LAMAR CONSOLIDATED INDEPENDENTSCHOOL DISTRICT

ROSENBERG, TX

Request for Proposal

RFP NUMBER:

RFP NAME:

RFP DEADLINE:

Purchasing Department

Attention: Audrey Fox

3911 Avenue I

Rosenberg, TX77471

Telephone: 832-223-0165

Fax: 832-223-0167

(To be completed by bidders)

The undersigned agrees to hold allSIGNER’S NAME (PRINTED), TITLE

bid prices firm for acceptance, forAND ADDRESS:

calendar days after date of

opening.

PHONE #:

FAX #:

EMail:

LAMAR CONSOLIDATED INDEPENDENTSCHOOL DISTRICT

NOTICE OF “NO RESPONSE” FORM

RFP NUMBER:

RFP NAME:

LCISD is interested in receiving competitive pricing on all items it bids. We place significant value on quality vendors and we also desire to keep your firm as a bidder and a supplier of materials, equipment and/or services. Therefore, it is important for us to determine why you are not bidding on this contract item. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures.

I/WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS:

(Please place an X by one or more of the reasons listed below.)

1.Do not supply the requested product/service.

2.Quantities offered or scope of job is TOO SMALL to be supplied by my company.

3.Quantities offered or scope of job is TOO LARGE to be supplied by my company.

4.Specifications are “too tight” or appear to be written around a proprietary product. (Please elaborate on this item.)

5.Cannot bid against MANUFACTURERon this item.

6.Cannot bid against JOBBER on this item.

7.Time frame for bidding was too short. (Please elaborate on your primary reason for this judgment.)

8.Other . . .

IF YOU DID NOT BID and wish to remain on the Lamar Consolidated ISD bid list for this item, please indicate:

I wish to remain on the bid list.

I do not wish to remain on the bid list.

PLEASE RETURN THIS FORM ONLY TO:Lamar Consolidated ISD Purchasing Department

Notice of “No Bid”

3911 Avenue I

Rosenberg, TX 77471

VENDOR SIGNATURE:DATE:

PRINT NAME:COMPANY NAME:

PHONE NUMBER: ()FAX NUMBER: ()

E-MAIL ADDRESS:

Appendix A: Conditions, Disclosures and Notifications

General Terms & Conditions

Contractual Terms & Conditions

Special Terms & Conditions

Certificate of Residency

Conflict of Interest Disclosure

Felony Conviction Notification

Vendor Debarment Statement

Signed Notice Form

References & Bid Qualification

LAMAR CONSOLIDATED INDEPENDENTSCHOOL DISTRICT

GENERAL TERMS & CONDITIONS

A. BID TERMS AND CONDITIONS

ALL OF THE FOLLOWING PROVISIONS BECOME A PART OF THE TERMS AND CONDITIONS OF THIS BID UNLESS SUPERSEDED BY ANY ATTACHED TERMS AND SUPPLEMENTAL CONDITIONS (OR SPECIFICATIONS), IN WHICH CASE THE ATTACHED CONDITIONS PREVAIL. ANY EXCEPTIONS MUST BE IN WRITING.

  1. Bids shall be submitted on this form only and placed in a separate envelope, sealed and properly identified with bid title, number and bid opening date.
  2. All items to be quoted F.O.B. Lamar Consolidated I.S.D. Warehouse freight pre-paid. Title does not transfer to the School District until received at same. (If applicable, see “Special Conditions”).
  3. Sums of money shall be indicated both by Unit Cost and Total Cost when applicable. In case of discrepancy, the Unit Cost shall govern.
  4. Unless otherwise specified, all prices are to be firm prices. Other than firm prices will not be considered, however, cash discounts offered may be considered in determining the successful supplier. Cash discount period shall start from date of receipt of acceptable invoice or from date of receipt of acceptable material whichever is the later.
  5. Any catalog, brand name or manufacturer’s reference used herein is intended to be descriptive and not restrictive. Proposals on any reputable manufacturer’s regularly produced product which is similar and substantially equivalent will be considered. Lamar Consolidated I.S.D. reserves the right to make final decisions as to comparable items. Be very certain that items upon which you bid and deliver are EQUAL to items listed. Materials which are not equal shall be returned to the supplier transportation charges collect.
  6. Samples, when requested, must be furnished within five working days of the request at no cost to the District. If not destroyed in examination, they will be returned to the bidder on request at the vendor’s expense.
  7. Lamar Consolidated I.S.D. reserves the right to accept or reject all or any part of any bid, to waive technicalities and to award items to best serve the interest of the District. This inquiry implies no obligation on the part of the buyer, nor does the buyer’s silence imply an acceptance or rejection of any offer.
  8. It is understood and agreed that the District reserves the right to increase or decrease quantities or modify conditions and specifications by mutual agreement with the selected supplier, both at the time of acceptance of this quotation offer, as so modified, and subsequent thereto.
  9. Lamar Consolidated ISD is exempt from all applicable Federal and State Taxes. All Quotation offers and/or bids are to be made taking this fact into consideration.
  10. PLEASE NOTE CAREFULLY- Complete all information in spaces provided, otherwise your bid may not be considered.

GENERAL TERMS AND CONDITIONS (page 2)

  1. Deliveries under the terms of this bid will be in accordance with the dates indicated therein, except where no date is indicated, the vendor will enter the earliest assured date. It is understood and agreed that the delivery date and/or date of installation AFTER receipt of a purchase order is the seller’s best offer. In its acceptance of any offer, the district is relying on the promised delivery date and/or installation of material and basic to its acceptance, unless otherwise indicated. In the event of Seller’s failure to deliver as and when promised, the School District reserves the right to cancel its accepting order, or any part thereof, and seller agrees that the School District may return all or part of any shipment so made, and may charge seller with any loss or expense sustained as a result of such failure to deliver as promised. All goods are subject to inspection and return at the vendor’s expense if found to be inferior to those specified or promised.
  2. In the event any article to be sold or delivered, thereunder, is covered by any patent, copyright,trademark, or application, the seller shall indemnify and hold harmless the District from any and all loss, cost expenses and legal fees on account of any claims, legal actions, or judgments on account of manufacture, sale, or use of such article in violation infringement or the like of rights under such patent, copyright or application.
  3. The District shall not be responsible for any goods delivered or services performed without its purchase order signed by an authorized representative of the Purchasing Department.
  4. Vendors who do not bid, but wish to remain on our bid list, must notify the Lamar Consolidated I.S.D. Purchasing Department in writing using the enclosed “Notice of No Response” form. Failure to do so may result in removal form this list.
  5. CONFIDENTIAL OR TRADE SECRETS (Government Code, Article 252.049). If any of the information is considered to be confidential or a trade secret belonging to the offeror and, if released, would give advantage to a competitor or offeror, that information should be filed with the proposal in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.
  6. Electronic, telephone, telegram and facsimile bids are unacceptable.
  7. All items will be new and unused, unless otherwise specified, and in first class condition.
  8. In the event that Seller’s obligations hereunder require or contemplate performance of services by seller’s employees, or persons under contract to Seller, to be done on Purchaser’s property, the Seller agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the Purchaser. Seller shall maintain all necessary insurance coverage as required by statute as well as those coverage specifically enumerated within the bid document. Seller shall indemnify and save harmless and defend Purchaser from any and all claims or liabilities arising out of the work covered by this paragraph.
  9. All shipments and/or correspondence (i.e. cartons, packages, invoices, etc.) must bear the appropriate LCISD purchase order number on the outside.
  10. PAYMENT will be made upon receipt and acceptance by Lamar Consolidated ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA. Successful bidder(s) is required to pay subcontractors within ten (10) days.
  11. Seller agrees to not discriminate against a qualified individual with a disability. Seller also agrees to provide a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is equal to that afforded others involved in the program, service or activity.

GENERAL TERMS & CONDITIONS (page 3)

  1. The LamarConsolidatedIndependentSchool District shall give preference to small and minority firms, women’s business enterprise and labor surplus area firms as required by CFR, Title 34, Section 80.36 or when it is in the best interest of the District.
  2. EQUAL EMPLOYMENT OPPORTUNITIES LAWS. Successful bidder will be required to comply with applicable equal employment opportunity laws and regulations.
  3. No individual shall be excluded from participating in, denied the benefit of, subject to discrimination under, or denied employment in the administration of, or in connection with any such program because of race, color, religion, sex, national origin, age, handicap, or political application or belief.
  4. Any bid received after the time and date specified for opening shall not be considered.
  5. Lamar Consolidated ISD reserves the right to award items on this invitation in groups, “item by item”, or an “all or none” basis – whichever serves the interest of the district.
  6. CONTRACT. This bid, when properly accepted by Lamar Consolidated ISD, shall constitute an integral part of any contract, equally binding between the successful bidder and Lamar Consolidated ISD. No different or additional terms will become a part of this contract with the exception of Change Orders.
  7. EVALUATION CRITERIA. In determining whom to award a contract, the district shall consider: (1) the purchase price; (2) the reputation of the vendor and of the vendor’s goods or services; (3) the quality of the vendor’s goods or services; (4) the extent to which the goods or services meet the district’s needs; (5) the vendor’s past relationship with the district; (6) the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; (7) the long-term cost to the district to acquire the vendor’s goods or services; and (8) any other relevant factor as listed in the project documents.
  8. ALL VENDORS OR CONTRACTORS DOING BUSINESS WITH LAMAR CONSOLIDATED ISD must submit a Conflict of Interest Questionnaire if required no later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed as required by Local Government Code, Section 176.006. The form may be downloaded from the Lamar Consolidated ISD website at

THE UNDERSIGNED HEREBY:

Agrees to deliver the items specified herein in accordance with the terms, conditions, specifications and prices set forth.

FIRM:

AUTHORIZED SIGNATURE:

DATE:

  1. CONTRACTUAL TERMS AND CONDITIONS

Following award to the successful bidder, LCISD may require such Vendor to execute an agreement with LCISD, which may include the following contractual provisions. This list is not intended to be exhaustive, and LCISD reserves the right, prior to execution and approval of any agreement between the parties, to include any other contractual provisions that may be appropriate. Vendor understands and agrees that any terms and conditions submitted by Vendor as part of its bid are not incorporated into any agreement between Vendor and LCISD, and are hereby expressly excluded, unless such terms and conditions are restated herein below, or included in any final agreement executed between Vendor and the duly authorized representative of LCISD. In the event a separate agreement is not executed by LCISD and Vendor following the bid award, these Contractual Terms and Conditions, along with the above Bid Terms and Conditions and any LCISD Special Terms and Conditions of Insurance shall constitute the entire agreement governing the parties’ relationship.

1.Deliverables under this Agreement will be made in accordance with the deadlines indicated in the bid documents, or as otherwise amended in a properly executed Agreement between the parties. In the event of Vendor’s failure to deliver as and when promised, the LCISD reserves the right to cancel its order, or any part thereof, and Vendor agrees that the District may return all or part of any deliverable so made. In such event, LCISD may charge Vendor with any losses, damages or expenses incurred as a result of such failure to deliver as promised.

2.All furnished materials will be new and unused, unless otherwise specified, and in first class condition. All goods are subject to inspection and return at the Vendor’s expense if found to be inferior to those specified or promised.

3.Vendor expressly warrants that all goods or services furnished under this Agreement shall conform to all specifications and appropriate standards and shall be free from defects in material or workmanship. Vendor warrants that all such goods or services shall conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled.

4.In the event that Vendor’s obligations hereunder require or contemplate that performance of services by Vendor’s employees, or persons under contract to Vendor, be done on LCISD’s property, Vendor agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of LCISD. Vendor shall maintain all necessary insurance coverage as required by statute as well as those coverages specifically enumerated within the bid documents or LCISD Special Terms and Conditions of Insurance.

5.LCISD may not be held liable for non-funding of an expenditure caused through no fault of its own, and loss of funding to LCISD shall constitute grounds for termination of the parties’ contractual relationship by LCISD, in whole or in part, without penalty, pecuniary risk or further liability to LCISD.

6.If this is a renewable Agreement, the prices, terms, and conditions of this Agreement will govern all extensions and renewals with Vendor, unless mutually amended in writing and duly authorized by the parties.

7.TERMINATION FOR CAUSE. If at any time, Vendor fails to fulfill or abide by the terms and conditions or specifications of this Agreement, LCISD reserves the right, at its sole discretion, to do one or more of the following, as allowed by law:

  • purchase the goods or services on the open market and charge the Vendor the difference between the Agreement price and actual purchase price;
  • deduct any charges, losses or damages for non-performance or defective performance from existing or future invoice amounts due to Vendor;
  • terminate this Agreement upon thirty (30) days of written notification to Vendor and remove Vendor from the active proposal file for a period of time not less than one (1) year;
  • terminate this Agreement upon thirty (30) days of written notification and re-propose the goods or services;
  • terminate this Agreement upon thirty (30) days of written notification and award to next lower responsible bidder/offeror.

8.TERMINATION FOR CONVENIENCE:LCISD reserves the right to cancel this Agreement for convenience, in its sole discretion and without cause, at any time with upon (30) days written notice to Vendor. In the event of cancellation, Lamar Consolidated ISD will not be held responsible for loss of business or any termination expenses incurred by the Vendor.

9.Any certificates of Insurance furnished by the Vendor as evidence of the insurance maintained by him shall include a clause obligating the Insurer to give Lamar Consolidated Independent School District thirty (30) days prior written notice of cancellation or any material change in the insurance.

10.If, following seven (7) days written notice to Vendor identifying defective or nonconforming work, Vendor or its subcontractors fail to correct such defective or nonconforming work, LCISD may order the Vendor to stop further work, or any portion thereof, until the defect or nonconformance has been properly corrected by Vendor or its subcontractors.

11.Should the Vendor not proceed with the correction of defective or non-conforming work within three (3) additional days of LCISD’s order to stop further work, set forth in Paragraph 11 above, the Owner may cause the removal, repair or correction of the defective or nonconforming work and may charge all associated costs of the same to Vendor.

12.The Vendor shall not sub-contract, in whole or partially, any part of those services required to fulfill the terms of this Agreement without first obtaining written approval from LCISD.

13.The Vendor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.

14.Unless otherwise provided within those specifications of this bid, the Vendor shall secure and pay for any fees, licenses, or permits necessary for the successful completion and proper execution of the work, be it community, city, county, or state requirement.

15.All invoices for payment submitted by Vendor shall be accompanied by a detailed breakdown of all work performed and materials provided, by date and quantity.

16.Vendor agrees to provide and pay for all labor, materials, and equipment necessary for the proper execution and completion of work under this Agreement.

17.Vendor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work site any unfit person or anyone not skilled in the task assigned to him.

18.Vendor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations.

19.Vendor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: