ESBD_File_351198_Terms & Conditions.pdf

REQUEST FOR COMPETITIVE SEALED PROPOSALS

CSP 2411

Project: Alief Independent School District’s LED Video Scoreboard at Crump Stadium

Location: 12321 High Star Dr, Houston, TX 77072

ISSUED BY (Owner): SUBMIT INQUIRIES TO:

Alief Independent School District Name: Fabby Restrepo - Purchasing Manager

4250 Cook Road Purchasing Department, 12102 High Star

Houston, Texas 77072 Houston, Texas 77072

Email: Ethel.Restrepo@aliefisd.net

Alief ISD Procurement website: https://www.aliefisd.net/Page/15452

SECTION 1 – PROJECT OVERVIEW

Project Overview and Scope: Alief Independent School District (“AISD,” “District,” “Owner) is seeking

Competitive Sealed Proposals from qualified proposers to provide construction services for a construction project for LED Video Scoreboard at Crump Stadium located at 12321 High Star Dr, Houston, TX 77072.

The project scope of work consists of Exterior, electronic video scoreboard including control center, and other accessories for complete functional installation. Install sound system and accessories in accordance with manufacturer’s instructions. Before installation, field test sound system and accessories for operating functions.

Ensure that sound system accurately performs all operations and correct deficiencies. Rigidly mount equipment and loudspeaker enclosures level and plumb with brackets and fasteners.

Estimated Budget: The estimated budget for this project is $800,000

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

AISD.

https://www.aliefisd.net/Page/15452

Pre-Proposal Meeting: Pre-Proposal meeting agenda will include review of topics that may affect proper preparation and submittal of proposals and is scheduled for 10:00 AM p.m. on 02/21/2024 at 12135 High Star

Drive, Houston, TX 77072. Attendance at the pre-proposal meeting is not mandatory, but all proposers are highly encouraged to attend.

Proposal Deadline; Opening Time/Location: Sealed proposals for the construction work to be performed as required and/or contemplated under this request for competitive sealed proposals and as described herein and in the construction, documents will be received no later than 2:00 PM on 03/07/2024. Proposals will be publicly opened and read aloud.

Proposals shall be submitted by hard copies delivered by U.S. Postal mail, courier, or hand delivery to AISD on or before the date and time set to receive proposals. Proposers shall submit 1 original and 2 copies of proposals in a sealed envelope and are responsible for ensuring that their proposals are time-stamped to evidence timely submission. Hard copies of proposals will only be accepted at AISD’s Purchasing Office, located at 12102 High

Star Drive, Houston, Texas 77072, between the hours of 8 a.m. and 4 p.m., Monday through Friday, on AISD business days.

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

Contract Term: Actual work to be performed and the schedule for performance under this solicitation will be upon the terms, conditions, and timelines agreed upon by AISD and the selected contractor. Time is of the essence for this project. All Work listed in the construction documents shall be substantially completed no later than 08/02/2024, the estimated project completion date. Final completion shall be completed no later than DATE or 30 days following substantial completion.

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

1. This Request for Competitive Sealed Proposals does not obligate AISD to award a contract or pay any costs incurred by the proposer in the preparation and submittal of a proposal. AISD assumes no financial responsibility for any costs incurred by proposers in developing and submitting a proposal, participating in pre-bid meetings, or any other costs incurred by proposers in connection with this procurement solicitation.

2. AISD, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL

AND/OR REJECT ANY AND ALL PROPOSALS OR A PART OF A PROPOSAL, WITHOUT

REASON OR CAUSE, SUBMITTED IN RESPONSE TO THIS SOLICITATION.

3. AISD RESERVES THE RIGHT TO REJECT ANY NON-RESPONSIVE OR CONDITIONAL

PROPOSAL.

4. AISD RESERVES THE RIGHT TO WAIVE ANY FORMALITIES, IRREGULARITIES,

AND/OR TECHNICALITIES IN THIS SOLICITATION, THE CONSTRUCTION AND/OR

PROCUREMENT DOCUMENTS, AND/OR ANY PROPOSALS RECEIVED OR SUBMITTED.

5. BY SUBMITTING A PROPOSAL, PROPOSER AGREES TO WAIVE ANY CLAIM IT HAS OR

MAY HAVE AGAINST ALIEF INDEPENDENT SCHOOL DISTRICT, AND/OR AISD’S

BOARD MEMBERS, ADMINISTRATORS, EMPLOYEES, AND/OR AGENTS ARISING OUT

OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, OR

RECOMMENDATION OF ANY PROPOSAL; (2) ANY REQUIREMENTS UNDER THE

SOLICITATION, PROCUREMENT PACKAGE, OR RELATED DOCUMENTS; (3) THE

REJECTION OF ANY PROPOSAL OR ANY PART OF ANY PROPOSAL; AND/OR (4) THE

AWARD OF A CONTRACT, IF ANY.

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

7. A response to this procurement solicitation is an offer to contract with AISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation and the construction documents. A contract is not formed unless and until a proposal is accepted and awarded by

AISD after approval by the AISD Board of Trustees. AISD will utilize the AIA Document A101-2017 contract, as modified by AISD, along with the AIA Document A201 General and Supplementary

Conditions, as modified by AISD. AISD’s modifications to the AIA Documents are included herein as

Exhibit C. Any exceptions to AISD’s modifications to the AIA Documents must be clearly indicated in the proposer’s submission. Each Proposer, by making its proposal, represents that the Proposer has read, understands, and agrees to AISD’s modifications to the AIA Documents.

8. A proposal that has been submitted may be withdrawn prior to the deadline for submission of proposals.

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

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

11. No employee, officer or member of AISD shall participate in the selection, development of a response to this procurement solicitation, award or administration of a contract resulting from this procurement solicitation if a conflict of interest, real or apparent, would be involved.

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

SECTION 2 – INSTRUCTIONS TO PROPOSERS

1. Definitions:

Procurement Documents include the procurement requirements and the proposed contract documents. The procurement requirements consist of this Request for Competitive Sealed Proposals, including its exhibits and attachments, and all addenda. The proposed Contract Documents consist of the AIA Document A101-2017 contract, as modified by AISD; Exhibit A to the AIA Document A101-2017, Insurance and Bonds, as modified by AISD; AIA Document A201 General Conditions, as modified by AISD; the Drawings and

Specifications. The AIA Documents, as modified by AISD, are included herein as Exhibit C.

2. Review of Construction Documents

A complete set of documents (collectively, “Procurement Documents”) shall be used in preparing a proposal;

neither AISD nor AISD’s architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of construction and/or procurement documents. Each prospective proposer should carefully review the construction documents and take such steps as may be reasonably necessary to ascertain the resulting contract performance requirements. Failure to do so will not relieve proposers from the responsibility of estimating properly the difficulty/level of effort or cost of successfully performing any resulting contract. After the proposals have been opened, AISD shall have the right to review the proposals and examine the credentials and qualifications of each proposer to determine whether any or all of the proposals are responsive and to make a determination as to whether any one or more proposers are qualified, responsible contractors.

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

3. Explanation to Proposers; Questions; Registration with Engineer

Any explanation desired by a prospective proposer regarding the meaning or interpretation of the Procurement

Documents must be requested in writing and with sufficient time allowed (a minimum of seven (7) calendar days before the date set to receive proposals) for a response to reach prospective proposers before the submission of their proposals. Any AISD response, interpretations, corrections, and/or changes to the procurement or construction documents will be in the form of an addendum.

All such addenda shall be posted where the original procurement documents were placed, including on AISD’s website: https://www.aliefisd.net/Page/15452. Receipt of any addenda issued by AISD shall be acknowledged by the proposer with the proposal submission.

Procurement Documents may be obtained electronically at AISD’s website at: https://aliefisd.ionwave.net.

All questions and/or requests for information must be sent through the bidding portal or via email to Fabby

Restrepo I Purchasing Manager, CTSBS at Ethel.Restrepo@aliefisd.net and clearly identified by the subject line in the following manner:

Subject Line – AISD CSP 2411 LED Video Scoreboard at Crump Stadium – Scope: Brief description, date sent… https://www.aliefisd.net/Page/15452 https://aliefisd.ionwave.net/

Prospective proposers are responsible for obtaining issued addenda to the request for competitive sealed proposals to ensure they have the most current and complete Procurement Documents.

4. General Requirements

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

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

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

d. The contractor must be adequately insured and bonded.

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

5. Proposer Eligibility for Contract Award

In order for a proposer to be eligible to be awarded a contract, the proposal must be responsive to the solicitation and AISD must be able to determine that the proposer is responsible to perform the resulting contract satisfactorily.

Responsive proposals are those that comply with all material aspects of the solicitation, conform to the

Procurement Documents, and meet the requirements set forth in this solicitation. Proposals that do not comply with the terms and conditions of the solicitation will be rejected as non-responsive.

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

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

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

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

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

• Have a responsible safety record, as detailed in this procurement solicitation.

• Proposers must submit with their sealed proposal the following evidence of proposer’s safety record: proposer’s OSHA (Occupational Safety and Health Administration) inspection logs for the last three years, a loss analysis from the proposer’s insurance carrier, and a loss history covering all lines of insurance coverage carried by the proposer.

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

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

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

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

• Comply with all prevailing wage rate requirements;

• The contractor who is awarded a contract resulting from this procurement solicitation must pay not less than the prevailing wage rates determined by AISD to a worker employed by it in the execution of a contract and must keep a record of such, as detailed in this procurement solicitation.

• Be able to obtain all required permits.

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

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

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

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

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

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

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

• Be in good standing with the State of Texas.

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

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

6. Preparation for Proposal; Proposal Submittal

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

b. Proposers may respond to this CSP using by submitting hard copies of proposals. A proposal shall be submitted by delivering proposals no later than the exact date/time and at the place indicated in the solicitation. The required documentation and forms must be completed, signed, scanned, and enclosed in

Proposer’s sealed envelope. Hard copies of proposals will only be accepted at AISD’s Purchasing Office, located at 12102 High Star, Houston, Texas 77072, between the hours of 8 a.m. and 4 p.m., Monday through Friday, on AISD business days. The envelope shall identify the name and address of the proposer and shall contain the proposal security and other required documents.

c. All proposal packages must be sealed and must be clearly marked with the following:

• Proposer’s name, address and telephone number

• Project Description/Title

• Proposal Opening Date/Time

All hard copies of proposals shall be submitted to:

ALIEF INDEPENDENT SCHOOL DISTRICT

Attn: Fabby Restrepo

12102 High Star Drive, Houston, Texas 77072

d. Proposal security shall be submitted with each proposal in the percentages of the Base Proposal amount detailed below. Proposal security consisting of a certified check, cashier's check or bid bond in the amount below shall accompany the proposal response:

1. five percent (5%) for projects with construction budgets up to $500,000, or

2. ten percent (10%) for projects with construction budgets over $500,000.

Security shall be made payable to the Alief Independent School District. The security will be retained until the Contract is signed and the required bonds have been furnished. If any contractor refuses to enter into a contract within thirty (30) days, Alief ISD will retain the security as liquidated damages, but not as a penalty.

Proposal security will be returned to all bidders upon receipt of the Performance and Payment bonds presented by the awarded contractor.

7. Selection Criteria

In accordance with Sections 2269.153, 2269.155, and 2269.055 of the Texas Government Code, AISD will evaluate proposals on the basis of the following selection criteria:

SELECTION CRITERIA WEIGHT TABLE

Critiera Detailed Methodology Evaluation

Weight

1. The amount of the base bid/proposal and each alternate

Proposers will receive an assigned share of the total available points for this criterion based on the total monetary value of the Proposal. A formula will be used as follows to determine the award band for proposals based on each proposer’s percentage above the low bid: Lowest proposed combination of fees and general conditions / Contractor's combination of fees and general conditions multiplied by the available points. The result of the formula will be used to proportion the amount of points awarded.

2. The length of construction time proposed

Proposer’s proposed construction schedule meets or exceeds the Substantial Completion and Final Completion dates set forth herein.

3. The probability that the proposer can perform in accordance with the proposal documents

Proposer shows ability to perform the full scope of the work and maintain cost with no cost increases. Owner will consider the answers to the Questionnaire which relate to the quality of the

Proposer’s services. The proposer’s experience rehabilitating commercial buildings, projects of comparable cost, complexity, and timeframe to the work in the RFP.

4. The likelihood that the proposer will perform without delay or interference

Proposer shows no or limited past history of claims, suits, and failure to perform. 11

5. The responsibility and reputation of the proposer

The Owner will consider the proposer’s experience and reputation and the proposer’s answers to the Questionnaire, including, but not limited to, the record of past performance, general reputation of the proposer, and the proposer’s knowledge, reliability, character, integrity, skill, and stability; the proposer’s experience rehabilitating commercial buildings inside Harris County, the proposer’s experience with AISD, the proposer's safety record and the proposer’s reputation for handling warranty work. Proposer’s references (listed in proposer’s A305) will be reviewed and evaluated.

6. The quality of the proposer's performance on previous contracts and school projects

The Owner will consider the proposer’s previous experience and outcomes on previous Alief ISD projects.

7. The proposer's previous compliance with laws affecting the project

The Owner will consider the proposer’s demonstration that previous projects were managed in such a way that compliance with applicable law was maintained.

8. Sufficient experience and means of any/all sub-contractor(s) proposed to perform the work

The Owner will consider the capability and experience of any and all sub-contractor(s) proposed. 10

9. The sufficiency of the proposer's financial resources

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

Information Questionnaire of this RFP.

10. The quality and availability of the proposer's personnel and services

Proposer’s individual personnel proposed for the work in the RFP demonstrate similar project experience by showing high proportion of Harris County school district/governmental entity work. Proposer demonstrates consistent and average past and current workload to staff ratio, showing ability to adequately staff the work and company stability. Organizational approach to the project is clear. Owner will review and evaluate the answers to the Questionnaire and resumes in proposer’s A305.

11. The probability of satisfactory future maintenance, repair and service to be performed by the proposer

Proposer has a record of timely completion of work, compliance with laws, and warranty service. 5

12. The number and scope of conditions, if any, attached to the proposal by the proposer

The Owner will consider the quantity, nature and impact of any conditions offered by the proposer, if they are provided.

8. Terms and Conditions

This procurement solicitation shall be in accordance with applicable law, including Subchapter D of Chapter

2269 of the Texas Government Code (Competitive Sealed Proposal Method of Procurement), AISD policy, and the following terms and conditions of this procurement solicitation:

a. Contract Award. Award of a contract, if any, will be made to the proposer who submits the proposal that offers the best value for AISD, based on (a) the selection criteria in this request for competitive sealed proposals and the weighted value for those criteria listed in this procurement solicitation; and (b) AISD’s ranking evaluation. Tex. Gov’t Code § 2269.155(a). AISD must first attempt to negotiate a contract with the selected proposer. AISD and its architect and/or engineer may discuss with the selected proposer options for a scope or time modification and any price change associated with the modification. Tex.

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

Gov’t Code § 2269.155(c).

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

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

AIA Document A101-2017 contract, as modified by AISD; Exhibit A to the AIA Document A101-2017, Insurance and Bonds, as modified by AISD; AIA Document A201 General Conditions, as modified by

AISD

d. Insurance. Contractor must obtain and keep in effect during the term of the contract, insurance coverage in the below listed types and minimum amounts. As evidence of insurance coverage, Contractor must furnish to AISD certificate(s) of insurance as detailed in Exhibit A to the AIA Document A 101-2017

(see Section A. 3.1.1).

Type of Coverage Amount of Coverage

Liability and other insurance As detailed in

Exhibit A to the AIA Document A101-2017, Insurance and Bonds, as modified by AISD

Workers Compensation &

Employers Liability Insurance

As detailed in

Exhibit A hereto and Exhibit A to the AIA

Document A101-2017, Insurance and Bonds, as modified by AISD

Contractor must perform the duties and responsibilities pertaining to required workers’ compensation coverages, as detailed in Exhibit A and in Exhibit A to the AIA Document A101-2017, Insurance and

Bonds, as modified by AISD.

Contractor shall provide AISD with a certificate of coverage for each person providing services on the project, prior to that person’s beginning work on the project. This provision includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracts directly with the contractor and regardless of whether that person has employees. This includes, but is not limited to, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the contract. Services include, but are not limited to, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

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

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

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

e. Performance and Payment Bonds. The successful contractor, before beginning the work under any contract resulting from this procurement solicitation, is required to execute a performance bond and a payment bond as detailed in Exhibit A to the AIA Document A101-2017, Insurance and Bonds, as modified by AISD (enclosed herein as Exhibit C).

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

f. Prevailing Wage Rates. A worker, laborer, or mechanic employed on a public work by or on behalf of

AISD shall be paid: (1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and (2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

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

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

AISD shall specify this penalty in the public works contract.

Obligation to keep Prevailing Wage Rates Records. A contractor and subcontractor employed on an

AISD public works contract shall keep a record showing:

(1) the name and occupation of each worker employed by the contractor or subcontractor in the construction of the public work; and

(2) the actual per diem wages paid to each worker.

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

Code § 2258.024.

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

h. Safety Record of Proposer. AISD will consider the safety record of the proposer in determining to whom to award a contract resulting from this procurement solicitation. The safety record shall be defined as a proposer’s OSHA (Occupational Safety and Health Administration) inspection logs for the last three years, a loss analysis from the proposer’s insurance carrier, and a loss history covering all lines of insurance coverage carried by the proposer. See AISD Policy CVB (Local).

Proposers shall submit with their proposals:

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

b. a loss analysis from the proposer’s insurance carrier, and

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

i. Conflict of Interest. AISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23 significantly changed

Chapter 176 as well as the required disclosures and the corresponding forms. As of September 1, 2015, any company who does business with AISD or who seeks to do business with AISD must fill out the new

Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. See Attachment D –

Proposer Certification Forms.

j. Discrepancies. Any discrepancies within the Construction Documents, including between the Drawings and Specifications, or errors must be reported to the architect for interpretation. The architect will at all times endeavor to explain and interpret all discrepancies but does not bind itself for any interpretation not in writing. In the event of discrepancies which have not been interpreted in writing or conflicts within the

Contract Documents, including drawings and specifications, the Proposer shall consider that the greater value or quantity shall apply and the submitted Competitive Sealed Proposal shall reflect this fact.

k. Materials. Any reference in the Construction Documents to materials, products, equipment, fixtures, etc., shall not be construed as limiting competition in any manner; however, only the architect/engineer shall have the authority to determine whether a material is equal. No substitution will be allowed unless authorized in writing by the architect or engineer. See below section regarding Substitutions.

Where a definite material is specified, it is to set a standard, unless so noted that NO substitution allowed.

Manufacturers of products not named in the Construction Documents will be required to show evidence satisfactory to the architect/engineer, that their product is equal in construction, similar in design, and will serve the intended purpose as the item specifically named.

l. Substitutions. The materials, products and equipment described in the Construction Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

No substitution will be considered prior to receipt of Proposals unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Proposals. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the Proposer. The Architect's decision of approval or disapproval of a proposed substitution shall be final. If the Architect approves a proposed substitution prior to receipt of Proposals, such approval will be set forth in an Addendum. Proposer shall not rely upon approvals made in any other manner. No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents.

m. Appeal/Protest Process. Any Proposer who submitted a proposal may appeal AISD’s award, if the appeal is based on deviations from laws, rules, regulations, or AISD Board policies. AISD Board Policy GF

(Local) applies to any Proposer wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a Proposer shall submit a complaint/appeal form by hand-delivery, fax, or U.S.

mail, to AISD’s Director of Construction and Facilities. Complaints/appeals must be received by the close of business on or before the 15th AISD business day after award of the contract. In the event Proposer is unsure about the award of the contract, it is the Proposer’s responsibility to contact AISD on the next business day after the award is announced and verify details concerning the award.

9. Proposal Format

All proposals must include the following:

1. Title Page

2. Table of Contents

3. Business Identification

4. Compliance with Procurement Documents

5. Evidence to be used for evaluation/selection criteria

6. All required documentation and attachments (see #9, below)

Documentation must be complete.

10. Required Documentation and Attachments

The documentation and attachments listed below are required to be included with the proposal. All forms must be completed and signed.

Include the following for the Base Proposal:

1. Proof of Insurance – certificates of insurance of the types and amounts described in this procurement solicitation, including in Exhibit A and in Exhibit A to the AIA Document A101-

2017, Insurance and Bonds, as modified by AISD (enclosed as Exhibit C hereto)

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

3. Proposal security (see Section 6.d)

4. A list of proposed subcontractors for the Project

5. Proof of Proposer’s Safety Record – Proposers must submit:

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

b. a loss analysis from the proposer’s insurance carrier, and

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

6. Attachment A – Proposal Form – Base Proposal and Certification of Proposer

7. Attachment B – Proposer Questionnaire and Qualification Statement

8. Attachment C – Proposer Certification Forms

9. Attachment D – Asbestos-Free Materials and Inspection

10. Attachment E – Acknowledgement of Final Completion Documents

11. Attachment F – W-9 Form

12. Attachment G – Criminal History Certification Form

13. Attachment H: Diversity Inclusion Form

11. Documents to be submitted PRIOR to Proposal

Each Proposer must submit the following items in duplicate, to the office of the Owner no later than

2:00 p.m. on DATE: 03/07/2024

a. A properly executed and current Contractor’s Qualification Statement, AIA Document A305, including references with the names of contact persons, telephone numbers and email addresses.

b. A list of projects currently being constructed, and projects completed within the last 5 years; include the name of the Owner, date completed, construction cost, Owners contact and Architect's contact.

Include telephone numbers and email addresses for all contacts and references.

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

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

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

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

A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of

Insurance (TDI), or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project is required for the duration of the project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

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

The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, 1996.

Exhibit B – Prevailing Wage Rates

Prevailing Wage Rate

Determination Information The following information is from Chapter 2258 Texas Government Code:

Sec. 2258.021. Right to be Paid Prevailing Wage Rates.

(a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be paid:

(1) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and

(2) not less than the general prevailing rate of per diem wages for legal holiday and overtime work.

(b) Subsection (a) does not apply to maintenance work.

(c) A worker is employed on a public work for the purposes of this section if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with the state, a political subdivision of the state, or any officer or public body of the state or a political subdivision of the state.

Sec. 2258.023. Prevailing Wage Rates to be paid by Contractor and Subcontractor, Penalty.

(a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract.

(b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract.

(c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract as provided by Section

2258.022.

(d) The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter.

(e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of more than 10,000.

Sec. 2258.051. Duty of Public Body to Hear Complaints and Withhold Payment.

A public body awarding a contract, and an agent or officer of the public body, shall:

take cognizance of complaints of all violations of this chapter committed in the execution of the contract;

and

(1) withhold money forfeited or required to be withheld under this chapter from the payments to the contractor under the contract, except that the public body may not withhold money from other than the final payment without a determination by the public body that there is good cause to believe that the contractor has violated this chapter.

http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2258.022 http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=GV&Value=2258.022

Prevailing Wage Rates – School Construction Trades

June 1, 2022 – Texas Gulf Coast Area

CLASSIFICATION

2022 HOURLY

RATE

ASBESTOS WORKER $21.13

BRICKLAYER; MASON $25.32

CARPENTER; CASEWORKER $23.38

CARPET LAYER; FLOOR INSTALLER $25.12

CONCRETE FINISHER $23.40

DATA COMM/TELE COMM $23.50

DRYWALL INSTALLER; CEILING INSTALLER $26.65

ELECTRICIAN $25.93

ELEVATOR MECHANIC $28.80

FIREPROOFING INSTALLER $22.25

GLAZIER $22.30

HEAVY EQUIPMENT OPERATOR $22.40

INSULATOR $20.50

IRONWORKER $25.50

LABORER, HELPER $16.71

LATHERER; PLASTERER $23.25

LIGHT EQUIPMENT OPERATOR $20.50

METAL BUILDING ASSEMBLER $21.10

MILLWRIGHT $33.63

PAINTER; WALL COVERING INSTALLER $19.60

PIPEFITTER $26.97

PLUMBER $26.71

ROOFER $20.50

SHEET METAL WORKER $19.90

SPRINKLER FITTER $26.13

STEEL ERECTOR $23.25

TERRAZZO WORKER $23.50

TILE SETTER $19.58

WATERPROOFER; CAULKER $19.88

This document was developed by PBK Architects, Inc., in strict accordance with Chapter 2258 of the Texas Government Code.

Prevailing Wage Rates – Worker Classification Definition Sheet

CLASSIFICATION DEFINITION

ASBESTOS WORKER Worker who removes and disposes of asbestos materials.

BRICKLAYER; MASON

Craftsman who works with masonry products, stone, brick, block, or any material substituting those materials and accessories.

CARPENTER; CASEWORKER Worker who build wood structures or structures of any material which has replaces wood. Includes rough and finish carpentry, hardware and trim.

CARPET LAYER; FLOOR INSTALLER Worker who installs carpets and /or floor coverings, vinyl tile.

CONCRETE FINISHER Worker who floats, trowels, and finishes concrete.

DATA COMM/TELE COMM Worker who installs data/telephone and television cable and associate equipment and accessories.

DRYWALL; CEILING INSTALLER Worker who installs metal framed walls and ceiling, drywall coverings, ceiling grids, and ceilings.

ELECTRICIAN

Skilled…