KATY ISD PURCHASING DEPARTMENT...KATY ISD PURCHASING DEPARTMENT P.O. BOX 657 KATY, TX 77492-0657 RFCP #1481 - Oils and Lubricants DO NOT OPEN UNTIL: 3:00 p.m., November 6, 2013 FOR

************ IMPORTANT SUBMITTAL INFORMATION ************

Please duplicate the appropriate label and affix to the outside of your sealed submittalenvelope. Vendor's name and return address should be printed on the submittalenvelope.

FOR U.S. MAIL 4¢ÿ

KATY ISD PURCHASING DEPARTMENTP.O. BOX 657

KATY, TX 77492-0657

RFCP #1481 - Oils and LubricantsDO NOT OPEN UNTIL: 3:00 p.m., November 6, 2013

FOR HAND DELIVERY/COURIER SERVICES dÿ.....................

KATY ISD PURCHASING DEPARTMENT5364 FRANZ ROAD

KATY, TX 77493

RFCP #1481 - Oils and LubricantsDO NOT OPEN UNTIL: 3:00 p.m., November 6, 2013

It is your responsibility to meet the submittal requirements. We recommend that youverify the label data with the title page; the latter prevails.

RFCP #1481- Oils and Lubricants Including Disposal Service Page 1

School District

5364 Franz Road, Katy, Texas 77493Phone: 281-396-6260

Fax: 281-644-1828

October 1,2013

NOTICESealed proposals addressed to the Katy Independent School District, Attention: Regina Stephenson,Director of Purchasing, will be received in the Purchasing Department at 5364 Franz Road, Katy,Texas 77493 until:

3:00 p.m., November 6, 2013 for RFCP #1481 - Oils and Lubricants Including Disposal Service.

Proposals will be publicly opened in the Purchasing Department immediately following the deadlinefor receiving proposals at 5364 Franz Road. For additional information, contact Patti Fortin,Purchasing Department at 281-396-7581.

Proposal submittal envelopes must be plainly marked with the RFCP number, name and deadline.Please duplicate the label shown on the cover page and affix to the outside of your sealedsubmittal envelope.

Any proposal received later than the specified time, whether defivered in person or mailed,shall be disqualified and returned to the vendor unopened.

If you or anyone attending the proposal opening on your behalf needs special services, please call281-396-6260 prior to the proposal deadline so that we may accommodate your particular need.

Katy ISD reserves the right to reject any or all proposals and to accept any proposal(s) determined tobe most advantageous to the Katy Independent School District and to waive any informality.

The length of this contract will be for a period of one (1) year from the date of the award, with theoption to renew annually for four (4) years with mutual agreement.

FAILURE TO SUBMIT PROPOSAL IN DUPLICATE MAY RESULT IN REJECTION OFPROPOSAL.

Stephenson, Dir of Purchasing


NOTICE OF NO SUBMISSION FORM

VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED PROPOSAL FORMWILL REMAIN ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE AT ALL WILL BEREMOVED FROM THAT LISTING.

Dear Vendor:

Please check the appropriate box below, complete the remainder of this form and return itby the scheduled Date and Time:

CI Our company cannot provide the products, supplies and/or services listed in this request.Please MOVE our name and address to the following category (ies) sothat we may propose at a later date:

Category(ies):

O We have chosen NOT to submit a proposal at this time, but would like to remain on yourlist for this proposal category. We did not submit a proposal because:Reason(s):

E3 Please REMOVE our name from all Katy ISD lists until further notice.

Reason(s):

PLEASE RETURN THiS FORM TO:

Katy ISD Purchasing Department5364 Franz RoadKaty, TX 77493

Notice of "No-Submission" - RFCP #1481 - Oils and Lubricants Including Disposal Service

Company Name:

Representative: (please print)

Address:

City:

Phone (

State: Zip:

Authorized Signature:

Title: Date:

Thank you for your time and assistance.

"No Submission" Forms may be faxed to the Katy ISD Purchasing Department at 281-644-1828.


GENERAL CONDITIONSTHE WORDS "BIDS, PROPOSALS, QUOTES" AND THEIR DERIVATIVES MAY BE USED 1NTERCHANGEABLY IN THESE TERMS ANDCONDITIONS. THESE TERMS AND CONDITIONS ARE APPLICABLE ON ALL BIDS, PROPOSALS, QUOTES, PURCHASE ORDERS AND THEIRDERIVATIVES.

1. BIDS, IN DUPLICATE, ARE TO BE DELIVERED TO KATY ISD PURCHASING DEPARTMENT, 5364 FRANZ ROAD, KATY, TEXAS 77493,F.O.B. DESTINATION IN AN OPAQUE, SEALED ENVELOPE, WITH THE BID NUMBER AND THE DUE DATE DISPLAYED ON THE OUTSIDE.Katy ISD shall not be held liable for any proposal that is improperly identified and thus not considered for award.

2. NO BID: Bidders may opt to send a NO BID response back to Katy ISD. Vendors not responding to tbe bid request in any manner will be deleted from tilevendor list and will not be reinstated unless a request is submitted to tim District in writing.

3. LATE BIDS: Late bids will not be accepted or considered. Late bids will be returned to vendors unopened. Katy ISD will not be responsible for bidsdelivered incorrectly or misplaced bids. The date/time stamp in the Purchasing Office shall be the official time of receipt.

4. UNSIGNED BIDS will NOT be considered. ONLY SEALED BIDS will be accepted. Faxed bids or electronic submissions will NOT be accepted.

5. BIDDER SHALL PROVIDE with their bid response, all documentation required including all required forms. Failure to provide this information may resultin rejection of bid.

6. BID PRICES are to remain firm for one (1) year from date of award, unless otherwise specified.

7. BID MUST COMPLY with all federal, state, county, and local laws concerning these types of goods/services. ALL ITEMS MUST MEET OSHASTANDARDS OF COMPLIANCE AND BE ASBESTOS FREE.

8. SAMPLES, if applicable or when requested, shall be furnished at no cost to Katy ISD within five (5) days of the request. If not destroyed during timevaluation, samples will be returned to the bidder upon request at the bidder's expense. Samples, for which no return request is received by Katy ISD withinseven (7) days of bid award, will be considered a donation to the district and will be distributed accordingly.

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ALL ITEMS WHICH UTILIZE ELECTRICAL CURRENT MUST BE U.L. LISTING APPROVED.

DESIGN, STRENGTH, QUALITY of materials must be new and conform to tim highest standards of manufacturing practice. All bid items shall be in firstclass condition, including containers suitable for shipment and storage, unless otherwise indicated in the bid. Katy ISD will not accept "factory seconds" orotherwise inferior goods and reserves the right to retnrn such item(s) within thirty (30) days of receipt at vendor's expense.

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REMEDIES: BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES are expected to fully inform themselves as to the conditions, requiremeuts andspecifications before submitting bids. Failure to do so will be at tbe bidder's own risk and bidder cannot secure relief on the plea of error. Neither law norregulation makes allowance for errors of omission or commission on tbe part of bidders.

ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time mustbe initialed by the signer of the bid, guaranteeing authenticity.

RESPONSIBLE BIDDER. Tim business nmst be a well-established organization and have an adequate number of trained personnel to ensure quality andperformance and completion of contract within a specified time period.

REFERENCES: KATY ISD may request bidders to supply, with tiffs bid, a list of at least five (5) references where like goods/services have been suppliedby their firm to entities of similar size and scope. Include name of firm, telephone number and name of representative.

WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by tim bidder without the permission of Katy 1SD for a period of ninety (90) daysfollowing the date designated for the receipt of bids, and bidder so agrees upon submittal of their bid. Witbdrawal of a bid or item(s) on a bid will bedocumented in the vendor's history file and may result in vendor beiug placed on unrespousive vendor list.

TO EXPEDITE EVALUATION of the bids, BIDS must be submitted on Kat3,1SD forms; altlmugh additional information may be attached for evaluationpurposes.

17. SALES TAX: Katy ISD is exempt by law from payment of Texas and Local Sales Tax aud Federal Excise Tax.

18. NO CASH ADVANCE discount will be considered.

19. BID EVALUATION. The lowest bid will not necessarily be tim successfid bid. Bids will be evahmted not only in terms of the cost of the goods/equipment,but also in terms of responsiveness of that proposed to the District's needs and requirements. Tim District will award tim bid on the basis of best value.

20. EVALUATION CRITERIA. In determining to whom to award a contract, the District will consider: (1) tim purcbase price; (2) tim reputation of the vendorand 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'sneeds; (5) the vendor's past relationship with the district; (6) the impact on the ability of tim district to comply with laws and rules relating to bistorieallyunderutilized businesses; (7) the long-term cost to the district to acquire the vendor's goods or services;(8)for goods and services other thanteleeommtmicatious, information services, construction or building maintenance, or instructional materials, whether tim vendor, vendor's parent company, ormajority owner, has its principal place of business in this state, or employs at least 50 people in this state, and (9) any other relevant factor as listed in theproject documents.

21. BID AWARD: Katy ISD reserves tim right to award bids as a whole or on a line item basis, whichever is in the best interest of the District.

22. PLEASE BID on each item separately. Provide unit prices on quantity specified and extended amount. In cases of errors in extensions, unit price shall

govern.

23. IF DURING THE LIFE OF THE CONTRACT, the successful bidder's net prices to otber customers for items awarded herein are reduced below timcontracted price, it is understood and agreed that the benefits of such reduction shall be extended to Katy ISD.


24. DELIVERY: All products delivered as a result of this contract must have tbe delivery and/or freight charges (FOB) Katy ISD Designated Location withinside delivery included in the bid price.

25. CONFLICT OF INTEREST: No public official shall have interest in this contract except in accordance with Vemon's Texas Codes Annotated, LocalGovermnent Code Title 5. Subtitle C, Chapter 171.

26. ETHICS: The bidder shall not offer or accept gills or anything of value to enter into any business arrangement with any employee, official or agent of KatyISD.

27. DEVIATIONS FROM SPECIFICATIONS. All deviations front the specifications must be noted in writing, in detail by the bidder at the time of submittalof the bid. The absence of a written list of specification deviations will hold the bidder strictly accountable to the District's specifications as written. Anydeviations from the specifications written not previously submitted, as required, will be grounds for rejection of the materials/goods and/or equipment whendelivered.

28. EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to thespecifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a listshall indicate that the bidder has not taken exceptions and Katy ISD shall hold the bidder responsible to perform in strict accordance with specifications ofthe invitation. Katy 1SD will not accept substitutes after item(s) have been awarded as specified. Katy ISD reserves the right to accept any and all or noneof the exception(s)/substitution(s) bid which are deemed to be in the best interest of Kab' 1SD.

29. DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the typeand quality desired. Bids on items of like quality will be considered.

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"OR EQUAL" PRODUCTS will be evaluated after bids are received, based on literature submitted and any required testing of the pmdnct. It is the vendor'sresponsibility to submit sufficient data for the District to properly analyze an "or equal" item.

ADDENDA: Any interpretations, corrections, or changes to tiffs bid and specifications will be made by addenda. Sole issuing authority of addenda shall bevested in Katy ISD Director of Purchasing. Addenda will be mailed to all who are known to have received a copy of this bid.

ADDENDA MUST BE ACKNOWLEDGED WITH BID SUBMITTAL. A Jr addenda acknowledgment form will be provided witb bids requiringacknowledgment of addenda.

CHANGE ORDERS: No oral statement of any person shall modify, otherwise change, or affect the terms, conditions, pricing or specifications stated in theresulting contract. All change orders to the contract will be made in writing by Katy ISD Director of Purchasing.

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SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless Katy ISD and all its officers, agents and employees from all suits, actions, or otherclaims of auy character, name and description brought to or on account of any injuries or damages received or sustained by any person, persons or propertyon account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the executiou of, or performanceunder, any contract wbich may result from bid award. Successful bidder indenmifies and will indemnify and save harmless Katy 1SD from liability, claim ordemand on their part, agents, servants, customers, and/or employees, whetber such liability, claim or demand arise front event or casualty happening withinthe occupied premises themselves or bappening upon or in any of the Mls, elevators, entrances, stairways or approacbes to the facilities within the occupiedpremises. Successful bidder shall pay any judgment with costs which may be obtained against Katy 1SD growing out of such injury or damages.

CONTRACT: This bid, wben properly accepted by Katy 1SD, shall constitute an integral part of any contract, equally binding between the successful bidderand Katy 1SD. No different or additional terms will become a part of this contract with the exception of Change Orders.

TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires, or delivery and acceptance of products and/or performance ofservices is concluded subject to the following conditions: a. Katy ISD reserves the right to review the performance of vendor at all times, b. Katy 1SD willhave the right to cancel any contract entered into under the terms and conditions of tbis bid for any reason at any time on thirty (30) days written notice, c.Vendor shall have the right to cancel the contract subject to Katy ISD approval at any time on thirty (30) days written notice and justification. Thesuccessful bidder must state therein the reasons for such cancellation. In the event of any actual contract cancellation, Katy ISD will not be held responsiblefor loss of business or any termination expenses incurred by the vendor.

37. KATY ISD reserves the right to terminate contract at the expiration of each budget period. The contract is for current revenues only. LocalGovernment Code Section 271.903.

38. TERMINATION FOR DEFAULT: Katy ISD reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to bein the best interest of Katy ISD in the event of breach or default of this contract. Katy ISD reserves the right to terminate the contract immediately in theevent the successful bidder fails to: Meet schedules;

A. Default in the payment of any fees;B. Otherwise perform in accordance with these specifications.

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REPRESENTATION: The vendor represents that the items and/or services provided by the vendor hereunder shall conform to those represented anddescribed in the attachments. Notwithstanding anything to the contrary herein, if for any reason Katy ISD determines in its sole discretion, that part or all ofsuch items and/or services fails to meet the expectation of Katy ISD, Katy ISD may on ten (10) days' notice terminate this Agreement and receive the pro-rata portion of tbe contract sum paid to the vendor by Katy 1SD for the unexpired term of the Agreement.

BREACH OF CONTRACT or default authorizes Katy ISD to exercise any or all of the following rights: Katy 1SD may take possession of the assignedpremises and any fees accrued or becoming due to date; Katy ISD may take possession of all goods, fixtures and materials of successful bidder therein andmay foreclose its lien against such personal property, applying the proceeds toward fees due or thereafter becoming due. Katy ISD reserves the right toaward canceled contract to next lowest and best bidder as it deems to be in the best interest of Katy ISD. In such event, the District may charge thesuccessful bidder the difference for any additional cost of such bid item.

41. IN THE EVENT the successful bidder shall fail to perform, keep or observe any of the terms and conditions, Kats, 1SD shall give the successfill bidderwritten notice of such default; and in the event said default is not remedied to the satisfaction and approval of Katy ISD witbin two (2) working days ofreceipt of such notice by the successfnl bidder, default will be declared and all the successful bidder's rights shall terminate.

42. BIDDER, IN SUBMITTING THIS BID, agrees that Kat3, ISD shall not be liable to prosecution for damages in the event that Katy ISD declares the bidder indefatdt.


43. GRACE PERIOD: Katy ISD requests tile right to continne in force this contract for a period not to exceed ninety (90) days after expiration date forunforeseeable reasons on a month to month basis if agreed to by both parties.

44. NOTICE: Any notice provided by this bid (or required by Law) to be given to the successful bidder by Katy ISD shall be conclusively deemed to have beengiven and received on the next day after such written notice has been deposited in the mail in Katy, Texas, by Registered or Certified Mail with sufficientpostage affixed thereto, addressed to the successful bidder at the address so provided; provided this shall not prevent the giving of actual notice in any othermanner.

45. PATENTS/COPYRIGHTS: The successful bidder agrees to protect Katy ISD from claim involving infringements of patents and/or copyrights.

46. CONTRACT ADMINISTRATOR: Under this contract, Katy ISD may appoint a contract administrator with designated responsibility to ensure compliancewith contract requirements, such as but not limited to, acceptance, inspection and deliver),. The contract administrator will serve as liaison between Katy ISDPurchasing Department and the successful bidder.

47. PURCHASE ORDER: A purchase order(s) shall be generated by Katy ISD to the successful bidder. The purchase order number must appear on allitemized invoices and packing slips. Katy ISD will not be held responsible for any orders placed/delivered without a valid carrent purchase order number.

48. PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show: (a) name and address of successfulbidder, (b) name and address of receiving department/campus and/or delivery location, (c) Katy ISD Purchase Order number, and (d) descriptive informationas to the item(s) delivered, inclnding prodnct code, item ntnnber, quantity, nnnaber of containers, etc.

49. PRODUCTS SUPPLIED UNDER THIS CONTRACT shall be subject to Katy ISD approval. Items found defective or not meeting specifications shall bepicked up and replaced by the successfal bidder at the next service date at no expense to Katy ISD. If item is not picked up within oae (1) week afternotification, tile item will become a donation to Katy ISD for disposition.

50. WAGES: Successful bidder sball pay or cause to be paid, without cost or expense to Katy ISD, all Social Security, Uaemployment and Federal IncomeWithholding Taxes of all employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law.

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51. BIDDERS MUST SUBMIT chemical content literature and/or specifications and Material Safety Data Sheets with their bid for evaluation wbere applicable.Failure to comply with this requirement could eliminate bidders from consideration on item or items concerned.

WARRANTY: Successful bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in theUniform Commercial Code and be free from all defects in material, workmanship and title. Detailed explanation of warranties nmst be provided with bid.Warranty will not begin until all componeats are installed and accepted by Katy ISD.

VENUE: This agreement will be governed and construed according to tile laws of the State of Texas. Both parties agree that venue for any litigation arisingfrom this contract shall lie in Katy, Fort Bend County, Texas.

ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of KatyISD.

55. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed descriptionconcerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall bemade on the basis of this statement.

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FORCE MAJEURE: Neither party shall be liable in damages for any delay or default in the performance of this contract, if such delay or default is causedby conditions beyond its control including, but not limited to Acts of God, government restrictions, wars, insurrections, and/or any other cause beyond thereasonable control of the part), whose performance is affected.

EQUAL EMPLOYMENT OPPORTUNITIES LAWS. Successful bidder will be required to comply with applicable equal employment opportunity lawsand regulation.

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

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INVOICES shall show purchase order number, cop), of signed delivery ticket and bid name aad shall be mailed directly to:Katy ISD Accounts Payable DepartmentP O Box 159Katy TEXAS 77492-0159

ALL VENDORS OR CONTRACTORS DOING BUSINESS WITH KATY ISD must submit a Conflict of Interest Questionnaire if required nolater than the 7tl' Business Day after the date the person becomes aware of facts that require the statement to be fled as required by LocalGovernment Code, Section 176.006. The form may be downloaded from the Katy ISD website at www.katvisd.org/services/purehasing.htm.

61. ALL VENDORS OR CONTRACTORS DOING BUSINESS WITH KATY ISD must have Form W-9 Request for Taxpayer Identification Numberand Certification on file.

62. ALL VENDORS MUST ALSO INCLUDE a Felony Conviction Notifcation as required by Senate Bill No. 1, Section 44.034, Notification ofCriminal History, Subsection (a) with your bid.

63. ANY QUESTIONS CONCERNING THIS INVITATION TO BID AND SPECIFICATIONS SHOULD BE DIRECTED TO THE PURCHASINGDEPARTMENT AT (281) 396-6260. NOTE: Katy ISD does not discriminate on the basis of sex, race, disability, color or national origin in itseducational programs, activities, and/or employment practices.

- END GENERAL CONDITIONS -


SCOPE OF WORK

The Katy Independent School District is requesting sealed proposals for an annual contract for Oilsand Lubricants Including Disposal Services. The District reserves the right to adjust the quantitiesin order to achieve the combination deemed to be most advantageous to the Katy ISD. Any/allawards are contingent on funds being approved/authorized by the Katy ISD Board of Trustees.

SPECIAL TERMS AND CONDITIONS

, Estimated quantity provided should not be construed to be a guarantee of either minimum ormaximum since purchases are dependent upon actual need and availability of funding. Exactquantities to be purchased are not available at this time; however, the estimated quantitiesshown herein are based on estimate usage over the period.

. The length of this contract shall be for a maximum period of one (1) year from the date ofaward with the option to renew annually for four years. This renewal shall be subject to theavailability of funding, product quality, vendor performance evaluation by the District and theagreement of both parties to the renewal.

. The following are designated delivery addresses for this contract:Katy ISD Transportation Center (Mayde Creek Transportation Complex)2901 Dulaney Phone (281) 396-2700Houston, TX 77084 Fax: (281) 644-1810Delivery Hours: Monday through Friday from 7:30 a.m. to 3:30 p.m.

Katy ISD Transportation Center (Katy Transportation Complex)5364 Franz Road Phone (281) 396-7560Katy, TX 77493 Fax: (281) 644-1839Delivery Hours: Monday through Friday from 7:30 a.m. to 3:30 p.m.

Central Warehouse & Distribution Center (Katy Transportation Complex)5364 Franz Road Phone (281) 396-6290Katy, TX 77493 Fax: (281) 644-1838Delivery Hours: Monday through Friday from 7:30 a.m. to 3:00 p.m.

4. Deliveries required in this proposal shall be freight prepaid F.O.B. destination and proposalprices shall include all freight and delivery charges.

, It is the policy of Katy ISD to comply with Texas Hazard Communications Act. Therefore, it isnecessary to require that all vendors provide Katy ISD with a Material Safety Data Sheet for allitems sold to Katy ISD. This information shall be provided on an OSHA Form 20 MaterialSafety Data Sheet or a suitable equivalent. A separate sheet shall be provided for eachindividual item when purchase is made.

6. Warranty Conditions - Product shall be fresh and contain no used or re-refined product andshall carry the manufacturer's maximum standard warranty.

, The Katy Independent School District shall not be held responsible for any goods delivered orservices performed without a Katy ISD purchase order electronically signed by an authorizedagent and/or proper authorization from the Katy ISD Purchasing Department.


, Samples, when called for, shall be submitted with proposal per instructions set forth in theSpecial Terms and Conditions. Additional samples needed for a proposal to be evaluatedproperly shall be delivered within (5) working days from the time the vendor is notified by thePurchasing Department.

9. Sample items from the vendor may be retained for the purpose of determining that the qualityand workmanship of the delivered items are comparable to the sample.

10.Vendor's Non-Performance. If at any time, the vendor fails to fulfill or abide by the terms andconditions or specifications of the contract, KISD reserves the right to:

a. Purchase on the open marketb. Cancel within thirty (30) days written notification of intent and remove the vendor from

active proposal file for a period of time not less than one (1) year.c. Re-bid the service/product.d. Award to next lower responsible Proposer, if accepted by same.

11. Oil and Lubricants - Proposal prices for the product specifications shall be firm and fixed for aperiod of 30 days after award of contract. Each 30 days thereafter the vendor shall submitprices to: KISD Purchasing Department, Attn: Regina Stephenson, 5364 Franz Road, KatyTX 77493. Each product pricing shall be firm and fixed for each period in order to establish afair and competitive bidding process and shall be required in establishing a price differenceindex system.

12. Product specifications shall be documented and furnished as an attachment with the proposalform at opening time.

13.AII products bid shall be compatible with competitive products available on the open market.

14. Verification of specification compliance is required to be delivered with each delivery.Container labeling is considered verification; otherwise a statement of such verifications shallbe required, on an invoice or delivery ticket.

15. For the purposes of common definitions the following terms shall apply to any quantityreferences in this proposal and for bids received for consideration.

a. Case - 12 one (1) quart cans or bottlesb. Pail- 5 gallon or 35 poundsc. Drum - 55 gallonsd. Bulk storage Tank - 1,000 gallons

16. Container deposits, if required, shall be included in the price of materials offered to theDistrict. All containers returned shall be credited in the form of a credit memo on the nextbilling after pickup.

17. Bulk deliveries shall be unloaded at the District's storeroom or bulk container provided byvendor at each delivery point.


18.Value Added Services - Any additional costs for value added services that are above theminimum requirements should also be stated in the proposal. Additional information andpricing should be documented and attached to the proposal. All additional information aboutitems in the proposal shall be identified with the line item reference number used in thespecifications section.

19. Proposal Submittal Requirements for Disposal Service that must accompany the proposal:

a. Company name and address of the discharge, disposal or reclamation site of the wasteoil products and filters.

b. Verification that the discharge, disposal or reclamation site is in compliance withall Federal, State and Local laws, codes, rules and regulations for the properhandling of the waste intended.

c. Copies of the bidder's permit(s) for discharge, disposal or reclamation of WasteOils, in accordance with the State of Texas regulations.

d. Copies of the bidder's permit(s) for discharge, disposal or reclamation of WasteGlycols (Anti-Freeze) in accordance with the State of Texas regulations.

e. Copies of the bidder's permit(s) for discharge, disposal or reclamation of OilFilters in accordance with the State of Texas regulations.

Copies of the bidder's permit(s) for discharge, disposal or reclamation of WasteOil and similar products in accordance with the United States EnvironmentalProtection Agency.

20. Disposal of Oils, Lubricants and Oil Filters. It is the intention of KISD to salvage and disposeof used oil products, glycols and oil filters. The vendor shall, at no charge, supply suitable bulkoil containers for used oils and glycol products and open containers for the collection of usedoil filters. The awarded vendor shall remove waste oil products within forty-eight (48) hours ofnotification. The disposal of waste products and filters shall be in full compliance withapplicable Local, State and Federal Environmental Protection Agency (EPA) laws, statutes,ordinances, rules, and regulations.

21. Provide a list of three (3) Texas public agencies (preferably school districts) where work hasbeen successfully accomplished in the past five (5) years, for specific goods/services relatedto this proposal. Provide the name of the public entity and, type of project.

22.Certificate of Insurance Requirements. The contractors shall protect, defend, save harmless,and indemnify the owner, its employees, owner's architect, and the public from any claims,demands, or expense on account of any injury, alleged or real, to persons, or damage, allegedor real, to property arising out of anything done or omitted to be done under this contract by thecontractor or sub-contractor, or anyone directly or indirectly employed by either of them.Insurance shall be underwritten by a company rated not less than A+ in Best's latest publishedguide.

Amounts of policies of insurance as required shall be within limits no less than those statedhereinafter or required by law.


The Contractor shall file with the Director of Purchasing, Regina Stephenson, 5364 FranzRoad, Katy, TX 77493, Phone: 281-396-6260, Fax: 281-644-1828, Insurance Certificates, asdescribed herein, evidencing the coverage required as stated below (General Liability,Automobile Liability, Excess Liability, Workers' Compensation and Employers' Liability) andshall be supplied within ten (10) calendar days after receipt of the written "Notice of Award." Inno instance shall the Contractor begin work prior to the filing of the insurance requirements.Failure to do so shall be grounds to void the contract.

KISD shall be named as Certificate Holder on the Certificate of Insurance.

Type of Coverage Limits of Liability

A. Commercial General Liability General AggregateProducts / CompletedOperations Aggregate

$1,000,000

$2,000,000

B. Automobile Liability Combined Single Limit (CSL) $500,000

C. Workers Compensation Statutory Limits

D. Employers' Liability Each AccidentDisease (Policy Limit)Disease (Each Employee)

$100,000$500,000$1oo,ooo

E. Excess Liability Umbrella Form $5,000,000

F. Pollution Liability Each Occurrence $5,000,000

,, KISD must be named as an Additional Named Insured and subrogation against theDistrict must be waived.

,, KISD must have 3__0 days written notice of policy cancellation or change.

,, The insurance carrier must be an "A+" rated carrier. The coverage afforded by thecarrier will be primary over any other applicable insurance.

The Director of Purchasing shall be given ten (10) days notice prior to the cancellationor change of any of the required insurance coverage.

23. All proposals submitted will be evaluated on the following criteria: Evaluation of this proposalwill be performed by a committee consisting of the Purchasing and Maintenance Departmentstaff.

In determining whom to award a contract, the District will consider:(1) Purchase Price(2) Reputation of the vendor and of the vendor's goods or services.(3) Quality of the vendor's goods or services(4) Extent to which the goods or services meet the District's needs.(5) Vendor's past relationship with the District(6) 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.

:


(8)(9)(10)

If no experience with Katy ISD, then with an entity of similar size and scope.The contractor's resources available to meet the District's needs.Whether the vendor or the vendor's ultimate parent company or majority ownerhas its principal place of business in the State of Texas. The contractor'sresources available to meet the District's needs.

24. All proposals must be submitted with the following forms:Deviation FormFelony Conviction NotificationReferences and Information SheetNotification, Certification Regarding Debarment, SuspensionCertification Regarding LobbyingAcknowledgement FormCriminal History BackgroundQuestionnaire sheetProposal Form

Additional Information as desired by vendor to demonstrate product quality and service.

25. General Information1. All servicemen/technicians on District property must have proper

and in company uniform.identification

, Servicemen/technicians must check in at the front office of each campus and/or buildingto gain access to equipment. Upon completion, the serviceman must check out at thefront office, requiring service ticket to be signed by campus or building personnel.

3. Use of tobacco and alcohol are prohibited on District property.

Questions concerning this contract should be addressed to Patti Fortin at (281) 396-7581 oremail [email protected]

Payment TermsPAYMENT will be made upon receipt and acceptance by Katy ISD of item(s) ordered andreceipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act,

Chapter 2251, Government Code VTCA. As required by law, the awarded contractor isrequired to pay subcontractors within ten (10) days from the receipt of this payment.

Katy ISD has implemented an E-Payables solution. All vendors and contractors doingbusiness with Katy ISD will be offered the option of accepting payments through theDistrict's E-Payables VISA account. This payment will be transmitted electronically tothe vendor on or before the due date, and receipt of funds will be as per the terms of themerchant's VISA agreement. Payment terms, unless negotiated with the District, willremain the same.

Vendors and contractors may negotiate and the district will consider earlierpayment terms if such terms are advantageous to Katy ISD.

- END, SPECIAL CONDITIONS -


IF YOU WISH TOSUBMIT A PROPOSAL"

RETURN THEFOLLOWING PAGES

COMPLETED & SIGNED

WITH A DUPLICATECOPY OF YOUR PROPOSAL

IF YOU DO NOT WISH TOSUBMIT A PROPOSAL"

RETURN THE NOTICE OF NO SUBMISSION(Page 3)

TO REMAIN ON OUR VENDOR LIST

FORM


REFERENCESFINANCIAL STABILITY-must be demonstrated by each Bidder as well as a reliable delivery record toinclude a list of at least five (5) similar accounts that have utilized their products for a minimum of oneyear.

1.

,

,

.

,

NAME OF FIRM

NAME OF FIRM

NAME OF FIRM

NAME OF FIRM

NAME OF FIRM

REPRESENTATIVE

REPRESENTATIVE

REPRESENTATIVE

REPRESENTATIVE

REPRESENTATIVE

TELEPHONE

TELEPHONE

TELEPHONE

TELEPHONE

TELEPHONE

CONTACT INFORMATION

ORDER FROM ADDRESS:

Company Name:

Contact Person:

Address: Address:

City: City:

State: State:

Telephone: Telephone:

Fax: Fax:

Email Email

REMIT TO ADDRESS:(if different from order address)

Company Name:

Contact Person:


DEVIATION FORM

All deviations to the Specifications must be noted on this sheet. In the absence of any entryon this Deviation Form, the Vendor assures the Buyer of their full compliance with theSpecifications and Conditions. The form may be duplicated as needed.

THIS DEVIATION FORM MUST BE SIGNED BY EACH VENDOR WHETHER THEREARE DEVIATIONS LISTED OR NOT AND SUBMITTED WITH THIS PROPOSAL.

ITEM NO, PAGE NO. DEVIATION

NO DEVIATION If alternate proposed does no___tt deviate from the itemspecified, check the box.

COMPANY NAME AUTHORIZED SIGNATURE DATE

RFCP #1481- 0ils and Lubricants Including Disposal Service Page 14

Felony Conviction Notification

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states "a person orbusiness entity that enters into a contract with a school district must give advance notice to the district if the person or owner oroperator of the business entity has been convicted of a felony." The notice must include a general description of the conductresulting 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 theperson or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in theconviction. 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 for the firm named below, certify that the information concerningnotification of felony convictions has been reviewed by me and the following information

furnished is true to the best of my knowledge.

o My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

o My firm is not owned or operated by anyone who has been convicted of a felony.

0 My firm is owned or operated by the following individuals who has/have been convicted of

a felony.

Name of individual (s):

Details of conviction (s):

Name of Vendor:(please type or print)

Name of Company Official:(please type or print)

Signature of authorized agent: Date:


Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion=Lower Tier Covered Transactions

Per Title 34, Code of Federal Regulations, 80.35, "Grantees and subgrantees must not make anyaward or permit any award (subgrant or contract) at any tier to any party which is debarred orsuspended or is otherwise excluded from or ineligible for participation in Federal assistance programsunder Executive Order 12549, "Debarment and Suspension."

(Before completing certification, read the instructions below.)

Please check one choice below:

N The prospective lower tier participant certifies, by submission of this proposal, that neither itnor its principals is presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participation in this transaction by any Federaldepartment or agency.

D When the prospective lower tier participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal.

Organization Name

Name and Title of Authorized Representative

Signature Date

Instructions For Suspension/Debarment Certification Statement

. By signing and dating the certification statement, the bidder certifies that neither it norany of its principals (e.g., key employees) has been proposed for debarment, debarredor suspended by a federal agency on the date signed.

. The prospective bidder shall provide immediate written notice to the person to whichthis proposal is submitted if at any time the prospective bidder learns that its certificationwas erroneous when submitted or has become erroneous by reason of changedcircumstances.

. Federal and State penalties exist for vendors and districts that knowingly enter intocontracts with suspended/debarred persons.


CERTIFICATION REGARDING LOBBYING

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of Congress, or anemployee of a Member of Congress in connection with the awarding of any Federal loan, the enteringinto of any cooperative agreement, and the extension, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any personfor influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shallcomplete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with

its instruction.

(3) The undersigned shall require that the language of this certification be included in the awarddocuments for all sub awards at all tiers (including subcontracts, sub grants and contracts undergrants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose

accordingly.

This certification is a material representation of fact upon which reliance was placed when thiscertification is a prerequisite for making or entering into this transaction imposed by section 1352, title31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure.

Company Authorized Representative (Print)

Signature Date


ACKNOWLEDGEMENT FORM

Having carefully read the Standard Terms and Conditions and any Special Conditions listed in thisdocument, the undersigned hereby agrees to furnish all goods and services specified on the Katy ISDProposal Form at the prices and transportation costs as proposed.

By submission of this proposal, the undersigned certifies that:

a. This proposal has been independently arrived at without collusion with any other bidder orany other competitor;

b. This proposal has not been knowingly disclosed and will not be knowingly disclosed, toany other bidder, competitor or potential competitor, prior to the opening of bids, orproposals for this project;

c. No attempt has been or will be made to induce any other person, partnership orcorporation to submit or not submit a proposal;

d. The undersigned certifies that he is fully informed regarding the accuracy of the statementscontained in this certification, and the penalties herein are applicable to the bidder as wellas to any person signing in his/her behalf;

e. Vendor warrants it has no interest, and shall acquire no interest that would directly orindirectly conflict in any manner or degree with the performance of this proposal. Forviolation or breach of this warranty, Katy ISD shall have the right to annul this contractwithout liability:

f. As required by Local Government Code 176.006, the undersigned acknowledges therequirement of filing a Conflict of Interest Questionnaire if there are any facts that wouldrequire such to be filed, and acknowledges the fact that the CIQ form is available fordownload at www.katvisd.org/services/purchasing.htm, or can be obtained directly fromthe Katy ISD Purchasing Office, 5364 Franz Road, Katy, Texas 77493.

g. The undersigned certifies that to his/her knowledge no Katy ISD employee has anypersonal or beneficial interest whatsoever in this service or property described herein.

h. The undersigned acknowledges that this document, as well as any submitted documentsand any negotiations, when properly accepted by the District will be an integral part of anycontract awarded as a result of the response submitted.

Respondent acknowledges receipt of Addenda number __provisions therefore into this proposal.

through and has incorporated the

AUTHORIZED SIGNATURE PRINT NAME

TITLE DATERFCP #1481- Oils and Lubricants Including Disposal Service Page 18

Agreement with Katy Independent School DistrictRegarding Criminal History Background Searches with

Vendors/Contractors

Katy Independent School District has provided me with the information to be in compliance with the Senate Bill9 mandate in regards to required background searches for all companies working with Katy ISD as a vendor orcontractor. My signature indicates that I will comply with Senate Bill 9 by conducting background searches andhave employees fingerprinted with the DPS- Fingerprint-based Applicant Clearinghouse of Texas- FACT.

Print Name Signature

Company Name Date

Attached: Copy of Information from Texas Education Agency and State Board of Education:

Instructions to School District Contractors Regarding Criminal History Background Searches underSenate Bill 9

Senate Bill 9 directs school district contractors to obtain state and national criminal history backgroundsearches on their employees who will have direct contact with students, and to receive those results throughthe DPS criminal history clearinghouse (Fingerprint-based Applicant Clearinghouse of Texas -FACT). In orderfor contractors to receive the information through FACT, they must first establish an account with the DPS forFACT clearinghouse access. The Company owner must sign a user agreement with the DPS. To obtain theuser agreement and more information, please contact:

Access and Dissemination BureauTexas Department of Public SafetyCrime Records ServiceP. O. Box 149322Austin, Texas 78714-9322Email: [email protected]. usPhone: (512) 424-2365

For fastest service, please email or call. State in the message that you are a school district contractor andneed to have an account established for DPS FACT clearinghouse access. Please include:

Company NameCompany AddressCompany PhoneName of Company point of contactPhone of Company point of contactCompany email to be used for notification of FACT records and messages

The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the leastnumber of persons needed to review the records. The account must include at least one designatedsupervisor to make necessary changes and to monitor the site's security and the access to the criminal historydata retrieved. Additional users must be limited to those who need to request, retrieve, or evaluate dataregarding the individual applicants.

PLEASE NOTE: After you sign the DPS User Agreement for FACT, DPS will provide you with a revised FASTFingerprint Pass that you will have to provide to your employees and applicants. Your employees andapplicants will use that FAST Fingerprint Pass when scheduling their FAST fingerprinting.


RCFP #1481 - OILS AND LUBRICANTS INCLUDING DISPOSAL SERVICES

PROPOSAL FORM

ItemNo.

1.

2.

3.

4.

5.

6.

7.

,

9.

10.

tl.

Description Est. Qty Pricein Gallons Per Gal

Motor Oil C J-4 5,800 $

Motor Oil 5W20 275 $

Motor Oil 10W30 350 $

Transmission Fluid Mercon V 165 $

Transmission Oil Dexron III 770 $

Gear Oil 85W-140 165 $

Chassis Grease, Texaco Multifax 165 $EP2 or equal

Antifreeze, Ethylene Glycol, Regular 1,900 $.

Antifreeze, Dexcool, Extended Life 770 $.

Cost for Pick-Up and Disposal of 6,300 $.Waste Oil

Credit for Pick-up and Disposal ofWaste Oil

Price Per55 Gal Drum

$

$

$

$

$

$

$

12.

13 Credit for Pick-Up and Disposal of 25Oil Filters

6,300 $

Est. Qty. Price perIn Drums 55 ,qal Drum

25 $Cost for Pick-Up and Disposal ofOil Filters

$

$

$

$


Documents

KATY ISD PURCHASING DEPARTMENT...KATY ISD PURCHASING DEPARTMENT P.O. BOX 657 KATY, TX 77492-0657 RFCP #1481 - Oils and Lubricants DO NOT OPEN UNTIL: 3:00 p.m., November 6, 2013 FOR