ALDINE INDEPENDENT SCHOOL DISTRICT

Transcription

1 ALDINE INDEPENDENT SCHOOL DISTRICT Carlotta Nicholas, Director of Purchasing Aldine Westfield Road Houston, TX Phone Fax NOTICE TO PROPOSERS Aldine Independent School District is accepting sealed Requests for Proposals (hereafter referred to as RFP or proposal) for Fuel until October 6, 2015 at 1:00 pm, upon which proposals will be opened in the district s board room and responding vendor names will be read aloud. Method of Delivery Proposals must be sealed and delivered in person, by certified mail, or via courier to: ALDINE INDEPENDENT SCHOOL DISTRICT, ATTN: PURCHASING DEPARTMENT Aldine Westfield Road, Sonny Donaldson Administration Building, Houston, TX no later than the October 6, 2015 at 1:00 pm. Proposal Envelopes must be sealed and plainly marked as described below: PROPOSAL: Fuel RFP#: TRN COMPANY NAME: DO NOT OPEN UNTIL: October 6, 2015 at 1:00 pm Disqualified Proposals Proposals received later than the specified time, whether delivered in person or mailed, will be disqualified and returned. Faxed or ed proposals do not meet the sealed proposal requirement and will also be disqualified. Bid Tabulations After the proposal is awarded by the Board of Trustees, a tabulation summary will be posted to the district s website, under Community, Vendors, Vendor Bids, Bid Tabulations. Aldine ISD reserves the right to accept or reject any/or all proposals or to make awards as they appear to be advantageous to the district and to waive any and all informalities. Addendums Responding participants should periodically check the district s website for any addendum clarifications that may occur prior to the proposal due date. (See, Community Vendor, then Vendor Bids ). Questions regarding the proposal are to be submitted in writing to Robin DeRouen at rmderouen@aldineisd.org, Michael Houston at mehouston@aldineisd.org and copy bids@aldineisd.org Page 1 of 41

2 TABLE OF CONTENT Scope of Services Page 3 Special Terms and Conditions Page 6 General Terms and Conditions Page 11 Proposal Form Page 19 Evaluation Criteria Page 23 Deviations Form Page 26 No Submission Form Page 27 References Page 28 Supplier Code of Ethics Page 29 Statement of Non Discrimination Page 31 Representations and Certifications Page 32 Felony Conviction Notice Form Page 33 Covenants against Gratuities/Parent Company Information Page 34 Certification of Independent Price Determination/Certification of Non-Collusion Page 35 Communications Certification Page 36 Signature Block Page 37 Conflict of Interest Questionnaire Requirement Page 38 Criminal Background Fingerprint Requirement Page 39 HUB Certification Page 40 Agreement Terms Page 41 Page 2 of 41

3 SCOPE OF SERVICES Fuel RFP# TRN Aldine Independent School District requests sealed Proposals for the purpose of identifying a vendor or vendors to supply (1) 87-Octane Regular Unleaded Gasoline, (2) Ultra-Low Sulfur #2 Diesel Fuel for use in District vehicles. Last year s annual usage consisted of approximately 275,351 gallons of (87) octane regular gasoline and 1,250,676 gallons of ultra-low sulfur diesel #2 fuel. The following dollar amounts are an approximate expenditure for the two commodities AISD is using: Regular Unleaded Gasoline (87) Octane Annual Expenditure: $830, (Expenditures based on school year) Ultra-Low Sulfur #2 Diesel Fuel Annual Expenditure: $4,612, (Expenditures based on school year) Supplier will be required to make deliveries to volume tanks at the following locations: LOCATION 1. TRANSPORTATION-WESTSIDE 9900 ANTOINE DR., HOUSTON, TX TRANSPORTATION-ADMINISTRATIVE ANNEX 1617 LAUDER RD., HOUSTON, TX TRANSPORTATION-FM 525 LOCATION ALDINE PROPERTY EAST OF THE BUS WASH FACING ALDINE BENDER RD. 4. TRANSPORTATION -W.W. THORNE STADIUM 1865 ALDINE BENDER RD., HOUSTON, TX POLICE DEPT.-W.W. THORNE STADIUM 1865 ALDINE BENDER RD., HOUSTON, TX MAINTENANCE DEPARTMENT ALDINE WESTFIELD, HOUSTON, TX GALLON TANK (2) TWO 15,000 DIESEL (1) ONE 10,000 GASOLINE (2) ONE 8,000 DIESEL (1) ONE 10,000 DIESEL (1) ONE 20,000 GASOLINE (1) ONE 6,000 GASOLINE SKID TANK CURRENTLY IN USE ALDINE POLICE (1) ONE 10,000 GASOLINE SKID TANK (1) ONE 6,000 DIESEL SKID TANK Page 3 of 41

4 SCOPE OF SERVICES Fuel RFP# TRN NOTE: Two of the facilities are approximately one mile apart. Tanker loads may at times be split between the two locations. A third facility is located on the corner of Antoine and Fallbrook Drive. The proposer shall furnish the necessary personnel, services and facilities to provide and deliver fuels requested by the district. The fuels to be provided under this contract shall meet or exceed the specifications of 87-Octane Regular Unleaded Gasoline and Ultra-Low Sulfur #2 Diesel Fuel.. This contract will exist from the date of award and exist for one year with the option to renew for two additional, one year periods. The proposer will be issued one purchase order from each of the three departments for the calendar year for each motor fuel type used. The departments are Transportation, Police and Maintenance Departments. The Transportation Department will give the purchase order number to the contractor when placing a telephone order. Contract Requirements: A. Quantities During the one-year term of this contract, the District expects to purchase 1,526,027+ gallons of motor fuel. Any purchases exceeding this estimated amount must be furnished in accordance with the terms and conditions of this contract. Transportation will order approximately eighty-seven (87) loads of regular 87 Octane unleaded gasoline and one-hundred and seventy-six (176) loads of Ultra-Low Sulfur #2 Diesel. B. Delivery Authorization Orders will be placed by telephone by the Transportation Department for delivery to Aldine ISD Transportation sites. The Police Department and Maintenance Department operate on an electronic monitor system and will need a compatible system from proposer. Telephone orders for delivery to locations other than Aldine ISD Transportation sites must be rejected by the contractor. All delivery orders shall be based on the fixed weekly price as described in Section A listed below. C. Temporary Tank The proposal shall include a price cost for providing a temporary 6,000 gallon skid tank at W.W. Thorne Stadium which is located at 1865 Aldine Bender Houston, TX and a 10,000 gallon and 6,000 gallon fuel tank located at 1490 Aldine Meadows Houston, TX All tanks must be double walled to include 115V high volume pumps and monitors. Skid tanks must be monitored 24 hours a day 7 days a week. * Skid tank, pump, and monitor rental fees shall be included in the pricing of the fuel.* Page 4 of 41

5 SCOPE OF SERVICES Fuel RFP# TRN D. Prices Proposers are required to propose a price differential above or below the weekly average according to the Petroleum Administration for Defense District (PADD 3) Gulf Coast Region Port of Houston, Texas published by the Oil Price Information Service (OPIS). The proposer shall use the OPIS weekly average for regular unleaded (87 Octane) and Ultra-Low Sulfur #2 Diesel. Adding the proposal price differential to the PADD 3 average price to establish a fixed price to be in effect for the weekly average in which the price was taken. The District will require a copy of the loading ticket from the loading rack that reflects the loading temperature and number of gallons loaded. The District will be invoiced for number of gallons delivered only. Fuel will be measured at net gallons, 60 F and billing will be made from the net gallon figure delivered. A copy of the loading ticket should be included with the delivery ticket. ALL FEES MUST BE INCLUDED IN THE PRICING OF THE FUEL!!! Price Documentation Once each week the proposer shall submit a letter to be received prior to the twenty-fifth day of the month that includes the following information: Regular Unleaded Gasoline (87 Octane) Transport Load over 6,000 gallons OPIS Average Price weekly $X.XXX Differential firm for weekly Total Price Per Gallon $X.XXX Ultra-Low Sulfur #2 Diesel Transport Load over 6,000 gallons OPIS Average Price- weekly $X.XXX Differential firm for weekly Total Price Per Gallon $X.XXX Attach to the letter a copy of the OPIS PAD 3 Report (first listing of the week). The letter shall be mailed as well as ed to Robin DeRouen at rmderouen@aldineisd.org. Please carbon copy the to Mario Williams also at mlwilliams@aldineisd.org. The mailing address is: Robin DeRouen Executive Director of Transportation Aldine Independent School District 1617 Lauder Road Houston, Texas Page 5 of 41

6 SPECIAL TERMS AND CONDITIONS Fuel RFP# TRN QUANTITIES REQUIRED are estimated and in no way shall the estimates be considered a guarantee. Regular Unleaded Gasoline #2 Ultra-Low Sulfur 87 Octane Diesel Approximate Annual Use: 275,351 gallons 1,250,676 gallons SPECIAL REQUIREMENTS Aldine ISD does not pay federal excise or state tax on gasoline or diesel fuels. Contractor shall furnish any exemption certificates needed for government records. ALL FEES MUST BE INCLUDED IN THE PRICING OF THE FUEL!!! DELIVERY - All fuel products shall be furnished in bulk quantities only and delivered in vendor's trucks to the location designated in accordance with all local, state and federal regulations regarding transport, handling and delivery by strictly adhering to recommended occupational controls procedures to avoid any potential adverse health effects. MAXIMUM DELIVERY TIME SHALL NOT EXCEED ONE (1) WORKING DAY OR TWENTY- FOUR (24) HOURS FOR PRODUCT ORDERED BEFORE NOON. Vendor is obligated to furnish product within the quantity levels specified and charge the appropriate amount for the product at that level. Billed quantities shall be adjusted (temperature corrected net) to 60 degrees F. Failure to make proper or timely delivery will be cause for the District to purchase gasoline or diesel on the open market, charging back the difference between market and contract price to the vendor, subtracting such total from invoices outstanding. All delivered products shall be transferred to Aldine ISD owned tanks. The delivery driver shall do accurate measuring before and after the delivery quantities shall be adjusted (temperature corrected net) to 60 degrees F. Measurements will be verified by Aldine ISD personnel. Vendors must be able to furnish certifications issued by the State of Texas, which verify tank capacities on a given truck. The cargo manifest shall be carried with motor fuel until the motor fuel is resold or removed from the cargo truck. Deliveries are accepted during normal working hours Monday thru Friday preferably 8:00 A.M. through 4:00 P.M. However, if necessary, you may call , or for a later delivery up to 9:30 P.M. Delivery shortages, failure to deliver, or failure to deliver product meeting specifications may be cause for cancellation of contract by Aldine ISD to the vendor. QUALITY CONTROL - All gasoline shall be reformulated for the Houston Area and diesel fuel shall be low sulfur in compliance with all applicable EPA, OSHA, CERCLA/DOT Hazardous Substances, Toxic Substance Control Act (TSCA) codes, specifications and regulations at time of delivery to Aldine ISD. The Aldine ISD reserves the right to test fuels at any time for specification compliance. Costs for tests shall be borne by the Contractor in the event product fails to comply. Such failure will result in vendor's prompt removal of failed product, using vendor's own equipment, at no cost to Page 6 of 41

7 SPECIAL TERMS AND CONDITIONS Fuel RFP# TRN the District, within twenty four (24) hours of notification. Acceptable fuel shall immediately replace noncompliant fuel based on the quantity of unsuitable fuel originally delivered to a given location at no charge for the entire shipment. Violations of specification requirements may give the District cause to cancel and re-propose the entire contract and will be a consideration of future awards. WARRANTIES - The district reserves the right to periodically submit samples of product to testing by an independent testing concern. Any product found not to meet the specifications, as set forth in this document will be subject to all conditions of the warranties as follows: Express Warranties, Implied Warranty of Merchantability and Implied Warranty of Fitness for a Particular Purpose shall apply to all purchases initiated by this proposal document. The proposer shall assume all liabilities incurred within the scope of consequential damages and incidental expenses as set forth in the Uniform Commercial Code, which result from either delivery or use of product, which does not meet the specifications within this document. The warranty conditions as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the proposer s pre-printed forms with this document. SUB-CONTRACTING - No part of this proposal shall be subcontracted to another party furnishing gasoline and diesel fuel without the written approval of the Aldine Independent School District. INSURANCE - Contractor shall carry, maintain in effect and pay premiums for during the entire period of this Contract, including any maintenance or warranty period herein, insurance of the types and with Limits of Liability as stated below: Workers Compensation shall be carried in compliance with and in an amount as required by the statutes of the State of Texas. Employers Liability shall be provided in an amount of not less than $1,000, Comprehensive General Liability to include: Products liability, contractual liability, completed operations, and premises, with a limit of $2, per occurrence. Automobile and Fuel Transport Vehicle Liability Insurance covering all own hired and non owned vehicles used in connection with the work with limits not less than $1,000,000 combined single limit for bodily injury and property damage. Such limits of Liability as required above for Products Liability and Automobile Liability may be provided by a single policy of insurance or a combination of policies thereof including an Umbrella Liability policy or Excess Liability policy. Page 7 of 41

8 SPECIAL TERMS AND CONDITIONS Fuel RFP# TRN NOTICE OF CANCELLATION OR MATERIAL CHANGE - All policy or policies as required above shall be endorsed to provide Thirty (30) Calendar Days Written Notice of Cancellation or Material Change to AISD (see 2.8.4). All replacement policy (ies) shall be in place and received by AISD within fourteen (14) days prior to the effective date of the cancellation of the affected policy (ies). MULTIPLE POLICIES - The limits of Liability as required above may be provided by a single policy of insurance or a combination of primary, excess or umbrella liability policies. But in no event shall the total Limit of Liability available for any one (1) occurrence or accident be less than the amount shown above. CERTIFICATES OF INSURANCE - Proof that such insurance coverage exists shall be furnished to AISD in the form of an ACCORD Certificate of Insurance prior to any deliveries being made. SUBCONTRACTORS - Contractor shall require any and all subcontractors performing work under this Contract to carry insurance of the types and with limits of liability as herein described. APPROVAL OF FORMS AND COMPANIES - All such policy or policies of insurance issued in compliance with the above requirements shall be on forms and with insurance companies approved by AISD. All such insurance shall be provided by insurance companies that have a Best's Rating of not less than B+ or greater: VI or greater as shown in the current issue of Best's Key Rating Guide. INDEMNIFICATION The Contractor agrees to indemnify and hold AISD harmless from all liability, costs and expenses for loss of or damage to property, or for injury to or death of persons including, but not limited to, the property and employees of the contractor, arising out of, as a result of, or in connection with any negligent act, of the contractor or its personnel during its performance or in respect to the work under this contract or any failure of contractor to perform this contract in accordance with its terms and conditions, unless such loss or damage was occasioned by the sole negligence of AISD and except as may otherwise be set forth elsewhere in this contract. The contractor shall defend all suits brought upon such claims and pay all costs and expenses incidental thereto. AISD shall have the right, at its own expense, to participate in the defense of any suit, without relieving the contractor of any obligation hereunder. AISD will give the Contractor prompt notice in writing of the institution of any suit or proceeding and permit the contractor to defend same, and will give all needed information to do so. The contractor shall similarly give AISD immediate notice of any suit or action filed or prompt notice of any claim arising out of the performance of the contract. The Contractor shall furnish immediately to AISD copies of all pertinent papers received by the Contractor. Page 8 of 41

9 SPECIAL TERMS AND CONDITIONS Fuel RFP# TRN Contractor will supply AISD a complete set of applicable Material Safety Data (MSDS) sheets for their products upon notification of award of a contract for the supply of fuels. Contractor will give AISD prompt notice of any changes in regulatory information which would affect fuel compositions stated in the Contract. The Contractor shall furnish promptly to AISD copies of all changes and revisions of MSDS information received by the contractor. (See 2.7.5) SUBMITTALS - The Proposer shall provide a minimum of three (3) references of governmental agencies that proposer has serviced with contracts of this type. PRICING ALDINE IS NOT RESPONSIBLE FOR PAYING ANY/ ALL FUEL CHARGES. Proposers are required to propose a one price (the total of an extended price for each product) (Vendor s price per gallon) X (Aldine s projected number of gallons) for the term of the contract. Price escalations will be allowed on each Thursday of the OPIS PAD 3 for the WEEK and shall not exceed the price movement of differential above or below the average OPIS PAD 3 report for Houston, Texas, published December 2014.(Gross Prices) by the Oil Price Information Service. Proposers shall use the OPIS Average for the week of August 6-13, 2015 for the calculations of the bid. Calculate using 7,500 gallons of Ultra Low Sulfur Diesel and 8,500 gallons of 87 Octane Gasoline. The fixed price will only apply for this particular week. Adding the proposer's price differential to the OPIS average price will establish the fixed price to be in effect beginning the following week for Thursday through Thursday. Federal LUST Fee, Federal Oil Spill Recovery Fee, Texas Delivery Fee and any additional fees shall be shown on the invoice as a separate line item. All proposers shall and will convert all fees into PRICE PER GALLONS based on your proposal pricing and based on last years annual usage of 275,351 gallons of (87) octane regular gasoline, and 1,250,676 gallons of ultra-low sulfur diesel. Each proposer shall and will provide Aldine ISD with a conversion table/spreadsheet of the proposers tabulations of price per gallons. All additional fees should be written on the grid. Not providing this information will negate your proposal. VENUE This contract shall be enforceable in Harris County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and of all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, Texas. PRICE DOCUMENTATION The Proposer shall submit a copy of the OPIS INDEX PAD 3 report FOR HOUSTON, TX. with every invoice indicating the OPIS INDEX PAD 3 price in affect for the previous Thursdays. Page 9 of 41

10 SPECIAL TERMS AND CONDITIONS Fuel RFP# TRN AVAILABILITY: In case of emergencies, THE PROPOSER MUST PROVIDE DELIVERY TO THE ALDINE LOCATIONS WITHIN A 6 TO 12 HOUR NOTICE. These emergencies include, weather related situations, natural disasters not to exclude terrorism emergencies and/or failure of the monitoring system which would result in an inaccurate reading producing an emergency situation. The PROPOSER must provide a twenty four (24) hour emergency phone number (s) with a contact name attached to the number (s). The contact person of the PROPOSAL must have the authority to provide the district with emergency delivery of FUEL within the delivery time as specified in the proposal. PROPOSER MUST be able to provide skid tanks within 24 hours of being notified of the awarded the bid. This process must be a turn-key process. If the proposer cannot provide this service, this will negate your proposal. ALL FEES MUST BE INCLUDED IN THE PRICING OF THE FUEL!!! Page 10 of 41

11 GENERAL TERMS AND CONDITIONS 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 SPECIFICATIONS may be those developed by the requestor or by the manufacturer to represent items of regularly manufactured products. QUESTIONS concerning this proposal package shall be addressed to Robin DeRouen at rmderouen@aldineisd.org, Michael Houston at mehouston@aldineisd.org and copy bids@aldineisd.org BIDS SHALL BE SUBMITTED ON THESE FORMS. Bids must be submitted on the AISD Proposal Form in the space provided for pricing. If bidder does not fill in the blank with the bid price, it will be considered a no bid. Bid price and any alternate bid price must appear on the AISD Proposal Form. Deviations to any conditions and/or specifications shall be conspicuously noted in writing by the bidder and shall be included with the bid in the form of manufacturing product, specifications, and/or brochures ONLY SEALED BIDS ARE ACCEPTABLE. FAXED BIDS WILL NOT BE ACCEPTED QUANTITIES AND AMOUNT OF SERVICES REQUIRED are estimated and will be ordered on an as needed basis. The district reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the bidder DELIVERIES required in this bid shall be freight prepaid; FOB destination and bid prices and discounts shall include all freight and delivery charges. For shipments designated on the purchase order to the AISD Central Warehouse, acceptable delivery hours are 8:00 AM to 3:15 PM Central Standard Time. No deliveries will be accepted after 3:15 PM 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 SAMPLES, when called for, shall be submitted with the bid per instructions set forth in The Special Terms and Conditions. Samples must be provided free of expense. If Page 11 of 41

12 required, samples will be returned to bidder at bidder s expense if reusable after evaluation 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 THOSE WHO DO NOT BID are requested to notify AISD Purchasing Department in The No Submission Form. Failure to do so may result in their being deleted from our prospective BID MAIL-OUT LIST EVALUATION OF BIDS It is not the policy of Aldine Independent School District to purchase on the basis of low prices alone. In evaluating submissions, the following considerations will be taken into account to determine the best value for Aldine Independent School District. Education Code The purchase price; 2. The reputation of the vendor and of the vendor s goods or services; 3. The quality of the vendor s goods or services; 4. The extent to which the goods or services meet the district s needs; 5. The vendor s past relationship with the district; 6. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses (HUB). 7. The total long-term cost to the district to acquire the vendor s goods or services; and 8. Other relevant factors as included in the Scope of Services and the Special Terms and Conditions) DISCLOSURES: BY SIGNING THIS BID, a bidder affirms that he/she has not given, offered to give, not intends to give at any time hereafter any economic opportunity, future employment, gift loan, gratuity, special discount, favor or service to a public servant in connection with the bid submitted. Bidder shall disclose whether any of the school district s board members or administrative executives has any business or familiar relationships with bidder or bidder s principal offices or employees 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 anyway limit competition or give them an unfair advantage over other bidders in the award of this bid. Page 12 of 41

13 FUNDING OUT CLAUSE Any/all contracts exceeding one (1) year will require a standard funding out clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the district s current revenue only, provided the contract contains either of both of the following provisions: ALL CONTRACTS AND AGREEMENTS between merchants and Aldine Independent School District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1995 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, Fourteenth Edition, 1995 Official Text CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) upon authorized request and approval Any additional agreements/contracts to be signed by AISD 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: AISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property ASSIGNMENTS AND SUBCONTRACTING: Bidder understands that the contract may not be assigned, encumbered, pledged, mortgaged, or transferred either in whole or in part without written consent from the customer 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) thirty days following written notification of intent CONFIDENTIAL INFORMATION OR TRADE SECRETS (Government Code, Article ). 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. Page 13 of 41

14 VENDOR NON-PERFORMANCE: If at any time the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, AISD reserves the right to: 1) Purchase on the open market and charge the vendor the difference between contract price and actual purchase price, or 2) Deduct such charges from existing invoice totals currently due, or 3) Cancel within thirty (30) days written notification of intent and remove the vendor from the active bid file for a period of time not less than one (1) year. 4) Re-bid the service/product 5) Award to next lower responsible bidder, if accepted by same 6) Aldine Independent School District reserves the right to reject any or all responses, to waive all technicalities, and to accept the responses determined to be the most favorable to the district. 7) Aldine ISD retains the right to utilize cooperative purchasing contracts that may offer a better value to the district Any problems or discrepancies that are not covered by the above preventing or hindering performance should be addressed with Aldine ISD SIMILAR CONTRACTS This bid will not supersede any other contracts AISD either currently is using or may bid in the future for specific and like kind items FREIGHT, DELIVERY AND PACKAGING: the entire contract shall be interpreted as F.O.B. destination with freight charges included in the purchase price (reference 1.7.0). Items shall be identified by school campuses if applicable. Aldine Independent School District s purchase orders must appear on all bill of ladings, packing slips and on the outside of the box/packaging. All orders shall be shipped within fifteen (15) days after receipt of order. Notify AISD Purchasing Department Buyer if the product cannot be shipped within this period, allowing the opportunity to secure the merchandise elsewhere. You may locate the Buyer s phone number and initials on the top of the purchase order under the delivery date. If you are unable to reach the appropriate buyer at the number listed, call (281) for assistance GUARANTEES: Guarantees, warranty, and replacement information must be submitted with your bid. Bidders shall include a copy of the manufacturer s standard warranty with the submitted bid PRODUCT SUBSTITUTIONS: Any catalog, brand name, or manufacturer s reference used in your bid must be descriptive not restrictive. It is intended to indicate the type and quality desired. Bids on brands of like nature and quality will be considered. Aldine ISD reserves the right to decide which alternate bids are equal. Bids may be submitted on any or all items, unless stated otherwise. The owner reserves the right to reject any and/or all bids and to accept any bid deemed most advantageous to the Aldine Independent School District and to waive any informalities in bidding. Page 14 of 41

15 DEVIATIONS: If you are bidding other than the AISD referenced brand, you must write the alternate brand name in the AISD deviations section of the bid indicating the manufacturer, brand, model, etc. of article offered. If no other information is given, we assume you are bidding as specified. However, Aldine Independent School District reserves the right to accept or reject all or any part of any bid, waive minor technicalities, and approve the bid that best serves the District PRICING CHANGES: All prices and discount percentages in Vendor s proposal shall be firm for the Term of this Contract. Pricing may be negotiated during the Contract renewal period. Vendor agrees to promptly lower the proportionate price of any product purchased through this Contract following a reduction in the price the Vendor is paying suppliers. All price changes shall be presented to Aldine ISD for acceptance or rejection by Aldine ISD, in its sole discretion, using the same format as was accepted in Vendor s original proposal; all price changes for products and/or services provided under this Contract must be approved, in writing, by Aldine ISD prior to taking effect. The following documentation shall be provided to support a request for a price change: justification for change/increase terms and conditions market conditions manufacturers /distributors impact, if any All price decreases shall be allowed for all products and/or services INVOICES: Pricing: Aldine Independent School District s Purchase Order(s) number must appear on all invoices Invoice Discrepancies: Discrepancies between the invoice and the district purchase orders will be corrected upon request VENDOR REQUIREMENTS: Vendor must provide an address, and accept orders from authorized buyer having an official AISD purchase order number. Orders are ed daily TAX EXEMPTION AISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property VENUE This contract shall be enforceable in Harris County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Harris County, Texas INDEMNIFICATION - To the fullest extent permitted by applicable law, the Proposer and its agents, partners, employees, and consultants (collectively Indemnitors ) shall and do agree to indemnify, protect, defend with counsel approved by the District, and Page 15 of 41

16 hold harmless the District, and their respective officers, directors, members of the board, partners, employees and agents (Collectively Indemnitees ) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (Collectively Liabilities ) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Proposer or, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any Indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee. In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitee. The provision of this article shall not be construed to eliminate or reduce any other indemnification or right which the District or any of the Indemnitees has by law. Proposer shall protect and indemnify the District from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Proposer or by the District at the direction of Proposer of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the District shall promptly notify Proposer and Proposer shall be given full opportunity to negotiate a settlement. Proposer does not warrant against infringement by reason of the District s design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, the District agrees to cooperate reasonably with Proposer and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense. The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever Insurance Contractor shall not commence work until all required bonds and insurance coverages have been obtained and such insurance has been reviewed and approved by the District. Certificates of Insurance on the current ACORD form shall be issued to the District showing all required insurance coverages. Page 16 of 41

17 INSURANCE & BOND REQUIREMENTS Contractor shall not commence work until all required bonds and insurance coverages have been obtained and such insurance has been reviewed and approved by the District. Certificates of Insurance on the current ACORD form shall be issued to the District showing all required insurance coverages. Bonds Required Construction, installation and service contracts (including repair and alteration) exceeding $25,000 require that 100% Performance and Payment Bonds be furnished by the successful bidder (contractor). All such bids must include a 5% Bid Bond. Non Construction and non-installation or service contracts exceeding $25,000 require that a 100% Supply Bond be furnished by the successful bidder (contractor). Bonds shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VIII and included on the U.S. Department of the Treasury Listing of Approved Sureties (Dept. Circular 570). The contractor shall absorb any and all costs of such Bonds. Insurance Required Limit Required Automobile Liability insurance covering Any Auto Comprehensive (Commercial) General Liability insurance including Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Pollution and Blanket Contractual Liability coverages. XCU exclusions to be removed when underground work is performed. Professional Errors & Omissions Liability insurance may be required from all contractors, licensed or certified as professionals; e.g., engineers, architects, insurance agents, physicians, attorneys, etc. Workers Compensation insurance with limits to comply with the requirements of the Texas Workers' Compensation Act Employers Liability insurance Umbrella or Excess Liability insurance covering in excess of Automobile Liability, General Liability and Worker s Compensation. $1,000,000 Combined Single Limit $1,000,000 Aggregate, Occurrence and Personal Injury $ 500,000 Fire Damage $ 5,000 Medical Payments Per Project Aggregate $1,000,000 Occurrence & Aggregate Retroactive Date preceding date of contract must be shown Extended Reporting Period two years past completion of contract Statutory Limits $1,000,000. One times contract amount for all contracts exceeding $100,000, up to $25,000,000 total limit; $1,000,000 minimum. Page 17 of 41

18 Insurance Conditions All insurance overages shall be issued on an Occurrence basis (except Professional Liability) by companies acceptable to District and licensed to do business in the State of Texas by the Texas Department of Insurance. Such companies shall have a Best's Key rating of at least "A- X". The District shall be shown as "Additional Insured" on the General Liability, Automobile Liability and Umbrella (Excess) Liability policies. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers Compensation, General Liability and Umbrella insurance policies. Evidence must be included in Certificates of Insurance General Liability and Umbrella (Excess) Insurance must be maintained for two years following date of final payment to contractor. A two year extended reporting period is required for Professional Errors and Omissions Liability. Certificates of Insurance must be provided annually. In addition to certificates of insurance, copies of policy endorsements must be provided a) listing Aldine ISD as Additional Insured and b) noting Waivers of Subrogation. All insurance certificates shall obligate the insurance company to notify the District of any nonrenewal, cancellation or material change to any of the policies at least 30 days prior to the effective date of the non-renewal, cancellation or change. If a policy has aggregate limits, a statement of claims against the aggregate limits is required. Contractor shall be responsible for all deductibles; the District shall approve the deductibles selected. The District reserves the right to review the insurance requirements during the effective period of any contract to make reasonable adjustments to insurance coverages and limits when deemed reasonably prudent by District based upon changes in statutory law, court decisions or potential increase in exposure to loss. The following insurance documents must be provided to Aldine ISD prior to the commencement of work: 1. Certificates of Insurance 2. Copies of policy endorsements a) listing Aldine ISD as Additional Insured b) providing Waivers of Subrogation in favor of Aldine ISD 3. Deductible amounts listed by policy type 4. A statement of claims against aggregate limits Certificate Holder: Aldine Independent School District c/o Robin DeRouen Aldine Westfield Road Houston, TX rmderouen@aldineisd.org Page 18 of 41

19 SPECIFICATION: 87 Octane Gasoline Property Inspection Minimum Acceptable Limits Gravity: API Min Sulphur: 0% approx Existent Gum: MG./100 ml (Max.) 2.00 Oxidation Stability: Min Octane No. Motor Method Research Method (Ron + Mon)/ Benzene: 0% by Volume approx Vapor Pressure: Lb. Winter Summer Distillation Over Point: F approx..95 End Point: F approx % at: F approx approx approx Page 19 of 41

20 Vendor Name: Proposal Form Fuel RFP# TRN Proposal for 87 Octane Gasoline Price per Gallon Proposers must provide Aldine Transportation with this conversion table/spreadsheet with their final price per gallon. Proposer s final price per gallon must include any additional fees. Examples of fees may include: split delivery, cost of skid tanks, skid tank monitor, skid tank delivery, skid tank setup and pump usage, etc. All fees must be included in your final price per gallon. At no time will the proposer alter this conversion table/spreadsheet. Vendor Bid Fixed OPIS OPIS average index August 6-13 Cost for 8,500 Gallon Load of Gas Final price per gallon must include all fees $ Proposer must provide a detailed list of all fees included in the final price per gallon. Please add any additional fees that may not be included in the list below. Fees Split Delivery Fee $ 6,000 gal skid tank $ 1-10,000 gal skid tank $ Tank Monitor $ Tank Pump $ Tank Delivery $ Amount Signature: Page 20 of 41

21 SPECIFICATIONS: Ultra Low Sulfur Diesel ASTM Test Test Results Product Property Method Minimum Maximum Gravity AP1 D Flash Point, F Pensky-Martin D Distillation, F D 86 10% % End Point Viscosity, 100 F (38 C) D Pour Point, F D 97 0 Cloud Point, F D Corrosion, F (50 C) D Total Sulphur, wt. 0% D 129 or D Cetane Number D or Cetane Index D Ash, wt. % D Carbon Residue: Ramsbottom on 10% Bottom D BS & W, Vol. % D 1796 less than 0.05 Thermal Stability, 90 Minutes 300 F Pad Rating, DuPont scale 4.0 or Oxidation Stability, mg/100 ml D Haze 70 F CPC Scale 2.0 Page 21 of 41

22 Vendor Name: Proposal Form Fuel RFP# TRN Proposal for Ultra Low Sulfur Diesel Price per Gallon Proposers must provide Aldine Transportation with this conversion table/spreadsheet with their final price per gallon. Proposer s final price per gallon must include any additional fees. Examples of fees may include: split delivery, cost of skid tanks, skid tank monitor, skid tank delivery, skid tank setup and pump usage, etc. All fees must be included in your final price per gallon. At no time will the proposer alter this conversion table/spreadsheet. Vendor Bid Fixed OPIS OPIS average index August 6-13 Cost for 7,500 Gallon Load of Diesel Final price per gallon must include all fees $ Proposer must provide a detailed list of all fees included in the final price per gallon. Please add any additional fees that may not be included in the list below. Fees Split Delivery Fee $ 6,000 gal skid tank $ 1-10,000 gal skid tank $ Tank Monitor $ Tank Pump $ Tank Delivery $ Amount Signature: Page 22 of 41

23 Vendor Name: EVALUATION CRITERIA Fuel RFP# TRN NOTE: The following information must be provided and returned for consideration in the awarding of this proposal. 1. How many years has your company been in business? 2. Provide a list of your company s five (5) most recent contracts for this type of service with contact name and numbers. 1.Organization/Vendor Name: Contact person: Phone number w/area code: Address 2.Organization/Vendor Name: Contact person: Phone number w/area code: Address 3.Organization/Vendor Name: Contact person: Phone number w/area code: Address 4.Organization/Vendor Name: Contact person: Phone number w/area code: Address 5.Organization/Vendor Name: Contact person: Phone number w/area code: Address Page 23 of 41

24 Vendor Name: EVALUATION CRITERIA Fuel RFP# TRN Do you provide service to any other school districts? Please provide districts names and contact numbers. 1.School District: Contact person: Phone number w/area code: Address 2.School District: Contact person: Phone number w/area code: Address 3.School District: Contact person: Phone number w/area code: Address 4. Will your company be able to respond to any of our Aldine Transportation locations upon request? Monday through Friday 8:00 AM 4:00 PM Yes No? Explanation: 5. What is your guaranteed response time for delivery of fuel? 6. What is your company s safety record over the past 12 months? Page 24 of 41

25 Vendor Name: EVALUATION CRITERIA Fuel RFP# TRN What is your reputation in your own business community? 8. What is your maximum delivery turnaround time after order placement? 9. Daily Order Cut-Off Time? 10. Dispatch Service Hours? 11. Order Method? 12. Point of Distribution? 13. Have you included Insurance Accords? If awarded, the contract, please name the individual who will be responsible for providing OPIS REPORTS with invoicing on a weekly basis. NAME PHONE FAX Page 25 of 41

26 Vendor Name DEVIATIONS FORM Fuel RFP# TRN In the event that the undersigned proposer intends to deviate from the specifications, all deviations must be listed. In the absence of any deviation, the proposer assures Aldine ISD of their full compliance with the specifications. Aldine ISD reserves the right to accept or deny any deviation. Page 26 of 41

27 ALDINE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT Aldine Westfield Rd. Houston, Texas NO SUBMISSION FORM Fuel RFP# TRN Aldine ISD would like know why you are not submitting a bid/proposal. We will analyze your response and attempt to determine if future changes are necessary. Indicate reason(s) for no submission: 1. We do not supply the requested product(s)/service 2. Quantities offered or scope of job is too small to be supplied by my company. 3. Quantities offered or scope of job is too large to be supplied by my company. 4. Specifications are too tight or appear to be written around a proprietary product. (Please explain) 5. Cannot propose against manufacturer on this item. 6. Cannot propose against jobber on this item. 7. Time frame for submitting a proposal was too short. 8. Other: IF YOU DO NOT SUBMIT A PROPOSAL and wish to remain on the Aldine Independent School District proposal list for this item, please indicate: I wish to remain on the proposal list I do not wish to remain on the proposal list Printed Name Title Vendor Signature Date Company Name Address City, State, Zip Telephone Fax Address Page 27 of 41

28 Vendor Name REFERENCES Fuel RFP# TRN The following information must be provided and returned for consideration in the awarding of this proposal. Please list three references with whom you have contracted previously for the same type of services products asked for in this proposal: 1.Organization/Vendor Name: Contact person: Phone number w/area code: Address 2. Organization/Vendor Name: Contact person: Phone number w/area code: Address 3. Organization/VendorName: Contact person: Phone number w/area code: Address Page 28 of 41

29 ALDINE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT SUPPLIER CODE OF ETHICS Purchasing activities within Aldine I.S.D. support the district s vision to produce the nation s best! Procurement activities may be conducted by Aldine s purchasing department and by some of its auxiliary departments. Aldine s purchasing activities support student achievement and district operations while striving to provide timely products and services in a competitive and efficient manner. Preference may sometimes be given to purchasing cooperatives, state contracts, or inter-local agreements where products and services can be purchased via pre-established competitive contracts or via competitive quotes received from various co-operative entities. Through its purchasing department, Aldine I.S.D. is committed to a procurement process that fosters fair and open competition, conducts business under the highest ethical standards and enjoys the confidence of the public. Purchasing professionals, as well as supplier stakeholders, must have a highly developed sense of professional ethics to protect their own and their organization s business activities and reputation. In order to strengthen ethical awareness and provide guidelines to its suppliers, Aldine s purchasing department promotes the following supplier code of ethics: Competitive Nature Quotations, bids, or proposals provided will be competitive, consistent and appropriate to the specifications or user requests. Suppliers will not discuss, consult, collude with, or disclose its terms with other suppliers intending to compete on the same contracts or similar Aldine I.S.D. contracts for the purpose of limiting competition. A supplier will not make any attempt to induce any individual or entity to submit or not to submit a competitive quote, bid, or proposal. A supplier will completely perform any contract at the contract quoted price according to the terms set forth in the quotation or contract. Page 29 of 41

30 Supplier Performance Aldine suppliers are expected to provide the highest level of ethics and service in all business facets which include categories such as products and services, delivery, administration, and customer service. Suppliers are subject to performance evaluations. Supplier records must properly, accurately and fairly record all financial transactions with Aldine I.S.D. in the supplier s finance system or the supplier s appropriate ledgers. A supplier will submit timely, accurate and appropriate invoices for goods and/or services performed under the contract. A supplier shall not engage in unscrupulous practices and misrepresentations; recognizing that mutually profitable business relations are based upon honesty and fair dealings. Supplier and representatives shall be courteous, considerate, prompt, and businesslike with those whom they deal including employers, employees, suppliers, and the general public. A supplier shall make every reasonable effort to negotiate an equitable and mutually agreeable settlement of any problems with Aldine I.S.D. Gifts to Public Servants School district officials and employees cannot accept anything of value from a vendor, such as personal gifts or gratuities, which may be construed to have been given to influence the purchasing process or purchase decisions. Acceptance of gratuities may be construed as a criminal offense. Texas law makes a gift (an item valued at $50 or more, cash of any amount, or a negotiable instrument of any value) to a public employee a Class A misdemeanor if the employee is someone who exercises some influence in the purchasing process of the governmental body. (Texas Penal Code, 36.09[d] and [h]). Therefore, suppliers are strongly urged to exercise great caution before offering any gift to Aldine employees regardless of the gift s monetary value, particularly when a decision or act which may affect that supplier stakeholder has been made or will be made in close proximity to the time of the gift. DEBARMENT and SUSPENSION The District will not subcontract with or award subgrants to any person or company who is debarred or suspended from receiving federal funds. 2 CFR Part 180 and 2 CFR Part Page 30 of 41

31 STATEMENT OF NONDISCRIMINATION It is the policy of Aldine ISD not to discriminate or engage in harassment on the basis of race, color, national origin, sex, religion, age, disability, genetic information, or any other legally protected status in its educational and vocational programs, services or activities or matters related to employment as required by Title VI and Title VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; Age Discrimination in Employment Act; Americans with Disabilities Act, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended. This policy also prohibits retaliation against an individual who has made a good faith report of unlawful, discriminatory practices, opposed any unlawful, discriminatory practices or participated in an investigation of any complained related to an unlawful, discriminatory practice. Inquiries regarding the Aldine ISD nondiscrimination policy in the following areas should be directed to: Title IX & Title VI: Dr. Archie Blanson, Deputy Superintendent, Aldine Westfield Rd., Houston, TX (281) EEO & ADA (Employees and Public): Dr. Archie Blanson, Deputy Superintendent, Aldine Westfield Rd., Houston, TX (281) Section 504 & ADA (Students): Dr. Charlotte Davis, Director of Guidance and Counseling, Aldine Westfield Rd., Houston, TX (281) PREVAILING WAGE RATES No employee used in this construction may be paid less than the minimum wage rate provided in Article 5159d, Vernon s Civil Statutes, Annotated, Revised 1995 and The Texas Minimum Wage Act of Refer to Document , Wage Scale. Page 31 of 41

32 REPRESENTATIONS AND CERTIFICATIONS 1.0 TYPE OF BUSINESS (a) The offeror represents as part of its offer that it operates as (Mark with an X ): An individual A partnership A sole proprietorship A corporation Another entity. (b) If incorporated, under the laws of the State of:. 2.0 CONTINGENT FEE (a) Except for full-time bona fide employees working solely for the offeror, the offeror represents as part of its offer that it (Mark one with an X ): Has Has not employed or retained any company or persons to solicit or obtain the contract, and (Mark on with an X) Has Has not paid or agreed to pay any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (b) The offeror agrees to provide information relating to (a) above, as requested by the Assistant Superintendent of Finance and, when any item in subparagraph (a) is answered affirmatively, to promptly submit to the Assistant Superintendent of Finance a completed Statement of Contingent or Other Fees. Page 32 of 41

33 3.0 Felony Conviction Notice Form Felony Conviction Notification (Section , Subsection (a), of the Texas Education Code, the undersigned offeror certifies that the person or owner or operator, including employees or agents of the business entity named in this proposal or contract, have not been convicted of a felony, unless a completed Felony Conviction Notice Form is attached as an Exhibit to the Offer. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. The offeror agrees to comply with all applicable state laws and Board policies regarding criminal background checks. Before entering into a contract with the District, Proposer must give notice if the Proposer or any personnel has been convicted of a felony, as defined by Texas law, from District property where students are regularly present. Employee or agent includes as example, but not by way of limitation, persons providing services on the project ( subcontractor in Texas Labor Code ) including all persons or entities performing all or part of the services the Proposer has undertaken to perform on the project regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, owner-operators, employees of any such entity that furnishes persons to provide services on the project. Services include, without limitation, providing the hauling, or delivering of equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The District shall have the sole discretion to determine what constitutes a location where students are regularly present. Proposer s violation of this section shall constitute a default under the General Terms and Conditions of the contract. This Notice is not required of a Publicly-Held Corporation. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor s Name: Authorized Company Official s Name (Printed): A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned or operated by anyone who has been convicted a felony. Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.(attach additional sheet if necessary) Name of Felon(s): Details of Conviction(s): Signature of Company Official: Page 33 of 41

34 4.0 COVENANTS AGAINST GRATUITIES The offeror represents and certifies as part of its offer that neither it nor any of its employees, representatives or agents have offered or given gratuities valued at $25.00 or more (in the form of entertainment gifts or otherwise) directly or indirectly to any director, officer, employee, or agent/consultant of the District with a view toward securing favorable treatment in the awarding, amending, or the making of any determination with respect to the performing of the contract. 5.0 PARENT COMPANY INFORMATION (a) The offeror represents as part of its offer that is (Mark one with an X ): Is Is not Owned or controlled by a parent company. A parent company, for the purpose of this provision, is one that owns or controls the activities and basic business policies of the offeror. To own the offering company means a parent company must own more that 50 percent of the voting rights in that company. (b) If the offeror is not owned or controlled by a parent company, it shall insert its own Employer s identification Number here: (c) (d) If the offeror is owned or controlled by a parent company, it shall enter in the space below the name and main office address of the parent company and the parent company s Employer Identification Number. Name of Parent Company: Main Office Address: Telephone Number: Address: Parent Company s Employer s Number: Name of Offering Company: Page 34 of 41

35 (e) List other company names/ DBA s that are owned, operated and invoiced by your organization. Name Address Phone Number 6.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (a) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement: (b) Each person signing this offer certifies that: (1) He is the person in the offeror s organization responsible within that organization for the decision as to prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) above. (2) He (i) is not the person in the offeror s organization responsible for the decision as to the prices being offered herein but that he has been authorized in writing to act as an agent for the persons responsible for such decision in certifying that such persons have not participated, not attempt has been made to induce any other person or firm to submit or not to submit an offer for the purpose of restricting competition and will not participate, in any action contrary to (a) above, and as their agent does hereby so certify; and (ii) has not participated, and will not participate, in any action contrary to (a) above. 7.0 CERTIFICATION OF NON-COLLUSION The undersigned certifies that he or she is duly authorized to execute this contract on behalf of offeror and that the undersigned and the company, corporation, firm, partnership, individual, or other entity for whom the undersigned provides this certification has not prepared its proposal, offer, or proposal in collusion with any other proposer, offeror, competitor, any other entity engaged in the business being transacted, or any District employee or representative. The offeror certifies that the contents of the offer or proposal submitted as to prices, terms or conditions of said proposal have not been communicated by the offeror, its employee, or agent to any other person engaged in the type of business being transacted prior to the official opening of this proposal. Page 35 of 41

36 8.0 COMMUNICATIONS CERTIFICATION (a) All oral and written communications with the District regarding this solicitation shall be exclusively with, or on subjects and with persons approved by, the person identified by Aldine ISD. Discussions or communications with any other person could result in disclosure of proprietary or other competitive sensitive information, or otherwise create the appearance of impropriety or unfair competition, and thereby compromise the integrity of the District s procurement system. (b) By submission of this offer, the offeror certifies that it has not, and will not, prior to contract award, communicate orally or in writing with any District employee or other representative (Including Board of Education members, District contractors or District consultants) other than the individual or person(s) and subjects approved by the individual, named by Aldine ISD, except as described below: (CHECK NONE IF OFFEROR HAS NOT HAD ANY PROHIBITED COMMUNICATIONS. Describe communications in the table below if offeror has had any communications with the persons described above) None Name of Representative Date and Subject (c) These Representations and Certifications are material representations of fact upon which reliance will be placed at the time of the awarding of a contract. If it is later determined that the offeror knowingly rendered an erroneous Representation or Certification, in addition to any other remedies the District may have, the District may terminate the contract resulting from this solicitation for default and/or recommend that the offeror be debarred or suspended from doing business with the District in the future. In addition, a false entry could be a violation of the Texas Penal Code, Paragraph Offeror signs under the pains and penalties of perjury. Page 36 of 41

37 (d) 9.0 SIGNATURE BLOCK FOR ALL REPRESENTATIONS AND CERTIFICATIONS Name of Offering Company: Name of Offerer: Main Office Address: Telephone Number: Fax Number: Address: Sales Representative Assigned to AISD: Position with company: Web Address: Signature: OFFERORS MUST SET FORTH FULL, ACCURATE AND COMPLETE INFORMATION REQUIRED BY THE SOLICITATION (INCLUDING THIS ATTACHEMENT). FAILURE TO DO SO MAY RENDER THE OFFER NONRESPONSIVE OR UNACCEPTABLE. A FALSE STATEMENT IN ANY OFFER SUBMITTED TO THE DISTRICT MAY BE A CRIMINAL OFFENSE IN VIOLATION OF SECTION OF THE TEXAS PENAL CODE Page 37 of 41

38 Conflict of Interest Questionnaire Requirement The Conflict of Interest Questionnaire is to be filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. The conflict of interest questionnaire can be found on Aldine ISD s website under Community, Vendors then CIQ Form for Vendors or by using the following link: Page 38 of 41

39 Criminal Background Fingerprint Requirement Senate Bill 9 enacted by Texas State Legislature in 2007 contains numerous new security requirements that school districts and those who do business with the school district must follow. Section of Texas Education Code requires the following: any person who does not hold a Chapter 21 TEA certification that is offered employment after January 1, 2008, by an entity contracting with a school district, and who will (1) perform continuing duties related to the contract, and (2) has or will have direct contact with students, must submit to a national criminal history record review, Including fingerprinting, prior to starting work. This means that any Independent contractor hired after January 1, 2008, providing continuing services to the District and who may be performing such work at a campus or other Aldine Independent School District facility where students are present as part of a normal school day, will be subject to a fingerprint check prior to the start of work. For companies, this means that any new employee hired after January 1, 2008, to perform work for the District under the above referenced criteria, is subject to this law. The law further provides that vendors are responsible for obtaining the fingerprinting as well as the cost associated with the process. An overview of the Aldine ISD process is outlined below: 1. Vendors must first have secured an approved contract with an Aldine ISD school or department; (Note: DPS fingerprinting may not be obtained in advance of an Aldine ISD contract.) 2. An approved Aldine ISD contract must be presented to a local L-1 DPS/FBI agency in order to begin the fingerprint process, (512) ; and to obtain the required completion receipt. a. If the company consists of 1 or 2 individuals, the Aldine ISD Human Resources Department (Iris Toro, or Norma Cisneros, ) will provide the persons(s) with a LEE Pass in order to schedule a fingerprinting appointment. b. If the company consists of more than 2 individuals requiring criminal history review, an approved Aldine ISD contract must be presented directly to a local L-1 DPS/FBI agency. 3. Upon FBI/DPS clearance/passing, the cleared individual s name and information must then be submitted to Aldine ISD using the online form on the district s website, See Vendors or 4. Questions regarding this process must be directed to Aldine ISD, Human Resources Note: Before services are performed in direct contact with Aldine students by my subcontractors, employees, or myself, I will ensure the DPS/FBI Fingerprint process by a local L-1 agency, is complete. The names for those contracted individuals will be submitted via the district s website, using the Vendor link. I, the undersigned agent for the firm named below, certify that the information concerning the vendor/ contractor fingerprint requirements has been reviewed and understood. Vendor s Name: Authorized Company Official s Name (Printed): Signature of Company Official: Page 39 of 41

40 HUB Certification Company Name Texas certified HUB Yes (Attach copy of HUB certificate if applicable) No VID Number (required if Texas HUB) Page 40 of 41

41 Agreement Terms Fuel RFP# TRN I agree to the terms and conditions written within this proposal. I also agree that any deviation from the guidelines, requirements and specifications, were submitted on the Deviations Form. Once the contract has been signed by both parties no deviation will be considered without approval. Aldine reserves the right to accept or deny any deviation. Company Name Representative Name, Title (Printed) Date Phone Representative Signature Address Page 41 of 41

42

43

44

45