Purchasing Department, Deborah Bushnell, Buyer
GENERAL TERMS AND CONDITIONS
The Bid Response Form must give the vendors full name and
address and shall bear the ORIGINAL MANUALLY EXECUTED SIGNATURE and the title
of the authorized agent.
Any alterations made before the opening time must be signed
or initialed by the bidder or his agent.
Amendments to bids, once filed, may be submitted in a sealed envelope
only, properly identified, prior to the opening hour. Bids will represent a true and correct statement and shall
contain no cause for claim of omission or error. No bid can be altered or amended after opening time.
Quantities are estimates based on prior year’s
purchases. The District reserves the
right to purchase additional quantities above those stated at the same unit
price unless otherwise specified by bidder.
A proposal may be withdrawn only upon request by the
Respondent or a duly authorized representative, provided such request is
received by GPISD at the place designated for receipt of proposal and prior to
the time fixed for the opening of proposals.
A withdrawal of a proposal shall not be effective unless a written
confirmation of the withdrawal is received by GPISD at said place within 48
hours before the time fixed for the opening of proposals. The withdrawal of a
proposal does not prejudice the right of the Respondent to file a new proposal
at the time and place stated. No
proposal may be withdrawn after the time fixed for the opening of proposals for
a period of 90 days.
In evaluating qualified bids, the Galena Park Independent
School District will consider price, overall quality and value to the District,
probability of continuous availability, and vendor's service and delivery
capabilities and work history. It is
not the policy of the District to purchase on the basis of low bids alone.
No Employee of the District shall have a direct financial
interest in any contract with the District nor shall any employee have a financial
interest in the sale to the District of any land, equipment, supplies,
materials, or service. Any violation of this policy will render the contract
void, unless such contract is approved by the GPISD Board of Trustees after
full disclosure. Therefore, Bidder shall note any and all
relationships that might be a conflict of interest and include such information
with the bid.
Contracts for purchase will be put into effect by means of a
purchase order executed by the Districts’ Buyer, Deborah Bushnell on an “as
needed” basis. The District will assume
no responsibility for payment of any goods or services without a duly processed
purchase order possessing a District purchase order number.
Seller will package goods in accordance with good commercial
practice. Each shipping container shall
be clearly marked with the Seller’s name and address, consignee’s name, address
and purchase order number. Title and
risk of loss of the goods shall not pass to the District until the District
actually receives and takes possession of the goods at the point of
delivery.
All orders
shall be F.O.B. destination, Galena Park Independent School District and prices
shall include all freight and delivery charges. Galena Park ISD
assumes no liability for goods delivered in damaged or unacceptable
conditions. The successful bidder shall
handle all claims with carriers, and in case of damaged goods, shall ship
replacement goods immediately. Items,
which require delivery, must be delivered during the District’s normal business
hours.
It shall be the vendor’s responsibility to make sure that
all products and materials used or delivered, and his project/service, complies
with all applicable federal, state, and local laws, codes, and
regulations. Seller warrants that all
products sold to the District shall conform to the standards promulgated by the
U.S. Department of Labor under the Occupational Safety and Health Act of 1970.
All contracts and agreements between contractor and the
District shall strictly adhere to the statutes as set forth in the Uniform
Commercial Code as last amended by the American Law Institute in the National
Conference of Commissioners on Uniform State Laws. Both parties agree that venue for any litigation arising from
this contract shall lie in Harris County, Texas. The laws of the State of Texas and the Uniform Commercial Code
shall govern this contract.
Mail invoice to: Galena Park ISD, Accounts Payable, PO Box
565, Galena Park, TX 77547.
Material Safety data sheets is required for any items, which
may have chemicals and/or components, which would require these sheets.
Galena Park ISD's purchase order number must appear on
invoices and statements. Invoices shall
be itemized and transportation charges, if any, shall be listed separately.
Seller shall submit separate invoices for each purchase order. Excise tax
exemption certificates will be furnished upon request.
The District shall have the right to cancel this contract
for any reason, at any time, with written notice to the vendor/contractor.
Those persons qualified and experienced in tasks of the
nature and difficulty encountered shall perform all work. During the process of the work and upon
completion, the project will be inspected by GPISD to verify that the job has
been performed according to specifications and details.
The prevailing rates of wages are the minimums that must be
paid in conformance with all applicable laws of the State of Texas.
The contractor shall protect, defend, save harmless, and
indemnify the District, its employees, and the public from any claims, demands,
or expense on account of any injury, alleged or real, to persons, or damage
alleged or real, to property arising out of anything done or omitted to be done
under this contract by the Contractor, any Sub-Contractor, or anyone directly
or indirectly employed by either of them.
The approved vendor must carry insurance in the stated
amounts to cover his employees and vehicles, which may come in contact with any
GPISD property. Amounts of policies of
insurance as required shall be within limits no less than those stated
hereafter: Property Damage Liability: $100,000 each accident; Property Damage
Aggregate: $500,000 each accident; Bodily Injury liability: $500,000 each
occurrence; Automobile Liability Bodily Injury: $500,000 each occurrence; Total
Liability: $1,000,000 each occurrence or aggregate.
Bidders must complete
and sign the following forms:
Failure to do so may result in disqualification of your bid.
1.
Bid Response Form
2.
Affidavit of Non
Collusion
3.
Certificate of
Residency
4.
Felony Conviction
Notice
There shall be no substitutions of any item without the
prior approval from the originator of the order.
An article defined by using the name of a manufacturer or a
brand name shall be understood as indicating type, function, minimum standard
of design, and quality desired. Brands
of equal quality or type may be submitted except where "no
substitutions" is indicated. If
vendor quotes other than the specified brand, vendor must indicate brand name
and stock number for that item. Galena
Park ISD reserves the right to make final decisions as to comparable items.
All jobs performed for the District are to be performed
according to federal, state, and local regulations by skilled personnel who
have been properly trained for this type of project.
Contractor will supply transportation to and from the work
site. The contractor will furnish all
materials and equipment for the job.
Remedies for
Non-Performance of Contract and Termination of Contract
If the vendor cannot comply with the terms and conditions in
fulfilling its contract as anticipated, the vendor must supply the same
products or services contracted from other sources at the contract price. The vendor’s delay in the above will
constitute the vendor’s material breach of contract, whereupon the Galena Park
ISD Purchasing Department may terminate the vendor’s contract for cause as
provided by the remainder of this section.
Unless this contract is extended by mutual agreement of the
parties on a month to month basis beyond the expiration of the contract time
period as stated, this contract shall terminate upon expiration of the contract
as stated in the Special Terms & Conditions.
If any delay or failure or performance is caused by a Force
Majeure event described in this document entitled “Force Majeure”, the Galena Park ISD Purchasing Department , in its
sole discretion, terminate this contract in whole or part , provided such
termination follows the remaining requirements of this section.
Except as otherwise provided for in this document, this
contract may be terminated on whole or in part by either party in the event of
substantial failure by the other party to fulfill its obligations under this
contract through no fault of the terminating party; provided that no such
termination may be implemented unless and until the other party is given (1) at
least ten (10) days written notice (delivered by certified mail, return receipt
requested) of intenet to terminate, and (2) an opportunity for consultation
with the terminating party, followed by a reasonable opportunity, of not more
that ten (10) working days, to rectify the defects in products or performance,
prior to termination.
Valid causes for termination of this contract will include,
but are not limited to:
· The vendor’s failure to adhere to any of the provisions of
the General/Special Terms and Conditions of this Bid Invitation.
· The vendor delivering any product(s) that fail to meet the
item specification relating to the awarded product(s)
· The vendor’s delivering any substitution of product
different that those originally bid and awarded without the prior written
approval of the Purchasing Department or User Department.
· The vendor’s failure to meet the required delivery schedules
as identified in the contract documents, or
· The vendor’s violation of any provision contained in these
General/Special Terms & Conditions or any attachment thereto which provides
for contract termination as a remedy.
Notwithstanding
anything contained in this section, in the event of the vendor’s breach of any
provision in this contract, Galena Park ISD reserves the right to enforce the
performance of this contract in any manner prescribed by law or deemed to be in
the best interest of the district, including but not limited to the purchase of
other products of like type and quality from other sources, the District will
invoice the vendor for any increased cost to Galena Park ISD, and the vendor
agrees, by submission of a bid response, to promptly pay any such charges
invoiced.
In the event Galena Park ISD terminates this contract, in
whole or in part, for any reason provided for within the contract, the District
reserves the right to award the cancelled contract, or any portion thereof, to
the next lowest or best bidder as it deems such award to be in the best
interest of the District.
Any contract termination resulting form any cause other than
a Force Majeure event will be deemed valid reason for not considering any
future bids from the defaulting vendor.
In the performance of this contract, time is of the essence
and these General/Special Terms and Conditions are of the essence.
Force Majeure
The term Force Majeure shall include, but is not limited to,
governmental restraints or decrees, provided they affect all companies in the
vendor’s industry equally and are not actions taken solely against the vendor;
acts of God (except natural phenomena, such as rain, wind or flood, which are
normally expected in the locale in which performance is to take place); work
stoppages due to labor disputes or strikes; fires; explosions; epidemics;
riots; war; rebellion; or sabotage.
The parties to this contract will be required to use due
caution and preventive measures to protect against the effects of Force Majeure,
and the burden of proving that Force Majeure has occurred shall rest on the
party seeking relief under this section.
The party seeking relief due to Force Majeure will be required to
promptly notify the other party in writing, citing the details of the Force
Majeure event, and will be required to use due diligence to overcome obstacles
to performance created by the Force Majeure event, and shall resume performance
immediately after the obstacles have been removed, provided the contract has
not been terminated in the interim.
Delay or failure of performance, by either party to this
contract, caused solely by a Force Majeure event shall be excused for the
period delay caused solely by the Force Majeure event, provided the affected
party has promptly notified the other party in writing. Neither party shall have any claim for
damages against the other resulting from delays caused solely by Force Majeure.
Galena Park ISD will not be responsible for any costs
incurred by the vendor because of the Force Majeure event unless the District
has requested, in writing that the vendor incur such costs in connection with
any delay or work stoppage caused be the Force Majeure event, and the District
has agreed in such writing to incur such additional cost.
Notwithstanding any other provision of this section, in the
event the vendor’s performance of its obligations under this contract is
delayed or stopped by a Force Majeure event, the District shall have the option
to terminate this contract in accordance to the document entitled “Remedies for
Non-Performance of Contract and Contract Termination”. Furthermore, this
section shall be interpreted as to limit or otherwise modify any of the
Districts rights as provided elsewhere in this contract.
VENDOR
AWARD CRITERIA
It is not the policy of GPISD to purchase on the
basis of low bids alone.
In determining contract award to vendors, GPISD may
consider the following:
·
The
purchase price
·
The
reputation of the vendor and of the vendor’s goods/services
·
The
quality of the vendor’s goods/services
·
The
extent to which the goods/services meet the district’s needs
·
The
vendor’s past relationship with the district
·
The
long-term cost to the district
·
Any
other relevant factor that a private business entity would consider in
selecting a vendor, such as:
a)
Vendor response time
b)
Compatibility of goods with those already in use in the district