HSA City Place Phase 2 Invitation to Bid.pdf

SECTION 00 20 00

INVITATION TO BID

Project: Harmony Science Academy - New Middle/High School – City Place - Phase 2

Location: 22000 Springwood Village Pkwy, TX 77398

ISSUED BY (Owner): SUBMIT INQUIRIES TO:

Harmony Public Schools (HPS) Name: Amine EL Hiyat 9321 W Sam Houston Pkwy S Title: Project Manager Houston, Texas 77099 Email: aelhiyat@harmonytx.org

Project Overview: Harmony Public Schools (“HPS”) is seeking competitive sealed proposals from qualified offerors to provide construction services for a construction project at “Harmony Science Academy – New Middle/High School, City Place – Phase 2”. The project scope of work includes a ground up construction of a 79,654 square foot Middle/High School facility including parking lot, athletic field, kitchen, and landscaping. Construction scope consists of but is not limited to concrete, drywall, glazing, finishes, roofing, electrical, mechanical, plumbing, landscaping, low voltage and other related work as specified in the project documents.

(#HPS2026 HSA City Place Phase 2 )

Estimated Budget: The estimated budget for this project is $29 Million

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

Pre-Bid Meeting: Pre-Bid meeting agenda will include review of topics that may affect proper preparation and submittal of proposals and is scheduled for 2:00 p.m. CST on Wednesday, July 15, 2026 through video conference. Attendance at the pre-bid meeting is not mandatory, but all proposers are highly encouraged to attend. If you are planning on attending, please email aelhiyat@harmonytx.org for confirmation of attendance.

Join Microsoft Teams Meeting at:

https://teams.microsoft.com/meet/2

32492403140469?p=7syZp0N7qQ0 W2Z1Sax

Proposal Deadline; Opening Time/Location: Sealed proposals in original form 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 by 2:00 PM CST August 11th, 2026 through Harmony’s ebid system at www.harmonytx.org/bid and will be opened at 2:00 PM CST August 11th, 2026 via video conference mailto:aelhiyat@harmonytx.org mailto:aelhiyat@harmonytx.org mailto:aelhiyat@harmonytx.org https://teams.microsoft.com/meet/232492403140469?p=7syZp0N7qQ0W2Z1Sax https://teams.microsoft.com/meet/232492403140469?p=7syZp0N7qQ0W2Z1Sax https://teams.microsoft.com/meet/232492403140469?p=7syZp0N7qQ0W2Z1Sax http://www.harmonytx.org/bid

Join Microsoft Teams Meeting at:

https://teams.microsoft.com/meet/280 971252863279?p=BNHZoRcKoic7v4 tQDu

Please send an email to confirm attendance to aelhiyat@harmonytx.org.

Proposers may submit questions through the HPS ebid system at www.harmonytx.org/bid.

Question cutoff date and time is Friday, July 31st, 2026, at 5:00 pm CST. Proposers are required to complete all sections provided in the ebid system. 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 bid as may be permitted by applicable law and subject to the approval of HPS, 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: HPS intends to sign a contract for Construction by 10/1/2026. Actual work to be performed and the schedule for performance under this solicitation will be upon the terms, conditions, and timelines agreed upon by the HPS Superintendent and the selected contractor.

Time is of the essence for this project. All items listed in the construction documents shall be completed no later than April 1st, 2028. Deadline will not be moved due to rainy days.

Liquidated Damages: Time is of the essence regarding the performance of all Work. If the Contractor fails to achieve Substantial Completion on or before April 1st, 2028, Contractor shall pay to the Owner, as liquidated damages, $2000 per day for each calendar day that Substantial Completion is delayed thereafter.

Reservations and Waivers: This procurement solicitation shall be in accordance with Harmony Public Schools’ procurement policies and general terms, including the following:

1. This Request for Competitive Sealed Proposals does not obligate HPS to award a contract or pay any costs incurred by the proposer in the preparation and submittal of a proposal. HPS 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. HPS, 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. HPS RESERVES THE RIGHT TO REJECT ANY NON-RESPONSIVE OR

CONDITIONAL PROPOSAL.

4. HPS 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.

https://teams.microsoft.com/meet/280971252863279?p=BNHZoRcKoic7v4tQDu https://teams.microsoft.com/meet/280971252863279?p=BNHZoRcKoic7v4tQDu https://teams.microsoft.com/meet/280971252863279?p=BNHZoRcKoic7v4tQDu mailto:aelhiyat@harmonytx.org

5. BY SUBMITTING A PROPOSAL, PROPOSER AGREES TO WAIVE ANY

CLAIM IT HAS OR MAY HAVE AGAINST HARMONY PUBLIC SCHOOLS,

AND/OR ANY OF EITHER ENTITY'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. HPS 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 HPS, in its sole discretion.

7. A response to this procurement solicitation is an offer to contract with HPS 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 HPS after approval by the HPS Board of Directors.

8. Proposals may be withdrawn only by delivery of a written request to Harmony Public

Schools prior to the specified deadline time/date stated in this request for proposal. The authorized signatory must sign such request.

9. Proposals received will become a part of Harmony Public School’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 Harmony Public Schools, or to any consultant, employee, or member of HPS 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 HPS 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.

13. HPS is subject to the Texas Public Information Act. Proposals submitted to HPS as a result of this procurement solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a contractor believes that its proposal, or parts of its proposal, may be exempted from disclosure under Texas law, the contractor must specify page-by-page and line-by-line the parts of the proposal which it believes are exempt. In addition, the contractor 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. HPS assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by proposers.

14. HPS is an equal opportunity/educational institution, which does not discriminate on the basis of race, color, religion, national origin, gender, age or disability.

END OF SECTION 00 20 00

SECTION 00 21 00

INSTRUCTIONS TO PROPOSERS

1. Review of Proposal Documents

A provided scope of work shall be used in preparing a proposal. Each prospective proposer should carefully review the scope of work 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, HPS 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.

2. Explanation to Proposers; Questions Any explanation desired by a prospective proposer regarding the meaning or interpretation of the construction 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 HPS response will be in the form of a response to the request for information.

Proposers may submit questions through the HPS ebid system, the questions cutoff date and time is Friday, February 10th, 2023, at 5:00 pm CST. Proposers are required to complete all sections provided in the ebid system.

Scope of Work is available for download through the HPS ebid system.

ONLY PROSPECTIVE PROPOSERS WHO ARE GENERAL CONTRACTORS SHALL

SUBMIT QUESTIONS/REQUESTS FOR INFORMATION. Questions/requests for information submitted by subcontractors will not be considered.

For all general contractor firms preparing to submit a qualified proposal for the work enumerated in the scope of work to Harmony Public Schools, please register with HPS ebids system at www.harmonytx.org/bid . Unregistered proposers will not be able to submit proposals. Prospective proposers are responsible for completing all sections required by HPS ebid system, obtaining any updates or amendments to the request for proposals to ensure they have the most current and complete bidding documents.

3. General Requirements

a. Harmony Public Schools 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 and his staff must be adequately insured and bonded.

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

4. 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 HPS 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 solicitation/construction 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 HPS 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 renovation/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 schedule of values.

• 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 HPS 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 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 schedule of values.

• Submit all required proposal forms. If there is 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.

A proposer may be requested to submit written evidence verifying that he/she meets the minimum requirements described herein and as necessary to be determined a responsible proposer. Proposals deviating or taking exceptions to the solicitation requirements will 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.

5. 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 manually 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 bid forms.

b. A proposal shall be submitted so as to be received no later than the exact date/time through the HPS ebid system

c. Proposers must submit original scan copies (Blue Ink) to HPS ebid system.

6. Selection Criteria

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

Criteria Weight Table Criteria Criteria Weight 1 Price 60 2 Experience & Reputation 13 3 Quality 12 4 Financial Wherewithal & Company Size 5 5 Proposed Personnel 5 6 Safety Record 5

TOTAL 100

7. 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) and Harmony Public Schools’ public works procurement policy, and the following terms and conditions of this procurement solicitation:

1. Contract Award. Award of a contract, if any, will be made to the proposer who submits the proposal that offers the best value for HPS, 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) HPS’ ranking evaluation. Tex. Gov’t Code § 2269.155(a). HPS must first attempt to negotiate a contract with the selected proposer.

HPS and its architect and/or engineer may discussed 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 HPS is unable to negotiate a satisfactory contract with the selected proposer, HPS 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).

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

3. Appropriated Funds. The purchase of services and/or products that arises from this solicitation is contingent upon the availability of appropriated funds. In addition to other termination rights contained in the resulting contract, if any, HPS shall have the right to terminate the resulting contract at the end of the current or each succeeding HPS fiscal year if funds are not appropriated by HPS’s governing board for the next fiscal year that would permit continuation of the resulting contract. If funds are withdrawn or do not become available, HPS 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 HPS or the contractor. Upon termination of the contract, HPS 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.

4. Insurance. Contractor must obtain and keep in effect during the term of the contract, insurance coverage in the below listed types and minimum amounts. As evidence of insurance coverage, Contractor must furnish to Harmony Public Schools certificate(s) of insurance with its proposal.

Type of Coverage Amount of Coverage

Liability insurance As detailed in Exhibit A

Workers Compensation & Employers Liability Insurance

As detailed in Exhibit B

Contractor must perform the duties and responsibilities pertaining to required workers’ compensation coverages, as detailed in Exhibit B.

Contractor shall provide HPS 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 HPS 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.

5. Payment Bond. The successful contractor, before beginning the work under any contract resulting from this procurement solicitation, is required to execute a payment bond satisfying the requirements of Subchapter I, Chapter 53, Texas Property Code, including:

1. be in a penal sum at least equal to the total of the original contract amount;

2. be in favor of HPS;

3. have the written approval of HPS endorsed on it;

4. be executed by:

(A) the original contractor as principal; and

(B) a corporate surety authorized and admitted to do business in Texas and licensed by Texas to execute bonds as surety, subject to Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code);

5. be conditioned on prompt payment for all labor, subcontracts, materials, specially fabricated materials, and normal and usual extras not exceeding 15 percent of the contract price; and

6. clearly and prominently display on the bond or on an attachment to the bond:

(A) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or

(B) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. See Tex. Prop. Code § 53.202.

Recording Requirement. The successful contractor is required to file the bond and the contract between the contractor and HPS with the county clerk of the county in which is located all or part of HPS's property on which the construction or repair is being performed or is to be performed. A memorandum of the contract or a copy of the contract may be substituted for the original. Tex. Prop. Code § 53.203(a). The plans, specifications, and general conditions of the contract are not required to be filed. Tex.

Prop. Code § 53.203(b).

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

6. Performance Bond. The successful contractor, before beginning the work under any contract resulting from this procurement solicitation, is required to execute a performance bond satisfying the requirements of Chapter 2253, Texas Government Code.

1. be in the amount of the contract;

2. be conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents;

3. be executed by a corporate surety in accordance with Texas Insurance Code

7.19-1;

4. be payable to and its form be approved by HPS;

5. clearly and prominently display on the bond or on an attachment to the bond:

(A) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or

(B) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number

The performance bond is solely for the protection of HPS.

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.

7. Prevailing Wage Rates. A worker, laborer, or mechanic employed on a public work by or on behalf of HPS 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 HPS 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 C are the prevailing wage rates adopted by the HPS Board.

The contractor who is awarded a public works contract by HPS or a subcontractor of the contractor shall pay not less than the prevailing wage rates determined by HPS 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 HPS, $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;

HPS shall specify this penalty in the public works contract.

Obligation to keep Prevailing Wage Rates Records. A contractor and subcontractor employed on a HPS 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 HPS’ officers and agents. Tex. Gov’t Code § 2258.024.

8. 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.

9. Safety Record of Proposer. HPS 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.

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.

10. Accessibility. Alterations of HPS facilities that affect or could affect their usability shall, to the maximum extent feasible, be altered in such manner that the altered portion is readily accessible to and usable by individuals with disabilities. 28 C.F.R.

35.151, 34 C.F.R. 104.23.

11. Payments; Retainage. HPS’ payment of the contract sum to a contractor on a HPS public works contract shall be made no later than 30 days after final completion of the work, upon presentation of a written detailed invoice by contractor in an amount not to exceed the amount of the proposal, bid, or quote, unless subsequently amended upon written agreement of contractor and HPS. Final payment shall be conditioned upon contractor’s completion of all punch-list work, contractor’s submission of all required close-out documents, and HPS’ receipt of final lien releases from contractor, its subcontractors and suppliers, conditioned only upon receipt of final payment in the form required by Texas Property Code Chapter 53.

At HPS’ sole election, HPS may make monthly progress payments to contractor, within 30 days of HPS’ receipt of a detailed written application for payment/invoice from contractor. Payment applications shall be accompanied by a schedule of values showing progress of the work.

On all public works contracts valued at $100,000 or more, HPS shall withhold retainage in the amount of 5% (five percent) from each monthly progress payment. If the total contract price estimate at the time of execution of the public works contract is $400,000 or more, HPS shall:

(1) deposit in an interest-bearing account the retainage of a public works contract that provides for retainage of more than five percent of the periodic contract payment; and

(2) pay the interest earned on the retainage to the prime contractor on completion of the contract.

See Tex. Gov’t Code § 2252.032-.033.

Final payment to the contractor, including release of retainage, shall be made no later than 30 days after final completion of the work, upon presentation of a written detailed invoice by contractor. If progress payments are made, final payment is subject to the terms of this Section.

12. Conflict of Interest. HPS 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 HPS or who seeks to do business with HPS 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 HPS or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

b. If the vendor has given a local government officer of HPS, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (i) a political contribution as defined by Title 15 of the Election Code; or (ii) a gift of food accepted as a guest; or

c. If the vendor has a family relationship with a local government officer of HPS.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

“Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).

“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

• Members of HPS’ Board of Directors and Superintendent include:

Mr. Fatih Ay Dr. Oner Celepikay Mrs. Helen Sherwood Dr. Hakduran Koc Dr. Mehmet Argin Ms. Laura Gonzalez Ms. Kimberly D. House Dr. Simon Koch

• Current local government officers include, but are not limited to:

Mr. Umit Alpaslan Dr. Nihat Bayhan Dr. Edward Caglar

If no conflict of interest exists, you must fill out Box 1 and type N/A on Box 3 of the CIQ form, sign and date it.

In the event of changed circumstances, an updated CIQ must be filed within seven (7) business days after the vendor becomes aware a conflict of interest exists.

EDGAR Conflict of Interest Requirements In accordance with federal EDGAR requirements, 2 CFR § 200.318(c)(1), no employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of HPS may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Violations of this standard by an employee will be reported to the Superintendent’s Office and addressed through HPS’ personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through HPS Board policies

8. Proposal Format

All proposals must include the following:

1. Title Page

2. Table of Contents

3. Business Identification

4. Compliance with Specifications

5. Evidence to be used for evaluation/selection criteria (Refer to #6, above)

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

Documentation must be complete.

9. 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.

1. Proof of Insurance – certificates of insurance of the types and amounts described in this procurement solicitation, including in Exhibits A and B

2. Proof of licensing/credentials

3. 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

4. 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.

5. Attachment A – Certification of Proposer

6. Attachment B – Proposer Questionnaire and Qualification Statement

7. Attachment C – Price Form

8. Attachment D – Vendor Certification Forms

9. Attachment E – Asbestos-Free Materials and Inspection

10. Attachment F – Acknowledgement of Final Completion Documents

END OF SECTION 00 21 00

Exhibit A – Liability Insurance Requirements

The insurance coverage and limits listed below are the minimum requirements that the Contractor is required to carry during performance of the contract for the construction project for Harmony Science Academy – City Place – Elementary

1. Commercial General Liability for Bodily Injury / Property Damage Limits:

Occurrence / Personal Injury / Advertising / Products / Completed Operations $1,000,000 CSL Annual Aggregate $2,000,000 CSL Products Aggregate $2,000,000 CSL Fire, Lightning or Explosion $1,000,000 CSL Medical Expense $5,000 per Person

2. Automobile Liability:

Bodily Injury / Property Damage $1,000,000

3. Workers Compensation:

Part A - Statutory Part B - $1,000,000 Each Accident

$1,000,000 Policy Limits $1,000,000 Each Employee

4. Umbrella Liability Insurance

i. Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits.

ii. Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above.

iii. Amount of Insurance. Coverage shall be provided with a limit of not less than

$2,000,000.

iv. Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date.

The following endorsements and other stated information are required on the Policies of Insurance:

• 90-Day Notice of Cancellation

• HPS, Inc. to be added as an Additional Insured on all policies except the

Workers Compensation Policy

• Waiver of Subrogation on all policies

Within ten (10) business days of execution of a contract, the contractor shall submit certificate(s) of insurance and the applicable endorsements to

Luis De Hoyos, Construction Project Specialist Harmony Public Schools

9321 W Sam Houston Pkwy S, Houston, Texas 77099 which must conform to the above requirements. The contractor also must provide a copy of the insurance policies, if requested by HPS.

The failure to meet these requirements or to submit the certificate(s) of insurance and endorsements and the policy(ies) upon request shall be a material default under the resulting contract, if any.

NOTE: CSL denotes “Combined Single Limit”

Exhibit B – HPS’ Required Workers’ Compensation Insurance Coverages

HPS 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 C - Prevailing Wage Rates

Prevailing Wage Rate Determination Information

The following information is from Chapter 2258 Texas Government Code:

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.

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.

2258.05�. 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:

(1) take cognizance of complaints of all violations of this chapter committed in the execution of the contract; and

(2) 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.

I Classification I Hourly Rate I Asbestos Worker $15.42

Bricklayers; Masons $18.34

Carpenters/Caseworker $21.50

Carpet Layers/Floor Installers $20.03

Concrete Finishers

Data Comm I Telecom Installer

Drywall Installers; Ceiling Installers

$16.13

$23.50

$16.69

Electricians $22.44

Elevator Mechanics

Fire Proofing Installer

$30.00

$19.13

Glaziers $19.87

Heavy Equipment Operators $18.18

Insulators lronworkers

$16.16

$18.14

Laborers, General $11.81

Lather / Plasterer $18.03

Light Equipment Operators

Metal Building Assemblers

$15.21

$17.53

Millwrights $20.69

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