request for sealed bid kc- 205861 serving lines at thomas ...€¦ · schools: thomas jefferson...

REQUEST FOR SEALED BID KC- 205861 Serving Lines at Thomas Jefferson, Trini Garza, and Woodrow Wilson High Schools

Please Bid the Following No Later Than 2:00 PM CT – Thursday, June 25, 2020

DALLAS INDEPENDENT SCHOOL DISTRICT Food & Child Nutrition Services is accepting bids for commercial cafeteria equipment to be delivered and installed at three different high schools: Thomas Jefferson High School (located at the Thomas Edison Learning Center), Trini Garza High School, and Woodrow Wilson High School. Pricing must include both the cost of the equipment and the price of the turnkey installation. All pricing will remain firm for the period of one year and include furnishing, uncrating, and inspecting.

SCOPE OF WORK The purpose of this request for bid (RFB) is to establish and qualify food service equipment installers of commercial cafeteria serving lines and commercial cafeteria equipment used in warehousing and production facilities for use by the Dallas Independent School District (Dallas ISD) Food Services department. In addition to line item pricing, we are requesting that the responder provide catalog discounts for equipment and turnkey installation, qualifications, references and a list of manufacturer brands provided by the installer on the catalog pricing sheet, as provided in the Proposal submittal format. Each project will be quoted and a detailed breakdown of equipment and installation cost will be provided by the award vendor(s).

DURATION OF SERVICES A one (1) year agreement with two (2) one-year renewal options. The current projected implementation date is November 1, 2020 (subject to change). The Board, through its Purchasing Department will, if considering renewing, request a letter of intent to renew from the awarded vendor prior to the end of the current contract period. The Awarded vendor will be notified when the recommendation has been acted upon by Dallas ISD. The Proposer agrees to this condition by signing its Proposal.

PRICING Offerors must submit pricing on the included itemized files, found within each lot’s section of this document (pages 19 – 24, 31 – 41, and 44 – 47). Pricing is to remain firm for the duration of the bid period. All pricing to include shipping, inside the building delivery, set-in-place installation, and connections to electrical, lighting, and plumbing.

DRAWINGS Drawings for each project may be found online at www.dallasisd.org. Locate the heading “Departments”. Select “Procurement Services”. Click on “Supplier Opportunities” and select “KC- 205861.”

Return Bids To: Dallas ISD Procurement Services, 9400 N Central Expressway, Suite 1510, Dallas TX 75231 The Undersigned agrees that this bid is an offer to sell items (goods) or provide services listed here on or attached in accordance with the terms and conditions listed here in this bid document.

Company’s Name _____________________________________________________________________________

Authorized Signature ______________________ Print Name & Title _____________________________________

Address _______________________________________ City State Zip ___________________________________

Phone Number ____________________ Email Address _______________________________________________

THESE PAGES MUST BE COMPLETED AND RETURNED WITH RFB RESPONSE

AWARD The bid will be awarded based on the lowest combined price of items marked “Award Lot” that meets our minimum specifications and quality needs with the best value as determined by Food and Child Nutrition Services. All items in the lot must be bid to be considered a complete lot. Items must meet specifications as listed on the bid sheets.

There are Three Lots for award on this bid: • Lot “Thomas Jefferson” will be awarded on an all-or-nothing basis.• Lot “Trini Garza” will be awarded on an all-or-nothing basis.• Lot “Woodrow Wilson” will be awarded on an all-or-nothing basis.

The District reserves the right to award each lot (Thomas Jefferson & Trini Garza & Woodrow Wilson) to the provider that offers the best value to the District. The District reserves the right to award all lots to one provider if deemed the best value to the District.

In the event the primary bidder is unable to fulfill any conditions of the contract (pick-up/delivery date, availability of specified parts, etc.), Dallas ISD may elect to utilize the next lowest bidder. Bidders must bid on all items to be considered.

The District will award based on Best Value, price and other factors considered. Low bid will not be the only consideration for award of any line item. Other factors considered may include but are not limited to the following:

• Purchase price• Reputation of the vendor and of the vendor's goods or services• Quality of the vendor's goods or services• Extent to which the goods or services meet the District's needs• Vendor's past relationship with the District• Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses• Total long-term cost to the district to acquire the vendor's goods or services• Whether the vendor or the vendor's ultimate parent company or majority owner has its principal place of business in this state;

or employs at least 500 persons in this state• Any other relevant factor specifically listed in the request for bids or proposals.

The District reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to the best served interest of the District as determined by the District. The District reserves the right not to purchase any item or any award line item on this price agreement.

The successful Offerer will be required to execute an agreement in conjunction with this process after the Board of Trustees has taken action and prior to work commencing.

Products manufactured in the United States are preferred. All catalog discounts are to include all electrical, lighting, and plumbing connections. At the option of the Board of Trustees, one or more vendors will be awarded on the basis of the best qualified bid or proposal, including full consideration of unit prices, alternates, time of completion, minority participation, and other selection criteria as listed in the Agreement Documents. Dallas ISD encourages bidders to bid and supply American Manufactured Products. Dallas ISD may accept any technical support, training, promotional items pertaining to your product. Final bid award will be based on product quality.

CATALOG DISCOUNT PROGRAM A catalog discount line has been added to the bid for items not specified or newly developed items identified by Food Services. Please provide a percent discount from your catalog price for products your company provides. The discount does not have to be the same for all items; you may write in “Varies” if applicable. This will allow the Food and Child Nutrition Services to purchase any unforeseen items that may be necessary in the future. Please provide a current catalog or pricing sheet of serving lines equipment provided your company with your response.

Catalog Discounts are expected to remain firm for the duration of the bid period. All pricing to include shipping, inside the building delivery, set-in-place installation, and connections to electrical, lighting, and plumbing.

The catalog discount program will used to establish discounts off list price for cafeteria serving lines and commercial cafeteria equipment drop shipments. Purchase of cafeteria equipment will be quoted with pricing to include shipping. Bidder must provide a percentage (%) discount off list. All catalog discounts for equipment and installation will remain firm for the entire bid period. The District reserves the right to reject any bidder who fails to submit a Catalog % Discount. Failure to provide a catalog discounts for projects may result in your response being deemed non-compliant and will not be considered.

QUESTIONS The last day to submit final questions is Monday, June 15, 2020 at 12:00 PM CT. All questions must be submitted in writing and may be emailed to [email protected]. The Buyer assigned to administer this procurement process is Kelly Carey. All questions will be answered by Food Services Department. Questions received by the date and time specified and corresponding answers will be sent by email notification once answered by the user department. It is the responsibility of the Proposer(s) to check email notification sent for answers to questions they submit. Answers to questions will be issued by addendums, which will be sent out via e-mail and posted on the District website. Requests for verbal or telephone clarification will be declined and will be non-binding. Contact between the proposers and the user departments (Food Services) during the RFB process or evaluation process is prohibited. Any attempt by a proposer to contact the departments could result in disqualification.

NO CONTACT Dallas ISD Board Policies CHE (Local) and CAA (Regulation) forbid Offerors from contacting Board members individually at any time during the procurement process or during the performance of any contract. Contact between the proposers and the user departments (Food Services) during the RFB process or evaluation process is prohibited. Any attempt by a proposer to contact the departments could result in disqualification.

BID DOCUMENT PACKAGE Bidders are required to submit One (1) Signed Original, Three (3) Copies, and Two (2) Flash Drives of their entire bid, including all required compliance forms, item pricing file, and signed and completed M/WBE documents. Sealed bids shall be delivered to: Dallas ISD Procurement Services, 9400 North Central Expressway, Suite 1510, Dallas TX 75231. All bids are due at the date and time specified. Late bids will not be considered under any circumstances. Late offers include delivery after specified time and hour, irrespective of the delivery method, location and carrier or otherwise. Bidder is solely responsible for the bid being delivered and time stamped in the Procurement Services Office as specified.

ADDENDA Any addenda issued prior to the bid time or time for receiving proposals shall be acknowledged in the proposal or bid. All addenda will become a part of the Contract.

EQUIPMENT Equipment specifications and drawings have been prepared and attached to this bid document. The District will consider like or equal products as long as they fit in the designated space available for each piece of equipment.

Bids shall be considered irregular if they show any omissions, alterations of form, additions or conditions not called for, or irregularities of any kind. However, the District reserves the right to waive any irregularities and to make the award in the best interest of the District. In case of ambiguity or lack of clearness in stating prices in the proposal, the District reserves the right to adopt the prices written in words.

Manufacturer's names and model numbers are for establishing standards of quality, size, and finish required, representing Owner's preference and basis of bid. Equipment is listed hereinafter with same item numbers as shown on the Contract Drawings.

WARRANTY PRICE The price to be paid shall be included in the Offeror's proposal. The Offeror warrants the price to be no higher than the Offeror's current prices on orders or services to others for: (1) products of the kind and specifications covered by this RFB, and (2) similar quantities under similar or like conditions and methods of purchase. In the event Offeror breaches this warranty, the prices of the items shall be reduced to the Offeror's current prices on orders to others, or in the alternative, Dallas ISD may cancel this RFB without liability to Offeror for breach.

mailto:[email protected]

ESTIMATED PROPOSAL TIMELINE

REJECTION OF BIDS The District reserves the right to reject any or all bids or proposals and all bids or proposals submitted are subject to this reservation. The following are items considered by the District to be irregularities in a bid or proposal. This list is for example only and is not to be considered a limitation of the District's right to reject any or all bids and proposals.

• Bids or Proposals received after the time limit for receiving proposals as stated in the "Advertisement for Bids".• Bids or Proposals containing any irregularities.• Unbalanced value of any items.• Failure to submit required information submittals.• Failure to submit required documents or certifications.

DISQUALIFICATION OF BIDDERS OR RESPONDENTS: Bidders or Respondents may be disqualified and their bids or proposals not considered for any of the following reasons:

• Reason for believing collusion exists among bidders or respondents.• Reasonable grounds for believing that any bidder or respondent has interest in more than one proposal or bid wherein there may a

conflict of interest.• The bidder or respondent being interested in any litigation against the Board.• The bidder or respondent being in arrears on any existing Contract or having defaulted on a previous Contract.• Failure to demonstrate competency as revealed by any required financial statement, experience and equipment questionnaire, and

omission of required proposal submittals, etc.• Failure to demonstrate financial ability to fund the project on an interim basis as revealed by the financial statement, bank

references, etc.• Current or uncompleted work which, in the judgment of the District, will prevent or hinder the timely completion of additional

work, if awarded.• Other information or circumstances which establish reasonable grounds for belief that the bidder or respondent is not a "responsible

bidder" or "responsible respondent."

PROOF OF QUALITY AND/OR ADHERENCE TO SPECIFICATIONS If the product deviates from specifications or it is found to be inferior or is not the original product bid, the vendor will be given notice to pick up the product and issue credit to Dallas ISD. Dallas ISD reserves the right to terminate the contract for said product and award the bid to the next lowest bidder.

Stage Date

Issue RFB Wednesday, May 20, 2020

Advertising Dates Wednesday, May 20, 2020 Wednesday, May 27, 2020

Questions Deadline Monday, June 15, 2020

Questions Response Wednesday, June 17, 2020

RFB Due Thursday, June 25, 2020

DALLAS ISD CLOSED FOR SUMMER BREAK JUNE 29 – JULY 3

Evaluation and Selection Thursday July 9, 2020

Approval/Award Thursday August 27, 2020

Please Bid the Following No Later Than 2:00 PM CT – Thursday, June 25, 2020

The following information must be submitted at bid opening. Otherwise your bid document may be deemed Non-Compliant. A complete bid packet includes One (1) Signed Original, Three (3) Copies, and Two (2) Flash Drives of the following. Sign and return all information required in this bid. Failure to follow directions using the outline below or not using the forms attached may result in the Offeror’s Offer being disqualified or not considered for further evaluation.

Company Information Representation and Certification (including CIQ) Form CIQ * Family Conflict of Interest Vendor Conflict of Interest Certificate of Interested Parties Form 1295* Felony Conviction Notice Certification Regarding Debarment, Suspension, Inedibility and Voluntary Exclusion U.S. Department of Agriculture Certification Regarding Debarment Criminal Background Checks and Badging Subcontractor

Exceptions to Terms, Conditions, and/or Statement of Work Interlocal Agreement (“Rider”) Consent Form EDGAR Certifications Texas House Bill 89 Buy American Provision Campaign Contribution Disclosure Form Clean Air and Clean Water Act Resident Vendor Certification Disclosure of Lobbying Activities M/WBE Documentation** References

* Form CIQ and Form 1295 must be obtained by potential Offerors from the Texas Ethics

Commission’s website (www.ethics.state.tx.us ), completed, and returned with Offer. ** Failure to complete and sign the MWBE documentation will result in the Offeror receiving

zero (0) points on the M/WBE criteria.

The following information is provided to assist in completion of the attached forms:

The Officers and Board Members of Dallas ISD are:

Michael Hinojosa, Superintendent Justin Henry, Board President Dan Micciche, Board 1st Vice President Edwin Flores, Board 2nd Vice President Joyce Foreman, Board Member Dustin Marshall, Board Member Karla Garcia, Board Secretary Maxie Johnson, Board Member Ben Mackey, Board Member Miguel Solis, Board Member

COMPLIANCE FORMS Bidders are required to submit all compliance documents as part of their bid package at bid opening. Vendor must fill out and sign the bid document front cover sheet and complete all required compliance forms. Failure to provide signed and completed documents will result in your bid being deemed non-compliant. PREPARATION AND RESPONDING TO THIS BID All expenses resulting from preparation and responding to this bid/proposal, shall be solely at the expense of the bidder/proposer and not reimbursable. This provision includes, but is not limited to (copy) services, samples, etc. THE BID PACKAGE The bid package (1 Signed Original, 3 Copies, and 2 Flash Drives) shall be placed in one (1) envelope or box and properly identified with the RFB #, title, and delivered and time stamped in the Procurement Services Office at 9400 N Central Expressway, Suite 1510, Dallas, TX 75231 before the hour and date specified. Late offers will not be considered under any circumstances. Late offers include delivery after specified time and hour, irrespective of the delivery method, location and carrier or otherwise. Bidder is solely responsible for the bid being delivered and time stamped as specified. Dallas ISD reserves the right to reject and not consider any Proposal that is not submitted with all necessary information. REFERENCES Provide three professional references to include names, current phone numbers and statement of relationship held. It is the responsibility of the applying firm to verify contact information for all references submitted. Please advise references that they will be contacted via phone for additional information including but not limited to: technical competence, quality of work completed, support and quality of response provided, team approach, and quality of personnel.

DEVIATION FORM If the responding Offeror intends to deviate from the General Conditions, Standard Terms and Conditions, and /or Scope of Work listed in this document, all such deviations shall be listed on this page, with complete detailed conditions and information included or attached. The District will consider any deviations in its award decisions, and the District reserves the right to accept or reject any bid based upon any deviations or any attachments or inclusions. In the absence of any deviation entry on this form, the Offeror assures the District of their full compliance with the Standard Terms and Conditions, Scope of Work, and all other information contained in this document. Notwithstanding, the District is not bound by any of the deviations, and the District's acceptance of any bid shall not be construed as the District's acceptance of the deviations. The District retains the sole right to reject any deviations after and acceptance of any bid during the contract negotiations. TERMINATION Dallas ISD shall have the right to terminate for default all or any part of a resulting contract if Offeror breaches any of the terms hereof or if the Offeror becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Dallas ISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance. Dallas ISD has the right to terminate a resulting contract for convenience, without penalty, for non-appropriation or non-- availability of funds by delivery to the Offeror of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. Dallas ISD may terminate a resulting contract and debar the Offeror from future "bidding" for violations of the federal requirements including, but not limited to, "Contract Work Hours and Safety Standards Act", "Equal Employment Opportunity Act", and "Energy Policy and Conservation Act". Dallas ISD expressly reserves the right to:

a) Reject or cancel any or all proposals; b) Waive any defect, irregularity or informality in any proposal or RFB procedure; c) Waive as an informality, minor deviations from specifications at a lower price than other proposals meeting all aspects of the

specifications if it is determined that total cost is lower and the overall function is not impaired; d) Reissue an RFB; e) Consider and accept an alternate proposal as provided herein when most advantageous to Dallas ISD; f) Dallas ISD has the right to cancel the contract with a thirty day written notice, without prejudice, for factors including, but not

limited to, non-availability or non-appropriation of funds; and/or g) Procure any item or services by other means to meet time-sensitive requirements.

PURCHASE ORDER REQUIREMENTS Do not ship any products or provide any services without receipt of a Procurement Services purchase order which states exact quantities and delivery dates. Dallas ISD will not pay for any unauthorized shipment. The District reserves the right not to purchase any item on this bid or any award item resulting from this bid. Bidder must be able to accept Purchase Orders for their services provided DISTRICT ON-SITE REQUIREMENTS & CRIMINAL BACKGROUD CHECK/BADGING All District property and facilities are a "drug free zone". No one may use, consume, carry, transport or exchange tobacco, cigarettes, or illegal drugs while in a school district building or while on school district property. The Offerer, its company, and its employees shall adhere to this policy. For the safety of students, all Offerors when working at a campus will sign visitor log in the office at the campus. The required identification badge will be worn while on district property at all times. All Offerors should also be in a uniform that identifies them at all times. Texas Education Code Chapter 22 requires service Offerors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. Covered employees are all employees of an Offerer who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Dallas ISD requires all service Offerors to have a criminal background check and identification badge. Pursuant to Dallas ISD's Board Policy CH (LOCAL) Purchasing and Acquisition: All contracts must comply with the requirements for criminal background checks. All vendors must give advance notice to the District if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate any resulting agreement if the District determines that the person or business entity failed to provide notice as required by this paragraph or misrepresented the conduct resulting in the conviction.

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

APPLICABLE LAW This RFB, and its resulting contract, shall be governed first by the laws of the State of Texas, and venue for any disputes arising thereunder shall be in Dallas County, Texas and secondarily by the Uniform Commercial Code as adopted in the State of Texas and in force on the date of this RFB.

INVOICES AND PAYMENTS Offerer shall submit separate invoices on each purchase order after each delivery and/or project completed. Invoices shall indicate the purchase order number and the RFB number. Invoices shall be itemized. If applicable, a copy of the bill of lading should be attached to the invoice and mailed (address specified on the purchase order) or emailed ([email protected]) to Dallas ISD. No charge or addition to the accepted price shall be made by the Offerer for delivering, placing, or invoicing product(s). Payment shall not be due until all items on the purchase order have been received by Dallas ISD (unless specified in the Scope of Work) or the project has been completed and the above instruments are submitted and the invoice has been accepted by Dallas ISD. All prices shall be F.O.B. destination. Funds for completed purchase orders concerning a resulting contract will be available within thirty (30) days of completion and acceptance by the district. The District's required method of payment will be thru Electronic Funds Transfer (EFT) or E-payables. *Note: All goods and services require the issuance of a valid purchase order PRIOR to the commencement of the delivery of the goods and/or start of services.

BILLING INFORMATION – FOOD AND CHILD NUTRITION SERVICES Food Services purchases will be billed directly to Food and Child Nutrition Accounts Payable Department. Food Services Accounts Payable Department is requesting information listed below on Payment Discounts.

Do You Have an Early Payment Credit? (I.E. - 2/10/30) Yes_______ No_______ If Yes, What Are the Terms? _____________________

Is There A Late Payment Penalty? Yes ______ No______ If Yes, What Is the Late Payment Penalty? ____________________

Email Billing Invoice to [email protected] or mail to 1515 Al Lipscomb Way, Dallas, TX 75215.


COMMITMENT TO PROVIDE INSURANCE Insurance requirements for contracts/agreements are based on the following guidelines:

• Contracts/agreements under $50,000 do not require proof of insurance, unless the services are within the categories listed below. • All contracts/agreements over $150,000 require proof of insurance.

Proof of insurance is required for the following contracts/agreements regardless of the contract amount:

• Vendor is providing legal services, medical services, including, but not limited to, psychological services, counseling services, and occupational therapy and/or is providing a service that requires a professional license. If the contract amount is under $150,000, only professional liability insurance is required.

• All construction and maintenance contracts/agreements require proof of insurance. This applies to all aspects of building work including, but not limited to, ducts, electrical, HVAC, plumbing, roofing, asbestos abatement, elevator maintenance, architectural, engineering, and the like.

• All contracts/agreements for student internships and transportation services require proof of insurance. Procurement Services will request certificates of insurance from vendors who are required to provide certificates of insurance based on the guidelines above and will submit the certificates to Risk Management. Risk Management will review the certificates of insurance to ensure that the certificates of insurance meet District insurance requirements. Vendors will not be allowed to begin work until the certificates of insurance submitted to Risk Management have been approved. If a department would like to request that the insurance requirements be waived for a vendor, a properly executed request to waive insurance requirements form signed by a director or above may be submitted to Risk Management for review and recommendation. Risk Management will submit the request to the District's Chief Financial Officer for a decision. All certificates of insurance submitted to Risk Management must have a current issue date when submitted for review (issued within the last 30 days). If a vendor has multiple contracts/agreements within a 12-month period, the certificate of insurance submitted for the initial contract/agreement or master contract/agreement will be valid for a 12-month period or until insurance renewal, whichever comes first. INSURANCE REQUIREMENTS Construction and Maintenance Contracts: Applies to all aspects of building work including, but not limited to, ducts, electrical, HVAC, plumbing, roofing, asbestos abatement, elevator maintenance, architectural, engineering, and the like.

Workers’ Compensation Statutory Limits Employer’s Liability $500,000 per Accident

$500,000 per Employee $500,000 Policy Limit

General Liability Bodily Injury and Property Damage $1,000,000 per Occurrence

$2,000,000 Aggregate Business Automobile Liability: for Owned, Scheduled, Non-Owned, or Hired Automobiles

Bodily Injury $250,000 per Person $500,000 per Accident

Property Damage $250,000 Umbrella Policy $1,000,000 per Occurrence

$1,000,000 Aggregate Professional Liability for $1,000,000 aggregate is only required for construction contracts providing or requiring professional services of architectural, engineering design, surveying, or consulting. Pollution Liability for $1,000,000 aggregate is required if hazardous substance is involved. Payment Bond is required for contracts in excess of $25,000. Bond must be for full value of the contract. Performance Bond is required for contracts in excess of $100,000. Bond must be for full value of the contract. Builder's Risk is required for full value of the construction portion of the contract.

LOSS OF FUNDING AND COMMITMENT OF CURRENT REVENUE District shall have the continuing right to terminate this Agreement at the end of each fiscal year or end of the special revenue fund or grant during the term of the Agreement with regard to any services to be performed after the end of such fiscal year or end of the special revenue fund or grant, without District incurring any liability to Contractor as result of such termination, including early termination charges. If District terminates this Contract pursuant to this paragraph, Contractor will have the right to collect and retain payment for services rendered to District through termination date but shall not be entitled to any early termination charges. Termination of the Agreement under this paragraph is to be considered Termination without Cause.

PAYMENT & PERFORMANCE BONDS ARE REQUIRED Payment Bond is required on contracts exceeding $25,000. Performance Bond is required on contracts exceeding $100,000.

If the proposal or bids are for work of a recurring nature that is indefinite in quantity and delivery, and orders are awarded substantially on the basis of pre-described and pre-priced tasks, termed "unit-price" or "job order contracting," Payment Bond is required when the estimated budget amount for the budget year exceeds $25,000. Performance Bond is required when the estimated budget amount for the budget year exceeds $100,000.

For work that is indefinite in quantity or delivery, no amount of work or amount of contract to be awarded is to be implied or inferred by this requirement.

Bidders or Respondents that have been notified of an award of a contract will have a blank copy of the Agreement provided to them in four copies. One blank copy may be retained for the Bidder's or Respondent's records. Three copies of the Agreement must be each signed and notarized by the Bidder or Respondent. Each copy of the Agreement must have the required Certificates of Insurance placed with the Agreement by the Bidder or Respondent. When required by the Instructions to Bidders or Respondents; or by the General Terms and Conditions of Agreement; Performance and/ or Payment Bond(s) in three copies with original signatures must be submitted with the three copies of the signed Agreement. Within ten days of receipt of the unsigned Agreements, the Bidder or Respondent must return the signed and notarized Agreements, Certificates of Insurance, and when required, the Performance and/ or Payment Bond(s) to the Purchasing Department for forwarding to the Office of Legal Services.

Evaluation Criteria and Scoring – RFB KC-205861 Serving Lines At Thomas Jefferson, Trini Garza, and Woodrow Wilson High Schools

Max Points

Vendor Score

1. Purchase Price: Detailed Description of Rate of Services Per Year. 65

2. Quality of Vendor's goods and services 5

Services offered meet or exceed department needs

3. Reputation of the Vendor's and the Vendor's goods and services 3

4. The extent to which the goods or services meet the District's needs 5

Services offered reflect the District's and departments needs

5. Vendor’s past relationship with the District or Other Districts of Like Size 2

References

Portfolio

6. The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses. This will be applied to your M/WBE Participation and is worth 20 points broken down as follows:

20

6 a. Firm has an Affirmative Action/Diversity Plan and/or Policy and its workforce composition reflects its policies. List within the proposal, the firm’s Affirmative Action/Diversity Plan and/or Policy and the workforce composition.

1

6 b. Firm provided positive historical M/WBE utilization on previous contracts, including but not limited to Dallas ISD Contracts. 5

6 c. Composition of the firm’s team make-up meets the district’s M/WBE participation goal at the subcontracting/supplier level and includes diverse M/WBE firms in significant and meaningful roles. 3

6 d. Composition of the firm’s team make-up exceeds the district’s M/WBE participation goal at the subcontracting/supplier level and includes diverse M/WBE firms in significant and meaningful roles. 5

6 e.

Firm has currently established a Joint Venture partnership with a certified M/WBE firm in significant and meaningful roles for this proposal. Specify the percentage that the certified M/WBE will be allocated. Submit a certified copy of the JV agreement. Points will be awarded, pro-rata, based on the participation and responsibilities of the partners.

5

6 f. Firm currently participates in a Mentor Protégé Program, as a mentor. List within the proposal, the name, address, and contact information for the protégé along with the Mentor Protégé agreement. Provide any progress reports and deliverables achieved.

1

7. Long-term cost to the District to acquire the vendor’s goods and services. 0

Long term cost meets the department’s needs

8. Whether the vendor or the vendor's ultimate parent company or majority owner: 0

a. Has its principal place of business in this state; or

b. Employs at least 500 persons in this state

9. Any other relevant factor specifically listed in the Request for Proposal 0

Maximum Total Points 100

Evaluation Name :

Company Name :

SUPPLEMENTAL CONSTRUCTION PROCEDURES

PART 1 - GENERAL 1.1 DESCRIPTION

A. Provide construction and facilities necessary to complete the work as described in the Contract Documents and Project Manual, as specified herein and in attached specification sections, and as needed for a complete and proper installation.

B. Work is as specified at existing District facilities, as described in the specifications and descriptions. C. These items apply to all work of all Sections. D. Contractor shall furnish:

1. All permits, licenses, inspections, tools, equipment, vehicles, supervision, and incidental materials not listed in unit pricing, communications, and labor needed to complete the work within the necessary time frame.

2. Trash removal and daily cleanup; 3. Tool and materials security; 4. All record keeping as required to show before condition of work, progress of work, and final completion of

work, including photography of each of these phases. E. Work Not Mentioned:

1. Requirements herein are intended to outline the service and materials required to perform these services. It shall be understood that it is not the intention to mention herein each and every minor item required in the performance of the services hereunder.

2. The Contractor represents to have the necessary knowledge, abilities, skills and resources to completely perform said services by responding with a proposal or bid.

F. Required Personnel Skill: 1. All work must be performed by contractors that can maintain the technical level of work required and shown in

their samples. G. Related Work:

1. Documents affecting work of this Section include, but are not necessarily limited to; General Conditions, Supplementary General and Special Conditions, and sections in Division 1 of the Project Manual.

1.2 SUBMITTALS

A. Product Data: Submit the following: 1. Materials list of items proposed to be used or provided. 2. Installers' specifications and other data needed to prove compliance with the specified requirements

B. Manuals: 1. Upon completion of the work, deliver to the District Project Manager two copies of an operation and

maintenance manual, containing: a. One copy of the job progress manual. b. Instructions on maintaining and operating any installed materials, finishes, or equipment.

1.3 QUALITY ASSURANCE

A. Use adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary crafts and who a completely familiar with the specified requirements and the methods needed for proper and timely performance of the work required.

B. Codes and Regulations: 1. In addition to complying with the specified requirement, comply with the pertinent regulations of governmental

agencies having jurisdiction. 2. In the event of conflict between or among specified requirements and pertinent regulations, the more stringent

requirements will govern when so directed by the District Project Manager. C. Quality Control:

1. All work and material will be of good quality and in total compliance with local and regional governmental authorities having jurisdiction, and the Dallas Independent School District Technical Design Standards and guidelines, as amended.

2. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. D. Building Interior Air Quality:

1. Contractor shall take all necessary measures to prevent fumes, dust, or other construction-related materials from interfering with the use of the building by the Owner.

2. Contractors shall consider the installation of temporary partitions, screening, temporary FIRE ALARM equipment, and any other necessary measure to accomplish this without additional cost to the Owner.

1.4 PRODUCT HANDLING

A. Dispose of all materials, including used water and supplies in accordance with all EPA and other governmental requirements

1.5 CONSTRUCTION SAFETY

A. Contractor is solely responsible for all worker safety when the project is underway. B. Contractor shall comply with these items:

1. OSHA 1926 Health and Safety Standard: a. The job foreman and other designated individuals shall be thoroughly familiar and follow the guidance

and instructions contained in the latest edition of OSHA 1926 Health and Safety Standard for operations and material handing requirements for operations and material handing requirements.

b. Regulations of the Secretary of Labor: Provisions of 40 USC 333, as implemented, 36 F.R. 7339-7410 applies to this project and shall be complied with.

C. Local Authority: 1. Comply with all construction safety requirements of local authorities having jurisdiction, including, but not limited to;

trenching operations, designated safety trained individuals, and construction engineering design required. D. Control of Site:

1. The Contractor and his Foreman shall exercise all due caution to exclude the building occupants and the public from the work area and especially from contact with hazardous equipment.

E. Protective Clothing and Equipment: 1. Workmen are to wear protective clothing and equipment as recommended by the Installer of materials used.

Including, but not limited to, safety vests and hard hats. 1.6 FIRE PROTECTION

A. Responsibility: 1. Contractor is responsible for and shall take stringent precautions against fire. 2. Contractor shall provide all equipment and materials he feels is necessary to protect the Owner's property and the

Work. B. Compliance and Training:

1. Fully comply with requirements of City, Insurance, and Fire Department authorities. 2. The job foreman shall be fully trained in the use of the extinguishers and their placement on the site:

C. Numbers and Locations of Extinguishers, Minimum: 1. Sufficient operable extinguisher, with proper agent, shall be maintained on the work site at all times. Provide at

least; One approved fire extinguisher of a minimum 20 - B:C classification within 30 ft of each area where flammable materials are being applied or mixed, at other work areas requested by local fire officials or insurance recommendations.

1.7 SMOKING POLICY

A. Smoking is prohibited in all buildings and Dallas Independent School District property. PART 2 - PRODUCTS 2.1 APPROVALS

A. Submit equipment and materials proposed for approval by the District Project Manager. B. New materials will follow Dallas Independent School District Technical Design Standards and guidelines, as amended,

and the specifications in the Project Manual. 2.2 SOURCES

A. All sources require prior approval to use for pricing or bidding. B. 'Or Equal' Systems:

1. 'Or equal' systems may be submitted before the proposal deadline, but no systems will be approved after proposals are received.

2. Delays in submitting equal systems for review may cause a proposal to be rejected without further consideration. 3. Any systems approved as equal will be published in an addendum. 4. No systems will be approved without submitting current, commercially available MSDS sheets, EPA approvals, and

other product and Installer's data as listed in Section 01340. 5. Contractor must certify that the Contractor will be responsible for all cost increases or accelerations required by the

substitution, if approved. 2.3 JOB PROGRESS MANUAL

A. Existing Condition: 1. Provide a detailed before condition report for all areas prior to beginning work. 2. Provide a detailed before condition of all equipment and furnishings that are to be removed, relocated, or

stored. 3. Document any other relevant information to determining pre-existing conditions that may influence the final

acceptance of the work. B. Work Progress:

1. Provide a work progress report, of where work was performed. 2. Include products utilized on specific areas and include colors.

C. EPA Lead Requirements 1. This project is not intended as a lead abatement, however, if required, show conformance with EPA lead

controls as required by EPA and other authorities having jurisdiction. PART 3 - EXECUTION 3.1 SURFACE CONDITIONS

A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the Work.

B. Do not proceed until unsatisfactory conditions are corrected. 3.2 COORDINATION

A. Coordinate with other trades to assure proper and adequate provision in the work of those trades necessary for the work of this Section.

3.3 THE JOB PROCESS

A. Verify Existing Conditions: 1. All areas must be walked to determine conditions of existing surfaces to remain, for example, floors, carpet,

and walls. 2. All areas to have furniture moved must have condition of furniture documented.

B. Establish Moving Schedule 1. Any relocation or storage of District furniture, fixtures, or equipment must be submitted and reviewed by the

District. 2. Storage areas and the Contractor's security for these areas must be detailed in this submittal.

C. Establish Inspection, Acceptance, and Protection Procedures. 1. Submit for review the proposed inspection procedures, and when inspections will be required. 2. Procedures for protecting areas not to receive new finishes or materials or repairs will be detailed for review. 3. Acceptance procedures will be agreed to by the Owner before starting work.

D. NOTICE TO CONTRACTORS: 1. No consideration will be granted for any alleged misunderstanding of the material to be furnished or work to

be done, it being understood that the submission of a proposal and the entering into a contract is an agreement with all of the items and conditions referred to herein.

3.4 BUILDING OCCUPANCY

A. The Contractor shall maintain all discipline and controls necessary to avoid interrupting or disturbing the educational process at the building.

3.5 PERFORMANCE OF WORK

A. See Specifications. 3.6 PERSONNEL

A. Personnel:

1. The Contractor is responsible to ensure all its employees, personnel or representatives entering onto District facilities abide by these provisions.

2. No subcontract or third party personnel may perform services hereunder except with the express prior written authorization of the District.

3. In the event the Contractor's personnel have an accident at the work site the Contractor is required to submit, investigate and file an accident report.

B. Removal: 1. Owner reserves the right to request the removal of any Contractor's personnel for good cause.

C. District Telephone Usage: 1. If service is available at an existing building, local calls shall be paid for by the District, however this use of

District equipment may be revoked at the sole discretion of the District. 2. Any long distance calls shall be paid for by the Contractor.

D. Water: 1. Water necessary for the work shall be provided from existing building supply, if available. However, this use of

District water may be revoked at the sole discretion of the District. 2. Any additional disposal fees or supply fees assesses by the local utility shall be paid for by the Contractor.

E. Power, Fire Alarm: 1. If available, reasonable electricity, power, lighting, and air conditioning necessary for the work shall be

provided by the District. 2. The Contractor shall enforce good work practices not to incur excessive charges. 3. The Contractor will provide at all times a schedule building and shall work within these times and agree to turn

off and otherwise reduce utility use when not needed for work. 4. Should the District believe use is excessive, this use of District power FIRE ALARM may be revoked at the

sole discretion of the District. 5. Should services not be available and are required for the project, the contractor shall provide and furnish

these as required at the contractor's expense. F. Project Supervision:

1. Successful bidders shall appoint, by name, a company representative who will be the Project Supervisor. 2. The Project Supervisor will be responsible for but not limited to:

a. servicing all purchases covered by the contract resulting from the award of this proposal; b. correct pricing, backorder control, invoice procedures, shipping; c. manpower, supervision, reporting man-hours and materials cost, expediting, troubleshooting; d. in general, to provide that the account will be maintained in a condition which will expedite ordering,

deliveries, and allow the District to promptly pay all invoices due; e. to see that all work is handled in a professional manner and to see that the proper size crew is

scheduled, and the work is completed properly. f. The Project Supervisor should attend the pre-proposal meeting.

G. Safety Program and Instruction: 1. The Contractor must show it has a working safety program in effect. 2. The District will require the Project Supervisor and the foreman to be schooled in the District's safety

procedures and codes. H. Uniforms and Identification:

1. Contractor shall provide all employees with distinct, neat, and clean uniforms. 2. The Contractor's employees shall be required to wear their uniforms while at District facilities. 3. The Contractor shall ensure that employees wear safe and neat appearing footwear and safety belts while

working at District facilities. 4. All Contractor Personnel will be required to wear identification badges at all times while on premises. 5. All vehicles used by the Contractor to perform this contract must be clearly marked as belonging to the

Contractor. 6. Safety vests, hard hats, and safety glasses must be worn when appropriate along with ID badge at all times.

I. Equipment 1. The Contractor's equipment must be clean and free of dirt and grease.

J. Parking: 1. The Contractor will be responsible to work in only the assigned work areas and only park in the designated

areas. When working in a secured area previous authorization must be obtained. 2. While on campus the Contractor will adhere to all campus rules and regulations.

K. Work Process: 1. Contractor shall diligently perform the work in accordance with good industry practices and in a workmanlike

manner. 2. The Contractor shall use such methods, supervision, to ensure satisfactory quality of work conforming to the

provisions of this contract.

3. Contractor will be responsible for repair or replacement of any items damaged or ruined because of negligence.

4. Contractor shall have the right to access only building public areas and those areas necessary to complete the scope of work of this agreement.

L. Performance: 1. The Contractor agrees that no payment made under this agreement, shall be evidence of the performance of

this agreement either wholly or in part, and that no payment shall be construed to be an acceptance of defective work or improper materials.

M. Training: 1. Contractor will be expected to keep trained and proficient personnel at the job site and will ensure skill levels

are kept at or above the state of the art standards for performing all aspects of this contract. 3.7 PARKING

A. Parking will be made available to the Contractor for their company vehicles or employees if spaces are available. B. If spaces are not available, the Contractor will be responsible for parking arrangements. C. All parking and traffic rules and regulations of the District are applicable and will be enforced. D. Any parking tickets issued to the Contractor's vehicles or the Contractor's employee’s vehicles are the sole

responsibility of violating party. E. No vehicles, except those directly responsible for moving equipment related to the work, are to be driven on walks or

grounds. F. Any damage to the grounds, lawns, accessories, sidewalks, or other items at the site will be repaired promptly and at

the Contractor's expense. G. All security for parked vehicles is the Contractor's responsibility.

3.8 CLEANING AND PROTECTING

A. Protect all finish installations, including equipment from unauthorized use, prior to acceptance. Clean to final polished condition immediately prior to final acceptance.

SCOPE OF WORK & SPECIFICATIONS

The scope of work for all three lots includes both equipment and turnkey installation. Each lot will be quoted, and a detailed breakdown of equipment and installation cost will be provided by the award vendor(s). All pricing will remain firm for the period of one year and include furnishing, uncrating, and inspecting.

We are requesting that the responder provide catalog discounts for each lot bid.

INSTALLATION SPECIFICATIONS

All installations shall be made to the location identified by Food Services. All commercial cafeteria equipment is to be installed in a timely manner agreed by both parties. All items are to be completely set in place, installed and tested for operation. Installation must be coordinated with the FCNS Department through the Executive Director or designee 214-932-5500. Vendor will allow the District fifteen (15) business days to inspect deliveries for compliance with specifications or damage. If such discrepancies or damages are found, the vendor shall pick up items and replace the item or issue a credit for the full purchase amount.

DELIVERY SPECIFICATIONS

Delivery appointments must be made 5 workdays in advance prior to delivery. Normal delivery times are Monday through Friday, 7:30 AM – 12:00 PM, depending on availability of appointment times. Delivery must be coordinated with the F&CNS Department through Rick Guerra at 214-932-5550.

All deliveries shall be on 40"x48" pallets stacked a maximum of 50" high and weighing a maximum of 3000 pounds. Pallets will be exchanged as needed. The supplier is responsible for all costs related to loads that need to be palletized at the dock. Upon arrival the supplier must also ensure: No physical damage to the packaging. Vendor will allow the District 15 business days to inspect deliveries for compliance with specifications or damaged. If such discrepancies or damages are found, the vendor shall pick up items and replace the item or issue a credit for the full purchase amount.

BASIC INSTALLATION REQUIREMENTS: FURNISH & INSTALL

• Provide all labor, designs, architect and engineering services, drawings, materials, accessories, and special services necessary to complete the Scope of Work provided for each project identified by Dallas ISD Food and Child Nutrition Services and as required to provide a fully functioning operating system.

• Provide fabrication, delivery, unpacking, storage and setting of all items.• Provide data through submittals and installation manuals for mechanical and electrical connections and test each

furnished item for performance. Provide replacement of any item found to be defective.• The vendor is responsible for field verification of the space both horizontal and vertical to make sure that the

equipment will fit within the space provided.• Provide start up demonstrations using Factory Qualified Representative and Equipment Supplier.• Provide rubbish removal and haul off debris generated by this Vendor.• If in the presence of students, all onsite staff must be Dallas ISD Badged, Safety Orientated, and Drug Tested prior to

conducting any work onsite. All work must be in compliance with Dallas ISD's safety guidelines.• Provide shop drawings to the design team for review.• Make connections to electrical and plumbing infrastructure as required.• Provide firesafing, fire stopping, caulking, link seals, and sealants for the work of this subcontract as required by the

Contract Documents. Provide lighting within the units and connect to electrical infrastructure.• Provide any insulation that is required for piping of this vendor's work. Coordinate the installation with the general

contractor's work.• Coordinate with general contractor to properly store any equipment that has not been installed during the process.

Offsite storage or an onsite container may be required by this vendor.• Insurances and closeout procedures to be properly completed to Dallas ISD's requirements and will be separate from

that of the general contractor.• Provide a clean floor area and workspace for the new equipment.• Install electrical infrastructure up to the new equipment including disconnects if required. Core existing floor/slab for

new electrical and or plumbing infrastructure if required.

LOT #1 THOMAS JEFFERSON HIGH

SCHOOL AT EDISON We are requesting that the responder provide catalog discounts for equipment and installation, qualifications, references and a list of manufacturer brands provided by the installer on the catalog pricing sheet, as provided in the Proposal submittal format. Each project will be quoted and a detailed breakdown of equipment and installation cost will be provided by the awarded vendor(s).

For Lot #1 – Thomas Jefferson High School at Edison – we will be adding a serving line.

GENERAL MATERIAL SPECIFICATIONS FOR ALL THOMAS JEFFERSON HIGH SCHOOL AT EDISON CAMPUS SERVING LINE MODULES: Tops: 14-gauge, type 304 series stainless steel with 2” turndown on all sides and sound

deadening applied between top and frame. Countertop to be height of 36”, unless otherwise noted

Framing: 16-gauge, type 304 series stainless steel formed end panels with top and bottomhorizontal members of 16-gauge, type 304 stainless steel.

Body Panels: 18-gauge, type 304 series stainless steel

Front Panels: Stainless steel, field removable panels. No decorative panels required.

Breath-Shields: Elite-II series sneeze guards with adjustable front pivoted tempered glass and tempered glass overshelf. 1” OD round, fully polished stainless-steel posts anchored to counter framing. Glass pivots on 22.5° increments without the use of tools.

Display Lights: UL listed LED showcase lights

Undershelves: 18-gauge, type 304 series stainless steel with 18” high ends and 6” high back.Undershelf is held back 6” from front panel forming a utility chase for plumbing andelectrical services.

Drains: Manifolded drain line, with ball valve. Refer to drawings.

Warranty: 12-month limited warranty on parts and labor

Specs Based On: Mod-U-Serve

CATALOG DISCOUNT PROGRAM PRICING SHEET THOMAS JEFFERSON HIGH SCHOOL AT EDISON LEARNING CENTER

2940 Singleton Blvd., Dallas TX 75212

Please provide below a Catalog Discount Percentage (%) for all items specified in the proposal and a current catalog of manufacturing equipment used by your company.

Note: In order to be considered for purchases and installation of cafeteria serving lines, the bidder must provide a discount percent (%) and a current catalog, brochure or pricing sheet. Percent (%) discounts for equipment and installation can be bid a firm flat rate. All percent (%) discounts will remain firm for the entire period. Turnkey quotes will be requested for all commercial cafeteria equipment installation projects. Drop shipment for commercial equipment quotes will include shipping to 2940 Singleton Blvd., Dallas TX 75212.

Item Number

Quantity Description Percentage (%) Discount

1 1 Catalog Discount Percentage (%) catalog discount off of published price.

2 1 Hourly Rate of Equipment Installation 1st Hour ½ Hour

3 1 Hourly Rate of Equipment Repair 1st Hour ½ Hour

4 1 Please List Major Equipment Brands Supplied By Your Company

The discount does not have to be the same for all items. This will allow the Food and Child Nutrition Services to purchase any unforeseen items that may be necessary in the future. Please provide a current catalog or pricing sheet of serving lines equipment provided your company with your response.

Catalog Discounts are expected to remain firm for the duration of the bid period. All pricing to include shipping, inside the building delivery, set-in-place installation, and connections to electrical, lighting, and plumbing. Bidder may examine the location to determine the cost.

The catalog discount program will used to establish discounts off list price for cafeteria serving lines and commercial cafeteria equipment drop shipments to Thomas Jefferson High School (2940 Singleton Blvd., Dallas TX 75212). Purchase of cafeteria equipment will be quoted with pricing to include shipping. Bidder must provide a percentage (%) discount off list. All catalog discounts for equipment and installation will remain firm for the entire period. The District reserves the right to reject any bidder who fails to submit a Catalog % Discount. Failure to provide a Catalog discounts for projects may result in your response being deemed non-compliant and will not be considered.

THOMAS JEFFERSON HIGH SCHOOL

Serving LineCategory:

Item # Item

1 MCT-HCSP2-CUST Mod-U-Serve Cold Food Sheet Pan

Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings. No trayslides.• One (1) ½” recessed stainless-steel top to have mechanically cooled or heated surface to accommodate two (2) 18” x 26” sheet pans located front to back. With asecond tier consisting of one (1) ½” recessed “slim line” stainless steel top with a mechanically cooled or heated surface to accommodate one (1) 18” x 26” sheet pan.Second tier surface is to be slanted towards operator, with a glass overshelf on 3rd tier. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSFrequirements. Use 3/8” tempered glass.• One (1) countertop stainless steel, slanted template on rubber feet, to accommodate two (2) 12” x 20” pan.One (1) Structural Concepts CO45R refrigerated merchandiser unit provided by Mod-U-Serve. Structural Concepts unit to incorporate black laminate interior & exteriorfinish, retractable locking security cover, lighted shelves, rear hinged access• door, and Clean Sweep coil cleaner. Free standing unit, with no skeleton body by Mod-U-Serve.• Stainless steel end panels. No front panels required.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.

Brand and Model offered

Bid price per unitQuantity offered Total price

Additional notes

Specifications

Addition/Renovation Pricing Sheet 5/5/2020 12:21:57 PM Page 1 of 5



Item # Item

2 MCT-CRSG-MOD Mod-U-Serve Cashier Counter

Qty: Two (2)• Stainless steel construction. Size, location, and configuration per drawings.• One (1) 18-guage, type 304 series stainless steel cash drawer with extension slides, cylinder lock and 3” deep stainless-steel liner. Stainless steel lined kneerecess at cash drawer area.• NEMA 5-15 convenience outlet• Module provided with 6” adjustable locking casters.• 6” stainless steel legs with 1” adjustable bullet foot.• Stainless steel end panels. No front panels required.• Line up locks.



Additional notes

Specifications




Item # Item

3 MCT- HF4-CUST Mod-U-Serve Hot Food Counter

Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Four (4) 12” x 20” pan capacity, hot food wells. One (1) single-tier “slim line” heated top with ½” recesses to accommodate two (2) 18” x 26” sheet pans side byside. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” tempered glass.• One (1) Winston Foodservice model HOV5-14UV CVap heated cabinet provided by Mod-U-Serve. Unit provided with 5” plate casters, windows in each door andauto water-fill. Cord to exit bottom and plug into serving line. Door hinged LEFT.• 1” drain line to be manifolded with ball valve.• Stainless steel front and end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) cold water, deck mounted fill faucet supplied by 3/8” water.



Additional notes

Specifications




Item # Item

4 MCT-TRNKY Mod-U-Serve Turnkey Installation

Qty: Two (2)

• To include Insurance & Permit Fees• Disconnect, remove and haul off existing sink to Dallas ISD equipment warehouse• Patch all flooring as needed, and cap and cover unused utilities, including electrical, drains and water lines as needed.• Core holes for new floor sinks. Provide 3 ea. floor sinks, (1) for new serving counter, (1) for new Winston unit, and (1) for water heater. Provide and install hangers, PVC pipe, and connections as needed to connect into existing plumbing system. Pump water that's needed from crawl space. Provide and install 1/2' water lines to (1) new counters and (1) for Winston units with shut off valves. Relocate existing water heater. Provide and install required stand for relocated water heater. Provide 1” copper drain lines to new drains at serving lines. Make all final connections to all plumbing connections• Pick up (1) new Winston unit from Chrane warehouse and deliver to school. Unload, unwrap and set in place. Peel plastic covering. Install shelving and startup units.• Demo existing electrical circuits at existing serving counters. Cap and cover as needed. Provide and install one (1) 120/208v, 3 ph, 50 amp circuit to one (1) new serving counter. Demo existing water heater circuit and reinstall in new location. Provide and install one (1) 120 volt, 20 amp circuits for one (1) Winston Unit. Make all final electrical connections. Provide one (1) conduit run from Manager’s office to Cashier Stand locations. Data cable, data cable installation and data cable final connections by Dallas ISD.• Dallas ISD is responsible for all asbestos reporting, asbestos testing and asbestos abatement, if necessary.• Clean up all trash and debris.



Additional notes

Specifications



Temp. Maint. Equip.Category:

Item # Item

5 HOV5-14UV Winston Industries Pass-Thru Holding Cabinet

Qty: One (1)• Stainless steel construction with C-Touch controls with processor, HACCP temperature downloads, and eight (8) pre-programmed CVap temperature settings.• Provided with universal rack guides to accommodate (14) 18" x 26" sheet pans or (28) 12" x 20" hotel pans• Four (4) field reversible hinged solid dutch doors, magnetic door handle, with windows.• 120v, 1 phase, NEMA 5-20P service• Provide with automatic water fill system. Unit provided on Legs• Provide with s/s top extension• Provide with power cord exiting bottom of cabinet• Kitchen Side: Hinge Left• Service Side: Hinge Left• C‐Touch control with processor, HACCP temperature downloads



Additional notes

Specifications


LOT #2 TRINI GARZA EARLY

COLLEGE HIGH SCHOOL We are requesting that the responder provide catalog discounts for equipment and installation, qualifications, references and a list of manufacturer brands provided by the installer on the catalog pricing sheet, as provided in the Proposal submittal format. Each project will be quoted and a detailed breakdown of equipment and installation cost will be provided by the awarded vendor(s).

For Lot #2 – Trini Garza Early College High School – we will be redoing the serving lines.

GENERAL MATERIAL SPECIFICATIONS FOR ALL TRINI GARZA EARLY COLLEGE HIGH SCHOOL SERVING LINE MODULES: Tops: 14-gauge, type 304 series stainless steel with 2” turndown on all sides and sound

deadening applied between top and frame. Countertop to be height of 36”, unless otherwise noted

Trayslide: Cambria 3CM thick, “wavy” trayslide with a maximum depth of 15”. Trayslide to mounted on top of Utility Distribution Wall with a 1” rear overhang. Trayslides provided at height of 36” a.f.f. Refer to drawings.

Framing: 16-gauge, type 304 series stainless steel formed end panels with top and bottom horizontalmembers of 16-gauge, type 304 stainless steel

Body Panels: 18-gauge, type 304 series stainless steel

Front Panels: Main Counters to be raised acrylic panels, with aluminum protective perimeter housing, and RGB individual lighted controls per module. Panels are raised and extend over stainless-steel mullions. Any variance with other modules noted in itemized specifications.

Breath-Shields: Elite-II series sneeze guards with adjustable front pivoted tempered glass and tempered glass overshelf. 1” OD round, fully polished stainless-steel posts anchored to counter framing. Glass pivots on 22.5° increments without the use of tools

Display Lights: UL listed LED showcase lights

Undershelves: 18-gauge, type 304 series stainless steel with 18” high ends and 6” high back. Undershelfis held back 6” from front panel forming a utility chase for plumbing and electrical services

Drains: Manifolded drain line, with ball valve. Refer to drawings

Warranty: 12-month limited warranty on parts and labor


ITEMIZED SPECIFICATIONS:

Line 1:

1. MCT-HCSP2-CUST Mod-U-Serve Cold Food Sheet Pan Qty: One (1) • Stainless steel construction. Size, location, and configuration per drawings. No trayslides.• One (1) ½” recessed stainless-steel top to have mechanically cooled or heated surface to

accommodate two (2) 18” x 26” sheet pans located front to back. With a second tierconsisting of one (1) ½” recessed stainless steel top with a mechanically cooled surface toaccommodate two (2) 18” x 26” sheet pans located front to back. Second tier surface is to beslanted towards operator, with a glass overshelf on 3rd tier. Both tiers to have heatlamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” temperedglass.

• One (1) countertop stainless steel, slanted housing on rubber feet, to accommodate two (2)12” x 20” pans.

• One (1) Utility Refrigerator model R-30-SS-2G-D reach-in refrigerator provided by Mod-U-Serve. Self-Contained Refrigeration. Stainless steel finish inside and out. Door Hinged Left.Full complement of universal trayslides. Cord to exit bottom and plug into serving line.Utility unit to have s/s finished back.

• One (1) Structural Concepts CO45R refrigerated merchandiser unit provided by Mod-U-Serve. Structural Concepts unit to incorporate black laminate interior & exterior finish,retractable locking security cover, lighted shelves, rear access door, and Clean Sweep coilcleaner.

• 6” 3CM stone backsplash that matches trayslide finish. Silicone to countertop so it is able tobe removed if needed in the future.

• Stainless steel end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.

2. MCT-HCSP2-CUST Mod-U-Serve Cold Food Sheet Pan Qty: One (1) • Stainless steel construction. Size, location, and configuration per drawings. No trayslides.• One (1) ½” recessed stainless-steel top to have mechanically cooled or heated surface to

accommodate two (2) 18” x 26” sheet pans located front to back. With a second tierconsisting of one (1) ½” recessed stainless steel top with a mechanically cooled surface toaccommodate two (2) 18” x 26” sheet pans located front to back. Second tier surface is to beslanted towards operator, with a glass overshelf on 3rd tier. Both tiers to have heatlamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” temperedglass.

• One (1) countertop stainless steel, slanted housing on rubber feet, to accommodate two (2)12” x 20” pans.

• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) Utility Refrigerator model R-30-SS-2G-D reach-in refrigerator provided by Mod-U-

Serve. Self-Contained Refrigeration. Stainless steel finish inside and out. Door Hinged Left.Full complement of universal trayslides. Cord to exit bottom and plug into serving line.Utility unit to have s/s finished back.

• One (1) Structural Concepts CO45R refrigerated merchandiser unit provided by Mod-U-Serve. Structural Concepts unit to incorporate black laminate interior & exterior finish, retractable locking security cover, lighted shelves, rear access door, and Clean Sweep coil cleaner.

• Stainless steel front and end panels.• Panels exposed to cafeteria to be have plastic laminate finish applied by Mod-U-Serve,

laminate selection by Dallas ISD.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.

3. MCT-CRSG-MOD Mod-U-Serve Cashier Counter Qty: Two (2)

• Stainless steel construction. Size, location, and configuration per drawings.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) 18-guage, type 304 series stainless steel cash drawer with extension slides, cylinder

lock and 3” deep stainless-steel liner. Stainless steel lined knee recess at cash drawer area.• Single point, 120/208 volt, 3 phase, 80 amp electrical connection to electrical feed.• Receptacles and, where necessary breakers, provided to provide utility connections for all

modules in these lines.

4. MCT- HF4-CUST Mod-U-Serve Hot Food Counter Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Four (4) 12” x 20” pan capacity, hot food wells. One (1) single-tier “slim line” heated top

with ½” recesses to accommodate two (2) 18” x 26” sheet pans side by side. Both tiers tohave heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8”tempered glass.

• One (1) Winston Foodservice model HOV5-14UV CVap heated cabinet provided by Mod-U-Serve. Unit provided with 5” plate casters, windows in each door and auto water-fill. Cord toexit bottom and plug into serving line. Door hinged LEFT.

• 1” drain line to be manifolded with ball valve.• Stainless steel front and end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) cold water, deck mounted fill faucet supplied by 3/8” water.

5. MCT- HF4-CUST Mod-U-Serve Hot Food Counter Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Four (4) 12” x 20” pan capacity, hot food wells. One (1) single-tier “slim line” heated top

with ½” recesses to accommodate two (2) 18” x 26” sheet pans side by side. Both tiers tohave heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8”tempered glass.

• One (1) Winston Foodservice model HOV5-14UV CVap heated cabinet provided by Mod-U-Serve. Unit provided with 5” plate casters, windows in each door and auto water-fill. Cord toexit bottom and plug into serving line. Door hinged RIGHT.

• 1” drain line to be manifolded with ball valve.

• Stainless steel front and end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) cold water, deck mounted fill faucet supplied by 3/8” water.

6. MCT-CUST Mod-U-Serve Utility Distribution Qty: One (1)

• Utility Distribution Wall will not house MEPs currently, however, template cutouts andaccess panels need to be in place for future utility connections.

• All components (counter modules, trayslide, utility wall and utilities) must be factorycoordinated and tested for proper fit and function before leaving factory.

• UL approved Electrical chase with interchangeable receptacle plates with point of usebreakers. Non-UL approved UDS walls will not be approved. Separate data cable chase forimmediate and future Point of Sale upgrades.

• All stainless steel utility distribution walls with electrical, plumbing utilities and properventilation if required located correctly with adjacent equipment.

• 3CM thick Cambria, “wavy” trayslide with a maximum depth of 15”. Trayslide to mountedon top of Utility Distribution Wall with a 1” rear overhang. Trayslides provided at height of36” a.f.f. Refer to drawings.

• ¾” substrate attached to ¾” hat channels on front of utility wall are to be provided byMod-U-Serve with tile front application by Mod-U-Serve.

• Stainless steel end panels.• Front panels are to be raised acrylic panels, with aluminum protective perimeter housing, and

RGB individual lighted controls per module. Panels are raised and extend over stainless-steelmullions. RGB remote control provided by Mod-U-Serve.

7. MCT-CUST Mod-U-Serve Custom Stainless Steel Counter Qty: One (1) • Stainless steel construction. Size, location, and configuration per drawings.• 6” stainless steel legs with 1” adjustable bullet foot.• Six (6) 18-guage, type 304 series stainless drawers with extension slides.• Three (3) 18-guage, type 304 series stainless cabinets with undershelf and locking doors.

Refer to drawings for hinging.• 6” stainless steel legs with 1” adjustable bullet foot.• Stainless steel finished end panels, with 6” backsplash and both 6” left and right end-

splashes.

Line 2:

1. MCT- BV2-CRSG -CUST Mod-U-Serve Snack Counter Qty: One (1) • Stainless steel construction. Size, location, and configuration per drawings.• Two (2) drop-in, mechanically cooled, beverage units. Size and configuration per drawing.

Units provided with clear, bi-fold hinged lid with and locking bar.• Two tier stainless steel slanted Snack Rack with LED light located overhead.• Two (2) 18-guage, type 304 series stainless steel cash drawer with extension slides, cylinder

lock and 3” deep stainless-steel liner. Hinged tile access doors with locks below.• Rear mounted cord wrap.• Module provided with 6” adjustable locking casters.

• 8” 3CM fixed, stone trayslide mounted flush against the counter at 36” a.f.f. with LED lighting underneath.

• Counter fronts to be tiled by Mod-U-Serve. Tile panels to be raised and extend over stainless steel mullions to provide a “continuous” look. Tile selection by Dallas ISD.

• Counter to be positioned against building wall. Unit will need 2 remoted condensing units that intake from front of the counter through louvers behind the lift out panels.

• Single point 120V, 15 amp electrical connection.

Line 3:

1. MCT-FT4-MOD Mod-U-Serve Mobile Order Station Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Rear mounted cord wrap.• Counter fronts to be tiled by Mod-U-Serve.• Rear, locking cabinet doors to have tile finish.• Module to include two (2) push/pull handles on opposite sides. Refer to drawings.• Module provided with 6” adjustable locking casters.• 3CM extended stone counter top at 36” a.f.f. with LED lighting under overhang.• Countertop to have 6” raised pedestal with 3CM stone top. Top to have six (6) grommeted

holes to accommodate Vidabox iPad security enclosures with surface mount and concealed charging cord. iPads provided and installed by Dallas ISD.

• Counter fronts to be tiled by Mod-U-Serve. Tile panels to be raised and extend over stainless steel mullions to provide a “continuous” look. Tile selection by Dallas ISD.

• Counter to be positioned against building wall. Unit will need 2 remoted condensing units that intake from front of the counter through louvers behind the lift out panels.

• Single point 120V, 15 amp electrical connection.

Line 4:

1. MCT-FT2-MOD Mod-U-Serve Hydration Station Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Unit provided with stainless steel undershelf area.• Counter front, sides and rear to be tiled by Mod-U-Serve.• 3CM extended stone countertop at 36” a.f.f.• Module provided with 6” adjustable locking casters.

Trini Garza Early College High School Serving Line Retrofit Responsibilities of Involved Parties:

Successful Manufacturer:

The successful manufacturer of the specified serving line and manufacturer provided components is responsible for the fabricating of the product(s) with proper workmanship, void of errors, per the written specification and signed submittal drawings, and in a timely manner.

All equipment should be made ready for final utility connections by Mountain View College or a contractor of Mountain View College.

Upon final completion of the installation of the serving line, it is the responsibility of the manufacturer’s sales representative to provide a thorough educational demonstration covering operation, cleaning and preventative maintenance.

Successful Bidding Foodservice Equipment Dealer:

A representative of the successful bidding dealer, in conjunction with the manufacturer’s rep, is to coordinate with Dallas ISD the signing of approval drawings in person, including all material finishes.

Mountain View College:

All room modifications including new utilities rough-ins (electrical, water, drain and data), soffit removal, wall modifications, floor modifications and paint are to be by Mountain View College, designated by signed approval drawings prior to installation of the serving line. All final utility and data connections are the responsibility of Mountain View College or a contractor of Mountain View College.

CATALOG DISCOUNT PROGRAM PRICING SHEET TRINI GARZA EARLY COLLEGE HIGH SCHOOL

4849 West Illinois Ave., Dallas TX 75211


Note: In order to be considered for purchases and installation of cafeteria serving lines, the bidder must provide a discount percent (%) and a current catalog, brochure or pricing sheet. Percent (%) discounts for equipment and installation can be bid a firm flat rate. All percent (%) discounts will remain firm for the entire period. Turnkey quotes will be requested for all commercial cafeteria equipment installation projects. Drop shipment for commercial equipment quotes will include shipping to 4849 West Illinois Ave., Dallas TX 75211.

Item Number








The catalog discount program will used to establish discounts off list price for cafeteria serving lines and commercial cafeteria equipment drop shipments to Trini Garza Early College High School (4849 West Illinois Ave., Dallas, TX 75211). Purchase of cafeteria equipment will be quoted with pricing to include shipping. Bidder must provide a percentage (%) discount off list. All catalog discounts for equipment and installation will remain firm for the entire period. The District reserves the right to reject any bidder who fails to submit a Catalog % Discount. Failure to provide a Catalog discounts for projects may result in your response being deemed non-compliant and will not be considered.

Trini Garza Early College High School

Serving Line 1Category:

Item # Item


Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings. No trayslides.• One (1) ½” recessed stainless-steel top to have mechanically cooled or heated surface to accommodate two (2) 18” x 26” sheet pans located front to back. With asecond tier consisting of one (1) ½” recessed stainless steel top with a mechanically cooled surface to accommodate two (2) 18” x 26” sheet pans located front to back.Second tier surface is to be slanted towards operator, with a glass overshelf on 3rd tier. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSFrequirements. Use 3/8” tempered glass.• One (1) countertop stainless steel, slanted housing on rubber feet, to accommodate two (2) 12” x 20” pans.• One (1) Utility Refrigerator model R-30-SS-2G-D reach-in refrigerator provided by Mod-U-Serve. Self-Contained Refrigeration. Stainless steel finish inside and out.Door Hinged Left. Full complement of universal trayslides. Cord to exit bottom and plug into serving line. Utility unit to have s/s finished back.• One (1) Structural Concepts CO45R refrigerated merchandiser unit provided by Mod-U-Serve. Structural Concepts unit to incorporate black laminate interior &exterior finish, retractable locking security cover, lighted shelves, rear access door, and Clean Sweep coil cleaner.• 6” 3CM stone backsplash that matches trayslide finish. Silicone to countertop so it is able to be removed if needed in the future.• Stainless steel end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.



Additional notes

Specifications




Item # Item


Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings. No trayslides.• One (1) ½” recessed stainless-steel top to have mechanically cooled or heated surface to accommodate two (2) 18” x 26” sheet pans located front to back. With a second tier consisting of one (1) ½” recessed stainless steel top with a mechanically cooled surface to accommodate two (2) 18” x 26” sheet pans located front to back. Second tier surface is to be slanted towards operator, with a glass overshelf on 3rd tier. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” tempered glass.• One (1) countertop stainless steel, slanted housing on rubber feet, to accommodate two (2) 12” x 20” pans.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) Utility Refrigerator model R-30-SS-2G-D reach-in refrigerator provided by Mod-U-Serve. Self-Contained Refrigeration. Stainless steel finish inside and out. Door Hinged Left. Full complement of universal trayslides. Cord to exit bottom and plug into serving line. Utility unit to have s/s finished back.• One (1) Structural Concepts CO45R refrigerated merchandiser unit provided by Mod-U-Serve. Structural Concepts unit to incorporate black laminate interior & exterior finish, retractable locking security cover, lighted shelves, rear access door, and Clean Sweep coil cleaner.• Stainless steel front and end panels.• Panels exposed to cafeteria to be have plastic laminate finish applied by Mod-U-Serve, laminate selection by Dallas ISD.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.



Additional notes

Specifications




Item # Item

3 MCT-CRSG-MOD Mod-U-Serve Cashier Counter

Qty: Two (2)• Stainless steel construction. Size, location, and configuration per drawings.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) 18-guage, type 304 series stainless steel cash drawer with extension slides, cylinder lock and 3” deep stainless-steel liner. Stainless steel lined kneerecess at cash drawer area.• Single point, 120/208 volt, 3 phase, 80 amp electrical connection to electrical feed.• Receptacles and, where necessary breakers, provided to provide utility connections for all modules in these lines.



Additional notes

Specifications




Item # Item

4 MCT- HF4-CUST Mod-U-Serve Hot Food Counter LEFT

Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings.• Four (4) 12” x 20” pan capacity, hot food wells. One (1) single-tier “slim line” heated top with ½” recesses to accommodate two (2) 18” x 26” sheet pans side byside. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” tempered glass.• One (1) Winston Foodservice model HOV5-14UV CVap heated cabinet provided by Mod-U-Serve. Unit provided with 5” plate casters, windows in each door andauto water-fill. Cord to exit bottom and plug into serving line. Door hinged LEFT.• 1” drain line to be manifolded with ball valve.• Stainless steel front and end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) cold water, deck mounted fill faucet supplied by 3/8” water.



Additional notes

Specifications




Item # Item

5 MCT-CUST Mod-U-Serve Utility Distribution

Qty: One (1)• Utility Distribution Wall will not house MEPs currently, however, template cutouts and access panels need to be in place for future utility connections.• All components (counter modules, trayslide, utility wall and utilities) must be factory coordinated and tested for proper fit and function before leaving factory.• UL approved Electrical chase with interchangeable receptacle plates with point of use breakers. Non-UL approved UDS walls will not be approved. Separate datacable chase for immediate and future Point of Sale upgrades.• All stainless steel utility distribution walls with electrical, plumbing utilities and proper ventilation if required located correctly with adjacent equipment.• 3CM thick Cambria, “wavy” trayslide with a maximum depth of 15”. Trayslide to mounted on top of Utility Distribution Wall with a 1” rear overhang. Trayslidesprovided at height of 36” a.f.f. Refer to drawings.• ¾” substrate attached to ¾” hat channels on front of utility wall are to be provided by Mod-U-Serve with tile front application by Mod-U-Serve.• Stainless steel end panels.• Front panels are to be raised acrylic panels, with aluminum protective perimeter housing, and RGB individual lighted controls per module. Panels are raised andextend over stainless-steel mullions. RGB remote control provided by Mod-U-Serve.



Additional notes

Specifications




Item # Item

6 MCT-CUST Mod-U-Serve Custom Stainless Steel Counter

Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings.• 6” stainless steel legs with 1” adjustable bullet foot.• Six (6) 18-guage, type 304 series stainless drawers with extension slides.• Three (3) 18-guage, type 304 series stainless cabinets with undershelf and locking doors. Refer to drawings for hinging.• 6” stainless steel legs with 1” adjustable bullet foot.• Stainless steel finished end panels, with 6” backsplash and both 6” left and right end-splashes.



Additional notes

Specifications




Item # Item

7 MCT- BV2-CRSG -CUST Mod-U-Serve Snack Counter

Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings.• Two (2) drop-in, mechanically cooled, beverage units. Size and configuration per drawing. Units provided with clear, bi-fold hinged lid with and locking bar.• Two tier stainless steel slanted Snack Rack with LED light located overhead.• Two (2) 18-guage, type 304 series stainless steel cash drawer with extension slides, cylinder lock and 3” deep stainless-steel liner. Hinged tile access doors with locks below.• Rear mounted cord wrap.• Module provided with 6” adjustable locking casters.• 8” 3CM fixed, stone trayslide mounted flush against the counter at 36” a.f.f. with LED lighting underneath.• Counter fronts to be tiled by Mod-U-Serve. Tile panels to be raised and extend over stainless steel mullions to provide a “continuous” look. Tile selection by Dallas ISD.• Counter to be positioned against building wall. Unit will need 2 remoted condensing units that intake from front of the counter through louvers behind the lift out panels.• Single point 120V, 15 amp electrical connection.



Additional notes

Specifications




Item # Item

8 MCT-FT4-MOD Mod-U-Serve Mobile Order Station

Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings.• Rear mounted cord wrap.• Counter fronts to be tiled by Mod-U-Serve.• Rear, locking cabinet doors to have tile finish.• Module to include two (2) push/pull handles on opposite sides. Refer to drawings.• Module provided with 6” adjustable locking casters.• 3CM extended stone counter top at 36” a.f.f. with LED lighting under overhang.• Countertop to have 6” raised pedestal with 3CM stone top. Top to have six (6) grommeted holes to accommodate Vidabox iPad security enclosures with surface mount and concealed charging cord. iPads provided and installed by Dallas ISD.• Counter fronts to be tiled by Mod-U-Serve. Tile panels to be raised and extend over stainless steel mullions to provide a “continuous” look. Tile selection by Dallas ISD.• Counter to be positioned against building wall. Unit will need 2 remoted condensing units that intake from front of the counter through louvers behind the lift out panels.• Single point 120V, 15 amp electrical connection.



Additional notes

Specifications




Item # Item

9 MCT-FT2-MOD Mod-U-Serve Hydration Station

Qty: One (1)• Stainless steel construction. Size, location, and configuration per drawings.• Unit provided with stainless steel undershelf area.• Counter front, sides and rear to be tiled by Mod-U-Serve.• 3CM extended stone countertop at 36” a.f.f.• Module provided with 6” adjustable locking casters.



Additional notes

Specifications




Item # Item

10 MCT- HF4-CUST Mod-U-Serve Hot Food Counter RIGHT

Qty: One (1)

• Stainless steel construction. Size, location, and configuration per drawings.• Four (4) 12” x 20” pan capacity, hot food wells. One (1) single-tier “slim line” heated top with ½” recesses to accommodate two (2) 18” x 26” sheet pans side byside. Both tiers to have heat lamps/LED display lights. Sneeze guards to meet the NSF requirements. Use 3/8” tempered glass.• One (1) Winston Foodservice model HOV5-14UV CVap heated cabinet provided by Mod-U-Serve. Unit provided with 5” plate casters, windows in each door andauto water-fill. Cord to exit bottom and plug into serving line. Door hinged RIGHT.• 1” drain line to be manifolded with ball valve.• Stainless steel front and end panels.• Line up locks.• 6” stainless steel legs with 1” adjustable bullet foot.• One (1) cold water, deck mounted fill faucet supplied by 3/8” water.



Additional notes

Specifications


LOT #3 WOODROW WILSON

HIGH SCHOOL We are requesting that the responder provide catalog discounts for equipment and installation, qualifications, references and a list of manufacturer brands provided by the installer on the catalog pricing sheet, as provided in the Proposal submittal format. Each project will be quoted, and a detailed breakdown of equipment and installation cost will be provided by the award vendor(s).

For Lot #3 – Woodrow Wilson High School – we will be remodeling a serving line.

GENERAL MATERIAL SPECIFICATIONS FOR ALL WOODROW WILSON HIGH SCHOOL SERVING LINE REWORK: Warranty: 12-month limited warranty on parts and labor


ITEMIZED SPECIFICATIONS:

Item 1: MOD-U-SERVE MCT‐FIELD REWORK Qty: One (1)

• Field rework by Mod‐U‐Serve to include:o Deliver and install one (1) model MCT-CFSP1‐SLIM as outlined in Item #2 belowo Deliver and install one (1) model QSCHP‐4T and Elite sneezeguard as outlined in item #3 belowo Mod-U-Serve to cut a 24"x 61‐1/8" opening in the existing stone top to accommodate the new

QSCHP‐4T.o Mod-U-Serve to remove existing framing as required, and add required support framing for the

model QSCHP‐4T and sneezeguard socketso Mod-U-Serve to reuse stone cut out, if possible, for removable stone inserts, provided stone being

removed is not compromised.o Mod-U-Serve to install one (1) new control box for the model QSCHP‐4To Mod-U-Serve to reuse the existing electrical interconnect box, leaving two open/unused

convenience outlets.o Mod-U-Serve to install the on/off switch for the Elite series sneezeguard

Item 2: MOD-U-SERVE COLD FOOD SHEET PAN UNIT Qty: One (1)

• One (1) Mod‐U‐Serve model MCT‐CFSP1‐SLIM, Mobile Serving Cold Food‐Sheet pan‐ SLIM,MODIFIED to be provided, length, depth and configuration per drawings, mechanically cooled stainless

steel frost top, 1/2" deep to accommodate one (1) 18" x 26" pan, open cabinet base, stainless steel sides, top and undershelf

• One (1) custom Mod-U-Serve model MCT‐ELITE‐ADJ‐MOD two-tier, stainless steel custom adjustablesneezeguard with glass breath protector and top shelf with lights. Modified to include refrigeratedintermediate tier to accommodate one (1) 18” x 26” sheet pan. Self-Contained Refrigeration.

Item 3: MOD-U-SERVE FOUR-WELL QUICK-SWITCH HOT/COLD WELL Qty: One (1)

• One (1) Mod‐U‐Serve MCT‐CUST-LTI-QSCHP‐4T drop-in four well quick switch four-well hot/cold wellwith mechanical, self-contained refrigeration furnished and installed by Mod-U-Serve.

• One (1) custom Mod-U-Serve model MCT‐ELITE single-tier, stainless steel custom adjustablesneezeguard with glass breath protector with heat strip and lights.

Woodrow Wilson Serving Line Retrofit Responsibilities of Involved Parties:

Successful Manufacturer:

The successful manufacturer of the specified serving line and manufacturer provided components is responsible for the fabricating of the product(s) with proper workmanship, void of errors, per the written specification and signed submittal drawings, and in a timely manner. Mod-U-Serve is to provide Turnkey components as specified in the itemized specifications for all equipment, as noted.

Upon final completion of the installation of the serving line, it is the responsibility of the manufacturer’s sales representative to provide a thorough educational demonstration covering operation, cleaning and preventative maintenance.

Successful Bidding Foodservice Equipment Dealer:

A representative of the successful bidding dealer, in conjunction with the manufacturer’s rep, is to coordinate with Dallas ISD the signing of approval drawings in person, including all material finishes.

Dallas ISD: Dallas ISD is to remove and relocate to the district’s location of choice the existing Hatco countertop merchandisers, existing Alto Shaam drawer warmers, and existing Structural Concepts merchandiser prior to scheduled field rework.

CATALOG DISCOUNT PROGRAM PRICING SHEET WOODROW WILSON HIGH SCHOOL

100 S. Glasgow, Dallas TX 75214


Note: In order to be considered for purchases and installation of cafeteria serving lines, the bidder must provide a discount percent (%) and a current catalog, brochure or pricing sheet. Percent (%) discounts for equipment and installation can be bid a firm flat rate. All percent (%) discounts will remain firm for the entire period. Turnkey quotes will be requested for all commercial cafeteria equipment installation projects. Drop shipment for commercial equipment quotes will include shipping to 100 S. Glasgow, Dallas TX 75214.

Item Number








The catalog discount program will used to establish discounts off list price for cafeteria serving lines and commercial cafeteria equipment drop shipments to Woodrow Wilson High School (100 S. Glasgow, Dallas, TX 75214.). Purchase of cafeteria equipment will be quoted with pricing to include shipping. Bidder must provide a percentage (%) discount off list. All catalog discounts for equipment and installation will remain firm for the entire period. The District reserves the right to reject any bidder who fails to submit a Catalog % Discount. Failure to provide a Catalog discounts for projects may result in your response being deemed non-compliant and will not be considered.

Woodrow Wilson High School


Item # Item

1 MOD-U-SERVE MCT‐FIELD REWORK

Qty: One (1)• Field rework by Mod‐U‐Serve to include:o Deliver and install one (1) model MCT-CFSP1‐SLIM as outlined in Item #2 belowo Deliver and install one (1) model QSCHP‐4T and Elite sneezeguard as outlined in item #3 belowo Mod-U-Serve to cut a 24"x 61‐1/8" opening in the existing stone top to accommodate the new QSCHP‐4T.o Mod-U-Serve to remove existing framing as required, and add required support framing for the model QSCHP‐4T and sneezeguard socketso Mod-U-Serve to reuse stone cut out, if possible, for removable stone inserts, provided stone being removed is not compromised.o Mod-U-Serve to install one (1) new control box for the model QSCHP‐4To Mod-U-Serve to reuse the existing electrical interconnect box, leaving two open/unused convenience outlets.o Mod-U-Serve to install the on/off switch for the Elite series sneezeguard



Additional notes

Specifications




Item # Item

2 MOD-U-SERVE COLD FOOD SHEET PAN UNIT

Qty: One (1)• One (1) Mod‐U‐Serve model MCT‐CFSP1‐SLIM, Mobile Serving Cold Food‐Sheet pan‐ SLIM, MODIFIED to be provided, length, depth and configuration perdrawings, mechanically cooled stainless steel frost top, 1/2" deep to accommodate one (1) 18" x 26" pan, open cabinet base, stainless steel sides, top and undershelf• One (1) custom Mod-U-Serve model MCT‐ELITE‐ADJ‐MOD two-tier, stainless steel custom adjustable sneezeguard with glass breath protector and top shelf withlights. Modified to include refrigerated intermediate tier to accommodate one (1) 18” x 26” sheet pan. Self-Contained Refrigeration.



Additional notes

Specifications




Item # Item

3 MOD-U-SERVE FOUR-WELL QUICK-SWITCH HOT/COLD WELL

Qty: One (1)• One (1) Mod‐U‐Serve MCT‐CUST-LTI-QSCHP‐4T drop-in four well quick switch four-well hot/cold well with mechanical, self-contained refrigeration furnished andinstalled by Mod-U-Serve.• One (1) custom Mod-U-Serve model MCT‐ELITE single-tier, stainless steel custom adjustable sneezeguard with glass breath protector with heat strip and lights.



Additional notes

Specifications


Supplemental Terms and Conditions

Responses are to be submitted on the forms provided. The Bid Packet (1 Signed Original, 3 Copies, and 2 Flash Drives) shall be placed in an envelope and properly identified with the RFB #, title, and delivered to the Purchasing Department office before the hour and date specified. Late offers will not be considered under any circumstances.

Bid unit price on quantity specified, extend and show total. In case of errors in extension, unit prices shall govern.

Minimum order quantities will not be accepted without written approval by the Dallas Independent School District Purchasing Department prior to shipments made during the agreement unless otherwise defined in the specifications.

Prices offered must be F.O.B. Destination (shipping terms under which the seller bears risk until the goods are transported to buyer's dock/department/school, after which risk will pass to the buyer), inside delivery. Show the exact or estimated cost to deliver if transportation is not included in the item cost. No C.O.D. or collect freight shipments will be accepted.

Unless otherwise noted, bid prices submitted must be firm for acceptance for the entire bid period.

The District is a public entity and is exempt from Federal Excise Tax, State Tax and local Tax. Do not include tax in bid. If it is determined that tax was included in the bid, it will not be included in the tabulation or any awards and will be deleted from any subsequent invoices. Tax exempt certificates will be furnished upon request. State of Texas number is 1-75-6001276-7 Outlet Number 167.

Bids must show the full name and address of the solicited vendor if different than name and address shown on the bid request. Unsigned offers will be disqualified. Person signing offer should show title or authority to bind their firm to a contract.

Items must conform to appropriate local, state, federal ordinances, statutes and regulations governing the manufacture, safety, sale, and installation of the items.

The District will evaluate the bids and make award for supplies, materials, services and equipment on the basis of best value and best offer which meet the minimum specification.

The District reserves the right to accept or reject all or any part of this offer, waive minor technicalities and award the offer to serve in the best interest of the District.

The District reserves the right to purchase additional quantities of items or services as listed on this offer subject to verification of the same or lower prices and conditions as offered.

Any catalog, brand name or manufacturer's reference used in the request for bid is descriptive – not restrictive. It is intended to indicate type and quality desired. Bids on brands of like nature and quality will be considered. If solicited vendor bids other than referenced specifications, bid must show manufacturer, brand model, etc. of article offered. If other than brand(s) specified is bid, complete descriptive information of each article being bid must be included with the bid. If solicited vendor takes no exception to specifications or reference data, the bidder will be required to furnish brand names, models, etc. as specified. Articles delivered that are determined by the District not to be of equal or comparable quality of the requested articles shall be picked up by the vendor at no expense to the District.

All items must be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated on the bid.

Samples, if required, must be furnished at no cost to the District. If not destroyed in examination, the samples will not be returned to the solicited vendor. Each sample, when requested, must be marked with bidder's name and item number on the bid. Sample must be submitted separately prior to bid opening for evaluation. Ship to Food & Child Nutrition Services – Maria Luna Warehouse: 1515 Al Lipscomb Way, Dallas TX 75215.

DROP SHIPMENTS – FOOD

Offer must show the number of days required to deliver the articles to the specified location under normal conditions after receipt of an order. Failure to state the delivery time obligates the bidder to make delivery in fourteen (14) calendar days. Delivery shall be sent to Dallas ISD Food & Child Nutrition Services, Maria Luna Warehouse: 1515 Al Lipscomb Way, Dallas TX 75215. The right is reserved to reject incorrect or damaged shipments.

INSTALLATION

If required, the successful solicited vendor shall provide the following services and requirements at no additional cost above the initial bid price on machinery, appliances and furniture. Provide transportation of the items to the building, locating the items in the proper location within the building, uncrating, complete assembly and adjustment by a trained installation mechanic and removal of all debris.

Machinery is to be complete and made ready for electrical and/or fluid service connection by the District. After connection, make the machine ready, start up, check out, and correct any malfunction of the equipment. Provide all materials, equipment and labor to place machinery in top operating condition or to fully assemble furniture.

The District makes payment 30 days upon receipt of a properly executed invoice and verification of delivery from the consignee. Discounts will be calculated from the date of delivery or date of invoice, whichever is most current.

By signing and executing this bid, the solicited vendor certifies and represents to the District that solicited vendor has not offered, conferred, or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this offer.

Solicited vendor further certifies and represents that solicited vendor has not violated any state, federal, local law, regulation or ordinance relating to bribery, improper influence, collusion, discrimination or other similar crimes and all items or services provided or delivered under any award shall conform hereto.

In signing this bid form, the solicited vendor certifies that to the best of their knowledge no company employee, either full or part time, owner, official, stockholder, subcontractor, or members of their immediate family, are members of the Board of Education or an employee of the District.

Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states " a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony."

The solicited vendor, if awarded a contract relative to this bid, hereby assigns to the District any and all claims for overcharges associated with a contract which arises under the Antitrust Laws of the United States, 15 U.S.C.A. Sec. 1 et seg. (1973).

The District reserves the right to financial records relative to this quote or subsequent award.

TERM OF PAYMENT

Terms of payment to the Contractor will be in accordance with the terms of the Contract based on invoices submitted to and approved by the appropriate District official. Invoices shall be fully documented in accordance with the Contract. In order for payment to take place the Contractor must have been issued a Purchase Order by the Executive Director of Purchasing to be valid. No payments shall be made on invoices not listing a valid Purchase Order number. Payments will be made upon completion of delivery and acceptance unless special arrangements are made through the Chief Financial Officer for partial payment. Payments will be made upon receipt of an invoice submitted by Contractor. Invoices must reflect only the amount due for that portion of the services performed, materials and equipment furnished for the period covered by each invoice. Contractor agrees to waive any/all interest charges on overdue invoices. All invoices are to be mailed to FCNS Accounts Payable, 1515 Al Lipscomb Way Dallas T 75215 only.

Upon payment by the District, Contractor shall pay each subcontractor or subcontractor the appropriate share of the payment no later than the 10th calendar day after the day on which the Contractor receives payment from the District.

TAX EXEMPT STATUS

The Dallas Independent School District is a local governmental Agency and exempt for all city, state, and federal sales and use taxes. However, it shall be understood this tax-exempt status cannot be utilized by the Contractor for its purchase, lease, or rental of a motor vehicle. Note: Contractor is responsible for all employment tax, withholding and state and federal tax requirements of its employees.

VENUE

This Contract shall be enforceable in Dallas County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Dallas County, Texas.

PERFORMANCE TIME

Time is of the essence in the performance of services detailed in this bid. The District considers time to be that period elapsing from the date the Notice to Proceed is issued until final acceptance of the last element of Work agreed by the parties to be performed as part of the Scope of Services.

NOTICE OF DELAY

Whenever the Contractor encounters any difficulty which is delaying or threatens to delay timely performance (including actual or potential labor disputes), the Contractor shall immediately give notice thereof in writing to Food & Child Nutrition Services stating all relevant information with respect thereto. Such notice shall not in any way constitute a basis for an extension of the delivery or

performance schedule or be construed as a waiver by the District of any right or remedies to which it is entitled by law or pursuant to provisions herein. Failure to give such notice, however, may be grounds for denial of any request for an extension of the delivery or performance schedule because of such delay.

FORCE MAJEURE

Contractor shall not be liable for delay in delivery or performance or for failure to give notice of delay when such delay is due to factors beyond its control, including, but not limited to, fires, strikes, 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 District of the date of inception of the force majeure condition and the extent to which it will affect performance.

However, Force Majeure shall exclude items covered by the "All Risk" insurance and shall not cover loss of funds in the custody of the Proposer.

GENERAL PERFORMANCE REQUIREMENTS

Performance shall commence upon execution of the contract by the Board President and issuance of a District Purchase Order. Thereafter, all Work shall be coordinated, reviewed, and approved by Michael Rosenberger, Executive Director of Food & Child Nutrition Services or his designee.

The scope of this Contract and requirements of the District as described in the bid and Proposal shall not be considered as binding on the District, and the Scope of Services awarded actually may be less than or greater than projected.

Proposer warrants that all services performed under any resulting Contract will be of the type and quality specified, and the District may reject and/or refuse Services, which fall below the quality specified in the bid and resulting Contract.

Failure by the Contractor to make reasonable progress in accordance with the approved bid document term and conditions entitles the District to seek services from alternate sources wherever available, with the right to seek reimbursement from the Contractor for amounts, if any, paid by the District over and above the Contract price.

All Services performed under this Contract, as required by the bid shall be performed in the highest quality workmanship and shall in every respect meet or exceed the industry standards for this type Contract.

Failure of Contractor to fully comply with the terms and provisions of this Contract shall constitute grounds for declaring the Contractor in default of the Contract.

TERMINATION WITHOUT CAUSE

Dallas ISD will have the right to terminate the contract, in whole or in part, without cause any time upon thirty (30) days prior written notice. Upon receipt of a notice of termination, the Contractor will promptly cease placing orders and all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. DALLAS ISD will 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.

TERMINATION FOR DEFAULT

Dallas ISD 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 bid specifications. In the event of termination the school district 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 bid to the next lowest responsible proposer. Any such act by the school district will not be deemed a waiver of any other right or remedy. If after exercising any such remedy, the cost to school district 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 will be liable for and will reimburse the school district for such excess. Proposers will for this purpose, keep their bids open and prices fixed for a period of 90 days following the award of this bid.

LOSS OF FUNDING AND COMMITMENT OF CURRENT REVENUE

District shall have the continuing right to terminate this Agreement at the end of each fiscal year or end of the special revenue fund or grant during the term of the Agreement with regard to any services to be performed after the end of such fiscal year or end of the special revenue fund or grant, without District incurring any liability to Contractor as result of such termination, including early termination charges. If District terminates this Contract pursuant to this paragraph, Contractor will have the right to collect and retain payment for services rendered to District through termination date but shall not be entitled to any early termination charges.

Termination of the Agreement under this paragraph is to be considered Termination for Non-Appropriation of Funds.

Dallas Independent School District reserves the right to cancel any resulting contract with a thirty (30) day written notice, without prejudice, for factors including but not limited to non-availability or non-appropriation of funds.

RELATIONSHIP BETWEEN THE PARTIES

It is expressly understood that in the performances of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of the District. Contractor agrees and covenants to comply with the restrictions in Exhibit E of this Agreement.

AMENDMENT

This Contract may be amended or modified only by written agreement of all parties.

ASSIGNMENT OF PERSONNEL

The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, and are acceptable to the District, as is evidenced in writing. The Contractor will not sell, assign, transfer or convey any interest in this contract in whole or in part without the prior written consent of the Dallas ISD. No assignment, transfer or conveyance under this contract will be effective without the prior written consent of the school district.

NON-DISCRIMINATORY EMPLOYMENT

In connection with the execution of this Contract, the Contractor shall fully comply with the District non-discrimination policy cited below.

"The Dallas Independent School District (District), as an equal opportunity educational provider and employer, does not discriminate on the basis of race, color, religion, sex, national origin, disability, sexual orientation and/or age in educational programs or activities that it operates or in employment decisions. The District is required by Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Age Discrimination Act of 1975, as amended, as well as Board policy not to discriminate in such a manner. (Not all prohibited bases apply to all programs)."

Submittal to District of reasonable evidence of discrimination (within the sole discretion of the District) by Contractor will be grounds for Termination of the Agreement. This policy does not require the employment of unqualified persons.

SUBCONTRACTING

The Contractor shall not subcontract any portion of the work required by this Contract without prior written approval of the District (Food & Child Nutrition Services) except for any subcontract work identified herein.

ASSIGNMENT

The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be transferred or assigned without the express prior written consent of the District.

LICENSING AND PERMITS

The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits, which might be required by the work to be performed herein.

BOOKS OF RECORD AND AUDIT PROVISIONS

Contractor shall maintain on a current basis complete books and records relating to this Contract. Such records shall include, but not be limited to, documents supporting all bids, income and expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract. In addition, Contractor shall maintain detailed payroll record including all subsistence, travel and field expenses, canceled checks and receipts and invoices for all items. These documents and records shall be retained for at least four years from the completion of this contract. Contractor will permit District to audit all books, accounts or record relating to this contract or all books, accounts or record of any business entities controlled by Contractor that participated in this contract in any way. Any audit may be conducted on Contractors premises or, at District's option; another location. Contractor shall provide all books and records within fifteen (15) days upon receipt of written notice from District. Contractor shall refund any monies erroneously paid to the Contractor or charged to the District. If District ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the contract amount, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed.

GOVERNING LAW

This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas. The obligations of the parties hereto shall be performable in Dallas County, Texas, and if legal action is necessary to enforce same, venue shall lie in Dallas County, Texas.

RIGHT TO AUDIT

At any time during the term of this Contract and for a period of four (4) years thereafter DISTRICT or a duly authorized audit representative of DISTRICT, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by DISTRICT reveals any errors/overpayments by DISTRICT, Contractor shall refund DISTRICT the full amount of such overpayments within thirty (30) days of such audit findings, or DISTRICT, at its option, reserves the right to deduct such amounts owing DISTRICT from any payments due Contractor.

ACCESS TO DOCUMENTS

To the extent applicable to this procurement, in accordance with applicable Public Law, Contractor agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records relating to same, by the Comptroller General of the United States, other governmental investigative agency, or their duly authorized representative(s), legally authorized to investigate alleged fraud, overcharge, or other diversion of funds from a public school district receiving Federal and State public funds.

SEVERABILITY

In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein.

ENFORCEMENT

It is acknowledged and agreed that Contractor's services to District are unique, which gives Contractor a peculiar value to District and for the loss of which District cannot be reasonably or adequately compensated in damages; accordingly, Contractor acknowledges and agrees that a breach by Contractor of the provisions hereof will cause District irreparable injury and damage. Contractor, therefore, expressly agrees that District shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Agreement, but only if District is not in breach of this Agreement.

CONSIDERATION OF PROPOSALS

After Proposals are opened, the Proposals will be evaluated on the basis given in the RFB and as shown in the Proposal. Until final award of the Contract, the District reserves the right to reject any or all Proposals, to waive technicalities, or proceed to Contract for the services otherwise in the best interests of the District.

IRREGULAR PROPOSALS

Proposals will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate Proposals, or irregularities of any kind. However, the District reserves the right to waive any irregularities and to make the award in the best interests of the District.

REJECTION OF PROPOSALS

The District reserves the right to reject any or all Proposals, and all Proposals submitted are subject to this reservation. Proposals may be rejected, among other reasons, for any of the following specific reasons:

Proposals received after the time set for receiving Proposals as reflected on the cover page:

Proposals containing any irregularities and unbalanced value of any items:

Improper or insufficient Proposal Guaranty Bond:

Proposer, any subcontractor or supplier, or the surety on any bond given, or to be given is in litigation with the District, or where such litigation is contemplated or imminent, in the sole opinion of the District.

DISQUALIFICATION OF PROPOSERS

Proposers may be disqualified and their Proposals not considered, among other reasons, for any of the following specific reasons:

Reason for believing collusion exists among the Proposers.

Reasonable grounds for believing that any Proposer submitting a Proposal as a Prime Contractor is interested in more than one Proposal for the services contemplated.

Where the Proposer, any subcontractor or supplier, or the surety on any bond given, or to be given, is in litigation with the District, or where such litigation is contemplated or imminent, in the sole opinion of the District.

The Proposer being in arrears on any existing contract or having defaulted on a previous contract.

Lack of competency as revealed by pertinent factors, including, but not necessarily limited to, experience, computer hardware and software, equipment, and questionnaires.

Insufficient resources, which in the judgment of the District will prevent or hinder the prompt providing of additional services, if awarded.

PERFORMANCE

Dallas ISD reserves the rights to cancel the entire contract or line item award and/or buy in the open market at the current price in the event brands or model numbers other than brands named on the bid are delivered without prior approval or if vendor fails to deliver contracted items within the specified arrival time.

If product does not meet the bid requirement, the shipment will be refused. The vendor will be responsible for reloading product back onto the delivery truck and for removal of the product from Dallas ISD premises due to physical damage to the packaging,

All bid items must be in conformance with any federal, state, and local laws or regulations in effect at the time of purchase.

Vendors must fill in all blank columns on items being bid such as vendor's brand name and number, unit price, total price and all other requested criteria.

INVOICING

The bidder shall provide an original invoice for each shipment. Invoices shall be number with no duplicate numbers. Invoices must show quantity, Dallas ISD SKU number, Dallas ISD customer assignment number (to be provided on order form), unit size, unit price, extended unit price and total amount of invoice. The original invoice is the official pay document used by the Accounts Payable Department of Dallas ISD. Mail invoice to Food & Child Nutrition Services, Maria Luna Warehouse: 1515 Al Lipscomb Way, Dallas, TX 75215. (See Request for Direct Payment to a Manufacturer, Form #10, enclosed with bid – use only if applicable.)

PRODUCT SUPPORT SERVICES

Dallas ISD will accept any technical support, training, promotional items pertaining to your product.

QUANTITIES

Estimated quantities are listed on the bid form. The District reserves the right to purchase additional quantities of items as listed on this bid subject to verification of the same or lower prices and conditions as bid.

PRICES

Prices should be for the unit specified on the bid. Prices are to remain firm for the duration of the bid period. Payment terms may be considered in determining the successful vendor.

SPECIFICATION FOR PRODUCTS

Please refer to individual specifications for clarification. All products furnished must meet or exceed specifications as listed.

SILENCE OF SPECIFICATIONS

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

DELIVERY SPECIFICATIONS

All deliveries shall be F.O.B. to the Dallas ISD Food & Child Nutrition Services Maria Luna Warehouse: 1515 Al Lipscomb Way, Dallas, TX 75215. Delivery appointments must be made 5 workdays in advance prior to delivery. Normal delivery times are Monday through Friday, 7:30 AM – 1:30 PM CT, depending on availability of appointment times. All deliveries shall be on 40"x48" pallets stacked a maximum of 50" high and weighing a maximum of 3000 pounds. Pallets will be exchanged as needed. There will be a fee for loads that need to be palletized at the dock.

PRODUCT GUARANTEE

Proposer guarantees equipment or product offered will meet or exceed specifications identified in this invitation to bid. The proposer will, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the District. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the proposer will, upon written request from the District, promptly remove such equipment or product without any further expense to the District.

RIGHT OF INSPECTION

DALLAS ISD will have the right to inspect the goods upon deliver before accepting them. Contractor will be responsible for all charges for the return to Contractor of any goods rejected as being nonconforming under the specifications.

PRICE WARRANTY

The price to be paid by Dallas ISD will be that contained in Contractor's bid, 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 will be reduced to Contractor's current prices on orders by others, or in the alternative upon school district's option, DALLAS ISD will have the right to cancel this contract without liability to Contractor for breach or for Contractor's actual expense.

PRODUCT GUARANTEE

Proposer guarantees equipment or product offered will meet or exceed specifications identified in this invitation to bid. The proposer will, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the District. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the proposer will, upon written request from the District, promptly remove such equipment or product without any further expense to the District.

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 of employee of the school district will have a financial interest, direct or indirect, in any contract with Dallas ISD, or be financially interested, directly or indirectly, in the sale to the school district of any land, materials, supplies or services, except on behalf of Dallas ISD or in compliance with the provisions of the Dallas ISD Policies and Procedures Manual. Any violation of this provision will render this contract voidable at the discretion of the school district.

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 will 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 will not constitute a waiver of any covenant or condition to be performed pursuant to this contract.

TITLE AND RISK OF LOSS

The title and risk of loss of goods will not pass to the Dallas ISD until the school district actually receives and takes possession of the goods at the point(s) of delivery, after inspection and acceptance of goods.

PATENT RIGHTS

The vendor agrees to protect the School District from any claim involving patent right infringement or copyrights on goods supplied.

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 school district 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 school district or Contractor.

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.

INDEMNIFICATION

To the fullest extent permitted by applicable law, the contractor and its agents, partners, employees, and contractors (collectively "indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by district, and hold harmless the district, its affiliated enterprises, representatives of the district, and their respective officers, directors, board members, partners, volunteers, employees and agents (collectively "indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of the work or any part thereof which are caused in whole or in part by any negligent act or omission of the contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee.

In the event more than one of the indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility

among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which district or any of the indemnitees has by law.

Contractor shall protect and indemnify the district from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any united states patent, or copyright, arising by or out of any of the work performed hereunder or the use by contractor, or by district at the direction of contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, district shall promptly notify contractor and contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of district's design of articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, district agrees to cooperate reasonably with contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.

The indemnities contained herein shall survive the termination of this Agreement for any reason whatsoever.

Notwithstanding anything to the contrary contained in this Agreement, District and Contractor agree and acknowledge that District is entering into this Agreement in reliance on Contractor's special and unique abilities with respect to performing the Work, and Contractor's special and unique abilities with respect to the provision of these services described herein. The Contractor accepts the relationship of trust and confidence established between it and the District by this Agreement. Contractor covenants with District to use its best efforts, skill, judgment, and abilities to perform the Work and to further the interests of District in accordance with District's requirements and procedures, in accordance with the highest standards of Contractor's profession or business and in compliance with all applicable national, federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. Contractor warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the Work.

The Contractor warrants, represents, covenants, and agrees that all of the Work to be performed by the Contractor under or pursuant to this Agreement shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project.

Contractor warrants, represents, covenants, and agrees that the Work [products] will be accurate and free from any material errors. The Contractor's duties as set forth herein shall at no time be in any way diminished by reason of any approval by the District nor shall the Contractor be released from any liability by reason of such approval by the District, it being understood that the District at all times is ultimately relying upon the Contractor's skill and knowledge in performing the Work [delivery of products].

The Contractor warrants, represents, covenants, and agrees that all persons connected with the Contractor directly in charge of the Work are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction, if so required by such laws, rules and regulations.

The Contractor warrants, represents, covenants, and agrees to call to District's attention anything of any nature in any drawings, products, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Contractor (by the District or any other party) Which it regards in its opinion as unsuitable, improper, or inaccurate in connection with the purposes for which such document or data is furnished. Nothing shall excuse or detract from the Contractor's responsibilities or obligations hereunder in a case where such document or data is furnished unless the Contractor advises District in writing that in its opinion such document or data and any requests made therein for action are unsuitable, improper, or inaccurate and District confirms in writing that it wishes the Contractor to proceed in accordance with the data as originally given.

The Contractor warrants, represents, covenants, and agrees to furnish efficient business administration and superintendence and perform the Work in the best way and in the most expeditious and economical manner consistent with the interests of District.

The Contractor warrants, represents, covenants, and agrees that it shall, at its own cost, make good any defects in the Work [products] as soon as the Contractor becomes aware of such defects or is notified of such defects. Should the Contractor refuse or neglect to make good such defects within a reasonable time after receiving notice requesting such remedial products, then the District shall be entitled to make good such defective products at the expense of the Contractor. This commitment by Contractor is in addition to, and not in substitution for, any other remedy for defective Work which the District may have at law or in equity.

Contractor warrants, represents, and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Agreement, and the individual executing the Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor; or (ii) if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations hereunder; and the individual executing this Agreement on behalf of Contractor has been duly authorized to act for and bind Contractor.

Neither the execution and delivery of this Agreement by Contractor nor the performance of its obligation hereunder will result in the violation of any provision, if a corporation, of its articles of incorporation or by-laws, if a limited liability company, of its articles of organization or regulations, or if a partnership, by any partnership agreement by which Contractor is bound, or any agreement by which

Contractor is bound or to the best of the Contractor's knowledge and belief, will conflict with any order or decree of any court or governmental instrumentality relating to Contractor.

Except for the obligation of District to pay Contractor certain fees and expenses pursuant to the terms of this Agreement, District shall have no liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of District to Contractor, no present or future partner or affiliate of District or any agent, officer, director, employee, or board member of District, The District, or of the components comprising The District, or anyone claiming under District has or shall have any personal liability to Contractor or to anyone claiming through or under Contractor by reason of the execution or performance of this Agreement.

Any provision hereof to the contrary notwithstanding, District shall not be obligated to make any payment to Contractor hereunder if any one or more of the following conditions precedent exist:

Contractor is in breach or default under this Agreement;

Any part of such payment is attributable to Work which is not performed in accordance with this Agreement; provided, however, such payment shall be made as to the part thereof attributable to Work which is performed in accordance with this Agreement;

Contractor has failed to make payments promptly to its Contractors or subcontractors or other third parties used in connection with the Work for which District has made payment to Contractor; or

If District, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the Work in accordance with this Agreement, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the Work so that such portion of the compensation then remaining unpaid is determined by District to be sufficient to so complete the Work.

General Terms & Conditions 1. Responses are to be submitted on the forms provided. One (1) Original, Three (3) Copies, and Two (2) Flash Drives shall

be placed in an envelope, sealed and properly identified with the bid title and delivered to the Procurement Services Office, located at 9400 North Central Expressway, Suite 1510, Dallas, TX 75231 before the hour and date specified. Late RFBs will not be considered under any circumstances.

2. The Award of this bid will go to the lowest, most responsive bidder(s) meeting the minimum specifications. It is our goal to award to one single provider; however, the District reserves the right to award to multiple vendors. Award will be based on whichever is in the best interest of the District. The District reserves the right to consider best interest other than cost. The District reserves the right to award to a local or non-local vendor; whichever is in the best interest of the District.

3. All hourly rate of repair must include service to any Dallas ISD Food and Child Nutrition Services (FCNS) locations and Maria Luna Warehouse (located at 1515 Al Lipscomb Way, Dallas, TX 75215). All information bid must be on the pricing sheets provided in this bid document. This includes Catalog Percent Discounts for items not specified.

4. The District reserves the right to consider other factors than low dollar bid. Factors include but are not limited to individual item price; total price of items; terms; quality of materials; safety; past performance; transportation charges; good business practices; conformance to appropriate local, state, and federal ordinances, statutes, and regulations. Vendor references will be checked for compliance. The District reserves the right to reject any bid in which bidder's references do not indicate previous good business practices. This includes failure to deliver previous awards from other school Districts and Municipalities.

5. Minority/Women Business Enterprise (M/WBE) Policy Endorsement All District respondents are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with minority and women-owned companies. The completed and signed M/WBE Compliance Guidelines & Forms must be attached to all procurement responses totaling $50,000 or more (single transaction or fiscal year aggregate). If the completed and signed M/WBE Compliance Guidelines and Forms are not attached by the due date, responses to the procurement documents will be considered nonresponsive.

6. Prices bid must be F.O.B. Destination (shipping terms under which the seller bears risk until the goods are transported to buyer's dock/department/school, after which risk will pass to the buyer), inside delivery. Bid unit price on quantity specified, extend and show total. In case of errors in extension, unit prices shall govern. Show the exact or estimated cost to deliver if transportation is not included in the item cost. No C.O.D. or collect freight shipments will be accepted.

7. Term of Contract: One (1) Year Agreement with Two (2) One-Year Renewal Options. Bid prices (% discounts) & hourly rate of repairs must be firm for acceptance for the period starting June 25, 2020 through June 24, 2021, pending estimated Board Approval on June 25, 2020 (subject to change). All option years are granted solely by Dallas ISD. All discounts and hourly rate of repair will remain firm for the entire bid period of three (3) years or 36 months. All services procured will be quoted for firm pricing from the awarded vendors prior to any purchase.

8. The District is a public entity and is exempt from Federal Excise Tax, State Tax and local Tax. Do not include tax in bid. If it is determined that tax was included in the bid, it will not be included in the tabulation or any awards and will be deleted from any subsequent invoices. Tax exempt certificates will be furnished upon request. State of Texas number is 1-75- 6001276-7 Outlet Number 167.

9. Requests For Bids (RFB) must show the full name and address of the bidder if different than name and address shown on the bid request. Unsigned RFB's will be disqualified. Person signing bid should show title or authority to bind their firm to a contract.

10. RFBs cannot be altered or amended after opening time. Any alterations made before opening time must be signed by the bidder or his agent. No bid can be withdrawn after the opening time without approval of the Purchasing Agent based on acceptable written reason.

11. Items and all services provided must conform to appropriate local, state, federal ordinances, statutes and regulations governing the manufacture, uses, safety, and sale.

12. The District reserves the right to accept or reject all or any part of any bid, waive minor technicalities and award the bid to best serve the interest of the District. The District reserves the right not to purchase any item or any award line Item on this price agreement.

13. The District reserves the right to purchase additional quantities of items or services as listed on this bid subject toverification of the same or lower prices and conditions as bid.

14. Any catalog, brand name or manufacturer's reference used in the bid is descriptive – not restrictive. It is intended toindicate type and quality desired. RFBs on brands of like nature and quality will be considered. If bidding on other thanreferenced specifications, bid must show manufacturer, brand model, etc. of article offered. If other than brand(s)specified is offered, complete descriptive information of each article being bid must be included with the bid. If biddertakes no exception to specifications or reference data, the bidder will be required to furnish brand names, models, etc. asspecified. Articles delivered that are determined by the District not to be of equal or comparable quality of the requestedarticles shall be picked up by the vendor at no expense to the District.

15. All items must be new, in first class condition, including containers suitable for shipment and storage, unless otherwiseindicated on the bid.

16. Samples of equipment, and or demonstrations, if requested must be furnished at no cost to the District. Failure to providea sample or demonstration will result in your response being deemed non-responsive. If not destroyed in examination, thesamples will be returned to the bidder on request at the bidder's expense. Each sample or demonstrations, whenrequested must be at a location in complete working order.

17. Delivery: Bid must show the number of days required to deliver the articles to the specified location under normalconditions after receipt of an order. Failure to state the delivery time obligates the bidder to make delivery in fourteen (14)calendar days. Delivery shall be placed inside the school building in room or rooms as designated at no additional charge.The District cannot and will not accept tailgate delivery at a school entrance unless specified otherwise. The right isreserved to reject incorrect or damaged shipments.

18. Installation: If required the successful bidder shall provide the following services and requirements at no additional costabove the initial bid price on machinery, appliances and furniture. Provide transportation of the items to the building,locating the items in the proper location within the building, uncrating, complete assembly and adjustment by a trainedinstallation mechanic and removal of all debris. Machinery is to be complete and made ready for electrical and/or fluidservice connection by the District. After connection, make the machine ready, start up, check out, and correct anymalfunction of the equipment. Provide all materials, equipment and labor to place machinery in top operating condition orto fully assemble furniture.

19. The District makes payment thirty (30) days upon receipt of a properly executed invoice and verification of delivery fromthe consignee. This includes a valid purchase order number. Discounts, if offered, will be calculated from the date ofdelivery or date of invoice, whichever is most current. All purchases made by Food Services will be billed directly to thatFood and Child Nutrition and paid by Food and Child Nutrition Accounts Payable Department, who may be reached byphone at 214-932-5500, by email at [email protected], or by mail at 1515 Al Lipscomb Way, Dallas, TX 75215.

20. By signing and executing this bid, the bidder certifies and represents to the District that Bidder has not offered, conferred,or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage,information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid.

21. Bidder further certifies and represents that Bidder has not violated any state, federal, local law, regulation or ordinancerelating to bribery, improper influence, collusion, discrimination or other similar crimes and all items or services providedor delivered under any award shall conform hereto.

22. In signing this bid form, the Bidder certifies that to the best of their knowledge no company employee, either full or parttime, owner, official, stockholder, subcontractor, or members of their immediate family, are members of the Board ofEducation or an employee of the District.

23. Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states "a person or businessentity that enters into a contract with a school district must give advance notice to the district if the person or an owner oroperator of the business entity has been convicted of a felony. The notice must include a general description of theconduct resulting in the conviction of a felony."

24. The Bidder, if awarded a contract relative to this bid, hereby assigns to the District any and all claims for overchargesassociated with a contract which arises under the Antitrust Laws of the United States, 15 U.S.C.A Sec. 1 et seg. (1973).

25. The District reserves the right to request and inspect financial records relative to this bid or subsequent award for a periodof five (5) years after the ending date of any agreement resulting from this process.

26. All information required on the pricing sheet must be shown as requested on pricing sheet only. Otherwise, your bidresponse may not be considered or tabulated. The signed original bid, three (3) copies, and two (2) flash drives shall

include signed M/WBE documents, signed cover sheets, and all required TDA Compliance Forms information.

27. The District will not accept quotes on vendor's letterhead for submitting bid pricing. All attachments and compliancedocuments are due at bid opening. Otherwise your bid will not be tabulated. Failure to provide any required informationwill deem your bid non-compliant.

28. Late offers will not be considered under any circumstances. Late offers include delivery after specified time and hour,irrespective of the delivery method, location and carrier or otherwise. Bidder is solely responsible for the bid beingdelivered and time stamped as specified.

29. There is to be no contact between bidders and user department or Board Members, except as provided by DALLAS ISDBoard Policy CH (Local) during the bidding process or evaluation process, except for sample instructions. Any attempt bythe bidder to contact the departments or Board Members could result in their bid being disqualified. If there are anyquestions pertaining to this bid, please submit your questions in writing & fax information to 972-925-4119 C/O KellyCarey or e-mail [email protected].

Board Members as of April 1, 2020 include the following:Michael Hinojosa, SuperintendentDan Micciche, Board 1st Vice President Karla Garcia, Board Secretary Ben Mackey, Board MemberMiguel Solis, Board Member

Justin Henry, Board President Edwin Flores, Board 2nd Vice President Joyce Foreman, Board MemberDustin Marshall, Board MemberMaxie Johnson, Board Member

Offeror’s Initials ___________________

THIS PAGE MUST BE INITIALED AND RETURNED WITH RESPONSE


Supplemental Terms & Conditions 1. INDEPENDENT CONTRACTOR - Contractor will operate hereunder as an independent contractor and not as an officer, agent, servant

or employee of Dallas ISD. Contractor will have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and will be solely responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants.

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

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 of employee of the school district will have a financial interest, direct or indirect, in any contract with the DALLAS ISD, or be financially interested, directly or indirectly, in the sale to the school district of any land, materials, supplies or services, except on behalf of the DALLAS ISD or in compliance with the provisions of the Dallas ISD Policies and Procedures Manual. Any violation of this provision will render this contract voidable at the discretion of the school district.

4. SEVERABILITY - In case any one or more of the provisions contained in this contract will for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of this contract, and this contract will be construed as if such Iivalid, 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 will 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 will not constitute a waiver of any covenant or condition to be performed pursuant to this contract.

7. LOSS OF FUNDING AND COMMITMENT OF CURRENT REVENUE - District shall have the continuing right to terminate this Agreement at the end of each fiscal year or end of the special revenue fund or grant during the term of the Agreement with regard to any services to be performed after the end of such fiscal year or end of the special revenue fund or grant, without District incurring any liability to Contractor as result of such termination, including early termination charges. If District terminates this Contract pursuant to this paragraph, Contractor will have the right to collect and retain payment for services rendered to District through termination date but shall not be entitled to any early termination charges. Termination of the Agreement under this paragraph is to be considered Termination for Non-Appropriation of Funds. Dallas Independent School District reserves the right to cancel any resulting contract with a thirty (30) day written notice, without prejudice, for factors including but not limited to non-availability or non-appropriation of funds.

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

9. PLACE OF DELIVERY - The place of delivery will be set forth in the block of the purchase order or purchase change order entitled "Ship to.”

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

11. FORCE MAJEURE - Contractor will not 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 will immediately give written notice to the 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 - DALLAS ISD will have the right to inspect the goods upon deliver before accepting them. Contractor will 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 DALLAS ISD will, until the expiration of three (3) 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 school district will have access, during normal working hours, to all necessary Contractor facilities, and will be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. The DALLAS ISD will give Contractor reasonable advance notice of intended audits.

14. PRODUCT GUARANTEE - Proposer guarantees equipment or product offered will meet or exceed specifications identified in this invitation to bid. The proposer will, upon request, replace any equipment or product proved to be defective and make any and all adjustments necessary without any expense to the District. If at any time, the equipment or product cannot satisfactorily meet the requirements of the specifications, the proposer will, upon written request from the District, promptly remove such equipment or product without any further expense to the District.

15. PATENT RIGHTS: The vendor agrees to protect the School District from any claim Involving patent right infringement or copyrights on goods supplied.

16. PRICE WARRANTY - The price to be paid by the DALLAS ISD will be that contained in Contractor's bid, 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 will be reduced to Contractor's current prices on orders by others, or in the alternative upon school district's option, DALLAS ISD will 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 will 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 will be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications will be made on the basis of this statement.

19. INDEMNIFICATION - Contractor does hereby agree to waive all claims; release, indemnify and both hold harmless the school district, 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 school district against any and all such claims and demands.

20. NON-DISCRIMINATION - Contractor will not discriminate against any employee or applicant for employment of Contractor or of the school district because of race, age, color, religion, sex, national origin, ancestry, disability, or place of birth. Contractor will take action to ensure that all persons are employed and/or treated without regard to their race, age, color, religion, sex, national origin, ancestry, disability, or place of birth. This action will include, but not be limited to the following: employment, promotion, demotion, transfer, working conditions, recruitment, layoff, termination, rates of pay or other forms of compensation, and training opportunities.

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 DALLAS ISD property and facilities are a "drug free zone." No one may use, consume, carry, transport, or exchange tobacco, cigarettes, or Illegal drugs while in a school district building or while on school district property. The responding company and its employees will adhere to this policy.

23. TERMINATION FOR DEFAULT - DALLAS ISD 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 bid specifications. In the event of termination, the school district 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 bid to the next lowest responsible proposer. Any such act by the school district will not be deemed a waiver of any other right or remedy. If after exercising any such remedy, the cost to school district 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 will be liable for and will reimburse the school district for such excess. Proposers will for this purpose, keep their RFB's open and prices fixed for a period of 90 days following the award of this bid.

24. TERMINATION WITHOUT CAUSE - DALLAS ISD will have the right to terminate the contract, in whole or in part, without cause any time upon thirty (30) days prior written notice. Upon receipt of a notice of termination, the Contractor will promptly cease placing orders and all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. DALLAS ISD will 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 school district 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 school district or Contractor.

26. 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.

27. VENUE - This Contract shall be enforceable in Dallas County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Dallas County, Texas.

Minority/Women Business Enterprise (M/WBE) Policy Endorsement PLEASE READ BEFORE COMPLETING THE M/WBE COMPLIANCE GUIDELINES AND FORMS

All district respondents are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with minority and women-owned companies. The completed and signed M/WBE Compliance Guidelines & Forms must be attached to all procurement responses totaling $50,000 or more (single transaction or fiscal year aggregate). If the completed and signed M/WBE Compliance Guidelines and Forms are not attached by the due date, responses to the procurement documents will be considered nonresponsive.

Instructions for Completing the M/WBE Compliance Guidelines and Forms

At Bid/Proposal Time:

1. Include the M/WBE Compliance Guidelines and Forms and all M/WBE supporting documentation (M/WBE Certificates, Affirmative Action/Supplier Diversity Plan, Joint Venture Agreement, Mentor Protege Agreement, etc.) within the M/WBE section. Evaluation will be based upon the documentation provided within the M/WBE section. Submit the completed and signed M/WBE Compliance Guidelines & Forms by the due date.

No Proposal will be accepted after date and time stated as a due date for accepting Proposals. Late Proposals will not be accepted and will be returned unopened. No oral, telegraphic, telephonic, digital or facsimile proposals.

Offeror’s Initials ___________________

THIS PAGE MUST BE INITIALED AND RETURNED WITH RESPONSE

REQUIRED DOCUMENTS

Compliance Forms

These documents must be completed, signed, and submitted with your bid packet at Bid Opening. Otherwise, your bid will not be considered or tabulated.

Compliance Forms M/WBE Compliance Guidelines and Forms M/WBE compliance forms should be attached to all bids/proposals totaling $50,000 or more and are due with the bid/proposal at the time of bid opening. All bids of $50,000 or more shall contain the M/WBE Compliance Guidelines and Forms at the time of bid opening. Bidders/proposers who will subcontract out portions of the work must attach the signed Letter of Intent to Subcontract.

EDGAR Certifications • HB 89 • Form 1295 • Conflict of Interest Statements • CIQ Form • Family Conflict of Interest • Vendor Conflict of Interest The policy of Dallas Independent School District (Dallas ISD) Purchasing Department (CHE) with respect to conflict of interest requires that vendors and all District employees avoid any conflict between their personal interest and the interest of Dallas Independent School District in dealing with suppliers, customers, and all other organizations or individuals doing or seeking to do business with Dallas Independent School District.

Certification Regarding Debarment, Suspension, Inedibility, and Voluntary Exclusion & U.S.D.A. Certification Regarding Debarment These certifications are required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017.510, Participants responsibilities. The regulations were published as Part IV of the January 30, 1999, Federal Register (pages 4722 – 4733). Copies of the regulation may be obtained by contacting the Department of Agriculture agency with which this transaction originated.

Certification regarding Disclosure of Lobbying Activities In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29.

Campaign Contribution Disclosure Form & Compliance with Buy American This form must be included in your response and must be filled by any prospective contractor whether or not they, their family, or their representative has made any contributions subject to disclosure. The Buy American provision, set out in 7 CFR Part 210.21(d), requires participants in the National School Lunch Program and School Breakfast Program to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products.

Certification Regarding Texas Family Code As per Section 14.52 of the Texas Family Code, added by SB 84, Acts, 73rd Legislature, RS (1993), all bidders must complete and submit with the bid the following affidavit.

Felony Conviction Notification “Under Section 44.034, Subsection (a), Texas Education Code, the undersigned Contractor certifies that the person or owner or operator, including employees or agents of the business entity named in this bid or contract, have not been convicted of a felony, unless a completed ‘Felony Conviction Notification Form’ from the Purchasing Department is attached as an Exhibit to this agreement. The contractor agrees to comply with all applicable state laws and Board policies regarding criminal background checks. Before entering into a contract with the District, Contractor must give notice to District if Contractor, or any employee of subcontractor has been convicted of a felony. District may terminate this Agreement if the District determines that Contractor failed to give such notice or misrepresented the conduct resulting in the conviction. Contractor may also be subject to debarment. Contractor shall assume all expenses associated with the background checks, where necessary, and shall immediately remove any employee or agent who was convicted of a felony, as defined by Texas law, from District property or other location where students are regularly present. The District shall be the final decider of what constitutes a “location where students are regularly present.” Contractor’s violation of this section shall constitute a default for cause. If the Contractor is the owner or sole operator of the business entity, that individual may not self-certify regarding the criminal history record information and its review. Contractor must submit original evidence of criminal history record information acceptable to the District with this Agreement showing compliance.

Clean Air and Clean Water Act The contractor shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 USC 1857(h)), Section 508 of the Clean Water Act, as amended (33 USC 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFD part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement.

EPCNT – Interlocal Agreement With a vision of cooperating together to improve their procurement power on like products and services, the Educational Purchasing Cooperative of North Texas (EPCNT) became a reality in 2002 through the coordinated efforts of North Texas public school districts. EPCNT is comprised of public school districts, charter schools, and Region Service Centers located in the Region X and XI Education Service Center areas.

Resident Vendor Certification In order for proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal. As defined by Texas House Bill 602, a “nonresident vendor” means a vendor whose principal place of business is not in Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas.

Form 1295 – Disclosure of Interested Parties

Effective January 1, 2016, Dallas ISD must comply with the “Disclosure of Interested Parties” requirements mandated by HB1295 as implemented by the Texas Ethics Commission. Briefly stated, you may not execute a contract for goods or services exceeding $1,000,000 until the vendor presents you with a signed form disclosing interested parties to the contract. Vendors may be unaware of these requirements and successful implementation may require some outreach and education by you so that your contracting process can be successfully navigated and large contracts executed timely.

Texas Ethics Commission (TEC) adopted rules for business entity completion and filing of Form 1295 with the TEC and for serving Form 1295 on the governmental entity or state agency (“Chapter 46 Rules”). The Chapter 46 Rules may be found on the TEC website at: https://www.ethics.state.tx.us/rules/commission/ch46.php

Form 1295 can only be completed on the TEC website. TEC video tutorials explaining the mechanics of completing and filing Form 1295, and TEC FAQs regarding HB 1295, may be found on the TEC website at: https://www.ethics.state.tx.us/filinginfo/1295/

Disclosure Requirements

• Before Dallas ISD may execute certain contracts exceeding $1,000,000, the Business Entity (“Vendor”) with which Dallas ISD is contracting with must submit Form 1295 to Dallas ISD at the same time the Vendor submits the signed contract to the institution for counter signature of the contract. “Business Entity” is defined as an entity (other than a governmental entity or state agency) through which business is conducted, regardless of whether the entity is for-profit or nonprofit.

• This requirement applies to contracts (including contract amendments, renewals, and extensions) that: 1. Require action or vote by the Board of Regents, or 2. Have a value of at least $1,000,000. (Each contract should be values as described in Rule 10501

Sections 3.1.1 and 3.1.2 of the Board of Regents Rules and Regulations.)

Automated Disclosure Process

By January 1, 2016, the Texas Ethics Commission will provide an automated disclosure process that both the Vendor and Dallas ISD will use to comply with the disclosure requirements. Access to the electronic disclosure process will be posted at https://www.ethics.state.tx.us/filinginfo/1295/ which currently contains a link to Form 1295.

Disclosure Procedure (as currently understood)

• Step 1: Vendor completes FORM 1295 in electronic format on the Texas Ethics Commission website. • Step 2: Upon receipt of a completed disclosure, Texas Ethics Commission issues a Certification of Filing to the

Vendor, and the Vendor downloads, signs and notarizes FORM 1295. • Step 3: Vendor submits, with the contract, the signed and notarized FORM 1295, along with the Certification of

Filing, to the Dallas ISD. Upon receipt, you may proceed with execution of the contract. • Step 4: Not later than the 30th day after the date the contract has been signed by all parties, you must notify the

Texas Ethics Commission (in electronic format) of the receipt of (1) FORM 1295, and (2) the Certification of Filing. • Step 5: Not later than the 7th business day after receipt of tire above notice, Texas Ethics Commission makes

the disclosure available to the public by posting the disclosure on its website.

Contents of Disclosure

Form 1295 requires Vendors to provide the following information:

1. Name of Business Entity; 2. Address of Business Entity place of business; 3. Name of Dallas ISD; 4. Identification number used by the Dallas ISD to identify the contract; 5. Description of goods or services provided under the contract; 6. Name, address and nature of interested parties (Controlling Interest and/ or Intermediary); 7. If none, a representation that there are no Interested Parties; 8. Signature of authorized representative of Business Entity; and 9. Acknowledgment by a Notary Public.

https://www.ethics.state.tx.us/rules/commission/ch46.php

https://www.ethics.state.tx.us/filinginfo/1295/

https://www.ethics.state.tx.us/filinginfo/1295/

EDGAR CERTIFICATIONS

THESE PAGES MUST BE COMPLETED AND RETURN WITH YOUR PROPOSAL AT BID OPENING TO WHOM IT MAY CONCERN:

The following certifications and provisions are required and apply when DALLAS ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when DALLAS ISD expends federal funds, DALLAS ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when DALLAS ISD expends federal funds, DALLAS ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. DALLAS ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if DALLAS ISD believes, in its sole discretion that it is in the best interest of DALLAS ISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by DALLAS ISD as of the termination date if the contract is terminated for convenience of DALLAS ISD. Any award under this procurement process is not exclusive and DALLAS ISD reserves the right to purchase goods and services from other vendors when it is in DALLAS ISD’s best interest. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when DALLAS ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when DALLAS ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when DALLAS ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by DALLAS ISD resulting from this procurement process. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by DALLAS ISD, the vendor certifies that during the term of an award for all contracts by DALLAS ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by DALLAS ISD, the vendor certifies that during the term of an award for all contracts by DALLAS ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by DALLAS ISD, the vendor certifies that during the term of an award for all contracts by DALLAS ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by DALLAS ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by DALLAS ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a 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 person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

(J) Procurement of Recovered Materials – When federal funds are expended by Dallas ISD, Dallas ISD and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to Federal Rule (J) above, when federal funds are expended Dallas ISD as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor (K) Required Affirmative Steps for Small, Minority, And Women-Owned Firms for Contracts Paid for with Federal Funds – 2 CFR § 200.321 – When federal funds are expended by Dallas ISD, Vendor is required to take all affirmative steps set forth in 2 CFR 200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by DALLAS ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The Vendor further certifies that Vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS IN EXCESS OF $100,000 OF FEDERAL FUNDS When federal funds are expended by Dallas ISD for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When DALLAS ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF NON-COLLUSION STATEMENT Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor’s Name: _____________________________________________________________________________________________ Address, City, State, and Zip Code: _____________________________________________________________________________________________ Phone Number: __________________________________ Fax Number: _________________________________ Printed Name and Title of Authorized Representative: _____________________________________________________________________________________________ Email Address: _____________________________________________________________________________________________

Signature of Authorized Representative: ___________________________________ Date: _________________

THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL AT BID OPENING

CERTIFICATION OF TEXAS HOUSE BILL 89 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

The State of Texas Enacted Texas House Bill 89 in the 85th legislative session and the act was signed into law by the Governor of Texas on May 2, 2017. This law becomes effective September 1, 2017. As a political subdivision of the State of Texas we are required to have written verification in our contracts ensuring that the company we are contracting with:

• Does not boycott Israel; and • Will not boycott Israel during the term of the contract.

As defined in Texas House Bill 89. Please review the language at the link below and verify that your company is in compliance. https://capitol.texas.gov/tlodocs/85R/billtext/html/HB00089I.htm I have reviewed Texas House Bill 89 pertaining to “Contracts with Companies Boycotting Israel”. I hereby certify my company does not boycott Israel and will not boycott Israel during the term of this contract, as defined in Texas House Bill 89. _________________________________________________ Name of Company _________________________________________________ Supplier _________________________________________________ Title of Authorized Individual _________________________________________________ Date


https://capitol.texas.gov/tlodocs/85R/billtext/html/HB00089I.htm

COMPLIANCE WITH BUY AMERICAN PROVISION

The Buy American provision, set out in 7 C.F.R. Part 210.21(d), requires participants in the National School Lunch Program and School Breakfast Program to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. “Substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Vendor certifies that, in compliance with the Buy American provision, its products are “domestic commodities or products” as defined by 7 C.F.R. § 210.21(d).

__________ Initials of Authorized Representative of Vendor Vendor further certifies that its product(s): _____________________________________________________ have at least _______% U.S.content. Alternatively, Vendor hereby acknowledges its products DO NOT comply with the Buy American provision, set forth in 7 C.F.R. § 210.21(d).

__________ Initials of Authorized Representative of Vendor

REQUEST FOR EXCEPTION FROM THE BUY AMERICAN PROVISION Exceptions to the Buy American provision should be utilized as a last resort; however, an exception may be approved upon request. If Vendor did not certify compliance with the Buy American provision above, it may request an exception by checking one or both of the following grounds for an exception.

The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality. The costs of a U.S. product are significantly higher than the non-domestic product.

Vendor certifies that it submits this request for an exception from the Buy American provision in good faith and with the reasonable belief that: (a) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; and/or (b) the costs of a U.S. product are significantly higher than the non-domestic product.

YES __________ Initials of Authorized Representative of Vendor

Company Name ___________________________________________________________________________________

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

*** (2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which

you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the directionof the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

7

Signature of vendor doing business with the governmental entity Date

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS

I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

(a) In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29, the offeror certifies to the best of the offeror’s knowledge and belief, that it and its principals:

(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or Local Government department or agency;

(2) have not within a three (3) year period preceding this offer been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local with commission of any of the offenses enumerated in (a)(2) above; and

(4) have not within a three (3) year period preceding this offer had one or more public transactions (Federal, State, or Local) terminated for cause or default.

(b) Where the offeror is unable to certify to any of the statements above, the offeror shall attach a full explanation to this offer.

(c) For any subcontract at any tier expected to equal or exceed $25,000:

(1) In accordance with the provisions of Appendix B to 49 CFR, Part 29, the prospective lower tier subcontractor certifies, by submission of this offer, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to the statement above, an explanation shall be attached to the offer.

(3) This certification (specified in paragraphs (c)(1) and (c)(2) above) shall be included in all applicable subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required to furnish copies of the certifications to the Authority upon request.

II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK

(a) Offeror must give advance notice to the Owner if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate any Agreement or if the Owner determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation.

(b) Offeror will obtain criminal history record information that relates to an employee, applicant for employment, or agent of the Offeror if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Offeror certifies to the Owner before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Offeror shall assume all expenses associated with the background checks, and shall immediately remove and employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from Owner property or other location where students are regularly present. District shall be the final decider or what constitutes a “location where students are regularly present.” Offeror’s violation of this section shall constitute a substantial failure.

(c) If the Offeror is the person or owner or operator of the business entity, that individual may not self-certify regarding the criminal history record information and its review, and must submit original evidence acceptable to the District with this Agreement showing compliance.

Signature below acknowledges compliance with Section I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION and Section II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK.

SIGNATURE OF OFFEROR: ___________________________________ DATE: ________________

PRINTED/TYPED NAME OF OFFEROR: ______________________________________________________

COMPANY NAME: __________________________________________ TEL #: ________________________


FAMILY CONFLICT OF INTEREST QUESTIONNAIRE

This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services.

The questionnaire(s) required by this policy shall be filed with the Director of Purchasing not later than the seventh (7th) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts.

Family or family relationship means a member of an individual’s immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings.

For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services:

Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee’s family) (please include name and sufficient information that will allow proper identification of any named individual):

For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services:

Identify each and every full-time District employee (and any member of the employee’s family) who serves as an officer or director of the entity, or holds an ownership interest of 10 percent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual):

If more space is required, please attach a second page. If the answer to any question is none, or not applicable, please write “None” or “Not Applicable” in the space reserved for that answer.

“I certify that the answers contained in this questionnaire are true and correct.”

Individual ____________________________________________________ Date _________________________________

Entity ________________________________________________________

Signature _____________________________________________________ Date ________________________________

Title __________________________________________________________

Certified this ____________ day of _______________________, 20_______, by _________________________________ Notary Public

________________________________ Notary Seal


VENDOR CONFLICT OF INTEREST QUESTIONNAIRE

The policy of Dallas Independent School District (Dallas ISD) Purchasing Department (CHE) with respect to conflict of interest requires that vendors and all District employees avoid any conflict between their personal interest and the interest of Dallas Independent School District in dealing with suppliers, customers, and all other organizations or individuals doing or seeking to do business with Dallas Independent School District. In furtherance of this policy, Dallas Independent School District requires that competitive bidding be used in the procurement of materials, supplies, equipment and contractual services.

It is not practicable to enumerate all situations which might be in conflict with this policy. Any vendor who believes he or she may be in violation of the conflict of interest policy shall inform the General Superintendent, who shall attempt to resolve the conflict. Should the General Superintendent be unable to resolve the conflict, he shall request that the Board review the activity to determine whether or not the situation constitutes a violation of the conflict of interest policy.

I, _________________________________________________________, (Print or Type Name)

I do hereby affirm that I have read the Dallas Independent School District Purchasing Department’s policy above, on conflict of interest and that I shall conform to such statement.


U.S. DEPARTMENT OF AGRICULTURE

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

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017.510, Participants Responsibilities. The regulations were published as Part IV of the January 30, 1999, Federal Register (pages 4722 – 4733). Copies of the regulation may be obtained by contacting the Department of Agriculture agency with which this transaction originated.

[Before completing certification, read attached instructions]

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

______________________________

Organization Name

______________________________

Name and Title of Authorized Representative

______________________________

Signature Date


CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Please sign and include this form in your response.

A prospective contractor seeking to enter into a contract with the Dallas Independent School District (“the District”) must file this form with the District’s Purchasing Department. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member, or a representative of the prospective contractor has made a campaign contribution to any current Board of Education member of the District during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor, to the current Board of Education member of the District exceeds two hundred and fifty ($250) over the two year period.

Furthermore, the District may cancel a solicitation or proposed award for a proposed contract, or a contract that is executed may be terminated if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or any other thing of value to any Board of Education member of the District during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed CAMPAIGN CONTRIBUTION DISCLOSURE FORM.

THIS FORM MUST BE INCLUDED IN THE RESPONSE AND MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Campaign Contribution” means a gift, subscription, loan, advance, or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law of (a) a prospective contractor, if the prospective contractor is a natural person; or (b) an owner of a prospective contractor.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

“Prospective contractor” means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or a person or business that is not required to submit a competitive sealed proposal because that person or business qualifies for a sole source or small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor, or an employee or agent of the prospective contractor acting on behalf of the prospective contractor.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR

Contribution(s) made by: ________________________________________________________________

Relation to Prospective Contractor: ________________________________________________________________

Date(s) Contribution(s) Made: ________________________________________________________________

Amount(s) of Contribution(s): ________________________________________________________________

Nature of Contribution(s): ________________________________________________________________

Purpose of Contribution(s): ________________________________________________________________

(Attach extra pages if necessary)

_______________________________________________________ ________________________________ Signature Date

_______________________________________________________ Title

– OR – NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED AND FIFTY DOLLARS ($250) WERE MADE to any applicable Board of Education member of the District by me, a family member or representative of this prospective contactor

.

_______________________________________________________ ________________________________ Signature Date

_______________________________________________________ Title


INTERLOCAL AGREEMENT CONSENT FORM 1.0 INTERLOCAL AGREEMENT CLAUSE: With a vision of cooperating together to improve their procurement power on like products and services, the Educational Purchasing Cooperative of North Texas (EPCNT) became a reality in 2002 through the coordinated efforts of North Texas public school districts. EPCNT is comprised of public school districts, charter schools, and Region Service Centers located in the Region X and XI Education Service Center areas.

2.0 AUTHORITY: EPCNT is based on the authority contained in the Interlocal Cooperation Act, Texas Government Code Section 791 seq. and in Subchapter F of Chapter 271 of the Texas Local Government Code. The provisions of Chapter 791 of the Texas Government Code and the provisions of Subchapter F of Chapter 271 of the Texas Local Government Code are incorporated in the Master Agreement and this Master Agreement shall be interpreted in accordance with those laws.

3.0 DUTIES OF THE MEMBERS: The members agree to undertake the following, from time to time, as may be appropriate:

3.1 Coordinate and host multi-governmental entity solicitations for purchase of goods and services from third party vendors, as may be determined from time to time to be cost effective and provide efficiencies as consolidated purchases.

3.2 Make available specifications, documents, software, procedures and related items in connection with bidding and purchasing processes.

3.3 Actively participate in and provide support to meetings and other activities conducted by the EPCNT.

3.4 Maintain as confidential, subject to the Texas Public Information Act, information supplied by Parties to the EPCNT and deemed by the EPCNT to be confidential.

4.0 PURCHASING AUTHORITY:

4.1 All district or cross-district contracts for the purchase of goods and services, regardless of whether formed as a result of EPCNT activity or interaction shall be directly between the Members or Participants or combinations of the Parties and Vendors providing goods and services to the associated governmental entities.

4.2 The EPCNT, in and of itself, shall not have any authority to make purchases of goods and services directly with vendors or contractually binds its Members or Participants to any third party agreements (except for the Interlocal Participation Agreement described above) for the purchase of products and services GOVERNING LAW.

4.3 The Master Agreement and all actions taken pursuant to this Master Agreement shall be governed by the laws of the State of Texas respecting independent school districts. Members specifically elect to be governed by the laws regarding purchasing found in Chapter 44 of the Texas Education Code and Federal regulations found in 2 CFR 200 and Texas Department of Agriculture ARM Section 17 as amended as well as any other applicable statute or regulation. All action of this alliance shall be governed by the laws of the State of Texas and venue for any litigation regarding this Agreement or the Parties hereto shall be in Dallas County, Texas.

5.0 AGREEMENT CONSENT ACKNOWLEDGEMENT: Several governmental entities around the Dallas Independent School District have indicated an interest in being included in this contract. Should these government entities decide to participate in this contract, would you (the vendor) agree that all terms, conditions, specifications, and pricing would apply?

Yes No

If you (the Vendor) checked yes, the following would apply: Governmental entities utilizing Internal Governmental contracts with the Dallas Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than Dallas Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Dallas Independent School District will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/service as needed. A listing of current members is available at http://www.epcnt.com.

________________________________________ _________________________________ _____________ Printed Name Signature Date


http://www.epcnt.com/

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction or a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by subsection (a) or misrepresented the conduct resulting in the conviction, The district must compensate the person or business for services performed before the termination of the contract.

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Signature of Vendor: ___________________________________________ Date: __________________________

Printed/Typed Name: ___________________________________________

Please sign the statement that applies to your company.

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

Signature of Company Official: _____________________________________________

2. My firm is not owned nor operated by anyone who has been convicted of a felony.


3. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.



CERTIFICATION REGARDING TEXAS FAMILY CODE

As per Section 14.52 of the Teas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit.

I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment plan. I understand that under this is, a sole proprietorship, partnership corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement NOT eligible to bid or receive a state contract.

____________________________________________________________________ Name of Potential Vendor

____________________________________________________________________ Address

____________________________________________________________________ Name and Title of Authorized Representative

____________________________________________________________________ ___________________ Signature Date

THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR BID PROPOSAL AT BID OPENING

CLEAN WATER AND CLEAN AIR ACT

I, the Vendor, am in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air and Water Act of 1970, as Amended (42 U.S.C. 1857(h)) Section 508 of the Clean Air Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement and Compliance Assurance.

____________________________________________________________________ Name of Potential Vendor

____________________________________________________________________ Address


____________________________________________________________________ ___________________ Signature Date


RESIDENT VENDOR CERTIFICATION

In order for a proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal.

As defined by Texas House Bill 602, a “nonresident vendor” means a vendor whose principal place of business is not in Texas but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in Texas. I certify that my company is a “resident vendor.”

____________________________________________________________________ ___________________ Signature Date

If you qualify as a “nonresident vendor,” you must furnish the following information:

What is your resident state? (The state your principal place of business is located.)

__________________________________________________ _____________________________________________ Company Name of Representative

________________________________________ ________________________ ___________ _____________ Address City State Zip

1. Does your “residence state” require vendors whose principal place of business is in Texas to underbid vendors whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? “Residence state” means the state in which the principal place of business is located.

Yes No

2. What is the amount or percentage? ____________________________

I certify that the above information is correct.


____________________________________________________________________ ___________________ Signature Date


INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include CongressionalDistrict, if known. Check the appropriateclassification of the reporting entity that designatesif it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10.(a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensationpaid or reasonablyexpectedto be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriatebox(es). Check all boxes that apply. If paymentis made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detaileddescription of the services that the lobbyist has performed, or will be expectedto perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the PaperworkReduction Act, as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

Deviation/Compliance Form If the undersigned supplier intends to deviate from the General Conditions, Standard Terms and Conditions, or Item Specifications listed in this document, all such deviations shall be listed on this page, with complete detailed conditions and information included or attached. The District will consider any deviations in its award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.

Notwithstanding, the District is not bound by any of the deviations, and the District’s acceptance of any bid shall not be construed as the District’s acceptance of the deviations. The District retains the sole right to reject any deviations after and acceptance of any bid during the contract negotiations.

In the absence of any deviation entry on this form, the Offeror assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this document.

Please list all deviations below. Attach additional sheets, if needed.

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

By signing below, I certify that the proposal I am submitting does ______ does not _______ deviate from the General Conditions, Standard Terms and Conditions, or Item Specifications listed in this document. If deviating from the specifications, all such deviations are listed on this page, with complete detailed conditions and information included or attached. Any attachments to this form are identified as continuation of the deviations to this RFB.


____________________________________________________________________ ___________________ Signature Date


Minority/Women Business Enterprise (M/WBE) Compliance Guidelines and Forms

To be completed and signed by the Prime Vendor/Contractor

Bid/RFP No: Title:

Company Name:

Company Address:

City: State: Zip:

Contact Person/Authorized Agent: Phone No:

Email Address:

The undersigned authorized agent agrees that he/she has read and understood the M/WBE Compliance Guidelines and Forms and that all information is correct to the best of his/her knowledge.

Signature: Date:

For additional information regarding this form, contact: M/WBE Department, 9400 N. Central Expressway, 15th Fl. Suite 1510, Dallas, TX 75231

Phone: (972) 925-4140, Website: www.dallasisd.org/mwbe

Please read carefully: The M/WBE Program requirements are applicable to all bidders/proposers. All bidders/proposers, including minority and women-owned companies, are required to complete, sign, and attach these forms to the procurement document. If the completed and signed M/WBE Compliance Guidelines & Forms are not attached by the due date, responses to the procurement document will be considered nonresponsive.

http://www.dallasisd.org/


M/WBE Compliance Guidelines and Forms To be completed by the Prime Vendor/Contractor

The M/WBE Compliance Guidelines and Forms Must be Completed, Signed and Attached to the Procurement Document

Page 2 Form #3000 Date Issued: 12/4/2019

PLEASE READ BEFORE COMPLETING THE M/WBE COMPLIANCE GUIDELINES and FORMS. Minority/Women Business Enterprise (M/WBE) Policy Endorsement It is a continuing goal of the district to involve minority and women-owned businesses (M/WBE) to the maximum extent possible in all facets of the district’s contracting and purchasing activities. The completed and signed M/WBE Compliance Guidelines & Forms must be attached to the procurement document. If the completed and signed M/WBE Compliance Guidelines and Forms are not attached by the due date, responses to the procurement document will be considered nonresponsive.

General Information regarding the M/WBE Compliance Guidelines and Forms 1. The district’s aspirational M/WBE goal is 30 percent for goods, services, and construction contracts. The aspirational

M/WBE goal for bond funded professional service contracts is 35 percent. Please note, the district may assign a contract specific M/WBE goal. The M/WBE goal is applicable to any change orders, additional services, modifications or revisions to the original contract. Review your solicitation documents.

2. The district recognizes M/WBE certifications issued by the North Central Texas Regional Certification Agency (NCTRCA),

State of Texas’ Historically Underutilized Business (HUB), D/FW Minority Supplier Development Council (DFW MSDC), Women’s Business Council Southwest (WBC SW), Department of Transportation (DOT), South Central Texas Regional Certification Agency (SCTRCA), City of Houston, Corpus Christi Regional Transportation Authority, City of Austin, Small Business Administration (SBA) - 8A or certified SDB, National Minority Supplier Development Council (NMSDC), and National Women’s Business Enterprise Certification (WBENC). Other certifications may be considered on an individual basis. Only certified disadvantaged, minority and women-owned companies will be counted towards the prime’s M/WBE subcontracting goals.

3. Vendors do not have to be certified as an M/WBE to participate in the district’s contracting and purchasing activities. 4. All district bidders/proposers are required to demonstrate positive and reasonable good faith efforts to subcontract with

and/or procure supplies/services with M/WBEs.

5. Bidders/proposers may not apply one of its subsidiary companies or its own workforce towards meeting its’ M/WBE subcontracting goals.


1. Submit the completed and signed M/WBE Compliance Guidelines & Forms by the due date. Include all M/WBE supporting

documentation (M/WBE Certificates, Affirmative Action, Equal Employment Opportunity or Supplier Diversity Plan, notarized Joint Venture Agreement, notarized Mentor Protégé Agreement, etc.) within the M/WBE section. Evaluation will be based upon the documentation provided within the M/WBE section.

2. Complete Section F for the subcontractors you plan to utilize. Attach a copy of the current M/WBE certificate or proof of M/WBE certification for each M/WBE subcontractor.

3. You are not required to submit Letter of Intent to Perform/Contract as an M/WBE Subcontractor form (Section J) with

the bid/proposal; however, it will be required at the contract negotiation meeting with the district, or as requested by the M/WBE Department.




4. For exceeding the district’s aspirational M/WBE goals by an additional percentage, points will be awarded as follows:

Exceeding M/WBE Goal by an Additional Cumulative Points 1% up to 5% utilization .5 5.01% up to 10% utilization 1 10.01% up to 15% utilization 1.5 15.01% up to 20% utilization 2 20.01% up to 25% utilization 2.5 25.01% up to 30% utilization 3 30.01% up to 35% utilization 3.5 35.01% up to 40% utilization 4 40.01% up to 45% utilization 4.5 45.01% and greater utilization 5

After Bid/RFP Submission:

5. The recommended respondent who will subcontract portions of the work should obtain the Letter of Intent to Perform/Contract as an M/WBE Subcontractor form (Section J) for each proposed M/WBE subcontractor. The recommended respondent will be required to provide the Letter of Intent to Perform/Contract as an M/WBE Subcontractor form at the contract negotiation meeting with the district, or as requested by the M/WBE Department.

6. Changes to the List of Subcontractors (Section F) must be reviewed and approved by the M/WBE Department prior to any changes being made. This applies after Bid/RFP submission and throughout the contract duration.

At contract execution:

7. Contractor agrees to establish a written contract with each subcontractor. At minimum, the contract must include the scope of work, payment terms, termination of M/WBE Clause, Prompt Payment Clause, and Retainage Clause.

After contract execution:

8. The contractor/proposer shall notify the M/WBE Department if the percentage of M/WBE participation declines or falls below the level of participation represented in the contract. The contractor shall promptly notify the M/WBE Department within 7 days and obtain a listing of other certified M/WBE vendors to meet the commitment amount.

9. Contractor will be required to submit a Pay Activity Report indicating the amounts paid to its subcontractors with each pay application submitted or as requested by the district. Acceptable proof of payments includes canceled checks, partial lien releases, proof of electronic funds transfer, and/or emails from the sub-vendor.

10. The contractor will be required to maintain records showing the subcontractor/supplier awards, subcontractor payment history, efforts to identify and award contracts to M/WBEs, and copies of executed contracts with M/WBEs. The contractor must provide access to books, records and accounts to authorized district, state and federal officials for the purpose of verifying M/WBE participation and good faith efforts. District contracts are subject to an M/WBE audit.




Clarification for the Joint Venture and Mentor Protégé Criteria

A company that has currently established a Joint Venture Partnership with a certified M/WBE for this proposal may be awarded up to 5 points. The Joint Venture Agreement must be signed and notarized by all parties. The Joint Venture Partnership is evaluated and awarded points as a prime vendor; therefore, the certified M/WBE partner will not be counted towards the M/WBE subcontractor goal. The M/WBE Partner will be prohibited and “no points awarded” if they are deemed to be a relative, current employee or subsidiary of the joint venture partner. By signing and notarizing the Joint Venture Agreement, all parties certify the accuracy of their joint venture agreement; inclusive of relationships, percentage split of profits, losses and performance of all parties, etc. Companies seeking to participate in a joint venture arrangement has the burden of demonstrating to the district, by a preponderance of the evidence, that it meets the requirements of Board Policy (CH) Local with respect to being an eligible joint venture for counting purposes. The district will analyze whether the stated joint venture is realistic in light of the number of employees, experience, resources, certification type, and other resources that each party brings to the joint venture.

1. The Joint Venture Partnership (as a whole) may submit an Affirmative Action, Equal Employment Opportunity or Supplier Diversity Plan, Work Force Composition, 5 M/WBE References, and a notarized Mentor Protégé Agreement. The document should clearly state this information is submitted on behalf of the Joint Venture Partnership (as a whole). In cases where the Joint Venture Partnership (as a whole) doesn’t have this information, you should submit this information for each individual joint venture partner, to obtain the maximum points. Each individual joint venture partner should submit its’ own Work Force Composition, Affirmative Action, Equal Employment Opportunity or Supplier Diversity Plan, 5 M/WBE References and a notarized Mentor Protégé Agreement.

2. The Joint Venture Partnership must have a M/WBE Partner who is able to adequately bond the project, perform the services, labor or material listed and provide the experience and resources to perform at the split level given.

3. A company that has a current notarized Mentor Protégé Agreement with an M/WBE firm may be awarded up to 1 point.

A certified M/WBE protégé may be counted towards the M/WBE subcontractor goal, if performing as a subcontractor.




Bid/RFP No:

Title:

Prime Vendor / Contractor:

Section A. Is your company “CERTIFIED” as a Minority or Woman-Owned Business (M/WBE)? Dallas ISD Recognized M/WBE Certification Agencies: North Central Texas Regional Certification Agency (NCTRCA),

State of Texas’ Historically Underutilized Business (HUB), D/FW Minority Supplier Development Council (DFW MSDC), Women’s Business Council Southwest (WBC SW) , Department of Transportation (DOT), South Central Texas Regional Certification Agency (SCTRCA), City of Houston, Corpus Christi Regional Transportation Authority, City of Austin, Small Business Administration (SBA) - 8A or certified SDB, National Minority Supplier Development Council (NMSDC), and National Women’s Business Enterprise Certification (WBENC).

Yes If you answered “Yes,” complete the current certification information below. Indicate ethnicity and gender.

No If you answered “No,” but your company is minority or woman-owned, indicate non-certified in the M/WBE

Certification Agency section below. Indicate “Self” for the certification number. Indicate ethnicity and gender.

No If you answered “No,” that your company is not minority or woman-owned, leave the section blank.

M/WBE Certification Agency M/WBE Certification Number

Ethnicity Gender

Section B. Did your company attach an Affirmative Action, Equal Employment Opportunity or Supplier Diversity

Plan with this bid/proposal?

Yes My company has attached an Affirmative Action, Equal Employment Opportunity or Supplier Diversity Plan on page ________________.

No My company did not attach an Affirmative Action, Equal Employment Opportunity or Supplier Diversity

Plan.

Section C. Workforce Composition

EMPLOYEE CATEGORY

TOTAL

EMPLOYEES

NON

MINORITY

AFRICAN

AMERICAN

HISPANIC

NATIVE

AMERICAN

ASIAN

Male Female Male Female Male Female Male Female Male Female Male Female

Executive & Managerial

Technical & Skilled

Office & Clerical

TOTAL




Section D. Historical M/WBE Utilization List 5 different M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture partners that performed work for your company. Specify the names of the actual M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture partners that have knowledge regarding the contract. Note: List only 5 different companies.

Owner / Name of Project

M/WBE Subcontractor/Sub consultant/ Supplier/Sole

Proprietor/ or Joint Venture Partner

Company Name



Contact Person and either Phone Number or Email

Scope of Work /Services Provided

1

2

3

4

5

Regarding Dallas ISD specific experience, please check the appropriate box below.

Yes Within the past 4 years, did your company utilize any M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture partners on any Dallas ISD projects? Specify the name of the contract or Bid/RFP No. ___________________________________________________________________________.

No Within the past 4 years, my company didn’t utilize any M/WBE subcontractors, sub consultants, suppliers, sole proprietors, joint venture partners on any Dallas ISD projects?

Section E. Will you use subcontractors, sub consultants, suppliers, or sole proprietors as a part of this current bid/proposal?

Yes If you answered, “Yes”, complete Section F.

No If you answered “No”, provide a written explanation indicating why subcontractors will not be utilized. Sections F, G, and J are not applicable.

Written Explanation:




Section F. Subcontractor Utilization List all subcontractors, suppliers, sub consultants, or sole proprietors (minority and non-minority) that

will be utilized in this bid/proposal. Indicate the amount and/or percentage of the bid. Non-certified firms will not be counted towards the prime’s M/WBE subcontracting goals. Joint venture partners will not be counted towards the M/WBE subcontracting goals. Bidders/proposers may not apply one of its subsidiary companies or its own workforce towards meeting its M/WBE subcontracting goals. Use additional sheets if necessary.

Subcontractor/ Supplier

Contact Person & Phone Number

M/WBE Certification

Agency

M/WBE Certification

Number

Ethnicity/ Gender

Scope of Work Amount

% of Total Bid

1

2

3

4

5

6

7

8

9

10

Totals

Special Note: Attach a copy of the current M/WBE certificate or proof of current M/WBE certification for each M/WBE subcontractor, sub consultant, supplier or sole proprietor. Respondents who will subcontract portions of the work will be required to submit the Letter of Intent to Perform/Contract as an M/WBE Subcontractor form (Section J) for each proposed M/WBE subcontractor at the contract negotiation meeting with the district, or as requested by the M/WBE Department. The awarded bidder/proposer will be required to submit a Pay Activity Report indicating the amount paid to its M/WBE subcontractors, sub consultants, suppliers, or sole proprietors with each pay application submitted or as requested by the district.




Section G. Good Faith Efforts Documentation Complete this section if subcontractors will be utilized; however, the subcontractors are not M/WBE.

Section H. Did your company attach a signed and notarized Joint Venture Agreement with a certified M/WBE with this bid/proposal? The Joint Venture Agreement must be signed and notarized

Yes My company attached a signed and notarized Joint Venture Agreement on page ____________.

No My company did not attach a signed and notarized Joint Venture Agreement.

For additional information, refer to pages four (4), ten (10) and eleven (11) of this document and visit the following website: http://www.dallasisd.org/Page/1068 Section I. Did your company attach a signed and notarized Mentor Protégé Agreement with an M/WBE with

this bid/proposal?

Yes My company attached a signed and notarized Mentor Protégé Agreement on page ____________.

No My company did not attach a signed and notarized Mentor Protégé Agreement.

For additional information, refer to pages four (4), ten (10) and eleven (11) of this document and visit the following website: http://www.dallasisd.org/Page/1062

Yes No 1. Was contact made with M/WBEs by telephone or written correspondence at least one week before

the bid was due to determine whether any M/WBEs were interested in subcontracting and/or joint ventures?

2. Were contracts broken down to provide opportunities for subcontracting? 3. Was your company represented at a pre-bid/proposal conference to discuss, among other matters,

M/WBE participation opportunities and obtain a list (not more than two months old) of certified M/WBEs?

4. Was information provided to M/WBEs concerning bonding, lines of credit, technical assistance, insurance, scope of work, plans/specifications, etc.?

5. Were subcontracting opportunities advertised in general circulation, trade associations, M/WBE focused media and/or minority chambers of commerce?

6. Did you encourage non-certified M/WBEs to pursue certification status?

7. Were negotiations conducted in good faith with interested M/WBEs? 8. Were the services utilized of available minority and women, community organizations, contractor

groups, local, state, and federal business assistance offices, and other organizations that provide assistance in the identification of M/WBEs?

Special Note: The good faith efforts documentation is subject to an M/WBE audit. Upon request, you will be required to provide supporting documentation for the purpose of verifying your good faith efforts.




Letter of Intent to Perform/Contract as an M/WBE Subcontractor Not required with bid/proposal. To be submitted at the contract negotiation meeting with the district, or as requested by the M/WBE Department.

Section J. Prime Contractor must submit a Letter of Intent to Perform/Contract as an M/WBE Subcontractor form for each minority or woman–owned subcontractor which will be utilized to supply any services, labor or materials pursuant to the bid/proposal. If necessary, make copies.

This Letter of Intent is submitted to confirm the intent of the prime contractor and subcontractor to conduct good faith negotiations toward a subcontract agreement, with terms agreeable to both parties, for the scope of work identified herein. The parties acknowledge that any obligation of the prime contractor to enter into a subcontract agreement with subcontractor is expressly contingent upon the prime contractor entering into a contract with Dallas ISD for the work as defined in the bid/proposal. Bid/Proposal #: Bid/Proposal Title:

1. Name of Offeror / Prime Contractor

Address, City, State & Zip

SUBCONTRACTOR INFORMATION (Pertains to the proposed M/WBE Subcontractor): 2. The undersigned has been certified by a Dallas ISD recognized certification agency.

Pursuant to district policy (CH Local), only M/WBEs which are currently certified with one of the Dallas ISD recognized certifying agencies may be counted towards meeting the district’s M/WBE goal at the subcontracting level. Refer to page two (2), number two (2) for a listing of Dallas ISD-recognized certification agencies.

Name of Agency: Certification Number: Ethnicity/Gender:

3. The undersigned is prepared to perform the following services, labor, or materials listed in connection with the project

Scope of Work:

Price: $

By: (Name of the M/WBE Firm) (Signature of Owner, President or Authorized Agent) (Date)

(Phone) (Print or Type – Name and Title of Owner, President or Authorized Agent) DECLARATION OF PRIME CONTRACTOR (Pertains to the Prime Contractor): I _________________________________________ HEREBY DECLARE AND AFFIRM that I am the _________________________________ (Name of Declarant) (Title of Declarant) and am duly authorized to make this declaration on behalf of ___________________________________________________________ (Name of Prime Contractor) that I have personally reviewed this Letter of Intent to Perform/Contract as an M/WBE Subcontractor form. To the best of my knowledge, information and belief, the facts and representations contained in this form are true and correct. The owner, president or authorized agent of the M/WBE firm signed this form, and no material facts have been omitted. The prime contractor has designated the following person as their M/WBE Liaison Officer:

(Name of M/WBE Liaison Officer) (Phone) Caution: Any false statements or misrepresentations regarding information submitted on this form may be a criminal offense in violation of Section 37.10 of the Texas Penal Code.

(Signature of Declarant) (Phone) (Date)




M/WBE Joint Venture Analysis - GOODS, SERVICES, and PROFESSIONAL SERVICES

The Joint Venture Agreement will be evaluated based upon the below referenced criteria. One of the JV partners must be a certified M/WBE. There is a maximum of 5 numerical points available. Refer to page 4 for additional clarification. If applicable, specify the page number within your bid document that addresses each individual component.

Mentor Protégé Analysis The Mentor Protégé Agreement will be evaluated based upon the below referenced criteria. There is a maximum of 1 point available in this category. The protégé must be an M/WBE. If you’re responding as a joint venture, refer to page 4.

Available Points 1 Does the firm currently participate in a Mentor Protégé Program

as a mentor, with an M/WBE?

a Is the Mentor Protégé Agreement signed by all parties, and is it current, active, and notarized? 0.50 b Did the firm provide current, signed and notarized progress reports, deliverables, or meeting minutes? 0.50

Total Available Points 1.00

Available Points Page Number 1 Has a meaningful Joint Venture been established?

a Does the Joint Venture Agreement provide details on how profits and losses will be calculated and divided? 0.25 b What is the MWBE partner(s) percentage share of profits and losses? 1.00

(.25 for 10% and greater, .5 for 20% and greater, .75 for 30% and greater, 1 for 40% and greater) c Will the MWBE partner have bank signature authority? 0.25 d Will the M/WBE partner have the authority to establish policies, select key employees, assign roles and responsibilities? 0.25 e Does the insurance recognize the MWBE partner? 0.25 f Does it provide a provision obligating all parties of the JV to perform and complete performance despite 0.25

withdrawal of any member for any reason? g Is there a history of the Joint Venture partners working together? 0.25 h Does it require the approval of Dallas ISD before the JV partnership can be dissolved? 0.25 i Is there a dispute resolution procedure? Does it require direct, in person discussion; mediation to be conducted within

a designated time frame, with a mediator agreed to by the parties, if the issue isn’t resolved by direct discussion? 0.25

2 Is the MWBE partner involved in the operational management of the Joint Venture?

a Does it designate the M/WBE as a managing partner and does the M/WBE partner provide senior management? 0.25 b Does it identify the respective roles and responsibilities of all parties? 0.25 c Will the MWBE partner be involved in scheduling, progress

reviews, subcontractor disputes, and management decisions? 0.25 d Will the MWBE partner provide equipment, facilities, personnel, or other resources? 0.25

3 Is the MWBE partner involved in the financial management of the Joint Venture?

a Will the Joint Venture establish a JV bank account and JV project account? 0.25 b Will the MWBE partner participate in the production and

review of financial reports, budgeting, and/or financial forecasting? 0.25 c Will the MWBE partner be involved in contract negotiations with Dallas ISD and subcontractors? 0.25


Will the MWBE partner be responsible for a distinct, clearly defined portion of the contract? e 0.25




M/WBE Joint Venture Analysis - CONSTRUCTION









(.25 for 10% and greater, .5 for 20% and greater, .75 for 30% and greater, 1 for 40% and greater) c Does the M/WBE partner provide bonding to match its share? 0.25 d Is there a cash call provision, specifying the capital contributions, in the agreement?? 0.25 e Does the insurance recognize the MWBE partner? 0.25 f Does it provide a provision obligating all parties of the JV to perform and complete performance despite 0.25













Bid/RFP No: Title: Company Name: Company Address: City: State: Zip: Contact Person/Authorized Agent: Phone No: Email Address:


Signature: Date:









Bid/RFP No:

Title:









Ethnicity Gender





Plan.


EMPLOYEE CATEGORY

TOTAL

EMPLOYEES

NON

MINORITY

AFRICAN

AMERICAN

HISPANIC

NATIVE

AMERICAN

ASIAN



Technical & Skilled

Office & Clerical

TOTAL




Section D. Historical M/WBE Utilization List 5 different M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture

partners that performed work for your company. Specify the names of the actual M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture partners that have knowledge regarding the contract. Note: List only 5 different companies.




Company Name



Contact Person and either

Phone Number or Email

Scope of Work

/Services Provided

1

2

3

4

5



No Within the past 4 years, my company didn’t utilize any M/WBE subcontractors, sub consultants, suppliers,

sole proprietors, joint venture partners on any Dallas ISD projects? Section E. Will you use subcontractors, sub consultants, suppliers, or sole proprietors as a part of this current

bid/proposal?











M/WBE Certification

Agency

M/WBE Certification

Number

Ethnicity/ Gender


% of Total Bid

1

2

3

4

5

6

7

8

9

10

Totals










this bid/proposal?


























Scope of Work:

Price: $







Bid/RFP No: Title: Company Name: Company Address: City: State: Zip: Contact Person/Authorized Agent: Phone No: Email Address:


Signature: Date:









Bid/RFP No:

Title:









Ethnicity Gender





Plan.


EMPLOYEE CATEGORY

TOTAL

EMPLOYEES

NON

MINORITY

AFRICAN

AMERICAN

HISPANIC

NATIVE

AMERICAN

ASIAN



Technical & Skilled

Office & Clerical

TOTAL




Section D. Historical M/WBE Utilization List 5 different M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture

partners that performed work for your company. Specify the names of the actual M/WBE subcontractors, sub consultants, suppliers, sole proprietors or joint venture partners that have knowledge regarding the contract. Note: List only 5 different companies.




Company Name



Contact Person and either

Phone Number or Email

Scope of Work

/Services Provided

1

2

3

4

5



No Within the past 4 years, my company didn’t utilize any M/WBE subcontractors, sub consultants, suppliers,

sole proprietors, joint venture partners on any Dallas ISD projects? Section E. Will you use subcontractors, sub consultants, suppliers, or sole proprietors as a part of this current

bid/proposal?











M/WBE Certification

Agency

M/WBE Certification

Number

Ethnicity/ Gender


% of Total Bid

1

2

3

4

5

6

7

8

9

10

Totals










this bid/proposal?


























Scope of Work:

Price: $



