DECATUR INDEPENDENT SCHOOL DISTRICT Spring 15 MMS 6 …€¦ · DECATUR INDEPENDENT SCHOOL DISTRICT Spring 15 MMS 6th Grade Chillers Notice to Vendors Request for sealed proposal(s)

Decatur ISD

Vendor Signature_________________________________________ Date ______________ Spring 2015 Chiller Page 1

DECATUR INDEPENDENT SCHOOL DISTRICT Spring 15 MMS 6th Grade Chillers

Notice to Vendors

Request for sealed proposal(s) an HVAC-Chiller addressed Gary Micinski, Deputy Superintendent, Decatur ISD, 307 South Cates, Decatur, Texas 76234 will be received at the above address until 10:00 a.m. May 1, 2015. Proposal forms and specifications may be obtained from Decatur ISD Maintenance Department, 1301 West Thompson, Decatur, TX 76234, or by calling 940-210-5448.

Project Informational Walk-Through and Information Session

A pre-proposal walk-through for this project will be available for interested vendors by contacting Merl Pryor at 940-210-5448.

INQUIRIES

The Proposal Coordinator is the sole point of contact in the Decatur ISD for this procurement. All communication between the Proposer and the Decatur ISD upon receipt of this procurement shall be with the Proposal Coordinator as follows: Merl Pryor, Maintenance Director 1301 West Thompson, Decatur, TX (940) 210-5448 Cell Direct Non-written communication will be considered unofficial and non-binding on the Decatur ISD. Firms are to rely on written communication issued. Communication directed to parties other than the Coordinator including management and elected officials may result in disqualification of the Firm and rejection of the Proposal. The Proposal Coordinator will direct technical questions to the proper district personnel or make arrangements for those questions to be answered by the proper district personnel. Proposal must be signed by Superintendent or Designee to be valid.

Decatur ISD



SPECIFICATIONS AND GUIDELINES

USE ADDITIONAL PROPOSAL FORMS FOR ADDITIONAL PROPOSALS OR ALTERNATES. The District welcomes alternates which are outside of these specifications as long as exceptions are clearly stated.

INTRODUCTION

The Decatur Independent School District (also known as the Decatur ISD, or DISD or for purposes of this proposal, (District) is the purchase of property/services in Decatur, Texas. Nothing is this request shall make the submitter, also known as the respondent, vendor, proposer, supplier, an employee of the District in any way nor guarantee any specific work not agreed to by both the District and respondent at any time. The District shall refer to the Decatur Independent School District located in Wise County, Texas. District may alternatively be referred herein to as buyer, administration, board, board of trustees, or any of their agents. This is a request for sealed proposals. Proposals must be delivered to the district in a sealed envelope or container. Any reference herein to the word proposal shall infer sealed proposals. The District crates no obligation, expressed or implied, by issuing this request for proposal. Neither this proposal, nor any proposal submitted in response hereto is to be construed as a legal offer. The District will not be responsible for any expenses incurred by any entity in preparing and submitting information responding to this request. Any reference to superintendent, unless clearly stated otherwise, refers to the Decatur ISD Superintendent of Schools and not the vendors jobsite superintendent or other agents of the vendor(s). Vendor will sign a release-of-lien form or other forms prescribed by District to assure any and all subcontractors or other obligations are complete before final payment is completed to vendor and this condition cannot be waived as an exception. Supplier is acting as an independent contractor in the performance of this Agreement and nothing contained herein shall be construed to create an agency relationship, a partnership, or a joint venture.

CONFIDENTIAL INFORMATION

Nothing in this proposal shall be considered confidential and all submitters / respondents shall agree, but submission of their response that all submitted materials are public information. The District reserves the right to return without reviewing any information submitted as confidential. The District IS NOT interested in confidential information from any vendor and is not interested in making a decision based on confidential trademarks, plans, etc.

Decatur ISD



SCOPE OF WORK The district is requesting quotations to install the following or similar:

Project A: 60 ton chiller for McCarroll Middle School 6th Grade Campus, (See attached detailed specifications) Leave job site in a clean and orderly manner.

NUMBER OF COPIES & FORMS

A return form is attached. Answer all relevant questions in the form requested and in the sequence of the form. However, please do not submit additional information for which the request does not ask. Sign this form and each page of each submitted page. Submit TWO (2) COPIES OF YOUR SEALED PROPOSAL (They may be submitted in the same envelope.)

Respondents should clearly label the outside of the submitted product as follows:

"Request for Sealed Proposals for MMS Chiller”

Note [1]: TWO copies with original signatures should be submitted. (2 copies) Note [2]: Proposals submitted to other locations that the above are deemed to be non-delivered. District personnel shall not be responsible for delivery of sealed proposals to delivery location. Note [3]: Proposals will not be accepted by fax or email Note [4]: The Decatur ISD is not responsible for Proposals delivered late or for proposals sent but not delivered. It is the responsibility of the Proposer to be sure the Proposals are sent sufficiently ahead of time to be received no later than the required time on the due date. The Decatur ISD reserves the right to not consider Proposals received late.

NOTICE

No bid, proposal, question, or request for qualification should be emailed or otherwise electronically submitted due to the fact that important information may be blocked by the District’s spam blocker. By participation in this qualification process, vendors (submitters) agree that there is no obligation for the District to communicate in any manner by email, although the District may, at its option, do so.

Decatur ISD



EVALUATION The District will evaluate the responses based on the criteria specified herein and will select the most highly qualified provider basis of demonstrated competence and qualifications The District will evaluate all accepted proposals with particular emphasis on:

Price structure (60%) Vendor/product/services reputation and quality of goods/services (10%) The extent to which proposal meets Districts needs, vendors/goods/services past relationship with District (10%) If the vendor is a historically underutilized business (2%) Total long term cost to district (8%) All other factors listed in the request for proposal and or required by law (10%)

BONDING

If project award amount requires payment bond, vendor must include the amount in price. If project award amount requires performance bond, vendor must include the amount in price. If project award amount requires payment bond, vendor must include the amount in price. Vendors which are not able to provide bonding will be deemed ineligible for project. Vendors which do not complete awarded project due to bonding or other factors may be ineligible for future projects requiring similar qualifications.

SPECIFICATIONS NOT MET OR COMPLETED

Vendor’s proposals which do not meet specifications or propose specifications which are in the best interest of the District may be rejected in whole or part and or may be deemed ineligible for this project.

TERM OF AGREEMENT

Unless changed during negotiations, the term of the agreement (contract) shall be for the project herein, but the District reserves the right to purchase up to 500% of the proposed product at prices pro-rata to those proposed if both the District Administration and vendor agree in writing, in addition to any change order allowed by law.

Budget and Time

The District estimates this project’s budget for the entire scope to approximate $55,000 The stated costs and times are only an estimate.

GUARANTEE OF GOOD FAITH AND FIRM PRICE Proposals shall remain in effect for a minimum of 120 days from date of the submission deadline, unless extended by mutual consent OR stated as an exception.

Decatur ISD



PRIOR EXPERIENCE REQUIRED The selected firm should possess the ability, experience, and reputation for quality service necessary to produce high-quality and functional project(s) as described and requested. To insure the vendor is capable of providing an acceptable level of service to the District, the following must also be met. (1) Firm should have experience in product proposed, and have the ability to respond reasonably fast to district needs. (2) Firm must carry adequate professional liability insurance and errors and omissions Insurance.

STUDENT CONTACT AND USE OF DISTRICT FACILITIES Vendor shall guarantee, as part of this proposal, that vendor has drafted rules, and made clear the prohibitions against any student contract during term of project, whether direct or incidental. District may require job site to be fenced off at vendor’s expense at anytime during project in the event District and/or vendor determines that project has caused direct or incidental student contact between vendor, vendors subs or representatives and students. Additionally, District may require vendor to work during non-school student contact hours if District or vendor determines at any time the project has caused or could cause direct or incidental student contract between vendor, vendors’ subs or representatives and students.

COMPLIANCE and Codes (Including Building Permits and other Requirements) All contractors shall comply with the following: Americans with Disabilities Act, Texas Accessibility Standards of the Architectural Barriers Act, and Life Safety Code. All applicable environmental requirements. Regulations regarding erosion sediment control. Regulations and standards of Texas Department of Transportation pertaining to design of transportation facilities. All City of Decatur, other local, county, state, or federal building codes and or ordinances and any other codes, laws, or rules, specified and required for proposed project. All fees and permits related to this project, including building permits, impact fees, are the responsibility of the PROPOSER (VENDOR) and must be provided by the successful vendor. Submitters must take the cost of such fees and permits into consideration when submitting their sealed proposal price. Price submitted shall be for a turnkey project.

Non-COMPLIANCE Vendor agrees to, by submission of proposal, that if District determines vendor is not in compliance with any local, state, or federal code, rule, law, or other requirements, including the requirements specified herein or on related attachments, vendor will cure such violations in a timely manner acceptable to the District and any external inspectors, officials, or other governmental or regulatory personnel, and be responsible for lost time. Such time lost due to vendors responsibilities shall not be deducted from the project timeline.

Decatur ISD



RIGHT TO REJECT, RESERVTION OF RIGHTS Decatur ISD reserves the right to accept or reject any and all proposals submitted to the extent allowed by law. District shall not be responsible for missing, late, or non-delivery of any questions, proposals, or qualifications. Decatur ISD reserves the right to waive any formalities in the qualification process. The District reserves the right to reject all firms, decline to proceed with selection of any candidates, to request additional qualifications, and to make inquiries as may be necessary to verify qualifications. Nothing in this document shall require the District to proceed with design and/or construction services. Vendors shall submit proposals by their own free will and as part of the submission progress vendors agree to hold the Decatur ISD harmless for any expense incurred and/or for any costs related to this request for qualifications. The District reserves the sole right to evaluate the qualifications submitted, waive any irregularities therein and or reject any or all respondents submitting qualifications should it be deemed in the District's best interest to do so. DISD reserves the right to make modification to applications from any or all submitters during the review and negotiation.

INSURANCE

The awarded vendor(s) (and any agents thereof including any and all subs) shall maintain such insurance as will protect against claims under the Worker's Compensation Act (if applicable) and from any other claims for damages for personal injury, including death, which may arise from the operations under the contract. The contractor is an independent contractor and is not an employee of the District. During the term of the contract, unless negotiated separately, or otherwise approved by the District, the construction contractor (and any and all subs) shall, at its own expense, carry insurance with minimal coverage (or whatever is required by law or may be required by law during the term if greater than) the following: Comprehensive general liability $1,000,000 Professional Liability $1,000,000 Automotive liability (bodily injury) $100,000/$300,000 Automotive property damage to others $25,000 The policies must be written to include comprehensive general liability coverage, including bodily injury and property damage and professional liability insurance to protect against claims arising from the performance of the vendor’s and/or the vendors subcontractors under the agreement. The awarded vendor(s) shall assure and be responsible for assuring any subs or agents of vendor meet all insurance requirements applicable to awarded vendor as specified herein.

COVENANT AGAINST CONTINGENT FEES The successful firm warrants, but qualification submission and by review of the facts to their knowledge, that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement of understanding for a commission or percentage, brokerage or contingent fee excepting bona-fide employees bona-fide established for commercial or selling agencies maintained by the submitter for the purposes of securing business. For breach or violation of this warranty the Decatur ISD shall have the right without recourse to annul the contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

APPLICABLE LAW The laws of the State of Texas shall apply, except where Federal Law has precedence. The successful firm consents to jurisdiction and venue in the county of Wise, Texas by submission of the qualification. This may not be stated as an exception to the qualification.

Decatur ISD



AGREEMENT ADJUSTMENT If the scope to any provision of the final agreement or any later specific project agreement which is too broad in any respect whatsoever to permit enforcement to its full extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of the contract shall not thereby fail, but the scope of such provisions shall be curtailed only to the extent necessary to conform with the law.

DISTRICTS RIGHT TO COMPETITIVELY PROCURE ADDITIONAL PROJECTS

Nothing in this proposal shall guarantee any vendor any guaranteed project or work even with Administration or Board approval. The District reserves the right to competitively procure any specific construction project including those areas which overlap within this proposal if in the best interest of the District, as determined by either the Board of Trustees or Administration.

TITLE OF RISK OR LOSS

The title and risk of loss of the goods shall not pass to District until District and vendor agree in writing that substantial completion has occurred. Vendor shall insure any goods on District facilities for protection against losses.

PENALTY FOR NONCOMPLETION OF PROJECT ON-TIME Vendor shall deduct one-half of one-percent of the total project proposed price per-day for every day project is not completed as proposed. Decatur ISD Superintendent of Schools may waive this condition in the event delays are for reasons, in the opinion of the Superintendent of Schools, the delay was for factors beyond the control of awarded vendor or vendor’s subs or agents. Example: Example Project Price Proposed: $40,000 Days late for non-completion of project: 5 Penalty for non-completion: $40,000 x 0.0050 x 5 = $1,000 to be subtracted from total amount due vendor.

Authority to Select Proposal By Board policy, the Decatur ISD Board of Trustees has delegated to the Superintendent of Schools, the authority to procure this procurement, with the right to write specifications, select and evaluate criteria, and award the proposal, within spending limits, to the vendor which is in the best interest of the District.

Decatur ISD



PAYMENT FOR WORK AND LABOR Except for the schedule below, if payment is for work and labor, that portion shall be within 30 days after work is complete to the satisfaction of the District unless additional payment terms are agreed to by the vendor and the District. Vendors shall state any additional payment terms as an exception to this proposal.

Vendor will be paid upon satisfactory completion of project and all necessary documentation has been process, approved, and completed. Phase Percent of Payment Payment Date Due to Vendor______________________________ Retainage 5% 10 school business days after approved request for payment There shall be no penalty to the District for missing this payment timeline, but the District will work in good faith to pay vendors and shall strictly follow the State of Texas laws, including the payment of interest to vendors, under the Texas Prompt Pay Act, if applicable. (See Texas Government Code, Chapter 2251.) Retainage shall be due to vendor 10 business days after District and Vendor agree that project is complete – not substantially complete, but 100% complete, as determined by the Superintendent of Schools or designee. Additional notes regarding payment The Decatur ISD is bound by State of Texas laws regarding the payment of bills. Generally, a payment by a governmental entity is overdue on the 31st day after the later of: (1) the date the governmental entity receives the goods under the contract; (2) the date the performance of the service under the contract is completed; or (3) the date the governmental entity receives an invoice for the goods or service. By submission of a proposal vendor agrees to these terms and may not add additional charges to any future bill, even if submitted in vendor’s proposal. This section shall take precedence over any other wording herein Vendor agrees to contact District’s Administration as soon as possible by certified mail or overnight delivery to DISD, Gary Micinski, Deputy Superintendent, 307 South Cates, Decatur, TX 762634, the day legitimate bills are late and District agrees to set as a priority the payment of those bills. The Decatur ISD shall work to honor all bills and pay in good faith and according to law.

Decatur ISD



SUBMISSION OF INVOICES Invoices are to be submitted in duplicate for this project. Step 1: Vendor shall present to District personnel that such phase is complete and request payment by presenting a detailed invoice. This invoice may be presented to District field personnel who are familiar with the project and have authority to approve the work completed as designated by the Superintendent of Schools. Step 2: If work is approved for such phase, approved District personnel will sign invoice. Vendor shall deliver approved invoice to central office Superintendent of Deputy Superintendent who will review request. Properly approved requests will then be forwarded to accounts payable and payment will be made within specified time period. Generally, approved request for payments should be sent or delivered to: Decatur ISD Attn: Gary Micinski, Deputy of Schools 307 South Cates Decatur, TX 76234 940-393-7100 Do not request payments by email unless instructed to do so by Superintendent or Deputy Superintendent. Step 3: Payment will be mailed to vendor or vendor may pick up check if request is made prior to mailing payment. Alternative: Electronic payment ___ shall _X_ shall not be available for this project.

CHANGE ORDERS Any change orders agreed to by both parties shall be in writing. After approval by the District the vendor shall mail a certified a signed copy of the change order to the Deputy Superintendent to the following address:

Decatur ISD Attn: Superintendent (or Deputy Superintendent)

307 South Cates Decatur, TX 76234

Unless other written instructions are provided to vendor, this delivery shall include the phrase “Request for Change Order on Project: (state project).” and this request must be on the outside of the delivery envelope. The change order will only be official when the Superintendent or Deputy Superintendent signs the change order and vendor receives written approved notification. NO OTHER DISTRICT PERSONNEL are permitted to approve change orders and any other approvals are not valid for this project. Do not include Federal Excise, State or City Sales Tax. School District shall furnish tax exemption certificate, if required.

Decatur ISD



GRATUITIES

The District (buyer) may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent, or representative of the Seller, to any officer or employee of the School District with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this provision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Seller in providing such gratuities.

SPECIAL TOOLS AND TEST EQUIPMENT Vendor shall be responsible for all equipment necessary for installation.

WARRANTY PRICE The price to be paid by the Buyer shall be that contained in Seller's proposal which Seller warrants to be no higher than Seller's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by others, or in the alternative, Buyer may cancel this contract without liability to Seller for breach or Seller's actual expense. The Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Seller for the purpose of securing business. For breach or violation of this warranty, the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

WARRANTY PRODUCTS Seller warrants that the goods furnished will conform to the specifications and descriptions listed in this invitation and to the sample(s) furnished by Seller, if any. In the event of a conflict between the specifications, buyers descriptions shall govern. Seller shall not limit or exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the Buyer.

RIGHT OF INSPECTION Buyer shall have the right to inspect the goods at delivery before accepting them. All quotes herein shall be good for 180 days unless stated.

CANCELLATION District shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

Decatur ISD



FORCE MAJEURE

If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; land sinkage; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

ASSIGNMENT DELEGATION No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

MODIFICATIONS This agreement can be modified or rescinded only by a writing signed by both parties to the contract or their duly authorized agents.

REVISIONS TO THIS COMPETITIVE PROCUREMENT REQUEST

In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all who receive the RFP. If the Proposer discovers any errors, discrepancies or omissions in the RFP specifications, or has any questions about the specifications, the Proposer must notify Decatur ISD in writing. Any addenda issued by the Decatur ISD will be incorporated into the contract or purchase order. The Decatur ISD also reserves the right to cancel or to reissue the RFP in whole or in part, prior to final award of a contract.

REJECTION OF PROPOSALS The Decatur ISD reserves the right at its sole discretion to reject any and all Proposals received without penalty and to not issue a contract as a result of this RFP.

RESPONSIVENESS All Proposals will be reviewed to determine compliance with administrative requirements and instructions specified herein. The Proposer is specifically notified that failure to comply with any part of the proposal may result in rejection of the Proposal as non-responsive. The Decatur ISD also reserves the right, however, at its sole discretion to waive minor administrative irregularities or formalities in the proposal process.

Decatur ISD



MOST FAVORABLE TERMS

The Decatur ISD reserves the right to make an award without further discussion of the Proposal submitted. Therefore, the Proposal should be submitted initially on the most favorable terms which the Proposer can propose. The Decatur ISD reserves the right to contact a Proposer for clarification of its Proposal. The Proposer should be prepared to accept this request for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Proposal.

AWARD OF CONTRACT

This RFP does not obligate the Decatur ISD to award a contract. The Decatur ISD reserves the option of awarding this contract in any manner most advantageous for the Decatur ISD at its sole and exclusive discretion. More than one (1) contract may be awarded. Award of contract, if made, will be to the Proposer whose Proposal is the most favorable to the Decatur ISD, taking into consideration price and the other evaluation factors. Although a proposer may have a current contract with DIR, the State of Texas, or TCPN, or other cooperatives representing interlocal agreements, the District may select none, one, two, or multiple vendors for this acquisition. The Decatur ISD shall make the award(s) of contract(s) or purchase(s) when and or if it is in the best interest of the District as determined by the District. Unsuccessful Proposers will not automatically be notified of Proposal results.

ADDITIONAL INFORMATION REGARDING PERFORMANCE & PROPOSAL

The Administration reserves the right to cancel this proposal at any time before implementation of any approved or unapproved responses. Decatur ISD reserves the right to award accounts to none, one, or multiple submitters, make all decisions regarding this proposal, including, without limitation, the right to decide whether a proposal does or does not substantially comply with the requirements of this Request for Proposal, accept, reject, or negotiate modifications in any terms of submitters proposals or any parts thereof, to reject any or all proposals received, to cancel this proposal even if approved by the Administration or Board of Directors if the Administration feels it is not in the best interest of the District to move forward with delivery of the contract, and or, to proceed with only part of the proposal and competitively procure other parts of the proposal through other competitive methods during the time of this proposal or after this proposal. If vendor fails to perform District may cancel award with 10 day notice and purchase from the next proposal which is in the best interest of the District. The Decatur ISD is a member of various purchasing coops, which may have, in the past, or could, in the future, bid or propose out this same category or a similar category. This District reserves the right to purchase goods from any other method allowable under Texas law in addition to this proposal in the event proposer is awarded the proposal. Vendor will accept District purchase orders. The District reserves the right to procure through additional competitive procurement any specific item if, in the opinion of the District, a separate competitive individual procurement is beneficial to the District. Information provided in your response will be deemed to be public information. Proposals submitted become the property of the District and will be regarded as public information, regardless of statements to the contrary contained within the Vendor’s response. By submission of proposal vendors agrees to, and may not waive, this condition as an exception. The District has the right to use any or all concepts presented in any reply to this procurement. Selection or rejection of the proposal does not affect this right.

FORM OF RESPONSE All responses must be on this form with any necessary attachments. Only the Superintendent or Deputy Superintendent, in writing, may waive any condition herein. This proposal and your response, if accepted by the Board of Trustees and approved by counsel (if required), will be the contract.

Decatur ISD



NO COST TO DISTRICT FOR PREPARATION OF PROCUREMENT

The District shall not be responsible for any cost incurred by the Vendor in the preparation or potential on-site presentation of this proposal. It must be specifically understood that this Request for Proposal does not create any obligation on the part of Decatur ISD to enter into any contract or undertake any financial obligation with respect to the program referred to herein. The proposer understands that, if selected, Decatur ISD reserves the right to provide its opinion publicly and privately regarding submitter's (vendor's) performance without recourse by vendor or any party related to vendor.

ADDITIONAL STATEMENT REGARDING SUB-CONTRACTING No portion of the contract may be sublet, sub-contracted, or otherwise assigned by the Vendor without the prior written consent of the District. During the period of the contract, no changes will be permitted in any of the conditions and specifications unless the Vendor receives written approval from the District. Any items herein which are not agreed to in vendor’s submitted documents must specifically be listed as exclusion within the vendors submitted documents. Simply stating, the condition shall not take precedence over any District language unless the term exclusion is used and the District agrees accordingly in writing separately outside of vendors submitted documents. The Vendor must respond to and fully describe its ability to fulfill each of the service expectations described within this proposal and must return this entire proposal signed on all pages as indicated.

NON-APPROPRIATION Both parties agree that if District fails to appropriate sufficient funds after the first full or partial fiscal year of this agreement, District may terminate this agreement by giving 60 days written notice and District may not be required to make contract payments beyond the end of the current fiscal year. District presents to Vendor that there are currently funds available for the current fiscal year, there are no known events that would keep the District from making future payments under this agreement, District will make reasonable attempt(s) to provide and maintain funds for all future payments under this contract. This statement is intended to allow for a multi-year agreement without binding future Boards to payments which have not legally been appropriated.

HOLD HARMLESS

The Decatur ISD Superintendent may require that there shall be a hold harmless agreement in which the contractor assumes liability on the contract and holds the School District harmless. Certificate of insurance should contain a waiver of subrogation as well as district or an additional insured party. The Decatur ISD Superintendent may require that the District shall be named as an additional insured on the contractor's (and or vendor or subcontractors or vendors) policy as to the subject job. The Decatur ISD Superintendent may require that this policy shall provide coverage over the Workers' Compensation, Commercial General Liability and Business Automobile Liability. The Decatur ISD Superintendent may require that the selected installer be required to supply proof of conformance to the Prevailing Wage Laws.

ADDENDUMS

The District reserves the right to amend this proposal at any time through addendums. Addendums will be posted on the District’s web site:

http://www.decaturisd.us/

Decatur ISD



CONTACT INFORMATION

Proposals shall be on this form proposal form herein. Vendors shall sign each page as part of the submission and attach any necessary attachments necessary to clarify the proposal. The District may ask for, or negotiate for additional copy products and/or service as part of this proposal and qualifying vendors may propose additional copy products or services as part of their proposal submission if vendor believes additional products would be in the best interest of the District.

DO NOT SUBMIT A PROPOSAL WHICH DOES NOT FOLLOW THE FORM OF THIS REQUEST. UNCLEAR RESPONSES WILL BE GROUNDS FOR REJECTION BASED SOLEY ON THE OPINION OF THE DISTRICT.

Company Name: _______________________________________________

Name: _______________________________________________

Title: _______________________________________________

Mailing Address: _______________________________________________

Physical Location: _______________________________________________

Phone: _______________________________________________

Office Phone: _______________________________________________

Cell Phone: _______________________________________________

Fax: _______________________________________________

Email: _______________________________________________

Decatur ISD



Warranty Support

Company Name: _______________________________________________

Name: _______________________________________________

Title: _______________________________________________

Mailing Address: _______________________________________________


Phone: _______________________________________________

Office Phone: _______________________________________________

Cell Phone: _______________________________________________

Fax: _______________________________________________

Email: _______________________________________________

Decatur ISD



Negotiations regarding this proposal should be handled through:

Name: _______________________________________________

Title: _______________________________________________

Mailing Address: _______________________________________________


Phone: _______________________________________________

Emergency Phone: _______________________________________________

Office Phone: _______________________________________________

Cell Phone: _______________________________________________

Fax: _______________________________________________

Email: _______________________________________________

Decatur ISD



EXPERIENCE & REFERENCES

This part should contain a brief summary of similar contract agreements by the Proposer. Particular emphasis should be placed on current and past projects of a similar scope.

Reference 1

School or Business _________________________________

Contact Name / Position _________________________________ /

_____________________________

Telephone _________________________________

Type of Project ___________________________________________________________

Cost of Project $____________

email of contact: ______

Reference 2

School or Business _________________________________

Contact Name / Position _________________________________ /

_____________________________

Telephone _________________________________

Type of Project ___________________________________________________________

Cost of Project $____________

email of contact: ______

Decatur ISD



GENERAL PRODUCT AND OR SERVICE INFORMATION COLLECTION FORMS

Describe the product warranty or warranties:

Describe the training that will be provided in the proposed prices herein:

Are all components proposed new and not remanufactured?

_____ Yes _____ No Explain if necessary

Does proposer agree to replace non-performing equipment at the Decatur ISD’s discretion?


Does Proposer have technical support?


If yes, what is the number? ____________________________________________

Decatur ISD



OTHER NOTATIONS

Vendor may use this section to provide any other information

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Decatur ISD



PART XI. EXCEPTIONS Vendors should state below any terms to which they propose that do not match the agreement terms or conditions, which they feel should be excluded from their proposal (an exclusion). Attach additional sheets if necessary and label at the top, “Continuation of EXCEPTIONS” (or exclusions).

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Decatur ISD



PART XII. Additional Terms or Proposal Clarification (SCHEDULE A)

Any additional terms resulting from proposal negotiating or clarification (by either District, vendor, or any other related party) shall be separately attached and signed by the necessary parties and titled "Schedule A - Additional Terms or Proposal Clarification ".

This page is to be returned blank – it will be added after negotiating if necessary.

Decatur ISD



Project A: Proposal(s) for Chiller Project (Pricing)

PROPOSED PRICE

Complete the following: (1) Direct Costs $___________________.00 This is the basis of award on costs. The following costs should be included and are to be paid by the contractor but will only be paid upon vendor providing actual receipts to District. District will pay up to the following amounts upon verification but will NOT pay over the proposed amounts. Actual receipts must be submitted for payment: (2) Payment and or Performance Bond(s) (Payment bond Required if total over $25,000 (Performance bond Required if project over $100,000) $___________________.00 (3) Other Costs (Permits, Impact Fees, and all other governmental charges): $___________________.00 (4) Other Costs _____________________________ $___________________.00 (5) Other Costs _____________________________ $___________________.00 (6) Other Costs _____________________________ $___________________.00 Total Cost* to District for Project (Turnkey) $_____________________.00 (Total of 1 + 2 + 3 + 4 + 5 + 6, if applicable above) *(Does not include any early completion incentive) HUB

Isyourfirmahistoricallyunderutilizedbusinessorminorityowned? __________ Yes __________ No

Decatur ISD



PENDING LITIGATION Are you currently being sued by any public entity, anticipate litigation by any public entity, or have you been sued by any public entity in the last ten years? _________ No ( Check or "X" if no lawsuits) If yes, explain each of the cases and outcome if determinable. Use additional space if necessary. ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ _______________________________________________________________________

Decatur ISD



PART XIII. ACKNOWLEDGEMENT AND FINAL APPROVAL OF PROPOSAL SUBMISSION "The undersigned affirms that they are duly authorized to execute this agreement, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other competitive vendor known reasonably to submit a proposal, and that the contents of this proposal as to prices, terms or conditions of said proposal, other than allowed by law, 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 receipt date. I have not communicated in any manner with any individual who is eligible to vote or approve this agreement, other than those advised herein." Company: __________________________________________________

Name: _______________________________________________

Title: _______________________________________________

Mailing Address: _______________________________________________


Phone: _______________________________________________

Emergency Phone: _______________________________________________

Office Phone: _______________________________________________

Cell Phone: _______________________________________________

Fax: _______________________________________________

Email: _______________________________________________

Signature of Company Official Authorizing This Submission

Signed:_______________________________________Date__________________

Felony Conviction Notice: Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states "a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony." Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

Decatur ISD



Decatur ISD Signature of Project Acceptance and Authority to Begin Project

Proposal Confirmation for the Decatur ISD to: XXXXXXXXXXXXXXX This proposal is accepted for an amount of : -------------------------------------------------- $XXXXXX.XXXX TBD ----------- with the following modifications negotiated between District and Vendor (if none, insert “None”):

To be determined Vendor Acceptance of additional terms herein _______________________________________ on ___________________________ (Only the final approved contractor or vendor needs to sign this portion. This is for additional items that need to be clarified during the negotiation process of the proposal.)

Agreement Approved by _______________________________ on __________________ Rod Townsend, Superintendent of Schools, Decatur ISD

Decatur ISD



ATTACHMENT –A- Vendor may attach additional information if warranted.

Decatur ISD



See the additional plans and specifications as a for detailed drawings, locations, specifications, and other related items necessary to properly propose for this project(s).

Mc Carroll Middle School 6th Grade Campus Chiller Replacement (1) 60 Nominal Ton Carrier 30RAP AIR COOLED ROTARY SCROLL COMPRESSION CHILLER

Provide all mechanical labor, electrical labor, and supervision to remove old equipment & install new equipment.

SCOPE OF WORK - MECHANICAL Coordinate and schedule job with customer.

Perform lockout/tag out on all energy sources.

Make all electrical and mechanical disconnections on existing 60 ton 30RAP

Remove existing 60 Ton 30RAP (all equipment property of Decatur ISD) coordinate with Decatur ISD on removal of existing equipment)

Existing chiller is property of Decatur ISD

Receive, deliver, and set in place (1) new 60 ton Carrier 30RAP Air Cooled Rotary Scroll Compression Chiller.

Make connections to existing piping. Modify existing piping as needed to fit new chiller with new material

as required.

Remove existing pump and modify piping to accommodate pumps installed on chiller.

(existing pump is property of Decatur ISD) coordinate with Decatur ISD on removal of existing equipment)

Make electrical connections between new chiller and building.

Mechanical identification as required.

Perform operational checks and start-up of new unit.

Perform jobsite cleanup.

SCOPE OF WORK-ELECTRICAL Disconnect electrical power from old unit

Replace existing fuse to accommodate new chiller MCA

Modify if needed power circuit to connect to new chiller

Connect new chiller to electrical power Replace and install new or existing heat tape on chiller lines as required

Connect to existing TAC controls Contractor is responsible for all city permits

SCOPE OF WORK – START-UP

Perform Carrier factory start-up on chiller.

Provide up to (4) hours on-site new equipment training to customer.

Provide 1-year mechanical & electrical warranty on parts.

Provide 5 year compressor only warranty

Documents

DECATUR INDEPENDENT SCHOOL DISTRICT Spring 15 MMS 6 …€¦ · DECATUR INDEPENDENT SCHOOL DISTRICT Spring 15 MMS 6th Grade Chillers Notice to Vendors Request for sealed proposal(s)