RFQ - 270001 HISD On-Call Engineering and Architectural Services FINAL.pdf

HARLANDALE INDEPENDENT SCHOOL DISTRICT

DEPARTMENT OF PURCHASING

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4440 ● Fax (210) 921-4400

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RFQ 270001

Harlandale ISD On-Call Engineering and Architectural Services

Due Date: Thursday, July 23, 2026 at 1:00pm (CT)

Veronica Velez, Purchasing Manager

102 Genevieve – San Antonio, Texas 78214

Phone: (210) 989-4800

Purchasing@myhisd.net

Purchasing Department Business Hours for Deliveries:

Monday – Friday 8:00AM (CT) to 4:30PM (CT)

Summer Hours: M-TR 7:30AM (CT) to 4:00PM (CT)

District Holidays & Closure

District Closed June 25, 2026 through July 3, 2026 https://www.harlandale.net/documents/calendars/16718350 mailto:Purchasing@myhisd.net https://www.harlandale.net/documents/calendars/16718350

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NOTICE TO VENDORS

To Whom It May Concern:

Thank you for the submission of your proposal to the Harlandale Independent School District. The

District understands and appreciates all of the efforts undertaken in the preparation and submission of a proposal.

It is the intent of this administration to conduct a fair and impartial evaluation of these proposals with an emphasis on determining the best value for the District at the lowest possible price.

Essential to an impartial objective analysis is that it not be subjected to extraneous influences. The

District requests and appreciates that no efforts be undertaken by vendors to independently contact the District’s evaluation team for this proposal with the purpose of seeking an unfair advantage.

As a matter of fairness, this is necessary in order to provide due and proper consideration to each and every proposal.

This request also extends to contact, communications, and/or interactions with the members of the

School Board. Independent communications with the Trustees by vendors puts the administration and the Trustees in a very difficult position. It is our experience that such advocacy efforts result in members receiving non-objective information that can result in confusion during the competitive procurement process.

When vendors contact members independently, it facilitates the crossing over of those clearly defined and legally required roles of the Board and the Administration. This can result in legal issues and most certainly a compromise in the integrity of the entire proposal process. Please be advised that this administration will not favorably receive any evidence that a vendor has contacted the District staff or members of the Board in an effort to seek an unfair advantage.

We anticipate your cooperation in maintaining the integrity of the competitive procurement process and thank you in advance for such efforts.

Respectfully, Harlandale Independent School District

Business and Finance Department

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GENERAL TERMS AND CONDITIONS

1) Workmanship and Materials - specified in this proposal shall be fully guaranteed for a minimum period of one (1) year from date of delivery and/or acceptance of work, unless otherwise stated in

District specifications.

2) INVOICING PROCEDURE – Billing\invoicing\pay applications will always be made in arrears.

Invoices regarding this proposal shall have a District issued Purchase Order # and it shall be emailed directly to the Accounts Payable Dept. at the following EMAIL ADDRESS:

BUSINESSOFFICE@MYHISD.NET

Non-conforming invoices will be rejected without consideration.

3) Multi-Award Vendor Contract: Harlandale ISD reserves the right to make multiple contract awards when it is in the best interest of the District. When required, the District may award components of the scope of services\goods to multiple vendors at its sole discretion.

4) Severability: In the event that any one or more of the provisions contained in this Request for

Proposals (contract or resulting purchase order) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall not affect any other provision hereof, and this Request for Proposals (contract or any resulting purchase order) shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained herein.

5) Prevailing Wage Standard – As of July 22, 2024, Harlandale ISD (HISD) Mandatory Prevailing

Wage Rate for construction projects will be consistent with the standards adopted by Bexar County, Texas.

6) Formalities - The Harlandale Independent School District reserves the right to waive formalities and irregularities and to accept or reject the proposal or each item there under separately.

7) OFFER PERIOD - This proposal is a firm offer which shall be irrevocable and open for acceptance for 120 calendar days unless otherwise specified from the date of submission.

8) Vendor Debriefing – The Bidder or Proposer may request an informal Vendor Debriefing focused on solicitation requirements and proposal strengths and weaknesses with the Purchasing Manager at Purchasing@myhisd.net. Please include the solicitation ID in the subject header.

9) Contractor Protest Procedures: A protest shall be in writing and shall be filed with the

Purchasing Manager (Purchasing@myhisd.net). A protest of a proposal shall be received at the

Procurement Services Department after the bid/proposal opening date or contract award date. A protest of a proposed award or of an award or notice of termination or default shall be filed within ten (10) working days after the protestor knows or should have known the basis of the protest. A protest received after the ten (10) working days period shall be not considered and returned. A protest shall include:

a. The name, address and telephone number of the protestor;

b. The signature of the protestor or its representative;

c. Identification of the Bid/Proposal or Contract number;

d. A detailed statement of the legal and factual grounds of protest including copies of relevant documents;

e. The form of relief requested.

The Purchaser Manager will respond to all protests not later than ten (10) days of receipt.

mailto:BUSINESSOFFICE@MYHISD.NET

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10) Formal Grievances: will follow the Harlandale ISD Board Adopted Policies and Procedures:

https://pol.tasb.org/PolicyOnline?key=173

11) The proposal and any eventual award may not be assigned or any right there under transferred to a third party.

12) Proposer agrees to comply with all policies and regulations of the Harlandale Independent School

District.

13) QUANTITY - It is understood and agreed that the Harlandale Independent School District reserves the right to increase or decrease quantities or modify conditions or specifications by mutual agreement with the selected vendor, both at the time of the acceptance of the proposal offered as so modified, and subsequent thereto.

14) INDEMNITY - The contractor/vendor/service provider shall indemnify, defend and hold harmless the Harlandale Independent School District, its employees, officials, and representatives from any and all claims made, lawsuits filed, losses, costs (including but not limited to attorney’s fees) or damages incurred as a result of contractor/vendor/service provider acts or omissions of any nature relating to a contract entered into as a result of a Request for Proposals. The District will not enter into any agreement requiring the District to indemnify a contractor, vendor, or service provider.

Further, the District will not enter into any agreement requiring the District to pay attorney’s fees on behalf of any vendor or service provider.

The following conditions must be stated on all contracts:

“The Contractor shall defend, indemnify, and save whole and harmless, Harlandale

Independent School District and all of its officers, agents and employees from and against all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of any agent, employee, subcontractor or supplier of Contractor in the execution or performance of this contract.”

“The Contractor shall also defend and indemnify the Harlandale Independent

School District against claim by any subcontractor, supplier, material man or mechanic for payment of work or materials provided on behalf of the Contractor in the performance of the services and all such claimants shall look solely to

Contractor and not Harlandale Independent School District for satisfaction of such claims.”

15) LEGAL VENUE -The contractor/vendor understands and agrees that venue for any litigation arising from this award or contract shall lie in the State District Courts of Bexar County, Texas, and any dispute shall be governed by the laws of the State of Texas. The District will not enter into any agreement requiring arbitration of disputes. Proposers shall not disclose to any third party, information provided by the District in connection with this solicitation for proposals.

16) PROPERTY TAXES - Proposer affirms that it does not currently owe or is otherwise indebted to the Harlandale Independent School District for adjudicated delinquent property taxes. The

Harlandale Independent School District reserves the right to reject a proposal if the Proposer is currently indebted to the Harlandale Independent School District for delinquent taxes or to terminate a contract if the successful Proposer subsequently becomes delinquent. The Harlandale

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Independent School District further reserves the right to deduct any delinquent taxes owed from payments that the Harlandale Independent School District may owe to the successful Proposer under the awarded contract.

17) INCORPORATION OF TERMS INTO CONTRACT - The terms and conditions set out in any

Request for Proposal including these general terms and conditions shall be made part of any contract entered into by the District with any Vendor, Contractor or Service Provider. A response to any Request for Proposal indicates the responders binding agreement to the terms and conditions set out therein.

18) RELIEF - The District will not agree to any contract requiring waiver of any legal relief to which the District may be entitled.

19) CONTROLLING LANGUAGE - Despite any terms or provisions in any contract entered into by the District as a result of any Request for Proposal, the language of the Request for Proposal shall be controlling and shall supersede any contrary language contained in any contract.

20) ISRAEL - Effective, September 1, 2017, the CONTRACTOR affirms that it does not boycott Israel and will not boycott Israel during the contract term. Pursuant to Section 2270.002 of the Texas

Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section

2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

21) CHILD SUPPORT Pursuant to Texas Family Code, Section 231.006, Contractor certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that the

Agreement may be terminated, and payment may be withheld if this certification is inaccurate.

22) FELONY CONVICTION. Pursuant to Texas Education Code Section 44.034, Contractor must give advance written notice if an owner or employee has been convicted of a felony. This paragraph requiring advance notice does not apply to a publicly-held corporation.

23) Compliance with Texas Government Code Chapter 2271: Pursuant to Texas Government Code

Chapter 2271, as amended, if the resulting contract is valued at $100,000 or more and if the

Contractor has at least ten (10) full time employees, then Contractor represents and warrants to the

School District that the Contractor does not boycott Israel and will not boycott Israel during the term of the contract. This provision does not apply to a sole proprietorship.

24) Compliance with Texas Government Code Chapters 2274 and 809: Pursuant to Texas

Government Code Chapters 2274 and 809, if the contract is valued at $100,000 or more and if

Contractor has at least ten (10) full-time employees, then Contractor represents and warrants to the

School District that the Contractor does not boycott energy companies and will not boycott energy companies during the term of the contract. This provision does not apply to sole proprietorships.

25) Compliance with Texas Government Code Chapters 2274: Pursuant to Texas Government Code

Chapter 2274, if the contract is valued at $100,000 or more and if Contractor has at least ten (10) full-time employees, then Contractor represents and warrants to the School District that the

Contractor does not discriminate against firearm entities or firearm trade associations and will not discriminate against firearm entities or firearm trade associations during the term of the contract.

This provision does not apply to sole proprietorships.

26) Anti-Terrorism: In compliance with Chapter 2252 of the Texas Government Code, Contractor certifies that it does not engage in business with Iran, Sudan, or any foreign terrorist organization.

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Contractor also certifies that for the length of this contract, Contractor will not engage in any business with Iran, Sudan, or any foreign terrorist organization.

27) Compliance with Prohibition on Contracts with Abortion Providers: Pursuant to Texas

Government Code Chapter 2272, the School District is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate received something of value derives from state or local tax revenue. Any contract entered into by the School

District is void if the prospective entity has such prohibited affiliation or contractual relationship.

By entering into this Agreement, the Contractor represents and warrants to the School District that the Contractor does not have such affiliation or contractual relationship

28) Independent Contractor. Contractor represents and warrants that it is an independent contractor that will furnish is owns tools, products and services. Contractor, its officers, employees, agents, representatives, subcontractors, suppliers and third-party service providers are not employees of

Sponsor. Contractor represents and warrants that is has no right to claim compensation, vacation pay, sick leave, retirement, health, social security, disability or worker’s compensation benefits of any kind.

29) Insurance Requirements. Contractor shall provide and maintain in effect during the performance of the Agreement insurance of the following types and with indemnification limits not less than the amounts indicated:

Professional Liability: $1,000,000 per occurrence and

$2,000,000 in the aggregate

General Liability:

Each Occurrence $1,000,000

General Aggregate $1,000,000

Personal Injury $1,000,000 each person

Umbrella Coverage: $2,000,000

30) Contractor represents and warrants that it has and will continue the required insurance coverage for the term of this Agreement and will, within five days of School District’s request, provide current certificates of insurance. All required insurance must be in the amounts approved by School

District, shall name School District, its Officers and Employees, as an insured party, will include a waiver of subrogation and be issued by a company or companies with a Financial Strength Ration of “A” or better from A.M. Best Century, Inc. with a Financial Size Category Class of “VII” or better from A.M. Best Company, Inc. and be authorized to do business under the laws of the State of Texas.

31) Immunity. Nothing in this Agreement will be deemed to waive, modify or amend any legal defense available at law or in equity to either of the Parties, nor to create any legal rights or claim on behalf of any third party. Neither of the Parties waives, modifies or alters to any extent whatsoever the availability of any defense of immunity under the laws of the United States of America and/or the

State of Texas.

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PROPOSAL SPECIFICATIONS

1) TERM – One (1) year from Board Award Date, with four (1) one-year renewal options; subject to approval and funding availability.

2) PROJECT CRITERIA - It is not the policy of the Harlandale Independent School District to award or purchase on the sole basis of low price alone. In awarding a contract, the Harlandale Independent

School District shall consider the following factors as well as those specifically listed in the scope and specifications:

Points Criteria Description

35 Ability to Provide Services (Firm Resources)

30 Vendor’s Qualification and Experience

20 The extent the goods or services meet the Harlandale Independent

School District’s needs

10 The vendor’s past relationship with District or history with other school

Districts.

5 In-State Certification.

3) SUBMISSION - Sealed proposals shall be uploaded to the Bonfire Portal https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities, submitted, and finalized prior to the Closing Time of Thursday, July 23, 2026 at 1:00 PM (CT). We strongly recommend that you give yourself sufficient time and at least TWENTY-FOUR (24) hours before Closing Time to begin the uploading process and to finalize your submission. Proposals received after the designated time will not be considered.

Emailed or faxed submission will be rejected without consideration.

4) VENDOR QUESTIONS - are due Monday, July 6, 2026 at 9:00 AM (CT). All questions shall be submitted through the Message Module under Opportunity Q&A tab in Bonfire, https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities. Responses to the questions will be issued as an Addendum and will be posted to the Procurement Portal in the “Supporting

Documentation”.

5) ADDENDUM - In the event that any changes to this proposal occur subsequent to the mailing or other delivery of the original proposal, the changes or corrections to this proposal will be made by

ADDENDUM, and any updated information contained in any ADDENDUM will be in addition to and may prevail over the information contained in the proposal or any previous ADDENDUM. Each

ADDENDUM must be acknowledged on the acknowledgement form provided with the ADDENDUM.

Any required acknowledgement form must be submitted along with the submission of any proposal response, via Bonfire.

6) PRE-BID CONFERENCE & WALKTHROUGH – Not Applicable / NA

7) INVOICING PROCEDURE – Billing\invoicing\pay applications will always be made in arrears.

District Payment Terms are Net 30. Invoices regarding this proposal must have a District issued

Purchase Order number and it must be emailed directly to the Accounts Payable Dept. at the following

EMAIL ADDRESS:

BUSINESSOFFICE@MYHISD.NET

Non-conforming invoices will be rejected without consideration.

https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities mailto:BUSINESSOFFICE@MYHISD.NET

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8) ACCEPTANCE - The right is reserved by the Harlandale Independent School District to accept and/or reject proposals on each item separately and/or as a whole proposal. Proposals received after the time and date specified will be returned unopened.

9) PROPOSAL OPENING - Proposals received unsigned by a representative of the company will not be considered. All proposals shall be delivered to the Purchasing/Bonfire no later than the designated date and time. There will be no Public Bid Opening.

10) REQUIRED FORMS – See Bonfire Procurement Portal “Requested Information.”

11) WITHDRAWAL - The Harlandale Independent School District will consider a WRITTEN request from any vendor permitting the vendor to withdraw any proposal submitted, but ONLY IN ITS

ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR SUBMISSION OF THE

PROPOSAL. A representative from the vendor submitting the proposal that is authorized to enter into contracts on behalf of the vendor must sign the request to WITHDRAW, indicate their title on the request, and submit the request to the Harlandale Independent School District in a manner deemed satisfactory by the Harlandale Independent School District. No proposal may be withdrawn after the date and time proposals are due. If a vendor requests to withdraw a proposal and the Harlandale

Independent School District permits the WITHDRAWAL of the proposal, the vendor may resubmit the proposal or submit a new proposal up until the due date and time for submission provided the new submission meets all the qualifications of the proposal. All proposals in the possession of the

Harlandale Independent School District at the time proposals are due shall be deemed final, conclusive, and irrevocable, and no proposal shall be subject to withdrawal, amendment, or correction after the due date and time unless otherwise permitted by the Harlandale Independent School District during a subsequent negotiation process. The decision of the Harlandale Independent School District relating to any matters pertaining to proposal withdrawal will be final. BRAND NAMES AND CATALOG

NUMBERS - The use of brand names and catalog numbers does not prohibit the substitution of other brands of equal or greater quality, unless “no substitute or only” is specified. All substitutions must meet or exceed specifications to be acceptable. The make, model, and description of all substitutions must be listed by specified item. FAILURE OF THE VENDOR TO COMPLY WITH THESE

SPECIFICATIONS MAY, AT THE OPTION OF THE HARLANDALE INDEPENDENT

SCHOOL DISTRICT DISQUALIFY THAT PORTION, OR THE ENTIRE PROPOSAL,

FROM CONSIDERATION.

12) PRODUCT INFORMATION - Complete warranty information and descriptive and/or illustrative literature covering the item(s) proposed is to accompany the proposal. All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. Material Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS Sheets must be provided for each order within the contract period.

Additional MSDS Sheets must be provided in a timely manner at no charge upon request.

13) SAMPLES - Samples, when requested, must be furnished at no cost to the Harlandale independent

School District. If not destroyed during examination, they will be returned to the proposer on request and at the company’s expense. Each sample, when requested, should be clearly marked with the proposer’s name and item number on the proposal. DO NOT ENCLOSE IN OR ATTACH

PROPOSAL TO SAMPLE.

14) AUTHORIZED PURCHASE - The successful proposer will not begin services or deliver product without a purchase order signed by an authorized representative of the Department of Purchasing. The

Harlandale Independent School District will neither be responsible nor make payment for any goods delivered or services performed without a valid purchase order.

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15) PACKAGING - Unless otherwise provided for on this proposal, all products supplied under any contract resulting from this proposal must be packaged in containers that are new and appropriately designed for the products involved, and sturdy enough to protect the products involved in loading, transit, unloading, and storage. Any products supplied under any contract resulting from this proposal for which palletizing is appropriate must be delivered on standard forty-eight (48”) inch four-way pallets in good and serviceable condition.

16) SHIPPING - All freight, delivery, and handling charges are the responsibility of the vendor and all prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery and handling charges, including unloading and inside deliveries where required. Unless otherwise noted or unless prior approval has been obtained from the Harlandale Independent School District all deliveries shall be made between the hours of 7:00 a.m. through 3:00 p.m., Monday through Friday at the following address.

Central Receiving/Warehouse

12115 SE Loop 410

San Antonio, TX 78221

17) VISITATIONS - The District mandates that any/all vendors/visitors on any district site are subject to

Sexual Predator check through our Visitor Management System prior to being given access.

a. Vendors/visitors must check-in and identify themselves through their driver’s license at the site’s front office for a verification of any past/present convictions.

b. Failure to comply or pass the verification check will result in their denial of access and potential loss of contractual rights.

18) TAXES - The Harlandale Independent School District is a public jurisdiction that is exempt from federal, state, sales, excise, and use taxes. Tax exemption certificates will be provided by the

Harlandale Independent School District upon individual requests from the vendor. Sales tax must not be included in any proposal response or invoice submitted by any vendor unless failure to obtain a Tax

Exemption Certificate from the Harlandale Independent School District has occurred. No taxes of any kind may be passed through by any vendor to the District

19) NON-APPROPRIATION, CANCELLATION-FOR-CONVENIENCE & TERMINATION AT-

WILL - The award of a contract is dependent on the availability of funds. In the event sufficient funds are not appropriated, the contract or award may be terminated or the scope amended. Written notice will be given to the vendor of such termination or amendment, and there will be no penalty or other charge assessed against or incurred by the Harlandale Independent School District. The successful proposer shall be required to agree to non-appropriation language as follows: The obligation of the

District to perform under this agreement shall be contingent upon the Board of Trustees of the District appropriating funds for this Agreement as of September 1st of each year in which this agreement is in effect. Should the District Board of Trustees fail to appropriate funds for this agreement then this agreement shall terminate. District shall notify “Contractor” in writing within five (5) days of any non-appropriation. Except in certain limited circumstances as determined by the District in its sole discretion, the District will require any contract to contain a termination at-will clause in favor of the

District.

20) Nothing herein shall be construed as creating the relationship of employer or employee between the

Harlandale Independent School District and the contractor/vendor or between the Harlandale

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Independent School District and the contractor /vendor’s employee. The contractor/vendor is an independent contract and nothing contained herein shall constitute or designate the contractor/vendor or any of his employees as employees of the Harlandale Independent School District.

21) The contractor/vendor understands and agrees that the above general proposal specifications are terms and conditions of the contract between the Harlandale Independent School District and the contractor/vendor. These general proposal specifications, terms, and conditions shall control and govern in the event of any conflict with any other terms and conditions submitted by the contractor/vendor.

22) DISQUALIFICATION - The District reserves the right to disqualify any proposer at the District’s sole discretion.

23) Upon Notice of Award, a CERTIFICATE OF INTERESTED PARTIES (HB 1295 FORM) will be required. In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. More information is located at the following site:

https://www.ethics.state.tx.us/tec/1295-Info.htm

A business entity must use the on-line application to enter the required information on Form

1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

The on-line application may be obtained at the following site:

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

24) CONFIDENTIALITY - Please indicate if a form or document is privileged information by clearly labeling it “CONFIDENTIAL” at the bottom of the page. Confidentiality is subject to decision by the

Texas Attorney General. Information provided may not be publicly disclosed if such information (1) is confidential by law, (2) would give advantage to a competitor or bidder, or (3) constitutes a trade secret or commercial/financial information which, if released, would cause substantial competitive harm to the person/entity providing the information.

25) Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance

A. Membership. Harlandale 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 District Name 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 http://www.ethics.state.tx.us/tec/1295-Info.htm http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.txctpa.org/ http://txctpa.org/

RFQ 270001 HISD On-Call Engineering and Architectural Services Page 11 of 50 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.

26) LIABILITY INSURANCE (Construction Only) - The Contractor shall purchase, prior to the commencement of the Work, and keep in force the following insurance:

(a.) Workmen’s Compensation and Employer’s Liability Insurance in the Contractor’s name containing a waiver of subrogation in favor of Owner, executed by the Insurance Company.

Statutory – amounts and coverage required by state or states of operation, including provisions for voluntary benefits as required in labor agreements, if any, and including “All

States endorsement”, if applicable.

Employer’s Liability – the limit of liability for this portion of the policy shall not be less than:

$500,000.00 per accident

$500,000.00 per employee (disease)

$500,000.00 Policy Limit (disease)

(b.) Comprehensive General Liability Insurance (with XCU exclusions deleted), including but not limited to Products and Completed Operations coverage, Contractor Protective Liability Insurance in the Contractor’s name, Broad Form Property Damage Insurance, and Personal Injury Liability

Insurance with a combined single limit of not less than $1,000,000.00 for bodily injury and property damage per occurrence.

(c.) Contractual Liability Insurance in the Contractor’s name specifically endorsed to cover the indemnity agreement below in Paragraph (a)(1) hereof. The limit of liability shall not be less than

$1,000,000.00 combined single limit for bodily injury and property damage per occurrence.

(d.) Automobile Liability Insurance with an Employer’s Non-Ownership Liability Endorsement in the Contractor’s name. The limit of liability shall not be less than $1,000,000.00 combined single limit for bodily injury and property damage per occurrence.

(e.) Owner’s Protective Liability Insurance with Owner as the named insured to cover Owner for the Contractor’s operations at the site with a combined single limit of liability of not less than

$1,000,000.00 for bodily injury and property damage per occurrence.

(f.) Umbrella Liability Insurance - $2,000,000.00

27) Certificate of Insurance (Construction Only) - Before the work is commenced, the Contractor shall forward to Owner two (2) copies of the Certificate(s) of Insurance executed by an authorized representative of the insurance company. Such Certificate(s) shall contain a provision that coverage afforded under the policy(s) will not be canceled until at least fifteen (15) days prior written notice has been given Owner. Further, the Contractor shall furnish to Owner similar certificates of insurance from each of the Subcontractors before their respective portions of the Work are commenced, evidencing that each Subcontractor is covered by insurance of similar character and similar amounts as the

Contractor.

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28) Indemnity Agreement (Construction Only)

To the fullest extent permitted by law, the contractor shall defend, protect, indemnify, and hold harmless Owner, the Consultant and any other Owner, and their respective directors, officers, employees, agents, partners, and principals from the following:

Any and all claims, actions, liabilities, losses, costs, and expenses including, but not limited to, attorney’s fees relating to any and all losses or damages (including, without limitations, injury to or death of persons and damage to property) allegedly or actually suffered by any person or persons allegedly or actually arising out of or incidental to the Work, or services and activities of the

Contractor or any Subcontractors or other person or entity acting directly or indirectly through or under the contractor (including, without limitation, all acts and omissions of the officers, employees, and agents of the Contractor, any Subcontractor or any other person or entity acting directly or indirectly through or under the Contractor) in connection with any installation, job, or work under the Contract or while proceeding to or from the Site, whether or not lawful or within the scope of their employment and/or whether or not allegedly or actually arising out of any statute or other law requiring a safe working place or other requirement of law;

Any and all liability and costs for delay or failure by the Contractor, any Subcontractors, or any other person or entity acting directly or indirectly through or under the Contractor to pay any taxes or make any contributions required by the Contract of them to be paid or made;

Any and all liens, claims or actions for funds allegedly or actually unpaid filed or brought by any person or entity directly or indirectly through or under the Contractor;

Violation in or in connection with the performance of the Work of any law statute or ordinance or any governmental or administrative order, rule, or regulation.

In the event any of the matters is brought, made, or asserted by an employee of the Contractor or of any

Subcontractor or any other person or entity acting directly or indirectly through or under the Contractor any defense, hold harmless or indemnification obligations of the Contractor under the Contract shall not be limited or barred in any way by any limitation on the amount of type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or other person or entity under worker’s compensation acts, disability benefits acts, or other employee benefit acts or by any statutory bar or limitation in any worker’s compensation or other similar type of statute.

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SOLICITATION PROCESS OVERVIEW

1) A solicitation is released to the potential proposer.

2) Deadline for submitting the Proposals.

3) The Harlandale Independent School District reviews all Proposals and selects the Proposals reasonably qualified for selection of award.

4) The Harlandale Independent School District and proposer(s) enter into discussions, negotiations, and clarification of Proposals as necessary.

5) Per CH (LOCAL), a recommendation to the Harlandale Independent School District Board of Trustees for Proposal award.

6) A purchase order/contract is executed with the successful Proposer.

CONDITIONS FOR SUBMISSION OF A PROPOSAL

All proposals in response to this request must meet the following conditions to be considered:

1) The selection process for this project will be accomplished in a two-step process as provided in Chapter

2254 of the Education Code.;

2) The District will open, review, analyze, and rank the firms’ qualifications;

3) Factors to be considered during this evaluation will include all documents requested regarding the qualifications of the firm;

4) After the evaluation and ranking of the firms the District may request a presentation of the firms;

5) The District shall first select the most highly qualified provider of services on the basis of demonstrated competence and qualifications and then attempt to negotiate with that provider a contract at a fair and reasonable price;

6) HISD will not be liable for any cost incurred in the preparation of proposals; and

7) If the District is not able to negotiate a satisfactory contract with the most highly qualified provider of engineering services, the District shall:

• Formally end negotiations with the provider;

• Select the next most highly qualified provider; and

• Attempt to negotiate a contract with that provider at a fair reasonable price.

8) The District shall continue the process until a contract is entered into.

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STATEMENT OF WORK

BACKGROUND

The Harlandale Independent School District (District/HISD) serves about 11,100 students with two traditional high schools, the STEM Early College High School, Frank Tejeda Academy, four (4) middle schools, nine (9) elementary schools, and two (2) alternate campuses.

All selected proposals will be contingent upon available funds.

STATEMENT OF WORK

Harlandale Independent School District (HISD) seeks proposals for Architectural, Landscaping, Surveying, Engineering (Civil, Mechanical, Structural, Electrical, Communications/Technology Design, etc.), Materials Testing, Test and Balance and other professional services required for campus, building and facility improvements throughout the District of varying scope and size. This RFQ will allow the District to build a pool of qualified firms to call upon as projects become available. Services required shall be determined solely by the needs of the District.

Minimum Requirements

STATE REGISTRATION OF ARCHITECTURE FIRMS

The Texas Board of Architectural Examiners requires that any firm or business entity providing architectural services to the public, other than a sole proprietor doing business under his/her name, must annually register information regarding the firm or business entity with the Texas Board of Architectural

Examiners. Texas Board of Architectural Examiners, Austin, Texas, has jurisdiction over individuals licensed under the Architects’ Registration Law, Chapter 1051, Texas Occupations Code.

STATE REGISTRATION OF ENGINEERING FIRMS

The Texas Board of Professional Engineers requires that any entity providing engineering services to the public must register with the Texas Board of Professional Engineers. An entity is defined as a sole proprietorship, firm, partnership, corporation or joint stock association.

Evaluation and Selection Process

Upon receipt of statements of qualification, service providers will be reviewed to determine if the minimum qualifications have been met. During the review, each submitting firm will be categorized based on the services and experience indicated in the statement of qualification. As future projects are identified, identified vendors’ submittals will be reviewed to determine which firm is the most highly qualified to perform the required services.

As required by District policy CH (LOCAL), District Staff will seek Board of Trustee approval prior to executing any contract for services exceeding $50,000 in a 12-month period.

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Harlandale ISD is requesting proposals for Professional Engineering Services. “Exhibit A” is a sample agreement that must be negotiated and executed prior to the performance of any work

Respondent must be capable of providing the in-house personnel and services indicated in the basic services required by this RFQ. The specific Scope of Services for each Project shall be described in a Requirements

Work Order (“RWO”) for the specific Project, which shall also establish a lump sum or not-to-exceed cost for Engineer or Architect basic services negotiated with the District Representative at the time. The RWO shall be completed for each Project, in a form substantially similar to the one attached to the Master

Agreement as Exhibit B. Upon completion and execution by both parties the RWO shall be and deemed incorporated herein by reference as if fully set forth.

Proposal Submission Requirements

Proposals shall be organized in the following manner:

A. Statement of Architectural & Engineering Qualifications & Certifications, specifying the type of Engineering Services Proposed/Executive Summary

B. Description of Ability to Provide Architectural & Engineering Services/Firm Resources

(material & personnel)

C. Description Performance on Past Representative Projects (claims, convictions, etc.)

D. Certificate of Original Insurance/Acord Form

E. Architectural / Engineering Capabilities Form (page 29)

F. Mandatory Forms (pages 30-50)

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4440 ● Fax (210) 921-4400

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EXHIBIT A

PROPOSED FORM OF MASTER AGREEMENT

ON-CALL PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL / ENGINEERING

SERVICES

This Agreement is made and entered into by and between the HARLANDALE INDEPENDENT

SCHOOL DISTRICT (“District”) an Independent School District and political subdivision of the State of Texas and _______________________________ (“Engineer”), by and through its designated representative. to provide Engineering or Architecture Services on an as needed basis for various District projects. The Engineer and District may be referred to herein collectively as the “Parties”.

IN CONSIDERATION of the mutual covenants, terms, conditions, privileges and obligations herein contained, District and Engineer do hereby agree as follows:

I. PERIOD OF SERVICE

1.1 This Agreement shall take effect upon execution by both Parties and continue in full force and effect for the period of one (1) year (“Initial Term”). This Initial Term shall be subject to renewal for two (2) additional one-year terms to be effected at the election of the Board of Trustees, executed by the Superintendent of Schools, and contingent upon available funding.

1.2 The services to be provided under this Contract are to be requested on an as-needed basis, based on the requirements of the District. Engineer shall not commence work on any specific Project until establishment of the Scope of Services in a Requirements Work Order in accordance with Article II. herein, and the issuance of a Notice to Proceed for that Project, is issued by the District.

1.3 The Owner is the Board of Trustees of the Harlandale Independent School District, and is referred to throughout this Agreement as if singular in number. The Owner may designate in writing one or more persons to represent the Owner; however, such representatives shall have the authority to bind the Owner only to the extent expressly authorized by the Owner and shall have no implied authority.

II. ESTABLISHMENT OF SCOPE OF SERVICES FOR

SPECIFIC PROJECTS

2.1 Engineer, in consideration for the compensation herein provided, shall render Engineering Services in connection with various construction projects for the District. Engineer’s work will consist of:

2.2 The specific Scope of Services for each Project shall be described in a Requirements Work Order (“RWO”) for the specific Project, which shall also establish a lump sum or a not-to-exceed cost for Engineer’s basic services negotiated with the District Representative at the time. The RWO shall be completed for each Project, in a form substantially similar to the one attached hereto as Exhibit 1. Upon completion and execution by both parties the RWO shall be and deemed incorporated herein by reference as if fully set forth.

2.3 The Engineer, following notification of a need by the District Representative, shall meet with the District’s Representative and the Project Design Professional (if any is under contract for the Project) regarding the scope of Project, (“Scope Meeting”). Engineer shall provide a final written summary of the Engineer’s services required by the Project’s scope. The final Scope of Services agreed upon by the Engineer and the District Representative, as well as a lump sum or a not-to-exceed fee for Engineer’s Basic Services, as negotiated by the Parties, shall be incorporated into the Requirements Work Order for the Project.

2.4 Engineer shall be represented by a professional engineer licensed to practice in the State of Texas at meetings of any official nature concerning the Project, including but not limited to Scope Meetings, Review Meetings and other meetings as may be required by the District Representative or Architect for orderly coordination of the Project. All submittals shall carry the signature and seal; or, in the case of

RFQ 270001 HISD On-Call Engineering and Architectural Services Page 17 of 50 progress submittals or incomplete submittals, an appropriate disclaimer with the responsible professional engineer’s name and license number and, adjacent thereto, the date of the submittal All Services performed under this Agreement must be conducted in full conformance with the Texas Engineering Practice Act. Persons retained by Engineer to perform work pursuant to this Agreement shall be employees or subcontractors of Engineer.

2.5 Engineer shall complete all Project work in compliance with this Agreement, in a timely fashion consistent with the construction schedule and agrees to staff the Project with sufficient necessary, qualified personnel to the Project, in order not to delay or disrupt the progress of the Project.

2.6 Should the scope of the Project subsequently change, either party may request a review of the anticipated services, with an appropriate adjustment in fees; however, such adjustment cannot exceed the maximum allowed for additional services in Article IV, COMPENSATION, and cannot substantially alter the original scope of the Agreement, as established in the RWO.

III. COORDINATION WITH THE DISTRICT

3.1 Engineer shall hold periodic conferences with District’s representative, so that its work will performed in a manner consistent with the District’s needs, current policies and standards. The District shall make available, for Engineer’s use, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and components subject to testing, and to this Project as may be requested by Engineer at no cost to Engineer, but does not warrant the accuracy of such documents.

3.2 The District’s Representative shall act on behalf of the District with respect to the work performed under this Agreement, and shall have complete authority to transmit instructions, receive information, and interpret and define District’s policies and decisions with respect to materials, equipment elements and systems pertinent to Engineer’s services.

3.3 The District’s Representative shall provide written notice to the Engineer of any errors or omissions discovered in the Engineer’s services, or performance, or of any development that affects the scope or timing of Engineer’s services.

3.4 Engineer shall complete all applications and furnish all required data, as set forth in the Scope of Services, compiled by Engineer for District’s use in obtaining any permits or approvals from governmental authorities having jurisdiction over the Projects, as may be necessary for completion of the Project.

Engineer shall not be obligated to develop additional data, prepare extensive reports or appear at hearings in order to obtain said permits or approvals, unless compensated therefore as provided in Article IV, COMPENSATION.

IV. COMPENSATION

4.1 For and in consideration of the services to be rendered by Engineer, District shall pay Engineer a lump sum or a not-to-exceed fee set out in the executed RWO for the Scope of Services established therein.

Nothing contained in this Agreement shall require District to pay for any unsatisfactory work, as determined by District’s Representative, or for work that is not in compliance with the terms of this Master Agreement or the RWO.