ESBD_File_343914_24-004V District-Wide Elevator Maintenance Services.pdf

Revised August 21, 2023

REQUEST FOR PROPOSALS

FOR

District-Wide Elevator Maintenance Services Solicitation # RFP24-004V

Issued By: Tina Canter

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

January 11, SCUCISD is accepting proposals to provide District Wide Elevator Maintenance Services in accordance with the instructions, specifications, terms, and conditions contained in this Solicitation.

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.procureware.com to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUCISD Purchasing & Supply Department Attn: Tina Canter

1056 Elbel Road, Schertz, TX 78154

PH: 210/945-6223

FX: 210/945-6251

Email: tcanter@scuc.txed.net https://scucisd.procureware.com/

Schertz-Cibolo-Universal City ISD Page 2 of 35 Solicitation No. 24-004V District-Wide Elevator Maintenance Services

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

Call to Action

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

Values

Leadership, Character, Commitment, Service, Learning

Schertz-Cibolo-Universal City ISD Page 3 of 35

SECTION 1 - INSTRUCTIONS

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

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

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

c. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically via our ProcureWare electronic marketplace at https://scucisd.procureware.com until January 11, 2024, 2:00 PM, local time.

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

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

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

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

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

i. 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.

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

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

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

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

2. RFP CLARIFICATION: Questions regarding this RFP should be submitted via https://scucisd.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

Schertz-Cibolo-Universal City ISD Page 4 of 35

-- via a signed addendum or amendment from the District Purchasing Office.

DEADLINE FOR QUESTIONS: Questions regarding this RFP must be submitted in writing via Procureware at https://scucisd.procureware.com on or before December 14, 2023 @ 2:00 PM.

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

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

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

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

7. AWARD: SCUCISD will award to the contractor(s) who presents the greatest value, in our view, 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. Thus, the result will not be determined by price alone but by the applicable criteria as listed under EVALUATION CRITERIA.

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

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

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

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

9. CONTRACT PERIOD: The District intends to award the contract to begin on February 1, 2024. The contract term shall include an initial one-year period with up to four (4), one-year renewal options. Such extension(s) will be at the discretion of the District, subject to the same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District with no minimum guaranteed amount.

10. SCHEDULE OF EVENTS

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

RFP Release Date December 1, 2023 Final Questions Accepted December 14, 2023 Final Answers Posted to Website December 18, 2023 Proposals Due January 11, 2024 Contract Begin Date February 1, 2024

Schertz-Cibolo-Universal City ISD Page 5 of 35

SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

OVERVIEW: Schertz-Cibolo-Universal City ISD (District) is accepting Proposal Responses from qualified vendors to provide District-Wide Elevator Maintenance Services.

A. GENERAL INFORMATION:

1. DISTRICT DEMOGRAPHICS

a. 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.

b. SCUCISD provides instruction to approximately 15,475 students in a predominately rooftop community.

The District currently has 17 campuses, which include three (3) high schools, one (1) alternative education center, two (2) junior high schools, three (3) intermediate schools, and eight (8) elementary schools.

c. SCUCISD is one of the largest employers in Guadalupe County, Texas with approximately 1,925 employees.

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

a. The Proposer and its key personnel assigned to the District must have a minimum of five (5) years’ experience providing elevator maintenance services & repair as listed in this RFP.

b. The Proposer and its key personnel must have worked on a minimum of three (3) comparable projects.

c. The Proposer must submit copies of all applicable licenses and/or certifications with package.

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

a. The Proposer and its key personnel assigned to the District must have ten (10) years’ experience providing elevator maintenance services & repair as listed in this RFP.

b. The Proposer and its key personnel must have worked on at least six (6) comparable projects.

c. The Proposer must submit copies of all applicable licenses and/or certifications with package.

B. SPECIFICATIONS OR SCOPE OF SERVICES:

Contractor Responsibilities

1. OFFEROR SHALL provide a receipt, signed by a member of each facility’s staff, after each elevator is serviced, to the SCUC ISD Maintenance and Facilities Department, ATTN: Terry Rappmund, 1060 Elbel Road, Schertz, TX 78154. Telephone: (210)945-6206. Email: trappmund@scuc.txed.net. The receipt shall outline any work performed at the time of service or inspection. These receipts shall be forwarded to SCUC ISD monthly with a detailed report (excel spreadsheet) to be determined.

2. OFFEROR SHALL use skilled-trained personnel, supervised, and directly employed by the Offeror. Said personnel shall be qualified to keep the equipment adjusted and maintained in a clean, proper, and safe operating condition.

mailto:trappmund@scuc.txed.net

Schertz-Cibolo-Universal City ISD Page 6 of 35

a. ALL REGULAR WORK will be performed during the hours of 7:30 a.m. to 4:00 p.m., Monday through Friday, unless prior arrangements are made with SCUC ISD Director of Facilities and Construction, JD Mosley, 1060 Elbel Road, Schertz, TX 78154. Telephone: (210)945-6206. Email:

jmosley@scuc.txed.net or his designee.

3. OFFEROR SHALL provide a 24-hour, 7-day-a-week emergency callback service. Offeror shall respond to an emergency call back service request within one (1) hour. As a note, the emergency service may not be required by SCUC ISD and may be pulled from the proposal.

4. OFFEROR SHALL contact the Maintenance & Facilities designated contact to obtain approval to perform any work outlined in this proposal prior to arriving at any District facility (See B.1).

5. OFFEROR SHALL provide and keep current check charts for elevator. One shall be kept in an appropriate area of the building in which the elevator is located; a hard copy shall be turned over to the appropriate District staff point of contact for review. Upon completion of maintenance, the contractor properly initials the chart to indicate the work has been completed.

6. OFFEROR SHALL, at least once each quarter, systematically examine, adjust, lubricate, and, if conditions warrant, repair, or replace the:

a. Machine: Including worm, gear, thrust bearings, drive sheave, sheave shaft bearings, brake coil, brake linings, and components.

b. Pump Unit: Including pump, v-belt, strainers, silencers, springs, and gaskets.

c. Motor: Including motor windings, bearing, rotating element, commutators, brushes, brush holders, contacts, relays, resistors, and packing.

d. Motor Generator: Including windings, bearings, rotating element, commutators, brushes, and brush holders.

e. Jack Unit: Including plunger, guide bearing, packing, and packing gland.

f. Controller: Including relays, resistors, contacts, coils, leads, transformers, fuses, timing devices, and solid waste components.

g. Valves: Including relief valve, pilot, lowering, leveling, and checking valves; or any of the parts thereof.

h. Dispatching Equipment: Including relays, resistors, contacts, coils, leads, fuses, transformers, timing devices, and solid waste components.

i. Selector: Including relays, resistors, contracts, coils, leads, fuses, transformers, timing devices, and solid-state components.

j. Governor: Including sheave, bearings, shafts, contacts, and governor jaws.

k. Car: Including power door operator, door protective devices, car door hangers, car door contact, loading weighing equipment, car safety devices, car guide shoes, and sub flooring.

l. Hoist Way: Including defector sheave, secondary sheaves, buffers, governor tension assemblies, guide rails, limit switches, compensating sheave assemblies, compensating chain, or cables, traveling cables, hoist way and machine room wiring, hoist way door interlocks, hoist way door hangers and gibs, and auxiliary closer.

m. Accessory Equipment: Including all accessory elevator equipment installed prior to or during this contract period.

mailto:jmosley@scuc.txed.net

Schertz-Cibolo-Universal City ISD Page 7 of 35

n. Fixtures: Car and call button stations, master indicator control panels, all signal fixtures including contacts, buttons, key switches and locks, phone communication system, lamps, and sockets.

o. Wire Ropes: Will be renewed as often as necessary to maintain an adequate factor of safety and equalize the tension on all hoisting ropes.

7. OFFEROR SHALL provide lubricates that meet or exceed the elevator manufacturer's specifications.

8. OFFEROR SHALL provide hydraulic fluid that meets or exceeds the elevator manufacturer's specifications.

9. OFFEROR SHALL be required to make an annual safety test of all elevators and to make a capacity test of all elevators, as required by the local agency having authority. This must be included in the proposal.

a. All tests are to conform to those prescribed by the current Uniform Building Code – City of Cibolo and City of Schertz 1994 or latest, ANSI/ASME – 1997 or latest, the American National Standard Safety Code for Elevators and the American National Standard Practice for the Inspection of Elevators.

10. OFFEROR SHALL coordinate all tests with the local agency having City of Schertz and City of Cibolo authority and an independent certified inspector of the Districts’ choosing.

a. The district will bear all costs of the independent certified inspector and all operating or inspection fees required by the local agency having authority.

11. NO ELEVATOR SHALL be removed from service for routine examination or repair without prior clearance from the Facility Administrator (FA). The Maintenance Department will clarify who FA is. When an elevator is out of service, “Out of Service” signs shall be placed at all floors served by the elevator.

12. OFFEROR SHALL assume no responsibility for the following: Car enclosure, car lighting, car handrails, hoist way enclosure, hoist way gates, door frames and sills, cylinders, plungers, and buried piping on hydraulic elevators.

13. SCUC ISD reserves the right to add additional units to or remove units from the maintenance service agreement during the life of the contract. A contract modification must be completed in writing to add and/or remove units.

14. The preventative maintenance specified herein is considered the minimum for all equipment. If specific equipment covered by this contract requires additional preventive maintenance for safe reliable operation, as specified by the manufacturer, the Contractor shall perform the required additional preventive maintenance without added cost to the District.

15. OFFEROR SHALL submit all necessary maintenance requirements to SCUC ISD Director of Facilities and

Construction, JD Mosley, 1060 Elbel Road, Schertz, TX 78154. Telephone: (210)945-6206.

Email: jdmosley@scuc.txed.net or his designee for review and approval prior to any repair and maintenance outside of contracted services being performed.

16. EQUIPMENT DESCRIPTION AND FACILITY LOCATIONS

FACILITY

Samuel Clemens HS -Science Wing

TYPE

Pass.

DESIGN

Hyd.

MAKE

Dover

LANDING/OPENING

2/2

Samuel Clemens HS – E Wing Pass. Hyd. US 2/2 Samuel Clemens HS – Pac Center Pass. Traction Schindler 2/2 Lehnhoff Stadium – Press Box Pass. Hyd. Schindler 3/3 Dobie Jr. HS Pass. Hyd. Dover 2/2 mailto:jdmosley@scuc.txed.net

Schertz-Cibolo-Universal City ISD Page 8 of 35

Corbett Jr. HS Pass. Hyd. Thyssen Krupp 2/2 Byron P Steele HS – Auditorium Pass. Hyd. Schindler 2/2 Byron P Steele HS – G Wing Pass. Hyd. Schindler 2/2 Byron P Steele HS – Q Wing Pass. Hyd. Schindler 2/2 Allison Steele Complex – 2 Story Addition Pass. Hyd. Dover 2/2 Cibolo Valley Elementary Pass. Hyd. Schindler 2/2 Rose Garden Elementary Pass Traction. Thyssen Krupp 2/2

17. FACILITY LOCATIONS

FACILITY ADDRESS CITY ZIP

Samuel Clemens HS 1001 Elbel Road Schertz, TX 78154 Lehnhoff Stadium 1100 Elbel Road Schertz, TX 78154 Corbett Jr. HS 1200 Ray D. Corbet Dr Schertz, TX 78154 Dobie Jr. HS 705 Borgfeld Road Cibolo, TX 78108 Byron P Steele HS 1300 FM 1103 Cibolo, TX 78108 Allison Steele Complete 204 Wright Ave Schertz, TX 78154 Cibolo Valley Elementary 4093 Green Valley Road Cibolo, TX 78108 Rose Garden Elementary 10414 E. FM 1518 Schertz, TX 78154

END OF SECTION

Schertz-Cibolo-Universal City ISD Page 9 of 35

SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

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

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

District shall consider and score the following criteria.

• Cost

• Services Proposed

• Proposed Pricing

• Experience and Qualifications

• Response to RFP

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

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 RFP, fully completed.

2) Proposer must provide a history and description of their company and its capabilities with regards to this project (See Vendor Questionnaire in Section 5 for instructions).

3) Evidence showing that the Proposer meets each of the minimum qualifications listed in the scope of work (Section 3) of this RFP.

4) 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.)

5) The company’s current component price list.

6) Proof of licensing to perform the work described herein issued by the authority having jurisdiction over such matters as determined by the applicable law. Attach a photocopy of current license(s).

7) Current Certificate of Liability Insurance.

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

a. Attachment B – Vendor Questionnaire

b. Attachment C – Price Schedule

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

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

Schertz-Cibolo-Universal City ISD Page 10 of 35 rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

5. SHORTLISTING: The District may shortlist the Proposers based on responses to the above items. If necessary, the District will conduct interviews/demonstrations. The District will notify each Proposer on the shortlist if such a presentation is required. These presentations will provide an opportunity for the Proposers to respond to questions posed by the evaluators and to clarify their proposals through exhibition and discussion.

The District will not reimburse any costs associated with the oral presentation to the Proposer.

Schertz-Cibolo-Universal City ISD Page 11 of 35

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 Proposals will be evaluated at the sole and absolute discretion of the Schertz- Cibolo-Universal City Independent School District and its designees. The District shall consider the following criteria.

(1) the purchase price;

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

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

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

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

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

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

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

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

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

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

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

a. Signed; Proposal Form

b. Vendor Questionnaire and References

c. Price Schedule

d. Felony Conviction Notice Form

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

f. 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.

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 chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Schertz-Cibolo-Universal City ISD Page 12 of 35 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 any appropriate funds for payment of the contract.

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

a. Any additional agreements/contracts to be signed by 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, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUCISD incur defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of the vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

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

The Contractor will be free to contract for similar services to be performed for other employers while Contractor

Schertz-Cibolo-Universal City ISD Page 13 of 35 is under contract with District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

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

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

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

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

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

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

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

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

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

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

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

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

Schertz-Cibolo-Universal City ISD Page 14 of 35 effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

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

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

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

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

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

27. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a notarized Form 1295 before any award of the contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015.

HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters into a contract with 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.

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

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

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

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

29. 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 https://www.scuc.txed.net/site/handlers/filedownload.ashx?moduleinstanceid=33&dataid=73&FileName=hb1295%20instructions%2008312016_mjr_.pdf https://scuctrial-my.sharepoint.com/personal/tcanter_scuc_txed_net/tcanal/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/AppData/Local/Microsoft/Issued/20-031V%203rd%20Party%20Medicaid%20Billing%20Srv/Issued/19-020S%20ELAR%20Instructional%20Materials%20K-4/tcanal/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/A4LE95V8/www.ethics.state.tx.us http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

Schertz-Cibolo-Universal City ISD Page 15 of 35 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.

30. 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.

31. 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.

32. INSURANCE

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

(A) Workers' Compensation

Coverage A - statutory Coverage B - $100,000 employer's liability

(B) General Liability Bodily Injury $1,000,000 per occurrence Property Damage $2,000,000 per occurrence

(C) Automobile Liability (Including owned or leased vehicles and heavy equipment) Bodily Injury $100,000 per occurrence.

Property Damage $100,000 per occurrence

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

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

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

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

• All insurance policies shall be endorsed to the effect that the SCUCISD will receive at least thirty (30) days notice prior to cancellation, non-renewal, or termination of the insurance.

• All copies of Certificate of Insurance shall reference the Solicitation Project/Contract #: 24-004V.

Schertz-Cibolo-Universal City ISD Page 16 of 35

Professional Liability Insurance. Contractor shall provide coverage, at a minimum limit of $1,000,000 per claim, to pay on behalf of the assured all sums which the assured shall become legally obligated to pay as damages by reason of any negligent act, error, or omission arising out of the performance of professional services under this Agreement.

If coverage is written on a claims-made basis, the retroactive data shall be prior to or coincident with the date of the Contract and the certificate of insurance shall state that the coverage is claims-made and indicate the retroactive date. This coverage shall be continuous and will be provided for 24 months following the completion of the contract.

Contractor shall file with the SCUSISD Purchasing Department, 1056 Elbel Road, Schertz, TX 78154 Phone: 210- 945-6223, Insurance Certificates, as described herein, evidencing the coverage required, and shall be supplied within ten (10) calendar days after receipt of the written “Notice of Award.” In no instance shall the Contractor begin work prior to the filing of the insurance requirements. Failure to do so shall be grounds to void the contract.

33. DEFINITIONS: We intend to express our expectations clearly, and they are to be legally interpreted in our favor. Certain words are used throughout this document.

a. “Proponent” “Vendor” “Bidder” and “Offeror” means responder to the Request for Proposal and the individual, partnership, and sole proprietorship or Corporation executing the Contract and shall include any agent, employee, officer, director, supplier or sub-contractor of the Vendor pursuant to the Contract.

b. “SCUCISD” “Schertz-Cibolo-Universal City Independent School District”, “District”, “Owner”, the Board of Trustees, its students, employees, and agents.

c. “Solicitation”, is used to describe a Request for Proposal, Request for Competitive Sealed Proposal, Request for Bids, or other solicitation document.

d. “PO” or “Purchase Order” “Agreement” or “Contract” means a document that will be issued by the Schertz-

Cibolo-Universal City Independent School District to formalize the agreement with the successful Proponent.

e. “Shall”, “must”, “will”, and “mandatory” means a requirement that must be met for the submission to receive consideration.

f. “Service”, “Services”, and “Work” shall mean the products/services supplied to the Schertz-Cibolo-Universal

City Independent School District in accordance with the specifications, terms, and conditions stated in this Request for Bid.

g. ”Supplier” - A business entity engaged in the business of providing contract supplies/services.

h. “Bidder” - A business entity submitting a Response to this RFP. Suppliers which may express interest in this RFP, but do not submit a Response, have no obligations with respect to the bid requirements.

i. “Contractor” - The Offeror(s) whose Response to this RFP is evaluated as meeting the needs of SCUCISD.

The contractor (s) will be selected for award and will enter into a contract(s) for provision of the services described in the RFP.

j. “Subcontractor” - A company that enters into a business relationship with the Contractor. The Contractor may seek to place employees of the Subcontractor for the services described in the RFP.

k. “Contractor’s Employee” - All persons who can be offered to provide the services described in the RFP. All employees of the Contractor and the Subcontractor must be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, etc.).

l. “Response” - The written, signed and sealed document submitted according to the RFP instructions. The response does not include any verbal or documentary interaction you may have with us apart from the

Schertz-Cibolo-Universal City ISD Page 17 of 35 submittal of a formal response. Verbal interactions will not be binding on SCUCISD or Contractor(s) with respect to requirements stated within this RFP or resulting contractual obligations.

Schertz-Cibolo-Universal City ISD Page 18 of 35

SECTION 5

REQUIRED FORMS

FORMS INCLUDED IN THIS SOLICITATION DOCUMENT

(1) Proposal Form - Attachment A

(2) Vendor Questionnaire and References – Attachment B

(3) Price Schedule - Attachment C

(4) Exceptions to this Solicitation - Attachment D

(5) Felony Conviction Notice - Attachment E

(6) Conflict of Interest Form CIQ – Attachment F

(7) EDGAR – Attachment G

(8) Proposal Checklist

*Download solicitations, addenda, and other forms at: https://scucisd.procureware.com chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Schertz-Cibolo-Universal City ISD Page 19 of 35

ATTACHMENT A

PROPOSAL FORM

NOTE: Failure to complete this form shall result in your Proposal being deemed non-responsive and rejected without further evaluation.

We, , (Company Name) of, , (Business Address) (Zip Code) The undersigned, having fully and carefully read and examined the Request for Proposal (RFP) Documents, Enclosures and Addenda, hereby offers to Schertz-Cibolo-Universal City Independent School District a Proposal for District Wide Elevator Maintenance Services in accordance with the solicitation documents, and addenda at the place, price and in a manner set out therein and certifies the following;

a. Represents that to the best of its knowledge it is not indebted to the Schertz Cibolo Universal City Independent School District. Indebtedness to the District shall be basis for the non-award and/or cancellation of any award.

b. Certifies that no suspension or debarment is in place that would preclude receiving a federally funded contract.

c. The undersigned affirms that they are duly authorized to execute this contract, to fully comply with the terms and conditions of this Request for Proposal, including all forms and attachments included herein, that this company, corporation, firm, partnership or individual has not prepared this Proposal in collusion with any other Bidder, and that the contents of this Proposal as to prices, terms or conditions of said Proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this solicitation.

ADDENDA ACKNOWLEDGEMENT

Acknowledgement is hereby made of receipt of the following addenda to this PROPOSAL document:

Addendum No. ______ dated _________________,…