5-2. RFQ Document (26-020V - Architectural Services).pdf

REQUEST FOR QUALIFICATIONS

FOR

Architectural Services Solicitation # 26-020V

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

June 1, 2026

SCUC ISD is accepting is accepting qualification-based responses to provide architectural design services in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation. Resulting contracts will include architectural design services for the Clemens and Lehnhoff Stadium Renovation Project as well as the establishment of an IDIQ Approved Architect Services Pool. Respondents may submit for a response for only the IDIQ Architect Pool; Renovation Project only; or for both the Project and Pool List.

ADDENDA TO RFQ. SCUC ISD reserves the right to revise and amend the specifications/scope of services prior to the date set for the receipt of responses. Vendors 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 a response, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the RFQ. Register online at https://scucisd.bonfirehub.com to receive any addenda, 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

Schertz-Cibolo-Universal City ISD Page 2 of 17 Solicitation No. 26-020V Architectural Services

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

Exhibit A – Google Earth Image and Architectural Site Plan ………………posted as a separate document

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

Schertz-Cibolo-Universal City ISD Page 3 of 17

SECTION 1 - INSTRUCTIONS

1. VENDOR SUBMISSION: To be considered, the response must be prepared in the manner and detail specified in this RFQ.

a. Responses 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.

b. INFORMATIONAL MEETING / SITE VISIT: A non-mandatory information meeting will be held at 3:00 pm on May 12, 2026, at the SCUC ISD District Administration Building, Malish Education Training Center (METC) located at 1060 Elbel Rd, Schertz, Texas 78154. Immediately following, a site visit of Lehnhoff Stadium will be offered.

c. RESPONSE GUARANTEE: Not Applicable

d. SUBMITTAL DEADLINE: Responses from qualified applicants will be received electronically via our Euna Bonfire bidding platform at https://scucisd.bonfirehub.com/ until June 1, 2026, 2:00 PM, local time.

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

f. Responses to this RFQ received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

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

h. 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.

i. Any vendor response 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.

j. 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.

k. SUBMISSION OF VENDOR QUALIFICATIONS 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 provided under the Required Forms attachment. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

l. FORM OF CONTRACT: The contract used for any work described in this RFQ will be the AIA B121-2018 Standard Form of Master Agreement Between Owner and Architect and AIA B221–2018 Service order for use with Master Agreement Between Owner and Architect. Sample copies of these contracts will be issued and as attachment to this RFQ.

m. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a vendor’s response to be determined as non-responsive (invalid) and the response rejected. The above information must be clear and concise.

n. The District reserves the right to select any offer it deems the best value.

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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 Qualifications 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 May 21, 2026, 11:00 am.

3. VENDOR 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 response shall be completed in all respects as indicated. A response may be rejected if it is conditional or incomplete, or if it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: A response 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 vendor response and the attribute, condition, or capability as a requirement of the RFQ, the vendor response shall be rejected.

6. VENDOR’S SIGNATURE: The vendor’s response 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 vendor response 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, 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 be determined 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 AIA B121 and B221 described in 1.l. FORM OF 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: For Option 1 – Clemens High School and Lehnhoff Stadium Renovation Project, the awarded contract shall begin on upon contract execution, through project completion. Additional contracts will be awarded under Option 2 - IDIQ Architect Pool as presented at the July 9, 2026 Board Meeting. The contract term shall include an initial one-year period with up to four (4), one-year renewal options beginning upon contract execution. Such extension(s) will be at the discretion of the District, subject to the same terms, conditions, and mutual agreement between the Contractor and the District with no minimum guaranteed amount.

10. SCHEDULE OF EVENTS: Following is a list of projected dates/times with respect to this RFQ.

RFQ Release Date May 4, 2026 Non-Mandatory Informational Meeting / Site Visit May 12, 2026, 3:00 pm Final Questions Accepted May 21, 2026, 11:00 am Responses Due June 1, 2026, 2:00 pm Evaluations – Clemens & Lehnhoff Stadium Renovation Project June 3, 2026 Finalist Interviews June 9-10, 2026 Tentative Board Approval – Clemens & Lehnhoff Stadium Renovation Project June 16, 2026 Evaluations – IDIQ Architect Pool June 22-25, 2026 Tentative Board Approval – IDIQ Architect Pool July 9, 2026 Contract Execution August 3, 2026

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SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

A. OVERVIEW: Schertz-Cibolo-Universal City Independent School District (District) is accepting qualification-based responses to provide architectural services in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation.

Resulting contracts will include architectural design services for (1) the Renovation Project at Clemens High School and Lehnhoff Stadium; and (2) establishment of an IDIQ pre-qualified Architect Pool related to construction, replacement, repair, renovation, and rehabilitation projects as provided by Texas Government Code Chapter 2254, Subchapter A. Respondents may submit for a response for the Renovation Project only; IDIQ Architect Pool;

or for both the combined Project and Pool List.

The District intends to select one (1) firm for the Renovation Project. For the IDIQ Pre-Qualified Pool, the District intends to select up to five (5) professionals for use on an as needed basis depending upon project scope and specialty.

B. GENERAL INFORMATION:

1. SCUC ISD 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.

C. MINIMUM REQUIREMENTS:

Respondents must meet the minimum qualifications as listed below.

1. Respondent shall be in the business of providing architectural services. Firm must also possess sufficient financial support, equipment and organization to ensure that it can satisfactorily perform the services, if awarded a Contract.

2. Respondent must be a licensed architect in the State of Texas, plus has been in business continuously and without interruption for a minimum of five (5) years.

3. Respondent must have demonstrated relevant experience by providing a minimum list of three (3) projects.

If submitting for the Stadium Renovation, project list should include like projects.

4. 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.

5. 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.

6. 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.

D. SCOPE OF SERVICES:

1. RFQ is based upon two (2) separate contracting opportunities. Option 1 – Clemens High School and Lehnhoff Stadium Renovation Project and Option 2 – IDIQ Architect Pool. Respondents are encouraged to submit a response for all or part of this RFQ.

2. Respondents must demonstrate experience with similar K-12 campus and athletic facility renovation projects of comparable size and complexity.

3. Each submission shall include a portfolio containing representative photography from relevant completed projects, clearly identifying the firm’s role, project scale, and scope of services provided.

Schertz-Cibolo-Universal City ISD Solicitation No. 26-020V Architectural Services Page 6 of 17

Option 1 - Clemens High School and Lehnhoff Stadium Renovation Project

The District is seeking a highly qualified Architectural/Engineering (A/E) firm to provide comprehensive professional services for the planning, design, bidding, and construction administration of renovations to the Robert and Glenda Lenhoff Stadium, along with designated areas of the adjacent Samuel Clemens High School campus.

Renovations to Robert and Glenda Lenhoff Stadium and portions of Samuel Clemens High School were approved by voters in the May 2, 2026, bond election. As such, the District has identified the following as its highest priority items to be included within Option 1 – Clemens High School and Lehnhoff Stadium Renovation Project:

● New 30,000 square feet field house with student locker rooms, weight room, multi-purpose meeting space, coaches’ offices and locker room, training room and high-density equipment storage

● New press box with dedicated space for media, streaming, coaches and scouts and roof deck for camera staging

● New bleachers to expand seating up to 10k capacity

● New concession and restroom configuration to support increased capacity and better circulation

● Track replacement

● New scoreboard combination with digital screen

● Turf installation, including D-zones

● Additional parking areas adjacent to stadium

● Expansion of the interior cafeteria into the existing courtyard space

● Design all civil, structural, MEP, and technology systems

● Coordinate specialty vendors

● Provide site civil and storm drainage engineering

Note: Gas utility easement restricts buildable area and requires structural protection from heavy equipment use. Guidelines will be provided. See Exhibit A – Google Earth Image and Architectural Site Plan.

Option 2: IDIQ Architect Pool

1. The District intends to award up to five (5) Architectural firms for the establishment of the architectural services pool associated with construction, renovation, maintenance and/or repairs. Selected firms may be required to provide pre-planning, program planning, design, consulting, and construction administration in connection with current and future District construction projects. Such projects may include new facilities as well as additions and/or renovations to existing facilities.

2. Anticipated future funding for construction projects may include monies from bond, general and federal funds. If selected to participate on a federally funded project the consultant and any proposed sub-consultants must certify in writing that they are not currently debarred and/or suspended and excluded from participation in federal programs.

3. The District’s objective is to create a list of qualified firms to be included on a list through demonstrated competence and qualifications in accordance with law and to assign projects to a select firm or individual from the qualified pool list on a project-by-project basis as determined to be in the best interest of the District.

4. Projects will be assigned to firms selected for the pool on a project-by-project basis related to upcoming construction projects. Firms within the pool are not guaranteed any minimum number of projects. The District reserves the right to make project assignments all at once, or as each project is deemed ready for implementation, whichever is in the best interest of the District. The District reserves the right to remove Firms from its architectural pool at any point in time.

5. The selected Firms may be required to investigate, analyze, evaluate, report, coordinate, prepare plans, specifications and contract documents, bid/award and evaluation and services during construction, perform construction engineering services, for any of the disciplines, related matters, as well as any engineering or architectural assignments upon the request of the District.

Solicitation No. 26-020V Architectural Services Page 7 of 17

6. Resulting contracts will be utilized for replacement, repair, renovation, and rehabilitation projects as well as limited new construction to existing facilities. Services may include, but are not limited to, planning, design and/or construction administration including those that are federally funded.

7. The District intends to award to multiple firms as the District deems in its best interest. Each selected firm shall enter into a multi-year contract with the District. As each project is identified, the selected firms will be requested to submit proposals, and shall be selected if the proposal is acceptable to the District.

8. No guarantee is expressed or implied as to the amount of work or total number of project task authorizations provided to any one firm for the life of this contract. A firm that is well-suited within the required discipline, as determined by the District for particular task or project, shall be selected.

E. GENERAL REQUIREMENTS:

Architectural Services to be provided by the selected firm(s) include, but are not limited to, the following:

1. Existing Conditions Assessment and Programming. Conduct evaluations of existing facilities and site conditions, including field investigations, documentation review, and stakeholder input, to support project programming and definition of project requirements.

2. Professional Design Services. Provide comprehensive design services, as required for the project, including architectural, structural, civil, mechanical, electrical, plumbing, and life-safety systems, in accordance with applicable codes, standards, and District requirements.

3. Coordination and Collaboration. Coordinate closely with District stakeholders, user groups, consultants, utility providers, and regulatory authorities throughout all phases of the project to ensure alignment with project goals, schedules, and compliance obligations.

4. Construction Documents. Prepare complete and accurate construction documents, including drawings and specifications, suitable for competitive bidding and permitting, and in compliance with District standards and applicable regulations.

5. Permitting and Accessibility. Submit documents for city permit review and approval, responding to comments and providing plan revisions as required to comply with local building codes. Contract Registered Accessibility Specialist (RAS) inspector and facilitate compliance with Texas Accessibility Standards (TAS) and American Disabilities Act (ADA) Accessibility Standards.

6. Bidding and Procurement Support. Assist the District during the bidding and procurement phase, including responding to bidder inquiries, issuing addenda, participating in pre-bid meetings, and supporting bid evaluations, as requested.

7. Construction Administration. Provide construction administration services through project completion, including, but not limited to, review of submittals, responses to requests for information, site observations, pay application review, punch list development, and project closeout assistance.

8. Agreement. Awarded vendors will be required to an AIA Document B121-2017, Standard Form of Agreement Between Owner and Architect. As needs are identified, the District shall utilize the pre-qualification list to select a firm to perform the services requested for each project. A firm selected for a specific job will be required to sign an AIA B221-2017 agreement.

9. Consultants. Services of the Architect may have responsibility for the overall management of consultants throughout the entire project to enable him to discharge his responsibility for coordinating the design and related matters. The services of other specialist consultants may be desirable to advise on particular aspects of use of function of a range of building conditions. These services might include advice in such fields as, energy management, acoustics, child nutrition, or instruction, etc.

Solicitation No. 26-020V Architectural Services Page 8 of 17

10. Licenses and Certifications. The vendor shall be appropriately licensed to perform assigned work. The vendor shall possess at the time of submission all required licenses and certifications. The vendor shall be responsible for all costs associated with obtaining and maintaining all required licenses, and certifications.

Copies of all licenses and certifications shall be submitted with the response.

11. Delegation and Building Code. By submission of a response to this RFQ the Architectural or Design firm certifies to the District that the team members have been chosen based on demonstrated competence and qualifications. An architect shall have responsibility for compliance with the requirements of Texas Occupations Code, Chapter 1051.

12. 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.

F. INSURANCE REQUIREMENTS

Coverages. Successful vendor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurance.

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.

Schertz-Cibolo-Universal City ISD Page 9 of 17 Solicitation No. 26-020V, Architectural Services RFQ

b. Consultant shall furnish to 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.

c. 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.

d. 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 Consultant uses a sub-consultant, Consultant shall ensure that sub-consultant names District as an additional insured.

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:

Vendor responses will be evaluated at the sole and absolute discretion of the District and its designees. The

District shall consider and score the following criteria.

Ability of the firm’s professional personnel to perform the Services (40) Proposed team members have K–12 project experience, relevant licenses (Architect, PE, RCDD, etc.), and defined responsibilities with availability to commit to SCUC ISD projects.

References (10) References convey client satisfaction, responsiveness, effective communication and problem-solving ability.

Willingness to meet time and budget requirements (5) Proven ability to meet deadlines and budgets, lead cost-control efforts and minimize change orders.

Location of the firm (10) Strong regional presence in proximity to SCUC ISD allowing for meetings/site visit participation and responsiveness to project needs.

Recent, current and projected workloads of the firm or firms (10) Current workload demonstrates capacity to prioritize SCUC ISD projects with a strong depth of staff for the duration of the project schedule.

Adherence to code enforcing entities (5) Familiarity with the requirements of the State of Texas, Texas Education Agency, Texas Department of Licensing and Regulation, the County, City, and other entities having jurisdiction.

Performance on similar projects (20) Demonstrates experience in bond programs, phased renovations in occupied schools and delivery success within budget and schedule parameters.

NOTE TO QUALIFED RESPONDERS: Price will not be a factor at this stage of the process and no prices should be quoted.

a. Each response 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. Responses will be evaluated equally and fairly; no preference will be given to any applicant 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.

2. GENERAL SUBMITTAL REQUIREMENTS:

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

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

1) All forms contained in this RFQ, fully completed:

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.)

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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. Vendor Response

c. Attachment B - Exceptions to this Solicitation

4. EXCEPTIONS: The responder 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 Vendor'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 vendor's response, the District will assume complete conformance with this specification and the successful vendor will be required to perform accordingly. Responses not meeting all requirements may be rejected.

Responses taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

5. SHORTLISTING: The District may shortlist the Vendors based on responses to the above items. If necessary, the District will conduct interviews/demonstrations. The District will notify each qualified vendor 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 responses through exhibition and discussion. The District will not reimburse any costs associated with the oral presentation to the qualified vendor.

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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 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 RESPONSE: Vendor evaluation will be done based on the information provided by the

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

3. EVALUATION CRITERIA: As provided in Texas Education Code 44.031(b), 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. As per Texas Government Code 2254, pricing will not be an evaluation criteria for this qualifications-based solicitation.

(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 vendor’s past relationship with the District;

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

(7) 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

(8) any other relevant factor specifically listed in the solicitation.

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 responses received.

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

a. Signed; Proposal Form (Attachment A)

b. Vendor Questionnaire

c. Vendor Response

d. Exceptions to the Solicitation (Attachment B)

e. Felony Conviction Notice Form (Attachment C)

f. Conflict of Interest Form (Attachment D). Local Government Code Chapter 176 imposes disclosure/reporting obligations on vendors. Please complete and return Conflict of Interest Questionnaire Form CIQ.

g. EDGAR / TDA Certification Requirements (Attachment E)

h. Current, Signed W-9

i. Any additional documents required by the Solicitation.

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

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7. DISCLOSURES: By signing this RF Q response, 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 responses 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 responses and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful response 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

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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 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.

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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 vendor 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.

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.

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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…