Competitive Sealed Proposal (CSP)

Transcription

1 Competitive Sealed Proposal (CSP) CSP Number: MEP TITLE: Building Systems Support Services DUE DATE: June 9, 2016 PRIOR TO: 2:00 pm Pre-Bid Meeting: 8:00 am on May 25, N. Mayhill, Denton, TX Mail or deliver complete CSP package to: Denton Independent School District Purchasing Department 1213 N. Locust St. Denton, TX For additional information, please contact the person listed below. All questions must be submitted in writing ( preferred) and received on or seven (7) calendar days prior to the opening date and time. No verbal responses will be provided. Please note that CSP results are NOT available by telephone. Cheryl Farmer, Asst. Purchasing Agent FAX: PROPOSER IDENTIFICATION (Please print information clearly) Firm Name: Address: Date: Phone: Fax: City/St/Zip: You MUST sign the CSP Signature Sheet on page 13 in order for your CSP to be accepted. Building Systems Support Services CSP Page 1 of 33

2 COMPETITIVE SEALED PROPOSAL (CSP) BUILDING SYSTEMS SUPPORT SERVICES DENTON INDEPENDENT SCHOOL DISTRICT The Denton Independent School District (referred to as the District from this point forward) is soliciting responses to this Competitive Sealed Proposal (CSP) for Building Systems Support Services. The Proposer is strongly encouraged to read the entire CSP document prior to submitting response. Failure to provide the information requested in its entirety may be grounds for disqualification of the CSP. Section 1.0: Instructions to Proposers 1.1 To be considered for award of this solicitation, all pages requiring signature plus any/all attachments, must be completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time. Failure to provide complete and accurate information may disqualify the Proposer. 1.2 Proposals must be received in the Purchasing Department office, 1213 N. Locust St., Denton, TX PRIOR TO the hour and date specified on the front page of this document or any subsequent Addenda. No other published dates will be binding. Proposals received after this date and time will not be considered. Denton ISD will not be responsible for mail delivered from the post office or by delivery service that is delivered late or to another location. The district will not accept faxed, ed or other electronic proposals. 1.3 If due to inclement weather, natural disaster, or for any other cause the District office location where bids/proposals are to be submitted is closed on the due date, the deadline for submission shall automatically be extended to the next District business day on which the office is open, unless the proposer is otherwise notified by the District. The time of day for submission shall remain the same. 1.4 Addenda will be posted on the Purchasing Department page of the Denton ISD website, All Proposers receiving this CSP other than directly from Denton ISD are responsible to obtain all addenda that pertains to the CSP. All addenda become a part of the CSP documents. Proposers shall acknowledge receipt of all addenda on the Signature Sheet. 1.5 All vendor communications must be directed in writing to the person listed on the first page of this document. Request for information/interpretation must be received on or before seven (7) calendar days prior to the opening date and time. Include the CSP Number and Name in the subject line. Only questions answered by formal written addenda will be binding. 1.6 If any exceptions are taken to any portion of the CSP, the proposer must clearly indicate the exception taken and include a full explanation on the Deviation/Compliance Signature Form or as a separate attachment to the CSP. The failure to identify exceptions or proposed changes will constitute acceptance by the Supplier of the CSP as proposed by the District. The District reserves the right to reject a CSP containing exceptions, additions, qualifications or conditions. 1.7 The CSP response must be signed by an individual authorized to contractually bind the company submitting the CSP. A failure to sign the CSP could cause it to be rejected as non-responsive. The CSP must include full company name and address of Proposer, the title or authority to bind his/her firm in a contract and contact information. A Signature Sheet is included in this packet. 1.8 A response to this solicitation is an offer to contract with Denton ISD and its members based on the specifications and standard terms and conditions contained in this document. Bids/proposals do not become contracts unless and until they are both accepted by DISD through an award letter to the bidder, signed contract and/or put into effect by the issuance of a purchase order signed by an authorized representative of the Denton ISD Purchasing Department. Building Systems Support Services CSP Page 2 of 33

3 1.9 The District reserves the right to award this CSP to a single vendor, multiple vendors, each line item separately, or in any combination to be in the best interest of the District. If the Proposer chooses to bid/propose all or none or is not agreeable to multiple or split awards, it must be noted on the Deviation / Compliance Form and included with this CSP Responses will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate CSP s, failure to return all forms and copies, or irregularities of any kind. However, the District reserves the right to waive any irregularities and to make the award in the best interests of the District Denton ISD reserves the right to accept or reject any and/or all of the proposals, to waive technicalities, to be the sole judge of quality and equality, to be the sole judge as to the definition of best overall benefit and accept the proposal that is in the best interest of the district Each proposal shall be carefully prepared using identical proposal forms bound herewith. Entries on the proposal shall be typed or legibly written. All prices shall be stated in words and figures except where the forms provide for figures only. The CSP must remain open for a period of ninety (90) days subsequent to the submission due date, unless otherwise indicated, to allow time for the offer(s) to be evaluated and board of trustees action, if required The District reserves the right to acquire reasonable amount of additional goods or services, as listed on this CSP, subject to verification of the same or lower prices and conditions on the CSP Vendors that do business with a school district are required to file a questionnaire to identify any potential conflicts of interest. The CONFLICT OF INTEREST QUESTIONNAIRE is included in this proposal In order to ensure the integrity of the selection process, Proposer s employees, officers, agents, or other representatives shall not lobby or attempt to influence a vote or recommendation related to the Proposer s response, directly or indirectly, through any contact with school board members or other district officials from the date this CSP is released until the award All contractors, subcontractors and their employees must submit to Denton ISD proof of a satisfactory criminal record history of all individuals working on district property through background checks conducted as required by Senate Bill 9. The criminal record history must be obtained by the successful bidder before any work is performed. The information regarding the requirements for conducting a criminal records check is posted on The Texas Department of Public Safety s website by clicking open Crime Records and reading School District Guide to Senate Bill 9. The cost for each criminal records check is approximately $ Vendors who perform work inside Denton ISD facilities are hereby notified that our buildings may contain asbestos containing materials. This notification is required by both the State of Texas Department of State Health Services and the Federal EPA Asbestos regulations. These guidelines cover both Denton ISD s responsibilities and the Employer s responsibility to their employees. As a vendor, it is your responsibility to check each building prior to performing any work in that facility. These building materials may include, but not limited to: ceiling tile, floor tile and mastic, sheetrock, tape and be compound, thermal pipe insulation, spray-on ceiling material, calks, and roofing products. As there have been numerous asbestos containing products manufactured over the years, you must check each building s Asbestos Management Plan. This plan is normally kept in the main office and may be reviewed upon request. After reviewing the Asbestos Management Plan and are still unclear about whether the area you will be working in contains asbestos or not, please contact Bill Knight at Possession of fire arms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school district property. Use of any tobacco products is not permitted on school property. Section 2.0: Standard Terms and Conditions 2.1 The District reserves the right to accept or reject any and/or all proposals, to waive any technicalities, to waive any formalities, to be the sole judge of quality and equality, to accept the proposal that is in the best interest of the district, and the right to waive minor irregularities in the procedures. Building Systems Support Services CSP Page 3 of 33

4 2.2 The District further reserves the right to reject all proposals and seek new proposals when such procedures are in the best interest of the district. The District also will be the sole judge as to the definition of district s best interest. 2.3 No orders are to be placed without a purchase order signed by the Purchasing Agent. No payment will be made for orders filled without an approved purchase order. 2.4 All invoices must include the purchase order number and sent to: Denton Independent School District Accounts Payable Department P. O. Box 2387 Denton, Texas PAYMENTS WILL BE MADE MONTHLY 2.5 Denton ISD is exempt from Federal Excise Tax. DO NOT INCLUDE TAX IN CSP PRICES. Excise Tax Exemption Certificate will be furnished upon request. 2.6 The successful Proposer may not assign its rights and duties under an award without the written consent of Denton ISD. Such consent shall not relieve the assignor of liability in the event of default by its assignee. 2.7 Failure of the successful Proposer(s) to notify the District sufficiently in advance of the inability to complete the job within the time frame allowed and with acceptable reasons(s) shall give the District the option of cancelling the contract. 2.8 Denton ISD is a member of the Educational Purchasing Cooperative of North Texas (EPCNT). Several governmental entities around Denton ISD have indicated an interest in being included in this contract. All purchases by entities other than Denton ISD will be billed directly to that entity and paid by that entity. Denton ISD will not be responsible for another entity s debts. 2.9 Insurance Requirements, when required, (Section 6.0) will submit the following Certificates of Insurance naming Denton ISD as Certificate Holder and named additional insured on General Liability Certificates. Certificates may be faxed to the Purchasing Department at or ed to cfarmer@dentonisd.org. The selected Proposer will be required to supply the insurance certificate(s) prior to the start of the project. The selected Proposer agrees to provide insurance policies or contracts for insurance, when requested, in addition to Certificates of Insurance The District reserves the right to require higher limits of coverage depending on the size, scope and nature of a CSP. The following minimum limits shall apply to each type of insurance coverage Worker s Compensation and Employer s Liability Insurance with statutory limits in conjunction with Employer s Liability Insurance with limits no less than $500,000 per accident/disease is required. The Vendor shall require subcontractors to provide insurance for the latter s employees, unless such employees are covered by a Worker s Compensation policy furnished by the General Contractor Commercial Automobile Liability and Property Damage covering all owned, non-owned and hired vehicles to be used in performance of this work; Bodily injury and Property Damage coverage shall be in an amount no less than $100,000 per person/$300,000 per occurrence/$100,000 property damage Commercial General Liability Damage Insurance at the minimum combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations. ($1,000,000 products/completed operations must be maintained for at least two (2) years after the installation is completed). Coverage must be written on an occurrence form. Contractual liability must be maintained with respect to the contractor s obligations contained in the contract. A per-project aggregate endorsement must be included. Building Systems Support Services CSP Page 4 of 33

5 2.9.4 Umbrella Liability Insurance Liability on a following form basis with a limit not less than $1,000,000 per occurrence in excess of all primary limits The successful proposer shall furnish Denton ISD certificates of insurance in writing no later than 15 working days after acceptance of a contract Denton ISD must be given ten (10) day notice of cancellation or change in insurance coverage Bond Requirement, when required, (Section 6.0) will submit the following: Bid Security Bond, Certified Check or Cashier s Check in an amount equal to 5% of the largest possible total proposed cost and made payable to the District and submitted with proposal Performance Bond in the amount of 100% of proposed management fee. Bond shall be held by a legitimate surety company licensed to do business in the state of Texas and acceptable to the District Labor and Material Payment Bond in the amount of 100% of proposed management fee. Bond shall be held by a legitimate surety company licensed to do business in the state of Texas and acceptable to the District Third Party Fidelity bond of $50,000 per employee along with umbrella coverage in the amount of not less than $5,000, The successful proposer shall furnish to Denton ISD, when required, no later than 15 working days after acceptance of a contract Bonds shall be executed by a Surety Company approved by the District and authorized to do business in the state of Texas Certificate of Interested Parties Form The Texas Legislature adopted House Bill 1295 which added section of the Government Code Chapter 2252, Contracts with Governmental Entity Section Disclosure of Interested Parties (d) A governmental entity or state agency may not enter into a contract described by Subsection (b) with a business entity unless the business entity, in accordance with this section and rules adopted under this section, submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency Form 1295 is not required for the submission process but must be completed prior to contract execution For further information go to During any fiscal year of this agreement the Board of Trustees fails to appropriate funds, the District will immediately notify the contractor and relieve them of their obligations under this agreement. Any/All extensions will be subject to the availability of funds, product quality, vendor performance, and the agreement of both parties to extend Neither the vendor nor the district shall be responsible or deemed to be in default of its obligations to the other to the extent any failure to perform or delay in performing its obligation under any resulting agreement is caused by events or conditions beyond the reasonable control of that party, and are not due to the negligence or willful misconduct of such party (hereinafter, Force Majeure events ). For purposes of this document, Force Majeure events shall include, but not limited to, acts of God or public enemy, war, riot or civil commotions, Building Systems Support Services CSP Page 5 of 33

6 strikes, epidemic, fire, earthquake, tornado, hurricane, flood, explosion or other catastrophes, or events or conditions due to governmental law, regulations. Ordinances, order of a court of competent jurisdiction, executive decree or order. However, in the event of such delay(s) or nonperformance, the party so delayed shall furnish prompt nonperformance and mitigate its effects or to otherwise perform. The District shall not be responsible for payment for any product or service delayed or foreclosed by a Force Majeure event unless and until such delayed or foreclosed product or service is provided. Section 3.0: Scope of Work 3.1 The District is accepting Competitive Sealed Proposals (CSP) from qualified vendors for Building Systems Support Services. The Contractor(s) shall provide qualified personnel to perform planned maintenance, inspection and repair services for the facilities listed in this proposal. 3.2 The District has an active construction and renovation program with several projects currently in process or planned during the term of this agreement The District will provide a list of new facilities added during the term of this CSP and negotiate a price prior to the renewal period The District will provide a list of current facilities that may be sold, demolished, or remodeled during the term of this CSP and negotiate a price and scope of work prior to the renewal period. 3.3 Staffing Requirements and Standards Proposer accepts full responsibility for adhering to Senate Bill 9 (SB9 attached) and all its requirements for obtaining national criminal history record information and fingerprinting of all employees that are assigned duties where students are present Proposer shall provide a list/log of all current staff with appropriate documentation verifying compliance with Senate Bill 9 regarding the fingerprinting /background checks All matters pertaining to the recruitment, screening, hiring and retention shall be the exclusive responsibility of the Contractor. These matters shall be done fully in compliance with existing statutes and regulations pertaining to affirmative action, non-discrimination, wage and hour and any other stipulations germane to prudent personnel management Contractor employees may not work on District property where students are present when they have been convicted, received probation or deferred adjudication for any of the following, but not limited to, felony offenses: Any offense against a person who was, at the time of the offense, under 18 year of age or enrolled at a public school, any sex offense, any crimes against persons involving controlled substances or property, or any other offense the District believes might compromise the safety of students, staff, or property Contractor shall provide qualified and trained personnel to perform the duties and responsibilities described in this proposal and resulting agreement The Contractor shall be responsible for the training, as necessary, in the uses and applications of chemicals, gases, etc. and the use of equipment to facilitate safe conditions outlined by OSHA for the employees and the district s students and staff Personnel will maintain a courteous and professional appearance and attitude while on Denton ISD property Contractor shall without incremental expense to Denton ISD, obtain and maintain necessary licenses and permits, and be responsible for complying with any Federal, State, County and Municipal laws, codes and regulations which are applicable to the performance of work under the resulting agreement. Building Systems Support Services CSP Page 6 of 33

7 3.4 Damage Contractor shall without incremental expense to Denton ISD provide all employment costs, background and criminal history review, insurance, benefits, uniforms, personal protection and safety equipment, cell phones, radios, vehicles, fuel, ladders and hand tools as required by each trace to perform normal and customary work and training for personnel assigned to the resulting agreement Proper clothing will be worn at all times. Sleeved t-shirts and long pants are the preferred attire with the company logo on the shirts. Any deviation from this will be reviewed for acceptance Denton ISD requires all vendors doing business on Denton ISD property to have their employees and vehicles identified with company logos on vehicles, ball caps, shirts and/or badges Possession of fire arms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school district property. Use of any tobacco products is not permitted on school property The Contractor shall be responsible for the repair/replacements, to the satisfaction of the district s representative, of any damage to the facility caused by the Contractor of contractor employees. 3.5 Dispute Resolution Dispute resolution will begin with the Executive Director of Operations Any unresolved issues will be addressed by the selected vendor, the Executive Director of Operations and the Purchasing Department. 3.6 Parts and Supplies Denton ISD will furnish all maintenance repair parts and supplies to include all service expendables, cleaning supplies, lubricants, refrigerants, chemicals, gasses, air filters, major rental equipment and all other specialized tools to perform infrequent repairs that required such tools. 3.7 Work Hours All work will be performed during regular school business hours: 7:00am to 4:00pm, Monday through Friday excluding school holidays unless otherwise agreed The official school calendar is located on the Denton ISD website. 3.8 Sub-Contractors Sub-contracting of services must be approved by Denton ISD prior to any work being performed. Section 4.0: Performance Requirements and Conditions 4.1 Electrical, HVAC, Irrigation, Kitchen, Plumbing and Refrigeration Support Services Perform planned maintenance on the HVAC, Kitchen and Refrigeration equipment and systems as listed in attached Equipment List. Proposer shall submit a detailed plan of their approach to performing planned maintenance on this equipment including a list of proposed tasks for each type of system as ATTACHMENT C Annual maintenance tasks on Chillers and Cooling Towers should be scheduled just prior to the start of the school year Planned maintenance of Boilers should be scheduled as a seasonal heating system start-up and shut downs. Building Systems Support Services CSP Page 7 of 33

8 Condenser coils must be cleaned with the approach following manufacture s recommendations and at least on time per year Air filter changes are included in this scope of work. Frequency of changes will be determined jointly by the contractor and the district As planned maintenance cycle is completed on a campus, a report must be submitted to the district detailing the work performed, the condition of the equipment and identifying any maintenance areas that may require special attention or where unsafe conditions exists Perform all other maintenance, service calls and repair service / equipment replacement on all the district s Electrical, HVAC, Irrigation, Kitchen, Plumbing and Refrigeration equipment and systems as needed and directed by the District. 4.2 Water Treatment Service Perform services on the closed and open systems listed in the attached Equipment List Include all test kits, portable meters and chemicals to test and properly treat the systems on an ongoing basis. Systems should be tested and if necessary, treated on the following intervals: Closed System Chilled Water Quarterly Closed System Hot Water Quarterly Closed System Geo-thermal Semi-Annual Open System Cooling Towers Monthly 4.3 Building Automation & Card Access Systems Support All buildings, systems and campuses are monitored and controlled by the systems as noted in the attached Equipment List Perform the following Software Support Services: Provide diagnostic tests to ensure proper system function Provide application support and operator training as needed to ensure the systems are utilized to the fullest possible extent Provide periodic data base back-ups for all systems. 4.4 Hardware Support Services Perform scheduled planned maintenance as follows: Monthly inspection and necessary cleaning of front-end computers, monitors and printers Annual calibration of temperature, humidity and CO2 sensors Annual inspection of Card Access System and Door Control Devices Annual inspection of Intelligent Irrigation Controls Annual inspection of all controllers and enclosures Perform all other maintenance, service calls and repairs to the systems as needed and directed by the district Help-Desk Support Provide unlimited telephone support for operational or maintenance oriented questions. Building Systems Support Services CSP Page 8 of 33

9 Have the ability to remotely access the system to accurately diagnose situations and assess customer needs. 4.5 Fire Extinguisher Inspection / Services Provide the following services: Perform annual fire extinguisher inspections and functional tests per NFPA Standards Complete Documentation and Recommendations of the test and inspection as follows: Location Test results, load readings, or voltages Discrepancies noted, recommendations and on correction made on site Documentation will be provided in hard copy and via , if requested, and kept on file at the contractor s location for a period of five years from time of inspection This does not include the kitchen hood extinguishing systems. 4.6 Energy Management Support Services Provide the following services Semi-annual Building Automation and Control System utilization review. Review equipment operation schedules to ensure that mechanical systems are operation as programmed. Make recommendations for changes that will reduce energy cost Meet with District staff to review utility costs and address abnormal consumption or cost concerns as needed Semi-annual electric, gas and water utility cost analysis for all campuses and buildings in the district. The analysis shall identify and compare the consumption and cost for current periods with prior periods on a campus by campus and utility by utility basis. The analysis shall also include comparisons that normalize weather, size and utility rates Make recommendations and assist with re-negotiations and/or provider changes on campuses where the electric utility is deregulated Walk-through audits of campuses and buildings as needed to investigate evaluate energy use or saving opportunities Semi-annual report to the administration and board Provide an alternate price for off premise utility accounting services to collect, input and validate all utility cost and consumption information into a software data base supplied by the vendor. The software and data base would contain real-time energy dashboards that accomplish and/or facilitate the requirements of sections Fully. Describe the service as directed in Section Provide an alternate price for ongoing real time monitoring of electric consumption on a campus by campus bases Include all campuses where the utility provider provides this information via a website and other campuses where the electric meters have been connected to the district s building automation and control system Provide weekly reports to the district with observations and recommendations for more effective operation. Building Systems Support Services CSP Page 9 of 33

10 Section 5.0: Evaluation Criteria 5.1 Final evaluation of this proposal will be based on the Texas Education Code (b) per the General Conditions. Evaluation of pricing will be based on Unit Price value to be submitted on the Pricing Sheet. EVALUATION CRITERIA POINT VALUE Purchase Price 45 Reputation of the vendor and vendor s goods or services 10 Quality of the vendor s goods or services 15 Extent to which the goods or services meet the district s needs 15 Vendor s past relationship with the district 3 Impact of district s compliance with laws and rules relating to Historically Underutilized Businesses 2 Total long-term cost to the district 5 Other relevant factors specifically listed in this CSP 5 Total Points The District does not award contracts on pricing alone. The District reserves the right to award the contract to the proposer(s) who offer the best value and in the best interest of the district. 5.3 The District reserves the right to be the sole judge as to the definition of best value and Best interest of the district. 5.4 Denton ISD reserves the right to negotiate price/delivery for service(s) / product(s) identified by this request. Discussions / negotiations may be conducted with vendors who are deemed to be within the competitive range. If discussions/ negotiations are conducted, respondents may be required to submit a best and final offer. The best and final offer may be required as early as 24 hours after completion of discussions/negotiations. 5.5 If the District is unable to reach a contract agreement with the selected proposer, the District shall terminate further discussions and proceed to the next proposer in the order of the selection ranking until a contract agreement is reached or all proposals are rejected. 5.6 The District will review submission and notify submitting Proposers of decisions made. The District may elect to interview some of those vendors submitting proposals. Proposers to be interviewed will be notified as to the date, time and place for the interview. Section 6.0: Special Terms and Conditions 6.1 The District intends to award this proposal to one (1) vendor if it is in the best interest of the District. 6.2 A Pre-Proposal Meeting will be held at 8:00 am on Wednesday, May 25, 2016 at the district maintenance facility, 230 North Mayhill Rd., Denton, TX to discuss the proposal requirements and an overview of Contractor expectations. Arrangements can be made to tour any of the facilities at the conclusion of the meeting. Only questions answered by formal written addenda will be binding. All addenda become a part of the CSP documents. 6.3 The proposal submission shall include one (1) original (Clearly labeled Original) and two (2) copies (Clearly labeled Copy) and must be sealed in an envelope, box or container, clearly marked on the outside with CSP Building Systems Support Services. 6.4 The term of this contract, upon governing body approval, shall be for a period of two (2) years beginning July 1, 2016 through June 30, 2018 with an option to renew for two (2) two year extensions, with governing Building Systems Support Services CSP Page 10 of 33

11 body approval, based on the long-range needs of the District and mutual consent of both parties. The final expiration date would be June 30, Prices and/or discounts submitted shall be firm for the period of two years beginning July 1, After the initial contract term, the District reserves the right to extend the contract as indicated in this request. Renewing the contract would imply doing so under she same terms and conditions. Any proposed price change(s) must be submitted in writing and signed by an authorized company representative no later than six (6) months prior to the expiration date to be considered. Within this six (6) month period, the District reserves the right to negotiate or reject any or all request for rate increases. Prices will remain firm during each renewal period. 6.6 Price increases for each additional extension term will be negotiated not to exceed the CPI in the Denton/Dallas/Fort Worth area at the time of the renewal. 6.7 The District will provide a list of additional facilities added during the term of this CSP and negotiate a price prior to the renewal period. 6.8 The District will provide a list of current facilities that may be sold, demolished, remodeled or property boundaries changed during the term of this CSP and negotiate a price and scope of work prior to the renewal period. 6.9 During any fiscal year of this agreement the Board of Trustees fails to appropriate funds, the District will immediately notify the contractor and relieve them of their obligations under this agreement. Any/All extensions will be subject to the availability of funds, product quality, vendor performance, and the agreement of both parties to extend The District reserves the right to extend this solicitation at the end of any contract term for up to 60 days if determined to be in the best interest of the District to ensure the availability of products and/or services. All purchase orders dated and issued within these dates will be subjected to the terms and conditions of this CSP The successful Proposer may not assign its rights and duties under an award without written consent of Denton ISD. Such consent shall not relieve the assignor of liability in the event of default by its assignee Whenever Denton ISD, in its discretion, deems it to be in the District s best interests, it may terminate any resulting award for the District s convenience. Such termination shall be effective thirty (30) days after Denton ISD delivers written notice of such termination for convenience to the Vendor. Upon receipt of such notice from the District, Vendor shall not thereafter incur, and Denton ISD shall have no liability for, any costs under this CSP that are not necessary for actual performance of the CSP between the date of the notice of termination for convenience and the effective date of that termination for convenience. In the event of a termination for convenience hereunder, Denton ISD shall have no liability to Vendor for lost or anticipated profit resulting there from The Vendor shall be considered in default of this CSP, and such default shall be grounds for the District to terminate any resulting award for this CSP and/or pursue any and all relief, at law or in equity, to which it may be entitled by reason of such default if Vendor fails to perform any of its obligations under this CSP and fails to correct such non-performance within ten (10) calendar days of written notice from the District to do so. Should any termination of this CSP under such termination shall be considered a termination for convenience under To be considered for award of this solicitation, all pages requiring signature, plus any/all attachments, must be legible and completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time. Required documents are: Signature Sheet Deviation / Compliance Signature Form SB9 Criminal History Record Information Non-Collusion Statement Criminal Background Check and Felony Convection Notification Debarment or Suspension Certification Form Toxic Control Affidavit Building Systems Support Services CSP Page 11 of 33

12 Clean Air and Water Act Compliance Resident Bidder s Certification Conflict of Interest Questionnaire Interlocal Agreement Clause (EPCNT) - Optional References Vendor Data Form Additional Documents W-9, Tax Payer Identification Number & Certification (Required) Valid copy(s) of Certificates of Insurance Required when awarded HUB certification documentation if applicable Bid Security Bond or Cashier s Check Required when awarded Performance Bond Required when awarded Labor and Material Payment Bond Required when awarded Fidelity Bond Required when awarded Attachment A Company History Attachment B Qualifications Attachment C Planned Maintenance Attachment D Management and Technical Approach Proposal Form Building Systems Support Services CSP Page 12 of 33

13 SIGNATURE SHEET I or we, the duly authorized undersigned, having carefully read and fully understand the specifications and conditions relating to this document, do hereby agree to enter into a contract with Denton ISD by tendering this offer to perform the work required and/or provide the products(s) specified in this solicitation. I or we, also certify to the accuracy of the certifications required which accompany this offer. I, or we, are authorized to submit this offer and have not been a party to any collusion among offer/offerors in restraint of freedom of competition by agreement to offer at a fixed price or to refrain from offering; or with any Denton ISD employee, Board Trustee, or consultant as to quantity, quality, or price in the prospective contract, or in any terms of the prospective contract except in any authorized discussion(s) with Denton ISD s Purchasing personnel; or in any discussions or actions between offer/offerors and any Denton ISD employee, Board Trustee, or consultant concerning exchange of money or other things of value for special consideration in the award of this contract. SUBMITTED BY: FIRM: (OFFICIAL FIRM NAME) BY: (Original Signature) Name: (Typed or Printed Name) MUST BE SIGNED IN INK TO BE CONSIDERED RESPONSIVE Title: (Typed or Printed Title) (Date) Address: City/State/Zip: Phone #: Fax #: NOTE: Submit copy of Proposer s Taxpayer Identification #: current W-9 Form I hereby acknowledge receipt of the following addenda (if applicable) which have been issued and incorporated into the CSP Document. (Please initial in ink beside each addenda received.) Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Building Systems Support Services CSP Page 13 of 33

14 DEVIATION/COMPLIANCE SIGNATURE FORM Company Name: Address: City/State/Zip: Phone Number: Fax #: If the undersigned Proposer intends to deviate from the Item(s) Specifications listed in this CSP document, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its CSP award decisions, and the District reserves the right to accept or reject any CSP based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the Proposer assures the District of his/her full compliance with the Terms and Conditions, Item Specifications, and all other information contained in this CSP document. No Deviation Yes Deviations Signature of Proposer Date Signed If yes is checked, please list below. Attach additional sheet(s) if needed. Building Systems Support Services CSP Page 14 of 33

15 THIS COMPLETED FORM MUST BE RETURNED WITH BID PROPOSAL Model SB 9 Contractor Certification Form Criminal History Record Information Review of Certain Contract Employees Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. Definitions: Covered employees: Includes all employees of a contractor (to include any subcontractors and/or independent contractors) who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying conviction: One of the following offenses, if at the time of the offense: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or c) an equivalent offense under federal law or the laws of another state. On behalf of ("Name of Contractor"), I First Name: Last Name: Address: City: State: Zip: Telephone: Fax: Certify that [check one]: [ ] None of Contractor s employees are covered employees, as defined above. Or [ ] Some or all of the Contractor's employee are covered employees. If this box is selected, I further certify that: Contractor has obtained all required criminal history record information, through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees has a disqualifying conviction. Contractor has taken reasonable steps to ensure that its employees who are not covered employees do not have continuing duties related to the contract services or direct contact with students. If Contractor receives information that a covered employee has a disqualifying conviction, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within three (3) business days. Upon request, Contractor will make available for the District's inspection the criminal history record information of any covered employee. If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance by the Contractor with this certification may be grounds for contract termination. Signature Date Building Systems Support Services CSP Page 15 of 33

16 NON-COLLUSION STATEMENT The undersigned affirms that he/she is duly authorized to execute this CSP, that this company, corporation, firm, partnership or individual has not prepared this CSP in collusion with any other Proposer, and that the contents of this CSP as to prices, terms or conditions of said CSP 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 the CSP. Firm Name: Address: City/State/Zip: Phone #: Fax #: Name of Authorized Official: Signature of Authorized Official: (Typed or clearly printed) Position / Title: Date Signed: Firm hereby assigns to purchaser any and all claims for overcharges associated with this CSP which arise under the antitrust laws of the United States, 15 USCA Section 1 and which arise under the antitrust laws of the State of Texas, Business and Commerce Code, Section Building Systems Support Services CSP Page 16 of 33

17 CRIMINAL BACKGROUND CHECK AND FELONY CONVICTION NOTIFICATION CRIMINAL BACKGROUND CHECK Bidder/Proposer will obtain history record information that relates to an employee, applicant for employment, or agent of the Bidder/Proposer if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Bidder/Proposer certifies to the Denton ISD before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Bidder/Proposer shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from Denton ISD s property or other location where students are regularly present. Denton ISD shall be the final decider of what constitutes a location where students are regularly present. Bidder/Proposer s violation of this section shall constitute a substantial failure. If the Bidder/Proposer is the person or owner or operator of the business entity, that individual may not self-certify regarding the criminal history record information and its review, and must submit original evidence acceptable to the District with this Agreement showing compliance. FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section , 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 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. THE FELONY CONVICITON NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION. I, the undersigned agent for the firm named below, certify that the information concerning criminal background check and notification of felony convictions has been reviewed by me, the following information furnished is true to the best of my knowledge, and I acknowledge compliance with this section. Firm Name: Name of Authorized Company Official: (Typed or clearly printed) My firm is a publicly-held corporation; therefore this reporting requirement is not applicable: Signature of Company Official: Date: A. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official: Date: B. 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: Date: NOTE: Name and signature of company official should be the same as on the Non-Collusion Statement Vendor is responsible for the performance of the persons, employees and/or sub-contractors Vendor assigns to provide services for the Denton ISD pursuant to this CSP on any and all Denton ISD campuses or facilities. Vendor will not assign individuals to provide services at a Denton ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Denton ISD Purchasing Department. Building Systems Support Services CSP Page 17 of 33

18 DEBARMENT OR SUSPENSION CERTIFICATION FORM Non-Federal entities are prohibited from contracting with or making sub-awards under covered transaction to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement of goods or services equal to or in excess of $100,000. Vendors receiving individual awards of $100,000 or more and all sub-recipients must certify that the organizations and its principals are not suspended or debarred. By submitting this offer and signing this certificate, you (the Vendor): (1) Certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency under the Federal OMB, A-102, common rule. Firm s Name: Address: City/State/Zip: Telephone #: Authorized Company Official s Name: Title of Authorized Representative: (Typed or printed) (Typed or printed) Signature of Authorized Company Official: Date Signed: Building Systems Support Services CSP Page 18 of 33

19 TOXIC CONTROL AFFIDAVIT Denton ISD has established Management Plans for ensuring a high level of environmental air quality through its Operations Department. All contractors performing construction projects for DISD must familiarize themselves with these Management Plans and comply prior with the beginning of any awarded construction project. DISD employees are available to review such Plans and assist in interpretation and understanding its Asbestos Management Plans at any time prior to beginning construction. Certification of non-use of Asbestos and Lead Containing Materials is required by all General and Sub Contractors for all construction projects, by State and Federal regulations which Denton ISD is subject to. Completion of this Affidavit is mandatory before final payment on a project will be made. Complete this certificate, have it notarized and submit it with your application for final payment, certifying that no materials used in conjunction with this project contain asbestos or lead in any form and that all Material Safety Data Sheets (MSDA) have been supplied to Owner before submitting application for final payment. ASBESTOS AND LEAD-FREE MATERIALS I, the undersigned agent for the company/firm or individual named below, certify that materials supplied by me and used in conjunction with this project contained neither Asbestos nor Lead and are non-toxic in nature. I further certify this statement to be true for the project contracted with Owner as described below: Project No. School/Facility: Description of project, including specific areas within school/facility certified as Asbestos/Lead free. Include building map, if necessary. Use facility name and room numbers where applicable: Contractor s Name: Authorized Company Official s Name: (Printed or Typed) The claim contained within this affidavit is subscribed and swore before me, a Notary Public, this day of, 20. Notary Public, State of (Seal) Signature Printed Name Date of Commission Expires Building Systems Support Services CSP Page 19 of 33