REQUEST FOR PROPOSALS. RFP # Workers' Compensation Insurance

Transcription

1 Laredo Independent School District Purchasing Department 1702 Houston Street, Rm. 101 Laredo, Texas Tel: Fax: REQUEST FOR PROPOSALS Laredo Independent School District invites you to submit a Proposal for: RFP # Workers' Compensation Insurance REFERENCE NUMBER RESPONSE MUST BE DELIVERED BY RESPONSE MUST BE DELIVERED TO ESTIMATED CONTRACT PERIOD PRE-PROPOSAL MEETING DISTRICT BUYER IN CHARGE OF PROPOSAL PROCUREMENT DIRECTOR RFP # July 31,2018 at 2:30 p.m. central standard time (Note: Without exception - Proposal must be time and date stamped by the Procurement Department. Timely physical delivery is at the risk of the respondent.) Laredo Independent School District Procurement Department 1702 Houston Street, Room 101 Laredo, Texas September 1, 2018 to August 31, 2019 with the possibility of extending contract for a second and third year. Subject to change based on approval timelines by the LISD Board of Trustees and annual evaluation review. N/A All questions regarding this proposal should be in writing and directed to Gaston Garcia, CTSBS, Buyer, at ggarcia3@laredoisd.org Hector M. Mejia '1 &-~ 1

2 LAREDO INDEPENDENT SCHOOL DISTRICT RFP # Workers Compensation Insurance I. PURPOSE: The Laredo Independent School District - LISD (herein after referred to as District) is soliciting Requests for Proposals (hereafter referred to as an RFP ) for Workers Compensation Insurance. II. BACKGROUND INFORMATION: The Laredo Independent School District (LISD) was established in LISD is a district sprawling more than 13 square miles. The Laredo Independent School District is made up of 33 educational institutions: 20 elementary schools, four middle schools, and four high schools including the new Early College High School located on the campus of Texas A&M International University, the Lara Academy our alternative education campus, a Non-Traditional high school, and three magnet schools. The three magnet schools are the Vidal M. Treviño School of Communications and Fine Arts, located across the street from Nixon High School, the Dr. Dennis D. Cantu Health Science School, located at Martin High School, and the Sabas Perez School for Engineering and Technology Education, located at Cigarroa High School. The district has a yearly average student enrollment of 24,000 and over 4,500 employees striving for academic excellence. At LISD, learning is the key to a bright and successful future. By setting high standards, the district plays a crucial role in preparing the students to meet the challenges and demands of today's high-tech and multicultural work place. III. SUBMISSION/SCOPE SPECIFICATIONS: Due Date: July 31, 2018 at 2:30 p.m. (CST) Request for Proposal No: Project Name: Workers Compensation Insurance The Board of Trustees for the Laredo Independent School District will accept sealed proposals on Request for Proposal No. # Workers Compensation Insurance as per attached specifications. Please address proposal to Laredo Independent School District Procurement Department to 1702 Houston Street, Room #101, Laredo, Texas Mark envelope on the outside: RFP # Workers Compensation Insurance. Proposals will be received until 2:30 p.m., July 31, 2018 at the Procurement Department, Room #101. All proposals will be stamped, with time and date received, at the time of delivery to the Procurement Department. Proposals will be considered late if received after the stated date and time at the Administration Building Conference Room # 101, 1702 Houston Street. Proposals will not be accepted and tabulated unless the vendor identification portion of the proposal form is completely filled in and is manually signed by authorized representative of the company. Proposals will be awarded at the next regular board meeting approximate date, August 16, The Board of Trustees, Laredo Independent School District, reserves the right to accept or reject any or all proposals and to waive any formalities and/or irregularities. A. INTRODUCTION The Laredo Independent School District (LISD) is seeking proposals for the district s Workers Compensation Insurance coverage for approximately 4,379current employees LISD is interested in receiving proposals from qualified carriers to underwrite the District s workers compensation program sponsored by LISD and offered to all LISD personnel. The Workers Compensation Insurance Program is to include all of the state of Texas minimum statutory required levels of coverage for all qualified employees who are injured while under the course and scope of work with LISD. The workers compensation insurance provider must submit evidence of ability to insure and service the group without undue requirements of the district s employees. 2

3 B. MINIIMUM PLANS OR PROPOSALS To meet minimum specifications of this proposal, vendors are required to submit the following: 1. A plan or proposal that is a first dollar Fully-Insured plan; 2. A plan or proposal that is first dollar Fully-Insured plan with a deductible 3. Self-Funded Once a vendor meets the above requirements as well as other requirements in this RFP the vendor may propose any other alternate plan(s). C. TERMS The preferred terms for which proposals are being requested are for a three (3) year fixed price contract, effective 9/1/18-8/31/19, with the district s option to terminate the contract at the end of each anniversary date. The minimum terms for which proposals are being requested are for one (1) year fixed price contracts, effective 9/1/18-8/31/19, rates guaranteed for 12 months with an option to renew a 2 nd 9/1/19-8/31/20 and 3 rd 9/1/20-8/31/21) year based on mutual agreement and authorized by the district. Renewal rates must be received by the District at least 60 days prior to renewal date and must carry a minimum twelve (12) months rate guarantee for each year. Terms must include a cancellation clause of minimum 90 days written notice (by the carrier) of cancellation, non-renewal, and/or material change of contract language. D. ELIGIBITLY All employees while under the course and scope of their employment with Laredo Independent School District are eligible. E. SERVICES The Contractor shall demonstrate document, and attest of having the necessary capabilities to meet all terms and requirements of the RFP in its entirety including, but not limited to licensure, minimum liability insurance, local/state/federal compliance, operating locations, competent & professional staff, experience, expertise and financial stability to provide all of the applicable claim administration, safety & loss control, financial reporting, and all services inherent or associated with this type of insurance. It is preferred that the Contractor have strong customer service, bilingual capabilities, electronic/on-line capabilities, and school district experience. F. REPORTS The Contractor shall provide monthly, quarterly and annual reports of utilization to LISD which identify the number of claims, type of claims, status of claims, cost of claims, utilization cost, earned premium, loss ratios, trend analysis, case reviews, recommendations, etc..., as well as any other customized reports deemed necessary by the district. Experience reports must be timely (monthly) and should include electronic methods for communication and/or transfer of data. 3

4 G. OTHER CONDITIONS & REQUIREMENTS Contractor must meet all of the conditions and requirements as set forth in the Request for Proposal in its entirety. Failure to comply with any of the requirements and conditions or to satisfy any of the compliance or servicing criteria will result in disqualification. Highlights of these conditions and/or requirements include, but are not limited to: 1. Provide terms for a Fully-Insured plan. 2. Complete and provide, for each plan, the appropriate proposal response forms or requested Information, if applicable, including those listed in the General Conditions, Scope of Work Description, Selection Process, District Profile, and RFP Response: Forms B. 3. Provide a brief biography describing experience, qualifications, certifications, and references. 4. Provide proof of being licensed by the State of Texas. 5. Provide documentation of financial stability (A.M. Best rating or equivalent & financial statements for insurance carrier and/or Pool. 6. Provide applicable documentation via certificates of insurance of required coverage for Workers Compensation insurance (statutory limits), General Liability and/or Professional Liability insurance with minimum limits of ($2,000,000) and effective dates before, on, and during time services will be in effect. When/where applicable, the district needs to be named as additional insured and the insurance coverage(s) needs to be maintained up to date and in effect during the complete term(s) of the service agreement. 7. Submit as part of the proposal a complete specimen copy of a contract and/or any miscellaneous forms requiring authorization by LISD to which LISD will be a party to, if the district accepts the proposal. 8. Terms must include a cancellation clause of minimum 90 days written notice (by the carrier) of cancellation, non-renewal, and/or material change of contract language. 9. All proposals must be clearly identified and explained including coverage and exclusions of coverage. All costs, including service work, alternatives, and optional programs to be provided by the provider must be clearly stated and summarized. Exceptions or deviations from the specifications must be explicitly identified and explained. Any deviations from these specifications must be stated in detail with complete reference to the proposal specification provision from which the deviation is being made. 10. Provide insurance coverage binder before or on date coverage is in effect as well as actual insurance policies to the district before or within 30 days of inception. H. SELF-INSURANCE POOLS AND COOPERATIVES - MANDANDATORY What is your pool rating, AM Best Rating, or S & P Rating? Is the pool reviewed annually by the Texas Department of Insurance (TDI)? Does TDI Insurer Insolvency Fund protect your pool? Is your pool reviewed and rated by an independent agency? Provide a copy of your excess insurance policy, disclosing aggregate limits for all members Provide a copy of your last two independent audited financial reports. Provide explanation and details about the pool s reinsurance program to include names of participating carriers and Shared Loss Fund Attachment points by line of insurance coverage. How can Pool members be assessed in the event of insolvency or insufficient contributions? 4

5 SELECTION PROCESS 1. One (1) original of the response proposals to the RFP are required to be timely submitted in order to facilitate and expedite the selection process. 2. Proposals will be reviewed and evaluated by the District via a process which will consider all factors as disclosed in item #8, evaluation criteria, of the general conditions. The review and evaluation process will encompass at least the following areas: A. Proposals will be reviewed in order to determine compliance with specifications. B. Proposed premiums will be reviewed for accuracy and appropriateness. C. The experience, reputation, financial strength, administrative capabilities, and other various factors will be given full consideration. D. All other factors provided in the proposal that will be considered as to the best interest and/or value to the District. 3. The field of competitors will be reduced to those carriers which the District believes to have submitted the best proposal to the District. The decision will be made on the basis of the analysis described above and on the basis of any follow-up discussions and/or negotiations between the District and the Proposers. 4. Once the field has been narrowed, the District may enter into more extensive discussions and/or negotiations with one or more of the remaining competitors as deemed necessary. Upon completion of the review, evaluation, and negotiation process, a recommendation will be made to District officials for presentation to the District Board of Trustees who will make and/or authorize the final selection. 5. The District reserves the right to reject any and/or all proposals in order allow selection of the proposal which the District deems to be the best value, and to negotiate separately in a professional manner necessary to serve in the best interest of the District. While the low proposal will certainly be given full consideration, it will by no means be assured of being selected. 6. This Request for Proposal does not commit the District to pay any costs associated with the response preparation and/or submission for this proposal or to contract for any or all services. 5

6 DISTRICT PROFILE 1. Name: Laredo Independent School District 2. Address: 1702 Houston, Laredo, TX Telephone: (956) Type of Business: Public Schools Educational Entity 5. Superintendent: Dr. Sylvia G. Rios 6. School Board of Trustees: 7 Elected Officials (Single Member Districts) 7. Tax ID#: Number of Schools: 31(4 HS, 1 Alt. Sch., 1 Recovery HS, 1 Fine Arts HS, 4MS, 20 ES) 9. UIL Classification 29-5A and 29-6A 10. Accreditation: Texas Education Agency 11. Total Estimated Employees: 4,379 (3,727 FT & PT 652 Temp./Subs) (as of 05/17/18) 12. District Summary Financial Data (Laredo ISD 100 s General Fund): Budgeted Budgeted Net Change in Ending Fund Year Revenue Expenditures Fund Balance Balance ,673, ,002,964 (-1,670,737) 63,288, ,638, ,810,484 (-1,828,267) 67,380,329 6 Laredo ISD Claims History School year # of claims YTD Est. Claims Cost Premiums YTD Est. Loss Ratio $743,846 $1,096,559 68% $435,832 $1,134,492 38% $645,937 $1,109,260 58% $949,854 $899, % $904,657 56%

7 $504, ,810, ,873,925 (1,063,881) 66,441,730 * As of June 2018 Terms Description SIC Code Payroll 9/1/17-8/31/18 Clerical Office Employees 8810 $ 16,225,229 Schools: Professional Employees 8868 $ 131,256,362 Schools: All Other Employees 9101 $ 20,716,305 $ 168,197,896 9/1/16 8/31/17 Clerical Office Employees 8810 $ 16,154,742 Schools: Professional Employees 8868 $131,987,785 Schools: All Other Employees 9101 $ 20,800,360 $168,942,887 9/1/15 8/31/16 Clerical Office Employees 8810 $ 16,226,789 Schools: Professional Employees 8868 $129,829,197 Schools: All Other Employees 9101 $ 20,048,908 $166,104,894 9/1/14 8/31/15 Clerical Office Employees 8810 $ 16,323,852 Schools: Professional Employees 8868 $123,986,562 Schools: All Other Employees 9101 $ 16,926,627 $157,237,041 7

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9 RFP RESPONSE FORM B-1: FULLY INSURED PLAN PROPOSAL PREMIUM COMPUTATION Proposal Plan Name or ID#: Proposal Payroll Factors: SIC Est Rate Per Proposed $ Description Code #Emp. Est. $ Payroll $100 Estimated Premium Clerical Office Employees $ 15,791,785 Schools: Professional Employees ,131 $133,776,740 Schools: All Other Emps. & Drvrs ,024 $ 21,658,441 Total 4,379 $171,226,966 Sub-Total $ Misc. Debits/Credits (+/-): Increased Limits Factor Subrogation Waiver Deductible Experience Modifier (Rate: ) Schedule Credit (Rate: ) Fund Factor (Rate: ) Premium Discount Loss Constant Small Employer s Incentive Maritime Premium Maintenance Tax Other: Sub-Total Estimated Proposed Premium $ Broker Fees, Agent Fees, and/or Commissions $ Total Estimated Proposed Premium* $ Name & Address of Insurance Carrier: 9

10 RFP RESPONSE FORM B: QUESTIONNAIRE Answers to the general questions included in this section should be detailed enough to satisfactorily explain your company's position on each particular item on which a question is based. It is your responsibility to respond to these questions in such a way that the LISD will have a full and complete understanding of your intent. In many instances, the answers to these questions will be the basis for interpretation of various aspects of the agreement between the LISD and the Carrier selected to underwrite the Program. It is important that you carefully define any key words or phrases used in answering these questions. 1. Name, address, and telephone number of agent, firm and/or carrier making proposal. 2. Type of company (corporation, partnership, etc.). 3. Provide brief background or history of the firm including experience related to the administration of Workers Compensation Programs. 4. Identify and describe the type of Workers Compensation Insurance being proposed and the governing structure of the program. Provide an organizational chart identifying the personnel who will be responsible for the administration and management of the Program. Does the program have its own staff, or are services provided by a broker or TPA. Does the program have legal counsel? Please list all providers associated with the program and their affiliation. Provide the name, address and telephone number of your representative in Laredo. 5. Please provide most recent audited financial statement of proposed carrier or Pool. 6. Please provide proof via certificates of insurance of your compliance with insurance RFP insurance requirements. Please include carrier name, terms, and insurance limit amounts information. The District requires that it be listed as additional insured. Please confirm whether the District will be included as an additional insured. If not, explain why. 7. Provide the names and telephone numbers of organizations which are or have been clients of your company provided Workers Compensation insurance services. Include as many school districts as possible. LISD is particularly interested in clients located in Texas. 8. Enumerate and describe each deviation between your proposal and the RFP specifications. You must specifically identify each deviation for it to be considered. References to your contract will not be considered as satisfactory identification of a deviation. LISD will interpret your proposal to match the specifications except for deviations specifically noted and described in response to this item. 9. Please describe the applicable renewal and termination process (include time frame and procedures). 10. For what terms are your rates guaranteed? 11. The district requires loss run reports on a monthly basis. What standard reports will be provided to the district? How often will these reports be provided? How soon after the close of the reporting period will the district receive these reports? Do you have on-line or electronic capabilities? Please confirm that any charges for these reports are included in the proposed rates. Please submit samples 12. Describe the reporting capabilities. Do you have on-line capabilities? Provide samples of utilization and cost containment reports available. How often these reports are prepared and/or made available? 13. Upon termination of the contract, what is the procedure for submitting incurred but unpaid claims? 14. Please confirm that there will be a toll-free number available for the members to contact the claims office? What is the number? Is this line available 24 hours a day? 10

11 15. Explain in detail your claims procedures. This response should include the following: a. From what office location will the actual claim be managed and settled b. Describe the size and composition of the staff that you will assign to the processing of LISD claims. c. Do you assign a dedicated claims processor? d. Describe the hiring and training practices with respect to claims examiners, processors and data entry operators. e. Describe the claims processing systems utilized in processing claims. How long has this system been operational? 17. Describe any procedures that you have established with providers designed to expedite the processing of claims or utilization reports, e.g. electronic claims submission, etc. Also, describe any arrangements which you have with providers that are designed to reduce or eliminate the participant's responsibility for claims submission? 18. How do you detect overcharges, unnecessary or extensive hospital confinement, loss time, treatment, or other provider abuses? What procedures do you use to detect employee and provider fraud? How do you detect overcharges, unnecessary/extensive hospital confinements or medical treatment? 19. Provide a detailed description of the utilization review process that you intend to apply to the Program. 20. Describe your procedures for handling appeals of denied or disputed claims. 21. Describe what quality assurance procedures you currently have in place to ensure accuracy of payments, eligibility, appropriateness of treatment versus diagnosis, medical necessity, functional assessments, return to work, coordination of benefits and subrogation recovery. 22. Will your administrative procedures allow for subrogation of third-party reimbursement? 23. Attach a description of the claims management and engineering & loss control services provided. 24. Describe any charges for the use of these services. 25. Indicate the frequency of loss control services by the loss control representative. 26. Does the program have its own loss control staff or are services provided by a broker or TPA? If provided by broker or TPA, include name, address, biography & financial data. 27. Describe the risk management materials or resources that will be provided. Indicate charges, if any. 28. Describe the education, training, facility audits and claims review provided. Indicate charges, if any. 29. Describe any changes in the manner in which the claims will be handled (and any associated fees) should the district elect to change carriers. Will you continue to administer open claims that were incurred prior to termination? If so, is there a charge for this service and how much does it cost? 30. Does the program provide a TDI/DWC approved/certified representative? 31. Will all the required workers compensation postings be provided for all the district facilities? 32. Provide the name & address of the CPA firm that prepares the program s annual financial audit. 33. Please explain the program s underwriting philosophy. Does the program fund and reserve for ultimate claim cost? If not, please explain. 11

12 34. Please indicate the times, if any, where changes associated with the contributions, premiums, rates or fees quoted in the proposal occur. Can the contributions, premiums, rates or fees change mid-year or midcontract? How will these changes be communicated? 35. Describe in detail any assessment provisions. Can the district be retroactively assessed for any claims incurred by another program participant? 36. Please indicate how the district will be billed for the premium? Can arrangements be made for quarterly payments? 37. Please indicate the name and address of the excess stop-loss carrier or re-insurer for your program. At what level of liability are these utilized? 38. List the carrier s or Pool s financial ratings, source, and documentation associated with these ratings. If not rated, please explain why. 39. Indicate the terms and limits of the program s excess stop-loss coverage. 40. Is the proposed program and/or carrier protected under the Texas Department of Insurance (TDI) or Texas Property and Casualty Insurance Guaranty Association (TPCIGA)? In case of impairment or insolvency, explain the process of what happens under the proposed program including liability and claims management responsibilities, limits, and cost for both the carrier and the district 12

13 REQUEST FOR PROPOSAL (RFP) SUBMITTAL INSTRUCTIONS Vendors will be required to submit one (1) original of their Proposal statement. Responses must be typewritten on the company s letterhead and placed in three ring binders with tabs as follows: Tab I Vendor will: a. Provide sections G and H on page 4. b. Provide price proposal list on pages 8. c. Provide questionnaire on pages 9, 10 and 11. Tab II Required documents: a. Vendor must submit vendor packet located on District website at: This is the only vendor packet that will be accepted with the Required Documents under Tab 2; failure to do so will result in disqualification of the proposal. b. Vendor must enclose Submittal Checklist Form on page 13 of this RFP. OTHER INFORMATION a. Proposals received via phone, facsimile, or other medium will not be accepted or considered. b. Proposals must be received and date stamped on or before the time and date stated above. c. The District reserves the right to reject any or all Proposals received and to award a contract only upon availability of funding. ATTACHMENTS 1. Loss Run Report Loss Run Report Loss Run Report Loss Run Report Loss Run Report Claims over 25, Number of Employees by Location ESTIMATED TIME SCHEDULE a. 1st advertisement July 14, 2018; b. 2nd advertisement July 15, 2018; c. RFP deadline on July 31, 2018@ 2:30 p.m. (Central Standard Time); d. Evaluation committee recommendation presented at Business & Support Services Committee Meeting on August 9, 2018; e. Recommendation presented for Board approval on August 16,

14 LAREDO INDEPENDENT SCHOOL DISTRICT 1702 Houston Street, Laredo, Texas Submittal Checklist Proposers are encouraged to complete and return this checklist and the required documents as a part of their response submittal. Failure to return any of the required documents may subject your proposal to disqualification. Indicate your responses under column Proposer Use Only. RFP # Workers Compensation Insurance Vendor: Item Description 1. Is all information in Tab 1 included with your response? 2. Is all information in Tab 2 included with your response? Proposer Use Only Laredo ISD Use Only Yes No N/a Yes No N/a ACKNOWLEDGMENT OF RECEIPT OF ADDENDUM (If applicable) Addendum No.: Date: Addendum No.: Date: Signature of Authorized Representative _ Date Print Name and Title Organization Name For District Procurement Department Use Only Vendor: The purpose of this preliminary evaluation is to determine whether this Proposal Statement will proceed to the next step for consideration. [ ] YES Proceed for consideration Date: [ ] NO Decline for consideration Date: Reason(s) for declining: ( ) Missed timeline (Date and time received: ) Other: Procurement Director Initials: Date: (* Director review and initials required when declined for other reasons.) Date Notice of Non-Award mailed to Proposer: Buyer s Initials: 14

15 IV. NEGOTIATION PROCEDURES LISD reserves the right to negotiate all elements which comprise the respondent s offer to ensure the best possible consideration and to reject any and all responses. The final funding amount and the provision of the contract will be determined through negotiations between LISD staff and the successful respondent. Please do not provide any services until you receive an approved purchase order. As per our policy, LISD shall have no obligation to pay for any services provided by you unless a purchase order is properly drawn and issued. V. GENERAL CONDITIONS 1. DETERMINING AWARD/EVALUATION OF PROPOSAL STATEMENT In conformance with Texas Education Code in determining to whom to award a contract, the District will consider: FACTORS WEIGHTS 1. Purchase Price 55 points 2. Reputation of the vendor and of the vendor s goods or services. 10 points 3. Quality of the vendor s goods or services 10 points 4. Extent to which the goods or services meet the District s needs 10 points 5. Vendor s past relationship with the District 5 points 6. Impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses N/A 7. Total long-term cost to the District to acquire the vendor s goods or services 5 points 8. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor s ultimate parent company or majority owner: 1. Has its principal place of business in this state, or 2. Employs at least 500 persons in this state Yes/No Yes/No 9. Any other relevant factor(s) specifically listed in these specifications: Customer Service 5 points Total 100 points Points for pricing services will be calculated as follows: a. Lowest price bid will receive the maximum points for price. b. All other vendors will be allotted points based on how close they are to the lowest price. c. This process will continue until all proposals are scored for price. Example: (Lowest Price/2 nd Lowest Price) X Assigned Points = Points Awarded (Lowest Price/3 rd Lowest Price) X Assigned Points = Points Awarded 2. SUBMISSION, MODIFICATION, AND WITHDRAWAL OF RFP a. Submission - All Proposal Statements, whether delivered by hand or mail, are due in sealed envelopes endorsed with RFP # no later than July 31, 2018 at 2:30 p.m. central time at the District s Procurement Department located at 1702 Houston Street, Room 101, Laredo, Texas Responses sent by overnight mail will have Proposal Statement number and name written on the delivery ticket. Proposal Statements must be signed by an authorized agent of the vendors that has authority to bind the vendors contractually. Please submit one (1) original of all required documents as listed on the Submittal Checklist. Proposal Statements may not be faxed or ed. Proposal Statement/Bids/Proposals delivered to the LISD central mail facilities or to LISD locations 15

16 other than 1702 Houston Street, Room 101, will not be considered received by the Procurement Office until they arrive at the Procurement Office Room 101. LISD will not be responsible for delays in delivery resulting from need to transport Proposal Statement/Bid/Proposals from another location or error or delay on the part of the carrier. You are responsible for keeping a copy for your own files. b. Modification - No response may be changed, amended, or modified, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. These modifications must be made by written or electronic notice in accordance with original submission terms. c. Withdrawal/Resubmission - A Proposal Statement may be withdrawn and resubmitted by written notice received by the District s Procurement Department prior to the exact hour and date specified on the Proposal Statement. A Proposal Statement may also be withdrawn in person by a vendor or an authorized representative, provided his/her identity is made known and he/she signs a receipt for the Proposal Statement, but only if the withdrawal is made prior to the exact hour and date set for the receipt of Proposal Statements. Resubmissions may be done in accordance with the original submission terms in paragraph a above. d. For the purposes of this RFP the words bid and Proposal Statement will be used in the same manner. They will both refer to a Request for Proposal Statement procurement document. 3. LATE PROPOSAL STATEMENT All bids delivered will be stamped with the date and time as proof they were received. For the purposes of this Proposal Statement, the date and time on the Dymo Datemark Stamper located at the Procurement Department will be the official time. If a quote is received after the stated date and time, it will still be stamped, but it will be considered late and not eligible for consideration. These proposals will be considered late and returned unopened. If a return address is not provided on the envelope, a late proposal will be opened for identification purposes only and returned to the address provided within. 4. TERM OF CONTRACT Unless otherwise noted, the preferred terms for which Proposal Statements are being requested is for one (1) year with the possibility of extending the contract for a second and third year depending on the District s annual evaluation results. Items are to be ordered on an as needed basis over the contract period and prices are to be firm for that period. If applicable, renewed contract price must be provided by the proposer and received by the District at least ninety (90) days prior to renewal date and must carry a minimum twelve (12) price guarantee for each year. 5. AWARD DATE It is anticipated that a recommendation for this bid will be submitted at the next regularly scheduled Board of Trustees meeting taking into consideration internal timelines for submission. 6. ALL OR SOME PROPOSAL STATEMENTS Proposers are not required to submit pricing for all services/projects in this proposal. The District reserves the right to award to more than one vendor. 7. OPENING OF PROPOSAL STATEMENT Proposal Statements will be publicly opened at the Procurement Department immediately after date and time Proposal Statements are due. Proposals will be opened at 3:00 p.m. on July 31, Only names of the proposers will be read aloud to the public. 8. APPLICABILITY These conditions are applicable and form a part of the contract document and are part of the terms and conditions of each purchase order (standard purchase terms and conditions) issued as a result of this Proposal Statement. The selected proposer will receive a Notice of Award with a contract that must be signed by the awarded proposer in accordance with specified timelines. If proposer has their own contract they are to provide a copy of that contract for evaluation and determination by the District legal counsel. 16

17 Any deviations to these general conditions and/or specifications will be conspicuously noted in writing by the Proposer and will be included with the Proposal Statement. 9. RESPONDENT S ACCEPTANCE OF EVALUATION METHODOLOGY Submission of a Proposal Statement indicates respondent s acceptance of the evaluation criteria and respondent s recognition that some subjective judgments must be made by the District during the evaluations. 10. PROPOSAL OF PROPOSER The District may make investigations deemed necessary to determine the Proposals and/or ability of the respondent to perform in accordance with the bid terms and conditions specified herein. The bidder will furnish to the District all such information as the District may request. The District reserves the right to reject any bid if the bidder fails to satisfy the District that such bidder is properly qualified to carry out the obligations of the contract. 11. DISQUALIFICATION OF PROPOSER Reasons that will disqualify Proposers will be disqualified and their responses not considered for any of the following reasons: a. Failure to submit Proposal Statement by required date and time b. Failure to submit required documents as specified on Submittal Checklist c. Failure to abide by Non-Collusion Statement as specified below d. Any pertinent information coming to the attention of the District resulting in material legal matters 12. DISQUALIFICATION OF PROPOSER - Reasons that may disqualify Proposers may be disqualified and their responses not considered for any of the following reasons: a. Reason for believing collusion exists among bidders b. Reasonable grounds for believing that any bidders have interest in more than one Proposal Statement or bid wherein there may be a conflict of interest c. The bidder being interested in any litigation against the Board d. The bidder being in arrears on any existing contract or having defaulted on a previous contract e. Failure to demonstrate competency as revealed by any required financial statement, experience or equipment questionnaire, or omission or falsification of required Proposal Statement submittals on this or prior procurements, etc. f. Failure to demonstrate financial ability to fund the projects on an interim basis as revealed by a financial statement, financial records, bank references, etc. g. Current or uncompleted work, which, in the judgment of the District, will prevent or hinder the timely completion of additional work, if awarded h. Failure to comply with applicable laws relevant to Public Works contracts i. Other information or circumstances which establish reasonable grounds for belief that the bidder or proposer is not a responsible bidder or responsible proposer j. Proposer that is indebted to the school district 13. MODIFICATION OR WITHDRAWAL BY SUCCESSFUL PROPOSER Modifications or withdrawal of a bid by the successful bidder will be accepted only if the change is in the best interest of the District and executed in writing. 14. INSURANCE REQUIREMENTS No later than 10 days after contracted is awarded, vendors must submit insurance certificate in accordance with the general conditions. Proposer may be disqualified for not providing this required document. 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 (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project. 17

18 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. 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 will retain all required certificates of coverage for the duration of the project and for one year thereafter. The following are the types of coverage and acceptable limits that will be maintained: Worker s Compensation Insurance and Employer s Liability Part One Worker s Compensation Statutory Limits State Texas Part Two Employer s Liability Annual Limits Per Insured Bodily Injury by Accident $1,000,000 Each Accident Bodily Injury by Disease $1,000,000 Each Employee Bodily Injury by Disease $1,000,000 Policy Limit Limit Notes: This policy will cover operations of the LISD project for contractors/subcontractors of all tiers performing work in connection with project site(s). Commercial General Liability Annual Limits of Liability General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury Each Occurrence $1,000,000 Each Occurrence Limit $1,000,000 Medical Expense (any one person) $5,000 Builders Risk (Not Applicable to this RFP) Annual Limits of Liability Shared by all Insured Per occurrence and specified location $50,000,000 (Per occurrence) Deductible (To be paid by District) $5,000 All Risk Perils (Including flood and windstorm) LAREDO I.S.D. must be added as an additional insured for the Comprehensive Automobile Liability. 15. BONDS (PERFORMANCE AND PAYMENT) NOT REQUIRED FOR THIS RFP The contractor must provide a certificate of coverage to the District prior to being awarded the contract. Proposer may be disqualified for not providing this required document. In accordance with Government Code 2253, Public Work Performance and Payment Bonds, a governmental entity that makes a public works contract with a prime contractor will require the contractor, before beginning the work, to execute to the governmental entity: a. A performance bond if the contract is in excess of $100,000; and b. A payment bond is required for contracts in excess of $25, A bond required by this code must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56 th Legislature, Regular Session 1959 (Article , Vernon s Texas Insurance Code). A bond executed for a public work contract with the District, must be made payable to and its form must be approved by the District. In accordance with the applicable insurance code, the successful bidder will submit the required bonds when a contract is made and BEFORE the contractor begins work. 18

19 16. VENDOR BID PROTEST/APPEAL The vendors should submit a written protest detailing concerns to the procurement department. If any of the information is omitted or incomplete, the Procurement Director will immediately notify the protester in writing. The missing information must then be submitted to the Procurement Director within two business days, if the protest is to be further considered. The Procurement Director may give notice of the protest and its basis to other persons, including other bidders involved in or affected by the protest, and such other persons may be given an opportunity to submit their views and relevant information. Upon receipt of a written protest, the Procurement Director will convene a dispute panel consisting of the following: a. Contract Manager of product or service. b. Two District Administrators that do not report to the Contract Manager or his supervisor. c. Chief Financial Officer. The panel will issue a decision in writing within ten business days of receiving the protest. If the CFO participated in the evaluation committee or has a conflict of interest in the matter, the Superintendent will designate an alternate individual to participate in the dispute panel. A deadline for appealing the decision will be provided in the notice. A copy of the decision will be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the protester and any other interested parties. The decision will be considered final and conclusive unless a written appeal is delivered to the Superintendent within three business days from receipt of the decision. If appealed to the Superintendent, he/she may base his/her decision on documents already submitted as part of the protest process and/or may request additional documentation. The subsequent decision made by the Superintendent or his designee will be issued within seven business days and will be final and conclusive. When a protest has been timely filed with the Procurement Director before contract award, the District will not make an award until the appeals process is concluded. However, if the District determines that the items or equipment are urgently required, and/or delayed delivery will hinder student performance/safety, and/or failure to make prompt award will otherwise cause undue harm to the interest of the District, will grant a full or partial award while the protest is being processed. Failure to comply with these protest procedures will render protest untimely and/or inadequate and will result in rejection by the District. Compliance with these protest procedures will be a condition precedent to commencement of litigation on the protest issues. The timelines outlined above may be extended by the District, if needed. Bidders must submit a written request to the District if an extension is desired. The District reserves the right to accept or reject requests for extension of the protest period. 17. WARRANTY Warranty conditions for all supplies and/or equipment will be considered manufacturer s minimum standard warranty unless otherwise agreed to in writing. The District does not waive or limit any warranties, either expressed or implied, as to any services, products or goods made the subject of this bid. Failure to provide such information may be cause for rejection of the bid. 18. EXPRESSED WARRANTIES Implies wear of merchantability and implied warranty of fittings for a particular purpose will apply to all purchases initiated by this document. The bidder will assume all liabilities incurred within the scope of consequential damages and incidental exposures as set forth in the Uniform Commercial Code (as adopted 19

20 in the State of Texas) which result from either delivery or use of product which does not meet specifications within this document. The warranty conditions as stated herein will be approximate and will not be nullified, voided or altered in any way by the inclusion of the bidder preprinted forms with this document. 19. F.O.B DESTINATION Bids/Proposal Statements must be submitted on a F.O.B. Destination basis with freight prepaid. Freight is to be assumed by the bidder. No additional charges will be accepted. Possessions of goods will not pass to the District until received at the District s receiving dock. 20. DELIVERY Delivery personnel must provide a current, valid company picture identification card when making deliveries to the District. Deliveries required in this Proposal Statement will be freight prepaid F.O.B. destination and bid price will include all freight and delivery charges. No delivery, no sale. 21. DISTRICT RESERVES THE RIGHT OF THE FOLLOWING: a. Right of Award - The District reserves the right to award as is in its best interest and may therefore chose items from different vendors. The District may negotiate with the top three proposers. A written Notice of Award letter will be sent to the awarded vendors(s). The District may either enter into a contract with the vendors(s) or the award letter followed by a purchase order to the successful bidder(s) may result in a binding contract without further action by either part. b. Right to Reject Proposal Statements - The District reserves the right to reject any and all Proposal Statements, waive all irregularities, and to choose the most advantageous price for each item. c. Right to Hold Proposal Statements - The District reserves the right to hold Proposal Statements for 60 days before awarding the contract. d. Right to Amend RFP - The District reserves the right to amend the RFP prior to bid opening date. The District may also consider and accept an alternate Proposal Statement as provided herein when most advantageous to District. e. Right of Negotiations The District reserves the right to conduct discussions and negotiate final scope and price. 22. LIST PRICE OR DISCOUNT PERCENT For list price Proposal Statements, the price will be fixed for the entire contract period. For discounts percentages, the discount percent will be applied on a fixed per-unit price. The fixed per-unit price will be fixed for a specified period of time, at least quarterly. The discount percentages will be for the contract period specified. If the per-unit price will fluctuate at the quarterly intervals, proposer must disclose the maximum increases being proposed. 23. ALTERNATE PRODUCTS AND METHODS/SUBSTITUTIONS The showing or mentioning in these specifications of certain trade products and methods is done partly for the purpose of establishing a standard of quality. The mentioning of trade names does not imply that the mentioned products are the only ones that will receive approval or consideration. Please submit name of product of each item proposed. Substitutions from the brand(s) proposed will not be accepted unless approved in writing by the Purchasing Director. Samples of possible substitution items may be requested at that time. 24. AVAILABILITY OF FUNDS All awards are subject to approval upon availability of funds. In the event funds do not become available, the contract may be terminated with a written notice. 25. SALES TAX EXEMPTION The District qualifies for exemption of the Texas limited sales, exercise and use sales tax will not be charged on these purchases. 20

21 26. REBATES/PROMOTION ITEMS If a rebate is offered by the manufacturer of a Proposal Statement item(s) after Proposal Statement is awarded, the successful proposers will advise the District and deduct the rebate from the Proposal Statement price. If a special promotion is offered by the vendors, the vendors must clearly disclose the criteria for earning the promotion. All promotions will be coordinated with the Procurement Department directly. 27. INSPECTION OF BID ITEM(S) The bid item(s) will be inspected upon arrival. All defects will be repaired or replaced at the expense of the successful proposer. 28. TERMINATION BY DISTRICT For Cause - The District will have the right to cancel or default all or part of the undelivered portion of the order if the contractor breaches any of the terms hereof, including warranties, or if the contractor becomes insolvent or commits acts of bankruptcy. Other factors will include service performance. Without Cause - The District, in accordance with this provision, may terminate the performance under this order in whole or in part. Termination hereunder will be effected by the delivery to the contractor or a Notice of Termination specifying the extent to which performance of work under the order in terminated and the date upon which such termination becomes effective. 29. CERTIFICATION OF PAYMENT Payment by the District will be made in accordance with the terms of the contract and purchase order. No assignment of payment will be allowed. 30. UNIFORM COMMERCIAL CODE All contracts and agreements between vendors and the District will strictly adhere to the statutes as set forth in the Uniform Commercial Codes as last amended by the American Law Institute and the National Conference of Commissioners on Uniform State Law. 31. PUBLIC WORKS CONTRACTS a. The contractor will comply with all laws, rules, regulations, and ordinances of the State of Texas, the County of Webb, and the City of Laredo relating to the employment of Labor and the performance of public works contract, and the contractor will comply with all requirements of the Laredo Independent School District regulating or applying to the performance of public improvement contracts. b. The contractor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational Proposal) or race, color, religion, national origin, or ancestry. The contractor further agrees that every subcontract entered into for the performance of this agreement will contain a provision requiring non-discrimination in employment herein specified, building upon each subcontractor. Breach of this covenant may be regarded as a material breach of the agreement. c. When applicable, the contractor will procure and maintain during the life of this Workers Compensation Insurance in accordance with the Workers Compensation Act of the State of Texas, adequately protecting all labor employed by the Contractor during the life of this agreement and will provide evidence to the Laredo Independent School District that such insurance is, in fact, in force. All Certificates of Insurance will be forwarded to the Laredo Independent School District. d. When applicable, the contractor will comply with OSHA safety rules and any other safety guidelines and standards as required by the Laredo Independent School District. 21