2-2. RFQ 26-023C Design Build Steele Light Pole Replacements Final.pdf

REQUEST FOR QUALIFICATIONS

FOR

DESIGN-BUILD SERVICES:

Byron P. Steele II High School Light Pole Replacements Solicitation # 26-023C

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

July 7, 2026

The Schertz-Cibolo-Universal City Independent School District (SCUC ISD) is accepting qualification-based proposals, via a two-step method to provide Design-Build Services in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation. Resulting contract will include turnkey services for the assessment, design, demolition, replacement, and installation of Site Light Poles at Bryon P. Steele II High School. This solicitation will be conducted pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter F.

ADDENDA TO RFQ. SCUC ISD reserves the right to revise and amend the specifications prior to the date set for the receipt of proposals. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission, or other error(s) in the RFQ in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFQ. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://scucisd.bonfirehub.com/ to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUC ISD Purchasing & Supply Department Attn: Terri Canal, CPPB, CTSBO

1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

Email: tcanal@scucisd.org https://scucisd.bonfirehub.com/ mailto:tcanal@scucisd.org

Schertz-Cibolo-Universal City ISD Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

EXHIBIT A – LIGHT POLE LOCATIONS

Call to Action

Through high quality and student-centered learning experiences, students will leave SCUC confident, empowered, and prepared with the skills to pursue their individual passions.

Values

Leadership, Character, Commitment, Service, Learning

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

SECTION 1 - INSTRUCTIONS

1. PROPOSAL SUBMISSION: To be considered, the proposal must be prepared in the manner and detail specified in this proposal.

a. This Request for Qualifications (RFQ) is phase one in a two-step qualification-based selection process.

Cost or price-related evaluation factors will not be included in in the evaluation of phase one. At the conclusion of phase one (RFQ), a number of qualified respondents shall be selected to be evaluated based on their Cost Submittal (Step-2 Only). The cost submittal will remain sealed and only be opened if shortlisted for Step 2 of the solicitation.

b. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of the RFQ. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

c. All Proposers must provide one physical original copy of their proposal with an electronic copy provided on a flash drive.

d. PRE-PROPOSAL MEETING: A non-mandatory Pre-Proposal Conference will be held at 1:00 pm on Monday, June 16, 2026, at the Byron P. Steele II High School Football Stadium, located at 1300 FM 1103, Cibolo, Texas 78108. Enter through the Stadium Entrance.

e. PROPOSAL GUARANTEE: Not Applicable

f. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically through the District Online Bidding Platform until Tuesday, July 7, 2026, 2:00 PM, local time. All required proposal documents may be downloaded from the Euna Procurement online Bidding platform, https://scucisd.bonfirehub.com/.

g. Submissions that are sent via facsimile or e-mail will not be considered.

h. Proposal submissions received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

i. The Schertz-Cibolo-Universal City Independent School District will not be bound to accept the lowest or any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals, to negotiate portions thereof, and to waive any minor informality.

j. All costs incurred in the preparation and submission of the RFQ response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, provide samples and/or technical literature, or participate in any interview process as related to this solicitation, all costs shall be borne by the Vendor.

k. Any Proposals submitted in response to this Request for Proposal will become irrevocable upon the closing time and remain open for acceptance for ninety (90) days from the closing date whether or not another RFQ has been accepted.

l. Receipt of any Addenda must be acknowledged by signing in the space provided on Attachment A Proposal Form in the required forms packet.

m. SCUC ISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions – Central Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

n. SUBMISSION OF A PROPOSAL shall be construed to mean that the Vendor agrees to carry out all the conditions set forth in this document. Any proposed variation from the specifications, terms and conditions shall be clearly identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment B. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

o. FORM OF CONTRACT: A Vendor's signature on the response to this RFQ and the district's acceptance of that Proposal should constitute an adequate set of terms and conditions for the performance of the required services. However, if a vendor expects the District to sign a separate service agreement, a copy of that document must be provided along with RFQ response for evaluation.

p. The Required Solicitation Forms provided must be used. Failure to follow these instructions may cause a proposal to be deemed non-responsive and the proposal rejected. The above information must be clear and concise.

q. The District reserves the right to select any offer it deems the best value, regardless of price.

2. RFQ CLARIFICATION: Questions regarding this RFQ should be submitted via https://scucisd.bonfirehub.com/.

Answers citing the question will be distributed simultaneously to all known prospective offerors through Euna Bonfire. Oral answers provided by SCUC ISD or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

DEADLINE FOR QUESTIONS: Questions regarding this RFQ must be submitted in writing via Euna Bonfire at https://scucisd.bonfirehub.com/ on or before 4:00 pm, June 23, 2026.

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFQ. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFQ. By submitting a Response, you are presumed to concur with all terms, conditions, and specifications of this RFQ. Any exception must be clearly defined and referenced in the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for the award.

4. COMPLETENESS: The proposal shall be completed in all respects as indicated. The proposal may be rejected if it is conditional or incomplete, or if it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: A proposal that contains false or misleading statements, or which provides references that do not support an attribute or capability of the proposed system or service, may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the Proposal and the attribute, condition, or capability as a requirement of the RFQ, the Proposal shall be rejected.

6. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms that sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

7. AWARD: SCUC ISD will award to the contractor(s) who present the greatest value, in our view, to SCUC ISD from the standpoint of suitability to purpose, quality, service, previous experience, price (Step-two only), ability to deliver, or for any other reason deemed by the District to be in the best interest of SCUC ISD. Thus, the result will not be determined by price alone but by the applicable criteria as listed under EVALUATION

CRITERIA.

8. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1) the provisions of the Contract (as it may be amended);

2) the provisions of the RFQ (as it may be supplemented).

3) the provisions of the Contractors Response (as it may be clarified);

9. CONTRACT PERIOD: The District intends to award a contract to begin August 2026. The contract term shall be for the duration of the construction project, subject to terms, conditions, favorable prices, and mutual agreement outlined in this solicitation, the AIA 141-2024 document.

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

10. SCHEDULE OF EVENTS

Following is a list of projected dates/times with respect to this RFQ.

RFQ Release Date June 9, 2026 Pre-Bid Conference June 16, 2026, 1:00 pm Final Questions Accepted June 23, 2026, 4:00 pm Proposals Due July 7, 2026, 2:00 pm Tentative Board Approval July 23, 2026 Contract Begin Date August 2026

Design & Pre-Construction Schedule Of Events

2 Weeks SD July 29 – August 14, 2026

3 Weeks DD August 17 – September 4, 2026

1 Week Review September 7 – 11, 2026

2 Weeks CDs September 14 – October 2, 2026

3 Weeks Review/GMP Prep October 5 – 23, 2026

Board Action - Approval of GMP Amendment November 19, 2026

Permitting (3 months) October-December 2026

NTP Construction January 2027

Mobilize (6-Week Schedule) February 1, 2027

Substantial Completion March 19, 2027

END OF SECTION

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

OVERVIEW: Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter F, it is the intention of the SCUC Independent School District to select, via a Two-Step Method, Request for Qualifications (RFQ) a qualified firm to provide Design-Build Services for turnkey services that will include an assessment, design, demolition, replacement, and installation of Site Light Poles at Bryron P. Steele II High School located at 1300 FM 1103, Cibolo, Texas 78108, as described in the table below. For the purposes of this document, ‘SCUC ISD’ shall be referred to as the “Owner.”

Construction is contingent upon certain activities being completed within a SPECIFIC timeframe, which will permit the school to meet its contemplated schedule. If these activities are not completed when required, the District may not proceed with construction as anticipated in this RFQ.

Project

Construction Budget Including DB Fees

Construction to Start

Substantial Completion

Facility to Open

Steele High School Light Pole

Replacement

$1,600,000.00 January 2027 March 19, 2027 Spring 2028

TOTAL ESTIMATED VALUE: $1,600,000.00

This RFQ will be a two-step solicitation. 1st step - RFQ, 2nd Step – Cost proposals provided from short-listed proposals.

A. GENERAL INFORMATION:

1. SCUCISD serves the cities of Schertz, Cibolo, Universal City and rural areas of northeast Bexar

County as well as southwest Guadalupe County with its boundaries extending over a 73 square mile area.

2. The District currently has three (3) high schools, one (1) alternative education center, two (2) junior high schools, three (3) intermediate schools, and eight (8) elementary schools with instruction to approximately 14,800 students. Additionally, the District has two (2) administrative facilities dedicated to operations and professional development.

B. MINIMUM REQUIREMENTS:

Respondents must meet the minimum qualifications as listed below.

1. Firm must possess sufficient financial support, equipment, and organization to ensure that it can satisfactorily perform the services if awarded a Contract.

2. Respondent must have demonstrated relevant experience in each discipline for which it proposes to contract with the District. Respondent will be required to provide a minimum of three (3) listed projects for each proposed discipline.

3. Respondent must submit documentation demonstrating that Respondent is authorized to do business in the State of Texas by submitting its “certificate of status” issued by the Texas Secretary of State, or if a general partnership or sole proprietorship, its “assumed name certificate” issued by a Texas county, showing Respondent is authorized to do business in the State of Texas.

4. Respondent shall have no record of judgments, pending lawsuits against the District or criminal activities involving moral turpitude and not have any conflicts of interest that have not been waived by the District.

5. Neither Respondent nor any principal, officer, or stockholder of Respondent(s) shall be in arrears or in default of any debt or contract involving the District, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the District.

C. SCOPE OF SERVICES:

Schertz Cibolo Universal City Independent School District, TX, is seeking qualified firms to provide Design-Build services in support of providing turnkey services for the assessment, design, demolition, replacement, and installation of Site Light Poles at Steele High School in Cibolo, Texas. The selected firm shall secure any required services for the Project that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas Government Code (for example, registered professional land surveyors, professional architects and professional engineers using the qualifications based selection process prescribed by that Chapter). Each architect or engineer or professional services firm that is a member of a design build team must be selected in this manner.

Work includes:

• Preparation of design documents, including fixture specifications and photometric requirements, in compliance with applicable codes.

• Demolition and removal of existing light poles and pole bases as indicated on the site plan.

• Installation of thirteen (13) new pole bases and light poles with LED fixtures.

• Replacement of six (6) light fixtures on existing poles to remain with LED fixtures to match those installed on the new poles.

• Provision of all required electrical work, including connections, wiring, and system modifications necessary for a complete and operational lighting system.

• Restoration of all disturbed areas to equal or better condition.

• Testing, commissioning, and delivery of a fully functional lighting system, along with as-built documentation and warranties.

• Pole locations identified in “Exhibit A”.

1. SERVICES TO BE PROVIDED BY THE DESIGN-BUILDER: The Services to be provided will consist of design and construction services which will be more fully described in the draft Agreement that will be included in the RFP.

For purposes of the RFQ the services will generally consist of:

a) Design services including preparing and submitting intermediate design review packages and design quality assurance.

b) Preconstruction services (contractor input) consisting of constructability reviews, cost estimating and scheduling.

c) Permitting activities to secure the permits needed for design and construction that are the responsibility of the Design-Builder.

d) Construct the project through self-performance and use of subcontractors with responsibility for project safety, project controls, project quality control, subcontractor management, project site security and management, etc.

e) Project close out services and transition to Owner operations.

f) Warranty services.

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

2. INSPECTION AND CONSTRUCTION MATERIALS TESTING: The Design-Builder will be required to provide quality control services in accordance with the contract document, Independent of those Design- Builder services, and in accordance with Texas law, the Owner will provide or contract for inspection services, testing of construction material engineering and verification testing services necessary for acceptance of the Project. The Design-Builder will be required to provide management for coordination of these services.

3. SELF-PERFORMANCE OF CONSTRUCTION WORK: At this time, the Owner contemplates that self-perform will be allowed for the Project and there will be no limitation as to the amount of self-perform work the Design-Builder could undertake for the Project. Proposer shall indicate in its SOQ the Proposer’s intention to pursue self-perform Work for the Project. Proposer shall also indicate any DB Team Member’s intention to pursue work. This information should be included in Section 1 of the SOQ.

4. GUARANTEED MAXIMUM PRICE DEVELOPMENT (Step-2 Only): The Construction Manager at Risk shall develop a Guaranteed Maximum Price proposal that reflects full alignment between the project scope, design documents, and budget approved by Schertz Cibolo Universal City Independent School District, TX.

The Guaranteed Maximum Price shall be supported by a fully transparent open-book cost model.

Requirements for Guaranteed Maximum Price development include:

a. Base GMP on detailed quantity takeoffs and current market pricing.

b. Identify contingencies and allowances separately with defined usage protocols.

c. Provide reconciliation of GMP to previous estimates.

d. Conduct subcontractor procurement in compliance with Texas law with transparent bid results.

e. Itemize fees, general conditions, insurance, bonds, and soft costs.

f. Allow District audit rights for all cost records and contracts.

g. Negotiate subcontractor pricing to align with budget.

5. SUBCONTRACTOR AND WORKFORCE REQUIREMENTS: The Construction Manager at Risk shall demonstrate a commitment to engaging qualified subcontractors and suppliers from the local construction market serving Schertz, TX and the surrounding region. The firm shall conduct subcontractor outreach and bidding processes that provide equitable access to qualified firms and are consistent with the public procurement requirements applicable to Schertz Cibolo Universal City Independent School District, TX.

Workforce and subcontracting requirements include:

A. Competitive bid packages structured to maximize participation by local and regional subcontractors, with scope divisions that do not create artificial barriers to entry for smaller qualified firms.

B. Prevailing Wages. In accordance with Tex. Gov. Code Ch. 2258 (formerly V.A.T.S. Art. 5159a), Contractor and its subcontractors shall pay all workers not less than the general prevailing wages for work of a similar character in the locality of the jobsite, including overtime and holiday pay, if applicable. Any resulting Contract shall include the prevailing wage rates, as determined by the United States Department of Labor in accordance with the Davis-Bacon Act, and subsequent amendments, as the general prevailing rates of per diem wages for job classifications utilized on construction contracts for the District. The hourly rates for overtime work and legal holidays shall be one and one-half times the basic Davis-Bacon hourly wage rate.

6. INSURANCE REQUIREMENTS

Coverages. Successful Proposer shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurance. With the submission of the SOQ and as an attachment to the SOQ Transmittal Letter, Proposer will be required to submit a certificate (copy acceptable)

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements from Proposer’s insurance company stating Proposer’s ability to acquire and provide the required insurance for the Project.

1) Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided which shall contain minimum limits of One Million Dollars ($ 1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($ 1,000,000.00) per aggregate and must include:

a. Premises and/or operations

b. Independent Consultants

c. Products and/or completed operations for contracts

d. Broad form contractual coverage applicable to this specific Contract, including any hold harmless and/or indemnification Contract

e. Personal injury coverage with employee and contractual exclusions removed, with minimum limits of coverage equal to those required for bodily Injury liability and property damage liability.

2) Business Automobile Liability. Business Automobile Liability shall be provided with minimum limits of Five Hundred Dollars ($ 500,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Must include:

• Owned Vehicles, if applicable.

• Hired and Non-Owned Vehicles, if applicable.

3) Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with Texas Statutes, as may be amended from time to time. In addition, the policy(ies) must include: Statutory Limits, Employers Liability - $500,000 @ accident; $500,000 policy limit; $500,000 @ employee.

4) Professional Liability Insurance. Professional Liability shall be provided with minimum limits of One Million Dollars ($ 1,000,000) per occurrence and One Million Dollars ($ 1,000,000) per aggregate.

a) Such policy or policies shall be without any deductible amount unless otherwise noted in this

Contract and shall be issued by approved companies authorized to do business in the State of Texas, and having agents upon whom service of process may be made in Texas. Consultant shall pay all deductible amounts, if any. Consultant shall specifically protect District and the Board of Trustees by naming the Schertz-Cibolo-Universal City ISD as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage.

5) Subcontractor Default Insurance (SDI) Requirement. For projects where construction services are provided (e.g., Construction Manager at Risk or similar delivery methods), the selected firm shall be required to provide and maintain Subcontractor Default Insurance (SDI) as part of its overall risk mitigation strategy. The SDI program must remain in full force for the duration of each applicable project and shall provide coverage for subcontractor default, including costs associated with completion, correction of defective work, and other reasonably related expenses. Respondents must include within their qualifications:

• Evidence of the firm’s ability to procure and maintain SDI coverage

• A general description of coverage terms, including limits, deductibles, and claims processes

• Documentation of the firm’s subcontractor prequalification procedures and risk control measures

• A summary of prior experience utilizing SDI on comparable public sector projects

The District reserves the right to review, approve, or reject proposed SDI programs to ensure

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements compliance with District standards and applicable Texas law. Failure to demonstrate the capability to implement an acceptable SDI program when required may result in a determination that the response is not in the best interests of the District.

a) Consultant shall furnish to the District’s Contract Administrator Certificate of Insurance or endorsements evidencing the insurance coverage specified herein within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. Consultant’s failure to provide to District the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen

(15) calendar days shall provide the basis for the termination of the Contract.

b) Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Consultant is complete. All policies must be endorsed to provide District with at least thirty (30) days’ notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration.

c) District reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If the Consultant uses a sub- consultant, Consultant shall ensure that the sub-consultant names District as an additional insured.

7. Bonding Requirements. In accordance with Texas Government Code Chapter 2253 (Public Work Performance and Payment Bonds) and applicable provisions of Texas Education Code §44.031, the selected firm shall comply with all bonding requirements for public works projects.

For each project where construction services are performed:

• A Performance Bond shall be required for contracts exceeding $100,000

• A Payment Bond shall be required for contracts exceeding $25,000

All bonds shall be:

Issued by a surety authorized to do business in the State of Texas

Made payable to the District

In a form acceptable to the District and in compliance with statutory requirements

The selected firm shall be responsible for ensuring that all subcontractors comply with applicable bonding and security requirements as determined by the District and governing law.

With the submission of the SOQ and as an attachment to the SOQ Transmittal Letter, Proposer will be required to submit a letter from Proposer’s surety verifying the Proposer’s ability to provide the performance and payment bonds as required and documenting the commitment from its surety to provide such bonds.

Failure to provide required bonds in the form and amount prescribed may result in rejection of the proposal or termination of contract negotiations.

SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1. EVALUATION: The following will be considered in making the selection:

The Proposals will be evaluated at the sole and absolute discretion of the District and its designees. The District shall consider and score the following criteria.

Step 1 Criteria:

• Experience of the Proposer and Design-Build Team (20)

• Past Performance of the Design Build Methodology and Job Safety (20)

• Organization, Proposed Personnel and Management Team (30)

• Demonstrated Capability and References (15)

• Uniqueness (Differentiation & Value-Added Approach) (15)

NOTE TO PROPOSERS: Price will not be a factor at this stage of the process

Step 2 Criteria:

• Costs (30)

Step 1:

a. Each proposal submitted in response to this RFQ shall focus on the above criteria. The Evaluation shall also consider those factors listed in TEC 44.031 (b) listed elsewhere in this solicitation. Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

b. The District reserves the right to conduct interviews or other additional evaluation processes that are deemed necessary by the District to assist in a complete and thorough evaluation of the proposals.

Step 2:

a. In Step 2 of the solicitation process, shortlisted proponents will be evaluated based on their submitted “Attachment F – Cost Methodology Form.” A maximum of 30 points will be allocated for cost. The cost points will be combined with the technical scores awarded in Step 1 to determine the overall ranking of proponents. If interviews are conducted, the final scoring will instead be based on a combination of interview evaluation criteria and cost, with cost scores incorporated alongside the interview results to determine final rankings.

b. ***Important*** “Attachment F – Cost Methodology Form.” The Cost Methodology Form must be submitted with the proposal in a separate sealed envelope clearly labeled with the solicitation name, solicitation number, and the proponent’s firm name. Cost proposal envelopes will remain sealed and will only be opened for proponents who are shortlisted. Cost proposals submitted by proponents who are not shortlisted will remain unopened and will be returned to those proponents in their original sealed condition.

c. The opening of the Cost Methodology Form will be held publicly at a separate meeting date to be announced via an addendum in the Bonfire Procurement System.

2. GENERAL SUBMITTAL REQUIREMENTS:

a. PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements listed below and in the following section.

b. PROPOSAL CONTENT: The Proposer must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation (unless otherwise indicated herein):

1) All forms contained or listed as Vendor Questionnaire and Attachments A-E under this RFQ, fully completed electronic copy without Attachment F– Cost Methodology Form.

2) A complete response to each of the items in the next section, which are specific to the evaluation criteria. (See next section for more detail.)

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements

3) Attachment F – Cost Methodology Form submitted as a separate uploaded document.

3. STATEMENT OF QUALIFICATION FORMAT:

The SOQ shall be submitted as listed below:

1. Cover Letter.

2. Section 1: SOQ Transmittal Letter and required attachments

a. Letter from surety

b. Insurance certificate

3. Section 2: Proposer and DB Team Profiles

4. Section 3: Proposer and DB Team Qualifications and Experience

5. Section 4: Project Organization and Key Personnel

6. Section 5: Project Approach

7. Section 6: Financial Information

4. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: Submit a complete response to each of the following items. List them in the order below, following your submission to the above:

A. Vendor Questionnaire B. Attachment A – Proposal Form C. Attachment B – Exceptions to this Solicitation D. Attachment C – Felony Conviction Notice E. Attachment D – Conflict of Interest Form CIQ F. Attachment E – EDGAR Certification Requirements G. Attachment F – Cost Methodology Form (submitted separately and sealed)

4. EXCEPTIONS: The proposer shall clearly identify any proposed deviations from the language contained herein.

Each exception must be clearly defined and referenced in the proper paragraph in this Solicitation. The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly. Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

5. SHORTLISTING: The District may shortlist the Proposers based on responses to the above items. If necessary, the District will conduct interviews/demonstrations. The District will notify each Proposer on the shortlist if such a presentation is required. These presentations will provide an opportunity for the Proposers to respond to questions posed by the evaluators and to clarify their proposals through exhibition and discussion. The District will not reimburse any costs associated with the oral presentation to the Proposer.

SECTION 4 - GENERAL TERMS AND CONDITIONS

1. BILLING AND PAYMENT: District standard terms will be Net 30 days; however, Proposers may offer a prompt payment discount in their original Proposal response such as 2% / 10 days - Net 30. Payment will be made, in arrears, in accordance with Texas Prompt Payment Act, Texas Gov’t Code 2251.

2. EVALUATION OF PROPOSALS: Proposal evaluation will be done based on the information provided by the

Offeror. It is very important that the Offeror provide all required information as part of their Proposal. Failure to provide necessary information and documentation could result in the Proposal being rejected.

3. EVALUATION CRITERIA: The following represents examples of evaluation criteria that may, at the sole discretion of SCUC ISD and its designees, be considered when evaluating responses to a solicitation. These criteria are provided to inform prospective vendors of the types of factors that could be reviewed when determining the best overall value for the District. However, it is important to note that the specific evaluation criteria and their respective weights for each solicitation will be explicitly outlined within the individual solicitation document.

(1) the purchase price;

(2) the reputation of the vendor and of the vendor's goods or services;

(3) the quality of the vendor's goods or services;

(4) the extent to which the goods or services meet the District's needs;

(5) the total long-term cost to the District to acquire the vendor's goods or services; [and]

(6) 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 or the vendor's ultimate parent company or majority owner:

(a) has its principal place of business in this state; or

(b) employs at least 500 persons in this state; and

(7) any other relevant factor specifically listed in the request for bids or proposals.

4. APPLICABILITY: These conditions are applicable and form a part of the contract documents in each supply and/or service contract and are a part of the terms of each purchase order for items of equipment and/or service included in the specifications and solicitation forms issued herewith. Any resulting contract shall include this solicitation, and Proposal received.

5. PROPOSAL RESPONSE: Unless otherwise specified, Offerors are required to submit an executed original of the Proposal. The proposal response must contain:

a. Vendor Statement of Qualifications

b. Attachment A – Proposal Form

c. Attachment B – Exceptions to this Solicitation

d. Attachment C – Felony Conviction Notice

e. Attachment D – Conflict of Interest Form CIQ

f. Attachment E – EDGAR Certification Requirements

g. Attachment F – Cost Methodology Form (To be submitted & sealed separately)

h. Any additional documents deemed relevant by the proposer.

6. THOSE WHO DO NOT PROPOSE are requested to notify the SCUC ISD Purchasing Department in writing if they wish to receive future Proposals. Failure to do so may result in their being deleted from our prospective Bidders list.

7. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal submitted.

8. INTERLOCAL AGREEMENTS: Interlocal Agreements with other School Districts through the Central Texas

Purchasing Alliance.

a. Membership. SCUC ISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA /

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements txctpa.org), an alliance of over 100 school districts in Texas representing over 1.5 million students, sharing information, services, and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by SCUC ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4), and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

c. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

9. FUNDING OUT CLAUSE. MULTI-YEAR ACQUISITION: Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

a. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

b. It is the Districts intent to execute a contract for the longest period providing the lowest total cost to the district. Any resultant contract is conditioned on a best efforts attempt by the District to obtain any appropriate funds for payment of the contract.

10. CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing or designee after the contract award.

a. Any additional agreements/contracts to be signed by SCUC ISD shall be included with the Proposal.

b. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

11. ASSIGNMENTS AND SUBCONTRACTING: No part of this agreement may be assigned or subcontracted without the prior written consent of the Schertz-Cibolo-Universal City Independent School District’s Purchasing Director. Payment can only be made to the Contractor named in this agreement.

12. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Texas Public

Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary or confidential material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

13. CHANGES: This Contract shall not be modified, altered, or changed except by mutual consent confirmed in writing by an authorized representative of each party to this Contract. The Director of Purchasing or designee shall administer this contract on behalf of the District. The Vendor agrees to waive all claims for adjustment in regard to any services performed without prior receipt of an appropriate written Change Order. The SCUC ISD Purchasing department shall review, approve and process all changes.

14. INDEMNITY: Vendor shall indemnify and hold harmless the SCUC ISD and its Board of Trustees, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUC ISD incur defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of the vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

15. INDEPENDENT CONTRACTOR: The parties intend that the Contractor, in performing the specified services, will act as an independent contractor and must have control of the work and the manner in which it is performed.

The Contractor will be free to contract for similar services to be performed for other employers while Contractor is under contract with District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

16. SUB-CONTRACTORS: If the Proposer proposes to use sub-contractor(s) in the course of providing these services to the District, this information shall be a part of the Proposer’s response. Such information shall be subject to review, acceptance and approval of the District, prior to any Contract award. The District reserves the right to approve or disapprove of any proposed sub-consultant in its best interest.

17. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause and without penalty to the District. In the event of termination by the District prior to completion of the contract, compensation shall be prorated on the services actually performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination.

18. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

19. NON-PERFORMANCE: Whenever, in the opinion of the District, the work is neglected by the Contractor, the District may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing.

The District shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and, should the Contractor again fail to perform the services pursuant to the contract, the District may declare the contract in default, terminate the contract, and contract with another.

a. In the event of default by the Contractor, the District shall be liable only for payment of those services performed and accepted prior to the date of termination.

20. CHANGES TO PROPOSAL: The District retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

21. CHANGES IN REQUIREMENTS: Should the District, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so. And the same shall in no way affect or make void the agreement but will be added to or deducted from the amount of said agreement price as the case may be, by a fair and reasonable valuation subject to the mutual agreement of both parties.

22. UNRESTRICTED QUANTITIES: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

23. DELIVERIES required in this solicitation shall be freight prepaid F.O.B. DESTINATION and prices shall include all freight, and delivery charges for a total cost delivered.

24. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

25. VENUE: This Agreement shall be governed by the law of the State of Texas without regard to the choice-of-law rules of any jurisdiction. The venue shall be in Guadalupe County, Texas. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit.

26. NOTICE: Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be

Solicitation No. 26-023C, Design-Build Services for Byron P. Steele HS Light Pole Replacements effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

27. CRIMINAL BACKGROUND CHECK: All Contractors, who have a contract for services, have continuing duties related to the contract, and have direct contact with students must certify to the district that it has received all criminal history information on covered employees pursuant to Texas Education Code Chapter 22, Subchapter C prior to performing the services for the District. This is an all-or-nothing test. If all three criteria are met then the criminal history review is mandatory. The cost of the review shall be paid by the Contractor. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. The Contractor selected may also be required to provide a list of personnel who will be assigned to do the work. When requested this information must be furnished within twenty-four (24) hours, and shall apply to any new personnel due to employee turnover.

a. The District reserves the right to review the personal background and conduct security clearances on the

Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, prior to assignment. The Contractor shall cooperate with the District authorities and shall comply with all regulations in effect during the contract period.

b. Upon the request of the District, the successful bidder may be required to provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check. The following information shall be provided with each name to the District: date of birth, Texas driver’s license number, and current address,

c. Any person or persons not acceptable to the District shall be prohibited from working on the contract.

28. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed Form 1295 before any award of the contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015. HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters into a contract with SCUC ISD that requires the approval of the Board of Trustees must submit a “Disclosure of Interested Parties” to the District prior to the execution of the contract. This form, the “Disclosure of Interested Parties” form was promulgated by the Texas Ethics Commission, and is the “Form 1295”.

For additional information, the Texas Ethics Commission’s website is: www.ethics.state.tx.us. The area of their website pertaining to Form 1295 is: www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

29. TEXAS DATA PRIVACY AGREEMENT: A Successful offeror shall provide a Student Data Privacy Agreement upon notification of award. The Texas Student Privacy Alliance created a Common Student Data Privacy Agreement, which shall be used by all member schools when implementing any online application.