McAllen Independent School District General Terms and Conditions CSP

Rev. 5/2026

It is the intent of McAllen Independent School District (“District”), through this Competitive Sealed Proposal (“CSP”), to select a contractor and/or contractor(s) (“Contractor”) offering the best value for the referenced project.

OWNER: McAllen Independent School District 2000 N. 23rd. St.

McAllen, TX 78501-6126

PROJECT NAME: CSP 2027-1015 Central Kitchen Upgrades

PROJECT BUDGET: $835,000.00

PROJECT CONTINGENCY AMOUNT: $75,000.00

LIQUIDATED DAMAGES: $250.00

CSP OPENING DATE AND TIME: August 21, 2026, at 3:00 PM

LOCATION OF PROPOSAL OPENING: Administration Building

Dr. Ricardo Chapa Board Room 2000 N. 23rd. Street McAllen, TX 78501

PRE-PROPOSAL CONFERENCE: August 14, 2026, at 2:00 PM Engineer and District representatives will be present. Contractors are encouraged to attend.

LOCATION: Administration Building Dr. Ricardo Chapa Board Room 2000 N. 23rd. Street McAllen, TX 78501

PROJECT SITE VISIT DATE/TIME: August 14, 2026, at 2:30 PM (immediately after Pre-Proposal conference)

DEADLINE TO SUBMIT QUESTIONS: August 18, 2026, at 10:00 AM ARCHITECT/ENGINEER: Halff Associates Inc.

Lisette Guerra 5000 W Military Hwy # 100

McAllen, TX 78503 956-664-1960 lguerra@halff.com

DISTRICT PROJECT MANAGER: Ruben Treviño Facilities, Maintenance, and Operations 4309 Warrior Drive, Bldg. B.

McAllen, Texas

CSP Documents may be obtained online through Ionwave beginning August 7, 2026. Contractors are responsible for viewing Ionwave regularly to ensure that no addenda or additional information has been issued for the solicitation.

The district shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. The District reserves the right to reject any and all proposals and waive any informalities in the proposal process. No proposal shall be withdrawn within forty-five (45) days after the proposal opening without the specific consent of the District.

1 RESPONSIBLE CONTRACTORS

1.0 Proposals will be accepted from responsible Contractors for scope of work described in the Contract documents.

As a prerequisite to a Contractor’s qualifying for the award of contract on this project, the Contractor shall complete all “Line Items” and provide all “Response Attachments” on Ionwave, no later than the proposal’s opening time and date. The District prefers that proposals be submitted via Ionwave; however, final proposals shall be submitted in hard copy format in a sealed envelope (see printing instructions located on Attachments tab “Exhibit B – How to Print a Supplier Response”). Emailed and faxed responses will not be accepted.

1.1 All Contractors are encouraged to attend the CSP opening.

1.2 The primary purposes of the evaluation process will be to:

1.2.1 Gather information for the Owner's evaluation procedure;

1.2.2 Enable the Owner and/or Architect/Engineer to evaluate the proposals.

1.3 In arriving at Contractor’s opinion concerning the Contractor’s qualifications, the Architect/Engineer will use the same criteria that the Owner will use in determination of the selection of the Contractors.

1.4 Failure to submit the proposal and/or all “Response Attachments” by the deadline will result in the Contractor’s disqualification.

2 CONTRACTOR’S PRESENTATION: Contractor, by signing and executing this proposal, certifies and represents to the Owner that:

2.1 Contractor has read and understands the CSP documents, and his/her proposal is made in accordance herewith.

2.2 Contractor has visited the site, familiarized him/herself with the local conditions under which the work is to be performed, and is familiar with the requirements of the proposed contract documents.

2.3 Contractor agrees all items must meet all applicable Occupational Safety and Health Administration (“OSHA”) standards and regulations; and all electrical items must bear the appropriate listing from UL, Factory Mutual Research Corporation (“FMRC”) or National Electrical Manufacturers Association (“NEMA”).

2.4 Contractor attests that:

2.4.1 By submitting a proposal, Contractor represents that the proposal includes only material and equipment specified in the CSP documents and is supplemented, if necessary, for a complete and operating system.

2.4.2 Contractor, subcontractors, and/or suppliers shall submit an affidavit stating that no asbestos, PCBs, or lead building materials shall be used.

2.4.3 By submitting a proposal, Contractor represents that subcontractors, if any, are deemed Acceptable Subcontractors.

2.4.4 Contractor will participate as a team member in cooperation with the Project Coordinator.

2.4.5 Contractor will assign a competent full-time superintendent to the project, and the superintendent shall be maintained on the project for the duration of the project, subject only to his/her continuous employment.

2.5 Contractor attests that he/she:

2.5.1 has not offered, conferred, or agreed to confer any pecuniary benefit, as defined by §1.07(a)(6) of the Texas Penal Code, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this CSP.

2.5.2 has not offered, conferred, or agreed to confer any pecuniary benefit or other things of value as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion concerning this CSP.

2.5.3 has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent, or employee of the District concerning this CSP on the basis of any consideration not authorized by law.

2.5.4 has not received any information not available to other Contractors so as to give the undersigned a preferential advantage with respect to this CSP.

2.5.5 has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion, or the like.

2.5.6 has not now and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of the District in connection with information regarding this CSP, the submission of this CSP, the award of this CSP or the performance, delivery or sale pursuant to this CSP.

3 COMPETITIVE SEALED PROPOSAL DOCUMENTS are found in the “Attachments” tab.

3.1 SUBCONTRACTORS: Subcontractors and Suppliers intending to submit proposals to general contractors are required to prepare their proposal based on a complete set of proposal documents.

3.2 Contractors are required to submit all required documents on the “Response Attachments”:

3.3 Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Contractor fails to satisfy the Owner that he/she is qualified to carry out the obligations of the contract and to complete the work therein. Conditional proposals will not be accepted.

3.4 Owner will select the Contractor who offers the best value based on the published selection criteria, listed in Section 9.0., based on: (1) the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal; and (2) its ranking evaluation.

3.5 Upon award by the Board of Trustees, Owner shall first attempt to negotiate a contract with the highest-ranked Contractor. Owner and its engineer and/or architect may discuss options for a scope or time modification and any price change associated with the modification with selected Contractor. If the Owner is unable to negotiate a contract with the selected Contractor, the Owner shall, formally and in writing, end negotiations with that Contractor and proceed to the next Contractor in the order of the selection ranking until a contract is reached or all proposals are rejected.

3.6 A proposal may be withdrawn only upon request by the Contractor or his/her duly authorized representative, provided such request is received by the Owner at the place designated for receipt of proposals and prior to the time fixed for the opening of proposals. A withdrawal of a proposal shall not be effective unless a written confirmation of the withdrawal is received by the Owner at said place within forty-eight (48) hours before the deadline for the opening of proposals. The Bid Bond will be returned with the proposals if withdrawn in accordance with the above. The withdrawal of a proposal does not prejudice the right of the Contractor to file a new proposal at the time and place stated. No proposal may be withdrawn after the deadline for the opening of proposals for a period of forty-five (45) days.

3.7 REJECTION OF COMPETITIVE SEALED PROPOSAL: The Owner shall have the right to reject any or all proposals and to reject a proposal not accompanied by any required bid security, or by other data required by the CSP documents or to reject a proposal which is in any way incomplete or irregular.

3.8 Contractors submitting a proposal shall not discuss this CSP with employees of District/Owner or members of the Board of Trustees of the District/Owner. Failure to abide by this requirement may result in disqualification. Communication includes, but is not limited to, unsolicited literature, email, faxes, or phone calls related to any aspect of the CSP. If discussion is necessary, you will be notified in writing. Failure to abide by this requirement will result in automatic disqualification of the agent/company representative and/or the company at the discretion of the Owner.

4 INTERPRETATION OF COMPETITIVE SEALED PROPOSAL DOCUMENTS

4.1 Contractors and sub-Contractors requiring clarification or interpretation of the CSP documents shall be made in written form submitted through the “Q & A” option located within Ionwave. Do not contact the Architect/Engineer or Project Manager. All communication for this CSP should be directed through the Purchasing department via the “Q & A” option on Ionwave.

4.2 Any interpretation, correction or change of the CSP documents will be made by addendum and posted on Ionwave. Interpretations, corrections, or changes of the CSP documents made in any other manner will not be binding.

5 SUBSTITUTIONS OF MATERIALS AND EQUIPMENT

5.1 The materials, products and equipment described in the CSP documents establish a standard of required function, dimension, appearance, and quality to be met by any proposed substitution. The materials and equipment named in, and the procedures covered by these specifications have been selected as a standard because of quality, particular suitability, or record of satisfactory performance. It is not intended to preclude the use of equal or better materials or equipment provided that same meets the requirements of the particular project and is approved in an addendum as a substitution prior to the submission of proposals.

5.2 No substitution will be considered prior to receipt of proposals unless written request for approval has been received by the Owner and/or Project Manager at least seven (7) calendar days prior to the date for receipt of proposals. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. The Owner’s/Project Manager's decision of approval or disapproval of a proposed substitution shall be final.

5.3 If the Owner/Engineer approves any proposed substitution prior to receipt of proposals, such approval will be set forth in an addendum. Contractors shall not rely upon approvals made in any other manner.

5.4 Substitutions will not be allowed/considered after the Contract award.

6 BID BOND/BID GUARANTEE

Bid Bonds are required for bids/proposals if stated in the CSP. A Bid Guarantee shall be submitted in the form of a Bid Bond, postal money order, certified check, or cashier’s check in an amount not less than five percent (5%) of the total greatest amount bid/proposal, including any applicable alternates/contingency, payable without recourse to McAllen Independent School District. Failure to furnish a bid guarantee in the proper form and amount by the time set for opening may be cause for rejection of the proposal. If the awarded Contractor, upon acceptance of Contractor’s proposal by the District within the period specified therein for acceptance, fails to execute such further contractual documents, if any, and give such bond(s) (i.e., performance bonds, payment bonds, delivery, etc.) as may be required within the time specified; ten (10) calendar days if no period is specified, after receipt of the forms by him, then he shall be liable for any cost of procuring the work which exceeds the amount of Contractor’s proposal, and the proposal guarantee shall be available toward offsetting such difference.

7 PERFORMANCE BOND AND PAYMENT BOND

7.1 Performance bonds are required for bids/proposals in excess of One Hundred Thousand Dollars ($100,000).

Payment Bonds are required for bids/proposals in excess of Twenty-five Thousand Dollars ($25,000).

7.2 When a performance or payment bond is required, the amounts shall be for 100% of the contract amount

(including contingency). Any required bond(s) must be filed with the District within ten (10) days from the date of the Notice of Award.

7.3 The only form of surety acceptable as a performance or payment bond is a Surety or Blanket Bond from a company chartered or authorized to do business in Texas. Bonds completed (signed) by an out-of-Texas surety require a counter signature by a Texas resident agent of a company chartered or authorized to do business in Texas.

7.4 Bonds and other forms of surety must be made payable to McAllen Independent School District.

7.5 Bonds in excess of One Hundred Thousand Dollars ($100,000.00) must be from a surety that holds a Certificate of Authority from the United States Department of Treasury or have reinsurance for liability in excess of One Hundred Thousand Dollars ($100,000.00) from a United States Treasury listed reinsurer.

7.6 Payment and Performance Bonds must be in accordance with Texas Government Code 2253.

7.7 Bonds shall be dated on or after the Contract date.

8 INSURANCE

8.1 Contractor shall carry and keep in full force for the duration of the project the following coverages:

8.1.1 Employer’s Liability:

8.1.1.1 Bodily Injury by Accident - $500,000 Each Accident.

8.1.1.2 Bodily Injury by Disease - $500,000 Each Employee.

8.1.1.3 Bodily Injury by Disease - $500,000 Policy Limit.

8.1.2 Property Insurance (See 11.1 of AIA A201)

8.1.3 Commercial General Liability (Premises Operations, Independent Contractors, Products/Completed

Operations, Personal Injury, Contractual Liability, Explosion, Collapse, Underground and Broad Form Property Damage) – Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per Occurrence and $2,000,000 aggregate.

8.1.4 Comprehensive Automotive Liability - $1,000,000 Combined Single Limit per Occurrence.

8.1.5 Owner’s Protective Liability Insurance Policy – The successful Contractor must obtain an owner’s liability insurance policy, at Contractor’s expense, naming the District and its employees insured with the following limits: Bodily Injury - $1,000,000 Each Occurrence and $1,000,000 Aggregate.

8.1.6 Umbrella or Excess Liability Insurance

8.1.6.1 Bodily Injury $2,000,000.00 per occurrence and

8.1.6.2 Property Damage $2,000,000.00 aggregate

8.1.7 All policies shall contain special endorsements to include:

8.1.7.1 The District as an additional insured (except for Workers’ Compensation).

8.1.7.2 Waiver of subrogation in favor of the District under the Workers’ Compensation and

Liability policies.

8.1.7.3 A statement that a notice shall be given to District by certified mail thirty (30) days prior to cancellation or upon any materials change in coverage.

8.1.8 Workers' Compensation Insurance Coverage.

Definitions:

8.1.8.1 Certificate of coverage ("certificate") - 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, for the duration of the project.

8.1.8.2 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 Owner.

8.1.8.3 Persons providing services on the project ("subcontractor" in §406.096) - 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 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 which furnishes people to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

8.2 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, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.

8.3 Contractor shall provide a certificate of coverage prior to being awarded the contract.

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

8.5 Each subcontractor on the public project shall provide a certificate of insurance coverage, or other such documentation establishing proof of insurance by the subcontractor, relating to the subcontractor's employees, to the general contractor. The general contractor shall then provide the subcontractor's certificate of insurance coverage to the governmental entity.

8.6 Contractor shall obtain from each person providing Services on a project, and provide to the owner:

8.6.1 A certificate of coverage, prior to that person beginning work on the project, so the owner will have on file certificates of coverage showing coverage for all persons providing services on the project;

and

8.6.2 No later than seven (7) 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.

8.7 Contractor shall retain all required certificates of coverage for the duration of the project and for one (1) year thereafter.

8.8 Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 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.

8.9 Contractor 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.

8.10 The Contractor shall attest that the following clauses are incorporated into each contract with each person with whom it contracts for services on this project:

8.10.1 Agree to 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, Section 401.011(44) for all of its employees' providing services on the project, for the duration of the project;

8.10.2 Agree to 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;

8.10.3 Agree to 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;

8.10.4 Agree to obtain from each other person with whom it contracts, and provide to the Contractor: a certificate of coverage, prior to the other person beginning work on the project; and 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;

8.10.5 Agree to retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

8.10.6 Agree to notify the Owner in writing by certified mail or personal delivery, within 10 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

8.10.7 Agree to contractually require each person with whom it contracts, to perform as required by this document, with the certificates of coverage to be provided to the person for whom they are providing services.

8.11 By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the Owner 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 commission'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.

8.12 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

9 EVALUATION CRITERIA AND RELATIVE WEIGHTS In determining the Awarded Contractor, the evaluation committee, will evaluate the responses using the following criteria, in accordance with Texas Government Code 2269.055 (a) (1-8)

9.1 the price;

9.2 the offeror's experience and reputation;

9.3 the quality of the offeror's goods or services;

9.4 the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses;

9.5 the offeror's safety record;

9.6 the offeror's proposed personnel;

9.7 whether the offeror's financial capability is appropriate to the size and scope of the project; and

9.8 any other relevant factor specifically listed in the request for bids, proposals, or qualifications.

10 AWARD OF CONTRACT

The Awarded Contractor(s) will be notified upon award by the Board of Trustees. If a Contractor (a) withdraws his/her proposal within forty-five (45) days after the date of time fixed for the opening of proposals; or (b) fails or refuses to execute the Contract, or other required forms within ten (10) calendar days after the same are presented to him for signature, or (c) fails or refuses to furnish properly executed bonds and required Insurance Certificates within ten (10) calendar days of Notice of Award, the District may award the work to another Contractor(s), if applicable, or call for new proposals. The Bid Bond is forfeited if the proposal is withdrawn after the CSP opening, or Contract documents are not executed in accordance with the above.

11 CONTRACT REQUIREMENTS Awarded Contractor shall agree to terms in the AIA contract, as amended, found in the “Attachments” tab.

12 POST AWARD INFORMATION

12.1 The Awarded Contractor shall, within three (3) days after the Board of Trustees approves the award, submit the following:

12.1.1 A designation of the work to be performed by the Contractor with his/her own forces.

12.1.2 An experience profile of the selected Contractor's Superintendent. Contractor shall supply requested information to substantiate the qualifications of the Superintendent. If, in the opinion of the Owner, the Superintendent does not have sufficient qualifications, Owner may request the submission of another Superintendent and more information. Owner reserves the right to reject the awarded Contractor if an acceptable Superintendent is not presented.

12.1.3 A list of names of subcontractor

12.1.4 s or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the work as may be designated in the proposal documents or, if no portions are so designated, the names of the subcontractors proposed for the principal portions of the work.

12.1.5 The awarded Contractor shall, within five (5) days, thereafter, submit a statement of costs for each major item of work included in the proposal. Each section of specifications will be considered a major item of work and shall be shown as a separate cost item.

13 NOTICE TO PROCEED

Contractor shall not commence work under this Contract until he/she receives the written “Notice to Proceed,” a Purchase Order, and the fully executed Contract.

14 COMPLETION TIME

14.1 Contractor shall indicate, on the corresponding line item, that he/she agrees to have the project substantially completed by the due date stated in these documents.

14.2 Under the Base Bid, the Awarded Contractor shall be subject to liquidated damages for failure to substantially complete work by the due date or as amended by the final signed contract.

14.3 The definition of “Substantial Completion,” as defined in Article 9.8.1 of the AIA “General Conditions of the

Contract for Construction” bound herein, is as follows: “Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use”.

15 RETAINAGE AND PROJECT CONTINGENCY

15.1 Contracts equaling a total amount of $400,000.00 or more will bear a retainage of five percent (5%) on each partial disbursement. Contracts totaling less than $400,000.00 will bear a retainage of ten percent (10%) on each partial disbursement.

15.2 The contingency shall be included in the total cost.

16 ASBESTOS, LEAD AND PCBs CONTAINING MATERIALS

16.1 The use of any construction process or the installation of any asbestos, lead, Polychlorinated biphenyl (“PCBs”), or material containing asbestos, lead, and/or PCBs is strictly prohibited for this Project.

16.2 Prior to submitting a proposal, Contractors shall notify the Project Manager, in writing, of any materials in these specifications which are known to contain or are likely to contain asbestos, lead or PCBs.

16.3 As far as is known, at proposal time all items are either available "off the shelf" or within a relatively short period of time. If during the proposal period, a Contractor becomes aware of an availability or delivery problem with any of the specified systems or materials he shall notify the Project Manager immediately.

16.4 The Project Manager shall promptly explore possibilities for selecting other systems or materials which would circumvent the problem and notify Contractors of any changes in an addendum, otherwise it shall be understood that only specified systems and materials that are asbestos free are included in the proposals.

16.5 Decisions regarding allowance items shall be expedited, to avoid construction delays.

16.6 If a material, product or system containing asbestos is used, the Contractor shall remove and replace the material, product or system with one which is asbestos free at no additional expense to the District, including removal and replacement of other materials affected by the removal of the asbestos bearing material, product or system, i.e. gypsum wallboard removed, replaced, and repainted on account of insulation being removed, etc.

16.7 Prior to payment of retainage and final payment, Contractor shall furnish a notarized statement certifying that no asbestos, lead, and/or PCB-containing materials have been used in the Project.

16.8 In addition to the Contractor’s notarized statement, the Subcontractors shall be required to furnish notarized affidavits that no asbestos, lead, and/or PCB-containing products have been used in this project.