ESBD_363517_1718648840108_24005 Food SVC Backup Generators- 2.docx

Page 2 of 50 Jacksonville ISD RFP 24005 JISD Food Svc Generators

JACKSONVILLE INDEPENDENT SCHOOL DISTRICT

800 College Ave – PO BOX 631

JACKSONVILLE, TX 75766

Request for Proposal # 24005 JISD Food Service Generators

Proposal Due Date Tuesday , July 2, 2024 2:30 p.m. Central Time

Table of Contents

INTRODUCTION

Jacksonville Independent School District (“JISD” or “District”) is interested in receiving proposals from qualified vendors to provide Food Service Equipment.

SUBMISSION OF PROPOSAL

Sealed proposals will be received as indicated below until 2:30 p.m. Central Time (CT) on Tuesday, July 2, 2024. Faxed proposals and electronic proposals via email are not acceptable.

Via UPS or FedEx or In-Person JISD Administration Office Attn: Director of Purchasing 800 College Ave.

Jacksonville, TX 75766 Via USPS JISD Administration Office Attn: Director of Purchasing PO Box 631 Jacksonville, TX 75766 One (1) hard copy and one (1) electronic copy in a .pdf format on a USB thumb drive is required for bid submission. Mark clearly on the envelope: “RFP 24005 JISD Food SVC Generators” Jacksonville Independent School District reserves the right to reject any or all proposals, to waive any technicalities, and to accept the proposal(s) that is determined to provide the best value to the School District.

ADDITIONAL INFORMATION

If you have questions regarding this material, or if you require additional information, contact the JISD Purchasing Director - Troy Parker – troy.parker@jisd.org.

TIMETABLE

This section outlines the steps in the procurement process.

EVALUATION PROCESS

Final evaluation of this bid will be based on the weighted criteria contained in Texas Education Code 44.031-(b) as allowable by TDA listed below.

1. any other relevant factor specifically listed in the request for bids or proposals.

· Ability to provide required quantities and installation in most timely manner

OBJECTIVE/SCOPE OF WORK

The awarded Proposer will be responsible for delivering and installing commercial generators and related components at multiple campuses across the district. All pricing will include furnishing, delivery, unpacking, set up of all items in the correct locations, and making all necessary connections to make the equipment useable for its intended purpose.

The Proposer will furnish all materials, labor, equipment, and superintendence necessary. This is a turn-key project. Proposal prices shall include all handling, re-packing, assembly, inspections, and placement in fully operable condition along with any specified additions listed in the proposal.

All utilities which include gas, water electric, and drain will be provided by the district within five feet of the appliances or noted otherwise in the specification. All installations must meet or exceed city/state code requirements. The district prefers all copper water lines and drains. Steel-braided flex lines are acceptable for short connections to appliances. PVC is acceptable for drains. No PEX lines are acceptable.

WARRANTY - Please provide a description of all applicable warranties.

GENERAL REQUIREMENTS

The below requirements are the minimum to be applicable. Additional services are amendable and acceptable by JISD. For the purpose of this solicitation items that are brand-labeled, or which may contain proprietary information are to be considered 'or equal’. Brand name and proprietary information will not affect award selection. JISD shall determine an award based on the most responsible and responsive proposals.

GENERATOR SPECIFICATIONS ( or equivalent ) JACKSONVILLE HIGH SCHOOL (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines NO REQUIRED FENCING AROUND GENERATOR at High School

JACKSONVILLE MIDDLE SCHL (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines

REQUIRED FENCING AROUND GENERATOR: Install: 14’ of 6’ Tall Galvanized Chain Link Fence Including: (1) 10’ Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post 1-5/8” OD- Schedule 40 Galvanized Steel Top Rail

(4) Plates NICHOLS INTERMEDIATE (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines Required Concrete Slab- 4x8 ft 4 in thick REQUIRED FENCING AROUND GENERATOR: Install: 14’ of 6’ Tall Galvanized Chain Link Fence Including: (1) 10’ Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post 1-5/8” OD- Schedule 40 Galvanized Steel Top Rail

EAST SIDE ELEMENTARY (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines REQUIRED FENCING AROUND GENERATOR: Install: (1) 15’1/2” Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post

(2) Plates

FRED DOUGLASS ELEMENTARY (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines REQUIRED FENCING AROUND GENERATOR: Install: (1) 9’ 2-1/2” Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post

(2) Plates

WEST SIDE ELEMENTARY (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines REQUIRED FENCING AROUND GENERATOR: Install: (1) 15’1/2” Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post

(2) Plates

JOE WRIGHT ELEMENTARY (KOHLER 30RCLA-QS2 or CUMMINS RS30-A051Y402 or Equivalent) 30KW 120/208 Volt 3 Phase – Natural Gas Powered Generator Required 200 AMP Automatic Transfer Switch Required 3 Phase 208 Volt Breaker Panel Gas pipe connections must be black iron pipe for natural gas use JISD will prepare taps 1 ¼” at the end of existing gas lines REQUIRED FENCING AROUND GENERATOR: Install: 14’ of 6’ Tall Galvanized Chain Link Fence Including: (1) 10’ Double Gate Using: 6’ Tall 9 Gauge Galvanized Chain Link Fabric w/2” Mesh 2-7/8” OD-Schedule 40 Galvanized Steel Terminal Post 1-5/8” OD- Schedule 40 Galvanized Steel Top Rail

(4) Plates

FACILITY LISTING

ELEMENTARY CAMPUSES

INTERMEDIATE CAMPUSES

DISCIPLINARY CAMPUSES

MIDDLE SCHOOL CAMPUSES

HIGH SCHOOL CAMPUSES

DEPARTMENTS

RESPONSE SUBMITTAL

REQUIRED FORMS

· Pricing Response Forms – Page 8

· Proposal Response Form – Page 10

· Questionnaire – Page 11

· References – Page 12

· General Terms & Conditions – Pages 13-21

· Conflict of Interest Questionnaire – Page 22-23

· Certification of No-Boycott of Israel Form – Page 24

· Certification Regarding Terrorist Organizations – Page 25

· Iran Contracting – Page 26

· Felony Conviction Notification – Page 27

· Criminal History Record Information/Certification for Contract Employees – Page 28

· Debarment or Suspension Certification Form – Page 29

· Non-Collusion Certificate – Page 30

· Certification Regarding Firearm Entities and Trade Associations Discrimination – Page 31

· E-Verify Program Form – Page 32

· Certification Regarding Energy Company Boycotts – Page 33

· Civil Rights/Discrimination – Page 34

· Intangible Property – Page 34

· Compliance with Anti-Trust Laws – Page 34-35

· Prohibited Employment Assistance – Page 35

· Disclosure of Interested Parties – Page 35

· Compliance with Texas Family Code Provision – Pages 35-36

· IRS Form W9 – Request for Taxpayer Identification Number and Certification – Page 37

· HB 1295 Texas Ethics Requirements – Page 43 (Required if Contract is over $1,000,000)

· EDGAR Certifications – Pages 44-50

PRICING RESPONSE FORM

Vendor Name ___________________________________________________________ Jacksonville High School

Jacksonville Middle School

Nichols Intermediate

East Side Elementary

Bid Price for gas piping, switches, breaker panel, permits, freight, all additional materials and all installation

Fred Douglass Elementary

Bid Price for gas piping, switches, breaker panel, permits, freight, all additional materials and all installation

West Side Elementary

Bid Base Price for Generator

Joe Wright Elementary

*** A pre-bid walk-through is highly recommended to ensure complete knowledge of project requirements *** *Pricing per unit good for 6 month period with mutual consent between vendor and Jacksonville ISD.

** Estimated date of completion________________ TOTAL BID $_________________________________ List any deviations from District specifications or alternative proposals for consideration below. Attach additional pages as necessary.

PROPOSAL RESPONSE FORM Jacksonville Independent School District 800 College Ave, Jacksonville, TX 75766 I / We propose to provide the services and supplies described within the Request for Proposal (RFP) and, if awarded the proposal, do agree to abide by all terms and conditions of the RFP.

I / We represent that we possess the expertise, qualified personnel, facilities, equipment, licenses, and permits necessary to properly and lawfully provide the services and supplies described herein.

I / We affirm that the proposer, the company, or any representative thereof, has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to any District employee or Board members (nor any member of a District employee's or Board member’s family) in connection with a purchase or with this proposal.

I / We affirm that I am/we are duly authorized to execute this proposal, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal.

The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained on this proposal, and that the penalties herein are applicable to the proposer as well as to any person signing in his/her behalf.

Pursuant to and in compliance with the project specifications and bidding requirements relating to the above referenced project, the undersigned hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the project specifications.

Authorized Company Representative Name (Printed)

QUESTIONNAIRE

Respondents are required to submit a complete response to each of the below listed items. Responses requiring additional space should be brief and submitted as an attachment to the Respondent’s Questionnaire.

1. Legal name of the company: _________________________________________________________ Authorized point of contact for the company:

Address of office that would be providing service:

2. How many years has your organization been in business under its present name? _______________

3. Under what other or former name(s) has your organization operated?

4. Has your organization ever failed to complete any work awarded to it? Yes________ No ________ If “Yes”, please explain: _______________________________________________________________

5. Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? Yes________ No ________ If ”Yes”, please explain: ______________________________________________________________

6. Do you currently hold any School District contracts: Yes________ No _______?

If “Yes”, please indicate the name(s) of each school district below:

7. Do you have a net 30-day payment terms? Yes _______ No _______ If “No”, please explain: ___________________________________________________________

8. Vendor’s Accounting Contact Name ____________________________________________________ Phone ______________________________ Email _____________________________________

The undersigned swears to the truth and accuracy of all statements and answers contained herein:

Company Name Signature of Authorized Representative

Printed Name & Title of Company Representative Date

REFERENCES

List below three (3) institutions/companies for which you have provided similar services for in the past 12 months. Be sure to furnish current contact information for individuals that were involved with the projects.

1.

Institution/Company Name

Street Address

City/State/Zip

Contact

Telephone Number

Email Address

2.

Institution/Company Name

Street Address

City/State/Zip

Contact

Telephone Number

Email Address

3.

Institution/Company Name

Street Address

City/State/Zip

Contact

Telephone Number

Email Address

GENERAL TERMS AND CONDITIONS

1. INDEPENDENT CONTRACTOR - Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Jacksonville Independent School District (“Owner” or “School District”). Contractor shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants.

2. ASSIGNMENT - The Contractor shall not sell, assign, transfer or convey any interest in this contract in whole or in part without the prior written consent of the Owner. No assignment, transfer or conveyance under this contract will be effective without the prior written consent of the Owner.

3. CONFLICT OF INTEREST – The Contractor covenants and agrees that Contractor and its officers, employees, and agents will have no interest, including personal financial interest, and will acquire no interest, either directly or indirectly, which will conflict in any manner with the performance of the services called for under this contract. No officer or employee of the Owner shall have a financial interest, direct or indirect, in any contract with the Owner, or be financially interested, directly or indirectly, in the sale to the Owner of any land, materials, supplies or services, except on behalf of the Owner or in compliance with the provisions of the Owner’s Board Policy Manual. Any violation of this provision shall render this contract voidable at the discretion of the Owner.

4. SEVERABILITY - In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract, and this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

5. MODIFICATIONS - This contract can be modified only by written agreement of the parties.

6. REMEDIES - No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this contract may be waived without consent of the parties. Forbearance or indulgence by any party shall not constitute a waiver of any covenant or condition to be performed pursuant to this contract.

7. FUNDING – Contractor recognizes that the continuation of any contract after the close of any given fiscal year of the Owner, which fiscal year ends on August 31 of each year, shall be subject to School Board budget approval. Should funding not be approved by the School Board for any given budget year during the contract term, the contract will terminate and become null and void.

8. CONTRACTOR TO PACKAGE GOODS - Contractor will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Contractor's name and address: (b) Owner's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Contractor shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. School District's count or weight shall be final and conclusive on shipments not accompanied by packing list.

9. PLACE OF DELIVERY - The place of delivery shall be to one of the JISD warehouse locations as determined by the Jacksonville ISD Food Service Director.

10. TITLE AND RISK OF LOSS - The title and risk of loss of goods shall not pass to the Owner until the Owner actually receives and takes possession of the goods at the point(s) of delivery, after inspection and acceptance of goods.

11. FORCE MAJEURE – Neither party shall be liable for delay in delivery or performance when such delay is due to factors beyond its control, including but not limited to, explosions, governmental regulations, court orders or decrees, or acts of nature such as flood, wind, earthquake, tornado or hurricane. If the Contractor is unable to perform any of its obligations as a result of force majeure, Contractor shall immediately give written notice to the School District’s Purchasing Department of the date of inception of the force majeure condition and the extent to which it will affect performance.

12. RIGHT OF INSPECTION – Owner shall have the right to inspect the goods upon delivery before accepting them. Contractor shall be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications.

13. RIGHT TO AUDIT - Contractor agrees that the Owner shall, until the expiration of seven (7) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the Owner shall have access, during normal working hours, to all necessary Contractor facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. The Owner shall give Contractor reasonable advance notice of intended audits.

14. PRODUCT GUARANTEE – Contractor guarantees equipment or product offered will meet or exceed specifications identified in this Request for Proposal. The Contractor shall, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the Owner. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the Contractor shall, upon written request from the Owner, promptly remove such equipment or product without any further expense to the Owner.

15. PATENT RIGHTS: The Contractor agrees to protect and indemnify the Owner from any claim involving any intellectual property infringement on goods and/or services supplied.

16. PRICE WARRANTY - The price to be paid by the Owner shall be that contained in Contractor's proposal, which Contractor warrants to be no higher than Contractor's current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under like conditions and methods of purchase. In the event Contractor breaches this warranty, the prices of the items shall be reduced to Contractor's current prices on orders by others, or in the alternative upon Owner’s option, Owner shall have the right to cancel this contract without liability to Contractor for breach or for Contractor's actual expense.

17. NEW MATERIALS - Except as to any supplies or components which the specifications provide need not be new, all supplies and components to be provided under this contract shall be new (not used or reconditioned, and not of such age or so deteriorated as to impair their usefulness or safety), of current production, and of the most suitable grade for the purpose intended.

18. SILENCE OF SPECIFICATION - The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

19. INDEMNIFICATION – CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS THE OWNER, ITS OFFICIALS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES, WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ANY ERROR, OMISSION, OR NEGLIGENT ACT OF THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, OR OTHER PERSONS FOR WHOM THE CONTRACTOR IS LEGALLY LIABLE, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT ITS OWN COST AND EXPENSE DEFEND AND PROTECT THE OWNER AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.

20. NON-DISCRIMINATION - Contractor will take action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion, transfer, working conditions, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training opportunities, including apprenticeship.

21. DISABILITY - In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold the school district harmless against any claims or allegations asserted by third parties or subcontractors against school district arising out of contractor's and/or its subcontractor’s alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this contract.

22. DRUG POLICY - All Owner property and facilities are “drug-free” zones. No one may use, consume, carry, transport, or exchange tobacco, cigarettes, or illegal drugs while in an Owner building or while on Owner property. The Contractor and its employees shall adhere to this policy.

23. TERMINATION FOR DEFAULT – Owner reserves the right to terminate the contract without prior notice in the event the Contractor defaults or breaches any of the terms and conditions of this contract, or otherwise fails to perform in accordance with the specifications. In the event of termination, the Owner reserves the right to complete the work or services in any manner it deems desirable, including engaging the services of other parties therefore and/or awarding the contract to the next proposer providing the best value to the Owner. Any such act by the Owner shall not be deemed a waiver of any other right or remedy. If after exercising any such remedy, the cost to Owner of the performance of the balance of the work or services is in excess of that part of the contract sum, which has not therefore been paid to the Contractor hereunder, Contractor shall be liable for and shall reimburse the Owner for such excess.

24. TERMINATION WITHOUT CAUSE – Owner shall have the right to terminate the contract, in whole or in part, without cause at any time upon thirty (30) days prior written notice to the Contractor. Upon receipt of a notice of termination, the Contractor shall promptly cease placing orders and all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. Owner shall pay the Contractor, to the extent funds are appropriated or otherwise legally available for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof.

25. NO THIRD-PARTY BENEFICIARY – For purposes of this contract, including its intended operation and effect, the parties to this contract specifically agree and contract that: (1) the agreement only affects matters/disputes between the parties to this contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entity may be in a contractual relationship with the Owner or Contractor or both; and (2) the terms of this contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either the Owner or Contractor.

26. INSURANCE – The Contractor shall purchase and maintain insurance from a company lawfully authorized to do business in the jurisdiction in which the projects are located. The insurance company shall be fiscally sound with at least an AM Best rating of A-. The contractor shall provide a certificate of insurance with their proposal. The contractor shall provide a copy of the insurance certificate naming Jacksonville Independent School District as an additional insured before work begins on the Owners premises. At a minimum, the insurance certificate shall include the following coverage:

Workmen’s Compensation:

(Including Waiver of Subrogation Endorsement) All liability arising out of Contractor’s employment of workers and anyone for whom Contractor shall be liable for Worker’s Compensation claims. Worker’s Compensation is required and no "alternative" form of insurance shall be permitted.

Commercial General Liability:

Personal & Advertising Injury Products and Completed Operations

$1,000,000.00 each person $1,000,000.00 (for one (1) year, commencing with issuance of final Certificate for Payment)

$2,000,000.00 aggregate

Automobile Liability:

Property Damage

Umbrella or Excess Liability $1,000,000.00 each occurrence

$5,000,000.00 each occurrence/aggregate

The insurance requirements as listed above also applies to any sub-contractor(s) in the event that any that any work is sublet. The contractor is responsible to insure that the sub-contractor(s) meets the minimum insurance requirement limits as by law.

1) Should any of the above described policies be cancelled before the expiration date, therefore the issuing company will mail thirty (30) days written notice to the certificate holder, Jacksonville ISD.

2) The contractor shall agree to waive all right of subrogation against the District, its officials, employees and volunteers for losses arising from work performed by contractor for the District.

3) The contractor shall hold the District harmless from and indemnify it against all liability, including attorney's fees, which may arise from and accrue directly from the performance of the work or any obligation of Contractor or failure of Contractor to perform any work or obligation provided for in this Agreement.

27. PAYMENT BOND - For facilities construction and some services contracts, a payment bond is required for projects/contracts exceeding $25,000. The payment bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to the Owner and must identify compliance with the provisions of Texas Government Code, Chapter 2253 and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. All bonds shall be issued by a surety company licensed, listed and authorized to issue bonds in the State of Texas by the Texas Department of Insurance. The surety company may be required by JISD to have a rating of not less than "B" in the latest edition of Best’s Insurance Reports, Property-Casualty. The surety shall be a US company located in the USA. If a contract is awarded under $25,000, but subsequent change orders cause the price to exceed $25,000, a payment bond will be required immediately.

28. PERFORMANCE BOND - For facilities construction and some service contracts, a performance bond is required for projects/contracts exceeding $100,000. The performance bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to the Owner and must identify compliance with the provisions of Texas Government Code, Chapter 2253 and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. All bonds shall be issued by a surety company licensed, listed and authorized to issue bonds in the State of Texas by the Texas Department of Insurance. The surety company may be required by JISD to have a rating of not less than "B" in the latest edition of Best’s Insurance Reports, Property-Casualty. The surety shall be a US company located in the USA. If a contract is awarded for under $100,000, but subsequent change orders cause the price to exceed $100,000, a payment bond will be required immediately.

29. NOTIFICATION OF FELONY - The person or entity submitting a proposal must give notice to the School District, at the time of submission of the proposal, 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 this conviction of a felony (this requirement does not apply to a publicly held corporation). See enclosed form, Felony Conviction Notification.

30. CRIMINAL HISTORY/FINGERPRINTING REQUIREMENT - If a Contractor or ANY OF THE Contractor’s employees, subcontractors, or agents will be on a school site where direct contact with students may occur, the Contractor shall send to the Department of Public Safety information that is required to obtain national criminal history records on such individuals. This may include fingerprints and a photograph. See enclosed form, Criminal History Records Information, Certification for Contractor Employees. Contractor may not allow an individual to provide services at an instructional facility if the individual, during the preceding 30 years, was convicted of any of the following offenses:

a. A felony offense under Title 5, Texas Penal Code

b. An offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure

c. An offense under the laws of another state or federal law that is equivalent to an offense under (a.) and (b.) above Questions regarding compliance with fingerprinting requirements should be directed to Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us. Emails must identify you as a contractor/vendor to a Texas Independent School District. The Texas Department of Public Safety’s telephone number is (512) 424-2474.

31. GOVERNING LAW AND VENUE: Contractor agrees that this solicitation and any contract that may result thereof will be governed by and construed in accordance with the laws of the State of Texas without regard to conflict to law principles. Contractor agrees that the exclusive venue of any dispute or legal proceeding relating to this solicitation or any related written contract awarded will be in Cherokee County, Texas.

32. CONTRACT MONITORING: All pricing provided in the proposal should include a specific deliverable or a set of deliverables that demonstrate successful completion of activities. All activities must have documentation to support their completion. JISD reserves the right to reject goods or services which do not address the deliverables stated in the contract and do not meet JISD quality review. Monitoring may include, but is not limited, to reviewing invoices to ensure the receipt and acceptance of goods and services per contract requirements and monitoring contracts for certain administrative reporting activities stated in the contract terms and conditions or in any special provisions. These include contractor reporting of any litigation, lobbyist activities, changes in ownership or financial status, and key changes on personnel, and monitoring agency compliance with statutes, rules, and regulations governing state agency contract and procurement activities. JISD expects the contractor to be responsive to requests for documentation for purposes of monitoring.

33. NOGA: All contracts, agreements, and lease purchases that are to be paid with federal awards for each participating party shall strictly adhere to the regulations set forth in the Financial Accountability System Resource Guide (FASRG) of TEA, and the Education Department General Administrative Regulations (EDGAR) of the U.S. Department of Education. These requirements include, but are not limited to, (see Code of Federal Regulations [CFR Appendix II Part 200]):

a. Contract is effective upon receipt by the Member of the Notice of Grant Award (NOGA)

b. Award must maintain an award status for the duration of the grant period of availability.

c. All services must be completed in the duration of the grant period of availability.

d. Services must be invoiced monthly after services are received.

34. PERFORMANCE DEFICIENCY: Continuing non-performance of the award vendor in terms of specifications shall be a basis for the termination of award vendor status. Cancellation by JISD may be made upon thirty (30) calendar days’ written notice to the awarded vendor. The district shall not pay for work, equipment, or supplies which are unsatisfactory. Vendor shall be given a reasonable opportunity (30 calendar days) before termination, to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance. District does not approve individual member purchasing contracts but requests a Vendor Performance Deficiency completed by members as needed to provide oversight in awards.

35. SUBCONTRACTORS: Respondent may not subcontract any or all the work and/or obligations due under the contract without prior written approval of JISD. Subcontracts, if any, entered by the respondent shall be in writing and be subject to the requirements of the contract. Should respondent subcontract any of the services required in the contract, respondent expressly understands and acknowledges that in entering such subcontract(s), JISD is in no manner liable to any subcontractor(s) of respondent. In no event shall this provision relieve respondent of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the contract

36. TAX LIABILITY: Purchases made by JISD are exempt from the State Sales Tax and Federal Excise Tax. JISD will furnish Tax Exemption Certificates to vendor prior to purchase as requested by vendor. Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of vendor or its employees. JISD shall not be liable for any taxes resulting from the contract.

37. CHANGE IN LAW: Any alterations, additions, or deletions to the terms of the contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

38. CONTRACTOR LIMITATION OF AUTHORITY: Respondent shall have no authority to act for or on behalf of JISD, except as expressly provided for in the contract. No other authority, power or use is granted or implied. Respondent may not incur any debt, obligation, expense or liability of any kind on behalf of JISD.

39. INSPECTION AND TESTING: Upon completion of installation, JISD is allowed an additional 10 business days to fully inspect and test all equipment to ensure no defects exist before issuing payment.

40. PROTEST PROCEDURES

A. Protest of a Solicitation

a. Formal solicitations will instruct vendors to submit a notice of protest, in writing, to the Purchasing Buyer responsible for the solicitation.

b. The Purchasing Buyer will send the protest to the Director of Purchasing and to the Director of Child Nutrition. The Director of Child Nutrition will notify TDA that a protest has been received.

c. If the protest is deemed reasonable, the Director of Purchasing will communicate with the vendor to resolve the issue.

d. If the protest is not deemed reasonable or the vendor does not agree to the resolution proposed by the Director of Purchasing, the protest will be forwarded to the Chief Financial Officer for resolution and communication with the vendor.

B. Protest of an Award If a vendor believes it has been aggrieved by the outcome of an award, the Director of Purchasing will ask to schedule a meeting with the vendor to ensure the vendor understands what transpired with the award.

41. ENTIRE AGREEMENT – This contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements, between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties.

ADDITIONAL TERMS AND CONDITIONS

1. Any instance in which the General Terms and Conditions and the Specifications for this proposal do not agree; then the terms in the Specifications shall take precedence.

2. No employee or officer of the School District shall have a direct financial interest in any contract with the School District nor shall any employee or officer have a financial interest in the sale to the School District of land, equipment, supplies, materials, or service. Any violation of this policy will render the contract void, unless such contract is approved by the JISD Board of Trustees after full disclosure. Therefore, Proposer shall note any and all relationships that might be conflict of interest and include Form CIQ with the proposal.

3. Mail invoices to: Jacksonville ISD, Accounts Payable, PO Box 631, Jacksonville, TX 75766-0631. All payments shall be governed by Texas Government Code Chapter 2251. The vendor who is awarded this contract will not begin the project until the School District has issued an award notification and JISD purchase order.

4. The School District shall have the right to cancel this contract for any reason, at any time, with 30 days written notice to the vendor/contractor.

5. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.

6. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the agreement. Acceptance or satisfaction in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement, even though the accepting party has knowledge of the performance and opportunity for objection.

7. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code will control.

8. The Vendor/Contractor shall protect, defend, hold harmless, and indemnify the district, its employees, officers and the public from any claims, demands, or expense on account of injury or property damage arising out of anything done or omitted to be done under this contract by the contractor, subcontractor, or anyone directly or indirectly employed by either of them.

9. Proposals will represent a true and correct statement and shall contain no cause for claim of omission or error. No proposal can be altered or amended after opening time.

10. A proposal may be withdrawn only upon request by the proposer or a duly authorized representative, provided such request is received by the School District at the place designated for receipt of proposal and prior to the time fixed for the opening of proposals.

11. It shall be the contractor’s responsibility to make sure that all products and materials used or delivered comply with all applicable federal, state, and local laws, codes, and regulations. Contractor warrants that all products sold to the School District shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970.

12. All contracts and agreements between contractor and the School District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Both parties agree that venue for any litigation or disputes arising from this contract shall lie in Cherokee County, Texas. All contracts and agreements will adhere to Texas Education Code regarding school district contracts and shall be governed by the laws of the State of Texas and the Uniform Commercial Code.

13. During the term of this contract, the contractor shall carry and pay the premium for insurance of the types and limits stated herein.

14. REQUIRED WORKERS' COMPENSATION COVERAGES

28 TAC 110.110(C) (7), ADOPTED TO IMPLEMENT TEXAS LABOR CODE 406.096

From: Jacksonville ISD Board Policy CV(Legal) DATE ISSUED: 06/24/2022 UPDATE 119

A district that enters into a building or construction contract shall require the contractor to certify in writing that the contractor provides workers’ compensation insurance coverage for each employee of the contractor employed on the public project.