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ALDINE INDEPENDENT SCHOOL DISTRICT Dr. Wanda Bamberg, Superintendent of Schools

Dani Sheffield, Executive Director of Child Nutrition Services

281-985-6449 dsheffield@aldine.k12.tx.us

Carlotta Nicholas, Director of Purchasing Child Nutrition Services

2112 Aldine Meadows Road Houston, TX 77032

Date: March 12, 2010

NOTICE TO BIDDERS

ALDINE ISD Child Nutrition Services Department is accepting sealed bids for Bottled Water until April 7, 2010 at 11:00 A.M., at 2112 Aldine Meadows Road, Child Nutrition Training Room, Houston, TX 77032. Prior to the deadline, bids may be hand delivered between 8:00 A.M. and 4:30 P.M. at the office of the Executive Director of AISD Child Nutrition Services, Dani Sheffield, or you may mail it to the above address. Bids are acceptable until:

APRIL 7, 2010 @ 11:00 A.M. for BOTTLED WATER

Bids will be publicly opened and read following the deadline for receiving bids at the Child Nutrition Services Training Room, same address as above. Aldine ISD reserves the right to terminate the contract with a two (2) week notice and to seek legal remedies when the supplier violates or breaches the terms and conditions of this bid. BID ENVELOPES SHALL BE PLAINLY MARKED SEALED BID FOR: BOTTLED WATER BID # CN-0910-2 ATTN: CHILD NUTRITION DEPT./DO NOT OPEN UNTIL: APRIL 7, 2010 @ 11:00 A.M. All questions and answers regarding the bid must be in writing, preferably by email or fax. These questions should be addressed to the Executive Director of AISD Child Nutrition Services, Dani Sheffield, email dsheffield@aldine.k12.tx.us and copy Kevin White, kewhite@aldine.k12.tx.us. If you need to fax, please use 281-449-1966 addressing the names submitted above. Any bid received later than the specified time, whether delivered in person or mailed, shall be disqualified. Aldine Child Nutrition Services Department reserves the right to reject any/or all bids or to accept any bid deemed most advantageous to it and to waive any informalities in bidding.

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SCOPE OF BID INTENT OF BID It is the intention of the Aldine Independent School District (AISD) to establish an annual contract with a qualified experienced vendor who can supply and deliver Bottled Water for its Child Nutrition Services Department. Deliveries will be expected at least once per week, to seventy-three (73) kitchens within the District. Aldine Schools are located within a boundary that covers approximately 111 square miles in the Northeast-Northwest areas of Houston. Any delivery proposal which would be advantageous to the district should be attached to the bid. THIS IS AN ALL-OR-NOTHING BID. The District may elect to use all or part of the items bid contingent upon bid prices, availability of products, and student acceptance. For your information, please refer to the attached PURCHASE VELOCITY REPORT for AUGUST, 2009 – FEBRUARY, 2010. This estimate, however, should not be construed to be a guarantee of either minimum or maximum quantities as purchases are dependent upon need and availability funding.

COMPLIANCE REGULATIONS Aldine Independent School District (AISD) requires that the awarded supplier be in compliance with Executive Order 11246, entitled, “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR PART 60).

The School District requires that the bidder/supplier meet “Buy American” standards as defined in the Child Nutrition Reauthorization Act of 1998. School districts participating in the NSLP and SBP in the contiguous United States are required to purchase for those programs, to the maximum extent practicable, domestic commodities or products. The term “domestic food commodity or product” means agricultural commodities produced in the U.S. and food products processed in the U.S. substantially using agricultural commodities that are produced in the U.S. “Substantially” means that over 51 percent of the processed food comes from American-produced products. All bids submitted by any supplier should be in compliance with federal procurement standards as mandated by the U.S. Department of Agriculture. School officials reserve the right to inspect all facilities of bidding company to ensure that the needs of the Child Nutrition Services Department can be filled according to the specifications of the bid. Bidder understands that the contract may not be assigned, encumbered, pledged, mortgaged, transferred or otherwise disposed of either in whole or in part without written consent from the customer. If a signed contract is required, terms and conditions must be provided with bid specifications. CONTRACT DURATION If this bid is awarded, the contract shall be for the period of one year, August 1, 2010 through July 31, 2011. Aldine ISD will consider, each year, an option to extend the current bid for up to two additional years if agreed to in writing by AISD personnel and the awarded supplier. Aldine ISD will be the sole authority to determine if the bid will be extended. In the event that products should be unsatisfactory because of condition, delivery time, services, or quality of product on three or more occasions, this contract, at the election of the School District shall be terminated.

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SPECIAL TERMS AND CONDITIONS

1. Bid must be submitted on the attached bid forms. Please stamp each page with your

company name. Information must be complete. The attached cover sheet and all applicable attachments (Attachments 1 thru 6) must also be complete and submitted with the bid. Failure to submit this information will result in disqualification of the bid.

2. Bids will be received for Bottled Water. *Plastic Bottle, 100% Natural. *No natural or artificial carbonation allowed. *No chemicals. *Approximately 16 ounce and 8 ounce bottled sizes. 4. Bid prices will remain firm through July 31, 2011. 5. Include brand name, quantity in case, and ounces per bottle. 6. Bidder must indicate on bid sheet if price includes delivery to be made by their company

or by our full-service distributor. Deliveries must be made at least once per week to seventy-three (73) schools or as product is needed. If distributed through full-service distributor, bidder must be able to meet full-service distributor insurance requirements and bidder is responsible for making arrangements to do so by July 1, 2010.

7. We reserve the right to request samples of the items bid. Samples must be provided within two working days of the request. 8. The brand name of the products to be supplied is to be indicated at the time of bid and only this product is to be supplied during the year. Minimum order requirements, if any, must be stated in the bid. 9. Promotional items, display equipment, etc. may be considered in the bid award. 10. Product decisions are based on a price-quality relationship. 11. Direct delivery orders will be submitted by the Child Nutrition Services Office, on designated day

prior to the week of delivery, unless other arrangements are approved in advance. 12. Awarded vendor’s driver should wear a uniform or identification and present a neat and

clean appearance. 13. In the event that products should be unsatisfactory because of condition, delivery time,

services, or quality of product on three or more occasions, this contract, at the election of the School District shall be terminated.

14. Statements for each school and delivery account will be delivered to the Child Nutrition

Services Office under one cover by the third day of the following month. 15. Discounts, if applicable, must be submitted with the bid.

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SPECIAL TERMS AND CONDITIONS, continued

16. Any alternate bid may be submitted for consideration by attaching the complete terms of

such bid and note that such an attachment is included. AISD will be the sole decision maker on which alternates are “as equal” to the specified item(s).

17. Bidders must submit a letter indicating a HACCP program or good manufacturing procedures are being followed. This requirement is in accordance with the food safety program requirement established by section 111 of the Child Nutrition and the WTC Reauthorization Act of 2004 (Public Law 108-265). Required letter should be attached.

18. Bidders must complete the COVER SHEET and ALL APPLICABLE ATTACHMENTS as

directed plus HACCP letter described in #17 to bid proposal. 19. Bidder must be in compliance with all applicable standards, orders or regulations issued

pursuant to the Clean Air Act of 1970, as Amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14(1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator of the Enforcement.

20. THIS IS AN ALL-OR-NOTHING BID. The district may elect to use all or part of the items

bid contingent upon bid prices, availability of products, and student acceptance. (See attached VELOCITY REPORT.) These estimates should not be construed to be either a minimum or maximum quantities as purchases are dependent upon need and available funding.

21. Mark all envelopes–“BOTTLED WATER” BID – 11:00 A.M. – WEDNESDAY, APRIL 7,

2010. 22. Information regarding the awarding of the bid will not be available until after MAY 18,

2010. 23. VENUE TERMS – 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.

DANI SHEFFIELD, EXECUTIVE DIRECTOR CHILD NUTRITION SERVICES

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ALDINE INDEPENDENT SCHOOL DISTRICT CHILD NUTRITION SERVICES DEPARTMENT

Note: This form must be returned with your bid!

COVER SHEET BOTTLED WATER BID

DUE WITH BID: ON OR BEFORE APRIL 7, 2010 – 11:00 A.M.

The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to the prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. VENDOR NAME ADDRESS CITY, STATE, ZIP PHONE FAX NUMBER E-MAIL ADDRESS BIDDER (SIGNATURE) BIDDER (PRINT NAME) TITLE/POSITION WITH COMPANY SIGNATURE OF COMPANY OFFICIAL AUTHORIZING THIS BID COMPANY OFFICIAL (PRINT NAME) OFFICIAL POSITION DATE

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BOTTLED WATER BID “NO BID NOTIFICATION”

ALDINE INDEPENDENT SCHOOL DISTRICT CHILD NUTRITION SERVICES DEPARTMENT

2112 ALDINE MEADOWS RD. HOUSTON, TX 77032

Aldine Independent School District 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 other 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 or WE DID NOT SUBMIT A BID FOR THE FOLLOWING REASONS: (Place an X by the one or more of reasons listed below.)

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 elaborate on this reason)

5. Cannot bid against MANUFACTURER on this item. 6. Cannot bid against JOBBER on this item.

7. Time frame for bidding was too short.

8. Other:

IF YOU DO NOT BID and wish to remain on the Aldine Independent School District 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. VENDOR SIGNATURE DATE PRINTED NAME, TITLE BID NAME COMPANY NAME A/C TELEPHONE ADDRESS A/C FACSIMILE NO. CITY, STATE, ZIP E-MAIL ADDRESS Vendor Name

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AISD - CHILD NUTRITION SERVICES DEPARTMENT

BOTTLED WATER BID # CN-0910-2 for 2010-2011

(THIS IS AN ALL OR NOTHING BID DUE: APRIL 7, 2010 - 11:00 A.M.)

DISCOUNT (IF APPLICABLE) ___________________________________

ITEMS

BRAND / PACK

PRODUCT PRICE INCLUDING DELIVERY

PRODUCT PRICE W/O DELIVERY

(To be delivered by full-service distributor & fee

must be added on) ITEM # 1

BOTTLED WATER, APPROX. 16 OZ. PLASTIC BOTTLE, 100% NATURAL NO ARTIFICIAL OR ARTIFICIAL CARBONATION ALLOWED; NO CHEMICALS.

BRAND NAME BIDDING: QUANTITY IN CASE OUNCE(S) PER BOTTLE YOU ARE BIDDING ______________

$_______________ MINIMUM ORDER REQUIREMENT (if any) _______________

$________________ MINIMUM ORDER REQUIREMENT (if any) ______________

ITEM # 2 BOTTLED WATER, APPROX. 8 OZ. PLASTIC BOTTLE,

100% NATURAL NO ARTIFICIAL OR

ARTIFICIAL CARBONATION ALLOWED; NO CHEMICALS.

BRAND NAME BIDDING: QUANTITY IN CASE _________________ OUNCE(S) PER BOTTLE YOU ARE BIDDING ______________

$_______________ MINIMUM ORDER REQUIREMENT (if any) ________________

$__________________ MINIMUM ORDER REQUIREMENT (if any) ______________

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AISD - CHILD NUTRITION SERVICES DEPARTMENT BOTTLED WATER BID for 2010-2011

(THIS IS AN ALL OR NOTHING BID) DUE: APRIL 7, 2010 - 11:00 A.M.

______________________________________________________________________________ NAME OF COMPANY (VENDOR) ______________________________________________________________________________ COMPANY OFFICIAL NAME & TITLE (PRINT) ______________________________________________________________________________ SIGNATURE OF COMPANY OFFICIAL ( )____________ ADDRESS CITY STATE ZIP CODE TELEPHONE E-MAIL ADDRESS FAX NUMBER DATE___________________________________________

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

ALDINE INDEPENDENT SCHOOL DISTRICT CHILD NUTRITION SERVICES DEPARTMENT

FELONY CONVICTION NOTICE

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “ a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract”. This Notice is Not Required of a Publicly-Held Corporation. 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: Name of felon(s): _________________________________________________________________ Details of Conviction(s):_____________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Signature of Company Official:_______________________________________________________

DUE WITH BOTTLED WATER BID: ON OR BEFORE APRIL 7, 2010 -

11:00 A.M. (Attach to Cover Sheet of Bid)

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ATTACHMENT 5

ALDINE INDEPENDENT SCHOOL DISTRICT CHILD NUTRITION SERVICES DEPARTMENT

CONFLICT OF INTEREST QUESTIONAIRE FORM For vendor or other person doing business with local government entity CIQ

This questionnaire is being 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 seventh (7) 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.

OFFICE USE ONLY

Date Received:

1. Name of person doing business with local governmental entity.

2.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and Not later than the seventh (7) business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the governmental recommendations to a local government officer of the local governmental entity with respect to expenditure of money.

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4. Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local governmental entity that is the subject of this questionnaire.

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, Item five (5) including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in/this section receiving or likely to receive taxable income from the filer of the questionnaire?

YES NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer Named in this section AND the taxable income is not from the local governmental entity?

YES NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or

director, or holds an ownership of 10 percent or more?

YES NO D. Describe each affiliation or business relationship

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6. Describe any other affiliation or business relationship that might cause a conflict of interest.

7. _________________________________________________________ Signature of person doing business with the governmental entity __________________________________________ Date _________________________________________________________ Printed name of the person doing business with the governmental entity

DUE WITH BOTTLED WATER BID: ON OR BEFORE APRIL 7, 2010- 11:00 A.M.

(Attach to Cover Sheet of Bid)

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(THIS PAGE INCLUDED FOR YOUR INFORMATION)

PURCHASE VELOCITY REPORT

AUGUST, 2009- FEBRUARY, 2010

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