LCISD WAN RFP



LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

ROSENBERG, TX

Request for Proposal

RFP NUMBER:

RFP NAME:

RFP DEADLINE:

Purchasing Department

Attention: Audrey Fox

3911 Avenue I

Rosenberg, TX 77471

Telephone: 832-223-0165

Fax: 832-223-0167

(To be completed by bidders)

The undersigned agrees to hold all SIGNER’S NAME (PRINTED), TITLE

bid prices firm for acceptance, for AND ADDRESS:

calendar days after date of

opening.

PHONE #:

FAX #:

EMail:

LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

NOTICE OF “NO RESPONSE” FORM

RFP NUMBER:

RFP NAME:

LCISD is interested in receiving competitive pricing on all items it bids. We place significant value on quality vendors and we also desire to keep your firm as a bidder and a supplier of materials, equipment and/or services. Therefore, it is important for us to determine why you are not bidding on this contract item. We will analyze your response and attempt to determine if future changes are necessary in our specification development and procedures.

I/WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS:

(Please place an X by one or more of the reasons listed below.)

1. Do not supply the requested product/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 elaborate on this item.)

5. Cannot bid against MANUFACTURER on this item.

6. Cannot bid against JOBBER on this item.

7. Time frame for bidding was too short. (Please elaborate on your primary reason for this judgment.)

8. Other . . .

IF YOU DID NOT BID and wish to remain on the Lamar Consolidated ISD bid list for this item, please indicate:

I wish to remain on the bid list.

I do not wish to remain on the bid list.

PLEASE RETURN THIS FORM ONLY TO: Lamar Consolidated ISD Purchasing Department

Notice of “No Bid”

3911 Avenue I

Rosenberg, TX 77471

VENDOR SIGNATURE: DATE:

PRINT NAME: COMPANY NAME:

PHONE NUMBER: ( ) FAX NUMBER: ( )

E-MAIL ADDRESS:

Appendix A: Conditions, Disclosures and Notifications

General Terms & Conditions

Contractual Terms & Conditions

Special Terms & Conditions

Certificate of Residency

Conflict of Interest Disclosure

Felony Conviction Notification

Vendor Debarment Statement

Signed Notice Form

References & Bid Qualification

LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

GENERAL TERMS & CONDITIONS

A. BID TERMS AND CONDITIONS

ALL OF THE FOLLOWING PROVISIONS BECOME A PART OF THE TERMS AND CONDITIONS OF THIS BID UNLESS SUPERSEDED BY ANY ATTACHED TERMS AND SUPPLEMENTAL CONDITIONS (OR SPECIFICATIONS), IN WHICH CASE THE ATTACHED CONDITIONS PREVAIL. ANY EXCEPTIONS MUST BE IN WRITING.

1. Bids shall be submitted on this form only and placed in a separate envelope, sealed and properly identified with bid title, number and bid opening date.

2. All items to be quoted F.O.B. Lamar Consolidated I.S.D. Warehouse freight pre-paid. Title does not transfer to the School District until received at same. (If applicable, see “Special Conditions”).

3. Sums of money shall be indicated both by Unit Cost and Total Cost when applicable. In case of discrepancy, the Unit Cost shall govern.

4. Unless otherwise specified, all prices are to be firm prices. Other than firm prices will not be considered, however, cash discounts offered may be considered in determining the successful supplier. Cash discount period shall start from date of receipt of acceptable invoice or from date of receipt of acceptable material whichever is the later.

5. Any catalog, brand name or manufacturer’s reference used herein is intended to be descriptive and not restrictive. Proposals on any reputable manufacturer’s regularly produced product which is similar and substantially equivalent will be considered. Lamar Consolidated I.S.D. reserves the right to make final decisions as to comparable items. Be very certain that items upon which you bid and deliver are EQUAL to items listed. Materials which are not equal shall be returned to the supplier transportation charges collect.

6. Samples, when requested, must be furnished within five working days of the request at no cost to the District. If not destroyed in examination, they will be returned to the bidder on request at the vendor’s expense.

7. Lamar Consolidated I.S.D. reserves the right to accept or reject all or any part of any bid, to waive technicalities and to award items to best serve the interest of the District. This inquiry implies no obligation on the part of the buyer, nor does the buyer’s silence imply an acceptance or rejection of any offer.

8. It is understood and agreed that the District reserves the right to increase or decrease quantities or modify conditions and specifications by mutual agreement with the selected supplier, both at the time of acceptance of this quotation offer, as so modified, and subsequent thereto.

9. Lamar Consolidated ISD is exempt from all applicable Federal and State Taxes. All Quotation offers and/or bids are to be made taking this fact into consideration.

10. PLEASE NOTE CAREFULLY- Complete all information in spaces provided, otherwise your bid may not be considered.

GENERAL TERMS AND CONDITIONS (page 2)

11. Deliveries under the terms of this bid will be in accordance with the dates indicated therein, except where no date is indicated, the vendor will enter the earliest assured date. It is understood and agreed that the delivery date and/or date of installation AFTER receipt of a purchase order is the seller’s best offer. In its acceptance of any offer, the district is relying on the promised delivery date and/or installation of material and basic to its acceptance, unless otherwise indicated. In the event of Seller’s failure to deliver as and when promised, the School District reserves the right to cancel its accepting order, or any part thereof, and seller agrees that the School District may return all or part of any shipment so made, and may charge seller with any loss or expense sustained as a result of such failure to deliver as promised. All goods are subject to inspection and return at the vendor’s expense if found to be inferior to those specified or promised.

12. In the event any article to be sold or delivered, thereunder, is covered by any patent, copyright, trademark, or application, the seller shall indemnify and hold harmless the District from any and all loss, cost expenses and legal fees on account of any claims, legal actions, or judgments on account of manufacture, sale, or use of such article in violation infringement or the like of rights under such patent, copyright or application.

13. The District shall not be responsible for any goods delivered or services performed without its purchase order signed by an authorized representative of the Purchasing Department.

14. Vendors who do not bid, but wish to remain on our bid list, must notify the Lamar Consolidated I.S.D. Purchasing Department in writing using the enclosed “Notice of No Response” form. Failure to do so may result in removal form this list.

15. CONFIDENTIAL OR TRADE SECRETS (Government Code, Article 252.049). If any of the information is considered to be confidential or a trade secret belonging to the offeror and, if released, would give advantage to a competitor or offeror, that information should be filed with the proposal in a separate envelope marked “CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.

16. Electronic, telephone, telegram and facsimile bids are unacceptable.

17. All items will be new and unused, unless otherwise specified, and in first class condition.

18. In the event that Seller’s obligations hereunder require or contemplate performance of services by seller’s employees, or persons under contract to Seller, to be done on Purchaser’s property, the Seller agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the Purchaser. Seller shall maintain all necessary insurance coverage as required by statute as well as those coverage specifically enumerated within the bid document. Seller shall indemnify and save harmless and defend Purchaser from any and all claims or liabilities arising out of the work covered by this paragraph.

19. All shipments and/or correspondence (i.e. cartons, packages, invoices, etc.) must bear the appropriate LCISD purchase order number on the outside.

20. PAYMENT will be made upon receipt and acceptance by Lamar Consolidated ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA. Successful bidder(s) is required to pay subcontractors within ten (10) days.

21. Seller agrees to not discriminate against a qualified individual with a disability. Seller also agrees to provide a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is equal to that afforded others involved in the program, service or activity.

GENERAL TERMS & CONDITIONS (page 3)

22. The Lamar Consolidated Independent School District shall give preference to small and minority firms, women’s business enterprise and labor surplus area firms as required by CFR, Title 34, Section 80.36 or when it is in the best interest of the District.

23. EQUAL EMPLOYMENT OPPORTUNITIES LAWS. Successful bidder will be required to comply with applicable equal employment opportunity laws and regulations.

24. No individual shall be excluded from participating in, denied the benefit of, subject to discrimination under, or denied employment in the administration of, or in connection with any such program because of race, color, religion, sex, national origin, age, handicap, or political application or belief.

25. Any bid received after the time and date specified for opening shall not be considered.

26. Lamar Consolidated ISD reserves the right to award items on this invitation in groups, “item by item”, or an “all or none” basis – whichever serves the interest of the district.

27. CONTRACT. This bid, when properly accepted by Lamar Consolidated ISD, shall constitute an integral part of any contract, equally binding between the successful bidder and Lamar Consolidated ISD. No different or additional terms will become a part of this contract with the exception of Change Orders.

28. EVALUATION CRITERIA. In determining whom to award a contract, the district shall consider: (1) 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; (7) the long-term cost to the district to acquire the vendor’s goods or services; and (8) any other relevant factor as listed in the project documents.

29. ALL VENDORS OR CONTRACTORS DOING BUSINESS WITH LAMAR CONSOLIDATED ISD must submit a Conflict of Interest Questionnaire if required no later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed as required by Local Government Code, Section 176.006. The form may be downloaded from the Lamar Consolidated ISD website at services/purchasing

THE UNDERSIGNED HEREBY:

Agrees to deliver the items specified herein in accordance with the terms, conditions, specifications and prices set forth.

FIRM:

AUTHORIZED SIGNATURE:

DATE:

B. CONTRACTUAL TERMS AND CONDITIONS

Following award to the successful bidder, LCISD may require such Vendor to execute an agreement with LCISD, which may include the following contractual provisions. This list is not intended to be exhaustive, and LCISD reserves the right, prior to execution and approval of any agreement between the parties, to include any other contractual provisions that may be appropriate. Vendor understands and agrees that any terms and conditions submitted by Vendor as part of its bid are not incorporated into any agreement between Vendor and LCISD, and are hereby expressly excluded, unless such terms and conditions are restated herein below, or included in any final agreement executed between Vendor and the duly authorized representative of LCISD. In the event a separate agreement is not executed by LCISD and Vendor following the bid award, these Contractual Terms and Conditions, along with the above Bid Terms and Conditions and any LCISD Special Terms and Conditions of Insurance shall constitute the entire agreement governing the parties’ relationship.

1. Deliverables under this Agreement will be made in accordance with the deadlines indicated in the bid documents, or as otherwise amended in a properly executed Agreement between the parties. In the event of Vendor’s failure to deliver as and when promised, the LCISD reserves the right to cancel its order, or any part thereof, and Vendor agrees that the District may return all or part of any deliverable so made. In such event, LCISD may charge Vendor with any losses, damages or expenses incurred as a result of such failure to deliver as promised.

2. All furnished materials will be new and unused, unless otherwise specified, and in first class condition. All goods are subject to inspection and return at the Vendor’s expense if found to be inferior to those specified or promised.

3. Vendor expressly warrants that all goods or services furnished under this Agreement shall conform to all specifications and appropriate standards and shall be free from defects in material or workmanship. Vendor warrants that all such goods or services shall conform to any statements made on the containers or labels or advertisements for such goods, or services, and that any goods will be adequately contained, packaged, marked and labeled.

4. In the event that Vendor’s obligations hereunder require or contemplate that performance of services by Vendor’s employees, or persons under contract to Vendor, be done on LCISD’s property, Vendor agrees that all such work shall be done as an independent contractor and that the persons doing such work shall not be considered employees of LCISD. Vendor shall maintain all necessary insurance coverage as required by statute as well as those coverages specifically enumerated within the bid documents or LCISD Special Terms and Conditions of Insurance.

5. LCISD may not be held liable for non-funding of an expenditure caused through no fault of its own, and loss of funding to LCISD shall constitute grounds for termination of the parties’ contractual relationship by LCISD, in whole or in part, without penalty, pecuniary risk or further liability to LCISD.

6. If this is a renewable Agreement, the prices, terms, and conditions of this Agreement will govern all extensions and renewals with Vendor, unless mutually amended in writing and duly authorized by the parties.

7. TERMINATION FOR CAUSE. If at any time, Vendor fails to fulfill or abide by the terms and conditions or specifications of this Agreement, LCISD reserves the right, at its sole discretion, to do one or more of the following, as allowed by law:

• purchase the goods or services on the open market and charge the Vendor the difference between the Agreement price and actual purchase price;

• deduct any charges, losses or damages for non-performance or defective performance from existing or future invoice amounts due to Vendor;

• terminate this Agreement upon thirty (30) days of written notification to Vendor and remove Vendor from the active proposal file for a period of time not less than one (1) year;

• terminate this Agreement upon thirty (30) days of written notification and re-propose the goods or services;

• terminate this Agreement upon thirty (30) days of written notification and award to next lower responsible bidder/offeror.

8. TERMINATION FOR CONVENIENCE: LCISD reserves the right to cancel this Agreement for convenience, in its sole discretion and without cause, at any time with upon (30) days written notice to Vendor. In the event of cancellation, Lamar Consolidated ISD will not be held responsible for loss of business or any termination expenses incurred by the Vendor.

9. Any certificates of Insurance furnished by the Vendor as evidence of the insurance maintained by him shall include a clause obligating the Insurer to give Lamar Consolidated Independent School District thirty (30) days prior written notice of cancellation or any material change in the insurance.

10. If, following seven (7) days written notice to Vendor identifying defective or nonconforming work, Vendor or its subcontractors fail to correct such defective or nonconforming work, LCISD may order the Vendor to stop further work, or any portion thereof, until the defect or nonconformance has been properly corrected by Vendor or its subcontractors.

11. Should the Vendor not proceed with the correction of defective or non-conforming work within three (3) additional days of LCISD’s order to stop further work, set forth in Paragraph 11 above, the Owner may cause the removal, repair or correction of the defective or nonconforming work and may charge all associated costs of the same to Vendor.

12. The Vendor shall not sub-contract, in whole or partially, any part of those services required to fulfill the terms of this Agreement without first obtaining written approval from LCISD.

13. The Vendor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.

14. Unless otherwise provided within those specifications of this bid, the Vendor shall secure and pay for any fees, licenses, or permits necessary for the successful completion and proper execution of the work, be it community, city, county, or state requirement.

15. All invoices for payment submitted by Vendor shall be accompanied by a detailed breakdown of all work performed and materials provided, by date and quantity.

16. Vendor agrees to provide and pay for all labor, materials, and equipment necessary for the proper execution and completion of work under this Agreement.

17. Vendor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work site any unfit person or anyone not skilled in the task assigned to him.

18. Vendor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations.

19. Vendor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to:

a. Vendor’s employees and subcontractors;

b. Any and all innocent bystanders;

c. Any and all equipment and premises of LCISD.

20. Vendor covenants and agrees to fully indemnify, defend, and hold harmless, the District, its agents, employees, trustees, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to personal or bodily injury, death and property damage, against the District directly or indirectly arising out of, resulting from or related to Vendor’s activities under this Agreement, including any acts or omissions of Vendor, any agent, officer, director, representative, employee, consultant or subcontractor of Vendor, and their respective officers, agents, employees, directors and representatives while in the exercise of performance of the rights or duties under this Agreement.

21. Vendor shall promptly notify the District in writing, but not more than ninety (90) days, following the accrual of any claim or demand against the District or Vendor known to Vendor related to or arising out of Vendor’s activities under this Agreement. Failure to provide timely notice shall constitute a waiver of such claim by Vendor.

“The undersigned affirms that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to official opening of this bid.”

FIRM:

AUTHORIZED SIGNATURE:

DATE:

LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

SPECIAL TERMS AND CONDITIONS

I. Owner – the Owner is Lamar Consolidated Independent School District

Contractor – the Contractor is the person or entity with whom the Owner shall contract to perform those specifications set forth in this proposal.

II. AN ACCEPTABLE SURETY COMPANY PROPOSAL BOND or CERTIFIED CHECK for the amount not less than five percent (5%) of the proposal amount shall accompany each proposal. “Acceptable Surety” means an Insurance Company licensed by the Texas State Board of Insurance to act as surety, have an A.M., Best Rating of “A-:VII” or higher, be listed in the Federal Register, and having an unblemished record. The check or bond of each unsuccessful contractor will be returned within ten (10) days after the proposal is awarded. FAILURE OF AN ACCEPTED CONTRACTOR TO ENTER INTO A CONTRACT TO COMPLETE THE SPECIFIED WORK MAY CAUSE FORFEITURE OF HIS BID/SEALED PROPOSAL SECURITY. FAILURE TO SUBMIT PROPER BID/SEALED PROPOSAL SECURITY SHALL CAUSE REJECTION OF THE PROPOSAL.

III. BOND AND INSURANCE SUBMITTALS.

A. The successful contractor shall be required to furnish the appropriate certificates of insurance, and the executed Payment and Performance Bonds, if required, prior to starting the project.

B. Bonds: Prior to commencement of Work hereunder, contractor will, if the Contract Price exceeds $25,000.00, provide an Acceptable Surety Company Payment and Performance Bond, each in principal amount equal to one hundred percent (100%) of the Contract Price, conditioned that the contractor will faithfully perform all its undertakings in this Contract and will fully pay all persons furnishing labor and material in the prosecution of the Work provided for in this Contract. By “Acceptable Surety” is meant an Insurance Company licensed by the Texas State Board of Insurance to act as surety, have an A.M. Best Rating of “A-:VII” or higher, be listed in the Federal Register, and having an unblemished record. If any surety upon any bond becomes insolvent or otherwise ceases to do business in this State, the contractor shall promptly furnish equivalent security to protect the interests of Lamar Consolidated ISD and of persons furnishing labor and materials in the prosecution of the Work.

IV. INSURANCE

A. The contractor shall maintain insurance of the kinds and in the amounts specified below and furnish Lamar Consolidated Independent School District with Certificates of Insurance as evidence thereof in the prescribed form. If any work provided for or to be performed under any Specifications is sub-let (as otherwise permitted by the terms of such Specifications), the contractor shall require the subcontractor to maintain and furnish him with satisfactory evidence of Workers Compensation, Employer’s Liability and such other forms and amounts of insurance which the contractor deems reasonably adequate.

B. The contractor will provide and maintain standard fire, extended coverage perils, vandalism and malicious mischief insurance to protect the interest of both the contractor and the Owner for materials brought into the job or stored on the premises. Such insurance shall be for at least one hundred percent (100%) of the insurable value of the work to be performed including all items of labor and materials incorporated therein, materials stored at the job-site to be used in completing the work, and such other supplies and equipment incidental to the work as are not owned or rented by the contractor, the costs of which are included in the direct cost of the work.

C. This insurance shall not cover any tools, derricks, machinery, tar buckets, ladders, engines, workmen’s quarters, boilers, pumps, wagons, scaffolds, forms, compressors, shanties, or other items owned or rented by the contractor, the cost of which is not included in the direct cost of the work.

D. In accordance with above items, the contractor shall maintain the following insurance:

Contractor shall carry throughout the life of this Contract, at his expense, with insurers satisfactory to Lamar Consolidated ISD, insurance of not less than the following limits:

1. Worker’s Compensation and Employer’s Liability Insurance

Coverage Minimum Limit

a. Worker’s Compensation Statutory

b. Employer’s Liability

Bodily Injury

By Accident, Each Accident $1,000,000

By Disease, Each Employee $1,000,000

By Disease, Policy Limit $1,000,000

c. Attach Alternate Employer Endorsement, if applicable:

Under the “borrowed servant doctrine”, an employer who borrows or leases an employee (the “special” or “alternate” employer) from another firm (the “regular employer”) is held responsible for worker’s compensation benefits to that worker. The doctrine can apply if there is an express or implied contract of hire between the special employer and the injured employee, the employee is engaged in work for the special employer and the special employer controls the details of the work. The most obvious example of where this could come into play is with respect to employees provided by a temporary service. Other less obvious examples of where the doctrine may apply include operators provided with leased or rented equipment, aircraft, or vehicles and maintenance employees supplied by a property management firm hired by the building owner. Attachment of the alternate employer endorsement (WC 00 03 01 A) to the regular employer’s worker compensation policy eliminates the possibility that the alternate employer might be held accountable for payment of workers compensation benefits to a lent or leased employee.

2. General Liability

Coverage/Limit

a. Bodily Injury and Property Damage

Each Occurrence $1,000,000

b. Personal and Advertising Injury

Each Occurrence $1,000,000

c. Products/Completed Operations (Aggregate)

to be maintained for five years following

completion of project) $2,000,000

d. General Aggregate $2,000,000

e. Fire Damage Legal (if lease involved)

(any one fire) $300,000

f. Medical Expense (any one person) $10,000

g. Standard ISO occurrence policy form

h. District included as an insured (exclude products

/completed operations)

i. Contractor’s insurance is primary (other Insurance clause).

j. Covers contractual liability

k. Aggregate limit to apply on a per project or per location basis

(other than products/completed operations).

l. Separation of insureds clause.

3. Business Automobile

a. Each accident limit of $500,000

b. Covers owned, non-owned and hired vehicles

c. District included as an insured

d. Coverage to be on a standard ISO version business auto policy form, or equivalent form

e. Liability coverage applies to “any auto”

4. Umbrella/Excess Liability Follow Form

Coverage/Limit

a. Each Occurrence and Aggregate $2,000,000

b. Follow Form

5. All Policies/Coverages

a. Each insurer must have an A.M. Best Rating of “A-:VII” or

higher and/or otherwise be acceptable to the District, and

must be licensed in Texas to write the above coverage.

b. Each policy must provide the following:

1) 30-day notice of cancellation

2) 60-day notice of non-renewal

3) 30-day notice of material change

4) The policy must require that the insurer send notice to theDistrict

E. This Insurance shall:

1. include coverage for the liability assumed by the contractor

2. include completed operation coverage which is to be kept in force by the contractor for a period of not less than five years after completion of the work provided for or performed under these specifications.

3. not be subject to any of the special property damage liability exclusions

commonly referred to as the XCU exclusions pertaining to blasting or explosion, collapse or structural damage and underground property;

4. not be subject to any exclusion of property used by the insured or property in the care, custody or control of the insured or property as to which the insured for any purpose is exercising physical control; and

5. the Certificates of Insurance furnished by the contractor shall show by specific reference that each of the foregoing items have been provided for.

F. The certificates of Insurance furnished by the contractor as evidence of the insurance maintained by him shall include a clause obligating the Insurer to give Lamar Consolidated Independent School District thirty (30) days prior written notice of cancellation or any material change in the insurance.

G. If the Contractor fails to correct defective work or persistently fails to fulfill his obligations according to specifications, the Owner may order the Contractor to stop work, or any portion thereof, until the cause for such order has been properly corrected.

H. Should the Contractor not proceed with the correction of such defective or non-conforming work within a reasonable time, the Owner will remove the faulty work and replace it to comply with those specifications as set forth in this proposal. All costs connected with this shall be charged to the Contractor.

I. The Contractor shall not sub-contract, in whole or partially, any part of those services required to fulfill the terms of this contract without first obtaining approval from the Owner.

J. The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work.

K. Unless otherwise provided within those specifications of this proposal, the Contractor shall secure and pay for any fees, licenses, or permits necessary for the successful completion and proper execution of the work, be it community, city, county, or state requirement.

L. The Contractor shall be responsible to the Owner for the acts and omissions of his/her employees (including sub-contractors) performing any work under the terms and conditions of this proposal (contract).

M. The Contractor agrees to provide and pay for all labor, materials, and equipment necessary for the proper execution and completion of work.

N. The Contractor shall at all times enforce strict discipline and good order among his/her employees and shall not employ on the work site any unfit person or anyone not skilled in the task assigned to him.

O. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations.

P. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to:

1. Contractor’s employees;

2. Any and all innocent bystanders;

3. Any and all equipment and premises of the Owner

Q. LCISD shall not be liable for any damage to person or property caused by any act, omission or neglect of Contractor, its agent, or Subcontractors, and Contractor agrees to Indemnify and hold Owner harmless from all liability and claims for any such damage

V. INDEMNITY

A. Contractor covenants and agrees to fully indemnify, defend, and hold harmless, the District and the elected officials, employees, officers, Board of Directors, volunteers and representatives of the district, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to personal or bodily injury, death and property damage, made upon the District directly or indirectly arising out of, resulting from or related to Contractor’s activities under this Contract, including any acts or omissions of Contractor, any agent, officer, director, representative, employee, consultant or subcontractor of contractor, and their respective officers, agent, employees, directors and representatives while in the exercise of performance of the rights or duties under this contract. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of the district, its officers or employees, in instances where such negligence causes personal injury, death or property damage. IN THE EVENT CONTRACTOR AND THE DISTRICT ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE DISTRICT UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENCES OF THE PARTIES UNDER TEXAS LAW.

B. The provisions of this Indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

C. Contractor shall promptly advise the District in writing of any claim or demand against the District or Contractor known to Contractor related to or arising out of Contractor’s activities under this Contract.

THE UNDERSIGNED HEREBY:

Agrees to deliver the items specified herein in accordance with the terms, conditions, specifications and prices set forth.

FIRM:

AUTHORIZED SIGNATURE:

DATE:

CERTIFICATE OF RESIDENCY

The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for the LCISD to determine the residency of its offerors. In part, this law reads as follows:

“Section: 2252.001

(3) ‘Non-resident bidder’ refers to a person who is not a resident.

(4) ‘Resident bidder’ refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Section: 2252.002

A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”

I certify that

(Name of Company Bidding)

is, under Section: 2252.001 (3) and (4), a

Resident Bidder Non-resident Bidder

My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of

in the state of

Signature of Authorized Company Representative

Print Name

Title Date

|CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ |

|For vendor or other person doing business with local governmental entity |

|This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. |OFFICE USE ONLY |

| | |

|This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship| |

|as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). | |

| | |

|By law this questionnaire must be filed with the records administrator of the local governmental entity 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 176.006, Local | |

|Government Code. | |

| | |

|A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section | |

|is a Class C misdemeanor. | |

| | |

| |Date Received |

| Name of person who has a business relationship with local governmental entity. | |

|Check this box if you are filing an update to a previously filed questionnaire. |

|(The law requires that you file an updated completed questionnaire with the appropriate filing authority not |

|later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) |

| Name of local government officer with whom filer has employment or business relationship. |

| |

| |

|Name of Officer |

|This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as |

|defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. |

| |

|A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment |

|income, from the filer of the questionnaire? |

| |

|Yes No |

| |

|B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at |

|the direction of the local government officer named in this section AND the taxable income is not received from the |

|local governmental entity? |

| |

|Yes No |

| |

|C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local |

|government officer serves as an officer or director, or holds an ownership of 10 percent or more? |

| |

|Yes No |

| |

|D. Describe each employment or business relationship with the local government officer named in this section. |

| |

| |

|_____________________________________________ ____________________ |

|Signature of person doing business with the governmental entity Date |

Adopted 01/01/06

Felony Conviction Notification

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”.

Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract”.

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 of 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:

Name of felon(s):

Details of Conviction(s):

Signature of Company Official:

VENDOR DEBARMENT STATEMENT

I have read the conditions and specifications provided in the bid document attached.

I affirm, to the best of my knowledge, the company I represent has not been debarred or suspended from conducting business with school districts in the State of Texas. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulation may be obtained by contacting the Department of Agriculture Agency with which this transaction originated.

NAME OF COMPANY (Please Type)

MAILING ADDRESS CITY STATE ZIP

PREPARED BY (Please Type)

_____________________________ _____ _____________________________________

SIGNATURE TITLE

___________________ _____________________ _____________________

TELEPHONE NUMBER FAX NUMBER DATE

Check here if you have an address or telephone number change: Yes No

Signed Notice & Addenda Form

Having carefully examined the Proposal Notice, Terms, Conditions, Specifications and Proposal Form, the undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the specifications and conditions at the prices quoted unless noted in writing.

The undersigned affirms they are duly authorized to execute this proposal and that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Offeror.

ADDENDA, IF ANY: Issued in accordance with this document, the undersigned

acknowledges receipt of Addenda Nos._________________dated__________________

_______________________________ (if none received state so)

FIRM NAME____________________________________________________________

ADDRESS______________________________________________________________

CITY/STATE ZIP________________________________________________________

TELEPHONE NO.________________________________________________________

FACSIMILE NO._________________________________________________________

AUTHORIZED SIGNATURE_______________________________________________

TYPED/PRINTED NAME__________________________________________________

POSITION WITH COMPANY______________________________________________

REFERENCES AND BID QUALIFICATION

It is the policy of the Lamar Consolidated ISD Purchasing Department to insure the reliability, financial stability, product quality and delivery record of vendors it selects for its contractual obligations. In compliance with this policy, please provide us with at least 6 similar accounts that this department may contract to verify the above criteria on behalf of your company.

1.

Name of Firm Telephone Contact Person

2.

Name of Firm Telephone Contact Person

3.

Name of Firm Telephone Contact Person

4.

Name of Firm Telephone Contact Person

5.

Name of Firm Telephone Contact Person

6.

Name of Firm Telephone Contact Person

Company:

Signed: Printed Name:

-----------------------

NOTICE OF “NO RESPONSE” FORM

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2

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