6-2. RFP 26-029C - Front End Documents.pdf

REQUEST FOR COMPETITIVE

SEALED PROPOSALS

FOR

Samuel Clemens High School New Parking Lot Solicitation # 26-029C

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

December 3, 2026

SCUCISD is accepting competitive sealed proposal responses for the construction of a new asphalt parking lot at Samuel Clemens High School in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation. Supporting improvements include relocation and modification of the campus security fencing, installation of new vehicle and pedestrian gates with access control, sidewalks connecting the parking lot to the building and low-voltage infrastructure for security cameras. Project Magnitude: $1,900,000 - $2,100,000.

Civil Engineer: CDS Muery Engineers and Surveyors

AG/CM shall act as the District’s Construction Manager to assist with the distribution, evaluation, negotiations, and project management related to this project.

ADDENDA TO RFP. SCUCISD 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:

SCUCISD Purchasing & Supply Department Attn: Terri Canal, CPPB, CTSBO

1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

Email: tcanal@scucisd.org

RFP 26-029C - Clemens New Parking Lot Bid Documents

PROPOSAL SOLICITATION 00 1113 1-2

SECTION 00 1113

PROPOSAL SOLICITATION

FROM:

1.01 THE OWNER (HEREINAFTER REFERRED TO AS SCUC ISD):

A. Schertz Cibolo Universal City Independent School District 1060 Elbel Road Schertz, TX 78154

1.02 AND THE CIVIL ENGINEER (HEREINAFTER REFERRED TO AS ARCHITECT):

A. CDS Muery Engineers and Surveyors

1.03 SCHEDULE OF EVENTS:

Event Date Date Of Documents September 18, 2026 Solicitation Release November 5, 2026 Pre-Proposal Conference November 12, 2026, 2:00 PM Deadline For Written Questions November 30, 2026, 3:00 PM Last Addendum Release Date December 1, 2026, 4:00 PM Proposal Due Date December 3, 2026, 2:00 PM Tentative Board Approval December 17, 2026

1.04 TO: POTENTIAL OFFERORS

A. The Schertz Cibolo Universal City Independent School District ("SCUC ISD" or "Owner") of

Guadalupe County, Texas proposes to install a new parking lot at Samuel Clemens High School in Schertz, TX. Schertz Cibolo Universal City ISD (SCUC ISD) is requesting competitive sealed proposals for the work pursuant to Texas Education Code Sections 44.038. Proposals are to be submitted in accordance with this proposal solicitation and the accompanying instructions, as follows: SCUC ISD Purchasing Office, 1056 Elbel Road, Schertz, Texas before 2:00 pm local daylight time on the 3rd Day of December, 2026. Proposals will be read aloud after 2:00 pm.

B. Project Description: The Project to include but not limited to the following systems:

1. The primary scope of work is the construction of a new asphalt parking lot. Supporting improvements include relocation and modification of the campus security fencing, installation of new vehicle and pedestrian gates with access control, sidewalks connecting the parking lot to the building, and low-voltage infrastructure for security cameras.

C. Proposal Documents may be viewed at the district’s purchasing website located at https://scucisd.bonfirehub.com. Contractors and Subcontractors are responsible for knowing the entire scope of work that applies to the project. Note: Plans are not available at the office of the Owner.

D. Bidding requirements for this project are listed in Document 00 2113 - Instructions to Offerors.

E. Submit your offer on the Bid Form provided. Offerors may supplement this form as appropriate to provide information requested.

F. Your offer will be required to be submitted under a condition of irrevocability for a period of ninety

(90) days after submission.

https://scucisd.bonfirehub.com/

PROPOSAL SOLICITATION 00 1113 2-2

G. The Owner reserves the right to accept or reject any or all offers.

END OF PROPOSAL SOLICITATION

CONTRACT DOCUMENTS RFP 26-029C - Clemens New Parking Lot

INSTRUCTIONS TO OFFERORS 00 2113 1-12

SECTION 00 2113

INSTRUCTIONS TO OFFERORS

SUMMARY

1.01 DOCUMENT INCLUDES

A. Invitation

1. Proposal Submission

2. Intent

3. Work Identified in the Contract Documents

4. Contract Time

B. Proposal Documents and Contract Documents

1. Definitions

2. Contract Documents Identification

3. Availability

4. Examination

5. Inquiries/Addenda

6. Product/Assembly/System Substitutions

C. Site Assessment

1. Site Examination

2. Pre-Proposal Conference:

D. Qualifications

1. AIA Contractor Qualifications Statement

2. Subcontractors/Suppliers/Others

E. Proposal Submission

1. Proposal Depository

2. Proposal Ineligibility

3. Submission Procedure

F. Proposal Enclosures/Requirements

1. Consent of Surety

2. Performance Assurance

3. Insurance

4. Proposal Form Requirements

5. Fees for Changes in the Work

6. Proposal Form Signature

7. Additional Proposal Information

8. Selection and Award of Alternatives

G. Offer Acceptance/Rejection

1. Duration of Offer

2. Acceptance of Offer

1.02 RELATED DOCUMENTS [NOT USED]

INSTRUCTIONS TO OFFERORS 00 2113 2-12

INVITATION

2.01 PROPOSAL SUBMISSION

A. Proposals signed, executed, and dated will be received at the Schertz Cibolo Universal City ISD Purchasing Dept.,1056 Elbel Road, Schertz, TX 78154 before 2:00 p.m. local standard time on the 3rd day of December, 2026.

B. Proposals submitted after the above time shall be rejected and returned to the bidder unopened.

C. Proposals will be opened publicly immediately after the time for receipt of proposals in the Purchasing Department Conference Room, 1056 Elbel Rd, Schertz, TX 78154..

D. By submitting a proposal, the offeror represents that (i) the offeror has prior experience on construction projects of the same or similar type, nature and class as the Work; (ii) the offeror has read and understands the Proposal Documents and the Contract Documents; (iii) the proposal is made in accordance with the Proposal Documents; and (iv) the offeror has inspected the site, is familiar with the local conditions under which the Work is to be performed, and has correlated the offeror's site observations with the requirements of the Contract Documents.

E. By submitting a proposal, each offeror agrees to waive any claim it has or my have against the Owner, the Architect/Engineer, and their respective trustees, officers, shareholders, director, partners, agents, contractors, consultants and employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents; or the Contract Documents; acceptance or rejection of any proposals;

and award of the Contract.

2.02 INTENT

A. The intent of this Competitive Sealed Proposal request is to obtain an offer to perform work to complete the addition of a new student parking lot at SCUC ISD Samuel Clemens High School - 1001 Elbel in Schertz, TX 78154, for a Stipulated Sum contract, in accordance with the Contract Documents.

2.03 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS

A. Work of this proposed Contract comprises building construction, including the construction and installation of new security fencing and gates, electronic controls, safety and security controls, necessary site and fence demolition, and technology improvements.

2.04 CONTRACT TIME

A. Perform the Work within the allotted time. The works shall commence no later than 01 February 2027 and be finished no later than 07 May 2027.

B. The offeror, in submitting an offer, accepts the Contract Time period stated for performing the Work. The completion date in the Agreement shall be the Contract Time added to the commencement date.

C. Owner requires that under the work of this contract be completed as quickly as possible and consideration will be given to time of completion when reviewing the submitted bids.

INSTRUCTIONS TO OFFERORS 00 2113 3-12

PROPOSAL DOCUMENTS AND CONTRACT DOCUMENTS

3.01 DEFINITIONS

A. Proposal Documents: Contract Documents supplemented with Proposal Solicitation, Instructions to Offerors Proposal Form and other Division 0 and 1 documents identified.

B. Contract Documents: An AIA 201 – 2017 General Conditions of the Contract for Construction and an AIA 101 – 2017 Standard Form of Agreement Between Owner Contractor will be used for this project. This contract supersedes the language of the division 00 and 01 specifications.

These contract documents will be attached to this RFP for contractor review and reference.

C. Proposal, Bid, Offer, or Bidding: Act of submitting an offer.

D. Bid or Proposal Amount: Monetary sum identified by the Bidder or Offeror in the Bid Form. Any reference to Bid, Bids or Bidder in these documents means to offer a competitive sealed proposal as defined by the State of Texas. The Owner and Architect shall evaluate all proposals based on qualifications as defined in 00300 Information Available to Offerors (Bidders).

3.02 INTERPRETATIONS, CHANGES AND SUBSTITUTIONS:

A. Each offeror shall carefully study and compare the Proposal Documents with one another and with any existing work or work under construction; examine the site and local conditions; and promptly report to the Owner via Bonfire any suspected errors, inconsistencies or ambiguities.

Offerors may only request clarification or interpretation of Proposal Documents in writing, which request must be received by the Owner via Bonfire at least four business (4) days prior to the last date for submission of proposals.

1. IN NO EVENT SHALL REQUESTS FOR SUBSTITUTIONS BE ACCEPTED OR

CONSIDERED BY OWNER PRIOR TO THE AWARD OF THE CONTRACT. AFTER

AWARD OF THE CONTRACT, THE OWNER AND THE ARCHITECT MAY ACCEPT OR

REJECT ANY REQUEST FOR SUBSTITUTION IN THEIR SOLE DISCRETION.

2. Interpretations, corrections, and/or changes of or to the Proposal Documents will be made by written Addendum issued by the Architect. Any interpretations, corrections or changes of or to the Proposal Documents made in any other manner will not be binding. Addenda will be emailed to all persons known by the Architect/Engineer to have received a complete set of Proposal Documents. In addition, copies of Addenda will be made available for inspection wherever the Proposal Documents are on file as set forth in the Invitation to Offerors. No Addenda will be issued later than three (3) days prior to the last date for submission of proposals, except an Addendum withdrawing the request for proposals or which includes postponement of the date for receipt of proposals. Each offeror shall acknowledge the receipt of all Addenda issued in its proposal. Failure of an offeror to receive any such Addenda shall not relieve the offeror from any obligation under its proposal as submitted. Add Addenda so issued shall become a part of the Contract Documents.

3.03 FORM OF PROPOSAL:

A. Proposals shall be submitted on the prescribed form included in the Proposal Documents or on Offerors proposal form. All blanks on the Proposal Form shall be completed, in ink or typewritten, with sums expressed in both words and figures. In case of discrepancy between the words and the figures, the amount written in words shall govern. All requested alternates shall be included in the proposal, and if no change in the base proposal is required, the phrase “No Change” shall be inserted in the appropriate location. Each copy of the Proposal Form shall include the legal name of the offeror and shall indicate whether the offeror is a sole proprietor, partnership, corporation or other legal entity. Each copy of the Proposal Form shall be signed by the person or persons legally authorized to bind the offeror. A proposal by a corporation or other entity shall

INSTRUCTIONS TO OFFERORS 00 2113 4-12

include the state of incorporation or organization of the offeror, evidence of registration to do business in Texas and reasonable evidence of the authority of the person signing the proposal to bind the corporation or other entity.

B. Proposals shall be submitted with the supplemental information as listed below. In the order requested. Proposals shall be submitted with one (1) original document, one (1) paper copy and one (1) electronic copy using a USB storage device.

1) Proposal Binder Content

a. Tab 1 - Proposal Form 00 4100, Bid Bond, Certificates of Insurance

b. Tab 2 - Relevant Experience

1) AIA A305 Contractor’s Qualification Statement - Executed counterpart of the

Contractor’s Qualification Statement

2) List of Projects (size, scope, initial cost, final cost, number of change orders, start and completion dates)

c. Tab 3 - Project Management Ability

1) Firm Profile - information from AIA 305 Contractor's Qualification Statement need not be duplicated from Tab 2.

a) Year Founded

b) Number of offices

c) Distance of office to jobsite

d) Number of employees

e) Organizational Structure

f) Resumes of Project Manager and Project Superintendent showing relevant projects and experience.

g) Schedule for proposed project (Gantt, CPM or Bar Chart)

h) Insurance Documents containing safety records, including EMR.

d. Tab 4 - Past Performance

1) Reference Letters

2) List of References (with current contact information)

3) 00 4307 Hold Harmless Agreement - Executed counterpart of the Hold Harmless

Agreement attached to the Proposal

4) Project Safety Record – Provide a written record of all safety related claims filed for the last 3 years.

e. Tab 5 - Subcontractor and Supplier Support (00 4336 - List of Subcontractors)

1) List of subcontractors - A Schedule of the subcontractors and material suppliers, which the offeror proposes to use for the Work, utilize form provided in Section 00 4336. All spaces on the attached Schedule shall be completed, and should any particular item or trade not apply, the offeror shall mark “not applicable” in the appropriate space. Each offeror is advised that all persons, firms, corporations or other parties to whom the offeror proposes to award a subcontract hereunder must be acceptable to the Owner and Architect. The Schedule described herein is in addition to, and not limitation of, the requirements for submission and approval of subcontractors and suppliers contained in Article 5 of the General Conditions. The Owner may require evidence of a subcontractor’s bondability if the subcontractor’s contract exceeds $100,000.00 in the aggregate, and require any such subcontractor to obtain and deliver such bonds prior to commencement of any Work by the subcontractor. Insert a copy in Proposal Binder at Tab 5.

f. Tab 6 – Additional Documents

1) Document 00 4308 - Contractor's Asbestos Free Affidavit

2) Document 00 4310 - Partial Release of Liens

3) Document 00 4313 - Release of Liens

5) Document 00 4305 – Felony Conviction Notice

6) Attachment A- Exceptions to the Solicitation

7) Attachment B - Conflict of Interest Questionnaire

8) Attachment C – EDGAR Certification

INSTRUCTIONS TO OFFERORS 00 2113 5-12

3.04 CONTRACT DOCUMENTS IDENTIFICATION

A. The Contract Documents are identified as Clemens New Parking Lot, as prepared by CDS Muery

– Engineers and Surveyors located at 100 NE Interstate 410 Loop Ste 300, San Antonio, TX 78216

3.05 AVAILABILITY

A. Bid documents may be obtained at the SCUC ISD Bonfire website at https://scucisd.bonfirehub.com

B. Proposal Documents are made available only for the purpose of obtaining offers for this project.

Their use does not grant a license for other purposes.

C. Partial sets will not be issued.

D. File access by download of .pdf files of Proposal Documents will be available upon written request and completion of the digital document access agreement.

3.06 EXAMINATION

A. Immediately notify the Owner via Bonfire upon finding discrepancies or omissions in the Bid Documents.

3.07 INQUIRIES/ADDENDA

A. Direct all questions to SCUC ISD’s Bonfire website. No telephone or email inquiries will be responded to.

B. Addenda may be issued during the bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Amount.

C. Verbal answers are not binding on any party.

D. Clarifications requested by offerors must be in writing not less than 5 business days before date set for receipt of proposals. The reply will be in the form of an Addendum, a copy of which will be issued through Bonfire to all known recipients.

E. The Owner will only answer written requests. Answers will be in writing, issued through Bonfire and recorded in addenda.

3.08 PRODUCT/ASSEMBLY/SYSTEM SUBSTITUTIONS

A. Where the Bid Documents stipulate less than three (3) products/manufacturers, substitutions will be considered after award of the Contract, as long as substitutions meet or exceed specification requirements. Owner to be sole judge of equivalency of substituted product.

B. Where the Bid Documents stipulate three (3) or more equivalent products/manufacturers, substitutions will not be considered. Contractor shall provide one of the product/manufacturer identified in the Bid Documents.

C. The submission of a proposed substitution as discussed in Item A above, shall provide sufficient information to determine acceptability of such products and Offeror certifies that any substitution meets or exceeds specification and drawing requirements when a substitution is included in proposal. Owner reserves the right to reject substitution at any time prior to written acceptance.

https://scucisd.bonfirehub.com/

INSTRUCTIONS TO OFFERORS 00 2113 6-12

D. Provide complete information on required revisions to other work to accommodate each proposed substitution.

E. Provide products as specified unless substitutions are submitted in this manner and accepted.

F. See Section 01 6000 - Product Requirements for additional requirements.

SITE ASSESSMENT

4.01 SITE EXAMINATION

A. Examine the project site before submitting a bid. Project is located at 1001 Elbel Rd, Schertz, Texas 78154

B. The Offeror is required to contact AG|CM who is acting on behalf of Owner at the following phone number in order to arrange a date and time to visit the project site: Garrett Martin of AGCM is the Owners representative and he can be contacted 210.303.2014 or by email at gmartin@agcm.com.

4.02 PRE-PROPOSAL CONFERENCE

A. A non-mandatory Pre-Proposal conference has been scheduled for 2:00p.m. on Thursday, the 12th of November, 2026 at 1060 Elbel Road, Schertz, TX 78154. Contractor may also get a chance to see the site after. This meeting will take place in one of the district maintenance offices.

Ask the front desk attendant at the Malish Administrative Center for directions to meeting upon arrival.

B. All subcontract offerors and suppliers are invited.

C. Representatives of Architect and the Owner will be in attendance.

D. Information relevant to the Proposal Documents will be recorded in an Addendum, issued to Offerors via Bonfire.

QUALIFICATIONS

5.01 EVIDENCE OF QUALIFICATIONS

A. To demonstrate qualification for performing the Work of this Contract, offerors to submit written evidence with a Contractors Qualification Statement of previous experience and current commitments, license to perform work in the State of Texas and City of Schertz, Cibolo, Universal City.

5.02 SUBCONTRACTORS/SUPPLIERS/OTHERS

A. Owner reserves the right to reject a proposed subcontractor for reasonable cause.

B. Refer to General Conditions.

INSTRUCTIONS TO OFFERORS 00 2113 7-12

PROPOSAL PROCEDURES

6.01 SUBMISSION PROCEDURE

A. Offerors shall be solely responsible for the delivery of their proposals in the manner and time prescribed.

B. Double Envelope: Insert the closed and sealed Bid Form envelope plus requested bid bond, qualification forms, and other proposal supplements in a large opaque envelope and label this envelope as noted above.

C. Improperly completed information, irregularities in bid bond, shall be cause not to open the Bid Form envelope and declare the bid invalid or informal.

D. Proposals may not be faxed or emailed.

E. An abstract summary of submitted cost portion of proposals will be made available to all Offerors following proposal opening.

F. Notification of award will not be made until after formal action by the Schertz Cibolo Universal City ISD Board of Trustees.

6.02 MODIFICATION AND WITHDRAWAL OF PROPOSALS

A. A proposal may not be modified, withdrawn or canceled by an offeror for a period of ninety (90) days after the last date specified for receipt of proposals. Prior to the last date specified for submission of proposals, a proposal may be modified or withdrawn by notice to Owner at the place designated for receipt of proposals. Such notice shall be in writing and executed by the offeror, or by facsimile, telegram, or other similar electronic means. If by facsimile, telegram or other similar electronic means, written confirmation executed by the offeror shall be mailed and postmarked on or before the stated time set for receipt of proposals. Any modification shall be worded so as not to reveal the amount of the original proposal. Any proposal withdrawn may be resubmitted within the time designated for the submission of proposals.

6.03 ACCEPTANCE AND/OR REJECTION OF PROPOSALS

A. The Owner may request from an offeror a written interpretation of any term or statement in a proposal that is or appears unclear or subject to more than one interpretation, and may act upon such written interpretation. The Owner shall have the right to reject any or all proposals; to reject a proposal not accompanied by the required proposal documents or security; to reject a proposal which is in any way incomplete, irregular or nonconforming; or to reject a proposal which may otherwise be legally rejected for any reason. The Owner may waive any formality in any proposal to the fullest extent permitted by applicable law. The Owner shall have the right to accept alternates (if requested) in any order or combination unless otherwise specifically provided in the Proposal Documents, and may determine the lowest (dollar) offeror on the basis of the sum of the base proposal and any alternates accepted.

B. Except to the extent that applicable law prohibits such, and without limiting the generality of the foregoing, the Owner and may also consider, among other things; (i) the offeror's reliability, capacity, ability, character, experience, reputation, integrity, skill, efficiency, energy, stability and judgment; (ii) the satisfactoriness of Owner's previous dealings with the offeror including timely completion of work, compliance with laws, and warranty service; (iii) the offeror's personnel and facilities for carrying out the Work; (iv) the offeror's financial strength; (v) the offeror's safety record; (vi) the length of construction time proposal, if applicable; (vii) the probability of

INSTRUCTIONS TO OFFERORS 00 2113 8-12

satisfactory future maintenance, repair, and service to be performed by the offeror; and (viii) the number and scope of conditions, exceptions and exclusions included in the proposal

C. It is the intent of the Owner and Contractor to have as much discretion in the manner of awarding the contract and the determination of responsibility or non-responsibility of offerors as the law allows. Each offeror shall furnish to the Owner all such information and data reasonably requested by the Owner to help in determining the offeror's qualifications and responsibility.

D. Unless the Owner rejects all proposals, the Owner intends to award the Contract by means of competitive sealed proposals to the offeror that provides the best value, or in any other manner permitted by applicable law, including, without limitation, any means permitted under Texas Education Code, Section 44.031 et seq. The Owner may consider all relevant factors and circumstances which the law allows to be considered, including without limitation, the following:

1. the contract price;

2. the reputation of the contractor and of the contractor’s services;

3. the quality of the contractor’s services;

4. the extent to which the services meet the Owner’s needs;

5. the contractor’s past relationship with the Owner;

6. the impact on the ability of the Owner to comply with laws and rules relating to historically underutilized businesses;

7. the total long-term cost to the Owner to acquire the contractor’s services; and

8. any other relevant factor that a private business entity would consider in selecting a contractor

6.04 SELECTION CRITERIA

A. RELEVANT EXPERIENCE – (10 Points) - Information from proposal.

1. Experience as a general contractor with specific experience in facilities construction projects of the same or similar scope, size, nature and class as the Project proposed, including work performed in connection with a facility, which is occupied, and in use during construction.

Consideration will be given to Offeror’s years of experience with similar projects.

2. Representative projects (dollar value and/or scope/size) must be submitted as references and should include the project name, architect or engineer, cost of the project, the contact person and telephone number. Consideration will only be given to projects that are occupied or substantially complete. Multiple phased and occupied building projects may receive greater consideration.

B. PROJECT MANAGEMENT ABILITY – (20 Points) - Information from proposal.

1. The Offeror shall provide evidence of sufficient resources necessary to manage, staff, and successfully perform the work contemplated under this proposal. Provide a brief profile of the Offeror, including its principal line of business, the year founded, number and location of offices, and the number of employees. Identify any condition (bankruptcy, pending merger, pending litigation, planned office closures or others) that may enhance or impede the Offeror’s ability to perform the services.

a. The Offeror shall include a discussion of its organizational structure and indicate the number and qualifications of key personnel, including the designation of a project manager and project superintendent. Resumes of the project manager and project superintendent (including a description of relevant experience) shall be included by the Offeror. Project Manager and Project Superintendent's resume with the following information is required; Education, Years’ experience in construction and list of completed projects that must contain the following information; Project Name, Client Contact, Size in SF, Construction Cost, Year completed, Person's Role (project manager, superintendent, project engineer, etc), Construction company completed for.

The number of projects completed with relevant experience and of an equivalent

INSTRUCTIONS TO OFFERORS 00 2113 9-12

construction value will be counted and points awarded for number of completed projects by the evaluation team.

b. The Offeror shall include evidence of its ability to obtain the required bonds and insurance, and the ability to cover operating expenses. Such evidence includes pertinent bank, bonding company, and creditor references, with account numbers, points of contact, and telephone numbers.

c. Each Offeror shall be capable of furnishing payment and performance bonds, each in the amount of 100% of the contract sum. The Surety Company providing the bonds must be approved for the amount of the bonds by applicable laws of the State of Texas and by Owner and licensed to do business in the State of Texas and have a minimum A rating by A. M. Best.

d. The Offeror shall be otherwise qualified and eligible to receive an award and perform the contractor’s obligations in connection with the Project, under applicable laws and regulations.

e. The Offeror shall list additional project support available that would be utilized on this project to insure timely and quality completion.

f. Provide a list of all safety related claims over the last 3 years with any relevant information that would explain circumstances of claim.

C. PAST PERFORMANCE – (25 Points) - Information from proposal.

1. The contractor shall provide evidence in the form of a narrative description, reference letters, bar charts and any other form of additional information that attests to their past performance and addresses, at a minimum, Items (i) through (vii)) listed below. Contractors currently providing construction services to the Schertz Cibolo Universal City Independent School District should provide information from other clients. Past performance will be considered in the evaluation process, including but not limited to, the following:

a. Ability of contractor to remain on schedule.

b. Cooperation with owner of project and staff.

c. Proper and timely coordination of all trades and support personnel in completing the project.

d. Minimum number of major deficiencies on the substantial completion punch list.

e. Minimum number of warranty item call backs during the warranty phase, and warranty responsiveness.

f. Consistent demonstration of commitment to excellence in workmanship.

g. Fairness of Change Order pricing and execution

D. SUBCONTRACTOR AND SUPPLIER SUPPORT CAPABILITY – (15 Points) - Information from proposal.

1. The Offeror shall submit a schedule of proposed subcontractors for this Project. The Offeror should be capable of submitting resumes and references for each subcontractor listed, if requested by Owner.

E. PRICE PROPOSALS – (30 Points) Information from proposal.

1. The Owner will consider the total contract cost as part of its evaluation. The Owner shall have the right to accept alternates in any order or combination unless otherwise specifically provided in the Proposal Documents.

2. The Offeror submitting the lowest proposed amount shall receive the highest number of points in this category, and the Offeror submitting the highest proposed amount shall receive the lowest number of points awarded in this category.

F. PROPOSAL REVIEW COMMITTEE

1. The proposal review committee will include, but not be limited to, the Chief Financial Officer, Director of Purchasing, Director of Facilities, the Architect, Owner’s Representative (AGCM), and any applicable Architect’s consultants.

INSTRUCTIONS TO OFFERORS 00 2113 10-12

6.05 EVALUATION RATING CRITERIA AND METHODOLOGY

A. Per section 6.04 of this specification

B. Acceptance of Evaluation Methodology: By submitting its Proposals in response to this CSP, the Offeror accepts the evaluation process and methodology, and further, acknowledges and accepts that determination of the “best value” Offeror will require subjective judgments by the Owner.

6.06 PROPOSAL INELIGIBILITY

A. Proposals that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may at the discretion of the Owner, be declared unacceptable.

B. Failure to provide security deposit, bonding or insurance requirements may, at the discretion of Owner, be waived.

PROPOSAL ENCLOSURES/REQUIREMENTS

7.01 SECURITY DEPOSIT

A. Bids shall be accompanied by a security deposit as follows:

1. Bid Bond of a sum no less than 5 percent (5%) of the Bid Amount on AIA A310 Bid Bond

Form.

B. Endorse the Bid Bond in the name of the Owner as obligee, signed and sealed by the principal (Contractor) and surety.

C. The security deposit will be returned after delivery to the Owner of the required Performance and Payment Bond(s) by the accepted bidder.

D. Include the cost of bid security in the Bid Amount.

E. If no contract is awarded, all security deposits will be returned.

7.02 PERFORMANCE ASSURANCE

A. Accepted Offeror: Owner is requesting that cost for providing a Performance and Payment bond as described in General Conditions of the Contract, be provided prior to execution of the Owner Contractor Agreement.

7.03 INSURANCE

A. Provide an executed "Certificate of Insurance" on a standard form provided by the insurance company stating their intention to provide insurance to the bidder in accordance with the insurance requirements of the Contract Documents.

7.04 PROPOSAL FORM REQUIREMENTS

A. Complete all requested information in the Proposal Form and Appendices or on a form that is customary for the Offeror with similar information. The Owner reserves the right to request additional information that may assist them in selecting the best value offer to the Schertz Cibolo Universal City ISD.

B. Taxes: Refer to General Conditions for products that are tax exempt.

INSTRUCTIONS TO OFFERORS 00 2113 11-12

7.05 SALES AND USE TAXES

A. As a public school district, the work is tax exempt. Contractors are required to abide by tax codes for the State of Texas.

7.06 FEES FOR CHANGES IN THE WORK

A. Allowable fees for overhead and profit on own Work and Work by subcontractors is identified in Document Exhibit 1 - Amended General Conditions.

7.07 PROPOSAL FORM SIGNATURE

A. The Proposal Form shall be signed by the offeror, as follows:

1. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature. Affix seal.

2. Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the word "Partner" under each signature. Affix seal to each signature.

3. Corporation: Signature of a duly authorized signing officer(s) in their normal signatures.

Insert the officer's capacity in which the signing officer acts, under each signature. Affix the corporate seal. If the bid is signed by officials other than the president and secretary of the company, or the president/secretary/treasurer of the company, a copy of the by-law resolution of their board of directors authorizing them to do so, must also be submitted with the Bid Form in the bid envelope.

4. Joint Venture: Each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above, similar to the requirements of a Partnership.

7.08 PREVAILING WAGE RATES

A. As set forth in the Contract Documents, each offeror is advised that, if awarded the Contract, the offeror must comply with the requirements of V.T.C.A., Government Code 2258.001 et seq., with respect to the Work, and in this regard shall pay to and cause all of its subcontractors to pay not less than the general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work, as ascertained by the Owner.

7.09 SELECTION AND AWARD OF ALTERNATIVES

A. Indicate variation of proposal for alternatives listed in the Request for Competitive Sealed Proposal. Unless otherwise indicated, indicate alternatives as a difference in bid price by adding to or deducting from the base bid price.

B. Voluntary alternatives may be considered by the Owner, identify cost savings and provide detailed revision of materials, methods and manner in writing. Submit additional information as requested by the Owner to evaluate the Voluntary Alternate.

OFFER ACCEPTANCE/REJECTION

8.01 DURATION OF OFFER

A. Bids shall remain open to acceptance for a period of ninety (90) days after the bid closing date.

8.02 ACCEPTANCE OF OFFER

A. Owner reserves the right to accept or reject any or all offers.

INSTRUCTIONS TO OFFERORS 00 2113 12-12

B. After acceptance by Owner, a written Letter of Intent to Award will be issued to the successful offeror.

C. Time is of the essence, and the award of the Contract to the successful offeror is expressly conditioned upon (i) the offeror’s execution and delivery of the Contract Documents, and delivery of all required payment and performance bonds and evidence of insurance, within ten (10) calendar days after the successful offeror is notified of the acceptance of its proposal, and (ii) the offeror’s timely fulfillment of any and all other conditions expressly set forth in the Contract Documents. Should the offeror fail to timely execute and deliver the Contract Documents, the bonds and evidence of insurance, or fail to timely fulfill any other conditions to the Contract Documents and the commencement of the Work, the Owner may, at its option and discretion, without releasing, impairing or affecting its right to receive the proposal security as liquidated damages for such failure, rescind the award and thereafter award the Contract to another offeror, or may reject all proposals. There will be no contractual obligation of the part of the Owner to any offeror, nor will any offeror have any property interest or other right in the Contract of Work being proposal, unless and until the Contract Documents are unconditionally executed and delivered by all parties, and all conditions to be fulfilled by the offeror have either been so fulfilled by the offeror or waived in writing by the Owner.

END OF INSTRUCTIONS TO OFFERORS 00 2113

GENERAL TERMS AND CONDITIONS 00 3113 5-5

SECTION 00 3113

GENERAL TERMS AND CONDITIONS

Project Overview: The intent of this project is to complete the addition of a new student parking lot at SCUCISD Samuel Clemens High School - 1001 Elbel in Schertz, TX 78154.

Background: 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. The District currently has two (2) 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.

1. 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:

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

b. the provisions of the RFP Documents (as it may be supplemented).

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

2. 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 and to waive any minor informality.

3. All costs incurred in the preparation and submission of the Competitive Sealed Proposal response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, and provide samples and/or technical literature, all costs shall be borne by the Vendor.

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: [NOT USED] Refer to 00 2113 INSTRUCTIONS TO OFFERORS for details.

6. 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.

7. 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.

8. 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.

9. 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.

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

11. 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.

12. 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.

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. Changes in Scope of Work. Owner may request additional Work or changes in the Work as the project progresses. If so, changes in the Scope of Services shall be initiated by a written change order signed by an authorized representative of each party. The change order shall describe the Work to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal change orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a writing signed by an authorized representative of each party.

15. 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.

16. 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.

17. Unrestricted Quantities: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

18. Jobsite Inspection. Contractor acknowledges that its representatives have inspected the jobsite and clearly understand the requirements of the Work to be performed, the jobsite conditions, particulars of the building construction as they will affect the Work and Contractor's installations, building occupancy patterns, utility locations, and other conditions likely to affect Contractor's performance.

19. Time Extensions. Extensions of the time schedule shall be allowed only for Force Majeure conditions or otherwise as mutually agreed to in writing by the parties.

20. Laws, Regulations & Standards. Contractor shall be responsible for compliance with all Federal, State, and local laws and regulations, permit requirements and ordinances that may affect the Contract or the Work, including notifications required by law, regulation, ordinance or rule, and for compliance with current standards and codes of technical societies that have been adopted by law or regulation. Laws and regulations governing Owner as a political subdivision of the State are incorporated into the Contract for all purposes. Contractor shall ensure that any subcontractors engage properly licensed and experienced plumbers, electricians, electronics installers, and other trades people to perform their respective portions of the Work.

21. Jobsite Cleanup; Pollution. Contractor shall haul away and properly dispose of construction debris and leave the jobsite "broom clean." Contractor, its subcontractors and suppliers shall handle, transport, use and dispose of fuels, hydraulic fluid, lubricants, cleaning compounds and other potential pollutants in accordance with applicable laws and regulations. Any wastes, liquids, paints or other pollutants shall be handled, transported and disposed of properly, as required by applicable laws and regulations. If Contractor's personnel are in doubt about proper handling, transportation, use or disposal methods, they shall not proceed until the question is resolved. Contractor shall be liable for the cost of environmental cleanup necessitated by spills or leaks at or near the jobsite or improper handling, transportation, use or disposal of any of these products by Contractor's personnel, subcontractors or suppliers.

Contractor agrees to pay any fines, administrative penalties, or other costs imposed as a result of Contractor's failure to comply with these requirements.

22. Force Majeure. Neither party shall be liable for delays, nonperformance, damage or losses due to causes beyond its reasonable control, including but not limited to action of the elements, severe weather, fires, floods, sabotage, government or regulatory action including withholding of approvals, or delays beyond the control of suppliers or subcontractors. A party whose performance is hindered or delayed shall use its best efforts to reduce the length of the delay and to mitigate the effects of it.

23. Assignment. Contractor may not assign this Contract without the consent of Owner.

Attempted assignment, subletting, or delegation of this Contract, including obligations under it, without the written consent of Owner shall be void.

24. 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.

25. 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.

26. Termination for Convenience.