ESBD_400727_1741292161114_25-015V Long-Range Facility Planning and bond Assistance.pdf

REQUEST FOR QUALIFICATIONS

FOR

LONG-RANGE FACILITY PLANNING AND BOND

ASSISTANCE

Solicitation # 25-015V

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

March 27, 2025

The SCUCISD is soliciting Statement of Qualifications from firms (“Vendor”, “Proposer”, “Provider”, “Firm” or “Contractor”) to provide services focusing on Long-Range Facility Planning and Bond Assistance; to include conducting a Capacity Analysis, creating Educational Specifications and performing and reviewing a Facilities Condition Assessment in accordance with the specifications, terms and conditions, contained in this Solicitation.

ADDENDA TO RFQ. 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 RFQ in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFQ. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://scucisd.procureware.com to receive any addenda, submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUCISD Purchasing & Supply Department Attn: Aaron Miranda

1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

FX: 210-945-6251

Email: amiranda@scucisd.org mailto:amiranda@scucisd.org

Schertz-Cibolo-Universal City ISD Solicitation No. 25-015V Long-Range Facility Planning and Bond Assistance Page 2 of 34

Values

Leadership, Character, Commitment, Service, Learning

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.

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

SECTION 5 – REQUIRED FORMS

EXHIBIT A – SAMPLE CONTRACT

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SECTION 1: INSTRUCTIONS

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

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

Cost or price-related evaluation factors will not be included in phase one. At the conclusion of phase one (RFQ), the three highest ranking qualified respondents will be shortlisted and invited for interviews as part of phase two of the selection process.

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

c. Bids/Proposals will be received electronically via our ProcureWare electronic marketplace at https://scucisd.procureware.com. All submissions will remain sealed and be opened on March 27, 2:00 PM, local time.

d. QUESTIONS: Questions regarding this RFQ must be submitted in writing via https://scucisd.procureware.com on or before March 21, 2025 4:00 PM.

e. PRE-PROPOSAL MEETING: Not Applicable

f. PROPOSAL GUARANTEE: Not Applicable

g. NUMBER OF COPIES: Unless submitted via our electronic market place, ProcureWare, One (1) original, (3) copies, and one (1) electronic copy on a flash/thumb drive must be submitted to the Purchasing Department with on clearly marked “ORIGINAL”.

h. Offers may be hand carried or mailed in a sealed envelope/package clearly marked with the offering company's name, return address, the RFQ number and opening date and time to 1056 Elbel Rd., Schertz TX, 78154.

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

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

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

l. 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, and 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.

m. Any Proposals submitted in response to this Request for Qualifications 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.

n. SCUCISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions –

Central Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

o. Submission of a Proposal shall be construed to mean that the Vendor agrees to carry out all of the conditions set forth in this document. Any proposed variation from the specifications, terms and conditions shall be clearly identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment D. If no changes are indicated, the Proposer must provide the services exactly as specified.

https://scucisd.procureware.com/

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

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

2. RFQ CLARIFICATION: Questions regarding this RFQ should be submitted via https://scucisd.procureware.com. Answers citing the question will be distributed simultaneously to all known prospective offerors through Procureware. Oral answers provided by SCUCISD or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

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

4. COMPLETENESS: Proposal shall be complete in all aspects as indicated. A Proposal may be rejected if it is conditional or incomplete, or it contains irregularities of any kind.

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

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

7. AWARD: SCUCISD will award the contractor who presents the greatest value to SCUCISD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the District to be in the best interest of SCUCISD. The award will not be determined by costs alone but upon 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:

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

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

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

9. CONTRACT PERIOD: Upon execution of the contract (Estimated: May 2025) through December 31, 2026. The District reserves the right to extend the contract awarded until completion of any projects initiated through this agreement. Such extension(s) will be at the option of the District, subject to same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District.

10. SCHEDULE OF EVENTS

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

RFQ Release Date March 6, 2025 Final Questions Accepted March 21, 2025 4:00 PM Addendum Issued March 24, 2025 Proposals Due / Bid Closing March 27, 2025, 2:00 PM Interviews April 7-10, 2025 TBD Board Approval April 15, 2025

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SECTION 2 – SPECIFICATIONS

OVERVIEW: Schertz-Cibolo-Universal City Independent School District (District) hereby requests professional firms to submit their qualifications in order to provide services focusing on Long-Range Facility Planning and Bond Assistance, to include conducting a Capacity Analysis, creating Educational Specifications and performing and reviewing a Facilities Condition Assessment. The selected provider will collaborate closely with district leadership, staff, and community stakeholders to develop a strategic approach to facility management and potential bond initiatives. The District intends to select a single professional firm for the services outlined in this RFQ.

The District shall select professional firms under contract that are deemed ‘most qualified’ for future endeavors based on the published selection criteria and on the District’s determination of ‘most qualified’ in accordance with Texas Government Code Chapter 2254, Subchapter A. The District makes no guarantee of volume, usage, or total compensation to be paid to any A/E under any awarded Contract, if any, resulting from this Solicitation.

A. GENERAL INFORMATION:

1. SCUCISD serves the cities of Schertz, Cibolo, Universal City and rural areas of northeast Bexar County as well as southwest Guadalupe County with its boundaries extending over a 73 square mile area.

2. The District currently has three (3) high schools, one (1) alternative education center, two (2) junior high schools, three (3) intermediate schools, and eight (8) elementary schools with instruction to approximately 15,475 students. Additionally, the District has two (2) administrative facilities dedicated to operations and professional development.

B. MINIMUM REQUIREMENTS:

To be considered for selection, Respondents must meet the following minimum qualifications at the time of submission. Failure to meet any of these requirements may result in disqualification from further consideration.

1. Respondent must be an established firm with at least five (5) years of continuous experience providing long-range facility planning, bond planning, and related services to public school districts in Texas. Experience may include architectural, engineering, or planning expertise. Preference may be given to firms with experience working with districts of similar size and demographics to SCUC ISD.

2. Respondent must provide documentation confirming legal authority to conduct business in the State of Texas. This includes:

i. Certificate of Status from the Texas Secretary of State, OR

ii. Assumed Name Certificate if operating as a general partnership or sole proprietorship.

If the firm provides architectural or engineering services as part of this work, those services must be performed by licensed professionals in the State of Texas in good standing with the Texas Board of Architectural Examiners or the Texas Board of Professional Engineers and Land Surveyors.

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

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.

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C. SCOPE OF SERVICES:

1. Long-Range Facility Planning

The firm will evaluate and update the Schertz Cibolo Universal City Independent School District's Long-

Range Facility Plan (LRFP) in accordance with Texas Education Agency (TEA) standards. This process will include:

a. Developing tailored education specifications that reflect Schertz Cibolo Universal City Independent

School District's unique educational programs and community priorities.

b. Documenting the district's teaching and learning approach and evaluating how each school supports these goals.

c. Conducting a thorough capacity analysis for each campus within Schertz Cibolo Universal City

Independent School District.

d. Performing a comprehensive review and assessment of all district facilities, including evaluation of building systems, finishes, materials, and site conditions.

e. Identifying life-safety issues, maintenance needs, lifecycle replacement items, and substandard educational conditions.

f. Providing a detailed list of items requiring attention, maintenance, or repair over the next ten years, along with associated budget estimates.

g. Developing potential project timelines, probable cost estimates, and design solutions for items identified by the Bond Planning Committee.

h. Analyze demographic trends and enrollment projections

i. Evaluate educational program needs and their impact on facility requirements

2. Bond Planning Committee Support

The firm will assist Schertz Cibolo Universal City Independent School District in forming and supporting a Bond Planning Committee for a potential May 2026 bond election. Services will include:

a. Providing advisory services to enhance committee effectiveness and ensure alignment with the overall campaign strategy.

b. Developing meeting facilitation plans, agendas, and supporting materials for the bond planning committee.

c. Assisting with organizing and facilitating committee meetings.

d. Collaborating on community outreach initiatives and engagement plans to gather stakeholder input.

e. Provide educational materials on school finance, bond processes, and facility planning.

f. Consider potential projects for a bond referendum and reach a consensus on prioritized recommendations for the SCUC ISD Board of Trustees.

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3. Bond Campaign Strategy and Communications

The firm will work closely with Schertz Cibolo Universal City Independent School District's communications staff to develop and implement a comprehensive bond campaign strategy. This will encompass:

a. Developing an overarching strategy including message development, target audience identification, and media outreach.

b. Creating and supporting the implementation of specific tactics for branding, storytelling, and community engagement.

c. Developing both internal and external communications and marketing materials.

d. Providing crisis communications and rapid response strategies to address potential opposition to bond components.

e. Offering training on addressing bond-related inquiries, crafting talking points, and implementing communication strategies.

f. Ensuring all messaging adheres to ethical standards and election laws.

g. Utilizing voting analytics to inform community outreach strategies.

4. Contract Agreement. As needs are identified, the District shall utilize the pre-qualification list to select a firm to perform the services requested for each project. The Offeror should be prepared to sign either an AIA Document B102-2017, Standard Form of Agreement Between Owner and Architect or a District Construction Contract (sample attached as Exhibit A) depending upon the complexity of the proposed project. Any objections to the contract must be indicated in the submitted proposal via a redlined version of the contract provided.

5. Consultant Responsibilities and Compliance

a. Engineer, Mechanical Engineer, and Electrical Engineer are essential services, and the Architect will typically coordinate the work of these professionals as part of his Basic Service. As the Owner, the District sometimes sees advantages in hiring other consulting engineering professionals directly and if so we would discuss the relationship with the successful Architect in further detail as well as the firms the Architect chooses as part of their basic services. However, the Architect shall 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.

b. Licenses and Certifications. The Proposer shall be appropriately licensed to perform the Work.

Proposer shall possess at the time of proposal opening all required licenses and certifications. The Proposer shall be responsible for all costs associated with obtaining and maintaining all required licenses, certifications, and permits. Copies of all licenses and certifications shall be submitted with the response.

c. 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.

d. 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.

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

a. 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.

b. 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.

c. 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

d. l 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.

e. 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.

f. 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.

g. 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:

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

Organizational Overview and Demonstrated Qualification of the Firm 20 Long-Range Facility Planning 25 Bond Planning Committee Assistance 30 Bond Campaign Strategy and Communications 15 References 10

ORGANIZATIONAL OVERVIEW: Evaluation will be based on the adequacy and completeness of the organizational overview and the resumes that demonstrate the ability of individuals identified in the proposal to complete the task.

a. Describe the organizational structure and team strength.

b. Demonstrate the Team has the capacity, expertise, and flexibility to assist with the comprehensive services listed in the Scope of Work.

c. Include resumes of no more than one page for each key team member who will likely be assigned to the projects. We are looking for resumes of personnel that SCUC ISD will work closely with on the project.

d. Showcase your Team: Provide experience on how you have succeeded on one or more of the following challenges: saved your client time and effort; protected client from costly mistakes; collaborated with a team for a higher level of success. This will be used to differentiate your firm from others.

LONG-RANGE FACILITY PLANNING: Evaluation will be based on the demonstrated ability of the firm to provide the services relating to the Long-Range Facility Planning outlined in the Scope of Work.

a. Provide a Proposal describing the approach and timeline to the Scope of Work.

b. Describe your firms’ capabilities and team experience and how it will be used on this project.

c. Demonstrate ability to work with District level staff.

BOND PLANNING COMMITTEE ASSISTANCE:

BOND CAMPAIGN STRATEGY AND COMMUNICATIONS:

d. Describe how your firm will utilize voting analytics to develop a strategy to inform the community.

REFERENCES: References should demonstrate educational expertise and the ability to carry out the Scope of Work.

a. Provide (3) references from clients for whom similar services were performed. References should document the services that were provided. It is recommended that the Proposer show school districts or other local government organizations equal to SCUC ISD in size and structure, if possible. Note: Failure to supply complete reference information may be grounds for proposal disqualification.

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

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a. Each proposal submitted in response to this RFQ shall focus on the above criteria. The Evaluation shall also consider those factors listed in TGC 2254 in this solicitation. Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

2. GENERAL SUBMITTAL REQUIREMENTS:

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

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

1) All forms contained or listed in Section 5 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.)

3. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA:

• Attachment B – Vendor Questionnaire

• Attachment C – Statement of Qualifications

• Attachment D – Exceptions to the Solicitation

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

Each exception must be clearly defined and referenced to the proper paragraph in this Solicitation or in a redlined version of Exhibit A. The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly.

Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

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SECTION 4: GENERAL TERMS AND CONDITIONS

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

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

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

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

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

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

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

(4) the vendor's past relationship with the District;

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

(6) for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

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

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

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

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

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

a. Signed; Proposal Form

b. Vendor Questionnaire & References

c. Statement of Qualifications

d. Exceptions to the Solicitation

e. Felony Conviction Notice Form

f. Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure / reporting obligations on vendors. If a conflict exists, please complete and return Conflict of Interest Questionnaire Form CIQ.

See https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf for information.

g. Proposer W-9

h. TDA & EDGAR Certification Requirements

i. Any additional documents required by the Solicitation.

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

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

http://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf http://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf http://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

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

a. Membership. SCUCISD 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 SCUCISD 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 and 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 contract award.

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

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

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

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

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

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

14. INDEMNITY: Vendor shall indemnify and hold harmless the SCUCISD and its Board of Trustees, officers, agents, 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 SCUCISD incurs 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 vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

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

17. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause and without penalty to the District. In the event of termination by the District prior to completion of the contract, compensation shall be prorated on the services actually performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination. Contractor may terminate with a written 60-day notification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed 1295 Form upon request before any award of 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 SCUCISD 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”. A Sample Form can be found on our Purchasing Department website under Vendors and Contractors.

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

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

30. 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 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.

http://www.ethics.state.tx.us/ http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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

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

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

a. Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#); quantities; item descriptions, unit prices and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain PO # from the District for each separate order/invoicing.

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

32. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government

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

33. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the

Contractor has at least ten (10) full time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

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

35. PURSUANT TO…