SPRING BRANCH INDEPENDENT SCHOOL DISTRICT
Duncan Klussmann, Ed.D, Superintendent of Schools PURCHASING DEPARTMENT 1031 Witte Road, Building E, Houston, Texas 77055-6016 Phone 713-365-5223 Fax 713-365-5214
Date:
July 31, 2008
NOTICE TO BIDDERS
The SPRING BRANCH ISD is accepting sealed bids as specified in this document. Sealed bids will be received at the office of the Director of Purchasing and Contracts, SPRING BRANCH ISD, 1031 nd Witte Road, Building E (2 Floor), Houston, Texas 77055-6016 until: ANNUAL CONTRACT FOR PINE BARK MULCH AND PLAYGROUND FALL ZONE MATERIAL
AUGUST 21, 2008 @ 11:00 A.M.
for
Bids will be publicly opened and read immediately following the deadline for receiving the bids at nd 1031 Witte Road, Building E (2 Floor). Any questions pertaining to the bid procedure should be addressed to the Bid Specialist at 713/365-5223, extension 2326. Any questions pertaining to the bid specifications should be directed to Buyer, at 713/365-5223, extension 2321.
BID ENVELOPES SHALL BE PLAINLY MARKED
SEALED BID FOR: ANNUAL CONTRACT FOR PINE BARK MULCH AND PLAYGROUND FALL ZONE MATERIAL DO NOT OPEN UNTIL: AUGUST 21, 2008 @ 11:00 A.M. BID NO. 8705B
Any bid received later than the specified time, whether delivered in person or mailed, shall be disqualified. Bids may be submitted on any or all items, unless stated otherwise. The owner reserves the right to reject any or all bids and to accept any bid deemed most advantageous to the Spring Branch Independent School District and to waive any informalities in bidding.
Page 2 of 13
S C O P E OF B I D
It is the intention of the Spring Branch Independent School District to establish an annual contract for Pine Bark Mulch and Playground Fall Zone Material. Estimated annual expenditure for said product is approximately $24,000.00. This estimate, however, should not be construed to be a guarantee of either minimum or maximum quantities as purchases are dependent upon need and available funding. The contract shall be for a period of one (1) year, September 1, 2008 through August 31, 2009, with the option to renew annually for an additional two (2) years if both agree to the renewal in writing parties. This bid will be awarded on an “all or none “ basis.
ADDENDA TO RFP. SBISD reserves the right to revise and amend the specifications prior to the date set for the opening. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission or other error(s) in the RFP in writing and request modification or clarification desired. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. All questions must be received in writing by the Director of Purchasing via fax (713/365-5216) no later than noon on August 12, 2008. No addenda will be issued later than August 13, 2008, except an addendum withdrawing the proposal or postponing the opening of the proposal. It is the responsibility of each Proposer, prior to submitting the proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal.
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Page 3 of 13 1.0.0 1.1.0 GENERAL TERMS AND CONDITIONS FOR BIDS 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. WITHDRAWAL OF BIDS will not be allowed for a period of 90 days following the bid opening. SPECIFICATIONS may be those developed by the Using Department or by the Manufacturer to represent items of regularly manufactured products. 1.3.1 DISTRICT SPECIFICATIONS have been developed by the Using Department to show minimal standards as to the usage, materials, and contents based on their needs. 1.3.2 MANUFACTURER'S SPECIFICATIONS (Design Guide), when used by the District, are to be considered informative to give the bidder information as to the type and kind requested. Bids on any reputable manufacturer's regularly produced product of such items similar and substantially equivalent will be considered. QUESTIONS concerning this bid shall be addressed to the Director of Purchasing and Contracts, Spring Branch Independent School District (SBISD). BIDS SHALL BE SUBMITTED ON THESE FORMS. Deviations to any Conditions and/or Specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid. SEALED BIDS ONLY ARE ACCEPTABLE. FAXED BIDS will not be accepted by SBISD since the fax process does not provide for the delivery of a sealed bid. REQUIRED ADDENDA will be issued by SBISD Purchasing Department to all those known to have received a complete set of bidding documents. QUANTITIES REQUIRED are substantially correct. The District reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the bidder. DELIVERIES required in this bid shall be freight prepaid; F.O.B. destination and bid prices shall include all freight and delivery charges. For shipments designated on the purchase order to the SBISD Central Warehouse, delivery hours are 7:00 a.m. to 3:00 p.m. NO DELIVERIES WILL BE ACCEPTED AFTER 3:00 P.M. 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.
1.2.0
1.3.0
1.4.0
1.5.0
1.6.0
1.7.0
1.8.0
1.9.0
1.10.0
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Page 4 of 13 1.0.0 1.11.0 GENERAL TERMS AND CONDITIONS FOR BIDS, continued SAMPLES, when called for, shall be submitted with the bid per instructions set forth in the Special Terms and Conditions. 1.11.1 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. 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.
1.11.2
1.12.0
THOSE WHO DO NOT BID are requested to notify the Spring Branch Independent School District Purchasing Department in writing if they wish to receive future bids. Failure to do so may result in their being deleted from our prospective bidder list. EVALUATION OF BIDS takes into account the following considerations: price, quality, suitability for the intended use, probability of continuous availability, vendor's service, safety record, and date of proposed delivery and placement. It is not the policy of the Spring Branch Independent School District to purchase on the basis of low bids alone. DISCLOSURES: By signing this bid, a bidder affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the bid submitted. 1.14.1 BIDDER SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the bid. 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 in any way limit competition or give them an unfair advantage over other bidders in the award of this bid.
1.13.0
1.14.0
1.14.2
1.15.0
FUNDING OUT CLAUSE. Retains to the District the continuing right to terminate the contract at the expiration of each budget period during the term of the contract. 1. Is conditioned on a best efforts attempt by the District to obtain and appropriate funds for payment of the contract.”
1.16.0
ALL CONTRACTS AND AGREEMENTS between Merchants and Spring Branch Independent School District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 2004 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, 2004 or latest Official Text.
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Page 5 of 13 1.0.0 1.17.0 GENERAL TERMS AND CONDITIONS FOR BIDS, continued CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing and Contracts after bids have been awarded. 1.17.1 Any additional agreements/contracts to be signed by SBISD shall be included with the bid. 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. Tax Exemption: SBISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purchase of tangible personal property.
1.17.2
1.17.3
1.18.0
ASSIGNMENTS AND SUBCONTRACTING: No part of this order may be assigned or subcontracted without the prior written approval of SBISD. Payment can only be made to the Supplier named in this order. 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 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) days following written notification of intent. 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”. VENDOR NON-PERFORMANCE. If at any time, the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, SBISD 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) 3) deduct such charges from existing invoice totals currently due, or 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. re-bid the service/product. award to next lower responsible bidder, if accepted by same.
1.19.0
1.20.0
1.21.0
4) 5) 1.22.0
OTHER REQUIREMENTS. Any problems or discrepancies that are not covered by the above requirements should be directed to the Director of Purchasing and Contracts for a determination or clarification prior to any action taken on said problem or discrepancy. If the Contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner. BID DOCUMENTS. Bids shall be submitted by the bidders in triplicate; one (1) original and two (2) copies, marked as such.
1.23.0
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Page 6 of 13 2.0.0 2.1.0 SPECIAL TERMS AND CONDITIONS TEXAS HAZARD COMMUNICATIONS ACT– It is the policy of the Spring Branch Independent School District to comply with the Texas Hazard Communications Act. Therefore, it is necessary to require that all suppliers and users provide SBISD with a Material Safety Data Sheet (MSDS) for all items sold to or used at an SBISD facility. This information shall be provided on an OSHA Form 20 Material Safety Data Sheet or a suitable equivalent. A separate sheet shall either be provided for each individual item when the bid is submitted or a statement stating that MSDS sheets are not applicable to items being bid. (See 2.7.2 and 8.3.0) DELIVERY– Contractor agrees to provide delivery of materials under terms of this agreement. The cost for this service shall be included in the unit cost and shall be included in the Bidder‟s bid calculations. Delivery of goods and services shall be coordinated with: SBISD Maintenance Department Attn: Albert Brown 1066 Gessner, Bldg. A Houston, TX 77055 Telephone: 713-365-5700 Fax: 713 365-5260 Email: albert.brown@springbranchisd.com 2.3.0 PURCHASE OF MATERIAL Requests will originate from the SBISD Maintenance Department and will be processed only by the SBISD Purchasing Department. SBISD will assume no responsibility for any goods delivered without a duly processed purchase order possessing a purchase order number as assigned by the SBISD Purchasing Department. (See 1.17.0) QUANTITIES The quantities, shown on the Specifications and Bid Form, are approximate annual quantities the District anticipates using. These quantities are for use as a basis for the bidders to use as a past history of usage. This estimate, however, should not be construed to be a guarantee of either minimum or maximum quantities as purchases are dependent upon need and available funding. CONTRACTS resulting from this bid will neither provide for all small purchases nor will the contracts displace existing or future competitive bids and proposals for large categories of similar products. DELIVERY It is highly desirable that orders shall be delivered within 24 hours after receipt of order 95% of the time. SBISD shall be notified if product ordered cannot be shipped within this time period to give SBISD the opportunity to secure product elsewhere.
2.2.0
2.4.0
2.5.0
2.6.0
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Page 7 of 13 2.0.0 SPECIAL TERMS AND CONDITIONS, continued
2.7.0
BID SUBMITTAL REQUIREMENTS that shall accompany the bid: 2.7.1 No less than one (1) cubic foot of a representative sample of the bark mulch and playground fall zone material shall to be provided with the bid for evaluation. (See 1.11.0, 2.7.2 and 6.6.0) These samples shall be of the same type and quality of material supplied if the Bidder were to be awarded a contract. Note: These materials will be retained by SBISD for comparative purposes. Felony Conviction Notice (see 3.0.0) Certificate of Residency (see 4.0.0) Conflict of Interest Questionnaire (see 7.0.0) Samples of Bark Mulch and Fall Zone Material, (see 2.7.1 and 6.6.0) Completed and signed Bid Form (see 8.0.0) MSDS sheets or material data sheets as applicable (see 2.1.0 and 8.3.0) Failure to complete and sign these forms and provide samples may result in your bid not being considered.
2.7.2
2.8.0
INVOICES – A duplicate invoice or a priced work order shall be included with all items at time of delivery to SBISD using department. This document shall include: 2.8.1 2.8.2 2.8.3 2.8.4 2.8.5 SBISD purchase order number SBISD using department and address delivery date item description, quantity, part number(s) and unit cost for materials supplied. for billing purposes invoicing in duplicate shall be sent to SBISD Accounts Payable per the terms of the SBISD Purchase Order. INVOICE DISCREPANCIES – Discrepancies between the invoice and the District Purchase Order shall be corrected within fifteen (15) working days after notification by SBISD or receipt of invoice, whichever may come first. A corrected invoice shall be required by the Vendor should an error in invoice be detected by SBISD.
2.8.6
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Page 8 of 13 3.0.0 FELONY CONVICTION NOTICE
th
State of Texas 74 Legislative Session of 1995, Chapter 260, Section 76, added Education Code, Section 44.034, Notification of Criminal History of Contractor: 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”. Subsection (c) states “ This section does not apply to 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 not owned or operated by anyone who has been convicted of a felony. Signature of Company Official:
B.
My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Details of Conviction(s):
C.
My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official:
Signature of Company Official: Date:
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Page 9 of 13 4.0.0 CERTIFICATE OF RESIDENCY
The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. http://www.capitol.state.tx.us/statutes/go/go0225200.html#go001.2252.001. This law makes it necessary for the SBISD to determine the residency of its bidders. In part, this law reads as follows: “Section: 2252.001 (3) „Non-resident bidder‟ refers to a person who is not a resident. (4) „Resident bidder‟ refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.
Section: 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest proposal submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident‟s principal place of business is located.”
I certify that (Name of Company Bidding) is, under Section: 2252.001 (3) and (4), a Resident Bidder Non-resident Bidder
My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of in the state of .
Signature of Authorized Company Representative
Print Name
Title
Date
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Page 10 of 13 5.0.0 NO BID NOTIFICATION SPRING BRANCH INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT 1031 WITTE ROAD BUILDING E, HOUSTON, TEXAS 77055-6016
The Spring Branch 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 services. Therefore, it is important for us to determine why you are not bidding on this contract item. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures. I/WE DID NOT SUBMIT A BID FOR THE FOLLOWING REASONS: (Please place an X by one or more of the reasons listed below.) 1. 2. 3. 4. Do not supply the requested product/service. Quantities offered or scope of job is TOO SMALL to be supplied by my company. Quantities offered or scope of job is TOO LARGE to be supplied by my company. Specifications are “too tight” or appear to be written around a proprietary product. (Please elaborate on this item.) Cannot bid against MANUFACTURER on this item. Cannot bid against JOBBER on this item. Time frame for bidding was too short. (Please elaborate on your primary reason for this judgment.) Other . . .
5. 6. 7.
8.
IF YOU DID NOT BID and wish to remain on the Spring Branch ISD bid list for this item, please indicate: I wish to remain on the bid list. I do not wish to remain on the bid list.
VENDOR SIGNATURE
DATE
PRINTED NAME, TITLE
BID NO.
COMPANY NAME
A/C - PHONE NO.
ADDRESS
CITY
STATE
ZIP
A/C - FACSIMILE NO.
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Page 11 of 13 6.0.0 6.1.0 6.2.0 SPECIFICATIONS Materials shall meet Construction Specifications Institute (CSI) Specifications, 2004 Version Pine Bark Mulch shall consist primarily of YARD BARK primarily from short leaf and loblolly pine which falls from the logs through handling. (Not removed with a mechanical debarker) . 6.2.1 Size shall be no greater that one inch (1") with no other wood, leaf, or compost materials mixed in with mulch. Mulch shall be aged but not rotten. The mulch intended use is for weed prevention and moisture retention, and/or, 6.3.2.1 Lightweight soilless mixing agent for potting and bedding soils 6.3.0 Playground Fall Zone Material shall be composed of random sized hardwood chips one (1”) inch maximum down to three eights (3/8”) inch minimum in size. No leaves, twigs, organic matter, chemicals or wood waste shall be mixed with hardwood chip material. All materials shall be freight included and delivered within the boundaries of SBISD, as scheduled per 2.2.0 of this document. All materials shall be delivered in either tractor-trailer load quantities, approximately twenty (20) cubic yard or smaller twelve (12) cubic yard loads. No less than one (1) cubic foot of a representative sample of the proposed bark mulch and playground fall zone material to be supplied under this contract shall be provided with the bid. These samples shall have the full name, address, contact person, telephone and fax numbers, bid number and bid item number corresponding to that item number for which the sample represents. (See 2.7.1 and 2.7.2)
6.2.2 6.2.3
6.4.0
6.5.0
6.6.0
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Page 12 of 13 7.0 DISCLOSURE: CONFLICT OF INTEREST STATEMENT
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Page 13 of 13 8.0.0 BID FORM
Having carefully examined the Bid Notice, Terms, Conditions, Specifications and Bid Form, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing.
Estimated Annual Purchase 8.1.0 Pine Bark Mulch 1,000 cubic yards
$ Per Cubic Yard
Total
$
$
8.2.0
Playground Fall Zone Material 2,000 cubic yards
$
$
8.3.0
Material Safety Data Sheets (MSDS) Do any of the above items being supplied require an MSDS sheet? (See 2.1.0 and 2.7.2) Yes No If yes, MSDS sheets for the applicable item shall be supplied with the bid. If no, please state that MSDS sheets are not applicable to any item being supplied under this bid.
. The undersigned agrees to deliver all goods and/or services within __________ calendar days after receipt of order. (See 2.6.0)
FIRM NAME ADDRESS CITY/STATE/ZIP TELEPHONE NO. FACSIMILE NO. AUTHORIZED SIGNATURE TYPED/PRINTED NAME POSITION WITH COMPANY REPRESENTATIVE'S NAME
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