REQUEST FOR PROPOSAL

FOR

Job Ordering Contracting Services

Solicitation # 26-015C

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

May 12, 2026

SCUC ISD is accepting proposals to provide Job Order Contracting for as-needed repairs and minor construction in accordance with the instructions, specifications, terms, and conditions contained in this Solicitation.

ADDENDA TO RFP. 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 RFP 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 RFP. 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: Aaron Miranda, RTSBA

1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

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

Schertz-Cibolo-Universal City ISD Page 2 of 15 Solicitation No. 26-015C, Job Order Contracting Services

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

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

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SECTION 1 - INSTRUCTIONS

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

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

b. PRE-PROPOSAL MEETING / PROPOSAL GUARANTEE: Not Applicable

c. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically via our Euna Bonfire bidding platform at https://scucisd.bonfirehub.com/ until May 12, 2026, 2:00 PM, local time.

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

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

f. 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.

g. All costs incurred in the preparation and submission of the RFP 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.

h. 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 RFP has been accepted.

i. 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.

j. 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 D. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

k. FORM OF CONTRACT: A Vendor's signature on the response to this RFP 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 RFP response for evaluation.

l. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a Proposal to be determined as non-responsive and the Proposal rejected. The above information must be clear and concise.

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

2. RFP CLARIFICATION: Questions regarding this RFP 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

Schertz-Cibolo-Universal City ISD Page 4 of 15 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 RFP must be submitted in writing via Euna Bonfire at https://scucisd.bonfirehub.com/ on or before May 5, 2026, 4:00 pm.

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. 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 RFP. By submitting a Response, you are presumed to concur with all terms, conditions, and specifications of this RFP. 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. A 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 RFP, 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 who 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 presents the greatest value, in our view, to SCUC ISD from the standpoint of suitability to purpose, quality, service, previous experience, price, 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 RFP (as it may be supplemented).

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

9. CONTRACT PERIOD: The District’s intention is to award to multiple vendors for use on an as needed basis. Awarded contract(s) shall begin June 1, 2026 through May 31, 2029 with up to two (2), 1-year renewal options. Such extension(s) will be at the discretion of the District, subject to the same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District. This contract will have a maximum aggregated amount of $5,000,000.00 (Five Million Dollars).

10. SCHEDULE OF EVENTS

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

RFP Release Date April 13, 2026 Final Questions Accepted May 5, 2026, 4:00 pm Proposals Due May 12, 2026, 2:00 pm Tentative Board Meeting May 21, 2026

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SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

OVERVIEW: The Schertz–Cibolo–Universal City Independent School District (SCUC ISD) is soliciting proposals from qualified firms to provide Job Order Contracting (JOC)–based repair, maintenance, and minor construction services for District facilities and campuses. Services may include a wide range of general construction and trade‑related work and will be performed on an as‑needed basis as project requirements are identified.

Services may include, but are not limited to, general repairs, renovations, minor construction projects, and specialty trade services such as carpentry, electrical, plumbing, HVAC, flooring, painting, roofing, and related facility improvements.

The District intends to award multiple contracts to establish an Approved Contractor List. Work will be issued through individual job orders based on District needs, project scope, and available funding. The number of contracts awarded will vary based on evaluation results, demonstrated qualifications, experience with K–12 facilities, safety record, and areas of specialization.

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. SCUCISD provides instruction to approximately 15,000 students in a predominately rooftop community. The District currently has 17 campuses, which include three (3) high schools, one (1) alternative education center, two (2) junior high schools, three (3) intermediate schools, and eight

(8) elementary schools.

3. The District employs approximately 1,925 employees to include teachers, paraprofessionals, technical staff and support staff.

B. MINIMUM QUALIFICATIONS: Proposers (specifically, the business that will be contractually bound under the contract with the District) will be deemed non-responsible and rejected without any further evaluation if they do not meet the following mandatory qualifications:

1. The Proposer and its key personnel assigned to the District must have a minimum of 3-year experience providing repairs and minor construction services to educational institutes or municipalities.

2. The Proposer and its key personnel must have worked with at least one comparable K-12 school district client providing similar type services.

C. PREFERRED QUALIFICATIONS: The Proposer may be evaluated higher if they meet the following qualifications:

1. The Proposer and its key personnel assigned to the District must have 5 years of experience providing repairs and minor construction services to educational institutes or municipalities.

2. The Proposer and its key personnel must have provided similar services to a minimum of three comparable K-12 school districts.

D. SCOPE OF SERVICES

1. General Requirements.

1.1. The Contractor shall provide all labor, equipment, tools, transportation, supplies, materials, storage, supervision and testing necessary for completion of the work, subject to the terms and conditions of the contract.

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1.2. All standard equipment (e.g. hand tools, vehicles, basic materials hauling trailers, etc.) expected of the trades must be provided at no cost to the District. All equipment must be removed from District property once the project is complete. The Contractor shall also remove any materials and equipment when required. Trash and debris shall be disposed of in appropriate off-site locations.

1.3. If subcontractors are utilized, the subcontractors will be directed and supervised by the Contractor. District reserves the first right of refusal where subcontractors are not performing in accordance with the requirements of this contract.

1.4. All work is to be done in a neat and orderly manner, in accordance with industry standards and/or required code.

1.5. All work shall be scheduled as to be safe and shall not interfere with classes or meetings in any way unless approved by the District Project Manager (District PM).

1.6. Normal District working hours are Monday through Friday, 7:30 A.M. to 4:30 P.M. Although services under this contract may be performed during these hours, the Contractor may often be required to work outside these hours.

1.7. At the start of a project, the Contractor shall provide the project manager with the telephone number(s) of the person or persons to be called in case of an emergency.

1.8. Contractor shall provide time schedules if requested by the District.

1.9. Design and construction documents required by State law for specific projects will be provided by the District.

1.10. The Contractor may be required to visit the premises where work is to be performed prior to work authorization, as it is the Contractor’s responsibility to identify all costs associated with a particular project.

1.11. Any work details and materials not otherwise mentioned shall be included in the Scope of Work for the particular project(s).

1.12. The Contractor shall provide to the District PM a progress report indicating current status of all assigned projects to include verification of work schedule and percentage of project completion.

This progress report will be presented during the SCUCISD Facilities and Construction staff meeting weekly.

1.13. Non-Pre-Priced Items not Specifically Found in RS Means. Project proposals that contain non-pre-priced items not specifically found in the RS Means, the Contractor shall:

1.13.1. Base the project proposal on the closest type-categories found in the RS Means;

1.13.2. Indicate on the project proposal that the pricing is not based on a specific category but of multiple ones;

1.13.3. Include the codes where pricing was found.

1.14. Purchase of Parts / Equipment for Installation.

1.14.1. Parts / equipment will be warranted by the proposer for a period equal to or greater than the manufacturer’s standard warranty. If no manufacturer’s warranty is given, a minimum one year warranty from date of substantial completion and acceptance by District must be provided.

1.14.2. The Proposer shall, unless otherwise indicated, provide only new parts and/or equipment and materials. District may specify equipment based on the District’s requirements for standardization and/or history with a particular brand/model.

1.15. Codes and Requirements. The Contractor shall comply with all Local, State and National. All codes and standards shall be per the latest edition with all supplements and official interpretations included. District specifications take precedence when they are more stringent.

Standards, ordinances and statutes take precedence when they are more stringent or conflict with District specifications. Worker’s Compensation, Payroll Taxes, Waste, Project Supervision, Project Overhead, Main Office Overhead and profit must be covered by the coefficient. Any costs associated with permits or fees imposed by local authorities will be reimbursed at the actual cost.

1.16. Workmanship and Installation.

1.16.1. Only thoroughly trained and experienced workers completely familiar with the items required or with the manufacturer’s recommended methods of installations shall be used.

In acceptance or rejection of work performed, no allowance will be made for the lack of skill on the part of the worker(s).

1.16.2. Where details or specific installation specifications are not included, follow approved manufacturer’s recommendations.

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1.16.3. Upon completion of work Contractor shall clear the job site of any and all debris at appropriate off-site locations.

1.17. Final Inspection.

1.17.1. The Contractor shall demonstrate that work completed meets the requirements of

District. The District shall give final approval to all work performed.

1.17.2. Should any portion of the work fail to meet the requirements of the District, the Contractor shall repair or replace items failing to meet requirements until items can be demonstrated to comply.

2. JOC Project Workflow and Controls. The following requirements are to define the procedure that may be adopted or modified by the district as applicable.

2.1. Process Procedure.

2.1.1. Job Order Contract project is defined.

2.1.1.1. The District determines there is a need for a minor construction project that can be done using the JOC Contractor.

2.1.2. Project is assigned to a District PM.

2.1.2.1. The Director of Facilities Construction or district equal determines if budget is available, and assigns the project to a District PM.

2.2. Document Preparation Procedure.

2.2.1. Request for Quote (RFQ) is created by District PM and is submitted to JOC.

2.2.1.1. The District PM will create the RFQ, including the project overview, and provide the document to the JOC.

2.2.2. District PM meets with JOC to develop scope.

2.2.2.1. The District PM reviews the project, and meets with the JOC Project Manager to develop the scope.

2.2.2.2. May require site visit.

2.2.2.3. A time-line/schedule will be established at this step in the process.

2.2.3. Scope is written by JOC.

2.2.3.1. The scope of the project is developed by the JOC based on the understanding of the project by both the District PM and the JOC.

2.2.4. JOC prepares RSMeans cost proposal based on District’s RFQ.

2.2.4.1. Once the JOC receives the RFQ, the JOC will prepare the required RSMeans cost proposal based on the scope of work for the project.

2.2.5. JOC submits RSMeans cost proposal to District PM.

2.2.5.1. The JOC will finalize the cost numbers for the proposal, sign, and submit the project proposal(s) to the District PM. Electronic signature is acceptable on the JOC Work Authorization form.

2.2.6. District PM reviews proposal and Work Authorization.

2.2.6.1. The District PM will review the cost proposal for scope, and compare the proposed cost against the district cost estimate for the project.

2.2.6.2. District PM may negotiate scope and cost to develop a “final” proposal with JOC.

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2.2.7. District PM approves Work Authorization and creates Purchase Requisition.

2.2.7.1. Once it has been determined the project will move forward, the District PM will have a Purchase Requisition created to start the purchasing process.

2.3. Purchasing Review.

2.3.1. District PM submits copy of Work Authorization and RSMeans proposal to Purchasing.

2.3.1.1. In order for the Requisition to be approved, the District PM must submit the Work

Authorization and the RSMeans proposal to Purchasing to support the requisition.

2.3.2. Purchasing reviews documents for contractual requirements.

2.3.2.1. The assigned Buyer will review the documents for compliance with the contract.

2.3.3. Upon approval from Purchasing, a Purchase Order is generated.

2.3.3.1. If the information submitted meets the requirements of the contract, the Buyer will approve the purchasing requisition, and a Purchase Order (PO) will be generated.

2.3.3.2. The PO is then distributed to the JOC.

2.4. Project Start.

2.4.1. JOC starts project.

2.4.1.1. The JOC will commence working on the project based on the agreed upon scheduled start date.

2.4.2. JOC completes project.

2.4.3. JOC submits final payment with invoices.

2.4.3.1. The JOC will collect all applicable data to create the invoices based on the contract, and submit the invoices and proof of expenditure to the District PM.

2.4.4. District PM reviews invoices for payment.

2.4.4.1. The District PM will compare the invoices to the scope of the work performed and approve if correct.

2.4.5. District PM submits payment approval of invoices to Accounts Payable.

2.4.5.1. Once all documentation is submitted and correct, the DPM will forward the payment request to Accounts Payable for payment.

E. PROJECT ORDERS.

a. For projects that are estimated to be over $100,000, the District may seek competition between the Contractors under this contract, with the lowest priced proposal receiving the project.

b. The coefficient may not exceed that submitted with the proposal under any circumstances;

however, a lower coefficient will be accepted in the case of competition between the awarded Contractors.

c. Each job, task, or purchase order that exceeds $500,000 shall require Board approval.

END OF SECTION

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SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

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

The District will use the best value method to determine the awarded Proposers. The evaluation criteria below indicate the points that are assigned for each section. The District shall consider and score the following criteria.

• Cost Proposal – 30 points Contractor Coefficient Pricing. RS Means percentage increase (standard number - e.g. 10%) or decrease (indicate by adding a "-" minus sign before the number - e.g. - 10%).

The hourly rate billed to the District shall not be more than the RS Means Bare Cost hourly rate times the proposed plus/minus percentage. The District reserves the right to negotiate the calculated RS cost results for specific project proposals.

*Coefficient Example: 0.75 is 75% of San Antonio CCI Adjusted Unit Price Book

• Experience and Qualifications – 25 points Years in business performing Minor Construction Trades services through Job

Order Contracts.

Number of School Districts and government entities your company has performed Minor Construction Trade services.

Past Project Experience Organization description.

• Employed Personnel – 25 points Number of currently employed full time staff that is directly related to construction services (e.g. estimators, project managers, tradesmen, etc.);

Number of locally (Guadalupe and/or Bexar counties) employed full time staff, including tradesmen, office personnel;

Resume’ of the assigned Project Manager(s) and Superintendent(s).

Subcontractor List

• References – 20 points Timely Completion of past projects Cooperation with owner and staff Punch list length and timely completion Quality of workmanship Warranty request and responsiveness

a. This Solicitation shall be governed by the following documents unless an exception is otherwise taken within this Solicitation. The documents are incorporated by reference only, and are not attached as part of this Solicitation. A copy may be obtained by contacting the SCUCISD Purchasing office.

a. Government Code 2269.

b. Purchasing and Acquisition, SCUCISD Policy CH (Legal).

c. Purchasing and Acquisition, SCUCISD Policy CH (Local).

d. Facilities Construction, SCUCISD Policy CV (Legal)

e. Facilities Construction, SCUCISD Policy CV (Local)

The District reserves the right to make additional inquiries and may request the submission of additional information.

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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 in this RFP, fully completed:

2) Proof of permits and licenses to perform all requested work. Omission of this requirement may deem your proposal non-responsive.

3. 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. Vendor W9

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.

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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. Signed; Proposal Form

b. Vendor Questionnaire

c. References

d. Vendor Response

e. Proposed Pricing

f. Felony Conviction Notice Form

g. Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure/reporting obligations on vendors. Please complete and return Conflict of Interest Questionnaire Form

CIQ.

h. Current, Signed W-9

i. Any additional documents required by the Solicitation.

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.

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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 / 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

Public Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary 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

Schertz-Cibolo-Universal City ISD Page 13 of 15 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 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. 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.

17. 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.

18. 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.

19. 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.

20. 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.

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

22. 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.

23. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any

Schertz-Cibolo-Universal City ISD Page 14 of 15 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.

24. 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.

25. 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 effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

26. 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.

27. 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.

28. 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. By adopting such an agreement all vendors and schools have common expectations when entering into a relationship or implementation without having to renegotiate terms in every new instance. All vendors handling student data are expected to complete the agreement. A Sample Form can be found on our Purchasing Department website under Student Data Privacy Agreement.

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://sdpc.a4l.org/agreements/TxDPA_V2.pdf

Schertz-Cibolo-Universal City ISD Page 15 of 15

29. DISPUTE RESOLUTION: The laws of the State of Texas shall govern this agreement and performance hereunder. The District and Contractor shall, as a condition precedent to filing any lawsuit arising from the performance of this Agreement, endeavor to resolve all claims, disputes, and other matters in question between them by mediation.

a. Request for mediation shall be in writing and shall request that the mediation commence not less than 30 or more than 90 days following the date of the request, except upon agreement of both parties.

b. In the event the District and the Contractor are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred.

At all times during the course of any dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Agreement

30. INVOICING: Send the original invoices to: Attention: Accounts Payable, Schertz Cibolo Universal City ISD 1060 Elbel Road Schertz, TX 78154

Electronic invoices may be sent via email: Finance@scucisd.org

a. Each invoice shall contain a minimum of the following information: invoice number and date;

remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#);

quantities; item descriptions, unit prices, and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain PO # from the District for each separate order/invoicing. These are individually numbered for control purposes, and each separate order/invoicing will require a unique PO# to be issued to the Contractor by the District. If the PO# does not appear on the contractor's invoice, payment may be delayed.

31. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government Code was amended to update state contract law to prohibit governmental entities from contracting with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. The intent of this change is to ensure that Texas taxpayers' dollars are not spent on companies engaged in business with other nation states or terrorist organizations that are anathema to the policy interests of the United States or the State of Texas.

32. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the Contractor has at least ten (10) full time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

33. COMPLIANCE: The Offeror shall comply with any and all federal, state and local laws, and District policies affecting the services covered by this solicitation. Such laws may include, but are not limited to the following: a) Family Educational Rights and Privacy Act (FERPA); b) Protection of Pupil Rights amendment (PPRA); and/or Health Insurance Portability and Accountability Act of 1996 (HIPPA).

34. PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 2274:

a. FIREARM ENTITY / TRADE ASSOCIATION NON-DISCRIMINATION: If the Contractor is not a sole proprietorship, has ten (10) or more employees, and the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with the DISTRICT, unless excepted from law.

mailto:Finance@scucisd.org

Schertz-Cibolo-Universal City ISD Page 16 of 15

b. ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if Contractor has ten (10) or more employees, is not a sole proprietorship, and if the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the DISTRICT, unless excepted by law.

35. SAFETY: Vendors, its subcontractors, and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules and regulations in the performance of services under this Agreement, including, without limitation, those promulgated by the District and by the Occupational Safety and Health Administration (“OSHA”). All items must meet all applicable OSHA standards and regulations and all electrical items must bear the appropriate listing from UL, FMRC or NEMA. In case of conflict, the most stringent safety requirements shall govern.

Vendor shall comply with all other safety guidelines and standards as required by the District, including Current Good Manufacturing Practices (cGMP’s),https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-manufacturing-practices-cgmps-food-and-dietary-supplements.

Product to be handled in accordance with the Federal Food and Drug Administration’s (FDA’s) Guidance for Industry. Vendor shall indemnify and hold the District, harmless from all claims, demands, suits, actions, judgements, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

36. INSURANCE

Certificate of Liability Insurance. Contractor shall maintain at least the insurance coverages specified below and shall provide to Owner, an insurance certificate listing the coverages before starting any work on District property. The coverages shall not be construed as establishing or limiting Contractor's liability under the indemnity provision.

Workers Compensation - Statutory Limits Employers Liability - $500,000 @ accidents $500,000 policy limit

$500,000 @ employee

General Liability $1,000,000 per occurrence

$2,000,000 general aggregate/$2,000,000 products/completed operations aggregate

Automobile Liability - Owned/Non-owned/Hired vehicles Bodily injury - $250,000 @ person/$500,000 @ accident Property damage $250,000

Or $500,000 Combined Single Limit

Umbrella Policy - $1,000,000 occurrence/$1,000,000 aggregate

The required limits may be satisfied by a combination of primary, excess, or umbrella liability insurance, provided the primary policy complies with above requirements and the excess umbrella is following form. The Contractor may maintain reasonable and customary deductibles, subject to approval by the SCUC ISD.

• The Schertz-Cibolo-Universal City Independent School District (SCUC ISD) shall be named as an additional insured with respect to general liability.

• A waiver of subrogation in favor of the SCUC ISD shall be contained in the Workers’ Compensation, and General Liability coverage.

• All insurance policies shall be endorsed to require the insurer to immediately notify the SCUC ISD of any material change in the insurance coverage.

• All insurance policies shall be endorsed…