ESBD_376624_1726264075755_FINAL RFP 2024-03 WITH SAMPLE AGREEMENT.pdf

PAMPA INDEPENDENT SCHOOL

DISTRICT

1233 N. Hobart Pampa, TX 79065

RFP # 2024-03

Child Nutrition Administration Walk-In Cooler-Freezer Repair or Replacement Project October 4, 2024

PURCHASING DEPARTMENT

1233 N. Hobart, Pampa, Texas 79065 806-669-4700

NOTICE

Pampa Independent School District (hereafter “Pampa ISD” or “District”) is issuing the following Request for Proposals (“RFP”) for its Child Nutrition Administration Building Walk-In Cooler - Freezer Repair or Replacement Project, in accordance with the terms, conditions, and specifications stipulated in Request For Proposal #2024-03 (the “Solicitation” or “RFP”).

Proposals (“proposals,” “responses” or “bids”) must be addressed to the Pampa Independent School District, Attention: Deidra Longo, Purchasing Manager, 1233 N. Hobart, Pampa, Texas 79065 until:

1:00 p.m. October 4, 2024, for RFP #2024-03

Child Nutrition Administration Walk-In Cooler-Freezer Repair or Replacement Project

For additional information, contact Deidra Longo, Purchasing Manager by email at deidra.longo@pampaisd.net.

Before submitting a proposal, proposers shall carefully examine the Project site, TAKE ALL MEASUREMENTS, review this entire RFP, and employ such other means as may be preferred and required to prepare and submit a BID

Project Site Examination Available By Appointment Only

Email deidra.longo@pampaisd.net

Project Completion Deadline 03/1/2025

Faxed or electronic proposals will not be accepted. Proposals received after the deadline will not be accepted. A complete set of proposal documents and a copy on a USB drive shall be submitted in an envelope clearly marked “RFP #2024-03 Child Nutrition Administration Walk-In Cooler- Freezer Repair or Replacement Project.”

Proposals shall be addressed to:

Deidra Longo, Purchasing Manager

Pampa ISD 1233 N. Hobart Street

Any additions, deletions, modifications, or changes made to this Solicitation shall be processed through an Addendum, which will be available through the District’s website at www.pampaisd.net Menu - Departments – Business - Purchasing. It shall be the sole responsibility of each Proposer to ensure review of all Addenda issued in connection to this RFP prior to submitting a proposal.

mailto:deidra.longo@pampaisd.net

Pampa ISD reserves the right to reject, in its sole discretion, any or all proposals submitted in response to this RFP, to waive defects, and to waive any or all formalities, irregularities or technicalities. The District reserves the right to seek clarification and/or request additional information. District will award the contract, if any, that serve the best interests of the District.

District's waiver of any deviations in any proposal will not constitute a modification of this RFP and will not preclude District from asserting all rights against Contractor for failure to fully comply with all terms and conditions of this RFP. Should a proposal contain conflicting terms, the District reserves the right to enforce the term or terms in such proposal that it determines to be in the best interest of the District, and Contractor agrees to be bound by the terms it has proposed that are most favorable to the District. All proposals in response to this RFP become the property of the District and may constitute contracting information that is subject to release to any requester under the provisions of the Texas Public Information Act, Chapter 552 of the Texas Government Code, and Attorney General Opinions issued under that statute. District may re-issue another RFP for the services as described in this RFP or similar services at any time.

Per Texas Education Code section 44.043(b), notwithstanding any other provision of this chapter, a school district:

1. May not consider whether a proposer is a member of or has another relationship with any organizations; and

2. Shall ensure that its proposal specifications do not deny or diminish the right of a person to work because of the person’s membership or other relationship status with respect to any organization.

Selection Schedule

First Published Notice for RFP: September 14, 2024 Second Published Notice for RFP: September 21, 2024 Publication on Electronic State Business Daily: September 13, 2024 Deadline to receive proposals and Bid Opening: October 4, 2024 Selected Party Notified and Begin Negotiations: October 29th, 2024 Board Action on Proposers Contract: No later than November 30, 2024

THE DISTRICT RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS FOR

SOUND AND GOOD CAUSE AND TO WAIVE IRREGULARITIES OR

INFORMALITIES AS MAY BE DEEMED IN THE DISTRICT’S BEST INTEREST.

WAIVER OF CLAIMS: BY TENDERING A PROPOSAL IN RESPONSE TO THE

DISTRICT’S RFP, THE VENDOR ACKNOWLEDGES THAT IT HAS READ AND

FULLY UNDERSTANDS THE REQUIREMENTS FOR SUBMITTING A PROPOSAL,

AND THE PROCESS USED BY THE DISTRICT FOR SELECTING A VENDOR. AS

CONSIDERATION FOR HAVING ITS PROPOSAL CONSIDERED, THE VENDOR

FULLY, VOLUNTARILY AND UNDERSTANDINGLY WAIVES AND RELEASES ANY

AND ALL CLAIMS AGAINST DISTRICT AND ITS TRUSTEES, OFFICERS, AGENTS

AND/OR EMPLOYEES THAT COULD ARISE OUT OF THE ADMINISTRATION,

EVALUATION, OR RECOMMENDATION OF ANY PROPOSAL SUBMITTED IN

RESPONSE TO THE DISTRICT’S RFP.

Deidra Longo

INSTRUCTIONS TO PROPOSERS

THE WORDS “BIDS, PROPOSALS, QUOTES” AND THEIR DERIVATIVES MAY BE

USED INTERCHANGEABLY IN THESE TERMS AND CONDITIONS. THESE TERMS

AND CONDITIONS ARE APPLICABLE ON ALL BIDS, PROPOSALS, QUOTES,

PURCHASE ORDERS AND THEIR DERIVATIVES.

1. PROPOSALS ARE TO BE DELIVERED TO PAMPA ISD PURCHASING

DEPARTMENT, 1233 N. Hobart, PAMPA, TEXAS 79065, IN AN ENVELOPE, WITH

THE PROPOSAL NUMBER AND THE DUE DATE DISPLAYED ON THE OUTSIDE.

Pampa ISD shall not be held liable for any proposal that is improperly identified and thus not considered for award.

2. DOCUMENTS: Each proposer shall submit one complete set of proposal documents, along with an electronic copy on a USB drive.

3. LATE PROPOSALS: Late proposals will not be accepted or considered. Late proposals will be returned to proposers unopened. Pampa ISD will not be responsible for proposals delivered incorrectly or misplaced by any governmental or corporate entity. The date/time stamp in the Purchasing Office shall be the official time of receipt.

4. UNSIGNED PROPOSALS will NOT be considered. Faxed proposals or electronic submissions will NOT be accepted.

5. PROPOSER SHALL PROVIDE with their proposal response all documentation required including all required forms. Failure to provide this information may result in rejection of proposal.

6. PROPOSAL PRICES are to remain firm for one (1) year from date of award, unless otherwise specified.

7. PROPOSAL MUST COMPLY with all federal, state, county, and local laws concerning these types of goods/services. ALL ITEMS MUST MEET OSHA STANDARDS OF

COMPLIANCE AND BE ASBESTOS FREE.

8. DESIGN, STRENGTH, QUALITY of materials must be new and conform to the highest standards of manufacturing practice. All proposal items shall be new, in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the proposal. Pampa ISD will not accept “factory seconds” or otherwise inferior goods and reserves the right to return such item(s) within thirty (30) days of receipt at proposer’s expense.

9. REMEDIES: PROPOSERS OR THEIR AUTHORIZED REPRESENTATIVES are expected to fully inform themselves as to the conditions, requirements and specifications before submitting proposals. Failure to do so will be at the proposer’s own risk and proposer cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors of omission or commission on the part of proposers.

10. REJECTION OF PROPOSALS: The District reserves the right to reject any or all proposals, to waive defects, and to waive any or all formalities or irregularities for sound and good cause. When considering whether Pampa ISD has sound and good cause to reject an offer, the District will avoid arbitrary decisions and provide documentation for the reason for rejecting an offer.

11. ALTERING PROPOSALS: Proposals cannot be altered or amended after submission deadline. Any interlineations, alterations, or erasures made before opening time must be initialed by the signer of the proposal, guaranteeing authenticity.

12. RESPONSIBLE PROPOSER. The business must be a well-established organization and have an adequate number of trained personnel to ensure quality and performance and completion of contract within a specified time period.

13. REFERENCES: Pampa ISD may request proposers to supply, with this proposal, a list of at least three (3) references where like goods/services have been supplied by their firm to entities of similar size and scope. Include name of firm, address, telephone number and name of representative.

14. WITHDRAWAL OF PROPOSAL: A proposal may not be withdrawn or canceled by the proposer without the permission of Pampa ISD for a period of ninety (90) days following the date designated for the receipt of proposals, and proposer so agrees upon submittal of their proposal. Withdrawal of a proposal or item(s) on a proposal will be documented in the proposer’s history file and may result in proposer being placed on unresponsive vendor list.

15. TO EXPEDITE EVALUATION of the proposals, proposals must be submitted on Pampa ISD forms; although additional information may be attached for evaluation purposes.

16. PROPOSALS will be due by 1:00 p.m. on Monday, October 4, 2024 and shall be opened at 1:30 p.m. on Monday, October 4, 2024 at 1233 N. Hobart Street Pampa, TX 79065

17. SALES TAX: Pampa ISD is exempt by law from payment of Texas and Local Sales Tax and Federal Excise Tax.

18. NO CASH ADVANCE discount will be considered.

19. EVALUATION CRITERIA. In determining to whom to award a contract, the District may consider: (1) the purchase price; (2) the reputation of the proposer and of the proposer’s goods or services; (3) the extent to which the goods or services meet the District’s needs;

(4) Vendor's past relationship with the district (5) the long-term cost to the district to acquire the proposer’s goods or services; (6) the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; (7) The quality of the vendor’s goods or services, and (8) any other relevant factor as listed in the project documents. Other relevant factors that will be considered are (a) experience on similar projects, (b) proposer’s ability to begin and complete repairs in a timely manner, Proposals shall be evaluated according to the following criteria and weights:

EVALUATION CRITERIA WEIGHT

Purchase price 26 points Reputation of the vendor and of the vendor's goods or services 10 points Extent to which the goods or services meet the district's needs 12 points Vendor's past relationship with the district 2 points Long term cost to the district to acquire the vendor's goods or services 15 points The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses 2 points The quality of the vendor’s goods or services 15 points Experience on similar projects 10 points Ability to begin & complete project in required time frame 8 points

20. PROPOSAL AWARD: Pampa ISD will award the contractor(s) who presents the most responsible and responsive offer. Thus, the result will not be determined by price alone but upon the applicable criteria as listed under EVALUATION CRITERIA.

21. SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, and LABOR SURPLUS AREA FIRMS: Pampa ISD encourages the participations of small and minority businesses, women’s business enterprises, and labor surplus area firms.

22. CONFLICT OF INTEREST: No public official shall have interest in this contract except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5.

Subtitle C, Chapter 171.

23. ETHICS: The proposer shall not offer or accept gifts or anything of value to enter into any business arrangement with any employee, official or agent of Pampa ISD.

24. EXCEPTIONS/SUBSTITUTIONS: All proposals meeting the intent of this RFP will be considered for award. Proposers taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the proposal. The absence of such a list shall indicate that the proposer has not taken exceptions and Pampa ISD shall hold the proposer responsible to perform in strict accordance with specifications of the invitation. Pampa ISD will not accept substitutes after item(s) have been awarded as specified. Pampa ISD reserves the right to accept any and all or none of the exception(s)/substitution(s) proposal which are deemed to be in the best interest of Pampa ISD.

25. DESCRIPTIONS: Any reference to model and/or make/manufacturer used in proposal specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Proposals on items of like quality will be considered.

26. “OR EQUAL” PRODUCTS will be evaluated after proposals are received, based on literature submitted and any required testing of the product. It is the proposer’s responsibility to submit sufficient data for the District to properly analyze an “or equal” item.

27. ADDENDA: Any interpretations, corrections, or changes to this proposal and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in Pampa ISD Purchasing Manager. Addenda will be posted at www.pampaisd.net - Menu

- Departments – Business – Purchasing.

28. ADDENDA MUST BE ACKNOWLEDGED WITH PROPOSAL SUBMITTAL. An addenda acknowledgment form will be provided with proposals requiring acknowledgment of addenda.

29. CHANGE ORDERS: No oral statement of any person shall modify, otherwise change, or affect the terms, conditions, pricing or specifications stated in the resulting contract. All change orders to the contract will be made in writing by Pampa ISD Purchasing Manager.

30. CONTRACT: This RFP is not a contract. Upon selecting a proposal, the District may negotiate with the proposer to enter into an acceptable contract. If the District and proposer are unable to agree upon a contract, the District may reject the proposal and proceed to negotiate with the next highest ranked proposal. The proposal, when properly accepted by Pampa ISD, shall constitute an integral part of any contract, equally binding between the successful proposer and Pampa ISD. No different or additional terms will become a part of the contract with the exception of Change Orders.

31. REPRESENTATION: The proposer represents that the items and/or services provided by the proposer hereunder shall conform to those represented and described in the attachments. Notwithstanding anything to the contrary herein, if for any reason Pampa ISD determines in its sole discretion, that part or all of such items and/or services fails to meet the expectation of Pampa ISD, Pampa ISD may on ten (10) day notice terminate this Agreement and receive the pro-rata portion of the contract sum paid to the proposer by Pampa ISD for the unexpired term of the Agreement.

32. BREACH OF CONTRACT or default authorizes Pampa ISD to exercise any or all of the following rights, which is in addition to any remedy provided in any contract resulting from this RFP:

http://www.pampaisd.net/

Pampa ISD reserves the right to award canceled contract to next lowest and best proposer as it deems to be in the best interest of Pampa ISD.

In such event, the District may charge the successful proposer the difference for any additional cost of such proposal item.

33. IN THE EVENT the successful proposer shall fail to perform, keep or observe any of the terms and conditions, Pampa ISD shall give the successful proposer written notice of such default; and in the event said default is not remedied to the satisfaction and approval of Pampa ISD within thirty (30) working days of receipt of such notice by the successful proposer, default will be declared and all the successful proposer’s rights shall terminate.

34. PROPOSER, IN SUBMITTING THIS PROPOSAL, agrees that Pampa ISD shall not be liable to prosecution for damages in the event that Pampa ISD declares the proposer in default of a contract resulting from the RFP.

35. NOTICE: Any notice provided by this proposal (or required by law) to be given to the successful proposer by Pampa ISD shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Pampa, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful proposer at the address so provided; provided this shall not prevent the giving of actual notice in any other manner.

36. WAGES: Successful proposer shall pay or cause to be paid, without cost or expense to Pampa ISD, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees and all such employees shall be paid wages and benefits as required by federal and/or state law.

37. WARRANTY: Successful proposer shall warrant that all items shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Proposer warrants that all services shall be provided in a good and workmanlike manner and free from material defect. Detailed explanation of warranties must be provided with proposal. Warranty will not begin until all components are installed and accepted by Pampa ISD.

38. VENUE: Disputes arising from this RFP and any resulting contract will be governed and construed according to the laws of the State of Texas. Both parties agree that exclusive venue for any litigation arising from this contract shall lie in State District Court for Gray County, Texas.

39. ASSIGNMENT: The successful proposer shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Pampa ISD.

40. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

41. FORCE MAJEURE: Neither party shall be liable in damages for any delay or default in the performance of this contract, if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, government restrictions, wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.

42. EQUAL EMPLOYMENT OPPORTUNITIES LAWS. Successful proposer will be required to comply with applicable equal employment opportunity laws and regulation.

43. A certificate of general liability insurance is required of any proposer who will perform work at a Pampa ISD facility or property. This requirement also applies to any proposer that delivers their product to a Pampa ISD campus or job site.

44. PAYMENT will be made upon receipt and acceptance by Pampa ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA. Successful proposer is required to pay subcontractors within ten (10) days.

45. INVOICES shall show purchase order number, copy of signed delivery ticket and proposal name and shall be emailed to ap@pampaisd.net or mailed directly to:

Pampa ISD Accounts Payable Department

Pampa, Texas 79065

46. ALL PROPOSERS OR CONTRACTORS DOING BUSINESS WITH Pampa ISD must have Form W-9 Request for Taxpayer Identification Number and Certification on file.

47. ALL VENDORS MUST ALSO INCLUDE a Felony Conviction Notification as required by Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a) with your proposal.

48. ANY QUESTIONS CONCERNING THIS INVITATION TO PROPOSE AND

SPECIFICATIONS SHOULD BE DIRECTED TO THE PURCHASING MANAGER BY

EMAIL at deidra.longo@pampaisd.net. Answers to questions and additional information will be posted on the district’s website.

49. NOTE: Pampa ISD does not discriminate on the basis of sex, race, disability, color or nation of origin in its educational programs, activities, and/or employment practices.

50. VERIFICATION RELATING TO BUSINESS WITH IRAN, SUDAN, OR ANY

KNOWN FOREIGN TERRORIST ORGANIZATIONS. By submitting a proposal, the proposer certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign https://pampaisd-my.sharepoint.com/personal/deidra_longo_pampaisd_net/Documents/2023%20-%202024/2023-2024%20BIDS/CN%20ADMINISTRATION%20WALK-IN%20COOLER-FREEZER%20REPAIR/ap@pampaisd.net https://pampaisd-my.sharepoint.com/personal/deidra_longo_pampaisd_net/Documents/2023%20-%202024/2023-2024%20BIDS/CN%20ADMINISTRATION%20WALK-IN%20COOLER-FREEZER%20REPAIR/deidra.longo@pampaisd.net organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State.

Proposer further certifies that it does not do business with Iran, Sudan, or any known foreign terrorist organizations and will not do business with Iran, Sudan, or any known foreign terrorist organizations during the term of this contract. The term “foreign terrorist organization” is defined by Texas Government Code Section 806.001, effective September 1, 2017.

51. VERIFICATION RELATING TO STATE CONTRACTS WITH AND INVESTMENT

IN COMPANIES THAT BOYCOTT ISRAEL. By submitting a proposal, the proposer further certifies and verifies that neither proposer, nor any affiliate, subsidiary, or parent company of proposer, if any (the “Proposer Companies”), boycotts Israel, and proposer agrees that proposer and Proposer Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory.

52. VERIFICATION REGARDING NO DISCRIMINATION OF FIREARM ENTITIES OR

TRADE ASSOCIATIONS. By submitting a proposal, the proposer certifies that does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of any contract resulting from the solicitation. A “firearm entity” means a firearm, firearm accessory, or ammunition manufacture, distribute, wholesaler, supplier or retailer, or a sport shooting range. A “firearm trade association” means any person, corporation, unincorporated association, federation, business league or business organization that is not organized or operated for profit for which none of its net earning inures to the benefit of any private shareholder or an individual that has two or more firearm entities as members, or is exempt for federal income taxation under Section 501(c) of the Internal Revenue Code.

53. VERIFICATION RELATING TO STATE CONTRACTS WITH AND INVESTMENT

IN COMPANIES THAT BOYCOTT ENERGY COMPANIES. By submitting a proposal, the proposer certifies that the proposer does not boycott energy companies and will not boycott energy companies during the term of any contract resulting from the solicitation.

“Boycott energy companies” means, without any ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on or limit commercial relations with a company because the company engages in the exploration, production utilization, transportation, sale or manufacturing of fossil-fuel based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law.

54. PRESERVATION OF CONTRACTING INFORMATION. Pursuant to Texas Government Code 552, Subchapter J, the selected proposer will be bound by the following terms if the resulting contract has a stated expenditure of at least $1,000,000 for the purchase of goods or services by the District or if the resulting contract results in the expenditure of at least $1,000,000 in public funds for the purchase of goods or services by the District in a fiscal year of the District. If the District receives a written request for public information related to the resulting contract that is in the possession or custody of the proposer and not in the possession or custody of the District, the District shall send, not later than the third business day after the date the District receives the written request, a written request to the proposer that proposer provide that information to the District.

The selected proposer must:

1. Preserve all contracting information related to any resulting Contract as provided by the records retention requirements applicable to the District for the duration of any resulting Contract;

2. Promptly, within four business days, provide to the District any requested contracting information that is in the custody or possession of the proposer upon request of the District; and,

3. On completion of any resulting Contract, either:

a. Provide to the District at no cost all contracting information related to the Contract that is in the custody or possession of the proposer;

or

b. Preserve the contracting information related to the Contract as provided by the records retention requirements applicable to the District.

c. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Contract and the proposer agrees that the contract can be terminated if the proposer knowingly or intentionally fails to comply with the requirements of that subchapter.

d. Further, under Texas Government Code Section 552.372(c), the District may not accept a proposal for or awarding of a contract to an entity that the District has determined has knowingly or intentionally failed in a previous proposal or contract to comply with Subchapter J, unless the District determines and documents that the entity has taken adequate steps to ensure future compliance.

e. If a proposer fails to provide to the District the requested information, Texas Government Code Section 552.373 requires the District to notify the proposer in writing of the failure and allow 10 business days to cure the violation. District may terminate the Contract if proposer fails to remedy the failure, District determines the failure was knowing and intentional, and steps have not been taken to ensure future compliance.

55. INDEMNIFICATION, COMPLIANCE AND WAIVER OF CLAIMS

A. THE SELECTED PROPOSER SHALL BE REQUIRED TO DEFEND,

INDEMNIFY AND SAVE HARMLESS THE DISTRICT AND ALL ITS

TRUSTEES, OFFICERS, AGENTS AND EMPLOYEES FROM ALL

CLAIMS, SUITS, OR ACTIONS, OF ANY CHARACTER, NAME AND

DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES

OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON,

PERSONS, OR PROPERTY ARISING OUT OF THE AWARD OF THE

CONTRACT OR ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT

OF THE SELECTED PROPOSER, OR OF ANY AGENT, EMPLOYEE,

SUBCONTRACTOR OR SUPPLIER IN THE EXECUTION OF, OR

PERFORMANCE UNDER, ANY CONTRACT WHICH MAY RESULT

FROM THIS RFP, AND THE SELECTED PROPOSER SHALL PAY ANY

JUDGMENT AND COSTS WHICH MAY BE OBTAINED AGAINST

DISTRICT ARISING OUT OF SUCH INJURY OR DAMAGES; provided and except, however, that this indemnification provision shall not be construed as requiring the selected proposer to indemnify or hold harmless a registered architect, a licensed engineer or agent, servant, or employee of a registered architect or licensed engineer, from liability for personal injury, death, property injury, or any expense that arises from personal injury, death or property damage, that is caused by or results from (1) defects in plans, designs or specifications prepared, approved or used by the architect or engineer; or, (2) negligence of the architect or engineer in the rendition or conduct of professional duties called for arising out of the construction contract and the plans, designs or specifications that are a part of the construction contract.

B. Compliance. The selected proposer and proposal shall comply with all federal, state, county and local laws, including local building codes. The selected proposer shall not hire nor work any illegal alien.

56. WAIVER OF CLAIMS: BY TENDERING A PROPOSAL TO THIS RFP, THE

PROPOSER ACKNOWLEDGES THAT IT HAS READ AND FULLY

UNDERSTANDS THE REQUIREMENTS FOR SUBMITTING A PROPOSAL,

AND THE PROCESS USED BY DISTRICT FOR SELECTING A PROPOSER.

FURTHER, BY SUBMITTING A PROPOSAL AND BEING CONSIDERED FOR

THIS PROJECT, THE PROPOSER FULLY, VOLUNTARILY AND

UNDERSTANDINGLY WAIVES AND RELEASES ANY AND ALL CLAIMS

AGAINST DISTRICT OR ANY OF ITS TRUSTEES, OFFICERS, AGENTS

AND/OR EMPLOYEES THAT COULD ARISE OUT OF THE

ADMINISTRATION, EVALUATION, REJECTION, RECOMMENDATION OR

SELECTION OF ANY PROPOSAL SUBMITTED IN RESPONSE TO THIS RFP.

57. INSURANCE REQUIREMENTS: The successful proposer, at his/her own expense, shall provide and maintain insurance with fiscally sound firms (at least an AM Best rating of A- ) authorized to do business in Texas as follows. Successful proposer may be required to provide a copy of insurance coverage to Pampa ISD. Insurance certificates may contain a provision, or proposer’s signature on this bid/bid certifies, that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given Pampa ISD. Insurance must remain in effect for the duration of this contract. In some cases, the District may be required to be named as an additional insured on the proposer’s insurance coverage. If the District is to be named as an additional insured on the proposer’s insurance coverage, the certificate indicating this should be provided within ten (10) calendar days from date of award. If the District requires a certificate of insurance, the bid/bid number and title should be noted in the “Description of Operations/Locations/Vehicles/Special Items” block of the certificate and the “Certificate Holder” block of the certificate should read, “Pampa ISD, Attn: Purchasing Manager,1233 N. Hobart, Pampa, TX 79065.” Additional insurance requirements may be required for construction and/or services projects and will be identified elsewhere in this document.

Comprehensive General Liability General Aggregate $ 1,000,000

Products - Comp/or Agg. $ 300,000 Commercial General Liability Personal & Adv. Injury $ 300,000 Claims Made Occurrence Each Occurrence $ 300,000 Owner's Contractor's Protection Fire Damage (Any one fire) $ 50,000

Med. Expense (Any one person) $ 5,000

Property Damage: Aggregate $ 600,000 Bodily Injury Each Person $ 300,000 Each Accident $ 300,000 Each Occurrence $ 100,000

Automobile liability for: Combined Single Limit $ 1,000,000 Any Auto Bodily Injury Each Person $ 100,000 All Owned Autos Bodily Injury Per Accident $ 300,000 Scheduled Autos Hired Autos Property Damage - Aggregate $ 300,000 Non-Owned Autos Prop Damage Each Occurrence $ 100,000 Garage Liability Aggregate $ 300,000

Umbrella form - Excess liability $ 1,000,000

Worker's Compensation Statutory Limits

The insurance requirements, as listed above also apply to any sub-contractor(s) in the event that any work is sublet. The proposer is responsible to ensure that the subcontractor(s) meets the minimum insurance requirement limits as by law.

Should any of the above describe policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the certificate holder, Pampa

ISD.

The proposer shall agree to waive all right of subrogation against the District, its officials, employees and volunteers for losses arising from work performed by proposer for the District.

The proposer shall hold the District harmless from and indemnify it against all liability, including attorney's fees, which may arise from and accrue directly from the performance of the work or any obligation of proposer or failure of proposer to perform any work or obligation provided for in this Agreement.

The selected proposer will be required to supply an insurance certificate naming Pampa Independent School District as an additional insured within 10 calendar days of date of award.

You are required to submit a certificate of insurance for the above insurance requirements with your bid.

58. WORKERS' COMPENSATION COVERAGE: A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-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 project has been completed and accepted by the district.

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 proposer has undertaken to perform on the project, regardless of whether that person contracted directly with the proposer 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 proposers, office supply deliveries, and delivery of portable toilets.

The proposer 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 proposer providing services on the project for the duration of the project.

The proposer must of coverage to the district prior to being awarded the contract.

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

The proposer shall obtain from each person providing services on a project, and provide to Pampa ISD:

(a) 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;

(b) No later than seven days after receipt by the proposer, 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 proposer shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

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

The proposer shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers' Compensation Commission, 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 proposer shall contractually require each person with whom it contracts to provide services on a project, to:

(a) 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;

(b) Provide to the proposer, 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;

(c) Provide the proposer, 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.

(d) Obtain from each other person with whom it contracts, and provide too the proposer:

(1) A certificate of coverage, prior to the other person beginning work on the project; and

(2) 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;

(e) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

(f) 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

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

By submitting a proposal or providing or causing to be provided a certificate of coverage, the proposer is representing to the District that all employees of the proposer who will provide services on the project will be covered by worker's 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 commission's Division of Self-Insurance regulation. Providing false or misleading information may subject the proposer to administrative penalties, criminal penalties, civil penalties, or other civil actions.

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

59. PAYMENT BOND: For facilities construction and some services contracts, a payment bond is required for projects/contracts exceeding $25,000. The payment bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to Pampa ISD and must identify compliance with the provisions of V.T.C.A., Govt Code, Chapter 2253 and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. The Surety must be authorized to do business under a Certificate of Authority issued by the State of Texas and hold certificates of authority as an acceptable Surety on the current Department of the Treasury listing as found in the Federal Register. The Surety shall be a US company located in the USA. If a contract is awarded for under $25,000, but subsequent change orders cause the price to exceed $25,000, a payment bond will be required immediately. If the required payment bond is not submitted with the bid, a bid bond must be submitted and the required payment bond submitted within ten (10) calendar days from the date the offer is accepted by Pampa ISD.

60. PERFORMANCE BOND: For facilities construction and some service contracts, a performance bond is required for projects/contracts exceeding $100,000. The performance bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to Pampa ISD and must identify compliance with the provisions of V.T.C.A., Gov. Code, and Chapter 2253 and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. The Surety must be authorized to do business under a Certificate of Authority issued by the State of Texas and hold certificates of authority as an acceptable Surety on the current Department of the Treasury listing as found in the Federal Register. The Surety shall be a US company located in the USA. If a contract is awarded for under $100,000, but subsequent change orders cause the price to exceed $100,000, a performance bond will be required immediately. If the required performance bond is not submitted with the offer, a bid bond must be submitted and the required performance bond submitted within ten (10) calendar days from the date the offer is accepted by Pampa ISD.

If a performance or payment bond is required, bid/bid must be accompanied by a cashier’s check on any state or national bank in Texas, or an acceptable bid bond, payable unconditionally to Pampa ISD. The cashier’s check or bid bond shall be in the amount of not less than five percent (5%) of the total amount of the bid/offer. This Security is required by Pampa ISD as evidence of good faith and as a pledge that, if awarded the contract, the proposer will enter into a contract with Pampa ISD on the terms stated in the RFP and will furnish the required performance and/or payment bond(s) within ten (10) calendar days after the offer is accepted. Should the proposer refuse to enter into such a contract in accordance with his/her offer, or fail to furnish the required bond(s), the amount of the bid Security shall be forfeited to Pampa ISD as liquidated damages, not as a penalty.

61. DISCLOSURE OF INTERESTED PARTIES: Pampa ISD will require that the awarded proposer provide a copy of the electronically created Form 1295 to a public-school district, Pampa ISD will formally acknowledge receipt of the Form 1295 through its account on the Texas Ethics Commission website, not later than the 30th day after the date the Form 1295 is received by the district. Videos and instructions for creating online accounts can be found on the Texas Ethics Commission website, at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

62. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions and specifications of this RFP. Any exception must be clearly defined and referenced to the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for award.

63. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

64. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1. the provisions of the Contract (as it may be amended);

2. the provisions of the RFP (as it may be supplemented).

3. the provisions of the Contractors Response (as it may be clarified);

65. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records.

Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

66. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

67. PROFIT AS A SEPARATE ELEMENT OF PRICE: For purchases using Federal funds in excess of $150,000, the non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. See, 2 CFR 200.324(b).

68. EMPLOYMENT VERIFICATION: U.S. law (FAR 22.18) requires, as applicable, a condition for the award of any Federal contract at $150,000 or greater, for Vendor to certify they are enrolled in, and is currently participating in, E-Verify or any other equivalent electronic verification of work authorization program operated by the U.S. Department of Homeland Security and does not knowingly employ any person who is an unauthorized alien in conjunction with the contracted services. A breach in compliance with immigration laws and regulations shall be deemed a material breach of the contract and may be subject to penalties up to and including termination of the contract.

69. BID PROTESTS: Vendor may protest any of the following situations:

1. Solicitation or another request for offers for a contract for the procurement of property or services

2. Cancellation of a solicitation or other request

3. Award or proposed award of a contract

4. Termination of a contract, if the protest alleges that the termination was based on improprieties in the administration of the contract

Any bid protests must be submitted, in writing to:

Pampa Independent School District

70. BID PROTEST PROCEDURES. PISD will fill its written bid protest procedures to resolve protests, and will notify TDA when a protest is received.

71. Pampa ISD prohibits discrimination on the basis of age, color, disability, national origin, race, and gender.

Scope of Work and Specifications

The Pampa Independent School District is seeking creative solutions for the repair or replacement of walk-in freezer unit and/or components. The walk-in freezer has experienced repetitive failures and the District prefers a solution that does not involve like-for-like components.

Work Site Examination

Before submitting a Proposal, Proposers should carefully examine the Project site, TAKE ALL FIELD MEASUREMENTS, review this entire RFP, and employ such other means as may be preferred and required to prepare and submit a Bid. Proposers shall fully inform themselves as to all requirements of the RFP and all existing conditions and limitations, including conditions which might affect the Work to be performed.

The cost of all Work to be performed under this RFP shall be listed under the specific Proposal items set forth in the Proposal and the amounts submitted by the Proposer shall take into consideration all requirements of the RFP and site conditions. The Proposer should include in the Proposal the cost of performing all Work required under this Contract.

By submitting this proposal, the Proposer warrants that the Proposer has carefully examined the site of the proposed work and all of the requirements of the RFP. By submission of a proposal in response to this RFP, the Proposer confirms Proposer’s understanding of the entire document and all of its contents. The Proposer also represents that its firm possesses the personnel, processes, and technology necessary to safely and efficiently perform the work outlined in this

RFP.

Permits, Fees and Notices

The Vendor shall secure and pay for any permits and governmental fees, licenses, inspections, and certificates, necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received, or negotiations concluded. Any delays in obtaining the above permits shall not be grounds for any change order for any cost increases or time extensions.

The Vendor shall make itself familiar with and at all times shall observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the District against any claim arising from violation of any such law, ordinance or regulation by itself or by its sub-Vendors or its employees.

When requested, competent evidence of compliance with applicable laws shall be furnished.

If the Vendor observes that portions of the Contract Documents are at variance with applicable laws, ordinances, codes, and regulations, the Vendor shall promptly notify the District in writing and necessary changes shall be accomplished by appropriate Modification.

Clean Up

At completion of the Work and throughout the course of the Project as reasonably required by the District, the Vendor shall remove from and about the Project waste materials, rubbish, the Vendor’s tools,…