The Lewisville Independent School District (INDISD) Of Texas

Transcription

1 LEWISVILLE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT PO BOX 217 LEWISVILLE, TX NOTICE TO BIDDERS CSP # SCOPE OF WORK: Lewisville Independent School District is requesting proposals for Building and Grounds Materials and Related Supplies. Firm Name Firm Address Authorized Company Contact Representative Name Address Date Phone Direct Phone Direct Sealed proposals will be received by the Purchasing Department of the Lewisville Independent School District until February 4, 2016 at 2:00pm CST for: BUILDING AND GROUNDS MATERIALS AND RELATED SUPPLIES Proposals will be opened at this time. Proposals received after this time and date will not be considered. The District is not responsible for unmarked or improperly marked proposals. The District is not responsible for proposals delivered after the scheduled deadline due to the external or internal mail system. The time and date recorded in the Purchasing Office shall be the official time of receipt. Sealed proposals must be properly labeled on the OUTSIDE of the envelope as follows: Mark Grossman, Senior Buyer William T Bolin Administrative Center Purchasing Department 1565 W. Main Street, Room 220 Lewisville, TX Competitive Sealed Proposal # Building and Grounds Materials and Related Supplies 1. If due to inclement weather, natural disaster, or for any other cause the District office location where bids/proposals are to be submitted is closed on the due date, the deadline for submission shall automatically be extended until the next District business day on which the office is open, unless the bidder is otherwise notified by the District. The time of day for submission shall remain the same. 2. Any requests for additional information pertaining to these specifications, should be directed in writing by fax or to Mark Grossman at fax number 214/ or - grossmanm@lisd.net by dates listed in the timetable. Publish: January 15 and 22, 2016

2 GENERAL CONDITIONS 1. Bids shall be completed on the forms provided. All prices must be typed or written in ink. Bids written in pencil will not be accepted. Each bid shall be placed in a separate envelope, sealed and properly identified with the bid title and the time and date to be opened as shown in the Notice to Bidders. Please note that the words proposal and bid may be used interchangeably throughout this packet but shall have the same meaning. The words bidder and vendor may also be used interchangeably. 2. Bids must be received in the Lewisville Independent School District Purchasing Department office before the hour and date specified. DO NOT FAX YOUR BID! The Lewisville Independent School District may also be referred to herein as Lewisville ISD, LISD, District or School District. If due to inclement weather, natural disaster, or for any other cause the District office location where bids/proposals are to be submitted is closed on the due date, the deadline for submission shall automatically be extended until the next District business day on which the office is open, unless the bidder is otherwise notified by the District. The time of day for submission shall remain the same. 3. Prices bid should be F.O.B. destination, inside delivery. All freight charges must be included in your bid pricing. If otherwise, state on Deviation/Compliance Signature form. 4. Delivery shall be made during normal school hours unless prior approval has been obtained from authorized District personnel. 5. All items bid must be new, unused, and in first-class condition, packaged in containers suitable for shipment and storage. If otherwise, state on Deviation/Compliance Signature form. All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or U L Laboratories. Materials Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS Sheets must be provided for each ordering department. MSDS Sheets must be delivered along with the shipment within the contract period. Additional MSDS Sheets must be provided in a timely manner at no charge upon request to the District. 6. Installation: The successful bidder shall provide the following services on the items bid at no additional cost to the District. If otherwise, state on Deviation/Compliance Signature form. a. Provide transportation of items to the facility. b. Place the items in the proper location within the facility. c. Uncrate and completely assemble (if otherwise, state on Deviation/Compliance Signature form). d. Provide adjustment by a trained installation mechanic. e. Remove all debris from site. 7. The District is exempt from Federal Excise Tax State and City Sales Tax. Do not include Federal Excise Tax, State or City Sales Tax in your bid totals. If it is determined that tax was included in the bid, it will not be included in the tabulation or any awards. LISD will furnish the tax exemption certificate, if required. 8. Any catalog, brand name, or manufacturer s reference used in the bid is descriptive and not restrictive and is intended to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced specifications, bid must show manufacturer, brand, model, etc. of item being offered. If other than brand(s) specified is offered, complete descriptive information of each article being bid should be included with the bid. If bidder takes no exception to the specification of referenced data, he will be required to furnish brand names, models, etc. as specified. 9. Samples, when requested, must be furnished at no cost to the District. Each sample, when requested, should be clearly marked with bidder s name and item number on the bid. DO NOT ENCLOSE IN OR ATTACH BID TO SAMPLE. 10. Lewisville Independent School District reserves the right to accept or reject any or all proposals, accept or reject any part of any bid, waive minor technicalities and to accept the bid or bids that are determined to be the best value for the District. REV 1/6/16 2

3 11. The District reserves the right to purchase or lease-purchase additional articles as listed on this bid subject to verification of the same or lower prices and conditions on bid. 12. All items and services being bid must conform to all appropriate local, state, and federal laws, ordinances, and regulations as well as LISD Board policies. 13. IT IS TO BE UNDERSTOOD THAT THE BIDDER, IF AWARDED AN ORDER OR CONTRACT, AGREES TO PROTECT, DEFEND, AND HOLD HARMLESS THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT AND ITS OFFICIALS AND EMPLOYEES FROM ANY SUITS OR DEMANDS FOR PAYMENT THAT MAY BE BROUGHT AGAINST LEWISVILLE INDEPENDENT SCHOOL DISTRICT AND ITS OFFICIALS AND EMPLOYEES FOR THE USE OF ANY PATENTED MATERIAL, PROCESS, ARTICLE, OR DEVICE THAT MAY ENTER INTO THE MANUFACTURE AND/OR CONSTRUCTION OR FROM A PART OF THE WORK COVERED BY EITHER ORDER OR CONTRACT AND, BIDDER FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE LEWISVILLE INDEPENDENT SCHOOL DISTRICT AND ITS OFFICIALS AND EMPLOYEES FROM SUITS OR ACTIONS OF EVERY NATURE AND DESCRIPTION BROUGHT AGAINST IT FOR, OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PARTY OR PARTIES BY, OR FOR ANY OF THE ACTS OF THE BIDDER, HIS EMPLOYEES, SERVANTS OR AGENTS. 14. It is not the policy of the District to purchase on the basis of low price alone. In evaluating bids submitted and per the Texas Education Code (b), the following considerations shall be taken into account to determine the best value for the District. a. the purchase price; b. the reputation of the vendor and of the vendor s goods or services; c. the quality of the vendor s goods or services; d. the extent to which the goods or services meet the district s needs; e. the vendor s past relationship with the district; f. the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; g. the total long-term cost to the district to acquire the vendor s goods or services; h. for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state; and i. any other relevant factor specifically listed in the request for bids and proposals. 15. Contact between bidders and LISD personnel or officials during the proposal process or evaluation process is prohibited. Any attempt by bidders during the proposal process to contact LISD personnel or officials may result in disqualification. All communications shall go through the LISD Purchasing Department during this competitive process. 16. Any contract awarded will be done in the best interest of Lewisville Independent School District. Additional information regarding contract award may be found in Specific Terms and Conditions Item # Any and all protest s regarding LISD bidding procedures will be governed by the Lewisville Independent School District Procedure for Protests". 18. The Lewisville Independent School District shall not be liable for non-funding of a contract. 19. Bidders not responding appropriately to Bid Requests or Requests for Proposals will be deleted from LISD s vendor list and will not be reinstated unless specifically requested by the bidder and approved by LISD. 20. All bidders must execute the Affidavit of Non-Collusion, Felony Conviction Notification, Bidder s Certificate, Debarment or Suspension Certification Form, Certification Regarding Lobbying, Clean Air & Water Act Form, Conflict of Interest Questionnaire, W-9 Form, Certificate of Interested Parties, EPCNT Interlocal Agreement Clause, and Deviation/Compliance Signature Form, or No Bid Notification enclosed herein for this bid to be considered. The name of the company representative on these forms should be the same, and must be an individual in a position with actual authority to bind the company submitting the bid. 3

4 21. Bid results and recommendations will be presented to the Lewisville Independent School District Board of Trustees for approval at the earliest reasonable opportunity following the bid/proposal opening if $20,000 or greater. 22. It is the policy of the Lewisville Independent School District not to discriminate on the basis of sex, disability, race, color, or national origin in its educational programs and/or activities, nor in its employment practices. 23. The bidder shall not sell, assign, transfer, or convey any contract resulting from this proposal, in whole or part, without prior written consent from the District. Any such consent shall not relieve the bidder of liability in the event of default by the assignee. 24. Awarded contracts may not be exclusive and may be awarded to multiple bidders. The District may issue multiple bids or requests for proposals in order to seek additional bidders for the same time period, in the best interest of the District. If needed, the District may also utilize federal and state contracts, interlocal cooperative contracts or any legal procurement method to procure the same or similar products and services. 25. CERTIFICATION: By signing this proposal the bidder certifies and warrants that: a. The bidder has not paid, or agreed to pay, any person or entity, other than bidder s bona fide employees, a fee, percentage, commission or brokerage resulting from the award of any contract resulting from this bid. For breach or violation of this warranty, LISD shall have the right in addition to any other right or rights to cancel a resulting contract without liability and to deduct or otherwise recover the full amount of such fee, percentage, commission or brokerage. b. The prices in this bid have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or potential bidder. 26. ERRORS OR OMISSIONS: The District is not responsible for any bidder s errors or omissions. 27. CONFIDENTIAL INFORMATION: If a bidder believes that a bid, proposal, offer, or specification contains information that should be withheld from public disclosure, a conspicuous statement advising LISD of the alleged confidentiality must be attached and noted on page one and on each and every page believed to contain confidential information. The District is bound by the Texas Public Information Act and shall in no event be liable to any bidder for release of information in accordance with the Texas Public Information Act. 28. ADDENDUM: In the event that any changes to this Bid Document occur subsequent to the mailing or other delivery of the original Bid Document, the changes or corrections will be made by addendum. It is your responsibility to obtain any addenda that pertains to this Bid Document. LISD is no longer mailing the specifications or addenda. 4

5 STANDARD TERMS AND CONDITIONS 1. CONTRACT AND PURCHASE ORDERS: Submitting a response to this Bid Document is an offer by bidder to contract with the Lewisville Independent School District based upon the Specifications and the Standard Terms and Conditions and other information contained in this Bid Document. A proposal or bid does not become a contract with LISD unless and until the offer is accepted by the LISD (including approval by the LISD Board of Trustees if necessary) through (a) an Award Letter sent to the bidder and put into effect by the issuance of a LISD Purchase Order(s) signed by an authorized representative of the LISD Purchasing Department; or (b) execution of a separate contract after acceptance by the LISD (including approval by the LISD Board of Trustees if necessary). If LISD and bidder enter into a contract by one of the methods discussed above, the following standard terms and conditions shall apply. If LISD and bidder do not enter into a contract as discussed above, these Standard Terms and Conditions shall not apply. This contract shall collectively include (1) a separate written contract, if applicable, (2) the Specific Terms and Conditions and the Specifications included in the Request for Proposals and any subsequent addenda thereto, (3) the bidder s signed Notice to Bidders and any other information included with the Request for Proposals, (4) the bidder s entire response to the Request for Proposals, (5) the bidder s Award Letter, if applicable, (6) and any additional terms, conditions, or instructions contained in each individual Purchase Order, if applicable. The contract shall be interpreted by and governed under the law of the State of Texas and venue for any disputes shall be in Denton County. 2. CONTRACT MODIFICATION: No modification of this contract shall bind LISD unless a written contract amendment is executed by LISD and bidder. 3. PACKING AND SHIPPING: (If applicable) vendor shall be responsible for industry standard packing which conforms to requirements of carrier s tariffs and ICC regulations. Containers must be clearly marked as to the purchase order number. All shipments are to be F.O.B. destination, freight prepaid, to Lewisville Independent School District at the specific address on the purchase order. Delivery shall be made during normal working hours only, 8:00am to 3:00pm, unless approval for late delivery has been obtained. 4. NO REPLACEMENT OF DEFECTIVE TENDER: (If applicable) every tender of goods must fully comply with all the provisions of this contract as to time of delivery, quantity, assortment, quality, and the like. If a tender is made which does not fully conform, this shall constitute a breach and vendor shall not have the right to substitute a conforming tender. 6. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: (If applicable) each installment or lot of this contract is dependent on every other installment or lot and delivery of non-conforming goods/services or a default of any nature under one installment or lot will impair the value of the whole contract and constitutes a breach of the contract as a whole. 7. GRATUITIES: LISD may, by written notice to the bidder, cancel this contract without liability to LISD if it is determined by LISD that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the bidder, or any agent, or representative of the bidder, to any officer or employee of the Lewisville Independent School District with a view toward securing a contract or an order or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such a contract or order. In the event this contract is canceled by LISD pursuant to this provision, LISD shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurrent by the bidder in providing such gratuities. 8. WARRANTIES: (If applicable) vendor warrants that all goods delivered under this contract will conform to the requirements of this contract (including all applicable descriptions, specifications, drawings, and samples), and will be free from defects in design and fit for the intended purposes. Any inspection or acceptance of the goods by buyer shall not alter or affect the obligations of vendor or the right of buyer under the foregoing warranties. 9. ASSIGNMENT-DELEGATION: No right or interest in this contract shall be assigned by bidder without the written permission of LISD, and no delegation of any duty of bidder shall be made without written permission of LISD. Any attempted assignment or delegation by bidder shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. 5

6 10. ASSIGNMENT-CLAIMS: Bidder and the Lewisville Independent School District recognize that in actual economic practice overcharges resulting from anti-trust violations are borne by LISD. Therefore, bidder hereby assigns to the District the right to pursue any and all claims for such overcharges. 11. ADVERTISING: If awarded the contract, bidder shall not advertise or publish, without LISD s prior written consent, the fact that LISD has entered into this contract, except to the extent necessary to comply with proper requests for information as required by law. 12. TITLE AND RISK OF LOSS: (If applicable) the title and risk of loss of the goods shall not pass to the District until the District actually receives the goods at the point of delivery. 13. INSPECTION: (If applicable) all goods are subject to final inspection and acceptable by the District. Material/services failing to meet the requirements of this contract will be held at vendor s risk and may be returned to vendor. If so returned, the cost of transportation, unpacking, inspection, repackaging, reshipping, or other like expenses are the responsibility of the vendor. 14. LIENS: All goods delivered and labor performed under this contract shall be free of all liens, and if the District requests, a formal release of all liens will be delivered to the District. 15. INDEMNIFY: BIDDER AGREES TO INDEMNIFY AND HOLD THE DISTRICT HARMLESS FROM ANY DAMAGE OR EXPENSE WHATSOEVER RESULTING TO THE DISTRICT FROM ANY AND ALL CLAIMS AND DEMANDS ON ACCOUNT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT IN CONNECTION WITH THE MANUFACTURE OF USE OF ANY PRODUCT INCLUDED IN THIS CONTRACT. UPON WRITTEN REQUESTS VENDOR WILL DEFEND, AT ITS OWN COST AND EXPENSE, ANY LEGAL ACTION OR SUIT AGAINST THE DISTRICT INVOLVING ANY SUCH ALLEGED PATENT INFRINGEMENT, AND WILL PAY AND SATISFY ANY AND ALL JUDGEMENTS OR DECREES RENDERED IN ANY SUCH LEGAL ACTIONS OR SUITS. BIDDER WILL INDEMNIFY LEWISVILLE INDEPENDENT SCHOOL DISTRICT AGAINST ALL CLAIMS FOR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM DEFECTS IN MATERIALS OR WORKMANSHIP. 16. REMEDIES AND APPLICABLE LAWS: This contract shall be governed by Lewisville Independent School District policies and LISD and bidder shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Texas, except as otherwise provided in this contract or in statutes pertaining specifically to the State or School District. Whenever the term Uniform Commercial Code is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this contract. This contract shall be governed by the laws of the State of Texas, and disputes pertaining to this contract may be brought only in the courts of the State of Texas in Denton County. 17. CONFLICT OF INTEREST: This contract is subject to cancellation by LISD if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of Lewisville Independent School District, is at any time while the contract is in effect, an employee of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 18. FORCE MAJEURE: Neither party shall be held responsible for losses resulting if the fulfillment of any terms or conditions of this contract are delayed or prevented by a cause not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent. 19. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party s intent to perform, he/she may demand that the other party give a written assurance of his/her intent to perform. In the event that demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract. 20. INTERPRETATION-PAROLE EVIDENCE: This contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to objection. Whenever a term defined by the Uniform Commercial Code is used in this contract, the definition contained in the Code is to control. 6

7 21. COMPLIANCE OF LAWS: The final contract must be in compliance with all federal laws and Texas laws and regulations and is subject to termination by the Lewisville Independent School District, including termination for non-availability of funding and for prepayment, without penalty. 22. CHOICE OF LAW: The parties hereby agree that this contract was negotiated, made and entered into in the State of Texas and under the laws of the State of Texas. 23. INFRINGEMENT: Bidder agrees to protect and defend Lewisville Independent School District from claims involving infringement. 24. SPECIFICATIONS: Specifications define the minimum acceptable standard. 25. REMEDIES FOR NON-PERFORMANCE OF CONTRACT AND TERMINATION OF CONTRACT FOR CAUSE: If the bidder cannot comply with the terms and conditions in fulfilling its contract as anticipated, the bidder must supply the same products or services contracted from other sources at the contract price. The bidder s refusal or delay in satisfying this provision will constitute a material breach of contract, whereupon the LISD may terminate the contract for cause as provided herein. If any delay or failure of performance is caused by a Force Majeure event as described in Section 10 of these Standard Terms and Conditions, the LISD may, in its sole discretion, terminate this contract in whole or part. Except as otherwise provided herein, this contract may be terminated for cause in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination for cause may be implemented unless and until the other party is given (1) at least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate for cause, and (2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to such termination. Valid causes for termination of this contract will include, but are not limited to: (a) The bidder s failure to adhere to any of the provisions of the General Conditions and Standard Terms and Conditions contained in this Request for Proposals. (b) The bidder delivering any product(s) that fails to meet the Specifications relating to the awarded product(s). (c) The bidder delivering any substitution(s) of product(s) different than those originally bid and awarded without the prior written approval of LISD. (d) Bidder s noncompliance with any additional terms, conditions, or instructions contained in a separate contract or contained in any individual Purchase Order issued by the LISD. 26. ORDER OF PRECEDENCE: In the event of conflict between documents, the following order of precedence shall prevail: 1) terms and conditions set forth in a separate written contract by LISD, if applicable, 2) the Standard Terms and Conditions contained herein, 3) provisions set forth in the specifications as well as any addenda thereto, 4) any other terms, conditions, or instructions contained in each individual purchase order, if applicable, 5) the general bidding instructions to bidders, including the General Conditions; and 6) bidder s response to the Bid. 27. EXTENSION/NON-APPROPRIATIONS CLAUSE: This contract shall be as listed in the Specific Terms and Conditions, #2, provided however, at the sole option of the District, upon the District giving bidder written notice of the intention to renew not later than the expiration of the then current term, provided that at the time the District gives written notice of renewal the bidder is not in default and the contract has not been terminated. If the bidder does not intend to renew the contract, bidder shall provide the District with written notice via certified mail (return receipt requested) at least ninety (90) days prior to the expiration of the then current term. Negotiations for additional terms and price restructuring shall be completed no later than thirty (30) days prior to renewal date unless approved by the District. Price negotiations may be negotiated to prices below the current prices. The District has the right to terminate this contract for convenience, without penalty, following delivery of written notice to the bidder with fifteen (15) days notification. 7

8 FORM A AFFIDAVIT OF NON COLLUSION The undersigned certifies that the bid/proposal prices contained in this proposal have been carefully checked and are submitted as correct and final and if the bid/proposal is accepted (within 90 days unless otherwise noted by bidder), agrees to furnish any and/or all services upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of, on the day personally appeared who, after having first been duly sworn, upon oath did depose and say; That the foregoing proposal submitted by Hereinafter called Bidder is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name and Address of Bidder: Telephone Number Fax Number Signature Name: Title: SWORN TO AND SUBSCRIBED BEFORE ME THIS day of, 20 Notary Public in and for the State of Company Name 8

9 FORM B FELONY CONVICTION NOTIFICATION Section , Texas Education Code, Notification of Criminal History, Subsection (a), states A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This Notice is Not Required of a Publicly-Held Corporation CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES Bidder shall review , Texas Education Code and 19 Texas Administrative Code and regarding criminal history checks of school contractor employees. The rules define continuing duties related to contracted services, direct contact with students, covered contract employee and other relevant terms within the statute. Except as otherwise provided herein, Contractor will obtain and certify in writing, before work begins, and at least annually, that the Contractor has received all criminal history record information that relates to an employee, applicant, agent or Subcontractor of the Contractor or a Subcontractor, if the person has or will have continuing duties related to the contracted services, and the duties are or will be performed on LISD s property where students are regularly present or at another location where students are regularly present. Contractor shall assume all expenses associated with the background checks and shall immediately remove any employee or agent who was convicted of, received probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from LISD s property or other location where students are regularly present. LISD shall determine what constitutes moral turpitude or a location where students are regularly present. Contractor or sub-contractors may not work on LISD property where students are present when they have been convicted, received probation or deferred adjudication for the following felony offenses: 1. Any offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school; 2. Any sex offense; 3. Any crimes against persons involving: a. Controlled substances; or b. Property; or 4. Any other offense LISD believes might compromise the safety of students, employees or property. Please complete the information below: I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions and criminal history checks for the company employees, agents, or subcontractors that will be on LISD campuses have been reviewed by me, and shall be complied with, and the following information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (please print or type): A. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official: Date: B. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Signature of Company Official: (Name should be the same as on Form A Affidavit of Non Collusion) Date: C. My firm is a publicly held corporation, therefore, this reporting requirement is not applicable. Signature of Company Official: Date: 9

10 FORM C BIDDER S CERTIFICATION Texas Government Code Chapter 2252 relates to bids by nonresident contractors. The pertinent portions of the Act are as follows: Section (3) Nonresident bidder refers to a person who is not a resident. Section (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section , as amended by H.B. 3648, 83 rd Legislature (2013 Regular Session): AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the greater of the following: (1) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located; or (2) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed. Section , as amended by H.B. 1050, 83 rd Legislature (2013 Regular Session): AWARD OF CONTRACT TO NONRESIDENT BIDDER: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (1) the state in which the nonresident s principal place of business is located; or (2) a state in which the nonresident is a resident manufacturer. I certify that (Company Name) is a Resident Bidder of Texas as defined in Texas Government Code Section Signature Print Name I certify that (Company Name) is a Nonresident Bidder of Texas as defined in Texas Government Code Section and (1) our principal place of business is: (2) a state in which we are a resident manufacturer: (City and State) (State) (3) the state in which a majority of the manufacturing relating to the contract will be performed: Signature Print Name State) 10

11 FORM D DEBARMENT OR SUSPENSION CERTIFICATION FORM Non-Federal entities are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement of goods or services equal to or in excess of $25,000. Contractors receiving individual awards of $25,000 or more and all sub-recipients must certify that the organizations and its principals are not suspended or debarred. By submitting this offer and signing this certificate, this bidder: Certifies that no suspension or debarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule ( _.36). Vendor Name: Vendor Address: Vendor Telephone: Authorized Company Official s Name: (printed) Signature of Company Official: Date: 11

12 FORM E Certification Regarding Lobbying Applicable to Grants, Sub-Grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds. Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Date 12

13 FORM F Clean Air & Water Act I, the Proposer, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. Proposer Name Title of Authorized Representative Mailing Address Signature 13

14 FORM G 14

15 FORM H 15

16 FORM H (page 2) 16

17 FORM H (page 3) 17

18 FORM H (page 4) 18

19 FORM I 19

20 FORM J INTERLOCAL AGREEMENT CLAUSE Several governmental entities around the Lewisville Independent School District have indicated an interest in participating under any resulting contract. Should these governmental entities decide to under any resulting contract, would you, (the vendor) agree that all terms, conditions, specifications, and pricing contained herein would apply? Yes No If you (the Vendor) checked yes, the following will apply: Governmental entities utilizing interlocal agreements with the Lewisville Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entity other than Lewisville Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Lewisville Independent School District will not be responsible for another governmental entity s debts. Each governmental entity will order its own material/service as needed. For information regarding the Educational Purchasing Cooperative of North Texas, please visit their website at the following address: Company Name: (Typed or printed) Title of Authorized Representative: (Typed or printed) Signature of Authorized Company Official: Date Signed: 20

21 FORM K DEVIATION/COMPLIANCE SIGNATURE FORM COMPANY NAME ADDRESS CITY STATE PHONE NUMBER FAX NUMBER If the bidder intends to deviate from the General Conditions, Standard Terms and Conditions, Specifications, or any other information listed in this Request for Proposals, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the bidder assures the District of bidder s full compliance with the General Conditions, Standard Terms and Conditions, Specifications, and all other information contained in this Request for Proposals. No Deviation Yes Deviations If yes is checked, please list below. 21

22 FORM L NO BID NOTIFICATION VENDOR NAME ADDRESS AGENT S NAME BID NUMBER DESCRIPTION The Lewisville Independent School District is interested in receiving competitive pricing on all items bid. We also desire to keep your firm as a bidder and supplier of materials, equipment, and services. Therefore, it is important for us to determine why you are not bidding. We will analyze your input carefully and try to determine if future changes are needed in our specifications and/or procedures. I did not bid for the following reason: (PLEASE CHECK ONE OF THE LISTED REASONS) Do not supply the requested product or service Quantities offered are too small or too large to be supplied by my company. (please circle one of the underlined) Specifications are too tight or written around a particular product. (Please elaborate) Cannot bid against manufacturer or jobber on this item. (please circle one of the underlined) Time frame for bidding was too short for my company. Not previously awarded a contract by LISD when you felt you were low bidder or offered best value to LISD. Other: Please indicate your choice for future notifications. I wish to be notified.* I do not wish to be notified. *The Lewisville ISD will make an effort to notify your company, but your selection to be notified does not state or imply a guarantee of notification by the Lewisville ISD. The signing of this form confirms your company is not submitting a proposal and cannot be an awarded vendor for this bid. Do not sign or return this form if your company intends to participate in this bid. SIGNATURE DATE 22

23 FORMS CHECKLIST COMPLETION Completed Affidavit of Non Collusion - Form A Completed Felony Conviction Notification - Form B Completed Bidder s Certification Form C Completed Debarment or Suspension Certification Form Form D Completed - Certification Regarding Lobbying - Form E Completed - Clean Air & Water Act Form F Completed Conflict of Interest Questionnaire (CIQ) Form G Completed W-9 Request for Taxpayer Identification Number Form H Completed Certificate of Interested Parties Form I Completed EPCNT Interlocal Agreement Clause Form J Completed Deviation/Compliance Signature Form K No Bid Notification Form L** **Do not sign or return this form if your company intends to participate in this bid. or 23

24 LEWISVILLE INDEPENDENT SCHOOL DISTRICT BUILDING AND GROUNDS MATERIALS AND RELATED SUPPLIES CONDITIONS page 1 CSP # SCOPE OF WORK: Lewisville Independent School District is requesting competitive sealed proposals (CSP) to establish a store discount supply contract for the purchase of building and grounds materials and supplies, to include, but not limited to: plywood and lumber, metal studs and track, sheetrock and insulation, hardware and carpentry supplies, ceiling tile and grid material, appliances, plants, plumbing, HVAC, tools, grounds equipment, parts, and supplies, etc. These items will be purchased for school activities and facility upkeep. This bid may be available for members of the Educational Purchasing Cooperative of North Texas to utilize. There are currently over seventy members made up of school districts in Region X and Region XI. A list of current members can be found at the coop s website SPECIFIC TERMS AND CONDITIONS 1. This contract may be awarded to primary and secondary vendors, multiple vendors, line item, or in total as determined to be the best value to Lewisville Independent School District. Lewisville Independent School District reserves the right to negotiate with any or all respondents and accept or reject any and/or all proposals, to waive any formalities and/or irregularities and to award in the best interest of the School District. 2. Length of Contract: All responses to this CSP shall be for a one year (1) agreement between the District and the awarded vendor(s) with four (4) optional one year extensions, based on the long-range needs of the District and mutual consent of both parties, not to exceed five (5) years total. 3. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. 4. Final evaluation of this proposal will be based on the Texas Educational Code (b). Evaluation of pricing will be based on Unit Price values to be submitted on the PRICING SHEET. Point Evaluation Criteria Value Purchase Price 40 Reputation of the vendor and of the vendor s goods or services 10 Quality of the vendor s goods or services 10 Extent to which the goods or services meet the district s needs 20 Vendor s past relationship with the district 3 Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses 0 Principal place of business or number of employees in the State of Texas 0 Total long-term cost to the district 7 Other relevant factors specifically listed in this CSP 10 Total Points Timetable: Release CSP January 15, 2016 Deadline for Questions January 26, 2016 Noon CST Respond to Questions by January 28, 2016 Deadline for Submittal of Proposal February 4, :00pm CST Tentative Recommendation to Board (if needed) March 14, LISD Communications: Contact between vendors and LISD personnel or officials during the proposal process or evaluation process is prohibited. Any attempt by vendors during the proposal process to contact LISD personnel or officials may result in disqualification. All communications shall go through the LISD Purchasing Department during this competitive process. Questions received and the corresponding answers will be distributed to all bidders. No verbal responses will be provided. The deadline for questions about this proposal is stated in the timetable above and LISD will not respond to questions after said time and date. Responses to questions will be posted in the form of an addendum to this CSP on the LISD Purchasing website as stated in the timetable. The vendors will be responsible for checking the LISD Purchasing website for any posted addenda. 7. Proposal Submittal: One original and two (2) copies of the proposal must be sealed in an envelope clearly marked on the outside with CSP # Building and Grounds Materials and Related Supplies.

25 LEWISVILLE INDEPENDENT SCHOOL DISTRICT BUILDING AND GROUNDS MATERIALS AND RELATED SUPPLIES CONDITIONS page 2 CSP # Acceptance: Lewisville Independent School District reserves the right to accept or reject any or all proposals, accept or reject any part of any proposal, waive minor technicalities and to accept the proposal or proposals that are determined to be the best value for the District. Contract, to awarded vendor, will be based on the determined "Best Value for the District". 9. Contract shall be put into effect by means of purchase order(s) executed by the District after proposal has been awarded. NO additional contracts will be accepted. Orders may also be placed by district credit card. 10. The District has the right to terminate this contract for convenience, without penalty, if the District fails to appropriate funds or provide for an annual renewal of a contract, following delivery of notice to the vendor specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. 11. Transfer or assignment of contract by vendor is prohibited except as otherwise provided in this contract. 12. All invoices must be submitted to LISD s Billing address: Lewisville ISD Attn: Accounts Payable P O Box 217 Lewisville, TX If your company uses any other billing address, Lewisville ISD will not be responsible for late payments, service charges, etc. LISD s purchase order number must be referenced on any invoice and itemized by location. 13. The Lewisville Independent School District reserves the right to use and duplicate as often as necessary any material that is submitted by the awarded vendor. 14. Provide LISD with order information on where purchase orders are to be sent: Company Name PO/Street Address City/State/Zip Code Phone Number Fax Number 15. Provide LISD with remit information on where payments are to be sent: Company Name PO/Street Address Phone Number City/State/Zip Code Fax Number. 16. Does your company accept purchase orders by ? Yes No If yes, please provide the address: 17. Provide LISD with contact information: (Name) Main Contact: Title: (Name) Invoicing Contact: Title: Phone: Fax: Phone: Fax:

26 LEWISVILLE INDEPENDENT SCHOOL DISTRICT BUILDING AND GROUNDS MATERIALS AND RELATED SUPPLIES CONDITIONS page 3 CSP # The Lewisville Independent School District has implemented an electronic payment solution allowing the District to pay invoices electronically. LISD currently pays all invoices thirty (30) days after receipt of invoice via check through standard USPS. Should the District choose to pay you via an electronic payment solution, the payment time may be drastically reduced. This electronic payment process uses the backbone of the Visa/MasterCard network and the vendor s payment gateway agreements. *Note* LISD will not be held responsible for fees, if any, associated by the vendor s payment gateway provider for acceptance and use of this payment process. Will your company accept use of this electronic payment process? Yes No If yes, Please provide the following information: or fax number where the payment can be processed: Contact name for payment processing: Contact phone for payment processing: Name of individual for authorizing use of this payment form: Phone of individual for authorizing use of this payment form: Title of individual authorizing use of this payment form: Signature of individual authorizing use of this payment form: 19. What are your days and hours of operation? 20. Do you offer these services and supplies to other school districts in Texas? Yes No Is your price structure consistent with these districts? Yes No 21. References: Please provide three (3) references, preferably from school districts in the Dallas Fort Worth area, who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE LISD OR LISD EMPLOYEES AS A REFERENCE. A. School District Contact Person Address Telephone # B. School District Contact Person Address Telephone # C. School District Contact Person Address Telephone # 22. INSURANCE: Copies of the successful contractor s liability insurance and workman s compensation certificates are required. This certificate does not amend, extend or alter the coverage afforded by the policies below and required of the vendor. Insurance Requirements: Limits: A. General Liability General Aggregate $1,000,000 Products - Comp/or Agg. $1,000,000 Commercial General Liability Personal & Adv. Injury $1,000,000 Claims Made Occur. Each Occurrence $1,000,000 Owner's & Contractor's Prot. Fire Damage (Any one fire) $ 50,000 Med. Expense (Any one person) $ 5,000 B. Umbrella form - Excess liability State the limits that your company carries.