REQUEST FOR COMPETITIVE SEALED PROPOSALS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

CSP# 27.03

West Brook High School Roofing Project

CSP 27.03

Issued by:

Beaumont Independent School District – Procurement Department

3395 Harrison Avenue Beaumont, TX 77706 Phone: 409-617-5000

URL: www.bmtisd.com Email: bids@bmtisd.com

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

SECTION 1 – PROJECT OVERVIEW

Project Schedule:

Pre-Proposal Conference: Friday, October 30, 2026, at 10:00 a.m.

Questions Due: Wednesday, November 4, 2026, by 2:00 p.m.

Responses to Questions Posted: Wednesday, November 11, 2026, by 2:00 p.m.

Response to CSP Due: Friday, November 20, 2026, by 2:00 p.m.

Reference Questionnaires Due: Friday, November 20, 2026, by 2:00 p.m.

Ranking - Board Action & Contract Approval: Estimated December 15, 2026 Notice to Proceed: Estimated January 18, 2027 Estimated date of Substantial Completion: Estimated April 30, 2027

Project Overview and Scope: Beaumont Independent School District (“BISD,” “District,” “Owner”) is seeking Competitive Sealed Proposals from qualified proposers to provide construction services for the West Brook High School Roofing Project at West Brook High School, 8750 Phelan Boulevard, Beaumont, TX 77706 (the “Project”). The Project scope of work consists of complete silicone roofing system for the High School and Batting Facility and as set forth in the Project Manual, incorporated by reference herein.

Estimated Budget: The estimated budget for the Project is $1,100,000.

Award/Contract Approval: This procurement, any award under this procurement, and the resulting contract, if any, is subject to approval by the BISD Board. Subsequent to required approval, the only person authorized to commit BISD contractually is the Superintendent. This solicitation is an invitation for sealed proposals and neither this solicitation nor the response or the proposal from any prospective proposer/contractor (“Proposer”) shall create a contractual relationship that would bind BISD until such time as both BISD and the selected proposer/contractor sign a legally binding contract, which includes, without limitation, the terms required by BISD.

A response to this procurement solicitation is an offer to contract with BISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation and the construction documents. A contract is not formed unless and until a proposal is accepted and awarded by BISD after approval by the BISD Board of Managers. BISD will utilize BISD’s Minor construction agreement. Any exceptions to BISD’s modifications to the Minor construction agreement must be clearly indicated in the proposer’s submission. Each Proposer, by making its proposal, represents that the Proposer has read, understands, and agrees to BISD’s Minor construction agreement.

Pre-Proposal Conference: Pre-Proposal conference agenda will include review of topics that may affect proper preparation and submittal of proposals and is scheduled for 10:00 a.m. on Friday, October 30, 2026 at West Brook High School, 8750 Phelan Blvd., Beaumont, TX 77706. Attendance at the pre-proposal meeting is not mandatory, but all proposers are highly encouraged to attend.

Proposal Deadline/Submission of Proposals: Sealed proposals for the construction work to be performed as required and/or contemplated under this request for competitive sealed proposals and as described herein, including but not limited to in Section 2 – Instruction to Proposers, and the construction documents must be received no later than Friday, November 20, 2026 by 2:00 p.m. Proposals will be publicly opened and read aloud at 2:00 p.m. on Friday, November 20, 2026 at the BISD Administration Building located at 3395 Harrison Ave., Beaumont, TX 77706.

ANY PROPOSAL RECEIVED AFTER THE TIME AND DATE STATED ABOVE WILL NOT BE CONSIDERED. UNSIGNED PROPOSALS AND/OR PROPOSALS RECEIVED VIA FACSIMILE OR EMAIL WILL NOT BE CONSIDERED. ALL RESPONSES MUST BE RECEIVED

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

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AT THE ADDRESS SHOWN ABOVE. RESPONSES SENT/ DELIVERED TO ANY OTHER DISTRICT ADDRESS WILL NOT BE CONSIDERED. RESPONSES NOT MADE AS SET FORTH IN THE REQUEST FOR CSP MAY BE DEEMED NON-RESPONSIVE AND

MAY NOT BE CONSIDERED.

Proposals that have been opened may not be changed for the purpose of correcting an error in the price. Other than price, a proposer may have the right to change any other error or mistake in the proposal as may be permitted by applicable law and subject to the approval of BISD, unless such change would be in contravention of statutory or common law requirements or unless such change would give an unfair advantage to the proposer making such change.

Proposals Opening Time/Location: Following the deadline for receipt, the BISD’s staff will receive, publicly open, and read aloud the names of the Offerors and, if any are required to be stated, all prices stated in the proposals. Within forty-five

(45) days after the opening of the proposals, the BISD shall evaluate and rank each proposal submitted in relation to the selected criteria set forth in Section 2, sub-section 8 – Selection Criteria.

Contract Term: Actual work to be performed and the schedule for performance under this solicitation will be upon the terms, conditions, and timelines agreed upon by BISD and the selected contractor. Time is of the essence for this project.

All work listed in the construction documents shall be substantially completed no later than April 30, 2027, the estimated project completion date. Final completion shall be completed no later than May 30, 2027.

Reservations and Waivers: This procurement solicitation shall be in accordance with applicable law and District policies and general terms, including the following:

a. This procurement solicitation does not obligate District to award a contract or pay any costs incurred by the Proposer in the preparation and submittal of a proposal. The District assumes no financial responsibility for any costs incurred by proposers in developing and submitting a proposal, participating in pre-proposal meetings, or any other costs incurred by proposers in connection with this procurement solicitation.

b. THE DISTRICT, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL AND/OR REJECT ANY AND ALL PROPOSALS OR A PART OF A PROPOSAL, WITHOUT REASON OR CAUSE, SUBMITTED IN

RESPONSE TO THIS SOLICITATION.

c. THE DISTRICT RESERVES THE RIGHT TO REJECT ANY NON-RESPONSIVE OR CONDITIONAL PROPOSAL.

d. THE DISTRICT RESERVES THE RIGHT TO WAIVE ANY FORMALITIES, IRREGULARITIES, AND/OR TECHNICALITIES

IN THIS SOLICITATION, THE CONSTRUCTION AND/OR PROCUREMENT DOCUMENTS, AND/OR ANY

PROPOSALS RECEIVED OR SUBMITTED.

e. BY SUBMITTING A PROPOSAL, PROPOSER AGREES TO WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST THE DISTRICT AND/OR ITS BOARD MEMBERS, ADMINISTRATORS, EMPLOYEES, AND/OR AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, OR RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, PROCUREMENT PACKAGE, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE

AWARD OF A CONTRACT, IF ANY.

f. The District reserves the right to withdraw/cancel this solicitation at any time for any reason, remove any scope component for any reason and to issue such clarifications, modifications and/or amendments as deemed appropriate by BISD, in its sole discretion.

g. Proposers may request permission to withdraw a proposal prior to the actual time for proposal opening. Such request must be made in person or in writing at the same location designated to receive the proposal. The BISD will return the proposal documents unopened at that time.

h. Proposals received will become a part of the District’s official files without further obligation to the respondents.

i. Proposers shall not, under penalty of law, offer any gratuities, favors, or anything of monetary value to any officer or employee of BISD, or to any consultant, employee, or member of BISD for the purpose of or having the effect of influencing favorable disposition toward their own proposal or any other proposal submitted hereunder.

j. No employee, officer, or member of BISD shall participate in the selection, development of a response to this

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procurement solicitation, award or administration of a contract resulting from this procurement solicitation if a conflict of interest, real or apparent, would be involved.

k. Proposers shall not engage in any activity that will restrict or eliminate competition. This does not preclude joint ventures or subcontracts.

l. Proposers must provide all requested information; failure to comply with any portion of this solicitation will be reflected in the evaluation process. The District reserves the right to accept or reject any submission or any part thereof or any combination of submissions and to waive any or all formalities. All responses in the submission may be used by the District in the evaluation and selection process. The District reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the District and/or evaluators without regard to whether such information appears in the submission.

m. By submitting its proposal in response to this procurement solicitation, the Proposer accepts the evaluation process and acknowledges and accepts that the evaluation of the detailed methodology and the selection criteria and awarding of weighted values/points will require subjective judgments by the District and the evaluators and will be based upon the information responsive to the Evaluation Criteria as published with this procurement solicitation, which includes information submitted by the Proposer and/or information available to the District and the evaluators.

n. Any Proposer who submitted a proposal may appeal BISD’s award, if the appeal is based on deviations from laws, rules, regulations, or BISD Board policies. BISD Board Policy GF (Local) applies to any Proposer wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a Proposer shall submit a complaint/appeal form by hand-delivery, fax, or U.S. mail, to BISD’s Deputy Superintendent of Organizational Effectiveness. Complaints/appeals must be received by the close of business on or before the 15th BISD business day after award of the contract. In the event Proposer is unsure about the award of the contract, it is the Proposer’s responsibility to contact BISD on the next business day after the award is announced and verify details concerning the award

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

SECTION 2 – INSTRUCTIONS TO PROPOSERS

1. Definitions:

Procurement Documents include the procurement requirements and the proposed contract documents. The procurement requirements consist of this Request for Competitive Sealed Proposals, including its exhibits and attachments, and all addenda. The proposed Contract Documents consist of the Minor construction agreement. The contract documents are included herein as Exhibit C.

2. Review of Construction Documents

A complete set of documents (collectively, “Procurement Documents”) shall be used in preparing a proposal; neither BISD nor BISD’s consultants assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of construction and/or procurement documents. Each prospective proposer should carefully review the construction documents and take such steps as may be reasonably necessary to ascertain the resulting contract performance requirements. Failure to do so will not relieve proposers from the responsibility of estimating properly the difficulty/level of effort or cost of successfully performing any resulting contract. After the proposals have been opened, BISD shall have the right to review the proposals and examine the credentials and qualifications of each proposer, using all information available to BISD, to determine whether any or all of the proposals are responsive and to make a determination as to whether any one or more proposers are qualified, responsible contractors.

Proposers shall carefully study and compare the Procurement Documents with each other, shall examine the site and local conditions, and shall at once report to the district errors, inconsistencies, or ambiguities discovered.

3. Questions

For questions regarding this Request for Competitive Sealed Proposals, please contact BISD Procurement department via email at bids@bmtisd.com.

Questions or requests for information must be received no later than 2:00 pm. Wednesday, November 4, 2026.

Questions/requests will be responded to no later than 2:00 p.m. Wednesday, November 11, 2026.

All questions and/or requests for information shall be responded to in writing by return email only to the original sender, if there are no changes to the Contract Documents. Should there be any interpretations, corrections, and/or changes to the procurement or construction documents by BISD, it will be in the form of an addendum.

Interpretations, corrections and changes of the Procurement Documents made in any other manner will not be binding, and Proposers shall not rely upon them. All such addenda shall be posted where the original procurement documents were placed. Receipt of any addenda issued by BISD shall be deemed as acknowledged by the Proposer upon the submission of Proposer’s Proposal.

Proposers shall not contact District campuses, Maintenance staff, administrators, or other District employees regarding this solicitation. All communications concerning the solicitation, specifications, requests for clarification, and proposed substitutions shall be directed to the BISD Procurement department at bids@bmtisd.com.

4. General Requirements

a. BISD is seeking proposals from qualified, responsible contractors to provide construction services.

b. The contractor must have the administrative and fiscal capability as well as experience to provide and manage the services requested.

c. The contractor must comply with all applicable federal, state, and local laws, ordinances, rules, regulations and orders of all authorities having jurisdiction over the contract.

d. The contractor must be adequately insured and bonded.

e. The contractor must employ qualified personnel with adequate training and experience and in adequate numbers.

mailto:bids@bmtisd.com

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

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5. Proposer Eligibility for Contract Award In order for a proposer to be eligible to be awarded a contract, the proposal must be responsive to the solicitation and BISD must be able to determine that the proposer is responsible to perform the resulting contract satisfactorily.

Responsive proposals are those that comply with all material aspects of the solicitation, conform to the Procurement Documents, and meet the requirements set forth in this solicitation. Proposals that do not comply with the terms and conditions of the solicitation will be rejected as non-responsive.

Each proposer shall complete, and submit with the proposal, the applicable forms contained in the solicitation. When a special license or permit is required by Federal, State or Local law or ordinance or required by a company or otherwise to perform the work, the proposer must be properly licensed prior to submitting a proposal to BISD and must furnish evidence of such licensing or credentials with the proposal.

Responsible proposers, at a minimum, must meet all of the following requirements:

• Be an experienced contractor who has served as a prime contractor on similar construction projects for schools/governmental entities and be knowledgeable about requirements for construction of and building elements for schools including, without limitation, applicable building code requirements;

• Provide a warranty and support for any equipment installed as part of the construction services;

• Possess or is able to obtain adequate financial resources as required to perform under any contract resulting from this procurement solicitation;

• Have a responsible safety record;

• Be able to obtain payment and performance bonds of the types and in the amounts described in this procurement solicitation;

- Proposers must provide a letter of statement from a bonding company that the proposer general contractor is eligible to obtain both payment and performance bonds of the types described in this procurement solicitation. Proposers must include such letters in their proposals.

- Payment and performance bonds shall be provided after the proposal/contract award in order to proceed with contract execution.

- Proposers shall include the related bond cost within their proposal amount.

• Comply with all prevailing wage rate requirements;

- The contractor who is awarded a contract resulting from this procurement solicitation must pay not less than the prevailing wage rates determined by BISD, as set forth in Exhibit B, included herein, to a worker employed by it in the execution of a contract and must keep a record of such, as detailed in this procurement solicitation.

• Be able to obtain all required permits, licenses, etc.

- All permit costs, inspection costs by governmental authorities having jurisdiction and associated fees, including but not necessarily limited to, building permits, sprinkler permits, canopy permits, fence permits, etc. will be paid by the selected proposer.

- Contractor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform the contract resulting from this procurement solicitation.

Contractor must comply with all state and local building code requirements.

- Proposers shall include the related permitting and inspection costs within their proposal amount.

• Submit all required proposal forms. If there are any missing proposal form pages, proposers may be disqualified.

• Be able to comply with the required performance schedule, taking into consideration all existing business commitments;

• Have necessary management and technical capability to perform any resulting contract;

• Be qualified as an established firm regularly engaged in the type of business to provide the items/work required by this solicitation;

• Be registered to do business in the State of Texas;

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

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• Be in good standing with the State of Texas;

• Be otherwise qualified and eligible to receive a contract award under applicable laws and regulations.

Proposals deviating or taking exceptions to the solicitation requirements may not be considered. A person is not eligible to be considered for award of this solicitation or any resulting contract or to be a subcontractor of the proposer or prime contractor if the person assisted in the development of this solicitation or any part of this solicitation or if the person participated in a project related to this solicitation when such participation would give the person special knowledge that would give that person or a prime contractor an unfair advantage over other proposers.

6. Preparation for Proposal; Proposal Submittal

a. A proposal must be complete and include all the information requested on the attached forms and may include any other forms or documents to support the proposal submitted by the Proposer and shall be signed by an authorized official of the company submitting the proposal. The person signing the proposal shall initial any changes or erasures appearing on the proposal forms.

b. Proposers may respond to this CSP by submitting hard copies delivered by U.S. Postal mail, courier, or hand delivery to BISD no later than the exact date/time and at the place indicated in this CSP. All required documentation and forms must be completed, signed, scanned, and enclosed in Proposer’s sealed envelope.

Proposers shall submit 1 original and 2 copies of proposals in a sealed envelope and are responsible for ensuring that their proposals are time-stamped to evidence timely submission.

c. All proposals shall be delivered for submission to:

Attn: BISD Procurement department 3395 Harrison Avenue

Beaumont, Texas 77706

d. All proposal envelopes/packages must be sealed and must be plainly marked on the outside as follows:

SEALED PROPOSAL – DO NOT OPEN

CSP # 27.03-WEST BROOK HIGH SCHOOL ROOFING PROJECT

Proposals submitted via hand-delivery by the Proposer will only be accepted at 3395 Harrison Avenue Beaumont, TX 77706, between the hours of 8 a.m. and 4 p.m., Monday through Friday, on BISD business days.

e. References. Proposer shall identify the required references on Attachment 1 – Contractor References and shall provide the District's Reference Questionnaire to each reference identified for purposes of evaluation. It is the Proposer's sole responsibility to ensure that the required number of completed Reference Questionnaires are received directly from the references by Beaumont ISD no later than the deadline stated in this CSP.

Completed Reference Questionnaires shall be submitted directly by the reference to bids@bmtisd.com and shall not be included in the Proposer's sealed proposal. Reference Questionnaires submitted by the Proposer on behalf of a reference may not be considered.

BISD is not responsible for contacting references or following up with references that fail to submit a questionnaire by the stated deadline. Only Reference Questionnaires received by the stated deadline may be considered in the evaluation.

7. Proposal Guaranty A proposal guaranty is not required for this project.

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8. Selection Criteria In accordance with Sections 2269.153, 2269.155, and 2269.055 of the Texas Government Code, BISD will evaluate proposals on the basis of the following selection criteria:

Selection Criteria Weight Table Detailed Methodology for Scoring Criteria Weight

Price – Proposed Price Proposers will receive an assigned share of the total available points for this criterion based on the total monetary value of the Proposal. A formula will be used as follows to determine the award of points:

A: Lowest Priced Proposal B: Current Proposal being scored C: Possible Points D: Total Points scored

Formula: A / B = Percentage (%) % x C = D

Proposer’s Experience & Reputation

The Owner will consider the proposer’s experience and reputation and the proposer’s answers to the Questionnaire, including, but not limited to, the record of past performance, general reputation of the proposer, and the proposer’s knowledge, reliability, character, integrity, skill, and stability; the proposer’s experience with the scopes of work for this Project, including in Jefferson County, the proposer’s experience with BISD, and the proposer’s reputation for handling warranty work. References and completed Reference Questionnaires received by BISD will be reviewed and used in evaluating these criteria.

Quality of Proposer’s services

Proposer demonstrates consistent and average past and current workload to staff ratio, showing ability to adequately staff the work and company stability. Proposer shows no or limited past history of claims, suits, and failure to perform. Proposer shows ability to maintain cost with no cost increases. Proposer has a record of timely completion of work, compliance with laws, and warranty service. Owner will consider the answers to the Questionnaire which relate to the quality of the Proposer’s services and other relevant information.

Whether Proposer’s financial capability is appropriate to the size and scope of the project

Proposer’s financial and technical resources will be evaluated. Proposer has a positive asset to liability ratio and adequate bonding capacity. Evaluation of Proposer’s responses to Financial Information Questionnaire of this CSP will be considered.

Proposer’s Proposed Personnel Proposer’s individual personnel proposed for the work in the CSP demonstrate similar project experience by showing high proportion of southeast Texas/Jefferson County school district/governmental entity work, the proposer’s experience rehabilitating commercial buildings, projects of comparable cost, complexity, and timeframe to the work in the CSP.

Organizational approach to the project is clear. Owner will review and evaluate the answers to the Questionnaire and resumes in proposer’s A305 as well as other relevant information.

Proposer’s Past Relationship with the District Proposer’s past relationship and experience with the District, if any, including quality of work, compliance with contract requirements, timely completion, responsiveness, warranty service, change-order history, resolution of issues, and overall performance.

Proposer’s Safety Record BISD will consider the safety record of the proposer in determining to whom to award a contract resulting from this procurement solicitation. Failure to provide all required and/or relevant information relating to proposer’s safety record will result in 0 points.

Total 100

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

All responses in the Proposal may be used to help the BISD select a Proposer based on these criteria. The BISD reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the BISD without regard to whether such information appears in the proposal. The District reserves the right to waive any informality and to reject or accept any or all Proposals. Proposals that have been opened may not be changed for the purpose of correcting an error in the price. Other than price, a proposer may have the right to change any other error or mistake in the proposal as may be permitted by applicable law and subject to the approval of the District, unless such change would be in contravention of statutory or common law requirements or unless such change would give an unfair advantage to the proposer making such change.

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SECTION 3 – CSP TERMS AND CONDITIONS

This procurement solicitation shall be in accordance with applicable law, including Subchapter D of Chapter 2269 of the Texas Government Code (Competitive Sealed Proposal Method of Procurement), BISD policy, and the following terms and conditions of this procurement solicitation:

1. Contract Award. Award of a contract, if any, will be made to the proposer who submits the proposal that offers the best value for BISD, based on (a) the selection criteria in this request for competitive sealed proposals and the weighted value for those criteria listed in this procurement solicitation; and (b) BISD’s ranking evaluation. Tex.

Gov’t Code § 2269.155(a). BISD must first attempt to negotiate a contract with the selected proposer. Tex. Gov’t Code § 2269.155(b). If BISD is unable to negotiate a satisfactory contract with the selected proposer, BISD must, formally and in writing, end negotiations with that proposer and proceed to the next proposer in the order of the selection ranking until a contract is reached or all proposals are rejected. Tex. Gov’t Code § 2269.155(c).

This procurement, any award under this procurement, and the resulting contract, if any, is subject to approval by the Beaumont ISD Board of Managers. Subsequent to required approval, the only person authorized to commit BISD contractually is the Superintendent or her designee. This solicitation is an invitation for sealed proposals and neither this solicitation nor the response or the proposal from any prospective proposer/contractor shall create a contractual relationship that would bind BISD until such time as both BISD and the selected proposer/contractor sign a legally binding contract, which includes, without limitation, the terms required by BISD.

A response to this procurement solicitation is an offer to contract with the District based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation and the construction documents. A contract is not formed unless and until a proposal is accepted and awarded by BISD after approval by the BISD Board of Managers. The contract between BISD and the Contractor shall be the Minor construction agreement. The selected Contractor for the Project will be expected to execute the Minor construction agreement. No revisions to the Contract Documents except project-specific language only will be allowed, and the selected Contractor is expected to execute the Contract Documents. If the Contractor is unable to execute the Contract Documents in their modified form, the proposer must clearly indicate such in the proposal; any exceptions to the Contract Documents should be noted in Vendor’s Submission along with suggested wording for each exception, via red ink/tracked changes on the Contract Documents. The District will consider any such exceptions in its evaluation of the Proposer’s proposal but is not obligated to accept any such exceptions or proposed modifications. If the Proposer and BISD are unable to resolve any exceptions to the mutual satisfaction of both parties, BISD reserves the right to reject the Proposer’s proposal and award the Contract to another Proposer. Each Proposer, by making its proposal, represents that the Proposer has read, understands, and agrees to BISD’s Minor construction agreement. In the event that a project is awarded to a Proposer and the Proposer requests changes to the Contract Documents, the District reserves the right to cancel the award and re-award the Project to an alternate Proposer. Requests to modify the terms of the Contract Documents during the pendency of this CSP will be denied.

2. Taxes. BISD is exempt from taxation, and no proposal shall include any costs for taxes to be assessed against BISD.

3. Appropriated Funds. The purchase of services and/or products that arises from this solicitation is contingent upon the availability of appropriated funds. In addition to other termination rights contained in the resulting contract, if any, BISD shall have the right to terminate the resulting contract at the end of the current or each succeeding BISD fiscal year if funds are not appropriated by BISD’s Board of Managers for the next fiscal year that would permit continuation of the resulting contract. If funds are withdrawn or do not become available, BISD reserves the right to terminate the contract by giving the contractor a thirty (30) day written notice of its intention to terminate without penalty or any further obligations on the part of BISD or the contractor. Upon termination of the contract, BISD shall not be responsible for any payment of any service or product received that occurs after the end of the current contract period or the effective date of termination, whichever is the earlier to occur.

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

4. Insurance. Contractor must obtain and keep in effect during the term of the contract, insurance coverage in the below listed types and minimum amounts. As evidence of insurance coverage, Contractor must furnish to BISD certificate(s) of insurance as detailed in the Minor construction agreement.

Type of Coverage Amount of Coverage Liability and other insurance As detailed in Exhibit C

Minor construction agreement Workers Compensation & Employers Liability Insurance

As detailed in Exhibit C Minor construction agreement

Contractor shall provide BISD with a certificate of coverage for each person providing services on the project, prior to that person’s beginning work on the project. This provision includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracts directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the contract.

Services include, but are not limited to, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

Contractor shall provide BISD with a new certificate of coverage showing extension of coverage:

i. Before the end of the coverage period, if the contractor’s current certificate shows that the coverage period ends during the duration of the project; and

ii. No later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project.

5. Performance and Payment Bonds. The successful contractor, before beginning the work under any contract resulting from this procurement solicitation, is required to execute a performance bond and a payment bond.

Proposers must provide, with their proposals, a letter of statement from a bonding company that the proposer general contractor is eligible to obtain both payment and performance bonds of the types described in this procurement solicitation.

6. Prevailing Wage Rates. A worker, laborer, or mechanic employed on a public work by or on behalf of BISD shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

The BISD Board has determined the general prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract and the prevailing rate for legal holiday and overtime work. Attached hereto as Exhibit B are the prevailing wage rates adopted by the BISD Board.

The contractor who is awarded a public works contract by BISD or a subcontractor of the contractor shall pay not less than the prevailing wage rates determined by BISD to a worker employed by it in the execution of the public works contract. A contractor or subcontractor who violates the requirement to pay prevailing wage rates shall pay to BISD, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the public works contract.

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Obligation to keep Prevailing Wage Rates Records. A contractor and subcontractor employed on an BISD public works contract shall keep a record showing:

i. the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and

ii. the actual per diem wages paid to each worker.

The record shall be open at all reasonable hours to inspection by BISD officers and agents. Tex. Gov’t Code § 2258.024.

7. Permitting; Inspections. Contractor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform the contract resulting from this procurement solicitation. Contractor must comply with all state and local building code requirements.

8. Safety Record of Proposer. BISD will consider the safety record of each Proposer as part of the evaluation and award process for this solicitation, in accordance with BISD Board Policy CVB (LOCAL)

For the purpose of this evaluation, the Proposer’s safety record shall be determined based on the following documentation, which must be submitted with the proposal:

a. OSHA Inspection Records: The Proposers Occupational Safety and Health Administration (OSHA) inspection records for the preceding three (3) years.

b. Insurance Loss Analysis: A loss analysis provided by the Proposer’s insurance carrier.

c. Insurance Loss History: A loss history covering all lines of insurance coverage maintained by the

Proposer.

BISD reserves the right to request additional information or clarification regarding the submitted safety records as necessary to complete its evaluation.

9. Conflict of Interest. BISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of

Certain Relationships with Local Government Officers. House Bill 23 significantly changed Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any company who does business with BISD or who seeks to do business with BISD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. See Vendor Packet -Exhibit D.

10. Discrepancies. Any discrepancies, conflicts, errors, omissions, or ambiguities within the Procurement Documents, Construction Documents, specifications, or other Project requirements shall be submitted in writing to the BISD Procurement department at bids@bmtisd.com for clarification. Proposers shall not contact other District employees or departments regarding interpretation of the Procurement Documents unless specifically authorized by BISD Procurement.

BISD will issue any interpretation, clarification, correction, or modification that affects the Procurement Documents by written addendum. Oral interpretations or explanations shall not be binding upon BISD. If a discrepancy or conflict is not brought to BISD's attention prior to the deadline for questions, the Proposer shall include in its Proposal the greater quantity, higher quality, or more stringent requirement.

11. Materials. Any reference in the Construction Documents or specifications to a particular manufacturer, product, material, equipment, or system is intended to establish the minimum standard of quality, performance, function, and compatibility required by BISD, unless expressly stated otherwise.

Proposed equivalent products or materials shall not be used unless approved in writing by BISD in accordance with the substitution requirements below. BISD shall have sole authority to determine whether a proposed product, material, equipment, or system meets or exceeds the requirements of the Procurement Documents.

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All requests concerning materials or proposed equivalents shall be submitted through the BISD Procurement department at bids@bmtisd.com.

12. Substitutions. The materials, products, equipment, and systems described in the Procurement Documents establish the minimum required function, performance, quality, compatibility, appearance, and warranty requirements for the Project.

No proposed substitution will be considered prior to receipt of Proposals unless a written request for approval is received by the BISD Procurement department at bids@bmtisd.com no later than ten (10) calendar days prior to the Proposal deadline.

Each substitution request shall include the manufacturer and product proposed, complete product data, technical specifications, performance information, warranty information, installation requirements, and any other information necessary for BISD to evaluate the proposed substitution. The request shall also identify any changes to other materials, systems, equipment, warranties, or portions of the Work that would result from use of the proposed substitution.

The burden of demonstrating that a proposed substitution meets or exceeds all requirements of the Procurement Documents rests solely with the Proposer. BISD shall have sole discretion to approve or reject a proposed substitution.

If BISD approves a substitution prior to receipt of Proposals, such approval will be issued by written addendum.

Proposers shall not rely upon oral approvals or communications from District employees. Unless specifically permitted by the Contract Documents or approved in writing by BISD, substitutions will not be permitted after Contract award.

13. Appeal/Protest Process. Any Proposer who submitted a proposal may appeal BISD’s award, if the appeal is based on deviations from laws, rules, regulations, or BISD Board policies. BISD Board Policy GF (Local) applies to any Proposer wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a Proposer shall submit a complaint/appeal form by hand-delivery, fax, or U.S. mail, to BISD’s Deputy Superintendent of Organizational Effectiveness. Complaints/appeals must be received by the close of business on or before the 15th BISD business day after award of the contract. In the event Proposer is unsure about the award of the contract, it is the Proposer’s responsibility to contact BISD on the next business day after the award is announced and verify details concerning the award.

14. Proposal Format

All proposals must include the following:

a. Title Page

b. Table of Contents

c. Proposal Form (Attachment A)

d. Business Identification

e. Compliance with Procurement Documents

f. Evidence to be used for evaluation/selection criteria

g. All Required Documentation and Attachments (see sub-section 15, below)

Documentation must be complete.

15. Required Documentation and Attachments The documentation and attachments listed below are required to be included with the submitted proposal. All forms must be completed and signed. Include the following for the Base Proposal:

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• Proof of Insurance – certificates of insurance of the types and amounts described in this procurement solicitation, including the Minor construction agreement (enclosed as Exhibit C hereto)

• Letter of statement from a bonding company that the proposer is eligible to obtain both payment and performance bonds of the types described in this procurement solicitation

• Proof of Proposer’s Safety Record:

- Proposer’s OSHA (Occupational Safety and Health Administration) inspection logs for the last three years

- a loss analysis from the proposer’s insurance carrier

- a loss history covering all lines of insurance coverage carried by the proposer

• Exhibit D – Completed Vendor Packet

• Attachment 1 – Contractor References, completed by the Proposer and submitted with the Proposal.

• Reference Questionnaire – Proposer is responsible for distributing the District's Reference

Questionnaire to its references and ensuring that at least three (3) completed questionnaires are submitted directly by the references to bids@bmtisd.com by the stated deadline. Reference Questionnaires are not to be included in the sealed Proposal.

• Attachment A – Proposal Form – Base Proposal

• Attachment B – Certification of Proposer

• Attachment C – Business Questionnaire and Qualification Statement, including:

- resume for the Proposer’s proposed Project Manager, stating his/her qualifications and experience on projects of similar scope and size

- resume for the Proposer’s proposed Project Superintendent, stating his/her qualifications and experience on projects of similar scope and size

• Attachment D – Proposer Certifications Form

• Attachment E – Asbestos-Free Materials and Inspection

• Attachment F – Acknowledgement of Final Completion Documents

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Exhibit A – BISD’s Required Workers’ Compensation Insurance Coverages

BISD shall use the following language for bid specifications and contracts for building or construction, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation.

A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance (TDI), or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project is required for the duration of the project.

Duration of the project includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project (“subcontractor” in Texas Labor Code 406.096) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project.

Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all employees of the contractor providing services on the project for the duration of the project.

The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

If the coverage period shown on the contractor’s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the TDI, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code 401.011(44) for all of its employees providing services on the project for the duration of the project;

2. Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project;

3. Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.

4. Obtain from each other person with whom it contracts, and provide to the contractor:

a. A certificate of coverage, prior to the other person beginning work on the project; and

b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;

CSP 27.03 – WEST BROOK HIGH SCHOOL ROOFING PROJECT

5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

6. Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

7. Contractually require each person with whom it contracts to perform as required by items 1–6, with the certificates of coverage to be provided to the person for whom they are providing services.

By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TDI’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

The coverage…