Call for Bids

Call for Sealed Proposals (Ad)

The Denton ISD is requesting sealed proposals for the purchase of propane fuel. Proposal forms and specifications can be obtained from the Purchasing Department at 1213 N. Locust, Denton, Texas 76201 or online at www.dentonisd.org under the purchasing department’s webpage.

Proposals will be accepted until 2:00 p.m., Wednesday, October 30, 2013. Address your sealed Proposal to Alyce Hamman, Purchasing Buyer, 1213 N. Locust Denton, Texas 76201. Mark clearly on the front of the sealed envelope, “CSP 131030-P Enclosed, Do Not Open Until 2:00 October 30, 2013.” Proposals received after the deadline will not be accepted, and will be returned to the proposer unopened. Proposals will not be read aloud at the time of opening.

The proposal contract will be for a term of two years, beginning December 1, 2013 through November 30, 2015. To ensure availability of fuel, the successful proposer must maintain a minimum combined total of 200,000 gallons of LP-Gas storage within a 50-mile radius of the Denton city limits. The district reserves the right to accept or reject any and all proposals and to waive any technicalities and be the sole judge as to the definition of low proposal.

1 Any questions concerning the proposal are to be directed to Aaron Robbins, Director of Transportation at 940-369-0300, or Alyce Hamman, Purchasing Buyer at 940 369-0582.

Proposals will be evaluated on: Proposed Fee – 58%, References – 5%, Quality of the proposer’s goods and services – 10%, The extent to which the services meets the district’s needs and approach of the vendor – 10%, Past Relationship with the district – 10%, HUB certified – 2%, Long term cost to the district to acquire the vendor’s services – 5%.

No faxed or emailed Proposals will be accepted.

Section 1 Scope of Work 1.1 This contract is for the purchase of propane fuel to be delivered to DISD Transportation, 5093 E. McKinney, Denton, Texas 76205 and two auxiliary sites (1701 Navo Road Aubrey, TX 76227 and a site to be determined possibly on the south side of the district). Vendor will be required to furnish tank and dispenser at the two auxiliary sites. The quantities listed on the bid invitation are estimates, and may vary. Denton ISD does not guarantee that this amount or any amount will be purchased under this contract.

Section 2 Standard Terms and Conditions 2 2.1 Terms For clarification purposes, the terms used in this specification shall be defined as follows: Proposer – Business entity submitting proposal invitation. Vendor – Shall be the successful proposer on this purchase order. Fuel Index Price Per Gallon (Posted Terminal/Rack Price) – shall be the vendor’s cost of fuel on day of delivery. Constant Fuel Price per Gallon - shall be the vendors’ profit margin and freight per gallon delivered to Denton ISD. Regulatory Fees – Federal and state mandated fees. Total Selling Price per Gallon – shall be the total of the posted Fuel Index Price per Gallon, Constant Fuel Price per Gallon and Regulatory Fees per Gallon. Tank/Dispenser Installation Charges – cost to install equipment required to operate auxiliary transportation sites. Tank/Dispenser Lease & Maintenance Charges – cost to lease & maintain equipment required to operate auxiliary transportation sites.

2.2 Ordering Information Orders for delivery shall be made by phone. Proposer shall furnish a manned local telephone number or toll free number for ordering propane fuel Monday through Friday 6:00 a.m. to 5:00 p.m. except on observed federal or state holidays. Deliveries are to be made within one (1) working day of the time the request for delivery is made. For the purpose of this contract, working days are 6:00 a.m. through 5:00 p.m. Monday through Friday, excluding state holidays.

2.3 Billing Address Denton Independent School District Transportation Department 5093 East McKinney Street Denton, TX 76205 940 369-0300/0098

2.4 Contact Information for Proposal Alyce Hamman, Purchasing Buyer 940 369-0582 Aaron Robbins, Director of Transportation 940 369-0300 Alan Wilcox, Fleet Maintenance Supervisor 940 369-0360

Section 3 Special Terms and Conditions 3.1 Delivery and Invoice 3.1.1 A delivery ticket shall also include the posted terminal/rack price for that particular shipment. Deliveries are to be invoiced separately and each invoice shall consist of an original and four (4) copies. Invoices must be accompanied

3 by a copy of the posted terminal/rack price at the time of delivery. Invoices not supported by a current terminal/rack price will be held until the required documentation is received. Consistent failure to supply the posted terminal/rack price documentation will be grounds to cancel the contract without further cause.

3.1.2 Proposer/Vendor is to provide Denton ISD with documentation for all current and future changes in federal and state regulatory or processing fees that will impact a change in the Total Estimated Selling Price per Gallon during the term of this contract.

3.2 Failure to Deliver If delivery is not accomplished within the time frame specified above, the district reserves the right to procure the product on the open market. It shall also be the districts’ right to bill the contractor the difference between the contract price and the open market price as a penalty for the inability to deliver.

3.3 Spillage and Cleanup The vendor shall be held responsible for all spillage, which may occur during transit and unloading operations. The vendor shall immediately report any spillage to the office that ordered the fuel and clean up the spillage. Failure to do shall initiate corrective action and back charge to the vendor of any incurred costs. Delivering truck must have a method of controlling vapors while unloading into underground tanks.

3.4 Qualification of Proposer 3.4.1 Proposers must furnish Denton ISD satisfactory evidence of their ability to furnish the products or services in accordance with the terms and conditions of the specifications. The district reserves the right to make the final determination as to the proposers’ ability. By signature on the proposal invitation, the proposer certifies that neither the proposer nor the firm, corporation, partnership, or institution has violated the Antitrust Laws of the State, codified in Section 15.01, et seq., Texas Business and Commerce Codes, or the Federal Antitrust Laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business.

3.4.2 Proposer shall follow federal, state and local/city regulations governing the operation, transport, and delivery of propane fuel to DISD.

3.4.3 Proposer shall provide and enclose a certificate of insurance expressing minimum total aggregate liability coverage of $1,000,000.00.

3.4.4 Proposer will provide 24-hour service and an emergency telephone contact number.

4 3.4.5 The successful proposer will be responsible for all permits required by federal, state and local law and ordinances with the exception of site preparation.

3.4.6 Proposer must own, operate and maintain a fleet of fuel delivery/transport trucks/tanker units to ensure the timely delivery of propane fuel to DISD. Proposer is to enclose a fleet inventory listing detailing fleet size and delivery capacity.

3.4.7 Proposers that do not meet the qualification in “3.4.6” above will not be considered.

3.4.8 To ensure availability of fuel, a proposer must maintain a minimum combined total of 200,000 gallons of LP-Gas storage within a 50-mile radius of the Denton city limits to be awarded the contract. The proposer will provide with their proposal a list of locations and the amount of fuel stored at each storage site.

3.4.9 Proposer is to supply a list of three (3) references where like materials/items/services have been supplied by your firm. Include name of firm, address, telephone number, and name of representative.

3.5 Changes Any interpretations, corrections and changes to this proposal and specifications will be made by addendum. Sole issuing authority of addenda will be vested in the DISD Purchasing Buyer. Addenda will be mailed to all proposers who are known to have received a copy of the Call for Sealed Proposals. Proposers will acknowledge receipt of all addenda.

3.6 Price Increases Due to Insurance or Freight Costs In the occurrence of a 15% or more increase in the price of insurance, affecting the vendor’s margin, or a 15% or more increase in diesel prices, affecting the vendor’s freight costs, Denton ISD and the vendor will meet within 15 days of date to renegotiate an increase on the effected margin or freight cost. In the event that one of these two situations occurs, the vendor will provide Denton ISD with appropriate documentation, in writing, to justify a meeting to consider the renegotiation of the effected price. Section 4 Specifications 4.1 Contract Period Period of this contract for the purchase of propane fuel is to be for two (2) years commencing December 1, 2013 through November 30, 2015.

4.2 Estimated Propane Fuel Usage Propane Fuel - 300,000 Gallons per year 600,000 Gallons per duration of contract

5 4.3 Delivery, Storage and Operational Sites 4.3.1 Site #1 DISD Main Transportation Compound 5093 East McKinney Denton, TX 76208 Capacity - 18,000 Gal. wc Tank @ 80% Tank Capacity - 14,400 Gallons Denton ISD will be responsible for permits

4.3.2 Site #2 DISD East District Auxiliary Transportation Compound 1701 Navo Road Aubrey, TX 76227 1. Vendor shall furnish a 3,000 gallon wc minimum propane storage tank with the following requirements: A. Single hose dispenser that is fuel master compatible with a minimum of 5hp propane pump and able to maintain a pressure differential of 125psi during the fueling process B. Capacity - 3,000 Gal. wc Tank @ 80% Tank Capacity - 2,400 Gallons 2. Vendor will be responsible for all permits.

4.3.3 Site #3 Site to be determined; possibly on the south side of district 1. Vendor shall furnish a 3,000 gallon wc minimum propane storage tank with the following requirements on or before 12/01/1020: A. Single hose dispenser that is fuel master compatible with a minimum of 5hp propane pump and able to maintain a pressure differential of 125psi during the fueling process B. Capacity - 3,000 Gal. wc Tank @ 80% Tank Capacity - 2,400 Gallons 2. Vendor will be responsible for all permits.

4.4 Site Preparation Denton ISD will be responsible for the site preparation for all locations. Site preparation shall include:  Permits as required  All excavation  All electrical  Concrete slab as required  Crash protection  Fire Extinguisher

6 Section 5 Submittals Felony Conviction Notification Signature Sheet Proposal Form References HUB Certification Verification if applicable

Section 6 Evaluative Criteria Proposed Fee 58% References 5% Quality of proposer’s goods and services 10% The extent to which the services meet the districts needs 10% Past relationship with the district 10% HUB certified 2% Long term cost to the district to acquire the vendor’s services 5%

7 FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 9, Section 44.034 of Texas Education Code, 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 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. CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES Texas Education Agency Amendment to 19 TAC 153.1101 and new rule 19 TAC 153.117 regarding criminal history checks of contractor employees provide the school district with rules interpreting Texas Education Code §22.0834. The rules define continuing contract duties, direct contact with students and other relevant terms within the statute.

Except as otherwise provided herein, Contractor will obtain and certify in writing, before work begins, and at least annually, a national criminal history record, which includes fingerprinting, information that relates to an employee, applicant, agent or Subcontractor of the Contractor or a Subcontractor, if the person has or will have continuing duties related to the Project, and the duties are or will be performed on Owner’s property where students are regularly present or at another location where students are regularly present. Contractor shall assume all expenses associated with the national background checks and fingerprinting and shall immediately remove any employee or agent who was convicted of, received probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from Owner’s property or other location where students are regularly present. Owner shall determine what constitutes “moral turpitude” or “a location where students are regularly present.”

Contractor or sub-contractors may not work on District property where students are present when they have been convicted, received probation or deferred adjudication for the following felony offenses:

1. Any offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school; 2. Any sex offense; 3. Any crimes against persons involving: a. Controlled substances; or b. Property; or 4. Any other offense the District believes might compromise the safety of students, Staff or property.

Please complete the information below:

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions and criminal history checks for the company employees, agents, or subcontractors that will be on LISD campuses have 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 (please print or type):

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

Signature of Company Official: Date:

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

Name of Felon(s):

Details of Conviction(s): ______8 Signature of Company Official: Date:

9 SIGNATURE SHEET

I, the undersigned, understand the conditions and specifications of the bid documents, and will adhere to the specifications.

Name of Company Telephone Number

Company Address

Authorized company signature Date

Contact Name, Printed Telephone Number

Fax Number E-mail address

10 Denton ISD Transportation Propane Fuel Proposal Form

DISD Transportation Propane Fuel Bid Fuel Index Price Per Gallon 1 (Posted Terminal Rack Price, TARGA, Chico, TX Daily Posting 10/08/13) $1.26 Constant Fuel Price per Gallon 2

AFRED State Regulatory Fee per Gallon 3 (State of Texas Alternate Fuel Research & Education Surcharge)

PERC Federal Regulatory Fee per Gallon 4 (Federal Propane Education Research Council Surcharge)

Total Selling Price per Gallon 5 (Items #1 + Item #2 + Item #3 + Item #4 = Item #5)

Total Estimated Fuel Bid Price 6 (600,000 Gallons (2 yr. supply) X Item #5 = Item #6)

Tank/Dispenser Installation Charges for Site #2 7

Tank/Dispenser Lease & Maintenance Charges for Site #2 8

Tank/Dispenser Installation Charges for Site #3 9

Tank/Dispenser Lease & Maintenance Charges for Site #3 10

Total Bid Price for all Items 11 (Item #6 + Item #7 + Item #8 + Item #9 + Item #10 = Item #11)

______Name of Company/Vendor

______Signature of Authorized Company Official Date

11 REFERENCES (3 public school districts)

1. Name______

Address______

Phone Number______

Contact Name______

Length on Business Relationship______

2. Name______

Address______

Phone Number______

Contact Name______

3. Name______

Address______

Phone Number______

Contact Name______