ESBD_File_335876_RFP #23-16 SOLICITATION FOR ASBESTOS ABATEMENT FOR SEELE AND SCHIRZ ELEMENTARY SCHOOLS.pdf

NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT

REQUEST FOR PROPOSALS

RFP #23-16

Asbestos Abatement for Seele and Schurz Elementary Schools

DUE NO LATER THAN: October 10, 2023 at 2:00 p.m.

NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT

REQUEST FOR PROPOSALS

Your Proposals must be delivered by hand or mailed in a sealed envelope or carton and received by the opening time and date listed. Proposals must be plainly marked with the RFP Number and the Title Below.

Deliver Sealed Proposals no later than October 10, 2023 by 2:00 pm to:

Administration Center 1000 N. Walnut Ave.

RFP #23-16 Asbestos Abatement for Seele and Schurz Elementary Schools ATTN: Lydia Seigal, Contract Specialist

New Braunfels, Texas 78130

Public Opening of Proposals:

October 10, 2023 at 2:30 p.m.

Location: Administration Center 1000 N. Walnut

New Braunfels, Tx. 78130

For Questions regarding this Request for Proposals, please contact:

Lydia Seigal Purchasing/Contract Specialist lydiaseigal@nbisd.org or visit our District website at: https://www.nbisd.org/departments/business-office/open-and-awarded -bids Recommended site lydiaseigal Cross-Out

RFP #23-16 Request for proposal of Asbestos Abatement for Seele and Schurz Elementary Schools due not later than October 10, 2023 by 2:00 pm

DISTRICT PROFILE

The New Braunfels Independent School District located in New Braunfels, Texas and Comal and Guadalupe Counties is a destination district with top-performing schools. Comal County is one of the fastest-growing counties in the country and New Braunfels has grown to 90,000+ residents. NBISD represents a history of strong educational achievements and great schools and teachers. With a foundation beginning as far back as 1845, NBISD now serves more than 9,700 students and employs 1,200+ employees.NBISD encompasses 15 campuses to include: one early childhood center, nine elementary campuses, two middle schools, one ninth grade center, one 10th-12th grade high school, and one alternative learning center.

TABLE OF CONTENTS

Items below represent components which comprise this RFP package. Respondents are asked to review the package to be sure that all applicable parts are included.

Part Page

1.0 Notice of Intention

2.0 Proposal Requirements

3.0 Instructions to Vendors

4.0 Scope & Specifications

5.0 Evaluation & Award of RFP

6.0 General Terms and Conditions

7.0 Attachment A

8.0 Required Attachments

PART 1.0 – NOTICE OF INTENTION

The Purchasing Department of the New Braunfels Independent School District (“NBISD” or the “School district”) is conducting this procurement to establish a contract for the Asbestos Abatement of Seele Elementary and Schurz Elementary Schools in New Braunfels, TX 78130. The contract shall be in effect throughout the procurement and completion of the project. Vendors are requested to submit a response offering their total line of available products and services that are commonly purchased by school districts and other public, not-for-profit agencies and organizations. Pursuant to Government Code 2254 – Subchapter A, this Request for Proposal (RFP) is intended to solicit Proposals with the intent of the New Braunfels ISD to select the Respondent(s) demonstrating the best overall value to the District and to enter into a single contract with a qualified vendor to provide services to New Braunfels ISD.

For inquiries regarding this RFP #23-16 please contact:

Lydia Seigal (NBISD Contract Specialist) Email: lydiaseigal@nbisd.org or check our NBISD Website: https://www.nbisd.org/departments/business-office/open-and-awarded -bids

Proposals will be received until October 10, 2023 at 2:00 pm Proposals received after closing time will be disqualified. Fax, e-mail or other electronic proposals will not be accepted.

During the selection process, the District will rank all statements of professional qualifications submitted.

Interviews/presentations may be requested from selected vendors. The most qualified Vendor(s) will be recommended to the Board of Trustees’.

Number of Copies: Submit one (1) original of the signed proposal sheets, certifications, and supporting data, (1) one copy of the signed proposal sheets, certifications and supporting data and (1) one thumb drive copy of the signed proposal sheets, certifications and supporting data.

Proposals will be opened in accordance with Texas Education Law 44.031. However, the proposals will be “under evaluation” until final awards are determined. The District will select Vendor(s) for additional information, including proposed fees and prices for fulfilling the general conditions.

https://www.boerneisd.net/Page/3074

PART 2.0 – Request for Proposal Requirements

Please carefully read this entire RFP document and specifications. Complete all forms and submit your bid with all appropriate attachments.

2.1 Request for Proposal (RFP) Documents

NBISD Purchasing Department documents are made available via the NBISD webpage to anyone who wishes to submit a response. The NBISD Purchasing Department website is located at https://www.nbisd.org/departments/business-office/open-and-awarded-bids

2.2 Tentative Timetable

NBISD anticipates the Tentative Dates following the timetable listed below for this solicitation:

Item Activity Date & Time

1 Solicitation starts to advertise (1st run) August 28, 2023

2 Solicitation advertised (2nd run) September 05,2023

3 Deadline for Questions September 18, 2023

4 District Responses to Questions September 20, 2023

5 Proposal Due Date October 10, 2023 @ 2:00pm

6 Anticipated Board Meeting Notification DISCUSSION: October 9, 2023

The table above is only an estimate and may vary.

2.3 Procurement Method

NBISD is utilizing the Request for Proposal (RFP) method of procurement in accordance with Texas

Education Code Section 44.031 (f), Request for Proposal. For information regarding the RFP process, contact Lydia Seigal of the Purchasing Department at lydiaseigal@nbisd.org

2.4 Requirements for Return of RFP Responses

Respondents must submit RFPs by the established deadline (day and time). Please refer to the “Instructions to Vendors” section to ensure that you submit all required information to NBISD. NBISD does not accept responses after the due date and time.

2.5 Rights Reserved by NBISD and Restrictions on RFP Process

a) NBISD reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposal.

b) Should funds for the services provided under the contract not be appropriated in a given District Fiscal Year, NBISD may terminate the contract.

c) NBISD further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors.

d) NBISD assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a response or any amendments or addenda, participating in bid conferences, participating in any negotiation sessions or discussions, or any other costs incurred by vendors prior to award of a contract pursuant to this RFP.

e) NBISD reserves the right to reject any and/or all responses, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the School District. NBISD further reserves the right to accept, reject, or negotiate modifications in any terms of a proposed vendor’s response or any parts thereof. NBISD further reserves the right to waive any formalities

ACTION: November 13,2023 mailto:eddie.ashley@boerneisd.net or technicalities if deemed in the best interest of the School District. NBISD also reserves the right as sole judge of quality and equality.

2.6 Questions and Clarification

a) Questions regarding the requirements specified in this solicitation must be submitted via e-mail to lydiaseigal@nbisd.org In the subject line type: “Questions” followed by the solicitation number and title.

b) NBISD will not answer verbal questions; Question responses/Addendums will be posted on the district website at: https://www.nbisd.org/departments/business-office/open-and-awarded-bids.

PART 3.0 – INSTRUCTIONS TO VENDORS

This portion of the RFP includes instructions on the format vendors must follow in preparing and submitting proposals and how questions can be raised and will be addressed.

3.1 Compliance with Specifications

Vendors are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the terms of the Agreement. Any exceptions to the terms and conditions in the RFP or the Agreement must be clearly indicated in the appropriate section of the vendor’s submitted response. Each vendor, by making its response, represents that the vendor has read and understands the RFP and the Agreement.

3.2 Required Response Submission Format

Responders must submit one (1) one original of the complete set of the sealed RFP/proposal , one (1) copy of the complete set of the sealed RFP/proposal and (1) one original copy on a thumb drive of the complete set of the sealed RFP/proposal to the Purchasing Department. All Proposals must be mailed/ or hand carried and submitted in a sealed envelope to NBISD Central Office, prior to the response due date and time as described in the Request for Proposal. Failure to submit the necessary completed documents may result in the RFP being declared unresponsive to specification and may not be further evaluated. No oral, telegraphic, telephonic, e-mailed, or facsimile RFPs will be considered.

3.3 General Corporate Financial Information

Vendor agrees to provide NBISD with the following financial information if requested by NBISD at any point during the procurement process, including before or after contract award: If public, the vendor’s income statement, balance sheet, and cash flow for the past three (3) years; if private, the vendor’s audited financial statements for the past two years (if available). A vendor’s failure to provide this financial information may impact NBISD Administration’s recommendation to the NBISD Board of Trustees for the award of the contract.

Any responses received after the submittal deadline date and time will be disqualified.

3.5 Addendum

Any interpretations, corrections, additions, or changes to this RFP will be communicated to vendors by the https://www.boerneisd.net/Page/3074 issuance of an addendum. It is the responsibility of the vendor, prior to submitting their response, to determine whether an addendum was issued. Addendums will be uploaded to the same location as the RFP posting on the District Website. All vendors shall comply with the requirements specified in any addendum issued by NBISD.

3.6 Disqualification

A vendor may be disqualified before or after the responses are unsealed, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

3.7 Environmental Initiatives

NBISD is committed to reducing waste and promoting energy conservation. Toward that end, vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

3.8 Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted responses should be self-explanatory and should not require any clarification or additional information.

3.9 No Return of Responses

Once submitted, NBISD will not return responses to vendors.

3.10 Non-Collusion Statement

Vendors are required to certify a Non-Collusive Statement. Vendors are required to state the party submitting a response, that such response is genuine and not collusive or sham; that vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham response or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the response price or of any other vendor, or to fix any overhead, profit or cost element of said response price, or of that of any other vendor, or to secure any advantage against NBISD or any person interested in the proposed contract, and that all statements in response are true.

3.11 Open Records Policy

NBISD is a governmental body subject to the Texas Public Information Act. Responses submitted to

NBISD as a result of this solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a vendor believes that its response, or parts of its response, may be exempted from disclosure under Texas law, the vendor must specify page-by-page and line-by-line the parts of the response which it believes are exempt. In addition, the vendor must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. NBISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by vendors.

3.12 Preferences

NBISD may apply applicable preferences for Texas resident vendors in the event of a tie bid. Preferences must be explicitly claimed by vendor and may not be applicable in procurements and/or contracts involving federal funds unless the procurement and/or contract involves unprocessed locally grown or locally raised agricultural products for use by NBISD in a Child Nutrition Program. See Texas Government Code §§

2252.001 - .004; 2 C.F.R. § 200.319.

3.13 Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

3.14 Responsive Submittals

Submissions shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

3.15 Similar Products

Whenever an article or material is defined by NBISD in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design, and efficiency (as applicable).

3.16 NBISD is tax-exempt

NBISD is tax-exempt. Response prices should not include taxes.

3.17 Sole Source

In order to become a Sole Source Vendor, a vendor must meet the requirements of Texas Education Code §

44.31 (j) Sole Source, as described below.

Selected purchases may be exempt from competitive procurement if they meet the established criteria for a sole source purchase:

• Identification and confirmation that competition in providing the item or product to be purchased is precluded by the existence of a patent, copyright, secret process, or monopoly.

• Identification and confirmation that the product is a film, manuscript, book, utility service

(including electricity, gas, or water), or a captive replacement part or component for equipment.

• Sole source does not apply to mainframe data-processing equipment and peripheral attachments with a single item purchase price in excess of $15,000.

It is incumbent upon the School district to obtain and retain documents from the vendor which clearly delineate the reasons that qualify the purchase to be made on a sole source basis. In order to do business with NBISD as a Sole Source Vendor, NBISD must receive a notarized Sole Source Affidavit along with proof of your company qualifying as a sole source.

Please mail this information to:

NBISD

Administration Center

Attn: Lydia Seigal, Contract Specialist 1000 N. Walnut Street

New Braunfels, Texas 78130 NBISD reserves the right to decide if your company is a qualified Sole Source Vendor.

3.18 Conflict of Interest (CIQ Form – must be filled out and attached to response)

NBISD 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 vendor who does business with NBISD or who seeks to do business with NBISD must fill out the new Conflict of

Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

(a) If the vendor has an employment or other business relationship with a local government officer of NBISD or a family member of the officer that results in the officer or family member receiving taxable income, other than investing income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local government entity and vendor had been executed; or

(ii) the local government entity is considering entering into a contract with the vendor.

(b) If the vendor has given a local government officer of NBISD, or a family member of the officer one or more gifts that have an aggregate value of $100 in the 12-month period preceding the date the officer becomes aware that:

(i) A contract between the local government entity and vendor had been executed; or

(ii) The local government entity is considering entering into a contract with the vendor.

3.19 Interlocal Cooperation Act

It is the intent of NBISD to allow other governmental entities, including other School Districts, to

“piggyback” onto any existing contract between NBISD and Vendor entered pursuant to this RFP.

Accordingly, as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas

Government Code, and Chapter 271, Subchapter F of the Texas Local Government Code, other governmental entities that have entered an Interlocal Agreement with NBISD are authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between NBISD and Vendor.

PART 4.0 – SCOPE & SPECIFICATIONS- (Before District forms)

4.1 Request for Proposal Defined

NBISD is utilizing the Request for Proposal (RFP) method for the procurement of this service in accordance with Texas Education Code Section 44.031 Purchasing of Contracts. For information regarding the

RFP process, contact lydiaseigal@nbisd.org. Interested vendors should respond to this RFP and submit responses to NBISD.

4.2 Scope of Services

New Braunfels ISD is looking to obtain responses from vendors that can provide Asbestos Abatement of the

Seele Elementary and Schurz Elementary School.

4.3 Specifications

It is the intention of NBISD to establish a single contract with a highly qualified Vendor. Vendor shall provide these services under the terms of this RFP and Work Plan prepared by STC Environmental

Services, Inc. and the Contract set forth in Section 6.0 Contract Terms and Conditions.

4.4 Estimated Expenditures

The estimated total value of the contract is determined by the quotes received from proposers.

4.5 Submission

To assist in the evaluation process, your Proposal response shall be submitted in the following order, with each section clearly identified:

Section I: Executive Summary

Section II: Proposal Response Index

Section III: Part 7: Attachment A: Asbestos Abatement of The Old Administration Building Questionnaire

Section IV: Response Quote Sheet from Addendum 1 Asbestos Abatement Work Plan

Section IV: Responder’s Standard Contract (If applicable)

Section V: Part 8 Attachments

Section VI: District Forms and Edgar Forms Section VII:Must submit proof of Insurance Document(s)

4.6.1 Section I: Executive Summary

The Responder shall provide an executive summary, briefly introducing their response, highlighting any specific areas that are considered of importance.

4.6.2 Section II: Proposal Response Index

The Responder shall provide a Proposal Index that provides the section numbers, headings, and the page numbers for each heading, allowing for ease in locating specific pieces of information within the response.

4.6.3 Section III: Response to Part 7: Asbestos Abatement of the (starts on page 19).

4.6.5 Section IV: Responder’s Standard Contract

The District reserves the right to tender its own contract which shall incorporate the requirements of the district and the successful Responder’s responses. The Responder must list any special provisions or clauses that it would like to have considered in the resulting contract and an explanation of the intent of such special provision or clause. The Responder must provide a copy of their standard, if applicable, contract with the Proposal Response.

4.7 Evaluation of Qualifications, Negotiations, and Contract Award

THIS IS A REQUEST FOR PROPOSALS, and as such, an award will be made to the Responder(s) who is/are

BEST QUALIFIED TO SERVE THE DISTRICT. The District shall rank the responses it deems to be in the best interest of the District through an evaluation process, subsequently negotiating terms and conditions for a contract arrangement.

NBISD reserves the right to negotiate a contract with any Responder.

The District anticipates notifying the Board of Trustees of its recommendation at their regularly scheduled

Board Meeting.

4.7 Contract Special Requirements

4.7.1 Description and Purpose

New Braunfels Independent School District (“NBISD” or the “District”) will engage with the qualified firm(s), hereby known as “Contractor”, in accordance with the instructions, terms and conditions, and requirements/specifications contained in the associated solicitation and the negotiated contract agreement.

4.7.2 Term of Contract

The contract(s) is based upon Board notification of the selected Responder(s) and will begin after award and will remain in effect throughout the completion of the project.

PART 5.0 – EVALUATION AND AWARD OF RESPONSES

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsible vendor(s) whose response(s) are/is determined, after evaluation by the NBISD Procurement Department, to be the best value to NBISD. To qualify for evaluation, a response must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.

5.1 Evaluation Criteria and Score Sheet

A committee selected by NBISD will review and evaluate all responses and make a recommendation to the NBISD Board of Trustees. NBISD will base a recommendation for contract award on the following factors, in accordance with Texas Government Code § 2254: and, in accordance with Texas Education Code §

44.031:

Criteria # Criteria Description Weighted Value

Price Proposal 50%

Proposer’s Ability to Provide Construction Services

10%

Proposer’s Experience and Background

15%

Proposer’s Performance and Reputation on Past projects

15%

Proposer’s Project Planning and Scheduling for Project

5%

Proposer’s Quality Control and Commissioning Program for this Project and Proposer’s Project Safety Program

5%

Total 100%

5.2 Awards

Awards will be made to the successful vendor for the total line of products and services submitted. Awards will be based on the criteria set forth within this document. NBISD shall comply with the Texas

Public Information Act in the event NBISD receives an open records request for information relating to responses submitted in response to this RFP.

5.3 Competitive Range

It may be necessary for NBISD to establish a competitive range of acceptable responses as part of the evaluation process. Responses not in the competitive range are unacceptable and do not receive further award consideration.

5.4 Estimated Quantities

NBISD makes no guarantee or commitment of any kind concerning quantities that will be purchased.

NBISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation.

5.5 Inspection & Acceptance

Awarded vendor(s) shall deliver the goods or services procured on this contract to the NBISD Department issuing a Purchase Order. If delivery is not or cannot be made within proper time frame, the awarded vendor must receive authorization from the issuing NBISD Department for the delayed delivery. If defective or incorrect goods are delivered, NBISD may make the determination, in its sole discretion, to return the goods to the vendor at no cost to NBISD. The vendor agrees to pay all shipping and handling costs for any such return shipment. The vendor also shall be responsible for arranging the return of the defective or incorrect goods.

5.6 Formation of Contract

A response to this solicitation is an offer to contract with NBISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/response does not become a contract unless and until it is accepted by NBISD after approval by the NBISD Board of Trustees.

5.7 Non-Exclusive Contract

Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of NBISD. NBISD is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, in NBISD’s sole discretion.

5.8 Pricing

NBISD requires that the pricing submitted to be set for duration of the contract. NBISD may request the awarded vendor(s) to provide discounts or other adjustments to the quantity one price for larger orders, on a per-purchase order basis. If discounts or quantity prices are offered by an awarded vendor, the vendor must also offer the same reductions in pricing to be available for orders of similar size.

PART 6.0 – GENERAL TERMS AND CONDITIONS

The words “bids,” “Request for Proposal,” “quotes,” “RFPs,” “solicitation,” “procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, Request for Proposal, quotes, and other procurement solicitations to which they are attached. The term “Vendor” means each awarded vendor chosen by NBISD.

These General Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/response forms issued in connection with this solicitation.

Vendors are responsible for identifying any exceptions to these terms and conditions. ANY EXCEPTIONS MUST BE

CLEARLY NOTED IN THE SUPPLIER RESPONSE. Responses that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by NBISD and eliminated from further consideration by NBISD.

This Agreement is entered into between New Braunfels Independent School District (“NBISD”) and Vendor, having submitted a response to a procurement solicitation issued by NBISD and whose response has been accepted and awarded by NBISD. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NBISD and

Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

6.1 Agreement Terms; Amendment

The terms of this Agreement shall govern all procurements conducted hereunder. No pre-published terms on the

Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect. Further, no amendment of this Agreement shall be permitted unless first approved in writing by NBISD, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by NBISD’s Superintendent or its Chief Financial Officer (or their designees) after any necessary approvals have been obtained from the NBISD

Board of Trustees.

6.2 Assignment of Agreement

Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of NBISD. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made as a result of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of NBISD. Vendor is required to notify NBISD when any material change in operations occurs, including but not limited to, changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.

6.3 Buy America Act

NBISD has a preference for domestic end products for supplies acquired for use in the United States when spending federal funds. Purchases that are made with non-federal funds or grants are excluded from the Buy

America Act.

6.4 Captions

The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof.

6.5 Catalog Discounts

In the event of a catalog discount type solicitation, Vendor may be allowed to make additions and/or deletions from Vendor’s offerings on an annual basis during the Agreement renewal period, in NBISD’s sole discretion, provided the item(s) substituted are of a like quality and category. These changes will be compliant with the format of Vendor’s original response (i.e. manufacturer name, product category, or entire catalog discount).

NBISD will send notification to Vendor(s) seeking any additions and/or deletions, and Vendor will return these proposed changes on company letterhead within the given timeframe. If NBISD, in its sole discretion, accepts

Vendor’s proposed changes, such changes will remain in effect for the entire year until the next renewal period.

6.6 Compliance with Laws

Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the DAVIS-BACON ACT (40 U.S.C.

§ 276a / 29 CFR Part 5), the Copeland “Anti-Kickback” Act (18 U.S.C. § 874 / 29 CFR Part 5), the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter 60), the McNamara-O’Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15), the Contract Work Hours and Safety Act (40 U.S.C. § 3701-3708; 29 C.F.R. Part 5), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), the Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-77 and 81 (“EDGAR”), mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to NBISD. Vendor understands that Vendor is ineligible to receive a contract award with NBISD if Vendor if listed on the government wide exclusions in the System for Award

Management (Debarment and Suspension Orders Executive Orders 12549 and 12689) or is 30 days or more delinquent in paying child support (Tex. Fam. Code § 14.52). For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the NBISD’s Purchase Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site. When required or requested by

NBISD, Vendor shall furnish NBISD with satisfactory proof of Vendor’s compliance with this provision.

6.7 Confidentiality

Vendor and NBISD agree to secure the confidentiality of all information and records in accordance with applicable federal and state laws, rules, and regulations. Vendor and NBISD understand that the Family

Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that NBISD is subject to the Texas Public Information Act, and Vendor waives any claim against and releases from liability NBISD, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by NBISD, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

6.8 Contract Term

The contract shall be in effect throughout the procurement and completion of the project.

6.9 Criminal History Review (SB 9 Contractor Certification: Contractor Employees Form; SB 9 Contractor

Certification: Subcontractor Form – must be filled out and returned, if applicable)

Prior to commencing any work under the Agreement, if Vendor contracts with NBISD to provide services, Vendor must certify, on the form provided herein, that for each covered employee of Vendor who will have direct contact with students, Vendor has obtained, as required by Texas Education Code Section 22.0834: (a) state criminal history record information from a law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.) for each covered employee of Vendor employed before January 1, 2008; and (b) national criminal history record information for each employee of Vendor employed on or after January 1, 2008. Vendor must also obtain similar certifications of compliance with Texas Education Code Chapter 22’s requirements from any subcontractors on the form provided herein. Covered employees with disqualifying criminal history are prohibited from serving at

NBISD; Vendor and any subcontracting entity may not permit a covered employee to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Tex. Educ. Code § 22.085(a) (i.e., Title 5 felony or an offense requiring registration as a sex offender and victim was under 18 years of age or was enrolled in a public school at the time the offense occurred). The criminal history record information review obligation applies if Vendor contracts with NBISD to provide services; it does not apply to a contract for the purchase of goods or real estate.

6.10 Customer Reference List

Vendor agrees to submit a customer reference list upon request by NBISD.

6.11 Customer support

RFP #23-16

Vendor shall provide timely and accurate technical advice and sales support to NBISD and NBISD staff. Vendor shall respond to requests for customer support within one (1) business day after receipt of the request. Vendor shall provide training to NBISD staff regarding products and/or services supplied by Vendor, at no additional charge, if requested by NBISD.

6.12 Entire Agreement

This Agreement, the procurement solicitation issued by NBISD and Vendor’s response submitted in response to NBISD procurement solicitation, and the attached and incorporated addendum or exhibits, if any, contain the entire agreement of the parties relative to the purpose(s) of the Agreement and supersede any other representations, agreements, arrangements, negotiations, or understanding, oral or written, between the parties to this Agreement. In the event of a conflict between the procurement solicitation issued by NBISD and

Vendor’s response submitted in response to NBISD procurement solicitation, NBISD procurement solicitation shall control. This Agreement supersedes any conflicting terms and conditions on any purchase or work orders, invoices, checks, order acknowledgements, forms, purchase orders, or similar commercial documents relating hereto, and which may be issued by Vendor after the Effective Date of this

Agreement.

6.13 Equal Opportunity

It is the policy of NBISD not to discriminate on the basis of race, color, National origin, gender, limited

English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Agreement shall contain a provision requiring non-discrimination in employment herein specified binding upon each subcontractor.

Breach of this covenant may be regarded as a material breach of the Agreement.

6.14 Force Majeure

Neither NBISD or Vendor shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are reasonably beyond such party’s control.

The parties to this Agreement are required to use due caution and preventive measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other party in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated. Delay or failure of performance, by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. Neither party shall have any claim for damages against the other resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Agreement, in the event the Vendor’s performance of its obligations under this

Agreement is delayed or stopped by a force majeure event, NBISD shall have the option to terminate this

Agreement. This section shall not be interpreted as to limit or otherwise modify any of NBISD contractual, legal, or equitable rights.

6.15 Governing Law and Venue

The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Agreement. Any dispute under this Agreement may be brought in the state and federal courts located in NEW BRAUNFELS, Texas, and the parties hereby submit to the exclusive jurisdiction of said courts.

6.16 NBISD Property

In the event of loss, damage, or destruction of any property owned by or loaned by NBISD that is caused by

Vendor or Vendor’s representative, agent, employee, or contractor, Vendor shall indemnify NBISD and pay to

NBISD the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of Vendor’s receipt of written notice of NBISD determination of the amount due. If

Vendor fails to make timely payment, NBISD may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by NBISD.

6.17 Indemnification

VENDOR SHALL INDEMNIFY AND HOLD NBISD HARMLESS FROM ALL CLAIMS,

LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES, ATTORNEYS’ FEES, FINES,

PENALTIES OR DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF VENDOR,

VENDOR’S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN CONNECTION WITH THIS

AGREEMENT, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED

INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER

CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO

DELIVER. Vendor’s obligations under this clause shall survive acceptance and payment by NBISD . 6.18 Insurance (if applicable)

Successful Vendor, as a part of his/her proposal, shall provide proof of insurance showing, as a minimum, the coverage listed below. The Contractor shall not commence any portion of the work under this contract until he/she has obtained the insurance required herein and copies of certificates have been approved by the District and filed in the Purchasing Department. Approval of the insurance shall not relieve or decrease the liability of the successful vendor. The insurance certificate(s) shall become a part of the contract documents.

• Comprehensive General Liability: $500,000 each person

• Bodily Injury Liability: $1,000,000 each occurrence

• Property Damage Liability: $100,000 each occurrence

• Workmen's Compensation: * AS STATUTORY PROVISIONS REQUIRE

* If vendor does not provide Workman’s Compensation, a letter explaining alternate benefits should be included with the proposal.

Automobile Liability Insurance:

• Comprehensive Automobile Liability: $500,000 each person

• Bodily Injury Liability: $1,000,000 each occurrence

• Property Damage Liability: $100,000 each occurrence

Umbrella Liability:

• Minimum Limits: $1,000,000 each occurrence

• Bodily Injury Liability: $1,000,000 aggregate

• Excess: $1,000,000

Coverage shall include:

a. Waiver of subrogation endorsement in favor of the District and its Agents.

b. Thirty (30) day written notice of cancellation or material change endorsement in favor of the District and its

Agents.

c. The District shall be named as additional insured on the successful vendor’s policy(ies).

6.19 Interpretation

Vendor agrees that the normal rules of construction that require that any ambiguities in this Agreement are to be construed against the drafter shall not be employed in the interpretation of this Agreement.

6.20 Invoices; Payments

Invoices shall be directed to NBISD Accounts Payable Department. All invoices shall be itemized to include the type of good(s) and/or service(s) rendered. Vendor shall submit invoices within a timely manner during NBISD fiscal year in which the good(s) and/or services are purchased. In accordance with Texas Government Code § 2251.021, payments are due to Vendor within forty-five (45) days after the later of the following: (1) the date NBISD receives the goods under the Agreement; (2) the date the performance of the service under the Agreement is completed; or (3) the date NBISD receives an invoice for the goods or service. Vendor agrees to pay any subcontractors, if any, the appropriate share of the payment received from NBISD not later than the tenth (10th) day after the date Vendor receives the payment from NBISD. The exceptions to payments made by NBISD and/or Vendor listed in Texas

Government Code § 2251.002 shall apply to this Agreement.

Invoices are to be mailed for payment of delivery to: NEW BRAUNFELS ISD

Accounts Payable Department

1000 North Walnut NEW BRAUNFELS, Texas 78006 accountspayable@nbisd.org

6.21 IRS W-9

In order to receive payment under this Agreement, Vendor shall have a current I.R.S. W-9 Form on file with NBISD.

6.22 Multiple Contract Awards; Non-Exclusivity

NBISD reserves the right to award multiple contracts for each commodity category. Commodity categories are established at the sole discretion of NBISD. Nothing in this Agreement may be construed to imply that

Vendor has the exclusive right to provide products and/or services to NBISD. During the Term of this

Agreement, NBISD reserves the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor.

6.23 New Products

New products that meet the specifications detailed in the solicitation may be added to this Agreement, with prior written approval from NBISD. Pricing of any new products shall be equivalent to the percentage discount or proposed prices for other similar products. Vendor may replace or add products to an existing contract if: the replacing products are equal to or superior to the original products offered; are discounted in a similar or to a greater degree; and the products meet the requirements of the original solicitation. No products may be added to avoid competitive procurement procedures. NBISD may reject any proposed additions, without cause, in its sole discretion.

6.24 No Substitution

Any order issued pursuant to this Agreement shall conform to the specifications and descriptions identified in this

Agreement and in the solicitation. Unless otherwise agreed to in advance by NBISD, Vendor will not deliver substitutes without prior authorization from NBISD.

6.25 No Agency or Endorsements

NBISD and Vendor are independent contractors and have no power or authority to assume or create any obligation or responsibility on behalf of the other party. This Agreement shall not be construed or deemed an endorsement of a specific company or product. It is the intention of the parties that Vendor is independent of

NBISD and is not an employee, agent, joint venturer, or partner of NBISD, and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer, or partner, between NBISD and Vendor or NBISD and any of Vendor’s agents. Vendor agrees that

NBISD has no responsibility for any conduct of any of Vendor’s employees, agents, representatives, contractors, or subcontractors.

6.26 Non-Appropriation Clause

Renewal of this Agreement, if any, will be in accordance with Texas Local Government Code § 271.903 concerning non-appropriation of funds for multi-year contracts. Notwithstanding any other provision of this Agreement or obligation imposed on NBISD by this Agreement, NBISD shall have the right to terminate this Agreement without default or liability to Vendor resulting from such termination, effective as of the expiration of each budget period of NBISD if it is determined by NBISD, in NBISD sole discretion, that there are insufficient funds to extend this

Agreement. The parties agree that this Agreement is a commitment of NBISD current revenue only.

6.27 Notice

Any notice provided under the terms of this Agreement by either party to the other shall be in writing and shall be given by hand-delivery or by certified or registered mail, return receipt requested. Notice shall be sufficient if made or addressed to the address listed in the signature line of this Agreement. Notice shall be deemed effective upon receipt. Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party by certified or registered mail, return receipt requested.

6.28 Penalties

If Vendor is unable to provide the goods or services at the prices quoted in Vendor’s response or if Vendor fails to fulfill or abide by the terms and conditions of the Agreement, NBISD may take the following action(s), in NBISD sole discretion, and Vendor agrees to comply with NBISD action(s):

1. insist that Vendor honor the quoted price(s) specified in Vendor’s response.

2. have Vendor pay the difference between Vendor’s price and the price of the next acceptable response (as determined by NBISD).

3. have Vendor pay the difference between Vendor’s price and the actual purchase price of the good or service on the open market; and/or

4. recommend to NBISD Board of Trustees that Vendor no longer be given the opportunity to submit a response to

NBISD and/or that this Agreement be terminated.

6.29 Performance

Vendor agrees to use best efforts to provide the good(s) and/or service(s) subject to this Agreement. NBISD reserves the right to conduct reviews of vendor performance at any time during the contract period.

6.30 Performance and Payment Bonds

Vendor agrees to provide performance bonds and/or payment bonds as required by Texas law on specified contracts and/or projects, as applicable. NBISD will include the performance and payment bonds requirement in the specifications section of any solicitation if performance bonds and/or payment bonds are required.

6.31 Prevailing Wage Rates

Vendor and all subcontractors of Vendor shall comply with all laws regarding wage rates including, but not limited to, Texas Government Code Chapter 2258 and any related federal requirements applicable to this Agreement and to this solicitation by NBISD.

6.32 Prices

All prices in Vendor’s response shall be firm for the Term of the Agreement. All price changes shall be presented to NBISD for acceptance or rejection by NBISD, in its sole discretion, using the same format as was accepted in Vendor’s original response; all price changes for goods and/or services provided under this

Agreement must be approved, in writing, by NBISD prior to taking effect. The following documentation shall be provided to support a request for a price change: justification for change/increase; terms and conditions; market conditions; manufacturers/distributors’ impact (if any).

6.33 Quantities

Because all…