comply with the Owner Affirmative Action Employment Program adopted by the Board of Education on January 13, 1976, especially Section 12, Contract Compliance (a copy of the section attached hereto).