Spring Branch Independent School District

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Spring Branch Independent School District

SPRING BRANCH INDEPENDENT SCHOOL DISTRICT Duncan F. Klussmann, Ed.D., Superintendent of Schools

PURCHASING DEPARTMENT 1031 Witte Road, Building E, Houston, Texas 77055-6016 Phone 713.365.5223 Fax 713.365.5214

Date: SEPTEMBER 5, 2008

NOTICE TO PROPOSERS

The SPRING BRANCH INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as SBISD, is accepting sealed proposals as specified in this document. Sealed proposals will be received at the office of the Director of Purchasing and Contracts, SBISD, 1031 Witte Road, Building E (2nd Floor), Houston, Texas 77055-6016 until:

ANNUAL CONTRACT FOR HEATING, VENTILATING SEPTEMBER 23, 2008 @ 10:00 A.M. for AND AIR CONDITIONING (HVAC) SERVICES

Proposals will be publicly opened and read immediately following the deadline for receiving the proposals at 1031 Witte Road, Building E (2nd Floor). Any questions pertaining to the proposal procedure should be addressed to the Bid Specialist at 713/365-5223, extension 2326. Any questions pertaining to the proposal specifications should be directed to the Buyer at 713/365-5223, extension 2321. PROPOSAL ENVELOPES SHALL BE PLAINLY MARKED

SEALED PROPOSAL FOR: PROPOSAL NO. 8720P

ANNUAL CONTRACT FOR OUTSOURCED HEATING, VENTILATING AND AIR CONDITIONING (HVAC) SERVICES

DO NOT OPEN UNTIL: SEPTEMBER 23, 2008 @ 10:00 A.M.

Any proposal received later than the specified time, whether delivered in person or mailed, shall be disqualified.

The evaluation criteria specified herein will be used to determine which of the proposals provide the best quality for SBISD at the most economical cost. SBISD reserves the right to request post-proposal modifications... SBISD reserves the right to accept or reject any or all proposals, to waive all technicalities (informalities), and to accept the proposal(s) that are determined to be in the best interest of SBISD. Recognizing that there are important considerations other than price, SBISD may not necessarily award to the lowest Proposer.

Proposals must be effective for ninety days following deadline for the receipt of proposals. Page 2 of 29 S C O P E OF P R O P O S A L

It is the intention of SBISD to establish an Annual Contract with a qualified vendor or vendors for the Purchase of energy efficient heating, cooling, ventilation, and air conditioning equipment, including installation, retrofitting and repair in public buildings; water treatment, air analysis, training, and facility operations / maintenance.

The scope of work and minimum specifications define the quality and characteristics of the desired materials and application. The work may include, but is not limited to, individual projects to install, erect, repair, service or alter heating, ventilating and air conditioning equipment or systems to heat, cool or ventilate structures throughout the District or work incidental to the installation or repair. They are based upon specifications for known acceptable manufacturers, processes, materials and/or brands of HVAC equipment including and not limited to: Carrier, Goodman, Lennox, McQuay, Trane, York, Worthington, and/or equally quality products. They are not intended to be exclusive or restrictive. Bidders may offer alternate solutions, including alternate manufacturers, which meet the quality and performance characteristics in the specifications. SBISD shall review such offers and be the final judge on the acceptance of any alternate solutions.

SBISD may also requesting time and material costing for individual projects, which may require various skill levels with the corresponding title and licensing requirements.

Individual projects may include the Contractor to supply and provide trained operators for special equipment for project execution. Projects will be typically limited in size and scope of work required. Individual projects will be initiated by the SBISD Maintenance and Planning and Construction Departments. It should be clearly understood by all parties that this proposal should not be construed to be a guarantee of either minimum or maximum quantities, as purchases are dependent upon need and available funding.

The contract shall be for a period of one (1) year, November 1, 2008, through October 31, 2009, with the option to renew annually for an additional two (2) years, providing any subsequent renewal is agreed to in writing, by both parties.

All deliveries shall be made to the site named in the individual purchase order. For shipments of materials designated on the purchase order to the SBISD Maintenance Parts Warehouse, delivery hours are 7:30 a.m. to 3:00 p.m. NO DELIVERIES WILL BE ACCEPTED AFTER 3:00 P.M.

ADDENDA TO RFP. SBISD reserves the right to revise and amend the specifications prior to the date set for the opening. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission or other error(s) in the RFP in writing and request modification or clarification desired. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. All questions must be received in writing by the Director of Purchasing and Contracts via fax (713/365-5216) no later than noon on September 17, 2008. No addenda will be issued later than September 19, 2008, except an addendum withdrawing the proposal or postponing the opening of the proposal. It is the responsibility of each Proposer, prior to submitting the proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal.

Captions, Headings and Illustrations: The captions, headings, and subheadings illustrations, in this proposal are for convenience and ease of perusal only, and in no way define, limit or describe the scope or intent of the proposal.

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1.1.0 APPLICABILITY – These conditions are applicable and form a part of the contract documents in each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and proposal forms issued herewith.

1.2.0 WITHDRAWAL OF PROPOSALS will not be allowed for a period of 90 days following the proposal opening.

1.3.0 SPECIFICATIONS may be those developed by the Using Department or by the Manufacturer to represent items of regularly manufactured products.

1.3.1 DISTRICT SPECIFICATIONS have been developed by the Using Department to show minimal standards as to the usage, materials, and contents based on their needs.

1.3.2 MANUFACTURER’S SPECIFICATIONS (Design Guide), Whenever an article in this proposal is defined by description as either a proprietary product or by using the name of a manufacturer, the Proposer is encouraged to offer an item which is equal in quality, durability and in full compliance with our Specifications. If the term “equivalent, alternate or equal” is not inserted it shall be implied. The specified article or material shall be understood as descriptive, not restrictive.

1.4.0 QUESTIONS concerning this proposal shall be addressed to the Director of Purchasing and Contracts, SBISD.

1.5.0 PROPOSALS SHALL BE SUBMITTED ON THESE FORMS. Deviations to any Conditions and/or Specifications shall be conspicuously noted in writing by the Proposer and shall be included with the proposal.

1.6.0 ONLY SEALED PROPOSALS ARE ACCEPTED. FAXED PROPOSALS will not be accepted by SBISD since the fax process does not provide for the delivery of a sealed proposal.

1.7.0 REQUIRED ADDENDA will be issued by SBISD Purchasing Department to all those known to have received a complete set of proposal documents.

1.8.0 QUANTITIES REQUIRED are substantially correct. The District reserves the right to purchase additional quantities above that stated at the same unit price unless otherwise specified by the Proposer.

1.9.0 DELIVERIES required in this proposal shall be freight prepaid F.O.B. destination and proposal prices shall include all freight and delivery charges. For shipments designated on the purchase order to the SBISD Central Warehouse, delivery hours are 7:00 a.m. to 3:00 p.m. NO DELIVERIES WILL BE ACCEPTED AFTER 3:00 P.M.

1.10.0 WARRANTY CONDITIONS for all supplies and/or equipment shall be considered manufacturer’s minimum standard warranty unless otherwise agreed to in writing. Proposer shall be an authorized dealer, distributor or manufacturer for the product. All equipment proposed shall be new unless clearly stated in writing.

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1.11.0 SAMPLES, when called for, shall be submitted with the proposal per instructions set forth in the Special Terms and Conditions to be compared against specifications and evaluated as to materials used in construction, quality and workmanship, durability, adaptability to the use for which the items were intended, and overall appearance.

1.11.1 ADDITIONAL SAMPLES needed for a proposal to be evaluated properly shall be delivered within (5) working days from the time the vendor is notified by the SBISD Purchasing Department.

1.11.2 SAMPLE ITEMS shall be free of charge and submitted and removed by bidder at bidder’s expense. Award samples may be held for comparison with deliveries. SBISD shall not be held responsible for samples damaged or destroyed in examination or testing. Samples not removed within thirty (30) days after notice to bidder will be considered abandoned, and SBISD shall have the right to dispose of them.

1.12.0 THOSE WHO DO NOT PROPOSE are requested to notify the SBISD Purchasing Department in writing if they wish to receive future proposals. Failure to do so may result in their being deleted from our prospective Proposer list.

1.13.0 EVALUATION OF PROPOSALS takes into account the following considerations: price, quality, suitability for the intended use, probability of continuous availability, vendor’s service, safety record, and date of proposed delivery and placement. It is not the policy of the SBISD to purchase on the basis of low proposals alone.

1.14.0 DISCLOSURES - By signing this proposal, a Proposer affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the proposal submitted. Samples of software, equipment or hardware provided to SBISD for demonstration, evaluation or operation are not considered gratuities.

1.14.1 PROPOSER SHALL NOTE any and all relationships that might be a conflict of interest and include such information with the proposal.

1.14.2 By signing this proposal, a Proposer affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other Proposers in the award of this proposal.

1.15.0 FUNDING OUT CLAUSE. Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

1. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract; however, cancellation under this clause shall not affect work already funded.

2. The contract is conditioned on a best efforts attempt by the District to obtain and appropriate funds for payment of the contract.”

1.16.0 ALL CONTRACTS AND AGREEMENTS between Merchants and SBISD shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, Official Text.

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1.17.0 CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing and Contracts after proposals have been awarded.

1.17.1 Any additional agreements/contracts to be signed by SBISD shall be included with the proposal.

1.17.2 Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

1.17.3 Tax Exemption: SBISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purchase of tangible personal property.

1.18.0 ASSIGNMENTS AND SUBCONTRACTING: No part of this order may be assigned or subcontracted without the prior written approval of SBISD. Payment can only be made to the Supplier named in this order.

1.19.0 TERMINATION OF CONTRACT. It is understood that the District retains the option to terminate this Agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The District agrees that it will provide written notice of termination no later than thirty (30) days prior to the end of the contract year. The termination will become effective and this Agreement shall terminate thirty (30) days following written notification of intent.

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

1.21.0 VENDOR NON-PERFORMANCE. If at any time, the vendor fails to fulfill or abide by the terms and conditions or specifications of the contract, SBISD reserves the right to:

1. purchase on the open market and charge the vendor the difference between contract price and actual purchase price, or

2. deduct such charges from existing invoice totals currently due, or

3. cancel within thirty (30) days written notification of intent and remove the vendor from the active proposal file for a period of time not less than one (1) year.

4. re-bid the service/product.

5. award to next lower responsible Proposer, if accepted by same.

1.22.0 OTHER REQUIREMENTS. Any problems or discrepancies that are not covered by the above requirements should be directed to the Director of Purchasing and Contracts for a determination or clarification prior to any action taken on said problem or discrepancy. If the Contractor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner.

1.23.0 PROPOSAL DOCUMENTS. Proposals shall be submitted by the Proposers in triplicate; one (1) original and two (2) copies, marked as such.

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2.1.0 CONFLICT OF INTEREST: Pursuant with SBISD Board Policy DBD (Local) SBISD may cancel this contract any purchase order issued under this contract for conflict of interest. Conflict of interest occurs if any person significantly involved in initiating, negotiating, securing, drafting, recommending or creating the contract on behalf of SBISD, is or becomes at any time while the contract or an extension or renewal of the contract is in effect, an employee of, a consultant to, any other party to the contract, with respect to the subject matter of the contract. SBISD shall incur no penalty or further obligation if the contract is cancelled for conflict of interest. Cancellation shall be effective when the contractor receives written notice of the cancellation, unless the notice specifies a later time.

2.2.0 TEXAS HAZARD COMMUNICATIONS ACT It is the policy of the Spring Branch Independent School District to comply with the Texas Hazard Communications Act. Therefore, it is necessary to require that all suppliers and users provide SBISD with a Material Safety Data Sheet for all items sold to or used at a SBISD facility. This information is to be provided on an OSHA Form 20 Material Safety Data Sheet or a suitable equivalent. A separate sheet is to be provided for each individual item when purchase is made or before item is used at an SBISD facility.

2.3.0 SCHEDULING of services shall be coordinated through the Spring Branch Independent School District Maintenance Department located at: 1066 Gessner, Bldg. A, Houston TX 77055, Telephone (713) 365-5759, Fax (713) 973-8351, Attn.: Ernest Palomo, HVAC Supervisor, or his designee.

2.4.0 TIME OF COMPLETION: The date of beginning and the time of completion of the Work are essential conditions of the Contract Documents and the Work embraced shall be commenced as specified. The Contractor will proceed with the Work at such rate of progress to insure full completion within the Contract time. It is expressly understood and agreed by and between the Contractor and the Owner that the Contract time for completion of the Work described herein is a reasonable time. Contractor shall be excused from performance hereunder during the time and to the extent that he/she is prevented from obtaining, delivering, or performing in the customary manner, by acts of God, fire, war, loss or shortage of transportation facilities, lockout or commandeering of raw materials, products, plants or facilities by the government. Contractor shall provide Owner satisfactory evidence that non- performance is due to other than fault or negligence on his/her part. 2.5.0 LIQUIDATED DAMAGES: If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount of liquidated damages in the amount of one hundred dollars ($100) as specified in the Bid for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT DOCUMENTS. 2.6.0 INCIDENTIAL PURCHASES OF MATERIALS AND EQUIPMENT that is required for any parts that shall be required on a particular job shall be quoted at a positive markup from the Awarded Contractors wholesale cost and shown as separate line items on the vendors invoice. Copies of all original vendor invoices for the purchase of materials, with job location (example: Wilchester El. Room 2, work order, and SBISD purchase order number) clearly stated must accompany all pay applications to verify costs and percentage of materials and rental equipment markup. Failure to provide these required documents will result in withholding of payment until this requirement is fully in compliance.

2.7.0 QUALITY / SPECIFICATIONS OF MATERIALS: Materials quoted in all categories will be of the best quality grade of various types as regularly manufactured by acceptable supply and material manufacturers. SBISD maintains an extensive library of material specifications and procedures for the construction and/or repair of HVAC systems. These specifications are available through the SBISD Planning and Facilities Department located at 1066 Gessner Road, Bldg. A., Houston, TX 77055, Phone: 713-365-5700, Fax: : 713 365-5740 email [email protected] . SBISD reserves the right to determine and specify the manufacturers and/or brands of materials to be used on SBISD projects. ANNUAL CONTRACT FOR HEATING, VENTILATING AND AIR CONDITIONING SERVICES – 09/05 D:\Docs\2018-02-09\05b1d130c0d483bc6fbacde8cd57c6be.doc/gh 4/25/2018 4/25/2018 Page 7 of 29 2.0.0 SPECIAL TERMS AND CONDITIONS, continued

2.8.0 APPROVAL OF PRODUCT SUBSTITUTIONS: If a vendor is awarded the contract for service and is unable to deliver an item or items as specified on these proposal requirements or as specified, the Vendor must at once contact the Director of Maintenance, Mr. Vinod Bahl or his designee, Mr. Ernest Palomo, located at 1066 Gessner Road, Bldg. A., Houston, TX 77055, Phone: 713-365-5700, Fax: 713 365-5740, email: [email protected] prior to the act of substitution for approval and ultimate delivery. Substituted items must be delivered at or below the stated bid price. The requested substitution items shall be of equal or higher quality. The company shall submit in writing the reason for the substitutions and substantiation that the requested product is equal or higher quality. The Director of Maintenance or his designee shall make the final decision on the acceptance or non- acceptance of a requested substitute. 2.9.0 Notwithstanding anything to the contrary contained in these terms and conditions, upon the District’s acceptance of a proposal, the vendor and the District will have entered into a binding contract. The contract is enforceable from the time of acceptance without regard to the time of notification to the vendor of acceptance. Vendor will be notified by a “Letter of Award” issued by the Director of Purchasing. This letter, together with the vendors signed proposal forms will be used as the contract documents. It is the intention of SBISD to initially award this proposal to several qualified contractors.

2.10.0 PROCEDURES TO DETERMINE THE CONTRACTOR ON ANY PARTICULIAR JOB: It is common among this Industry that the scope of any particular job may or may not be within the capabilities, specialty, expertise, or may require special expertise, permits and or equipment not readily available due to prior commitments or Contractor capabilities. Therefore, SBISD shall draw up a set of complete written specifications for each job that requires a quotation, including the written quotation documents will be a “due date and time” each potential Contractor is to supply a written quotation to the cognizant Maintenance person. When a quote for a job is requested by SBISD, all quotes shall list separately the cost for labor and materials. Each Contractor has the right to walk the job, review any special requirements, including the written clarification of any ambiguity in the original quotation document. The Maintenance Department shall compile the results and forward the individual quotations to Purchasing with an authorized requisition for the issue of a SBISD numbered Purchase Order against this contract. SBISD will assume no responsibility for any goods or services performed or delivered without a duly processed purchase order possessing a purchase order number as assigned by the SBISD Purchasing Department. (See 1.17.0)

2.11.0 QUANTITIES The quantities, shown as an estimated annual expenditure, are approximate annual quantities the District anticipates using. These quantities are for use as a basis for the bidders to use as a past history of usage. This estimate, however, should not be construed to be a guarantee of either minimum or maximum quantities as purchases are dependent upon need and available funding.

2.12.0 CONTRACTS resulting from this proposal will neither provide for all small purchases nor will the contracts displace existing or future competitive bids and proposals for large categories of similar products

2.13.0 All items and services offered shall conform to all applicable local, state and federal laws, ordinances, codes and regulations.

2.14.0 In the event the proposal expires before a mutually agreed written and approved contract renewal is executed, vendor shall extend the contract on a month-to-month basis by mutual written agreement.

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2.15.0 It is not the policy of the Spring Branch ISD to award contracts based solely on 'low price'. *The following factors are used by SBISD to evaluate the overall 'best value':

- Purchase price. - The reputation of the vendor and the vendor’s goods and services. - The quality of the vendor’s goods and services. - The extent to which the goods and services meet the District’s needs. - The vendor’s past relationship with the District. - The total long-term cost to the District to acquire the goods or services. - Any other relevant factor specifically listed in the request for bids or proposals.

*per Texas Education Code 44.031(b)

2.16.0 The District will evaluate proposals and select a vendor based on all of the information required. While cost is an important factor, it should be understood that the District is not under any obligation to accept the lowest proposal. In determining the best proposal, the following selection criteria will be used:

2.16.1 Completeness of the proposal and required forms and attachments, 20% 2.16.2 The purchase price; 10% 2.16.3 The reputation of the vendor and the vendor’s goods and services, 10%. 2.16.4 The District’s previous history of the contractor quality of goods and/or services based on past work and references; 25% 2.16.5 The extent to which the goods and services meet the District’s needs; 15% 2.16.6 The total long-term cost to the District to acquire the goods or services, 10% 2.16.7 Other specific evaluations described herein, including transportation costs; energy costs, ownerships, and/or life cycle costs.10%

SBISD reserves the right to make multiple awards. The secondary contractors will be considered for projects when the primary contractor cannot meet our time requirements for a particular project.

2.17.0 PAYMENT AND PERFORMANCE BONDS: A Payment Bond, each in an amount equal to 100% of the contract sum will be required only on single projects that exceed $25,000 and shall be prepared on a form in compliance with Article 5160, V.A.T.S. and Government Code 2253.021, all contracts in excess of $25,000 for the construction, alteration or repair of public buildings shall require of the successful bidder payment bonds in the full amount of the contract. Revised Civil Statutes of the State of Texas state that all liabilities of the Bond(s) shall be determined in accordance with the provisions of said Article. Required language on bonds includes the following: "Surety is authorized under the laws of the State of Texas to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (Hereafter called the Surety) " Also required language: "Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with provisions of said Article to the same extent as if it were copied at length herein."

2.17.1 PERFORMANCE BONDS Performance bonds shall be executed when only on single projects that exceed $100,000. Such binding shall be executed by a corporate surety duly authorized to do business in the state of Texas and be payable to SBISD.

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2.18.0 During the term of the contract, items that may not have been included on the initial proposal may be included by mutual agreement of the successful contractor and the District. The District shall notify the successful contractor, in writing, of its intent to include new items under this contract. The successful contractor must supply, in writing, its prices on the items plus any mark-ups or discounts it intends to include in the purchase price.

2.19.0 PRICE ADJUSTMENTS: No price increase will be considered for the hourly rate within the first twelve (12) months of the contract.

2.19.1 If during the term of the contract, the contractor’s labor costs are increased, the contractor may apply to the Director of Purchasing for a corresponding contract price adjustment.

2.19.2 If during the term of the contract, the contractor’s costs for labor are lowered and such savings are passed along to other customers, it is understood and agreed that the benefits of such reduction shall be extended to SBISD.

2.19.3 Only one (1) price review is allowed per calendar year during the term of the contract.

2.19.4 The cost plus percent quoted for materials and supplies shall remain firm for the term of the contract. No adjustment will be allowed.

2.20.0 Proposal may not be considered if a service charge, minimum dollar, or minimum quantity is applied.

2.21.0 DRUG FREE SCHOOLS: All SBISD Campuses and Administrative facilities are drug free zones. Drug free zones include all the use or being under the influence of intoxicants as defined by Section. 401.013 of the State of Texas.

2.22.0 If mileage from vendor location to any SBISD facility is to be charged, you must identify that charge.

2.23.0 NEW PRODUCTS: New products that meet the scope of work may be added to the contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines to the existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the proposal. No products may be added to avoid Competitive Bid Requirements under TEA 44.031. SBISD may require additions to be submitted with documentation from User Departments demonstrating an interest in, or a potential requirement for, the new product or service. SBISD may reject any additions without cause.

2.24.0 NON-PERFORMANCE: SBISD reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract. SBISD may issue a written deficiency notice to contractor for acting or failing to act in any of the following: (See 1.21.0)  Providing material that does not meet the specifications of the contract;  Providing work and/or material that was not awarded under the contract;  Failing to adequately perform the services set forth in the project scope of work and specifications;  Failing to complete required work or furnish required materials within a reasonable amount of time;  Failing to make progress in performance of the contract and/or giving SBISD reason to believe that the contractor will not or cannot perform the requirements of the contract;  Performing work or providing services under the contract prior to receiving a purchase ANNUAL CONTRACT FOR HEATING, VENTILATING AND AIR CONDITIONING SERVICES – 09/05 D:\Docs\2018-02-09\05b1d130c0d483bc6fbacde8cd57c6be.doc/gh 4/25/2018 4/25/2018 Page 10 of 29 order from SBISD for such work; and/or

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2.24.0 NON-PERFORMANCE, continued 2.24.1 Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to SBISD. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation and completion of work under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of SBISD on demand. 2.24.2 CONTRACTOR CANCELLATION: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to SBISD or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice of cancellation is received by SBISD. 2.24.3 CONTINUATION OF PERFORMANCE: Contractor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice. 2.25.0 FORMATION OF CONTRACT: A response to this solicitation is an offer to contract with SBISD based upon the terms, conditions, scope of work, and specifications contained in this request. Clarifications, negotiations, Firm and Final Offers will become a part of the completed contract if included in the final contract document, duly executed by the Contractor and accepted by SBISD. An offer does not become a contract unless and until SBISD accepts it. A contract is formed when an SBISD Board of Trustees approves the complete offer and the Purchasing Director or Designee signs the final notification of award documents.

2.26.0 NOVATION: If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. SBISD reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor. 2.27.0 BIDDER QUALIFICATIONS: Bidder shall have extensive knowledge and at least three (3) years experience with the installation, maintenance and provision of the equipment, software or services offered. SBISD reserves the right to accept or reject newly-formed companies solely based on information provided in the bid and/or its own investigation of the company. 2.28.0 ORDER OF PRECEDENCE: In the event of a conflict in the provisions of the contract as accepted by SBISD, the following order of precedence shall prevail: 1. Special terms and conditions 2. General terms and conditions 3. Specifications and scope of work 4. Attachments and exhibits 5. Documents referenced or included in the proposal

2.29.0 PRICING EXTENSION ERRORS: In case of error in extension of prices in the offer, unit prices shall govern.

2.30.0 All HVAC work will meet related standards of ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.), ANSI (American National Standards Institute), ARI (Air-Conditioning and Refrigeration Institute), ASME (American Society of Mechanical Engineers), NEC (National Electric Code), NEMA (National Electrical Manufacturers Association), NFPL (National Fire Protection Association), UL (Underwriters Laboratories, Inc.), Uniform Mechanical Code and Uniform Building Code as adopted by the local municipalities. Where standards differ, the most stringent shall apply.

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2.32.0 When provided to SBISD, physical input and output point lists shall include addresses of digital controllers on which specific points are terminated, and specific input/output connection points on each controller. This information may be shown in the form of wiring diagrams as deemed necessary by the bidder. 2.33.0 When provided to SBISD, operational sequence diagrams shall include all modes of operation including, but not limited to the following; occupied, unoccupied, communication failure, pushbutton override at room temperature sensors, input sensor failure, and on peak/off peak operation (based on electrical rate structure). 2.34.0 When provided to SBISD, block diagrams shall be in flow chart format indicating the control logic for all equipment under system control. 2.35.0 Energy management software provided must provide direct digital control and monitoring of a wide range of HVAC equipment such as water chilling units, boiler systems, controlling pumps and cooling towers. Software must have the ability to control equipment from the Johnson Controls Metasys system. 2.36.0 All components and systems being offered shall be based on JCI protocols, and will comply with appropriate ANSI/ASHRAE standards. 2.37.0 Chiller equipment shall carry a 10-year warranty. Other components shall carry at minimum, a 1year warranty. 2.38.0 Any computer systems sold under this contract shall be for HVAC monitoring systems use only.

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State of Texas 74th Legislative Session of 1995, Chapter 260, Section 76, added Education Code, Section 44.034, Notification of Criminal History of Contractor:

Subsection (a) states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”.

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

Subsection (c) states “ This section does not apply to a Publicly-Held Corporation.

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

Vendor’s Name:

Authorized Company Official’s Name (Printed):

A. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official:

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

C. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official:

Signature of Company Official:

Date:

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The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. http://www.capitol.state.tx.us/statutes/go/go0225200.html#go001.2252.001. This law makes it necessary for the SBISD to determine the residency of its bidders. In part, this law reads as follows:

“Section: 2252.001 (3) ‘Non-resident bidder’ refers to a person who is not a resident.

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

Section: 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest proposal submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”

I certify that (Name of Company Bidding) is, under Section: 2252.001 (3) and (4), a

Resident Bidder Non-resident Bidder

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

in the state of .

Signature of Authorized Company Representative

Print Name

Title Date

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SPRING BRANCH INDEPENDENT SCHOOL DISTRICT Purchasing Department 1031 Witte Road Building E, Houston, Texas 77055-6016

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

I/WE DID NOT SUBMIT A PROPOSAL FOR THE FOLLOWING REASONS: (Please place an X by one or more of the reasons listed below.)

1. Do not supply the requested product/service.

2. Quantities offered or scope of job is TOO SMALL to be supplied by my company.

3. Quantities offered or scope of job is TOO LARGE to be supplied by my company.

4. Specifications are “too tight” or appear to be written around a proprietary product. (Please elaborate on this item.)

5. Cannot proposal against MANUFACTURER on this item.

6. Cannot proposal against JOBBER on this item.

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

8. Other

IF YOU DID NOT PROPOSE and wish to remain on the SBISD bid list for this item, please indicate:

I wish to remain on the bid list.

I do not wish to remain on the bid list.

VENDOR SIGNATURE DATE

PRINTED NAME, TITLE PROPOSAL NO.

COMPANY NAME A/C - PHONE NO.

ADDRESS CITY STATE ZIP A/C - FACSIMILE NO.

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6.1.0 USE OF A BRAND NAME: Brand names, trade names, model numbers, and/or catalog numbers are used to indicate the character, quality, and/or performance characteristics of the materials/or services desired. Use of the mane of a manufacturer, brand, make or catalog number does not restrict the bidder from offering suitable alternates. However, SBISD reserves the right to decide whether alternatives to the identified manufacturer and brand are equal to the materials, equipment described in the Proposal. SBISD will be the sole judge on the question of equal quality, and SBISD’s decision will be final.

6.2.0 COMPLIANCE WITH SPECIFICATIONS: The fact that a manufacturer, supplier or bidder chooses not to produce or supply equipment, supplies or services to meet the specifications will not be considered sufficient cause to adjudge the specifications as restrictive. Offeror’s shall offer equipment, supplies, and/or services they believe come closest to meeting specifications.

6.2.1 DEVIATIONS FROM SPECIFICATIONS: Bidder shall provide an explanation and documentation for each deviation to the specifications. Failure to detail deviations may result in rejection of the proposal.

6.2.2 PURPOSE OF SPECIFICATIONS: Specifications are designed to enable bidder to satisfy a requirement for a product, material, process, or service. A specification may be expressed as a standard, part of a standard, or independent of a standard. No specification is intended to limit competition by eliminating items capable of satisfactorily meeting the requirements of the procurement. If bidder believes a specification is unnecessarily restrictive, bidder must indicate such in its bid. (See Section 5 item 4)

6.3.0 CONSTRUCTION CONTRACTS: Construction Contract Requirement: In any contract between the Contractor and a SBISD based on this contract, the terms and conditions of this contract will prevail. In any contract between the SBISD and the Contractor, the scope of work will include all specifications, drawings, and other official documents. All applicable codes around which the contract is made will be included as will any technical specifications and general conditions. The Contractor will acquire and pay for all permits and approvals from local, county, and state offices needed to accomplish the work. The actual cost of permits and approvals may be invoiced to SBISD only if included in the original quotation and scope of work. 6.3.1 Form of construction contracts: A contract between the SBISD and the Contractor for construction shall be an industry standard agreement. The parties shall agree to use the American Institute of Architects (AIA) General Conditions of Contract for Construction Form A201 as a guide. 6.3.2 SBISD representative: All formal contact between the contractor and/or contractor’s personnel and the SBISD shall be processed through the SBISD Purchasing Department. SBISD Purchasing and the User Department shall designate the SBISD Project Manager at the time of purchase. 6.3.3 Terms of acceptance: Terms for acceptance by the owner and title to work must be clearly agreed upon and described in the contract. If any part of the construction requires the owner to assume control before the completion, this needs to be defined. Both parties must agree on the definition of what constitutes final acceptance before payment of any retained compensation. Upon completion of the project, the worksite shall be left in a condition equal to or better than before the project. 6.3.4 Work performed or materials supplied by SBISD: Work to be performed or materials to be supplied by SBISD must be clearly described and agreed to by the parties prior to project start up.

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6.4.0 CONSTRUCTION SCHEDULE: Schedule adjustment; SBISD retains the right to extend the schedule of work or to suspend the work and to direct the Contractor to resume work when appropriate. The agreement must describe an equitable adjustment for added costs caused by any suspension. Any increases will be invoiced to SBISD, as allowed in the agreement. 6.4.1 Schedule requirement: The schedule for performance of work that can be met without planned overtime is the responsibility of the contractor. 6.4.2 Work crew size: The cost for each project shall include all costs of all necessary trained personnel to complete the project on or before the completion date(s) set forth in the contract. SBISD shall not incur additional expense for upsized crews, or overtime costs, which might be necessary for the contractor to complete the project on schedule. 6.5.0 COORDINATION: Conflict with SBISD activities: The contractor and SBISD shall coordinate activities so as to avoid conflicts. The contractor will make every reasonable effort not to interrupt scheduled SBISD activities with work under the contract. The contractor will notify SBISD of any construction work that may negatively impact scheduled SBISD activities due to noise, etc. 6.5.1 Coordination with other contractors: The contractor shall coordinate with other contractors and vendors so that work may be properly coordinated.

6.5.2 Interruption of other work: The contractor shall employ such methods or means as will not cause any interruption of, or interference with, work of any other contractor on the project site

6.6.0 CHANGE ORDERS: Adherence to specifications and drawings: The contractor shall follow the requirements of all specifications and drawings as closely as actual construction and work of contractors shall permit. Should existing conditions or limitations require a major change or rearrangement, the change shall be allowed only upon issuance of a written change order. 6.6.1 Change order requirement: SBISD and contractor shall establish a procedure for identifying and approving changes to the work. Said procedure shall include provisions for field change orders. Contractor shall notify the Project Manager of any change that revises the cost of the project whereupon a contract revision will be initiated for approval.

6.6.2 Contractor agrees to follow all applicable rules and regulations for any change orders.

6.6.2.1 Change orders shall be properly documented in writing. Minor changes mutually agreed between the SBISD Project Manager and the Contractor that do not involve compensation may be made without informing SBISD Purchasing, unless such change significantly modifies the scope and needs to be documented. 6.6.2.2 Costs for changes associated with improper checking or coordination: The cost of any change in construction due to improper checking of site and/or other conditions, or coordination by contractor, shall be borne by the contractor, and the contractor shall not be entitled to reimbursement for such costs.

6.7.0 LABOR PRACTICES: The contractor must agree to treat its labor in keeping with its labor contract agreement and to the best interest of the SBISD. Any overtime practices or retroactive agreements with labor unions that would be to the detriment of SBISD must be limited to only those approved by SBISD.

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6.7.0 LABOR PRACTICES, continued

6.7.1 Labor requirements: The method and manner of performance must be stated: employees of the Contractor are not employees of SBISD; the level of competency of the personnel will be subject to approval by SBISD; the Contractor must agree to comply with all local, state and federal laws; adjoining property owners must not be annoyed by noise, pollutants, material hauling operations; procedures for dealing with fire, theft, and storm damage must be established; methods the Contractor will use to guarantee safe job practices relating to the health and welfare of SBISD employees and company employees will be clearly stated.

6.7.2 Quality control: Persons who perform work for SBISD shall be licensed by the State of Texas and registered with the Municipality having Jurisdiction. Copies of all licenses and registrations are required to be submitted with the proposal documents. (See 7.1.0) Cities with in the boundaries of SBISD are City of Houston, City of Spring Valley, City of Bunker Hill Village, City of Piney Point Village City of Hedwig Village and City of Hunters Creek Village. SBISD shall have the right to require the contractor to remove from the project any employee or representative of the contractor, its subcontractors or suppliers that SBISD may deem under the influence, incompetent, careless, insubordinate, or otherwise unacceptable.

6.7.3 Supervision: The contractor shall furnish the services of an experienced foreman or supervisor who will continually be in charge of work on the project. The foreman or supervisor shall provide continuous supervision, coordination and inspection of the work required under the contract. 6.7.4 Quality of work: All work under the contract shall be accomplished by experienced craftsmen, helpers and laborers under the supervision of the Contractor foremen or supervisor no temporary, contract or day labor permitted.

6.8.0 The successful contractor or his personnel shall not proceed with any work on District sites without the prior approval of the Director of Maintenance or his designee.

6.9.0 The successful contractor shall perform all non-emergency work during regular working days and hours of the HVAC trade, and the regular working days and hours of the District (Monday through Friday, 7am to 4pm) unless otherwise approved by the Director of Maintenance or his designee.

6.10.0 The Primary contractor shall have a constantly monitored twenty-four (24) hour a day phone number to contact for emergency service. If the contractor fails to respond to emergency calls within two (2) hours, the District reserves the right to contact another contractor to perform the work required.

6.11.0 Any damages to either SBISD or adjacent property to the worksite as the result of negligence during the course of work on the project which was caused by the successful contractor or his personnel shall be repaired, rebuilt or otherwise acceptably restored. Such restoration shall be at the contractor’s expense, and is not subject to reimbursement by SBISD.

6.12.0 CONTRACTOR’S RESPONSIBILITIES: Contractor and his personnel shall not enter District sites without prior approval of the Director of Maintenance or his designee.

6.11.1 Contractor shall provide proper identification to all employees while performing any work on SBISD property, and must sign in and out in the logbook located in the main office of each campus.

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6.12.0 CONTRACTOR’S RESPONSIBILITIES, continued

6.12.2 The District requires all contractors wear an ID badge, issued by the SBISD Police Department before performing any work on any SBISD Property or Campus. Contractor personnel shall have appropriate identification and be easily identifiable at all times.

6.12.3 The District shall provide the successful contractor with full and free access to the area to render service thereon.

6.12.4 The contractor and his personnel shall confine their activities to the work site and area(s) designated for their use.

6.12.5 The job site shall be in a clean, safe and orderly condition at all times. It shall be the contractor’s responsibility to remove all debris, materials, and equipment from the job site upon completion of the work specified.

6.12.6 Successful contractor shall not request keys to the District facilities without prior approval from the Director of Maintenance or his designee. Under no circumstances shall contractor or his personnel remove keys from the premises or reproduce keys to any District facility.

6.12.7 Successful contractor shall provide a “not to exceed” cost for each project assigned, with actual costs billed at the time and material unit costs established as a result of this award.

6.12.8 The successful contractor warrants, guarantees and agrees to remedy all defects and to replace, at no additional costs to the owner, any and all labor, materials, equipment, transportation, part or parts of the equipment or materials to be furnished under this contract which are or become defective within a period of not less than one (1) year from the date of substantial completion of the work.

6.12.9 The use of tobacco, drugs, or alcohol is prohibited in all District buildings, vehicles, and on the grounds of all District facilities.

6.12.10 All machinery, equipment, and/or tools must comply with O.S.H.A., U.L., all Safety Regulations and other standards. This includes various safety accessories and it is the contractor’s responsibility to meet the necessary requirements.

6.12.11 The successful contractor shall keep fully informed on all federal and state laws, all local bylaws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority which in any manner affect those engaged or employed on the work or which in any way affect the ordinances, regulations, orders and decrees in force at the time of award. The successful contractor shall protect and indemnify the District and its representatives against any claim or liability arising from or based on the violation of any such law, bylaw, ordinance, regulation, order or decree whether by himself or by his employee(s). No extension of time or additional payment will be made for loss of time or disruption of work caused by any actions against the successful contractor for any of the above reasons.

6.12.12 The parties expressly agree and understand that the provider is not an employee or agent of the District in any sense, but is a sole independent contractor.

6.12.13 Contractor must not and will not during the performance of this contract employ illegal alien workers or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986.

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6.12.0 CONTRACTORS RESPONSIBILITIES, continued

6.12.14 No worker with a criminal record will be allowed on SBISD campuses.

6.12.15 Contractor shall insure that no one in their employment shall be in the possession of explosives or firearms.

6.12.16 All contract workers must be properly dressed while on SBISD property. Shirts with inappropriate words or pictures are strictly prohibited.

6.13.0 SBISD operates the majority of campus systems by a proprietary Johnson Controls Metasys software system. It is highly desirable that contractors be familiar with the remote sensing devices that control, monitor and operate these systems.

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7.1.0 A current business license issued by the Governing Municipality. (See 6.2.0)

7.1.1 A current Skilled Craft Licenses for Master HVAC, Journeyman HVAC Technicians, HVAC Tradesmen, and HVAC Apprentices. See 6.2.1)

7.2.0 All Contractor personnel providing on site service shall provide and have on file with the District HVAC Supervisor, Mr. Ernest Palomo, or Designee, a copy of licensing and Insurance Coverages, Permits that may be required for work prior to any work being performed.

7.3.0 REFERENCES shall be submitted with the proposal that include at least three (3) references whose requirements are of comparable magnitude and quantities.

7.3.1 FIRM NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE NO.

FACSIMILE NO.

CONTACT NAME

7.3.2 FIRM NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE NO.

FACSIMILE NO.

CONTACT NAME

7.3.3 FIRM NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE NO.

FACSIMILE NO.

CONTACT NAME

7.4.0 INSURANCE: The Contractor shall purchase and maintain in force the following kinds of insurance as required by the Cities, Counties and the State of Texas, and provide the District with a Certificate of Insurance as evidence. Copies of such insurance documents shall be part of the contract agreements and the Contractor shall maintain such in force throughout the term of any contract let by the District.

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7.4.0 INSURANCE, continued

7.4.1 THE SUCCESSFUL PROPOSER shall file with the SBISD Purchasing Department, 1031 Witte Rd., Bldg. E, Houston, TX 77055-6016, Phone: 713-365-5223, ext. 2326, Fax: 713-365-5214, Insurance Certificates, as described herein, evidencing the coverage required, and shall be supplied within ten (10) calendar days after receipt of the written “Notice of Award.” In no instance shall the Contractor begin work prior to the filing of the insurance requirements. Failure to do so shall be grounds to void the contract. 7.4.2 The Senior Purchasing Specialist, Gene Horrocks, 1031 Witte Rd., Bldg. E, Houston, TX 77055-6016, Phone: 713-365-5223, ext. 2321, Fax: 713-365-5214, shall be given ten (10) days notice prior to the cancellation or change of any of the required insurance coverage.

7.4.3 SBISD shall be named as an Additional Named Insured and subrogation against the District shall be waived.

7.4.4 SBISD shall have 30 days written notice of policy cancellation or material change.

7.4.5 The insurance carrier shall be an “A+” rated carrier.

7.4.6 Contractor’s coverage shall be primary over any other applicable insurance.

7.5.0 CONTRACTOR’S LIABILITY INSURANCE REQUIREMENTS

Minimum Limits of Liability

A. Employer’s Insurance 1. Workers’ Compensation ...... $ Statutory B. Employer's Liability Bodily Injury by Accident 1. Each Occurrence...... $100,000.00 C. Bodily Injury by Disease 1. Each Employee...... $100,000.00 2. Policy Limit...... $500,000.00

D. Combined Limits of Bodily and Personal Injury and Property Damage 1. General Aggregate $1,000,000.00 Products/Completed 2. Operations Aggregate...... $2,000,000.00

E. Comprehensive Automobile Liability. Including non-ownership and hired car coverage as well as owned vehicles. Combined Single Limit (CSL) $500,000.00

7.6.0 Deviations to any conditions and/or specifications shall be conspicuously noted in writing by the Proposer and shall be included with the proposal. (See 1.5.0 and Page 19)

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7.7.0 CONFLICT OF INTEREST QUESTIONNAIRE

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7.8.0 DEVIATION FORM DEVIATION FORM

All deviations to the Specifications must be noted on this sheet. In the absence of any entry on this Deviation Form, the Vendor assures SBISD of their full compliance with the Specifications and Conditions.

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

ITEM No. PAGE No. DEVIATION ______

______

______

______

______

______

______

______

______

______

______

______

______

______

______

______

______COMPANY NAME AUTHORIZED SIGNATURE DATE

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

The pricing section below indicates possible expenses that might be incurred on any single project. On each line marked “Includes,” explain what the charge includes.

Example: Line Truck Explanation: “It includes the truck and a qualified and experienced operator”.

8.1.0 Equipment Hourly Rate Overtime Rate (Approx. 7-8 Hours) (5 Hour Max)

Standard Service truck with Journeyman Operator $______$______

Includes:

Includes:

8.2.0 TYPES OF HVAC SERVICES REQUIRED:

8.2.1 Repairs and Troubleshooting of Various Manufacturers’ Brands □ Can Provide HVAC Services. □ Cannot Provide HVAC Services Comments

8.2.2 Routine Service on Various Manufacturers’ Brands of Systems □ Can Provide HVAC Services. □ Cannot Provide HVAC Services

Comments

8.2.3 Trouble Shoots and Repairs malfunctions in system remote control software.

□ Can Provide HVAC software and hardware Services on JCI systems. □ Cannot Provide HVAC software and hardware Services on JCI systems.

Comments

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8.2.0 TYPES OF HVAC SERVICES REQUIRED, continued

8.2.4 Service upgrades, connecting and disconnecting services for new and relocated portable buildings □ can Provide HVAC Services for both single and three phase circuits. □ Cannot Provide HVAC Services Comments

8.3.0 Materials

Spring Branch ISD Maintenance Department will provide some materials.

Acceptable Unacceptable

8.4.0 Is Contractor pricing based on a minimum number of hours? Yes □ No □

8.4.1 If the response was yes, what is the MINIMUM number of hours?

8.5.0 Does the Contractor Pricing include travel time? Yes □ No □

8.5.1 If the response was yes, what are the travel time charges$ per hour.

8.6.0 Additional comments/charges not addressed above:

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8.0.0 PROPOSAL FORM, continued

8.7.0 WARRANTY AND SERVICE: Provide the requested information for warranty and maintenance service

offered by your firm. Do you provide warranty and maintenance for the items in the bid? Yes □ No □ If no, how does SBISD obtain warranty and maintenance service?

8.7.1 Provide the name and address of the facility that will provide warranty and maintenance service, under an awarded contract. If there is more than one facility, provide the names and addresses for all facilities. Attach a list if necessary.

8.7.2 Provide a contact person and phone number for warranty and maintenance service. If there is more than

8.7.3 If the number above is not a toll-free number, will you accept collect calls at that number? Yes □

8.7.4 Do you provide technical help via phone? Yes □ No □If yes, provide a phone number and

8.7.6 What is the value of parts inventory normally on hand at each warranty/service facility that would serve an SBISD contract?

8.7.7 Describe the steps a member should take to activate a warranty, if any.

8.7.8 Do you offer extended warranty or maintenance service plans? Yes □ No □If yes, provide a summary of the plans here and include any sample forms.

8.7.9 Include pricing for extended warranty or maintenance service plans in your discount and price schedule.

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PRICING FOR WORK

CLASSISIFICATION REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays Master HVAC Technician $ $ Sundays & Holidays Master HVAC Technician $ $ OVERTIME Over 8 hrs & Saturdays Journeyman HVAC Technician $ $ Sundays & Holidays Journeyman HVAC Technician $ $ REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays Tradesman HVAC Technician $ Sundays & Holidays Tradesman HVAC Technician $ $ REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays HVAC Apprentice $ Sundays & Holidays HVAC Apprentice $ $ Other Trades, As Applicable, Please list below REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays $ Sundays & Holidays $ $ REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays $ Sundays & Holidays $ $ REGULAR HOURLY RATE OVERTIME Over 8 hrs & Saturdays $ Sundays & Holidays $ $ Based on Actual Invoice Cost Mark up on Materials % Based on Actual Invoice Cost Mark up on Equipment % Minimum Hours HOURLY RATE - After Hours Emergency Calls $ Hours Response time to emergency calls:

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

ADDENDA, if any: If issued in accordance with this document, the undersigned acknowledges receipt of Addenda Nos. dated .

The undersigned agrees to deliver all goods and/or services within ______calendar days after receipt of order.

FIRM NAME

ADDRESS

CITY/STATE/ZIP

TELEPHONE NO.

FACSIMILE NO

EMAIL ADDRESS

AUTHORIZED SIGNATURE

TYPED/PRINTED NAME

POSITION WITH COMPANY

CONTACT PERSONS NAME

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