RFQ-MA-2026-01 MEP Services.pdf

SAN MARCOS CONSOLIDATED

INDEPENDENT SCHOOL DISTRICT

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

FOR PROFESSIONAL MEP ENGINEERING SERVICES –

DISTRICT-WIDE HVAC Upgrades

The San Marcos Consolidated Independent School District (SMCISD or San Marcos Consolidated ISD) is seeking statements of qualifications from licensed MEP engineering firms to provide comprehensive mechanical, electrical, and plumbing engineering design, permitting, and construction administration services for HVAC system replacements at various campus facilities. It is the intention of SMCISD to establish a qualified group of Professional Services that will be available for upcoming projects related to HVAC conversions. In addition to the requested information, organizations submitting a response may provide supplementary materials further describing their capabilities and experience.

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01) FOR PROFESSIONAL MEP ENGINEERING

SERVICES – DISTRICT-WIDE HVAC Upgrades.

DUE NO LATER THAN 2:00 P.M. ON JULY 27, 2026

SAN MARCOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT

Attn: Marcus Alvarez, Executive Director of Business & Finance

1331 Hwy 123

San Marcos, Texas 78666

NOTE THAT SMCISD WILL BE CLOSED FRIDAY, JULY 17 AND FRIDAY, JULY 24, 2026.

SUBMISSIONS MUST BE IN A SEALED ENVELOPE AND YOU MUST WRITE THE

SOLICITATION NAME, SOLICITATION NUMBER AND YOUR COMPANY NAME ON THE

OUTER ENVELOPE. THREE (3) HARD COPIES AND ONE (1) USB DRIVE CONTAINING THE

SUBMISSION MUST BE INCLUDED IN THE SEALED ENVELOPE.

ANY SUBMITTAL RECEIVED AFTER THE TIME AND DATE STATED ABOVE WILL NOT BE

CONSIDERED.

FAILURE TO COMPLY WITH SPECIFICATIONS MAY RESULT IN THE DISQUALIFICATION

OF YOUR SUBMITTAL.

Submitters must provide all requested information; failure to comply with any portion of this solicitation will be reflected in the evaluation process. SMCISD reserves the right to accept or reject any Submission or any part thereof or any combination of Submissions and to waive any or all formalities. All responses in the Submission may be used by SMCISD in the selection process. SMCISD reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to SMCISD without regard to whether such information appears in the Submission.

OVERVIEW:

SMCISD currently has three campuses – Bowie elementary, DeZavala elementary, San Marcos High School

– with HVAC systems that will need to be upgraded from R22 to current requirements. We are seeking professional MEP services that will be able to assist with design of these systems.

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

FOR PROFESSIONAL MEP ENGINEERING SERVICES –

SMCISD intends for this Request for Qualifications (RFQ) to result in the selection of one or more qualified professionals, to provide the above-mentioned services on a task request/work order basis.

The selected professionals shall perform all tasks and functions associated with the services as required in this

RFQ for the applicable Service Category, pursuant to a contract (or contracts) negotiated with SMCISD.

SMCISD reserves the right to award multiple contracts to qualified Submitters based on their qualifications and experience as a result of this RFQ. The work contemplated is professional in nature. It is understood that each Submitter is acting as an individual, partnership, corporation or other legal entity, is of professional status, is licensed to perform in the State of Texas and licensed for all applicable professional discipline(s) requiring licensing and/or certification(s).

This RFQ is non-project specific. Accordingly, SMCISD will use this pre-qualified list to engage firms for subsequent projects and negotiate compensation amounts with selected Submitters prior to project award.

The project specific requests for task requests/work orders will set forth the services which are to be performed and a desired completion date. Submitter must respond by proposing a work plan, time schedule, budget, deliverables, and list of key personnel, all of which conform to the terms of the request.

The resulting contract(s) with the awarded Submitter(s) shall have an initial term of one year with SMCISD’s option to renew for up to four (4) one-year renewals, and in no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed five (5) years.

SMCISD reserves the right to require additional background checks of identified personnel performing work on any projects or services where direct contact with staff and students may occur. The cost of required background checks will be the responsibility of the successful vendor. SMCISD reserves the right to conduct the background checks at its expense by a third party or other solution in order to assure itself of a thorough background check. Awarded vendor shall certify to SMCISD that any representatives and employees who will be performing services on campuses or will have direct contact with students shall be subject to a criminal history check, shall provide all information needed by SMCISD to perform the background check, and shall not have a criminal history which is objectionable to the District.

Pursuant to Texas Government Code Chapter 2272, SMCISD is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate receives something of value derived from state or local tax revenue. Any contract entered by the District is void if the prospective vendor has such a prohibited affiliation or contractual relationship. By submitting a response to this RFQ, you are certifying to San Marcos Consolidated ISD that you do not have such an affiliation or contractual relationship.

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

RFQ SUBMITTAL INSTRUCTIONS:

1. All RFQ submissions must be delivered to Mr. Marcus Alvarez, Executive Director of Business

& Finance, at the address noted above (mailing and/or physical address). Three (3) hard copies and one (1) USB drive containing submission must be included.

2. E-mailed or faxed submissions will not be accepted.

3. Responses received after the time and date set for receipt and opening will not be considered.

4. All questions regarding this RFQ shall be directed in writing via email to:

department.purchasing@smcisd.net no later than 9:00 a.m. on July 20, 2026. Responses to questions will be published by SMCISD and at https://www.bidnetdirect.com/texas/san-marcos-cisd on July

21, 2026, at 12:00 p.m.

5. No Submitter may contact any other person than Marcus Alvarez at San Marcos Consolidated

ISD regarding this RFQ.

6. No submission may be changed, amended or modified by any means after the submission has been opened at the date and time shown noted by SMCISD.

7. Due to the Public Information Act or Open Records Act, any information that the respondent would like to be kept confidential must be marked accordingly.

SCHEDULE OF EVENTS

Advertise RFQ – July 12, 2026, and July 19, 2026

Issue RFQ -July 12, 2026

Questions deadline – 9:00 a.m. on July 20, 2026

Answers provided – 12:00 p.m. on July 21, 2026

Qualifications Response Due – Monday, July 27, 2026, 2:00 p.m. CST

Recommendation to Board of Trustees - anticipated August 17, 2026

COMMITMENTS:

1. SMCISD reserves the right to withdraw or modify this RFQ at any time and for any reason.

2. Receipt of response by SMCISD, or submission of a response to SMCISD, or selection of a Submitter for the purposes of negotiating a contract; confers no rights to the Submitter, nor obligates SMCISD in any manner.

3. SMCISD reserves the right to award or not award the contract(s). SMCISD also reserves the right to award the contract(s) to the party or parties that the SMCISD Board of Trustees determines to be most qualified and most responsive to this RFQ.

4. SMCISD is under no obligation regarding this RFQ until written contract(s) are approved and executed by all parties and funding is available for the services.

5. The cost of developing a response is the sole responsibility of the Submitter. SMCISD shall not provide reimbursement of such cost and shall not be liable for any response preparation cost for any reason whatsoever.

mailto:department.purchasing@smcisd.net https://urldefense.proofpoint.com/v2/url?u=https-3A__www.bidnetdirect.com_texas_san-2Dmarcos-2Dcisd&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=FEmXtL5YUhOiABYS0I-pQkW3q2YfgkyJUFNCJT9M_AI&m=0mYfg2fwGThbRfpIsqWc2GJlw0kSm1406_rMZgLtKZ4zJeCS5psLZm4FbbU0KYXN&s=JGHHEw4THUYhlGC90ZnHweMVnZMVOuldV-q_9V95zgU&e

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

REQUIREMENTS OF THE RESPONSE:

Submitters are advised to adhere to the submittal requirements of the RFQ. Failure to comply with the instructions of this RFQ may be cause for the submission to be deemed non-responsive for that Service

Category or overall. Submitters must provide information in the appropriate areas throughout the RFQ. By submitting a response to this RFQ, you are acknowledging that your response and related submittals may become part of the contract. Submitters must also acknowledge receipt of Addenda issued by SMCISD, if any.

Section 1: Submitter’s Introduction and Qualifications

1-1. A cover letter which shall identify the specific Service Category being responded to, as described in

Exhibit A that applies to the submission. Include a brief statement of interest, number of years in business, and information regarding organizational structure, availability and intent to perform services and general qualifications for selection and signature of an authorized officer of the Submitter who has legal authority to bind the entity. The cover letter should also indicate the Submitter’s name, address, phone and e-mail address, and person to be contacted regarding the response.

1-2. Provide proof of professional liability, general liability, auto liability and worker’s compensation/employer’s liability insurance. Professional liability insurance should remain in force during the term of the contract(s). Please state the carrier, agent, amount, expiration date and length of time you have maintained coverage for professional liability, general liability, auto liability and worker’s compensation/employer’s liability insurance coverage.

1-3. Submit an organization chart accounting for all proposed project personnel, in addition to resumes highlighting the education, licenses(s) (as applicable), and certification(s) (as applicable), position title, experience, capabilities, and accomplishments of the Submitter’s employees who would be assigned to the district’s project(s). Clearly identify individuals who are subcontractors or other third-party associates of the firm.

1-4. Describe your firm’s demonstrated technical competence and qualifications. Clearly note key personnel areas of expertise and areas for prime responsibility for various tasks or aspects of the

Services.

1-5. Submitter must provide a copy of its audited financial statements for the last three (3) years. Submitters that are comprised of more than one entity must include financial statements for each entity. SMCISD reserves the right to accept or reject any financial documentation other than audited financial statements requested by this section. If Submitter is unable to provide audited financial statements, state the reasons in your Qualifications response and provide financial documentation in sufficient detail to enable

SMCISD to assess the financial condition of your company. Sufficient alternate documentation would be un-audited financial statements from those Submitters not required to have their financial statements audited. At a minimum, those statements need to include the balance sheets and income statements (or equivalent) for the requested three (3) years. Assets/liabilities and income/expenses must be presented in adequate detail for SMCISD to assess the financial condition of the Submitter.

Section 2: Submitter’s Experience

2-1. Provide a comprehensive summary of the scope of services provided of similar professional services for which the Submitter firm has provided comparable services for public school districts or other governmental entities in the last five (5) years. Include total scope of services provided, Client/Owner contact information and contract term (start and end date or indicate if currently providing services).

At least three (3) client references are to be submitted in Exhibit B.

2-2. Provide a comprehensive summary of the scope of services provided for which the Submitter firm has provided comparable services for all entities in the last five (5) years. Include total scope of services provided, Client/Owner contact information and contract term (start and end date or indicate if currently providing services). At least three (3) client references are to be submitted in Exhibit B.

SMCISD may solicit from previous clients or any available sources relevant information concerning

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

Submitter’s record of past performance.

2-3. Identify all professional services within the last five (5) years for which Submitter rendered professional services on which a claim was asserted. “Claim” means litigation, submission to a dispute resolution board, or the use of other alternate dispute resolution such as mediation or arbitration. For each such project identified, please state the nature and description of the claim, including alleged claims for professional errors or omissions, contract extras, delay, disruption or impact claims, time extension claims, or other similar claims; the identity of the owner or consultant, and contractor;

whether Submitter, or Submitter’s agents, employees or consultants, was a party or alleged to have some responsibility for the claim; and the disposition of the matter.

Section 3: Submitter’s Professional Engagement Approach

3-1. Submitter must provide an executive summary which explains its understanding of SMCISD’s intent and objectives and how their response achieves those objectives. The summary must discuss

Submitter’s overall strategy and methodology for successfully implementing and managing services specific to each Service Category for SMCISD; capacity to perform, and approach to project management, satisfying the scope of services in the RFQ and any additional factors for SMCISD’s consideration. Include a sample/standard engagement schedule and summary report, if applicable, reflecting the Submitter’s overall typical engagement approach and factors to be considered in delivery.

3-2. Provide a description of planned efforts to provide quality work, meet schedules, and work within an agreed-upon budget. Describe Submitter’s quality assurance processes and/or provide peer review reports/documentation.

3-3. Describe how your firm manages dispute resolution, claims avoidance services, response time and project support.

3-4. Describe your approach to engagement changes, team communication, in addition to collaboration with internal and external stakeholders.

3-5. Provide a description of how you believe your firm would add value to SMCISD.

Exhibit C Forms

1. W-9 Form. Please attach your Request for Taxpayer Identification Number and Certification (Form W-

9 Form) signed and completed. A blank form is located in Exhibit C.

2. Conflict of interest Questionnaire (Form CIQ) is required to be submitted by vendor or other person doing business with a local government entity in accordance with Chapter 176, Local Government

Code. For more information, please visit https://www.ethics.state.tx.us/forms/conflict/. Please acknowledge that there are no known conflicts of interest with local government officer. A blank form is located in Exhibit C.

3. Form 1295 - Any contract awarded by the SMCISD Board of Trustees will require the interested party to complete this filing online on the Texas Ethics Commission’s website before the contract is executed.

A sample Form 1295 is located in Exhibit C. Submitters are NOT required to complete the enclosed form and include it in their response. Complete instructions and important information can be located at the following website: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

4. Felony Conviction Notification – must be completed and signed. A blank form is located in Exhibit

C.

5. Non-Collusion Statement – must be completed and signed. A blank form is located in Exhibit C.

6. Acknowledgement of Addenda – must be completed and signed. A blank form is located in Exhibit

C.

7. Signature Page and Declaration of Compliance – must be completed and signed. A blank form is located in Exhibit C.

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

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

Exhibit D Contract Documents

The SMCISD intends to utilize a Master Agreement – Stand-by Professional Services Agreement for

Construction Related Services, or another appropriate contract depending on the services to be provided. A sample contract is attached in Exhibit D. Please note any exceptions, deviations, or issues you would raise relative to the sample contract contained in Exhibit D.

SMCISD will first select the most highly qualified provider(s) based on demonstrated competence and qualifications to perform the services; and then will negotiate contracts for a fair and reasonable price. TEX.

GOV’T CODE §2254.003. SMCISD will conduct an initial screening of the firm's qualifications and experience. SMCISD, at its sole discretion, shall reserve the right to schedule interviews or presentations by prospective firms. Interview criteria may be given to finalists receiving Interview requests.

Evaluation Criteria Weight

Quality of Goods and Services 20%

Project and Client References 20%

District Assigned Team & Services 20% Recent Performance of Similar Size & Scope 15%

Previous Experience with Schools/Public Entities 13%

Financial Stability 7%

Insurance 5%

TOTAL - 100%

REQUEST FOR QUALIFICATIONS (RFQ-MA-2026-01)

EXHIBIT A

SCOPE OF SERVICES

The Offeror may submit qualifications in response to this RFQ for the following professional service category:

1. Mechanical, Electrical and Plumbing Services

Performance of required mechanical, electrical, and/or plumbing services, plans, specifications, and construction phase services, as identified by the SMCISD or as identified in contract documents.

The selected consultants shall be represented by a professional engineer licensed to practice in the

State of Texas or an Engineer-In-Training subject to the supervision of a professional engineer, 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 for the Project. All submittals shall carry the signature and seal; or, in the case of 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 must be conducted in full conformance with the Texas Engineering Practice Act.

REQUEST FOR QUALIFICATIONS RFQ-MD-2324-01

VARIOUS PROFESSIONAL SERVICES

EXHIBIT B

COMPANY REFERENCES/CLIENT PROFILE INFORMATION

SERVICE CATEGORY:

In addition to providing the information set forth above in “Requirements of the Response” and set forth as Sections 1, 2, and 3 above, please submit a completed client profile information sheet for each reference.

(1) Client Name:

(2) Address:

(3) City, State, Zip Code:

(4) Project Manager:

(5) Telephone Number:

(6) E-mail:

(7) Number of Employees in Client Organization:

(8) Project Scope of Services/Goals:

(9) Contract Award Date: Completion Date:

(10) Describe how the client’s goals were met. Describe the professional services in the proposed

Service Category offered and implemented. Attach additional pages, as necessary.

(11) Discuss significant obstacles to providing the required services and how those obstacles were overcome:

(12) Is the client still utilizing the professional services in the proposed Service Category?

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

PROFESSIONAL SERVICES

EXHIBIT C

REQUIRED FORMS

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FORM 1295

A person or business entity entering into a contract and/or agreement with SMCISD is required by the New Government Code Statute §2252.908, to complete Form 1295 “Certificate of Interested

Parties” located at https://www.ethics.state.tx.us/filinginfo/1295/. Once the online submission has been processed and a claim number has been issued, the form must be printed with the claim number, then signed and submitted along with the bid/quote/proposal document(s).

THIS FORM MUST BE COMPLETED ONLINE

https://www.ethics.state.tx.us/filinginfo/1295/

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No.1, Section 44.034, Notification of Criminal History, Subsection (a) states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.”

This notice is not required of a Publicly-held Corporation.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

Vendor’s Name

Authorized Company Official’s Name (Printed)

a. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable:

Signature of Company Official

b. My firm is not owned nor operated by anyone who has been convicted of a felony.

c. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony (attach additional pages if necessary):

Name of Felon(s)

Details of Conviction(s)

Printed Name & Title Company Official

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

NON-COLLUSION STATEMENT

, being first duly sworn, deposes and says this:

(1) S/he is of

(a partner or officer) (the firm of, etc.) the Respondent who has submitted the attached Statement of Qualifications.

(2) S/he is fully informed respecting the preparation and contents of the attached Statement of Qualifications and of all pertinent circumstances respecting such Statement of Qualifications.

(3) That Statement of Qualifications is genuine and is not a collusive or sham response.

(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with another Respondent, firm or person, to submit a collusive or sham. Response in connection with the Contract for which the attached Statement of Qualifications has been submitted or to refrain from proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion, or communication or conferences, with any other Respondent, firm or person to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the San Marcos

Consolidated Independent School District or any person interested in the proposed contract; and,

(5) The price or prices which will be offered if selected as the successful Respondent in connection with this

Request for Qualifications will be fair and proper and will not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Respondent or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Respondent’s Business Name):

(Respondent’s Representative Signature)

(Respondent’s Representative Printed Name & Title)

Subscribed and sworn to before me on this day of , 2026.

NOTARY PUBLIC, STATE OF TEXAS

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

ACKNOWLEDGEMENT OF ADDENDA

I, , acknowledge receipt of the following Addendums to the Request for

Qualifications issued by San Marcos Consolidated Independent School District, on behalf of the Respondent listed below:

Addendum No. . Dated: Entitled:

□ Not Applicable

Respondent’s Business Name:

Signature:

Printed Name and Title:

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

SIGNATURE PAGE AND DECLARATION OF COMPLIANCE

Check (✓) the box that indicates business structure of Respondent

Individual/Sole Proprietorship Partnership or Joint Venture Corporation

Other Entity (State Type)

The undersigned certifies that (s)he is (title) of the Respondent entity named below; that (s)he is authorized to sign this Submission (if a Corporation then by resolution with Certified Copy of resolution attached) for and on behalf of the entity, if any, named below, and that (s)he is authorized to execute same for and on behalf of and bind said entity to the terms and conditions provided for in the

Submission as required by this RFQ, and has the requisite authority to execute an Agreement on behalf of

Respondent, if awarded, and that the 11-digit Comptroller’s Taxpayer Number for the entity, if any, is:

11-digit Comptroller’s Taxpayer Number Employer Identification Number

Respondent Organization Name

By:

Printed Name:

Title:

By signing this Signature Page and Declaration of Compliance, I do hereby declare that I have read the Request for Qualifications on which our Submission is submitted with full knowledge of the requirements and do hereby agree to furnish all services in full accordance with the requirements outlined in the Request for

Qualifications.

By signing and executing this Submission, I further certify on behalf of my organization and represent to the District that Respondent has not offered, conferred or agreed to confer any pecuniary benefit, as defined by TEXAS PENAL CODE ANN.§218, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this Submission; the Respondent also certifies and represents that Respondent has not offered, conferred or agreed to confer a pecuniary benefit or other things of value as consideration for the recipient’s decision, opinion, recommendation, vote or other exercise of discretion concerning this Submission; the Respondent certifies and represents that Respondent has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of

SMCISD concerning this proposal on the basis of any consideration not authorized by law; the Respondent also certifies and represents that Respondent has not received any information not available to other

Respondent so as to give the undersigned a preferential advantage with respect to this Submission; the

Respondent further certifies and represents that Respondent has not violated any state, federal or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and that Respondent will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of SMCISD in return for the person having exercised the person’s official discretion, power or duty with respect to this Submission; the Respondent certifies and represents that it has not nor and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent or employee of t SMCISD in connection with information regarding this proposal, the submission of this Submission, the award or the performance, delivery or services pursuant to this

Submission.

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

EXHIBIT D

MASTER AGREEMENT - STAND-BY PROFESSIONAL SERVICES AGREEMENT FOR

CONSTRUCTION RELATED SERVICES

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

[List any projects]

MASTER AGREEMENT

STAND-BY PROFESSIONAL SERVICES AGREEMENT

FOR CONSTRUCTION RELATED SERVICES

This Agreement is made and entered into by and between the SAN MARCOS CONSOLIDATED

INDEPENDENT SCHOOL DISTRICT (“District”), a public school district and political subdivision of the State of Texas and , a , by and through its designated representative (“Consultant”). The Consultant and District may be referred to herein collectively as the

“Parties,” to provide Services for any, some, none, or all of the following projects:

District Projects

IN CONSIDERATION of the mutual covenants, terms, conditions, privileges and obligations herein contained, District and Consultant 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 required for completion of the duties as set forth in the Scope of Services, as well as any warranty period. Performance shall commence upon issuance of a Notice to Proceed by the District’s Representative, and shall end upon substantial completion of Consultant’s duties as set forth in the Scope of Services and upon written acceptance by the District of the work product or services rendered, unless extension or earlier termination shall occur pursuant to any of the provisions herein.

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. Consultant 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.

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

II. ESTABLISHMENT OF SCOPE OF SERVICES FOR

SPECIFIC PROJECTS

2.1 Consultant, in consideration for the compensation herein provided, shall render

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services and/or services in connection with the Projects listed above. The Consultant’s work will consist of:

2.2 services, when the Consultant and District fully execute a Requirements Work Order to provide said services. Performance of services for the specified Project site(s), including but not limited to , and preparation of written reports for the

District including , and recommendations as more particularly described in a Requirements Work Order as set out in Section 2.2. Services may include all or some of the following:

A. After a discussion with the District regarding the unique aspects of each project as well as the relative priorities and budgets , as recommended by the industry, recommend a for the District based on the Consultant’s professional experience.

B. Provide for the proposed project, based on the Consultant’s professional experience and standard of care.

C. Provide .

The Consultant will comply with the Project Construction Documents and shall be performed in conformance with the standards of care and quality practiced by engineering professionals experienced with the services described herein and engineering generally on projects similar to the Projects listed above.

2.3 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 not-to-exceed cost for Consultant’s basic services negotiated with the District Representative. 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, each RWO shall be and deemed incorporated herein by reference as if fully set forth.

2.4 The Consultant, 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”). Consultant shall provide a final written summary of the Consultant’s services required by the Project’s scope. The final Scope of Services agreed upon by the Consultant and the

District Representative, as well as a not to exceed fee for Consultant’s Basic Services, as negotiated by the

Parties, shall be incorporated into the Requirements Work Order for the Project.

2.5 Consultant shall be represented by a professional engineer licensed to practice in the State of Texas or an Engineer-In-Training subject to the supervision of a professional engineer, 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 for the Project. [If applicable: All submittals shall carry the signature and seal; or, in the case of 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 Consultant to perform work pursuant to this Agreement shall be employees, subconsultants, or subcontractors of Consultant.

2.6 Consultant 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.

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2.7 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 this Agreement.

III. COORDINATION WITH THE DISTRICT

3.1 Consultant shall hold periodic conferences with District’s representative, so that its work will be performed in a manner consistent with the District’s needs, current policies and standards. The District shall make available for Consultant’s use, information in its possession relative to the Project, if any, as may be requested by Consultant at no cost to Consultant, 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 authority to transmit instructions, receive information, and interpret and define District’s policies and decisions with respect to information pertinent to Consultant’s services.

3.3 The District shall provide written notice to the Consultant of any errors or omissions discovered in the

Consultant’s services, or performance, or of any development that affects the scope or timing of Consultant’s services.

3.4 Consultant shall furnish all required data, as set forth in the Scope of Services, compiled by Consultant for District’s use in obtaining any permits or approvals from government authorities having jurisdiction over the Projects, or as may be necessary for completion of the Project. Consultant shall not be obligated to develop additional data, prepare extensive reports or appear at hearings 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 Consultant, District shall pay Consultant a not-to-exceed fee set out in the executed Requirements Work Order for the Scope of Services established therein. Nothing contained in this Agreement shall require the 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 Agreement.

The District shall not be required to make any payments to Consultant at any time Consultant is in default under this Agreement.

4.2 Basis for Compensation and Invoicing. During the course of a Project, the Consultant shall submit monthly invoices for work performed and completed and reimbursable expenses properly incurred and documented which has not been included on previous invoices. Payments shall be made to the Consultant in accordance with the Requirements Work Order for the Project, the Fee for Basic Services established therein and the Texas Prompt Payment Act. The scope and quantity of the services provided will be dependent upon services actually authorized and required by the District and performed by the Consultant. Charges will be assessed only for actual services rendered.

4.3 Additional Professional Services. Consultant may be required to perform the additional services in connection with a particular Requirements Work Order, including, but not limited to, those listed in Exhibit 1.

4.4 Compensation for Additional Professional Services. Compensation for such additional services shall be subject to prior approval of the District and approval of the Board of Trustees if additional funds not provided for in the initial budget are required to cover such services. Should Consultant be directed in writing by District’s representative to perform these services, compensation shall be paid by District to Consultant as authorized in writing by District’s representative.

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

V. OWNERSHIP AND RETENTION OF DOCUMENTS

5.1 Upon completion or termination of the Project, or upon request by the District, all documents and information, in whatever form, given to, prepared or assembled by the Consultant in connection with its performance of its duties under this Agreement shall become the sole property of the District and shall be delivered at no cost to the District without restriction on future use. Documents and information covered by this Article shall include, but not be limited to, reports, test results, field notes and other data. The District shall have free and immediate access to all such information at all times during the term of this Agreement with the right to make and retain copies of documents, notes and data, whether or not the Project has been completed. Prior to surrender of the documents and information, Consultant may make copies of any and all documents for its files, at its sole cost and expense. Consultant shall not be liable for any unauthorized reuse or modification by District or third parties of its documents, reports or other work products.

5.2 The Consultant shall maintain all books, records, samples, and reports required under this contract for the minimum period required by state law for record retention for public school districts or local governmental units, but in no event less than a period of ten (10) years after final payment is made and all pending matters are closed. Prior to the destruction or disposal of any records, testing samples, or reports, the Consultant will notify the District within thirty (30) calendar days of the scheduled destruction or disposal of said records, samples, or reports and give the District an opportunity to obtain possession of, retain and store same at its own cost.

In addition, the Consultant shall maintain an acceptable cost accounting system during the term of this

Agreement. The Consultant agrees to provide the District, or any of their duly authorized representatives, access to any books, documents, papers and records of the Consultant which are directly pertinent to this

Agreement for the purpose of making audit, examination, excerpts and transcriptions.

5.3 Consultant shall notify District, immediately, in the event Consultant receives any requests for information from a third-party, which pertain to the documentation and records referenced herein. Consultant understands and agrees that District will process and handle all such requests.

5.4 At any time during the Project, upon reasonable notice and during normal business hours, the District shall have the right to unrestrained direct access to subconsultants, laboratories and/or testing facilities used by Consultant for work performed by Consultant under this Agreement; and the District shall have the unrestricted right to obtain original or duplicate copies of reports and testing results directly from the subconsultant, lab or testing facility used by Consultant.

VI. TERMINATION OF AGREEMENT

6.1 Termination Without Cause.

6.1.1 This Agreement may be terminated by District without cause, prior to District’s representative giving Consultant written Notice to Proceed, should District’s representative, in its sole discretion, determine that it is not in District’s best interest to proceed with this Agreement. Such notice shall be provided in accordance with the notice provisions contained in this Agreement and shall be effective immediately upon delivery to the Consultant.

6.1.2 This Agreement may be terminated by the District at any time after issuance of the District’s representative’s Notice to Proceed, either for the District’s convenience or because of Consultant’s failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01 whether completed or in progress, delivered to the District.

6.1.3 If the termination is for the convenience of the District, following inspection and acceptance of Consultant’s services properly performed prior to the effective date of termination an equitable adjustment in the contract price shall be made for work properly performed prior to notice of termination and receipted by the District. Consultant shall not, however, be entitled to lost or anticipated profit on unperformed services, should District choose to exercise its option to terminate, nor shall Consultant be entitled to compensation for any unnecessary or unapproved work performed during time between the issuance of the District’s notice of termination and the actual termination date.

6.1.4 If the termination is due to Consultant’s failure to fulfill its obligations, the District may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Consultant shall be liable to the District for any additional cost occasioned to the District thereby.

6.1.5 If, after notice of termination for failure to fulfill contract obligations, it is determined that the

Consultant has not so failed, the termination shall be deemed to have been effected for the convenience of the

District. In such event, an equitable adjustment in the contract price shall be made as provided in paragraph

6.1.3 of this clause.

6.1.6 The rights and remedies of the District provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

6.1.7 This Agreement may be terminated by the Consultant, at any time after issuance of the

District’s representative’s Notice to Proceed, upon ninety (90) calendar days written notice provided in accordance with the Notice provisions contained in this Agreement.

6.2 Defaults With Opportunity for Cure. Should Consultant fail, as determined by the District’s representative, to satisfactorily perform the duties set out in Article II. SCOPE OF SERVICES; or comply with any covenant herein required, such failure shall be considered an Event of Default. In such event, the

District shall deliver written notice of said default, in accordance with the notice provisions contained in this

Agreement, specifying the specific Events of Default and the action necessary to cure such defaults. Consultant shall have ten (10) calendar days after receipt of the written notice to cure such default. If Consultant fails to cure the default within such cure period, or take steps reasonably calculated to cure such default, District shall have the right, without further notice, to terminate this Contract in whole or in part as District deems appropriate, and to contract with another Consultant to complete the work required by this Agreement. District shall also have the right to offset the cost of said new agreement with a new Consultant against Consultant’s future or unpaid invoice(s), subject to any statutory or legal duty, if any, on the part of District to mitigate its losses.

6.3 Termination For Cause. Upon the occurrence of one (1) or more of the following events, and following written notice to Consultant given in accordance with the notice provisions contained in this Agreement, District may immediately terminate this Contract, in whole or in part, “for cause”:

6.3.1 Consultant makes, directly or indirectly through its employees or representatives, any material misrepresentation or provides any materially misleading information to District in connection with this

Agreement or its performance hereunder; or

6.3.2 Consultant violates or materially fails to perform any covenant, provision, obligation, term or condition of a material nature contained in this Agreement, except those events of default for which an opportunity to cure is provided herein; or

REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01

6.3.3 Consultant fails to cure, or initiate steps reasonably calculated to cure, a default as required by this Agreement, within the time period required for cure; or

6.3.4 Consultant violates any rule, regulation or law to which Consultant is bound or shall be bound under the terms of this Agreement; or

6.3.5 Consultant attempts the sale, transfer, pledge, conveyance or assignment of this Agreement contrary to the terms of this Agreement; or

6.3.6 Consultant ceases to do business as a going concern; makes an assignment for the benefit of creditors; admits in writing its inability to pay debts as they become due; files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Contract shall continue) and such petition is not dismissed within forty-five (45) calendar days of filing; or if a receiver, trustee or liquidator is appointed for it, or its joint venture entity, or any substantial part of Consultant’s assets or properties.

6.4 Termination By Law. If any state or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties herein, or, if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition.

6.5 Orderly Transfer Following Termination. Regardless of how this Agreement is terminated, Consultant shall affect an orderly transfer to District or to such person(s) or firm(s) as the District may designate, at no additional cost to District. Upon the effective date of expiration or termination of this Agreement, Consultant shall cease all operations of work being performed by Consultant, or any of its subcontractors, pursuant to this

Agreement. All completed or partially completed documents, papers, records, charts, reports, and any other materials or information produced, or provided to Consultant, in connection with the services rendered by

Consultant under this Agreement, regardless of storage medium, shall be transferred to District. Such record transfer shall be completed within thirty (30) calendar days of the termination date and shall be completed at

Consultant’s sole cost and expense. Payment of compensation due or to become due to Consultant is conditioned upon delivery of all such documents.

6.6 Claims for Outstanding Fees. Within forty-five (45) calendar days of the effective date of completion, or termination or expiration of this Agreement, Consultant shall submit to District its claims, in detail, for the monies owed by District for services performed under this Agreement through the effective date of termination. Failure by Consultant to submit its claims within said forty-five (45) calendar days shall negate any liability on the part of District and constitute a waiver by Consultant of any and all right or claims to collect monies that Consultant may rightfully be otherwise entitled to for services performed pursuant to this Agreement.

6.7 Termination Not Sole Remedy. In no event shall District’s action of terminating this Agreement, whether for cause or otherwise, be deemed an election of District’s remedies, nor shall such termination limit, in any way, at law or at equity, District’s right to seek damages from or otherwise pursue Consultant for any default hereunder or other action.

VII. SUSPENSION OF WORK UNDER AGREEMENT

7.1 Right of District to Suspend. District may suspend work under this Agreement for any reason, with or without cause, upon the issuance of written Notice of Suspension in accordance with the Notice provisions contained in this Agreement. Such suspension shall take effect upon the date specified in such notice; provided, REQUEST FOR QUALIFICATIONS RFQ-MA-2026-01 however, such date shall not be earlier than the tenth (10th) calendar day following receipt by Consultant of said notice.