REQUEST FOR QUOTATION Submit Bid To UNIVERSITY OF KANSAS MEDICAL CENTER DEPARTMENT OF PURCHASING Mail Stop 2034 3901 Rainbow Blvd., Kansas City, KS 66160 IF ADDITIONAL INFORMATION IS DESIRED CONTACT BRYAN THOMAS, 913-588-1115, or fthomas@KUMC.edu Quotation No.683F16-26 Date Mailed 12/11/15 Closing 2:00 pm 1/05/16 This space for bidders name and address: THIS IS NOT AN ORDER If Given an Order, Bidder Agrees to Furnish the Items Enumerated Hereon at the Price(s) and under the Conditions Indicated 1. In communicating always refer to the quotation number above. 2. In order to receive consideration for award, one copy of this “Request for Quotation” properly completed and signed must be returned to, and received by the Department of Purchasing, not later than the specified central time. 3. All prices, items and conditions must be shown. Any prices, terms and conditions not shown, and presented after the specified closing time will not be considered in the bid evaluating process. 4. Purchase orders or contracts resulting from this quotation may not be assigned without written prior approval from the Director of Purchasing. 5. The seller agrees to protect the purchaser from all damage arising out of alleged infringements of patents. 6. Unless otherwise specified, the Director of Purchasing reserves the right to accept or reject all or any part of this quotation. 7. All offered discounts will be considered in determining the low bid, and taken when payment is made. 8. Bids and performance guarantee, when required, will be outlined in the specifications below. 9. All prices quoted are to be less federal excise and state sales taxes. 10. Facsimile No.: 913-588-1102. Facsimile bids are not acceptable in lieu of original response unless prior approval has been granted or outlined in the specifications below. 11. It is hereby agreed that the bidder will, if required by law, comply with the Kansas Act Against Discrimination, K.S.A. 44-1030 et seq. Items and Specifications KUMC seeks to procure Recycling Bins, per the attached specifications. KUMC reserves the right to negotiate with selected finalists should it be deemed necessary. Show Terms __________________________________ Delivery will be made _______ days after receipt of order FOB Destination FEIN/SSAN __________________________________ Page 1 of 9 Signed By __________________________________________ Title _______________________________________________ Date _______________________________________________ Phone ______________________________________________ KUMC, Request for Quotation No. 683F16-26 GENERAL TERMS AND CONDITIONS 1. It is the intent of KUMC to permit competitive bidding. It is the bidder’s responsibility to advise KUMC Purchasing, in writing no later than three (3) days prior to the closing date, if any specification or requirement limits bidding to a single source. 2. Unless otherwise specified, KUMC reserves the right to accept or reject all or any part of a quotation, and to waive technicalities. 3. Except as otherwise indicated, the merchandise quoted shall be in new condition. 4. KUMC reserves the right to award purchases by item, by group, or by lot, whichever is deemed to be in its best interest. 5. In the event of a tie for low bid, the award shall be made to a Kansas bidder. 6. Unit price shall prevail in the event of extension errors. 7. When brand names or trade names and model numbers are used in the bid request, it is for quality, style and features. Bids on equivalent items of substantially the same quality, style and features are invited, unless otherwise indicated. However, to receive consideration, such equivalent bids must be accompanied by sufficient literature and/or specifications to clearly identify the items and allow for functional evaluation. If a bid indicates that an item quoted is functionally equivalent and is purchased and found to not be comparable, KUMC reserves the right to return the item at the bidder’s expense, and the bidder will be charged back for any difference in cost for the specified item. 8. If any portion of this bid is provided by a vendor other than the bidder, the bidder remains the prime contractor responsible for fulfilling all requirements of this bid. 9. Samples of items, when required, shall be furnished at no expense to KUMC, and, if not destroyed in the evaluation process, will be returned at the bidder’s expense if requested. 10. Partial payments can only be made with the prior approval of the Project Coordinator. 11. Any conviction for a criminal or civil offense that indicates a lack of business integrity or honesty must be disclosed. This includes 1) conviction of a criminal offense incidental to obtaining or trying to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; 2) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of documents, receiving stolen property; 3) conviction under state or federal antitrust statutes; and 4) any other offense to be serious and compelling as to affect responsibility as a state contractor. Failure to disclose an offense may result in disqualification of the bid or termination of the contract. 12. The terms and conditions of any quote submitted in response to this RFQ shall not apply to any resulting purchase order or contract. The State of Kansas Department of Administration Contractual Provisions Attachment shall apply. http://www.kumc.edu/Documents/purchasing/KU-146a%20(Rev%20%200514)%20Contractual%20Provisions%20Attachment.pdf 13. Qualified contractors and sub-contractors must develop and maintain a written Affirmative Action plan. 14. For similar KUMC requests: http://www2.kumc.edu/finance/purchasing/bids.html Page 2 of 9 Specifications The University of Kansas Medical Center is seeking bids for a Outdoor Movie Screen Package. Pricing should include all freight. Call Bryan Thomas at (913)588-1115 or e-mail at fthomas@kumc.edu if you have any questions. Substitutions are allowed and must reasonably comply with the specifications below. Please identify all warranties, substitutions, and any available options. Recycling Receptacles Types of Containers 1. Mixed Recyclables Recycling Container 2. Paper Recycling Container 3. Landfill Container Quantities Needed: 800-1000 Delivery will be phased as noted below to accommodate recycling program rollout needs. Pricing should apply to replacement orders. Beta Testing – 120 Bins (40/40/40) Phased Rollout Plan (over 12 months) o Order 1 – 270 bins (90/90/90) o Order 2 – 270 bins (90/90/90) o Order 3 – 270 bins (90/90/90) Bins/Receptacles Color – Dark Grey, Charcoal Grey Dimensions o Width (with lid): 21" o Depth: 14" o Height: 35" o Minimum Capacity: 23 gallons o Weight: 10lbs Includes container connectors (to attach sets of 3 bins together) Bin/Receptacle Lids Ability to provide multiple color options representing each type of lid. For example: o Mixed Recycling Bin Lid - pastel green o Mixed Recycling Open top Bin Lid - pastel green o Mixed Paper Bin Lid - Pastel blue/Magenta o Landfill Open Top Bin Lid - Dark grey/Black Lid opening dimensions o Mixed Recycling Opening o Mixed Paper Opening o Landfill Opening o *Provide graphic options for the three options identified above. Labels Page 3 of 9 Graphics (front and side labels) for Mixed Recyclables, Paper, and Landfill Containers (Graphics should use “Landfill” as labeling text instead of “trash”) Quantity to correspond with number of units ordered Provides the university the option to modify the decals/artwork. *Provide any and all graphic options available Material Preferences Made from 50% recycled material Moulded Bodies and Lids-Duratec Graphics-Vinyl Inj. Moulded Sign Carrier-Duratec Sign Carrier Clear Insert-Polycarbonate Blow Moulded Reservoir-Durapol Inj. Moulded Reservoir-Duratec Pricing Provide replacement cost for bins, lids, decals, connectors Freight – o Provided separately from pricing; should be FOB Destination. o Freight shall be prepaid and added to the invoice. o Not charged for return of damaged goods Vendor will provide assistance with delivery and distribution of bins to designated locations at no additional cost Contract pricing available to ALL political subdivision of the University of Kansas Standard/Stock Colors offered by the vendor may be designated by the University to accommodate program changes as needed. All components can be purchased separately. Pricing Table Format Other Substitutions – 1 full set of sample bins with graphics, lids, and connectors required at no cost prior to award of contract Warranty - Minimum 2 years for manufacturer related issues Contract Term - 3 years with 2 annual renewal options Page 4 of 9 Description Bin with Lid and Front Decal (Standard) Bin with Lid and Side Decal (Standard) Bin with Lid, Front Decal and Side Decal (Standard) Bin with Lid and Front Decal (Custom) Bin with Lid and Side Decal (Custom) Bin with Lid, Front Decal and Side Decal (Custom) Replacement Bin Additional Decals Additional Connectors Replacement Lid - Open Top Replacement Lid Mixed Recycling Replacement Lid Cans/Bottles Replacement Lid Paper Page 5 of 9 Single Bins Set of three bins without connectors Set of three bins with connectors 120 Bins with connectors 120 Bins without connectors 270 bins with connectors 270 bins without connectors General Terms and Conditions 1. Contract Documents: In the event of a conflict in terms of language among the documents, the following order of precedence shall govern: Form KU-146a; written modifications to the executed contract; written contract signed by the parties; the Bid Event documents, including any and all amendments; and Contractor's written offer submitted in response to the Bid Event as finalized. 2. Modification: This contract shall be modified only by the written agreement and approval of the parties. No alteration or variation of the terms and conditions of the contract shall be valid unless made in writing and signed by the parties. Every amendment shall specify the date on which its provisions shall be effective. 3. Termination for Cause: The Director of Purchasing may terminate this contract, or any part of this contract, for cause under any one of the following circumstances: the Contractor fails to make delivery of goods or services as specified in this contract; the Contractor provides substandard quality or workmanship; the Contractor fails to perform any of the provisions of this contract, or so fails to make progress as to endanger performance of this contract in accordance with its terms. The Director of Purchasing shall provide Contractor with written notice of the conditions endangering performance. If the Contractor fails to remedy the conditions within ten (10) days from the receipt of the notice (or such longer period as University may authorize in writing), the Director of Purchasing shall issue the Contractor an order to stop work immediately. Receipt of the notice shall be presumed to have occurred within three (3) days of the date of the notice. 4. Termination for Convenience: The Director of Purchasing may terminate performance of work under this contract in whole or in part whenever, for any reason, the Director of Purchasing shall determine that the termination is in the best interest of the University of Kansas Medical Center. In the event that the Director of Purchasing elects to terminate this contract pursuant to this provision, it shall provide the Contractor written notice at least 30 days prior to the termination date. The termination shall be effective as of the date specified in the notice. The Contractor shall continue to perform any part of the work that may have not been terminated by the notice. 5. Rights and Remedies: If this contract is terminated, the University, in addition to any other rights provided for in this contract, may require the Contractor to transfer title and deliver to the University in the manner and to the extent directed, any completed materials. The University shall be obligated only for those services and materials rendered and accepted prior to the date of termination. In the event of termination, the Contractor shall receive payment prorated for that portion of the contract period services were provided to or goods were accepted by University subject to any offset by University for actual damages including loss of federal matching funds. The rights and remedies of the University provided for in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. Page 6 of 9 6. Price Adjustments: Prices shall remain firm for the entire contract period. Prices shall be net delivered, including all trade, quantity and cash discounts. Any price reductions available during the contract period shall be offered to the University. Failure to provide available price reductions may result in termination of the contract for cause. On the yearly anniversary date of this contract, costs may remain at the existing contract price or a request for adjustment may be made, either upward or downward, keyed to industry changes. Contractor shall furnish documentation at least 30 days prior to expiration date to substantiate any claim for increase. Price increases shall not exceed five percent (5%) of the existing contract. The University reserves the right to accept, amend or deny any such price increase. If parties to the contract cannot agree on renewal terms, it is hereby understood that the contract will be rebid. 7. Payment: Payment Terms are Net 30 days. Payment date and receipt of order date shall be based upon K.S.A. 75-6403(b). This Statute requires state agencies to pay the full amount due for goods or services on or before the 30th calendar day after the date the agency receives such goods or services or the bill for the goods and services, whichever is later, unless other provisions for payment are agreed to in writing by the vendor and the state agency. NOTE: If the 30th calendar day noted above falls on a Saturday, Sunday, or legal holiday, the following workday will become the required payment date. Payments shall not be made for cost or items not listed in the vendor’s response. Page 7 of 9 State of Kansas University of Kansas KU-146a (Rev. 05-14) CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor’s standard contract form, then that form must be altered to contain the following provision: “The Provisions found in Contractual Provisions Attachment (Form KU-146a, Rev. 05-14), which is attached hereto, are hereby incorporated in this contract and made a part thereof.” The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _______ day of ____________, 20_____. 1. Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified. 2. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the University of Kansas or any of its affiliates (“University”) to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The terms, conditions, and limitations of liability of the State of Kansas, the University, and their employees are defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.). 3. Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the University may terminate this agreement at the end of its current fiscal year. The University agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided under the contract for which it has not been paid. The University will pay contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement under this provision, title to any such equipment shall revert to contractor at the end of the University’s current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Kansas Law and Venue: All matters arising out of or related to this agreement shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit arising out of or related to this agreement shall reside only in courts located in the State of Kansas. 5. Required Non-Discrimination Provision: Contractor agrees to comply with all applicable state and federal antidiscrimination laws. Contractor specifically agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 441001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase “equal opportunity employer”; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission or if it is determined that the contractor has violated applicable provisions of ADA, such violation(s) shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the University. The provisions of this paragraph (except the provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the University cumulatively total $5,000 or less during the fiscal year. Page 8 of 9 Contractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance individuals in employment without regard to race, color, religion, sex, national origin, protected veteran status or disability. 6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the University has agreed to binding arbitration, or the payment of damages or penalties. Further, the University does not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages or rights of action available to the University at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 8. Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The University shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The University shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require the University to establish a “selfinsurance” fund to protect against any such loss or damage. 11. Information/Confidentiality: As a state agency, the University’s contracts are generally public records. Accordingly, no provision of this contract shall restrict the University’s ability to produce this contract in response to a lawful request or from otherwise complying with the Kansas Open Records Act (K.S.A. 45-215 et seq.). Moreover, no provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq. 12. The Eleventh Amendment: The Eleventh Amendment is an inherent and incumbent protection of the State of Kansas and need not be reserved, but the University here reiterates that nothing in or related to this contract shall be deemed a waiver of the Eleventh Amendment. 13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement. 14. Privacy of Student Records: Contractor understands that the University is subject to FERPA (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g) and agrees to handle any student education records it receives pursuant to this Agreement in a manner that enables the University to be compliant with FERPA and its regulations. Contractor agrees to protect the privacy of student data and educational records in a commercially reasonable manner and shall not transmit, share, or disclose any data about a student without the student’s written consent, except to other University officials who seek the information within the context of his/her professionally assigned responsibilities and used within the context of official University business. Contractor shall promptly report to the University any disclosure of University’s student educational records. Page 9 of 9