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8.1.D. - Page 15 lust be accompanied with a certified cashier's check or bidder's bond for an <br /> tI11UU11L 11UL 1css than ten thousand dollars ($10,000). The check or bid bond shall be made <br /> payable to the order of the Palo Alto Unified School District. If the bid bond accompanies the <br /> proposal,the bond shall be secured by a surety company satisfactory to the District. Failure to <br /> provide bid security or bid security in the proper amount may result in rejection of the bid. <br /> 25. The quantities shown are approximate. The District reserves the right to increase or decrease <br /> quantities as desired. <br /> 26. A bid response to any specific item of this bid with terms such as negotiable, will negotiate or <br /> similar, will be considered as non-compliance with that specific term. <br /> 27. The bidder must hold harmless and fully indemnify the District, its Board of Trustees, officers, <br /> employees and agents from all damages or claims for damages, costs or expenses that may at <br /> any time arise out of the bidder's performance of, or failure to perform acts,required by the <br /> contract documents,including but not limited to infringement or use of any copyrighted <br /> composition, secret process,patented or unpatented invention, article or appliance furnished or <br /> used in connection with this bid. <br /> 28. In the event of any conflict or ambiguity between these instructions and state or federal law or <br /> regulations,the latter shall prevail. Additionally, all equipment to be supplied or services to be <br /> performed under the bid proposal shall conform to all applicable requirements of local, state <br /> and federal law. <br /> 29. If the bidder defaults, the District may procure the articles or services from other sources and <br /> may recover the loss occasioned thereby from any unpaid balance due the bidder or by <br /> proceeding against a bidder's bond, if any, or by suit against the bidder. The prices paid by the <br /> District shall be considered the prevailing market prices at the time such purchase is made. <br /> 30. In the event of litigation,the bid documents, specifications and related matter shall be governed <br /> by and construed in accordance with the laws of the State of California. Venue shall be with <br /> the appropriate state or federal court located in Santa Clara County. <br /> 32. The items sought by this bid proposal must be delivered in satisfactory condition to the location <br /> specified by the District in the bid proposal on or before delivery time as indicated by vendor. <br /> This time limit is of the essence of the contract. A bidder's failure to provide the items to the <br /> District by the contract date shall subject the bidder to liquidated damages in the amount of <br /> $1,000 for each and every calendar day by which completion is delayed beyond the contract <br /> date. <br /> Submission of a bid proposal constitutes the bidder's promise to pay liquidated damages as set <br /> forth above and the bidders agreement that the actual occurrence of damages and the actual <br /> amount of damages which the District would suffer if the requirements were not completed by <br /> the contract date is impracticable and extremely difficult to fix. Damages which the District <br /> would suffer in the event of delay are dependent on many circumstances and factors but would <br /> include the loss of use of the materials, disruption of school activities, cost of administration <br /> and supervision, and the loss suffered by the public and the District by reason of delay in <br /> completion of the contract. Accordingly, bidder agrees that the amount set forth herein as <br /> liquidated damages shall be presumed to be the amount of damages actually sustained by the <br /> bidder's failure to complete the project by the contract date. <br /> 12 OF 15 <br /> Bid No. 16-P-04-MOT <br />