NOTICE TO PROPOSERS · 4/28/2017 · composition tile as specified. It is preferable the awarded...

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ALDINE INDEPENDENT SCHOOL DISTRICT

Carlotta Nicholas, Director of Purchasing 2520 W.W. Thorne Blvd.

Houston, TX 77073 Phone 281-985-6141 Fax 281-985-6399

NOTICE TO PROPOSERS Aldine Independent School District is accepting sealed Requests for Proposals (hereafter referred to as RFP or proposal) for Carpet, Vinyl Composition Tile and Rubber Base Renovations until April 28, 2017 at 2:00 pm, upon which proposals will be opened in the district’s board room and responding vendor names will be read aloud. Method of Delivery Proposals must be sealed and delivered in person, by certified mail, or via courier to: ALDINE INDEPENDENT SCHOOL DISTRICT, ATTN: PURCHASING DEPARTMENT 2520 W.W. Thorne Blvd., Sonny Donaldson Administration Building, Houston, TX 77073 no later than the April 28, 2017 at 2:00 pm. Proposal Envelopes must be sealed and plainly marked as described below: PROPOSAL: Carpet, Vinyl Composition Tile and Rubber Base Renovations RFP#: BDP 1617-14 COMPANY NAME: _________________________________________ DO NOT OPEN UNTIL: April 28, 2017 at 2:00 pm Disqualified Proposals Proposals received later than the specified time, whether delivered in person or mailed, will be disqualified and returned. Faxed or emailed proposals do not meet the sealed proposal requirement and will also be disqualified. Bid Tabulations After the proposal is awarded by the Board of Trustees, a tabulation summary will be posted to the district’s website, under “Community”, “Vendors”, “Vendor Bids”, “Bid Tabulations”. http://www.aldineisd.org/cms/One.aspx?portalId=750&pageId=45105 Aldine ISD reserves the right to accept or reject any/or all proposals or to make awards as they appear to be advantageous to the district and to waive any and all informalities.

Addendums Responding participants should periodically check the district’s website www.aldineisd.org for any addendum clarifications that may occur prior to the proposal due date. (See, “Community” “Vendor”, then “Vendor Bids”). Questions regarding the proposal are to be submitted in writing to Emitte Roque, [email protected], and Rayvan Harris, [email protected], and copy [email protected]

http://www.aldineisd.org/cms/One.aspx?portalId=750&pageId=45105

mailto:[email protected]



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TABLE OF CONTENT

Scope of Services Page 3 Special Terms and Conditions Page 4

Carpet, Vinyl Composition, & Rubber Base Specifications

General Terms and Conditions

Insurance & Bond Requirements

Interlocal Agreement With Other School Districts Through the Central Texas Purchasing Alliance

Page 5-10

Page 11-16

Page 17-18

Page 19

Edgar Certifications Addendum For Agreement Funded By U.S. Federal Grant Page 20-23

Proposal Form Page 24-27

Deviations Form Page 28

No Submission Form Page 29

References Page 30

Supplier Code of Ethics Page 31-32

Statement of Non Discrimination Page 33

Representations and Certifications Page 34

Felony Conviction Notice Form Page 35

Covenants against Gratuities/Parent Company Information Page 36

Certification of Independent Price Determination/Certification of Non-Collusion Page 37

Communications Certification Page 38

Signature Block Page 39

Conflict of Interest Questionnaire Requirement Page 40

Certificate of Interested Parties (Form 1295) Page 41-43

Criminal Background Fingerprint Requirement Page 44

HUB Certification Page 45

Agreement Terms Page 46

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SCOPE OF SERVICES CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17 It is the intention of Aldine Independent School District (Aldine ISD) to establish an annual contract with a qualified vendor that meets our terms, conditions, and specifications for carpet, vinyl composition tile and rubber base renovations as specified herein, or equal. Using the specified evaluation criteria, Aldine ISD personnel will decide which vendor’s services offers the best value for the District. The annual expenditure for these services in 2015-16 was $508,744.95 with the awarded vendor Innovative Flooring. This amount, however, should not be construed to be guarantee of either minimum or maximum dollar amounts to be spent. Aldine ISD cannot guarantee the number of times that services will be needed. Aldine ISD consists of 111 square miles in Northwest Harris County, Texas with 75 schools and 14 Administrative facilities some within the city and some in the county which all have a frequent need for renovation services. If awarded, the contract will exist for one year with an option to renew for two additional years if agreed in writing by both Aldine ISD and the contracted vendor. Unit pricing shall be guaranteed for this time. All prices shall be subject to verification. Proposals shall not exceed 3 years. The evaluation criteria specified herein will be used to determine which of the proposals provide the best quality for Aldine ISD. Aldine ISD reserves the right to request post-proposal modifications, including best and final offers. Proposals submitted that are not in accordance with the terms and conditions of this proposal will not be considered for evaluation or award. The district reserves the right to require additional information from Proposers and to conduct necessary investigations to determine services or product reliability, Proposers performance and to determine the accuracy of Proposer information.

Aldine ISD also reserves the right to reject any or all proposals, to waive any technicalities, and to accept the proposal(s) that are determined to be most advantageous to Aldine Independent School District. Recognizing that there are other important considerations other than price, Aldine ISD may not necessarily award to the lowest proposer.

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SPECIAL TERMS AND CONDITIONS CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17 Evaluation Criteria

1. Pricing 2. Quality of product 3. Suitability for the intended use 4. Probability for continuous availability 5. Vendor’s service 6. References

For additional evaluation criteria see page 12, General Terms and Conditions, 1.11.0 Evaluation of Bids

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CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS RFP# BPD 1617-17

CARPET SPECIFICATIONS

The awarded supplier must demonstrate past and current capability to consistently furnish all labor, material, incidentals, and equipment necessary to complete installation of all carpet as specified. It is preferable the awarded vendor has contracted services with hospitals, schools, municipals, state, or other government institutions for at least two years OR be able to provide evidence of other contract references similar to this proposal. Product: TANDUS -CENTIVA, Style, Applause III, Color: Moody Blues or Equal

Surface Loop: Level Loop

Width: 6 feet (1.8m)

Backing System: Powerbond 5/32” Cushion Backing System with RS

Backing: Closed Cell Vinyl Cushion (ASTM D 1667-70 Weight – 35.5 oz/sq. yd Powerbond Cushion RS

Warranties: Lifetime Limited Warranty Wear Edge Ravel Delamination Zippering Resiliency Static Installer’s warranty is to be 1 year. Installer must be approved and certified by manufacturer

1.1 Samples: Submit manufacturer’s sample, 18 x18 in

1.2 Maintenance Material: a. Deliver usable overage of powerbond, 1% owners attic stock upon completion and

acceptance of installation.

b. Store in delivery cartons, properly marked, where directed by Owner.

1.3 Delivery, Storage and Handling: a. Deliver carpet in rolls covered with original mill protective wrapping.

b. Deliver with register number properly marked on each roll.

c. Store flat in dry, protected, well-ventilated areas.

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CARPET SPECIFICATIONS (continued)

1.4 Carpet Installation: a. Install carpet using RS application in strict accordance with carpet manufacturer’s printed

recommendations, including proper methods of laying, fitting and seaming carpet.

b. Neatly trim edgings of carpet for tight fit to walls and base; cut and fit evenly around projections and into trim strips.

c. Fit closely and evenly to, in and through doorway, terminating carpet under doors.

d. Lay carpet with a minimum of seams in accordance with specifications. Do not use small carpet fill strips. Do not place seams perpendicular to doors or entries. Minimize seams in traffic lanes.

e. Cross seams necessary due to layout of areas shall be absolute minimum.

f. Cross seams necessary due to length of rolls received shall be placed in cutting to avoid occurrence at conspicuous locations, near door or at pivot points.

g. After seaming, roll material with 100 lb. roller in both length and width directions. Install edge strip where carpet meets other flooring materials, including door opening locations. Trim toe of reducer to same thickness as adjacent flooring material.

h. Neatly cut carpet around floor openings, electrical outlets and other projections.

i. Leave finished installation smooth and free of ripples, puckers, open seams or other visual defects.

1.5 Protection and Cleaning: Remove spots and seamers of adhesive from carpet with cleaning agent. Replace stained or damaged carpet.

a. Remove rubbish, wrapping papers and debris.

b. Upon completion, vacuum with a pile lifter or commercial beater-bar type vacuum cleaner.

c. For replacement and repairs, furnish Owner all usable scraps in appropriate wrapping, labeled, and delivered to job site.

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RESILIENT VINYL COMPOSITION TILE SPECIFICATIONS

The awarded supplier must demonstrate past and current capability to consistently furnish all labor, material, incidentals, and equipment necessary to complete installation of all resilient vinyl composition tile as specified. It is preferable the awarded vendor has contracted services with hospitals, schools, municipals, state, or other government institutions for at least two years OR be able to provide evidence of other contract references similar to this proposal.

Product: Expressions by Tarkett or Equal 1.1 Resilient Vinyl Composition Tile Flooring

Wear layer/Overall thickness: 1/8" (3.2 mm)

Tile sizes: 12" x 12" (30.5 cm x 30.5 cm)

Slip Resistance: ADA Compliant

ASTM F 970, Standard Test Method for Static Load Limit – 150 PSI

ASTM E 648, Standard Test method for Critical Radiant Flux of 0.45 watts/cm2 or greater, Class I

Warranty: 5 year Manufacture's Warranty

Tarkett EXPRESSIONS may be installed with SpraySmart System

1.2 Installation Materials a. Trowel-able Leveling and Patching Compounds: Latex-modified, Portland cement based or

blended hydraulic-cement-based formulation.

b. Adhesives: As recommended by Tarkett to meet site conditions. Vinyl Composition Tile:

1. Tarkett 100 Clear Thin Spread Adhesive

2. Tarkett 940 Two-Part Polyurethane Adhesive

3. Tarkett 122 SpraySmart Adhesive (up to 8 pounds calcium chloride \ 90% relative humidity and less than 11 pH)

1.3 Preparation Prepare Substrates according to ASTM F 710 including the following:

a. Moisture Testing: Perform tests recommended by manufacturer. Proceed with installation only after substrates pass testing.

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RESILIENT VINYL COMPOSITION TILE SPECIFICATIONS (continued)

1. Perform anhydrous calcium chloride test, ASTM F 1869. Results must not exceed 5 lbs. Moisture Vapor Emission Rate per 1,000 sq. ft. in 24 hours.

– or –

2. Perform relative humidity test using in situ probes, ASTM F 2170. Results must not exceed 80%.

Special Note: If MVER is greater than 80% but less than 90% see requirements for Tarkett SpraySmart Adhesive. b. A pH test for alkalinity must be conducted. Results should range between 7 and 9. If

the test results are not within the acceptable range of 7 to 9, the installation must not proceed until the problem has been corrected.

Special Note: If pH reading exceeds 9 but less than 11 see requirements for Tarkett SpraySmart Adhesive.

c. Alkalinity and Adhesion Testing: Perform tests recommended by manufacturer.

3. Wood subfloors must have a minimum 18" (45.7 cm) of cross-ventilated space beneath the bottom of the joist.

a. The floor must be rigid, free of movement.

b. Single wood and tongue and groove subfloors should be covered with ¼" (6.4 or ½" (12.7 mm) APA approved underlayment plywood.

1. Use ¼" (6.4 mm) thick underlayment panels for boards with a face width of 3" (76 mm) or less.

2. Use ½" (12.7 mm) thick underlayment panels for boards with a face width wider than 3" (76 mm).

b. Do not install over OSB (Oriented Strand Board), particle board, chipboard, lauan or composite type underlayments.

1.4 Resilient Tile Flooring Installation a. Comply with manufacturer's written instructions for installing resilient tile flooring.

b. Vinyl Composition Tile Flooring: 1. Install with Azrock/Tarkett adhesive specified for the site conditions and

follow adhesive label for proper use.

2. Follow Azrock's recommendation for Quarter Turn tiles.

3. Open enough cartons of floor tiles to cover each area, and mix tile to ensure shade variations do not occur within any one area.

4. Roll the flooring in both directions using a 100 pound three-section roller.

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RESILIENT VINYL COMPOSITION TILE SPECIFICATIONS (continued)

1.5 Cleaning And Protection

a Protect resilient products from mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period.

b. No traffic for 24 hours after installation. Special Note: When Tarkett SpraySmart Adhesive is used traffic may be allowed immediately

after installation

c. No heavy traffic, rolling loads, or furniture placement for 72 hours after installation. Special Note: When Tarkett SpraySmart Adhesive is used traffic may be allowed immediately

after installation

d. Wait 72 hours after installation before performing initial cleaning. Special Note: When Tarkett SpraySmart Adhesive is used maintenance may be started

immediately after installation.

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CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17

RUBBER BASE SPECIFICATIONS

1.1 Acceptable Manufacturers: a. Burke Mercer Flooring Products, A Div. of Burke Industries

b. Roppe Corp.

c. Marley Flexco (USA), Inc.

d. Johnsonite, Inc.

1.2 Characteristics: a. Type: Minimum 48% rubber, 100% vulcanized; meeting ASTM F1861-02, Type TS

Thermoset Vulcanized Rubber SBR

b. Length: Minimum 100’0” rolls

c. Thickness: 1/8”

d. Height: 4” and 6”

e. Style: Coved

f. Colors: Varies

1.3 Installation of Base: a. Workmanship:

1. Unroll base material and allow to relax for 24 hours, minimum, prior to installation. Cut into lengths for minimum number of joints. Double-cut adjoining lengths.

2. Install with tight butt joints with no joint widths greater than 1/64”

1.4 Cleaning: a. Upon completion of installation, clean surfaces using a neutral cleaner acceptable to

material manufacturer.

b. Just prior to Date of Substantial Completion, buff no-wax floors using buffing compound for no-wax finish

1.5 Maintenance Material: a. Furnish additional floor tile of each color and pattern of tile as maintenance material. Furnish at the rate of one carton for each 1000 qs. Ft. of floor surface or fraction thereof.

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GENERAL TERMS AND CONDITIONS 1.1.0 APPLICABILITY – These conditions are applicable and form a part of the contract

documents in each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and bid forms issued herewith.

1.2.0 SPECIFICATIONS may be those developed by the requestor or by the manufacturer to represent items of regularly manufactured products.

1.3.0 QUESTIONS concerning this proposal package shall be addressed to Emitte Roque, [email protected] and Rayvan Harris, [email protected] and copy [email protected]

1.4.0 BIDS SHALL BE SUBMITTED ON THESE FORMS. Bids must be submitted on the AISD bid form in the space provided for pricing. If bidder does not fill in the blank with the bid price, it will be considered a no bid. Bid price and any alternate bid price must appear on the AISD proposal form. Deviations to any conditions and/or specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid in the form of manufacturing product, specifications, and/or brochures.

1.5.0 ONLY SEALED BIDS ARE ACCEPTABLE. FAXED BIDS WILL NOT BE ACCEPTED.

1.6.0 QUANTITIES AND AMOUNT OF SERVICES REQUIRED are estimated and will be ordered on an “as needed” basis. The district reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the bidder.

1.7.0 DELIVERIES required in this bid shall be freight prepaid; FOB destination and bid prices and discounts shall include all freight and delivery charges. For shipments designated on the purchase order to the AISD Central Warehouse, acceptable delivery hours are 8:00 AM to 3:15 PM Central Standard Time. No deliveries will be accepted after 3:15 PM. This will clearly be indicated on the purchase order if required. Delivery hours for drop shipments to specific campuses will be noted. Delivery of purchases in good condition, in a reasonable timely manner will be the vendor’s responsibility. All goods are subject to inspection and return at the expense of the vendor if found to be inferior to those specified.

1.8.0 WARRANTY CONDITIONS for all supplies and/or equipment shall be considered manufacturer’s minimum standard warranty unless otherwise agreed to in writing. Bidder shall be an authorized dealer, distributor or manufacturer for the product. All equipment bid shall be new unless clearly stated in writing.

1.9.0 SAMPLES, when called for, shall be submitted with the bid per instructions set forth in The Special Terms and Conditions. Samples must be provided free of expense. If



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required, samples will be returned to bidder at bidder’s expense if reusable after evaluation. 1.9.1 ADDITIONAL SAMPLES needed for a bid to be evaluated properly shall be

delivered within (5) working days from the time the vendor is notified by the Purchasing Department.

1.9.2 SAMPLE ITEMS from the successful bidder may be retained for the purpose of determining that the quality and workmanship of the delivered items are comparable to the sample.

1.10.0 THOSE WHO DO NOT BID are requested to notify AISD Purchasing Department in The “No Submission Form”. Failure to do so may result in their being deleted from our prospective BID MAIL-OUT LIST.

1.11.0 EVALUATION OF BIDS It is not the policy of Aldine Independent School District to purchase on the basis of low prices alone. In evaluating submissions, the following considerations will be taken into account to determine the best value for Aldine Independent School District. Education Code 44.031 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 (HUB).

7. The total long-term cost to the district to acquire the vendor’s goods or services; 8. 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

9. Other relevant factors specifically listed in any section of the request for bids or proposal

As a general rule, Aldine ISD may not apply a geographic preference for procurement involving federal funds See 2. C.F.R. 200.319. However, Aldine ISD may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products for use in a Child Nutrition Program. See 2 C.F.R. 210 9National School Lunch Program), 215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and Adult Care Food Program). Aldine ISD includes the criteria for local preference, but it does not place a value in the determination of the weighted value in order to meet both state and federal laws.

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1.12.0 DISCLOSURES:

1.12.1 BY SIGNING THIS BID, a bidder affirms that he/she has not given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift loan, gratuity, special discount, favor or service to a public servant in connection with the bid submitted. Bidder shall disclose whether any of the school district’s board members or administrative executives has any business or familiar relationships with bidder or bidder’s principal offices or employees.

1.12.2 BIDDER SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the bid.

1.12.3 BY SIGNING THIS BID, a bidder affirms that, to the best of his/her knowledge, the bid has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would anyway limit competition or give them an unfair advantage over other bidders in the award of this bid.

1.13.0 FUNDING OUT CLAUSE Any/all contracts exceeding one (1) year will require a

standard funding out” clause. “A contract for the acquisition, including lease, of real or personal property is a commitment of the district’s current revenue only, provided the contract contains either of both of the following provisions:

1.14.0 ALL CONTRACTS AND AGREEMENTS between merchants and Aldine

Independent School District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1995 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, Fourteenth Edition, 1995 Official Text.

1.15.0 CONTRACTS FOR PURCHASE will be put into effect by means of a purchase

order(s) upon authorized request and approval. 1.15.1 Any additional agreements/contracts to be signed by AISD shall be included with

the bid. 1.15.2 Prices for all goods and/or services shall be negotiated to a firm amount for the

duration of this contract or as agreed to in terms of time frame.

1.15.3 Tax Exemption: AISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property.

1.16.0 ASSIGNMENTS AND SUBCONTRACTING: Bidder understands that the contract

may not be assigned, encumbered, pledged, mortgaged, or transferred either in whole or in part without written consent from the customer.

1.17.0 TERMINATION OF CONTRACT: It is understood that the district retains the option

to terminate this agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The district agrees that it will provide written notice of termination no later than

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thirty (30) days prior to the end of the contract year or for just cause. The termination will become effective and this agreement shall terminate thirty - (30) thirty days following written notification of intent.

1.18.0 CONFIDENTIAL INFORMATION 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 bidder and, if released would give advantage to a competitor or bidder, that information should be filed with the bid in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.

1.19.0 VENDOR NON-PERFORMANCE: If at any time the vendor fails to fulfill or abide by

the terms and conditions or specifications of the contract, AISD reserves the right to:

1) Purchase on the open market and charge the vendor the difference between contract price and actual purchase price, or

2) Deduct such charges from existing invoice totals currently due, or 3) Cancel within thirty (30) days written notification of intent and remove the

vendor from the active bid file for a period of time not less than one (1) year. 4) Re-bid the service/product 5) Award to next lower responsible bidder, if accepted by same 6) Aldine Independent School District reserves the right to reject any or all

responses, to waive all technicalities, and to accept the responses determined to be the most favorable to the district.

7) Aldine ISD retains the right to utilize cooperative purchasing contracts that may offer a better value to the district

Any problems or discrepancies that are not covered by the above preventing or hindering performance should be addressed with Aldine ISD.

1.20.0 SIMILAR CONTRACTS

This bid will not supersede any other contracts AISD either currently is using or may bid in the future for specific and like kind items.

1.21.0 FREIGHT, DELIVERY AND PACKAGING: the entire contract shall be interpreted

as F.O.B. destination with freight charges included in the purchase price (reference 1.7.0). Items shall be identified by school campuses if applicable. Aldine Independent School District’s purchase orders must appear on all bill of ladings, packing slips and on the outside of the box/packaging. All orders shall be shipped within fifteen (15) days after receipt of order. Notify AISD Purchasing Department Buyer if the product cannot be shipped within this period, allowing the opportunity to secure the merchandise elsewhere. You may locate the Buyer’s phone number and initials on the top of the purchase order under the delivery date. If you are unable to reach the appropriate buyer at the number listed, call (281) 985-6396 for assistance.

1.22.0 GUARANTEES: Guarantees, warranty, and replacement information must be submitted

with your bid. Bidders shall include a copy of the manufacturer’s standard warranty with the submitted bid.

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1.23.0 PRODUCT SUBSTITUTIONS: Any catalog, brand name, or manufacturer’s reference

used in your bid must be descriptive – not restrictive. It is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. Aldine ISD reserves the right to decide which alternate bids are equal. Bids may be submitted on any or all items, unless stated otherwise. The owner reserves the right to reject any and/or all bids and to accept any bid deemed most advantageous to the Aldine Independent School District and to waive any informalities in bidding.

1.24.1 DEVIATIONS:

If you are bidding other than the AISD referenced brand, you must write the alternate brand name in the AISD deviations section of the bid indicating the manufacturer, brand, model, etc. of article offered. If no other information is given, we assume you are bidding as specified. However, Aldine Independent School District reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and approve the bid that best serves the District.

1.25.0 PRICING CHANGES: All prices and discount percentages in Vendor’s proposal shall be firm for the Term of

this Contract. Pricing may be negotiated during the Contract renewal period. Vendor agrees to promptly lower the proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is paying suppliers. All price changes shall be presented to Aldine ISD for acceptance or rejection by Aldine ISD, in its sole discretion, using the same format as was accepted in Vendor’s original proposal; all price changes for products and/or services provided under this Contract must be approved, in writing, by Aldine ISD prior to taking effect.

The following documentation shall be provided to support a request for a price change: • justification for change/increase • terms and conditions • market conditions • manufacturers’/distributors’ impact, if any All price decreases shall be allowed for all products and/or services.

1.26.0 INVOICES:

1.26.1 Pricing: Aldine Independent School District’s Purchase Order(s) number must appear on all invoices.

1.26.2 Invoice Discrepancies: Discrepancies between the invoice and the district purchase orders will be corrected upon request.

1.26. VENDOR REQUIREMENTS: Vendor must provide an e-mail address, and accept e-mail orders from authorized buyer having an official AISD purchase order number. Orders are e-mailed daily.

1.27.0 TAX EXEMPTION

AISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property

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1.28.0 VENUE

This contract shall be enforceable in Harris County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, Texas.

1.29.0 INDEMNIFICATION - To the fullest extent permitted by applicable law, the Proposer

and its agents, partners, employees, and consultants (collectively “Indemnitors”) shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District, and their respective officers, directors, members of the board, partners, employees and agents (Collectively “Indemnitees”) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (Collectively “Liabilities”) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Proposer or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any Indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitee. The provision of this article shall not be construed to eliminate or reduce any other indemnification or right which the District or any of the Indemnitees has by law.

Proposer shall protect and indemnify the District from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Proposer or by the District at the direction of Proposer of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the District shall promptly notify Proposer and Proposer shall be given full opportunity to negotiate a settlement. Proposer does not warrant against infringement by reason of the District’s design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the District agrees to cooperate reasonably with Proposer and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.

1.30.0 Insurance Contractor shall not commence work until all required bonds and insurance coverages have been obtained and such insurance has been reviewed and approved by the District. Certificates of Insurance on the current ACORD form shall be issued to the District showing all required insurance coverages.

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INSURANCE & BOND REQUIREMENTS Contractor shall not commence work until all required bonds and insurance coverages have been obtained and such insurance has been reviewed and approved by the District. Certificates of Insurance on the current ACORD form shall be issued to the District showing all required insurance coverages. Bonds Required Construction, installation and service contracts (including repair and alteration) exceeding $25,000 require that 100% Performance and Payment Bonds be furnished by the successful bidder (contractor). All such bids must include a 5% Bid Bond.

Non Construction and non installation or service contracts exceeding $25,000 require that a 100% Supply Bond be furnished by the successful bidder (contractor). Bonds shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VIII and included on the U.S. Department of the Treasury Listing of Approved Sureties (Dept. Circular 570). The contractor shall absorb any and all costs of such Bonds.

Insurance Required Limit Required Automobile Liability insurance covering Any Auto

$1,000,000 Combined Single Limit

Comprehensive (Commercial) General Liability insurance including Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Pollution and Blanket Contractual Liability coverages. XCU exclusions to be removed when underground work is performed.

$1,000,000 Aggregate, Occurrence and Personal Injury $ 500,000 Fire Damage $ 5,000 Medical Payments Per Project Aggregate

Professional Errors & Omissions Liability insurance may be required from all contractors, licensed or certified as professionals; e.g., engineers, architects, insurance agents, physicians, attorneys, etc.

$1,000,000 Occurrence & Aggregate Retroactive Date preceding date of contract must be shown Extended Reporting Period two years past completion of contract

Workers Compensation insurance with limits to comply with the requirements of the Texas Workers' Compensation Act Employers Liability insurance

Statutory Limits $1,000,000.

Umbrella or Excess Liability insurance covering in excess of Automobile Liability, General Liability and Worker’s Compensation.

One times contract amount for all contracts exceeding $100,000, up to $25,000,000 total limit; $1,000,000 minimum.

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Insurance Conditions All insurance overages shall be issued on an Occurrence basis (except Professional Liability) by companies acceptable to District and licensed to do business in the State of Texas by the Texas Department of Insurance. Such companies shall have a Best's Key rating of at least "A- X". The District shall be shown as "Additional Insured" on the General Liability, Automobile Liability and Umbrella (Excess) Liability policies. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers Compensation, General Liability and Umbrella insurance policies. Evidence must be included in Certificates of Insurance General Liability and Umbrella (Excess) Insurance must be maintained for two years following date of final payment to contractor. A two year extended reporting period is required for Professional Errors and Omissions Liability. Certificates of Insurance must be provided annually. In addition to certificates of insurance, copies of policy endorsements must be provided a) listing Aldine ISD as Additional Insured and b) noting Waivers of Subrogation. All insurance certificates shall obligate the insurance company to notify the District of any non-renewal, cancellation or material change to any of the policies at least 30 days prior to the effective date of the non-renewal, cancellation or change. If a policy has aggregate limits, a statement of claims against the aggregate limits is required. Contractor shall be responsible for all deductibles; the District shall approve the deductibles selected. The District reserves the right to review the insurance requirements during the effective period of any contract to make reasonable adjustments to insurance coverages and limits when deemed reasonably prudent by District based upon changes in statutory law, court decisions or potential increase in exposure to loss. The following insurance documents must be provided to Aldine ISD prior to the commencement of work:

1. Certificates of Insurance 2. Copies of policy endorsements

a) listing Aldine ISD as Additional Insured b) providing Waivers of Subrogation in favor of Aldine ISD

3. Deductible amounts listed by policy type 4. A statement of claims against aggregate limits

Certificate Holder: Aldine Independent School District c/o Emitte Roque, Executive Director Of Buildings & Properties 2520 W.W. Thorne Blvd. Houston, TX 77073 E-mail: [email protected]

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INTERLOCAL AGREEMENTS WITH OTHER SCHOOL DISTRICTS THROUGH THE CENTRAL TEXAS PURCHASING ALLIANCE

A. Membership. Aldine ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements. B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Aldine ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district. C. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

http://www.txctpa.org/

http://txctpa.org/

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EDGAR CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT

TO WHOM IT MAY CONCERN:

Aldine ISD is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines (“EDGAR”). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to Aldine ISD along with you proposal.

The following certifications and provisions are required and apply when Aldine ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY

CONTRACTS UNDER FEDERAL AWARDS

APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when Aldine ISD expends federal funds, Aldine ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when A l d i n e ISD expends federal funds, A l d i n e ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Aldine ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Aldine ISD believes, in its sole discretion that it is in the best interest of Aldine ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by Aldine ISD as of the termination date if the contract is terminated for convenience of Aldine ISD.

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Any award under this procurement process is not exclusive and Aldine ISD reserves the right to purchase goods and services from other vendors when it is in Aldine ISD’s best interest.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when Aldine ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when Aldine ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when A l d i n e ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of

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the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Aldine ISD resulting from this procurement process.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Aldine ISD, the vendor certifies that during the term and after the awarded

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term of an award for all contracts by Aldine ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for 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.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

When federal funds are expended by Aldine ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When Aldine ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS

Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

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Vendor Name____________________________________________________________

Proposal Form (Page 1 of 4)


1. Are any owners/partners/interested parties an employee of Aldine ISD? ________________ If yes, complete the conflict of interest questionnaire on Aldine ISD website, www.aldineisd.ord under “Community”, “Vendors”, then “CIQ Form for Vendors”. Carpet and Tile Scenarios Please provide a price for the following scenarios according to the dimensions including materials and labor. Aldine ISD will use these prices for future renovations in the district. Both of the jobs should consist of the following:

1. Removal of furniture. 2. Removal of existing carpet. 3. Removal of vinyl tile. 4. If there is presence of asbestos, the abatement of existing vinyl tile will be done by the

district. 5. Removal of existing rubber base. 6. Necessary slab preparation (underlayment). 7. Installation of new carpet or tile and rubber base. 8. Reinstallation of furniture back in the rooms.

Note: The carpet portion of this bid will we awarded base on carpet per square yard installed (all materials and labor included). Scenario 1 - Carpet A library at one of our Elementary schools needs 374 total square yards of carpet replaced. The old carpet needs to be removed and necessary slab preparation made. Please base your bid on 30 square feet of slab preparation. Also 232 linear feet of 4” rubber base will need to be installed. A few furniture items need to be removed and then reinstalled. Type of Carpet: Supply and Install Carpet (RS) Tandus-Centiva, Style, Applause III, Color Moody Blues or Equal Cost per square yard installed ______________ (This price must include the new carpet, the floor prep material, the rubber base and the labor to do the work.)

http://www.aldineisd.ord/

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Vendor Name____________________________________________________________



Scenario 2 – Vinyl Composition Tile A typical classroom in one of our school needs 696 total square feet of vinyl tile replaced. The classroom will require 106 linear feet of 4” rubber base to be installed, some Classroom furniture will have to be removed and then reinstalled back in the room. Classroom furniture consists of about 30 student’s desks, 1 teacher’s desk and a few chairs. You bid price should include 30 square feet of slab preparation. Note: The vinyl composition tile portion of the bid will be awarded base on tile per square feet installed (all materials and labor included). Type of VCT: Supply and Install resilient vinyl composition tile flooring. Expression by Tarkett or Equal Cost per square foot installed _______________ (This price must include the new vinyl and or tile, the floor prep material, the rubber base and the labor to do the work.)

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Vendor Name____________________________________________________________



Future Jobs for Aldine ISD Aldine ISD will be renovating different schools and building facilities in the future. In certain cases Aldine will need only the labor since we stocked the carpet. Please provide us with prices for the following: Carpet Type: Tandus-Centiva, Style, Applause III, Color Moody Blues or Equal Cost per square yard installed, labor only______________

Cost per square yard installed, labor and material______________

4 inch Rubber Base Cost per linear foot installed, labor only______________

Cost per linear foot installed, labor and material______________



Floor Prep Cost per yard installed_____________

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Vendor Name____________________________________________________________



VCT Type: Resilient Vinyl composition Tile Flooring Expression by Tarkett or Equal Cost per square yard installed, labor only______________

Cost per square yard installed, labor and material______________





Floor Prep Cost per yard installed_____________ If awarded the contract, we agree to begin work within required written notice to proceed, and to substantially complete work within _______ calendar days. The work shall be performed on weekends, after school or when school is out for the holidays, the date shall be decided by the owner.

Proposer: _______________________________________

By: ____________________________________________

Address: ________________________________________

Telephone:______________________________________

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Vendor Name________________________________________________________________

DEVIATIONS FORM


In the event that the undersigned proposer intends to deviate from the specifications, all deviations must be listed. In the absence of any deviation, the proposer assures Aldine ISD of their full compliance with the specifications. Aldine ISD reserves the right to accept or deny any deviation.

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ALDINE INDEPENDENT SCHOOL DISTRICT

PURCHASING DEPARTMENT 2520 W.W. Thorne Blvd.

Houston, TX 77073

NO SUBMISSION FORM CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17

Aldine ISD would like know why you are not submitting a bid/proposal. We will analyze your response and attempt to determine if future changes are necessary. Indicate reason(s) for no submission:

1. __________We do not supply the requested product(s)/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 explain) ______________________________________________________________

5. __________Cannot propose against manufacturer on this item.

6. __________Cannot propose against jobber on this item.

7. __________Time frame for submitting a proposal was too short.

8. Other:________________________________________________________________

IF YOU DO NOT SUBMIT A PROPOSAL and wish to remain on the Aldine Independent School District proposal list for this item, please indicate:

_________ I wish to remain on the proposal list

_________ I do not wish to remain on the proposal list

_____________________________________________________________________________________ Printed Name Title _____________________________________________________________________________________ Vendor Signature Date __________________________________ ________________________________ Company Name Telephone

__________________________________ ________________________________ Address Fax __________________________________ ________________________________ City, State, Zip Email Address

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Vendor Name__________________________________________________

REFERENCES CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17

The following information must be provided and returned for consideration in the awarding of this proposal.

Please list three references with whom you have contracted previously for the same type of services products asked for in this proposal:

1. Organization/Vendor Name:____________________________________________________

Contact person:______________________________________________________________

Phone number w/area code:____________________________________________________ Email Address_______________________________________________________________

2. Organization/Vendor Name:___________________________________________________

Contact person:_____________________________________________________________

Phone number w/area code:____________________________________________________ Email Address_______________________________________________________________

3. Organization/VendorName:_____________________________________________

Contact person:______________________________________________________________

Phone number w/area code:____________________________________________________ Email Address______________________________________________________________

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ALDINE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT

SUPPLIER CODE OF ETHICS Purchasing activities within Aldine I.S.D. support the district’s vision to “produce the nation’s best!” Procurement activities may be conducted by Aldine’s purchasing department and by some of its auxiliary departments. Aldine’s purchasing activities support student achievement and district operations while striving to provide timely products and services in a competitive and efficient manner. Preference may sometimes be given to purchasing cooperatives, state contracts, or inter-local agreements where products and services can be purchased via pre-established competitive contracts or via competitive quotes received from various co-operative entities. Through its purchasing department, Aldine I.S.D. is committed to a procurement process that fosters fair and open competition, conducts business under the highest ethical standards and enjoys the confidence of the public. Purchasing professionals, as well as supplier stakeholders, must have a highly developed sense of professional ethics to protect their own and their organization’s business activities and reputation. In order to strengthen ethical awareness and provide guidelines to its suppliers, Aldine’s purchasing department promotes the following supplier code of ethics: Competitive Nature Quotations, bids, or proposals provided will be competitive, consistent and appropriate to the specifications or user requests. Suppliers will not discuss, consult, collude with, or disclose its terms with other suppliers intending to compete on the same contracts or similar Aldine I.S.D. contracts for the purpose of limiting competition. A supplier will not make any attempt to induce any individual or entity to submit or not to submit a competitive quote, bid, or proposal. A supplier will completely perform any contract at the contract quoted price according to the terms set forth in the quotation or contract.

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Supplier Performance Aldine suppliers are expected to provide the highest level of ethics and service in all business facets which include categories such as products and services, delivery, administration, and customer service. Suppliers are subject to performance evaluations. Supplier records must properly, accurately and fairly record all financial transactions with Aldine I.S.D. in the supplier’s finance system or the supplier’s appropriate ledgers. A supplier will submit timely, accurate and appropriate invoices for goods and/or services performed under the contract. A supplier shall not engage in unscrupulous practices and misrepresentations; recognizing that mutually profitable business relations are based upon honesty and fair dealings.

Supplier and representatives shall be courteous, considerate, prompt, and businesslike with those whom they deal including employers, employees, suppliers, and the general public.

A supplier shall make every reasonable effort to negotiate an equitable and mutually agreeable settlement of any problems with Aldine I.S.D.

Gifts to Public Servants

School district officials and employees cannot accept anything of value from a vendor, such as personal gifts or gratuities, which may be construed to have been given to influence the purchasing process or purchase decisions. Acceptance of gratuities may be construed as a criminal offense. Texas law makes a gift (an item valued at $50 or more, cash of any amount, or a negotiable instrument of any value) to a public employee a Class A misdemeanor if the employee is someone who exercises some influence in the purchasing process of the governmental body. (Texas Penal Code, 36.09[d] and [h]). Therefore, suppliers are strongly urged to exercise great caution before offering any gift to Aldine employees regardless of the gift’s monetary value, particularly when a decision or act which may affect that supplier stakeholder has been made or will be made in close proximity to the time of the gift.

Debarment and Suspension The District will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. 2 CFR Part 180 and 2 CFR Part 3485.

http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr180_main_02.tpl

http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=1f31bbe63f0a8eeacadb57deebe432fb&ty=HTML&h=L&mc=true&r=PART&n=pt2.1.3485

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STATEMENT OF NONDISCRIMINATION It is the policy of Aldine ISD not to discriminate or engage in harassment on the basis of race, color, national origin, sex, religion, age, disability, genetic information, or any other legally protected status in its educational and vocational programs, services or activities or matters related to employment as required by Title VI and Title VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; Age Discrimination in Employment Act; Americans with Disabilities Act, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended. This policy also prohibits retaliation against an individual who has made a good faith report of unlawful, discriminatory practices, opposed any unlawful, discriminatory practices or participated in an investigation of any complaint related to an unlawful, discriminatory practice. Inquiries regarding the Aldine ISD nondiscrimination policy in the following areas should be directed to: Title IX & Title VI:

Dr. Archie Blanson, Deputy Superintendent, 2520 W.W. Thorne Drive, Houston, TX 77073 (281) 449-1011 EEO & ADA (Employees and Public):

Dr. Archie Blanson, Deputy Superintendent, 2520 W.W. Thorne Drive, Houston, TX 77073 (281) 449-1011

Section 504 & ADA (Students):

Dr. Charlotte Davis, Director of Guidance and Counseling, 2520 W.W. Thorne Drive, Houston, TX 77073 (281) 449-1011

Prevailing Wage Rates No employee used in this construction may be paid less than the minimum wage rate provided in Article 5159d, Vernon’s Civil Statutes, Annotated, Revised 1995 and The Texas Minimum Wage Act of 1970. Refer to Document 00 8310, Wage Scale.

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REPRESENTATIONS AND CERTIFICATIONS

1.0 TYPE OF BUSINESS

(a) The offeror represents as part of its offer that it operates as (Mark with an “X”): An individual A partnership A sole proprietorship A corporation Another entity __________________________________.

(b) If incorporated, under the laws of the State of: _______________________.

2.0 CONTINGENT FEE

(a) Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark with an “X”): Has Has not

employed or retained any company or persons to solicit or obtain the contract, and (Mark with an X)

Has Has not

paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b) The offeror agrees to provide information relating to (a) above, as requested by the Assistant Superintendent of Finance and, when any item in subparagraph (a) is answered affirmatively, to promptly submit to the Assistant Superintendent of Finance a completed “Statement of Contingent or Other Fees.”

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3.0 Felony Conviction Notice Form

Felony Conviction Notification

(Section 44.034, Subsection (a), of the Texas Education Code, the undersigned offeror certifies that the person or owner or operator, including employees or agents of the business entity named in this proposal or contract, have not been convicted of a felony, unless a completed “Felony Conviction Notice Form” is attached as an Exhibit to the Offer. 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”.

The offeror agrees to comply with all applicable state laws and Board policies regarding criminal background checks. Before entering into a contract with the District, Proposer must give notice if the Proposer or any personnel has been convicted of a felony, as defined by Texas law, from District property where students are regularly present.

Employee or agent includes as example, but not by way of limitation, persons providing services on the project (“subcontractor” in Texas Labor Code 406.096) including all persons or entities performing all or part of the services the Proposer has undertaken to perform on the project regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, owner-operators, employees of any such entity that furnishes persons to provide services on the project. Services include, without limitation, providing the hauling, or delivering of equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The District shall have the sole discretion to determine what constitutes a “location where students are regularly present.” Proposer’s violation of this section shall constitute a default under the General Terms and Conditions of the contract. This Notice is not required of a Publicly-Held Corporation.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor’s Name: Authorized Company Official’s Name (Printed): A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official:________________________________________________ B. My firm is not owned or operated by anyone who has been convicted a felony. Signature of Company Official:_______________________________________________________ C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.(attach additional sheet if necessary) Name of Felon(s):___________________________________________ Details of Conviction(s):____________________________________________ Signature of Company Official:_______________________________________________________________

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4.0 COVENANTS AGAINST GRATUITIES

The offeror represents and certifies as part of its offer that neither it nor any of its employees,

representatives or agents have offered or given gratuities valued at $25.00 or more (in the form of entertainment gifts or otherwise) directly or indirectly to any director, officer, employee, or agent/consultant of the District with a view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract.

5.0 PARENT COMPANY INFORMATION

(a) The offeror represents as part of its offer that is (Mark with an “X”):

Is Is not

Owned or controlled by a parent company. A parent company, for the purpose of this

provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means a parent company must own more that 50 percent of the voting rights in that company.

(b) If the offeror is not owned or controlled by a parent company, it shall insert its own

Employer’s identification Number here: _____________________________

(c) If the offeror is owned or controlled by a parent company, it shall enter in the space below the name and main office address of the parent company and the parent company’s Employer Identification Number.

(d)

Name of ParentCompany: Main Office Address: Telephone Number: e-Mail Address: Parent Company’s Employer’s Number: Name of Offering Company:

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(e) List other company names/ DBA’s that are owned, operated and invoiced by your organization.

Name Address Phone Number

6.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

(a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(b) Each person signing this offer certifies that:

(1) He is the person in the offeror’s organization responsible within that organization for the decision as to prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) above.

(2) He (i) is not the person in the offeror’s organization responsible for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, not attempt has been made to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition and will not participate, in any action contrary to (a) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a) above.

7.0 CERTIFICATION OF NON-COLLUSION

The undersigned certifies that he or she is duly authorized to execute this contract on behalf of offeror and that the undersigned and the company, corporation, firm, partnership, individual, or other entity for whom the undersigned provides this certification has not prepared its proposal, offer, or proposal in collusion with any other proposer, offeror, competitor, any other entity engaged in the business being transacted, or any District employee or representative. The offeror certifies that the contents of the offer or proposal submitted as to prices, terms or conditions of said proposal have not been communicated by the offeror, its employee, or agent to any other person engaged in the type of business being transacted prior to the official opening of this proposal.

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8.0 COMMUNICATIONS CERTIFICATION

(a) All oral and written communications with the District regarding this solicitation

shall be exclusively with, or on subjects and with persons approved by, the person identified by Aldine ISD. Discussions or communications with any other person could result in disclosure of proprietary or other competitive sensitive information, or otherwise create the appearance of impropriety or unfair competition, and thereby compromise the integrity of the District’s procurement system.

(b) By submission of this offer, the offeror certifies that it has not, and will not, prior

to contract award, communicate orally or in writing with any District employee or other representative (Including Board of Education members, District contractors or District consultants) other than the individual or person(s) and subjects approved by the individual, named by Aldine ISD, except as described below: (CHECK “NONE” IF OFFEROR HAS NOT HAD ANY PROHIBITED COMMUNICATIONS. Describe communications in the table below if offeror has had any communications with the persons described above)

None

Name of Representative

Date and Subject

(c) These Representations and Certifications are material representations of fact upon which reliance will be placed at the time of the awarding of a contract. If it is later determined that the offeror knowingly rendered an erroneous Representation or Certification, in addition to any other remedies the District may have, the District may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the District in the future. In addition, a false entry could be a violation of the Texas Penal Code, Paragraph 37.10. Offeror signs under the pains and penalties of perjury.

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(d) 9.0 SIGNATURE BLOCK FOR ALL REPRESENTATIONS AND CERTIFICATIONS Name of Offering Company: Name of Offerer: Main Office Address: Telephone Number: Fax Number: e-Mail Address: Sales Representative Assigned to AISD: Position with company: Web Address: Signature:

OFFERORS MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION REQUIRED BY THE SOLICITATION (INCLUDING THIS ATTACHEMENT). FAILURE TO DO SO MAY RENDER THE OFFER NONRESPONSIVE OR UNACCEPTABLE. A FALSE STATEMENT IN ANY OFFER SUBMITTED TO THE DISTRICT MAY BE A CRIMINAL OFFENSE IN VIOLATION OF SECTION 37.10 OF THE TEXAS PENAL CODE

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Conflict of Interest Questionnaire Requirement

The Conflict of Interest Questionnaire is to be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity.

By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The conflict of interest questionnaire can be found on Aldine ISD’s website www.aldineisd.org under “Community”, “Vendors” then “CIQ Form for Vendors” or by using the following link: http://www.aldineisd.org/cms/One.aspx?portalId=750&pageId=14186

http://www.aldineisd.org/cms/One.aspx?portalId=750&pageId=14186

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CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract of a governmental entity or state agency that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. A contract does not require an action or vote by the governing body of a governmental entity or state agency if (1) the governing body has legal authority to delegate to its staff the authority to execute the contract; (2) the governing body has delegated to its staff the authority to execute the contract; and (3) the governing body does not participate in the selection of the business entity with which the contract is entered into. Aldine ISD must file a copy of the all disclosure forms with the Texas Ethics Commission not later than 30 days after receiving the form. The bill applies only to a contract entered into on or after January 1, 2016. Definitions: To assist you with this process, definitions pertaining to Interested Parties have been added below:

(a) Contract includes an amended, extended, or renewed contract.

(b) Business entity includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency.

(c) Controlling interest means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

(d) Interested party means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity.

(e) Intermediary, for purposes of this rule, means, a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

http://www.legis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm

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(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity.

Form 1295 Disclosure of Interested Parties: Before a contract can be amended, extended, or renewed with Aldine ISD, laws adopted by the Texas Ethics Commission require you to make known all interested parties. 1) As required by law, please complete the Texas Ethics Commission, “Form 1295 - Certificate

of Interested Parties” electronically on the Texas Ethics Commission website: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

a. Click the “LOG IN” button b. Click on the words “Click here if you don’t have a user ID” to establish a Business Entity

account 2) After your account is confirmed and verified by Texas Ethics Commission

a. Log in to your account, Click “Manage My 1295 Forms” to start a certificate b. If applicable in the “Contract ID Number” field, reference the Aldine ISD Contract/Bid

ID number or Project ID number and a contract/bid description. c. Add all interested parties for your business entity.

3) Print the Form 1295 and review the form for accuracy (The form should include a filing certification number and date) 4) Include a notarized Form 1295 with your bid/RFP submission Thank You. Carlotta Nicholas Director of Purchasing

https://protect-us.mimecast.com/s/xN7JBeix2mX6HD

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Criminal Background Fingerprint Requirement Senate Bill 9 enacted by Texas State Legislature in 2007 contains numerous new security requirements that school districts and those who do business with the school district must follow. Section 22.0834 of Texas Education Code requires the following: any person who does not hold a Chapter 21 TEA certification that is offered employment after January 1, 2008, by an entity contracting with a school district, and who will (1) perform continuing duties related to the contract, and (2) has or will have direct contact with students, must submit to a national criminal history record review, Including fingerprinting, prior to starting work. This means that any Independent contractor hired after January 1, 2008, providing continuing services to the District and who may be performing such work at a campus or other Aldine Independent School District facility where students are present as part of a normal school day, will be subject to a fingerprint check prior to the start of work. For companies, this means that any new employee hired after January 1, 2008, to perform work for the District under the above referenced criteria, is subject to this law. The law further provides that vendors are responsible for obtaining the fingerprinting as well as the cost associated with the process. An overview of the Aldine ISD process is outlined below:

1. Vendors must first have secured an approved contract with an Aldine ISD school or department; (Note: DPS fingerprinting may not be obtained in advance of an Aldine ISD contract.)

2. An approved Aldine ISD contract must be presented to a local L-1 DPS/FBI agency in order to begin the fingerprint process, (512) 424-2365; and to obtain the required completion receipt.

a. If the company consists of 1 or 2 individuals, the Aldine ISD Human Resources Department (Iris Toro, 281-985-7570 or Norma Cisneros, 281-985-7190) will provide the persons(s) with a LEE Pass in order to schedule a fingerprinting appointment.

b. If the company consists of more than 2 individuals requiring criminal history review, an approved Aldine ISD contract must be presented directly to a local L-1 DPS/FBI agency.

3. Upon FBI/DPS clearance/passing, the cleared individual’s name and information must then be

submitted to Aldine ISD using the online form on the district’s website, www.aldineisd.org, See Vendors or https://www.aldine.k12.tx.us/secure/affiliate_requests/page1.cfm?role=Vendor

4. Questions regarding this process must be directed to Aldine ISD, Human Resources 281-985-7570.

Note: Before services are performed in direct contact with Aldine students by my subcontractors, employees, or myself, I will ensure the DPS/FBI Fingerprint process by a local L-1 agency, 512-424-2365 is complete. The names for those contracted individuals will be submitted via the district’s website, using the Vendor link.

I, the undersigned agent for the firm named below, certify that the information concerning the vendor/ contractor fingerprint requirements has been reviewed and understood. Vendor’s Name:

Authorized Company Official’s Name (Printed):

Signature of Company Official:______________________________________________________

http://www.aldineisd.org/

https://www.aldine.k12.tx.us/secure/affiliate_requests/page1.cfm?role=Vendor

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HUB CERTIFICATION CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17 Aldine ISD does not have a local HUB (Historically Underutilized Business) policy; however the district would like to know if your company is a State of Texas registered HUB (Historically Underutilized Business).

Company Name Texas certified HUB

VID Number (required if Texas HUB)

Yes No

(Attach copy of HUB certificate if applicable)

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AGREEMENT TERMS CARPET, VINYL COMPOSITION TILE AND RUBBER BASE RENOVATIONS

RFP# BPD 1617-17

I agree to the terms and conditions written within this proposal.

I also agree that any deviation from the guidelines, requirements and specifications, w e r e submitted on the Deviations Form. Once the contract has been signed by both parties no deviation will be considered without approval. Aldine reserves the right to accept or deny any deviation.

________________________________________________________ _________________________________ Company Name Date _______________________________________________ ____________________________ Representative Name, Title (Printed) Phone _______________________________________________ ____________________________ Representative Signature Email Address

NOTICE TO PROPOSERS · 4/28/2017 · composition tile as specified. It is preferable the awarded...

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Transcript of NOTICE TO PROPOSERS · 4/28/2017 · composition tile as specified. It is preferable the awarded...