ESBD_File_353169_FinalSolicitationRFQ24-01ArchitectforLongCreekStadium.pdf

Facilities Planning and Construction Department 1000 North Walnut

New Braunfels, TX 78130 Phone 830-643-5700

NOTICE TO PROPOSERS

NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT (New Braunfels ISD) is accepting sealed Requests for Qualifications (hereafter referred to as RFQ or proposal) for services from architectural and engineering firms for Professional Architectural Services RFQ # 24-01 until 4/11/2024 at 2:00 pm.

Method of Delivery Proposals must be submitted in person, to NBISD Admin Center, 1000 North Walnut, New Braunfels

A non‐mandatory pre‐submission meeting will be held on Wednesday, March 6, 2024 at 2:00 PM at 1000 North Walnut Ave, Operations Conference Room to discuss the requirements of the RFQ.

Disqualified Proposals Proposals received later than the specified time will be disqualified. Faxed or emailed proposals do not meet the proposal requirement, Request for qualifications Tabulations After the solicitation is awarded by the Board of Trustees, a summary will be posted to the district’s website, under “Departments”, “Business Office”, “Open and Awarded Bids”.

Addenda/Questions Responding participants will received any addendum that may occur prior to the proposal due date via email.

Questions regarding the proposal are to be submitted in writing to greiland@nbisd.org and ddornier@nbisd.org

Withdrawing / Retracting Proposals Proposals may be withdrawn or retracted for any reason prior to the submission deadline indicated above.

Due Date / Deadline Extensions The District, at its discretion, reserves the right to re-advertise and extend the due date and time; any extensions will be indicated on the form of an addendum.

New Braunfels ISD reserves the right to accept or reject any/or all proposals or to make awards as they appear to be advantageous to the district and to waive any and all informalities.

PROPOSAL: Professional Architectural Services

RFQ#: 24-01

RECEIVED UNTIL: April 11, 2024 at 2:00 pm at 1000 North Walnut mailto:greiland@nbisd.org mailto:ddornier@nbisd.org mailto:bids@aldineisd.org mailto:bids@aldineisd.org

TABLE OF CONTENT

1.0 Scope of Services

2.0 Special Terms and Conditions

3.0 General Terms and Conditions

4.0 Certifications and Representations

5.0 Interested Parties (Form 1295)

6.0 Proposal Form

7.0 Deviation Form

8.0 References

9.0 Agreement of Terms

10.0 Notice of No Submission

11.0 Exhibit A

11.1 Draft B101‐2017 as amended, Standard Form of Agreement

Between Owner and Architect

11.2 Draft A201‐2017 as amended, General Conditions of the

Contract for Construction

12.0 Exhibit B Long Creek Stadium and Surrounding Property

1.0 SCOPE OF SERVICES

PROFESSIONAL ARCHITECTURAL SERVICES

RFQ# 24-01

INTRODUCTION

New Braunfels Independent School District is soliciting Request for Statement of Qualifications (RFQ) from architectural firms specializing in the K-12 public educational sector and sports division. Services to be provided include customary architectural services and related Structural Engineering, Civil Engineering, MEP Engineering, Roofing Consultant, Food Service Consultant, Acoustical Consultant, Sound Consultant, and Lighting Consultant services for the construction of Long Creek High School Stadium at 4150 Klein Meadows for the New Braunfels Independent School District(“NBISD”).

PROJECT CONSTRUCTION BUDGET: $30M-$40M

TIMELINE

2/20/2024 RFP Release 3/08/2024 Preproposal Meeting at 2:00pm, Central Standard Time 3/21/2024 Deadline for Questions 4/11/2024 Proposals Due at 2:00pm, Central Standard Time 4/15/2024 Proposers Interview and Presentation (If needed) 5/13/2024 Board Recommendation to Award 5/14/2024 Notice of Award 5/20/2024 Project Kickoff Meeting 1/30/2026 Stadium Occupancy

Funding Source: Bond Funds will be used for this project; project is contingent on 2024 Bond passing.

Reasonable Costs/Price The RFQ solicitation does not require fee information; the District retains the right to negotiate reasonable costs for services upon evaluation and determination of the most qualified firm.

AIA Contract The selected/awarded firm must implement an appropriate AIA contract. The contract to be executed between the NBISD and the Architectural firm will be the AIA Document B101‐2017 “Standard Form of Agreement Between Owner and Architect” and AIA Document A201-2017 “General Conditions of the Contract for Construction”, as amended, which is included in Exhibit A

Ethical Conduct No Employee or Board Member shall be contacted regarding the RFQ after its release and prior to its award except for Q & A during allotted time.

Questions All questions pertaining to this solicitation must be in writing to: greiland@nbisd.org and ddornier@nbisd.org

Amendments/Addenda Revisions and amendments to the solicitation will be made by issuing an addendum.

Qualifications Evaluation and Selection Process

Phase One

Submittal of Request for Statement of Qualifications (RFQ) by interested firms to provide Design Services. Services to be provided include decommissioning, demolition, design, and construction administration. The RFQ Submission Schedule shows the timeline for the RFQ process.

Phase Two (if needed) The second phase of the evaluation process will consist of interviews conducted with the selected firms and the Review Committee. Generally, each firm can expect to provide a 30-minute presentation to the Review Committee about their firm and project types. Concept drawings with elevation views are requested to show the committee the architect’s vision for this project. After the presentation, a 15-minute question and answer time period will be provided to address any specific questions the Committee may have related to the firm’s presentation and/or information provided. The Review Committee will review all Statements of Qualifications received by the deadline, and evaluate each firm’s experience, technical competence, capability to perform, past performance, references and other relevant factors submitted in response to this Request for Qualifications, as per the “Criteria and Evaluation Weights” table will complete its evaluation and finalize the selection of firms to be considered for the project. Each firm will be notified individually of the final results of this phase.

NBISD makes no warranty or guarantee that an award will be made as a result of this RFQ. The District will select the firm(s) from the approved list to best serve the District needs. The program requirements for the project will be provided to the firm at the time the project assignment is made.

2.0 SPECIAL TERMS AND CONDITIONS

The special terms to the Scope of Work will include but are not limited to:

The District is looking to construct a new 7,000 seat stadium complete with football/soccer turf field, a press box, site logistics (parking, roads & wayfinding), concessions with restrooms, a visitors locker rooms and instant replay scoreboard with a press box sound booth. It should be noted that the existing Long Creek High School will be operational throughout construction and the design relationship should be considered with the architecture of the new stadium. Additionally, the site is will be actively under construction for the Long Creek High School phase II project – site plan attached.

Selection Evaluation Criteria

Factor Description of Criteria Max

Score

Firm Qualifications/Corporate Background

Firm Qualifications and Background

Executive Summary/ Qualifications of Staff

Qualifications/Professional Staff/Experience Related to K-12

Executive, Key Staff, Consulting firms

Project Experience with K-12 Schools Performance Stadiums

Project Experience, Methods and techniques and long range Strategic Planning

Past Experience with District

Presentation and interview to highlight the key project experience

References

Client References

Safety Record

Firm’s policies/Requirements/Practices And any Litigations

Total Points 100

Submittal Requirements Provide submittals in the following order

1. QUALIFICATIONS (Firm Background and Qualifications)

a. Cover Letter - include a brief general statement of interest, availability, and commitment to perform services, and signature of a legal authorized firm officer; include the following:

• Firm name, Address, Officers, a brief history of the firm and firm’s officers

• Specify firm type (corporation, partnership, and history of mergers/acquisitions and former names

• Number of years in business

• Number of years providing architectural services for K-12 or similar stadiums

• Location of the office where the majority of services will be performed

b. If the firm has more than one office, provide the total number and discipline of employees in the office where the majority of services for New Braunfels ISD will be performed.

c. Explain firm’s financial competency, stability, capacity for a project of this size and scope

d. Explain firm’s capability and commitment to meet project size, Scope of Services and Special Terms and Conditions outlined within specified completion deadline

2. EXECUTIVE SUMMARY (Qualifications/Professional Staff/Experience Related to K-12 or similar Stadiums)

a. List Key Executive Staff (Full-time) with professional design discipline qualifications/resumes

b. List Key Project Staff (Full-time) and disciplines with qualifications/resumes

c. List total number and discipline breakdown of design professional staff qualifications/resumes

d. Identify services/consulting firms generally subcontracted; include qualifications/resumes

e. List and quantify years of experience of 1) Executive Staff, 2) Key Project Staff and 3)

Consulting firms’ staff with specific project experience relevant to stadium designs

3. LEVEL 1: K-12 PROJECT EXPERIENCE

a. List and describe firm’s Projects/Clients and Experience within this level for stadium designs

b. Describe method, experience and techniques used and categories of building systems

c. Attach Project Sample pics and/or hyper-links to pictures of specific stadium projects listed

4. INTERVIEW AND PRESENTATION

a. The firm will present a 30-minute presentation to highlight their key experience with K-12 or similar stadiums and 15 minutes for questions and answers

b. Explain the process that must happen to complete the project for the start of the 2024-2025 football season.

c. Present a concept site plan and renderings showing for the new stadium

d. Limit presenters to 6 people

5. REFERENCES FROM CLIENTS

Provide Minimum 3 client reference letters within the last 5 years preferably from above projects

6. SAFETY RECORD

Provide Evidence of Firm’s Policies/Requirements/Practices

a. Describe all litigations related to negligent safety practices within the last 5 years

State Registration of Architecture Firms: Respondents are advised that the Texas Board of Architectural Examiners requires that any entity providing architectural services to the public must register with the Texas Board of Architectural Examiners. An entity is defined as a sole proprietorship, firm, partnership, corporation or joint stock association.

Owner Reservation of Rights: The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Qualifications and re-solicit for new Qualifications, or to reject any and all proposals and temporarily or permanently abandon the Project.

Multiple Awards: It is the District’s intention to have one vendor complete the architectural design and construction administration and to award one vendor; however the District reserves the right to award multiple vendors; or award a primary and a secondary contractor.

Acceptance of Evaluation Methodology: By submitting its Qualifications in response to this RFQ, respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the Owner.

No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the respondent’s participation in this RFQ shall be at the sole risk and responsibility of the respondent.

Eligible Respondents: Only individual firms or lawfully formed business organizations may apply (This does not preclude a respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Qualification.

Presentation and Demonstration: If deemed necessary by the Evaluation Committee, responders agree to provide the Evaluation Committee with a presentation.

Serving Subcontractors: The District recognizes that potential vendors have different business models for the delivery of support services. Whereas one potential vendor may provide support services through a wholly owned subsidiary, another may provide support services through a local business partner, certified education partner or qualified organization herein referred to as a servicing subcontractor. Therefore, vendors may propose the use of subcontractors, however, the contracted vendor shall remain solely responsible for the performance of this agreement. Servicing subcontractors may not directly accept purchase orders or payments for products or services under the terms and conditions of the contract. If subcontractors are to be used, the name of the authorized subcontractor(s) shall be identified in the Qualifications response and any subsequent projects related to this contract.

3.0 GENERAL TERMS AND CONDITIONS

3.1.0 APPLICABILITY

These conditions are applicable and form a part of the contract documents in each equipment and/or service contract and a part of the terms of each purchase order for items of equipment and/or service included in the specifications and request for qualifications forms issued herewith.

3.3.0 QUESTIONS concerning this proposal package shall be addressed to greiland@nbisd.org and ddornier@nbisd.org

3.4.0 DEVIATIONS

Deviations to any conditions and/or specifications shall be conspicuously noted in writing by the request for and shall be included with the request for qualifications in the form of manufacturing product, specifications, and/or brochures.

3.5.0 ONLY SEALED PROPOSALS ARE ACCEPTABLE.

Faxed or emailed proposals do not meet the sealed proposal requirement and will be disqualified.

3.6.0 WARRANTY CONDITIONS for all supplies and/or equipment shall be considered manufacturer’s minimum standard warranty unless otherwise agreed to in writing.

3.7.0 SAMPLES, pictures of work samples shall be submitted with the proposal per instructions set forth in The Special Terms and Conditions.

3.7.1 ADDITIONAL SAMPLES needed for evaluation shall be delivered within (5) working days from the time the vendor is notified by the Purchasing Department or requesting department.

3.7.2 SAMPLE ITEMS may be retained for the purpose of evaluation of continual and comparable quality and workmanship of the delivered items.

3.12.0 ETHICS AND DISCLOSURES

3.12.1 PROPOSER SHALL DISCLOSE whether he/she or its firm has given, offered to give, intends to give at any time hereafter any economic opportunity, future employment, gift loan, gratuity, special discount, favor or service to a public servant in connection with the request for qualifications submitted.

Proposer shall disclose whether any of the school district’s board members or administrative executives has any business or familiar relationships with proposer or the proposer’s principal offices or employees.

3.12.2 PROPOSER SHALL DISCLOSE any and all relationships that might be a conflict of interest and include such information with the request for qualifications.

3.12.3 PROPOSER SHALL DISCLOSE whether the request for qualifications has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would anyway limit competition or give them an unfair advantage over other proposal in the award of this request for qualifications.

3.12.4 PROPOSER SHALL DISCLOSE GIFTS TO PUBLIC SERVANTS

Gifts may be construed to have been given to influence the purchasing process or purchase decisions.

Texas law makes a gift (an item valued at $100 or more, cash of any amount, or a negotiable instrument of any value) to a public employee a Class A misdemeanor if the employee is someone who exercises some influence in the purchasing process of the governmental body. (Texas Penal Code, 36.09[d] and [h]).

3.12.5 PROPOSER SHALL DISCLOSE INTERESTED PARTIES Texas House Bill 1295, Government Code 2252 restricts New Braunfels ISD from entering into certain contracts with a business entity unless the business entity submits a Disclosure of Interested Parties to New Braunfels

ISD.

3.14.0 ALL CONTRACTS AND AGREEMENTS between merchants and New Braunfels ISD shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1995 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws.

Reference: Uniform Commercial Code, Fourteenth Edition, 1995 Official Text.

3.14.1 FORMATION OF OFFER

A response to this solicitation is an offer to contract with New Braunfels ISD based upon the terms, and conditions, scope of services, and specifications contained in this request.

3.14.1 Any additional agreements/contract templates to be executed by New Braunfels ISD shall be included with this proposal offer in blank format.

3.14.2 Services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

3.15.0 BOARD AWARDED REQUEST FOR QUALIFICATIONS CONTRACT

A Board Awarded Request for Qualifications Contract will be executed if the New Braunfels ISD Board of Trustees approves the recommended competitive offerings. Section B. of the enclosed Board Awarded Request for qualifications Contract must be completed, signed and returned with this proposal.

Clarifications, negotiations, if applicable, will become a part of the final executed Request for qualifications Contract. Unaccepted deviations indicated will require review and acceptance by New Braunfels ISD legal counsel with the initiation of specific contracts for services. A request for qualifications contract is fully executed when signed by the appropriate New Braunfels ISD authority.

3.15.1 MULTIPLE AWARDS New Braunfels ISD reserves the right to award contracts to one vendor, multiple vendors or to make no awards.

3.16.0 AIA Contract

An appropriate AIA contract must be put initiated by the awarded responder.

3.16.2 SIMILAR CONTRACTS Resulting contracts from this solicitation will not supersede other New Braunfels ISD existing similar, specific or future contracts.

3.17.0 TERMINATION OF CONTRACT

It is understood that the district retains the option to terminate this agreement for any reason at the end of each contract year without pecuniary risk or penalty or at any point during the contract term with evidence of just cause. The district agrees that it will provide written notice of termination no later than thirty (30) days prior to the end of the contract year or for just cause. The termination will become effective and this agreement shall terminate thirty - (30) thirty days following written notification of intent.

3.17.1 DEBARMENT AND SUSPENSION

The District will not contract with or award to any person or company who is debarred, suspended, having proceedings pending ineligibility with the US Government, System for Award Management. The District may rescind / terminate Federal, State, or local funded contracts and or purchases with persons, vendors or contractors who become debarred, suspended, excluded or ineligible during the contracted period.

The vendor shall notify New Braunfels ISD immediately if / when the awarded individual, vendor, contractor is made aware of debarment, suspension, ineligibility or exclusion at greiland@nbisd.org AND ddornier@nbisd.org, Subject: Debarment Status.

mailto:greiland@nbisd.org%20AND%20ddornier@nbisd.org, mailto:greiland@nbisd.org%20AND%20ddornier@nbisd.org,

3.18.0 ASSIGNMENTS AND SUBCONTRACTING: The proposer understands that the contract may not be assigned, encumbered, pledged, mortgaged, or transferred either in whole or in part without written consent of New Braunfels ISD.

3.18.1 NOVATION If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. New Braunfels ISD reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contractor.

3.19.0 CONFIDENTIAL INFORMATION OR TRADE SECRETS (Government Code, Article 252.049).

If any proposal information is considered to be confidential or a trade secret belonging to the proposer and, if released would give advantage to a competitor or proposer, that information must be marked

“CONFIDENTIAL – DO NOT DUPLICATE WITHOUT PERMISSION”.

3.19.1 OPEN RECORDS New Braunfels ISD is a government entity subject to the Texas Public Information Act, Texas Government Code Chapter 552. Proposals submitted to New Braunfels ISD may be subject to public information requests after contracts are executed or after completion of any purchases.

3.21.0 CANCELLATION: The District reserves the right to cancel any contract (purchase order) resulting from this Request For Qualifications at any time, for any reason (or for no reason) with a thirty (30) day written notice to the contractor(s). If the vendor fails to perform as required in the Qualifications document, contracts may be terminated without notice.

Contractor may cancel any resulting contract, at any time for any reason, or for no reason with a sixty (60) day written notice. Any notice required or permitted to be delivered to the contractor(s) shall be deemed to be delivered when mailed by registered or certified mail, return receipt requested, postage prepaid, and addressed to the bidder’s address appearing on the face of the Request For Qualifications (or as subsequently revised or changed). Any compensation due the contractor(s) will be limited to items received and/or services performed and accepted by the District.

3.23.0 GUARANTEES

Proposed guarantees must be submitted with the request for qualifications.

3.26.0 FEES- The District retains the right to negotiate reasonable costs and fees for services upon evaluation and determination of the most qualified firm.

3.27.0 APPROPRIATION OF FUNDS

The District's obligation under any purchase order, contract, or service agreement arising from this Qualifications request is contingent upon the availability of appropriated funds from which payment for purchase orders, contracts, or service agreements can be made. No legal liability on the part of the District nor any payment or continuation of any agreement may arise until funds are made available to the District for this purchase order, contract, or service agreement and until successful vendor receives notice of such availability.

3.28.0 INVOICES/PAYMENTS:

3.28.1 New Braunfels ISD standard payment terms are net 30 days after receipt of invoice. Vendor may offer the District a cash discount for payment of an invoice(s) with stated discount terms.

Vendor’s invoices should be sent as a preferred method to the email address:

accountspayable@nbisd.org mailto:accountspayable@nbisd.org or by mail to New Braunfels ISD, 1000 N Walnut Ave, New Braunfels, TX 78130

3.28.2 Invoices will be date and time stamped upon receipt in the Accounts Payable Department, and the cash discount, when applicable, will be calculated from the “receipt date” stamped on the invoice. If a discount is offered in the proposal, this discount will also apply to all other RFPs that the company has been previously awarded. Vendor’s invoices must contain the appropriate New Braunfels ISD purchase order number on the face of the invoice. Each line item on the invoice should contain the corresponding line-item number shown on the purchase order.

Invoices submitted without the correct purchase order number shown may be returned to the Vendor for correction. Corrected invoices will be subject to the same payment provisions as original invoices.

3.28.3 Invoices must be provided to the District in a timely manner. Vendor is requested to invoice the District within 30 days of providing goods and/or services to the District.

3.28.4 In the event a Vendor presents the District with invoices, statements, reports, etc. that are incomplete, inaccurate or in need of substantial internal research, such action could result in delay of payment. The District will not be responsible for any interest charges and/or late fees as a result of delayed payment due to time delays caused by inadequate or incomplete information provided in invoices by Vendor.

3.28.5 DISPUTED PAYMENTS TO VENDORS (HB 1476)

The District will notify vendor of any error or “dispute amount in a vendor invoice within 21 days of receipt with a detailed statement of the disputed amount.

3.29.0 VENDOR REQUIREMENTS

Vendor must provide an e-mail address, and accept e-mail orders from authorized buyer having an official New Braunfels ISD purchase order number; orders may be e-mailed daily or as needed.

3.30.0 TAX EXEMPTION

New Braunfels ISD is exempt from payment of taxes under Chapter 20, Title 122A, Revised Civil Statutes of Texas, for the purpose of tangible personal property

3.31.0 VENUE

This contract shall be enforceable in Comal County, Texas, and if legal action is necessary by either party with respect to the enforcement of any and all of its terms and conditions, exclusive venue for any legal action shall lie in Comal County, Texas.

3.33.0 INTERLOCAL AGREEMENTS WITH OTHER SCHOOL DISTRICTS THROUGH THE

CENTRAL TEXAS PURCHASING ALLIANCE

A. Membership. New Braunfels ISD is a member in good standing of the Central Texas Purchasing

Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a 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 New Braunfels ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive request for bids/proposal/qualification 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.

3.35.0 STATEMENT OF NONDISCRIMINATION

It is the policy of New Braunfels ISD not to discriminate or engage in harassment on the basis of race, color, national origin, sex, religion, age, disability, genetic information, or any other legally protected status in its educational and vocational programs, services or activities or matters related to employment as required by Title VI and Title VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; Age Discrimination in Employment Act; Americans with Disabilities Act, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended. This policy also prohibits retaliation against an individual who has made a good faith report of unlawful, discriminatory practices, opposed any unlawful, discriminatory practices or participated in an investigation of any complaint related to an unlawful, discriminatory practice. Inquiries regarding the New Braunfels ISD nondiscrimination policy in the following areas should be directed to:

a. Title IX & Title VI: Chief Human Resources Officer, 1000 N Walnut Ave, New Braunfels, TX 78130

b. EEO & ADA (Employees and Public): Chief Human Resources Officer, 1000 N Walnut Ave., New Braunfels, TX 78130

c. Section 504 & ADA (Students): Assistant Superintendent for Student Support Services, 1000 N

Walnut Ave., New Braunfels, TX 78130

3.36.0 PREVAILING WAGE RATES apply to Public Works Contracts and the District will determine and provide the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract and the prevailing rate for legal holiday and overtime work. Do Not apply to Maintenance Contracts.

3.39.0 COMPLIANCE WITH LAWS The awarded firm/contractor warrants that is shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When requested, firm shall furnish New Braunfels ISD with satisfactory proof of its compliance.

3.40.0 CODES, PERMITS, AND LICENSES The awarded firm/contractor shall comply with all national, state, and local standards, codes and ordinances and the terms and conditions of the services of New Braunfels ISD, as well as other authorities that may have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specifications shall be construed as waiving any rules, regulations or requirements of these authorities. The awarded firm/contractor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations.

3.41.0 SERVICES ON NEW BRAUNFELS ISD PROPERTY If the vendor contractor will perform services on New Braunfels ISD Property, the vendor shall provide a Certificate of Insurance (with New Braunfels ISD as additional insured) prior to the start of any work and only after a purchase order has been approved by the final approving authority.

3.42.0 INSURANCE & BOND REQUIREMENTS

Vendor agrees to provide performance bonds and/or payment bonds as required by Texas law on specified contracts and/or projects, as applicable. If performance bonds and/or payment bonds are required, New Braunfels ISD will include the performance and payment bonds requirement in the Special Terms and Conditions section or elsewhere in this packet.

Contractor shall not commence work until all required bonds and insurance coverages have been obtained and such insurance has been reviewed and approved by the District. Certificates of Insurance on the current ACORD form shall be issued to the District showing all required insurance coverages.

Bonds Required Construction, installation and service contracts (including but not limited to repair, alteration and maintenance) exceeding $25,000 require that 100% Performance and Payment Bonds be furnished by the successful proposer (contractor). All proposals must include a 5% Request for qualifications Bond.

Non Construction, non installation or supply contracts exceeding $25,000 require that a 100% Supply Bond be furnished by the successful proposer (contractor). Bonds shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VIII and included on the U.S. Department of the Treasury Listing of Approved Sureties (Dept. Circular 570). The contractor shall absorb any and all costs of such Bonds.

Insurance Required Limit Required

Automobile Liability insurance covering Any Auto $1,000,000 Combined Single Limit

Commercial (Comprehensive) General Liability insurance including Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Pollution and Blanket Contractual Liability coverages. XCU exclusions to be removed when underground work is performed.

If District students or employees are present, Contractor must provide proof of Sexual Misconduct insurance and certify Background Checks.

$1,000,000 Occurrence and Personal Injury

$2,000,000 Aggregate $ 500,000 Fire Damage $ 5,000 Medical Payments

Per Construction Project Aggregate

Professional Errors & Omissions Liability insurance may be required from all contractors, licensed or certified as professionals; e.g., engineers, architects, insurance agents, physicians, attorneys, etc.

One times contract amount $1,000,000 minimum/$10,000,000 maximum Occurrence & Aggregate

Retroactive Date:

1st Contract – effective date of policy or contract must be shown, whichever is earlier

Renewal or consecutive contracts – effective date of policy or 1st contract must be shown, whichever is earlier

Extended Reporting Period two years past completion of contract

Workers Compensation insurance with limits to comply with the requirements of the Texas Workers' Compensation Act

Employers Liability insurance

Statutory Limits

$1,000,000.

Umbrella or Excess Liability insurance covering in excess of Automobile Liability, General Liability and Worker’s Compensation.

One times contract amount for all contracts exceeding $100,000, up to $25,000,000 total limit;

$1,000,000 minimum.

All Risk Property Insurance shall be required for any contract or work when property of the District is at risk or in the care, custody and control of the Contractor. Builders Risk insurance shall be required for all construction contracts requiring a bond. All Property insurance shall include coverage against the perils of Domestic & International Terrorism, Flood and Earthquake. (Installation Floater may be substituted when contract involves installation only.)

Contract Limit or Replacement Cost Value of Scope of Work whichever is greater.

Permission to Occupy must be granted.

Deductible: $1,000 or 1% of contract up to a $50,000 maximum

Cyber & Data Breach insurance If contractor has access to District funds, information or data, including employee information.

$1,000,000 Limit $1,000,000 Fraudulent Instruction $1,000,000 Extortion, Ransomware $1,000,000 Removal of Bank Funds $1,000,000 Personal Information Access

Crime Insurance: If contractor has access to District funds or property: Employee Dishonesty and Theft, including protection for the District from loss of District funds or property.

$1,000,000 Limit

Limits for primary policies may differ from those shown when Umbrella or Excess Liability insurance is provided.

Insurance Conditions All insurance coverages shall be issued on an Occurrence basis (except Professional Liability) by companies acceptable to District and licensed to do business in the State of Texas by the Texas Department of Insurance. Such companies shall have a Best's Key rating of at least "A- X".

The District shall be shown as "Additional Insured on a Primary & Non-Contributory basis” on the Property, General Liability, Automobile Liability, Umbrella (Excess) Liability, Cyber & Crime policies. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers Compensation, General Liability, Umbrella and the Property insurance policies. Evidence must be included in Certificates of Insurance.

General Liability and Umbrella (Excess) Insurance must be maintained for two years following date of final payment to contractor. A two-year extended reporting period is required for Professional Errors and Omissions Liability. Certificates of Insurance must be provided annually.

In addition to certificates of insurance, copies of policy endorsements must be provided a) listing New Braunfels ISD as Additional Insured and b) noting Waivers of Subrogation. All written agreements are considered contracts whenever a Certificate of Insurance provides Waiver of Subrogation and Additional Insured coverages when “required by written contract”.

All insurance certificates shall obligate the insurance company to notify the District of any non-renewal, cancellation or material change to any of the policies at least 30 days prior to the effective date of the non-renewal, cancellation or change.

If a policy has aggregate limits, a statement of claims against the aggregate limits is required.

Contractor shall be responsible for all deductibles; the District shall approve the deductibles selected.

The District reserves the right to review the insurance requirements during the effective period of any contract to make reasonable adjustments to insurance coverages and limits when deemed prudent by District based upon changes in statutory law, court decisions or potential increase in exposure to loss.

The following insurance documents must be provided to New Braunfels ISD prior to the commencement of work:

1. Certificates of Insurance

2. Copies of policy endorsements

a) listing New Braunfels ISD as Additional Insured

b) providing Waivers of Subrogation in favor of New Braunfels ISD

3. Deductible amounts listed by policy type

4. A statement of claims against aggregate limits

Certificate Holder:

New Braunfels Independent School District c/o Purchasing Department 1000 N Walnut. New Braunfels, TX 78130

E-mail: greiland@nbisd.org

4.0 CERTIFICATIONS AND REPRESENTATIONS

4.0.1 FEDERAL CERTIFICATIONS

EDGAR CERTIFICATIONS

ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT

TO WHOM IT MAY CONCERN:

New Braunfels ISD is in the process of ensuring that all policies and procedures involving the expenditure of federal funds are compliant with the new Education Department General Administrative Guidelines (“EDGAR”). Part of this process involves ensuring that all current vendors agree to comply with EDGAR. You must complete this form and return to New Braunfels ISD along with your proposal.

The following certifications and provisions are required and apply when New Braunfels ISD expends federal funds for any contract resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the District and the District’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER

FEDERAL AWARDS

APPENDIX II TO 2 CFR PART 200

(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when New Braunfels ISD expends federal funds, New Braunfels ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does Vendor agree? YES Initials of Authorized Representative of Vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be affected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when NBISD I S D expends federal funds, NBISD I S D reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. New Braunfels ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if New Braunfels ISD believes, in its sole discretion that it is in the best interest of New Braunfels ISD to do so.

Vendor will be compensated for work performed and accepted and goods accepted by New Braunfels ISD as of the termination date if the contract is terminated for convenience of New Braunfels ISD. Any award under this procurement process is not exclusive and New Braunfels ISD reserves the right to purchase goods and services from other vendors when it is in New Braunfels ISD’s best interest.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3

CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when New Braunfels ISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when New Braunfels ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non- Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when NBISD I S D expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by New Braunfels ISD resulting from this procurement process.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by New Braunfels ISD, the vendor certifies that during the term of an award for all contracts by New Braunfels ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by New Braunfels ISD, the vendor certifies that during the term of an award for all contracts by New Braunfels ISD member resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,

p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by New Braunfels ISD, the vendor certifies that during the term of an award for all contracts by New Braunfels ISD resulting from this procurement process, the vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or request for qualifications for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by New Braunfels ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by New Braunfels ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its…