RFP Title: HVAC Maintenance & Repair RFP Opening Time and Date: ___________________________ This RFP has the following sections: Part One General Terms, Conditions & Requirements Part Two Submittal Information Part Three Specifications Part Four Required Forms Part Five Insurance and Bonding Information Part Six Buffalo ISD General Terms & Conditions Part Seven CTPA Acknowledgement Form Part One General Terms, Conditions & Requirements: Sealed proposals (herein referred to as “RFP” or “proposal”) will be received by Buffalo ISD at 708 Cedar Creek RD, Buffalo, TX 75831 on July 10, 2015 for: HVAC Maintenance & Repair The Buffalo Independent School District has submitted this request for proposal (Proposal) for HVAC Maintenance and Repairs. Your proposal should be based upon this Request for Proposal. Proposals will be received by the Board of Trustees of the Buffalo Independent School District at the BISD Administration Office located at 708 Cedar Creek RD, Buffalo, TX 75831. Proposals must be received prior to the Proposal opening time and date listed above. Proposal specifications will be available at the Buffalo ISD Administration Office and on The Buffalo ISD website at www.buffaloisd.net . This contract shall be valid for one (1) year from the date of award.The District reserves the right to rebid or to unilaterally extend the award for the optional years with no written notice unless contacted in advance of the renewal period by the vendor. Changes, omissions to the RFP may be submitted at the time of renewal each year, until the conclusion of the bid term and mutually
agreed upon by both parties; otherwise items are subject to rebid. The District reserves the right to award the resulting contract/s to multiple firms or one firm as necessary in the best interest of the District. The attached “PROPOSAL SPECIFICATIONS” and “GENERAL CONDITIONS" are an integral part of this bid. Any questions on this request for proposal must be submitted in writing and emailed to
[email protected]. All questions or requests for clarification must be received no later than June 25, 2015, at noon to ensure that there is adequate time for the District to respond and take appropriate action (if needed) prior to the request for proposal deadline. Vendors finding errors, omissions, or corrections that need to be made to the specifications shall contact Courtney Rodell as soon as possible,before the bid is due. Any answers or clarifications will be made available to all bidders on the Buffalo ISD website at www.buffaloisd.net . BUFFALO ISD MAINTAINS THE RIGHT TO REJECT ANY AND ALL BIDS SUBMITTED OR TO REQUEST ADDITIONAL INFORMATION FROM ONE OR ALL VENDORS. THIS DISTRICT HAS IMPLEMENTED A “NO CONTACT” POLICY DURING THE BIDDING PROCESS. THIS MEANS THAT FROM THE DATE THE PROPOSAL IS ISSUED UNTIL THE DATE THE PROPOSAL IS AWARDED, THERE SHALL BE NO CONTACT BY ANY VENDOR TO ANY DISTRICT EMPLOYEE (EXCLUDING PURCHASING DIRECTOR) IN RELATION TO THIS PROPOSAL, UNLESS AUTHORIZED BY THE PURCHASING DIRECTOR. Current enrollment projections for the 2015/2016 school year are at 970 students (PreK through 12). Buffalo ISD has one high school, one junior high, and one elementary campus. There are no other specifications other than what is included in this RFP package. Any questions on this RFP must be submitted in writing and emailed to
[email protected]. All questions or requests for clarification must be received no later than June 25, 2015, at noon to ensure that there is adequate time to respond and take appropriate action (if needed) prior to the request for bid deadline. Any proposals received after this date shall be returned to the proposer unopened. Buffalo ISD will not be liable for any cost incurred in the preparation of any response.
Part Two Submittal Information: All responses to this solicitation must meet the following conditions to be considered: • Proposal must include a cover letter clearly stating the name of the firm and the name, address, and telephone number of the proposer’s representative; • The Buffalo ISD will not be liable for any cost incurred in the preparation of any proposal; • The Buffalo ISD may ask proposers to send a representative to one or more oral interviews at proposer’s expense; • One (1) original and two (2) copies of the bid must be received by July 10, 2015 at 2:00 pm CST at the Buffalo ISD Administration Office. PLEASE INDICATE THE RFP NUMBER ON THE OUTSIDE OF THE ENVELOPE AS FOLLOWS:
Please use the following format on the remittance envelope: Your firm name Your return address info Buffalo ISD Purchasing Department 708 Cedar Creek Rd Buffalo, TX 75831
Bid Submittal Form Name of Company: ________________________________________________ Street Address: ___________________________________________________ City, State & Zip: _________________________________________________ Telephone & Fax: ________________________________________________ The successful bidder shall include the following information with the respective proposal: a. Firm’s Years of experience: _______________ b. Total number of qualified TDLR Licensed HVAC technicians employed? _________ c. Name and Total number of years of experience of each technician that will be assigned to account. (a spreadsheet may be attached if necessary) (1). Name: ________________________________yrs.________________________ (2). Name:________________________________ yrs.________________________ (3). Name:________________________________ yrs.________________________ (4). Name:________________________________ yrs.________________________ (5) Name:________________________________ yrs.________________________ d. References (preferably local school districts) include contact and telephone number: 1. Reference:_______________________________________________________ Contact Person:_____________________________________________________ Telephone:_________________________________________________________ 2. Reference:_______________________________________________________ Contact Person:_____________________________________________________ Telephone:_________________________________________________________ 3. Reference:_______________________________________________________ Contact Person:_____________________________________________________ Telephone:_________________________________________________________
HVAC Repair Rates 1. Provide hourly labor rate to provide HVAC repair services for one qualified TDLR licensed technician and a helper (if Owner approved) including mileage and/or travel time in hourly rate. Regular time basis is defined as Monday through Friday, between 8:00 A.M. and 5:00 P.M. Regular Business Hours: (Monday – Friday 8:00am – 5:00pm) Base bid for one TDLR Licensed HVAC technician. $_____per hour Base bid for one helper if needed. $_____ per hour Weekends, Holidays, after regular business hours: Base bid for one TDLR Licensed HVAC technician. $____ per hour Base bid for one helper if needed. $_____ per hour Maximum Annual Escalation:_____ % *may not exceed San Antonio CPI 2. The successful bidder must be able to provide any part needed for repairs of HVACs specified. Material Markup/Discount from manufacturer's list: _____% * The District reserves the right to audit any materials invoiced Additional Value Add Services: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
Part Three: Proposal Specifications Respond within your Proposal whether you can agree to provide service within the scope of this Request for Proposal. If you will not be able to provide the requested item, explain exactly what you can/cannot provide. Preventative Maintenance Service Requirements The awarded firm/s will service the District’s HVAC units listed within this document to the standard set by: Standard 1802012 Standard Practice for Inspection and Maintenance of Commercial Building HVAC Systems (ANSI/ASHRAE/ACCA Approved) Service Reports Written reports shall be included with invoices for each HVAC serviced documenting tasks performed, results, and any recommendations consistent with industry best practices. Work Authorization No services or repairs shall be rendered without a District issued Purchase Order or written permission from the Director of Maintenance. Any work performed without a Purchase Order number or written permission from the Buffalo ISD Director of Maintenance shall be considered an unauthorized purchase for which the District will not be responsible. Background Checks Contractor certifies that it conducts criminal background checks on its personnel and subcontractors and that only upon satisfactory completion of the background checks are the personnel permitted to perform work on behalf of Contractor, including any work on BISD’s premises. Contractor shall provide documentation to the BISD to assure the BISD that the obligations of BISD under this section are met and that no personnel have an unsatisfactory criminal history. Additionally, on forms provided by the BISD, Contractor must certify that for each employee of the Contractor who (1) will have direct contact with students and/or (2) will work in a school campus building, the Contractor has obtained, as required by Applicable Law, national criminal history record information from a law enforcement or criminal justice agency for each employee of Contractor hired before January 1, 2008; and national criminal history record information from the Texas Department of public Safety for each employee of Contractor hired on or after January 2, 2008. All forms must be submitted prior to the commencement of Services by the Contractor and/or any subcontractor.
Part Four – Required Forms: By submitting this offer, the vendor certifies that he/she is a responsible authorized officer of the company and certifies the accuracy of the following statements: a. Represents that to the best of its knowledge it is not indebted to the Buffalo Independent School District. Indebtedness to the District may be basis for nonaward and/or cancellation of any award. b. Certifies that no suspension or debarment is in place, which would preclude receiving a federally funded contract. c. Section 44.034 Subsection (a) of the Texas Education Code requires a person or business entity that enters into a contract with a school district must give advance notice to the district if the person and/or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states "a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” Subsection (c) 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 (check only one item). 1. _____My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. 2._____ My firm is not owned nor operated by anyone who has been convicted of a felony. 3._____ 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): ___________________________________________________ d. "NonCollusion Statement": "The undersigned affirms that they are duly authorized to execute this service agreement, that this company, corporation, firm, partnership, etc., or individual has not prepared this bid in collusion ( An agreement between two or more persons to deceive the school district or defraud the school district of its rights.) with any other bidder, school board member, or school district employee, and that the contents of
this bid as to prices, quality of product, terms and/or conditions, etc., have not been communicated by the undersigned nor by any other employee, agent and/or representative of the company, corporation, firm, partnership, etc., or individual to any other person engaged in this type of business prior to the official opening of this bid for the intent or purpose of collusion.” e. The undersigned attests that they are a duly authorized employee by their company to bind said company to the prices offered and to the terms and conditions of this bid. f. No employee of the District shall have a direct financial interest in any contract with the district, nor shall any employee have a direct financial interest in the sale of any land, equipment, supplies, materials, or service. Any violation of this policy will render the contract null and void unless such contract is approved by the Buffalo ISD Board of Trustees after full disclosure. Therefore, vendor shall note any and all relationships that might be a conflict of interest and shall include such information with the bid/bid response. This district has implemented a “no contact” policy during the bidding process. This means that from the date the solicitation is issued until the date the bid is awarded by the board, there shall be no contact by any vendor to any district employee (excluding the Director of Purchasing) or board member in relation to this bid, unless authorized by the Director of Purchasing. The undersigned attests that no employee or representative of the company has violated Buffalo ISD’s “No Contact” policy. Printed Name: __________________________________________Date: _________________ Signature: __________________________________________
SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A102 Common Rule and OMB Circular A110) prohibits nonfederal entities from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods and services equal to or in excess of $100,000 and all nonprocurement transactions (e.g., sub awards to subrecipients). Firms receiving individual awards of $100,000 or more and all subrecipients must certify that their organization and its principals are not suspended or debarred by a federal agency. Before an award of $100,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. Name of Firm: __________________________________________________________ Signature of Authorized Official: ____________________________________________ Printed Name: __________________________________________________________ Date Signed: ___________________________________________________________
FELONY CONVICTION DISCLOSURE STATEMENT Section 44.034, Texas Education Code, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator has been convicted of a felony. A notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” This notice is not required of a publiclyheld corporation. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been reviewed by me and the following information furnished is true to the best of my knowledge. _______________________________________________________________ Vendor’s Name _______________________________________________________________ Signature of Authorized Company Official Authorized Company Official’s _______________________________________________________________ Name (Please print) ❏ My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. ❏ My firm is not owned or operated by anyone who has been convicted of a felony. ❏ 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):__________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
AFFIDAVIT OF NONCOLLUSION, NONCONFLICT OF INTEREST, ANTILOBBYING By submission of this response, the undersigned certifies that: 1. Neither the Respondent nor any of its officers, partner, owners, agents, representatives, employees, or parties in interest, has in any way colluded, conspired, or agreed, directly or indirectly with any person, firm, corporation or other Respondent or potential Respondent or given any money or other valuable consideration for assistance in procuring or attempting to procure a contract or fix the prices in the attached response or the response of any other Respondent, and further states that no such money or other reward will be hereinafter paid. 2. No attempt has been or will be made by this firm's officers, employees, or agents to lobby, directly or indirectly, the District's Board of Trustees between response submission date and award by the District's Board of Trustees. 3. No officer, or stockholder of Respondent is a member of the staff, or related to any employee of the Comal Independent School District except as noted below: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification, and that the penalties herein are applicable to the Respondent as well as to any person signing on Respondent's behalf. Signature of Authorized Official:_____________________________________________ Printed Name:____________________________________________________________ Title:___________________________________________________________________ Date:___________________________________________________________________
Part Five – Insurance and Bonding Requirements: Insurance and Bonding Requirements Contractors shall obtain & maintain insurance (with the exception of Workers Comp & Employers liability coverage) with the Buffalo ISD named as an additional insured. For Workers Comp & Employers Liability the contractor will provide and maintain this coverage & waive subrogation in favor of the Buffalo ISD. These documents must be presented within 10 calendar days after award notification. Amounts: A. Comprehensive Automobile Liability $500,000 Combined Single Limits or $250,000/$500,000 BI/$100,000 PD. Must include owned, hired, & nonowned automobiles. B. Comprehensive General Liability Each Occurrence $500,000 Combined Single Limits or $500,000 BI/$1,000,000 PD General Aggregate $1,000,000 C. Independent Contractor Coverage is the same as above if subcontractors are used. In addition to the comprehensive general liability requirements above, excess liability or umbrella policy in the amount of $1,000,000 is required for contracts of $25,000 or more, unless Comprehensive General Liability limits of $1,500,000 or more can be provided as a substitute for the Excess Liability requirement. Bond info: A bid bond is required to be submitted with the bid for all construction projects over $10,000. For projects over $25,000 a payment & performance bond will also be required after award of project. The payment and performance bond will only be required for any HVAC repair which is anticipated to exceed $25,000.
Part Six General Conditions: BISD GENERAL CONDITIONS 1. RETURN SIGNED ORIGINAL SEALED BID IN A SEALED ENVELOPE, PLAINLY MARKED WITH VENDOR'S NAME, BID NUMBER, OPENING DATE AND TIME. RETURN BIDS TO THE PURCHASING DEPARTMENT, 708 CEDAR CREEK RD, BUFFALO, TEXAS 75831. 2. The District reserves the right to waive minor informalities and irregularities and to accept or reject each item separately or as a whole. 3. Complete descriptive and illustrated literature covering the items you propose to furnish should accompany your bid. 4. Bids received after the time and date specified will not be considered. Bids received without proper signature are subject to disqualification and will not be accepted. Telegram, Facsimile (fax), or emailed bids will not be accepted. 5. Vendors are invited to be present at the opening of this solicitation on the date and hour specified. 6. Questions in regard to this solicitation must be submitted in writing to the Broker of Record for clarification. 7. During the performance of this contract, the vendor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, disability, political belief, or religion. Buffalo ISD does not discriminate on the basis of race, sex, age, religion, color, national origin, or disability in providing education services, activities, or programs. It is the intent and policy of this District to conduct its activities in compliance with all Federal and State laws prohibiting discrimination on the basis of race, sex, age, religion, color, national origin or disability. 8. Vendors who respond to this solicitation with either a formal bid or a notice of no bid will remain on our mailing list. Vendors making no response at all may be removed from our mailing list. 9. In awarding a contract, the District may consider: purchase price, the reputation of the vendor and of the vendor’s goods and services, the quality of the vendor’s goods or services, the extent
to which the goods or services meet the District’s needs, the vendor’s past relationship with the District, the impact on the ability of the District to comply with laws relating to historically underutilized businesses, the total longterm cost to the District to acquire the goods or services, and any other relevant factor that a private business entity would consider in selecting a vendor. In addition, quality and suitability of the product and not price alone shall be considered in the acceptance of bids. Consideration may also be given to the bidder’s references and record for responsibility, knowledge of the product, and service. 10. Vendors will confirm and/or change the address shown on this solicitation if it has been mailed. Vendors are responsible for notification of changes of address, telephone number, fax number, or email. The District is not responsible for failing to mail a vendor a solicitation or for undelivered or misdirected communications. 11. All prices and quotations must be typed or written in ink. Bids written in pencil will not be accepted. Mistakes may be crossed out, and corrections inserted and initialed by vendor. Unit prices should be extended. The unit price will prevail in resolution of mathematical errors in extension or totals. 12. In the event that a vendor is or subsequently becomes delinquent in the payment of his or its school ad valorem taxes, such fact shall constitute grounds for rejection of the bid, or if awarded the bid, for cancellation of the contract. However, the District reserves the right to deduct any amounts owed for delinquent taxes from payments that the District may owe to the delinquent vendor as a result of such contract. 13. "No assignment nor transfer of this bid, in whole or in part, to any other party will be allowed unless the vendor to whom this bid is awarded receives written approval from the Purchasing Director or his/her designee. Written approval must be requested and received prior to any assignment or transfer. In the event the vendor fails to comply with this provision, the school district may take actions to require compliance or take any other measures deemed appropriate." 14. The award or agreement resulting from this bid may be terminated or cancelled under the following circumstances. a. During the term of the agreement, District may terminate the agreement at the expiration of each District budget period if funds are not appropriated for payment under the agreement. b. Work under the agreement may be terminated in whole or in part by the District upon delivery to vendor of a notice of termination specifying the extent to which performance of work under the agreement is terminated and the date upon which
termination becomes effective. This right of termination is in addition to and not in lieu of District rights to cancel undelivered goods or services under the agreement. c. District may cancel all or any part of the undelivered goods or services of the agreement if vendor breaches any of the terms of the agreement, including, but not limited to, warranties of vendor, or if vendor becomes insolvent or begins bankruptcy or reorganization proceedings. District’s rights of termination or cancellation are in addition to other remedies District may have in law or equity. 15. Force Majeure The District shall not be liable for defaults or delays due to acts of God or the public enemy, acts or demands of any governmental agency, strikes, fires, floods, accidents, or other unforeseeable causes beyond its control and not due to its fault or negligence. 16. Vendor agrees to indemnify, defend, and hold District harmless from any patent, copyright, trademark, or trade secret infringement claim or cause of action, or any similar intellectual or proprietary rights infringement claim or cause of action, which are based on or related on goods or services sold or used by the vendor in connection with this agreement. Vendor shall defend any such claims or causes of action at its own expense, and the District shall have the right to have such litigation monitored by its own counsel at District expense. 17. Applicable law and venue This agreement shall be governed by the laws of the Great State of as applicable and as adopted and amended from time to time by the Texas legislature. Both parties agree that the venue for any litigation arising out of this contract shall lie in Buffalo, Leon County, Texas. 18. Out of State Vendors The “Reciprocity Rule” applies. Vendors whose principal place of business is located in a state which gives preference to residents are subject to the same restrictions when submitting an offer with an entity of the State of Texas. 19. Advertising – Vendor shall not advertise or publish, without the District’s prior consent, the fact that the District has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government. 20. The resulting award from this solicitation constitutes a contract between the BISD and the awarded vendor. The prevailing party in an action, in state or federal court, to enforce or interpret this contract is entitled to recover its reasonable attorneys' fees and court costs from the other party. Without waiving any rights available to the District for recovery, if the District is the
prevailing party, vendor hereby agrees and authorizes the District to deduct the reasonable attorneys' fees and court costs from amounts, if any, owed to vendor under the contract. 21. Right to Assurance – Whenever Buffalo ISD in good faith has reason to question the vendor’s intent to perform; the district may demand that the vendor give written assurance of their intent to perform. In the event that a demand is made and no assurance is given within five (5) calendar days, the district may treat this failure as anticipatory repudiation of the contract. 22. These general conditions govern the relationship between the District and vendor, and are hereby made part of the agreement between the District and vendor. Acknowledgment I have read and agree to the above conditions and specifications for Buffalo ISD. I affirm, to the best of my knowledge, this bid has been arrived at independently and is submitted without collusion with anyone to obtain information that would in any way limit competition in the award of this bid. I affirm, to the best of my knowledge, that the company I represent meets Equal Employment Opportunity Commission standards and Americans with Disabilities Act standards in employment practices. Signature: ___________________________________________ Date: ____________________ Printed Name: _____________________________________________ Name of Company: _________________________________________
Part Seven: CTPA Acknowledgement Form Central Texas Purchasing Alliance Adoption Clause Buffalo ISD RFP # 1512 HVAC Maintenance & Repair **This page is optional; it is not a bid requirement. The Central Texas Purchasing Alliance CTPA is made up exclusively of school district purchasing representatives, with a collective desire to share experiences, tools and knowledge. CTPA is an administrative agency created in accordance with Section 791.001 of the Texas Government Code. Where members find it beneficial, bids are shared or sometimes led by one member district, allowing others to save on resources while reaping the benefits of bettering pricing because of the joint participation. USE OF CONTRACT(S) BY MEMBERS COMPRISING THE CENTRAL TEXAS PURCHASING ALLIANCE (CTPA) A. If authorized by the Vendor(s), resultant contract(s) may be adopted by the member districts of the CTPA as indicated below. Authorized members may purchase goods and/or services in accordance with contract pricing and purchasing terms established by the Contract Lead District. B. A list of members that may utilize the Vendor’s contract is listed on the CTPA website http://www.txctpa.org/memberlist/ C. Any district member wishing to utilize such contract(s) will contact the Vendor to verify that the contract is available to them and will place its own order(s) directly with the successful Vendor. The Successful Vendor may contact the member districts to inform them about the contract award. There shall be no obligation on the part of any participating district to utilize the contract(s). D. A negative reply by the Vendor will not adversely affect consideration of the Vendor’s Solicitation response. E. Each participating district has the option of executing a separate contract with the successful Vendor, which may contain general terms and conditions unique to that contracting district. If when preparing such contract, the general terms and conditions of a district are unacceptable to the successful Vendor, the successful Vendor may withdraw its extension of their offer to that district.
F. The Contract Lead District shall not be held liable for any costs or damages incurred by another district as a result of any award extended to that district by the Successful Vendor. BY SIGNATURE BELOW THE VENDOR HEREBY AUTHORIZES THE MEMBER DISTRICTS AS INDICATED BELOW TO ADOPT ANY CONTRACT RESULTING FROM THE VENDOR’S RESPONSE TO THIS SOLICITATION: YES____________ NO ____________ YES, with the exception of the following districts: ______________________________ Vendor Name: _____________________________________________ Printed Name of bid submitter: ________________________________ Signature of bid submitter: ___________________________________ Date: ____________________________________________________