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1221 E Kingsbury St Seguin, TX 78155

Phone 830.401.8634 Fax 830.379.3689

amiranda@seguin.k12.tx.us

Aaron Miranda * Purchasing Coordinator

August 15, 2018

The Seguin Independent School District is accepting proposals by mail or at the Seguin ISD Purchasing Department, 1221 E Kingsbury St, Seguin, TX 78155 for RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium. The RFQ package may be found in its entirety at:

http://www.seguin.k12.tx.us/page/business.bids

Proposals for RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium will be accepted until the opening on Tuesday, September 11, 2018, at 2:00 p.m. A pre-qualification conference will be at 1221 E Kingsbury St, Seguin, TX 78155 in the Juan Seguin Room on Thursday, August 30, 2018 at 10 a.m. Proposals will not be public information until a recommendation has been made to the School Board.

Proposal envelopes must be plainly marked with the RFQ number, description and to the attention of the Purchasing Department. The Purchasing Department may open unmarked submissions to properly identify them. Respondents are advised to correctly mark submissions to protect the integrity of the proposal.

Respondents accept all responsibility for forwarding the proposal to the address above within the specified time or it will be disqualified.

The Seguin Independent School District reserves the right to accept or reject any or all proposals in the best interest of the district and to waive any formalities or irregularities in the RFQ process.

Contacts: James Pizana– (830) 401-8611 or jpizana@seguin.k12.tx.us Aaron Miranda - (830) 401-8634 or amiranda@seguin.k12.tx.us Bill Lewis - (830) 401-8642 or blewis@seguin.k12.tx.us

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NOTICE TO VENDORS

Request for Qualifications RFQ # 19-02

Design Services for Seguin Independent School District Matador Stadium

Pursuant to Government Code 2254 – Subchapter A, this Request for Qualifications (RFQ) is intended to solicit qualifications from Architectural and Engineering Design firms, (Respondents) with capabilities of design services related to replacement/retrofit of features and elements in the existing Matador Stadium complex at Seguin ISD (“Owner”). For the purpose of this RFQ, “Respondent” refers to any entity or team that is qualified to provide all of the Architectural and Engineering Design services as listed in this request. It is the intent of the Owner to select the Respondent(s) demonstrating the best overall value to the Owner and to enter into a single contract with a qualified firm to provide design services to the Owner.

Direct Questions to: Aaron Miranda- Purchasing Coordinator

830-401-8634 amiranda@seguin.k12.tx.us

Proposals will be received at: Seguin Independent School District

ATTN: Purchasing Dept. - RFQ #19-02 1221 E Kingsbury St, Seguin, TX 78155

Proposals will be received until 2:00 p.m. on Tuesday, September 11, 2018. Proposals

received after closing time will be disqualified. During the selection process, the District will rank all statements of professional qualifications submitted, possible interviews/presentations and select the most qualified firm for recommendation to the Board of Trustees. Number of Copies: Submit a total of five (5) proposal copies: the original and

three (3) copies of the signed proposal sheets, certifications, supporting data, and one (1) digital copy in a sealed envelope.

Sealed proposals will be publicly opened in accordance with Texas Education Law 44.031. However, the

proposals will be “under evaluation” until final awards are determined.

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SUBMISSION CRITERIA:

INVITATION TO SUBMIT QUALIFICATIONS: Seguin ISD formally provides all interested parties with the opportunity to submit qualifications for the following service(s): • Design services related to replacement/retrofit of features and elements in the existing Seguin ISD

Matador Stadium complex. Project will address bleachers (home and visitor sides), press box, restrooms, concession/ticketing, track and field surface replacement, reconfiguration of track and field components (pole vault, long jump, shot put, etc.), and other efforts necessary to address accessibility, drainage, utilities, etc. as required. Professional services are being sought for design only. Services related to construction administration are to be addressed via another solicitation.

All interested parties should follow the formal outline, as given on the following pages, and submit response qualifications by 2:00 p.m. on Tuesday, September 11, 2018. INTERVIEW PHASE: After receipt of qualification statements on September 11, 2018, the District’s Review Committee will review each RFQ submittal package. After review, an e-mail notification will be issued to those firms selected for the interview phase. Those firms selected for an interview will meet at an allotted time with the District’s Interview Committee on Tuesday, September 25, 2018. The interview will consist of a 15-minute presentation to the District, showcasing the Respondent’s qualifications for the requested services. Respondents should allow approximately 45 minutes for this meeting. QUESTIONS: Questions will be due no later than 4:00 p.m. Monday, September 3, 2018. Answers to all questions will be posted Wednesday, September 5, 2018, on the District website http://www.seguin.k12.tx.us/page/business.bids. All questions regarding this Request for Qualifications can be directed to:

Aaron Miranda – Purchasing Coordinator 830-401-8634 amiranda@seguin.k12.tx.us

TERMS AND CONDITIONS: This solicitation shall be governed by the following documents which are incorporated herein. A copy may be obtained at http://www.seguin.k12.tx.us/page/business.bids or by contacting the Purchasing Department staff listed on the cover sheet. Any exception to the terms and conditions must be included in the Respondent’s proposal. Texas Education Code 44.031 and Government Code 2254 and 2269 Purchasing and Acquisition, Seguin ISD Policy CH (Legal) Purchasing and Acquisition, Seguin ISD Policy CH (Local) RIGHT TO REJECT: Seguin ISD retains the right to reject any and all proposals submitted. Seguin ISD is not required to select the proposal with the lowest bid but shall take into consideration other factors, including past experience, financial stability, references, ability to provide requested services, and any other factors found necessary for quality service.

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SUBMISSION AND DUE DATE: Five proposal copies, shall be mailed to: Seguin Independent School District

ATTN: Purchasing Department – RFQ #18-10 1221 E Kingsbury St, Seguin, TX 78155

Sealed proposals should reference RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium- Due 2:00 p.m. Tuesday, September 11, 2018 on the outside cover. If the proposal is an amendment to a proposal previously submitted this should be notated as well. The amended proposal will replace any prior submission in its entirety. The Respondent shall submit its formal proposal with the same format as provided in the specifications. Please retype the questionnaire and provide your answer when responding to the given question.

EXCEPTIONS: By submitting a response to this RFQ, the Respondent guarantees that all requirements and qualifications stated in this proposal will be met. In the event that certain requirements cannot be met, such deviations must be noted as an exception in the Respondent’s cover letter. Failure to notate any deviations to the RFQ requirements and qualifications will allow Seguin ISD to assume all requirements and qualifications can be met by the Respondent.

The Architect/Engineer must maintain professional liability or errors and omissions insurance in a minimum amount of $1,000,000 per occurrence during the term of the project. As required by law, the selection of an Architect/Engineer will be made on the basis of demonstrated competence and qualifications in accordance with Texas Government Code sections 2254.003 and Education 44.031 (F). Based on the final rankings, the Committee will recommend approval of the ranking of the firm or firms to the Seguin ISD Board of Trustees. After the Board of Trustees approve the ranking, Seguin ISD will attempt to negotiate an acceptable contract with the highest ranked firm for each project. If an acceptable contract cannot be negotiated, written notice will be provided and negotiations will start with the next highest ranking firm. Seguin ISD reserves the right to waive any irregularities and informalities and make any decision that is judged in the best interest of Seguin ISD.

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No competitive pricing information may be submitted and none will be sought. Pre-qualification conference to be held in conjunction with the RFQ at 1221 E Kingsbury St, Seguin, TX 78155 in the Juan Seguin Room on Thursday, August 30, 2018, beginning at 10 a.m. The District’s Review Committee will score and rank received qualifications using the weighted selection criteria depicted in the table that follows:

Evaluation Criteria Point System

1 Response to RFQ – Adequacy of response to the RFQ or presentation of Statement of Qualifications as it relates to the needs of Seguin ISD 20

2 Past relevant performance of the Architect/Engineer – Review of past positive performance serving as Architect/Engineer for other school districts (preferred) or government entities.

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Qualifications, Knowledge, and Experience. Qualifications, knowledge, and experience in providing the same or similar types of services in relation to the size, type, and complexity of the project will be considered. This will include providing documentation that the respondent’s personnel possess the appropriate skills and are duly licensed, certified, or registered by the State of Texas to practice in the disciplines for the required services.

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4 Components of Design Approach – Design approach as it relates to the needs of the district and specific projects the firm wants to be considered for. 15

5 Financial Strength – Review of current and past five (5) years of financial information. Information to include the size and scope of all current contracted work, listing current clients being served.

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6 References – Adequacy of response and information provided by relevant references. References must be provided from the list of past projects requested within this RFQ.

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TOTAL 100 POINTS

Respondents are requested NOT to discuss this RFQ with the District Review Committee or members of the Board of Trustees. All questions or clarifications needed should be addressed to the Seguin ISD Purchasing Department contact person noted on page two (2) of this document or as revised through official addendum of this RFQ.

SCHEDULE RFQ Advertisement August 15 and August 22, 2018 RFQ Pre-qualification Conference August 30, 2018 Beginning at 10:00 a.m. CST RFQ Questions Due to Aaron Miranda via Email amiranda@seguin.k12.tx.us

September 3, 2018 by 4:00 p.m. CST

Response to RFQ Questions September 5, 2018 RFQ Submissions Due September 11, 2018 by 2:00 p.m. CST Interview Phase September 25, 2018, at Times TBD Board of Trustees Approval of Firm Ranking October 25, 2018

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SUBMISSION PROCESS Proposals shall be submitted in booklet or binder format. The proposal shall be organized as shown below, with each section separated by a divider. Each divider shall have a tab clearly identifying the contents of the section. All proposals MUST be submitted at 12-point type, not including covers, tab dividers, financial statement, or certifications listed in Section Four (4). Please be as concise as possible in providing the requested information and follow the page limits in each section.

SECTION 1: Firm Information General Information – (6-page limit) Please provide the following: 1.0 Name of Firm: 1.1 Address 1 (Home Office): 1.2 Address 2 (Closest Office to Seguin ISD): 1.3 City/State/Zip: 1.4 Contact Person: 1.5 Phone: 1.6 Fax: 1.7 Email Address: 1.8 Type of Organization (Individual, Partnership, Corporation, Association): 1.9 Business Address of Office that will provide services (if different “closest” office from above): 1.10 Principals: 1.11 Years in Business: 1.12 Has firm operated under any other name(s)? If so, state name(s) and dates of operation: 1.13 Federal Tax ID Number (Include a copy of a current W-9 with response) 1.14 Consultant information and history or working with the prime firm. 1.15 Please provide an audited financial statement in a sealed envelope labeled “Confidential Financial

Information” for your firm as per the requirements of the RFQ “Criteria & Evaluation Weights” table. (Not included in page count)

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1.16 Please furnish bank reference and bank contact information as follows: Name of Bank Business Address Contact Person Phone Number E-mail Address ALL FINANCIAL INFORMATION TO BE PROVIDED IN A SEALED ENVELOPE MARKED “CONFIDENTIAL” FINANCIAL DOCUMENTS DO NOT COUNT AGAINST THE 30-PAGE PROPOSAL LIMIT Litigation and Arbitration History 1.17 In your firm’s past ten (10) years, including time under former names or ownership, have there

been or are there currently any judgments, claims, arbitration or mediation proceedings, or suits against your firm or its officers? If yes, include the issues and outcome for each instance.

Professional Liability Insurance It is the policy of the district to require construction professional service providers to carry professional liability insurance for their involvement in the projects throughout the contract period and for three (3) years thereafter. Please provide: 1.18 Insurance Company Name, Address, Contact Person, Phone Number, and Email. 1.19 Current dollar limit per project, current dollar limit in the aggregate, and deductible amount. 1.20 Have any claims been made against your firm for errors and omissions in the past five (5) years? If

yes, what was the disposition of the claim(s)? 1.21 Describe your firm’s loss ratio for the last five (5) years.

SECTION 2: Firm Experience 2.1 - Project Experience (3-5 projects per category) - Provide at least three (3) and not more than five (5)

examples of each project type that the firm would like to be considered for. (Section 2 is limited to one (1) page per example project plus one additional page listing the projects that the firm is proposing on, plus two (2) pages for references. For example, if the firm wants to be considered for three (3) project types they can submit a maximum of fifteen (15) example projects.)

1. For each example project, include the initial construction budget, the final actual construction

cost, start date and completion date, owner’s representative & contact information, name of the builder, and consultants used.

2. References List - references should be from above-listed projects and at least three (3) references should be from projects outside of Seguin ISD. (2-page limit)

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SECTION 3: Firm Capacity (This section is limited to 15 pages total.) 3.1 Names and Resumes of personnel that will be assigned to Seguin ISD and to each desired project.

3.11 Please provide a brief resume including educational background and project experience for ALL personnel that will be assigned to Seguin ISD projects.

In your submission, please be sure to indicate the following: 3.12 Principal-in-Charge assigned to Seguin ISD. 3.13 Project Manager(s) assigned to Seguin ISD. 3.14 Project Architect and Support Staff assigned to Seguin ISD. 3.15 List experience with government entities or school districts in the region.

3.2 Provide information in a tabular format, as indicated below, about the ten (10) largest projects in

the office that will service Seguin ISD.

Project Name Estimated Cost

Project Stage & % Complete

Estimated Completion Date

Client Name & Contact Information

3.3 List the total number and total estimated cost of all other projects currently assigned to the office that

will service Seguin ISD: 3.4 Please indicate the number of full-time employees that are:

3.41 In Office proposed to service Seguin ISD (Provide Location of Office): 3.42 In all other Office locations (List All Office Locations): 3.43 Registered Architects (Registered in Texas): 3.44 Licensed Engineers (Licensed in Texas): 3.45 Project Managers: 3.46 Support Staff: 3.47 Registered Accessibility Specialists: 3.48 American Society of Industrial Security (ASIS) Certified: 3.49 Other craft/professionals, please explain/list area of expertise:

3.5 Additional Qualifications and Uniqueness - Provide additional qualifications or advantages that make

your firm uniquely qualified to perform the professional design services for the desired projects.

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3.6 Management Philosophy and Deliverables - Explain your firm’s approach to the design process. Be specific about each project type that your firm wants to be considered for and how your firm would approach the design process.

3.7 Cost Control - How does your firm control cost during the design phase? 3.8 Construction Contract Administration - Describe your firm’s philosophy during the construction

contract administration phase.

SECTION 4: Contract Exception

List any exceptions taken to the sample contract language attached to this RFQ. A Standard Form of Agreement will be AIA B101-2017 with Supplemental conditions subject to revisions by Seguin ISD to be made and agreed upon during the contract negotiation phase.

SECTION 5: Certifications (Pg. 10-23)

Non-collusion Certification Vendor Debarment Vendor W9 Felony Conviction Notice Conflict of Interest Proposal Document and Addendum Exception Forms SB 252 Chapter 2252 Certification HB 89 Verification

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1221 E. Kingsbury St Seguin, TX 78155

Phone 830.401.8634 Fax 830.379.3689

amiranda@seguin.k12.tx.us

Aaron Miranda * Purchasing Coordinator

August 15, 2018 The following information must be returned along with any other information that you feel would be of benefit to your proposal. This information must be placed in a plainly marked envelope with RFQ number and description.

RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium

Name of Company:

Sections 1-3 (Pg. 6-9) Affidavit of Non-Collusion, Non-Conflict of Interest, Anti-Lobbying (Pg. 11)

please complete and return. Vendor Debarment (Pg.12) Company W9 (Pg.13)

Felony Conviction Notice (Pg. 14)

Conflict of Interest Questionnaire (Pg. 15-16)

Proposal Document and Addendum (Pg. 17)

Exception Form (Pg. 18)

Certification Regarding Terrorist Organizations & Boycotting Israel (Pg. 19-20)

General Terms and Conditions (Pg. 21-25)

No proposal at this time, please keep the company on your notify list.

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AFFIDAVIT OF NON-COLLUSION, NON-CONFLICT OF INTEREST, ANTI-LOBBYING RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium By submission of this proposal, the undersigned certifies that: 1. Neither the Respondent nor any of Respondent’s officers, partner, owners, agents,

representatives, employees, or parties in interest, has in any way colluded, conspired, or agreed, directly or indirectly with any person, form, corporation or other Respondent or potential Respondent any money or other valuable consideration for assistance in procuring or attempting to procure a contract or fix the prices in the attached proposal or the proposal of any other Respondent, and further states that no such money or other reward will be hereinafter paid.

2. No attempt has been or will be made by this company’s officers, employees, or agents to lobby, directly or indirectly, the Seguin Independent School District Board of Trustees between proposal submission date and award by the Seguin Independent School District Board of Trustees.

3. No officer or stockholder of the Respondent is a member of the staff, or related to any employee of the Seguin Independent School District except as noted herein below: ___________________________________________________________________________ ___________________________________________________________________________

The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification and that the penalties herein are applicable to the Respondent as well as to any person signing in his/her behalf. Signature/Title:

* THIS PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL

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VENDOR DEBARMENT STATEMENT RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium

VENDOR DEBARMENT STATEMENT

I have read the conditions and specifications provided in the proposal document attached. I affirm, to the best of my knowledge, the company I represent has not been debarred or suspended from conducting business with school districts in the State of Texas. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 1, 2010, Federal Register References 68 FR 66544. Copies of the regulation may be obtained by contacting the Department of Agriculture Agency with which this transaction originated.

___________________________________________________________________________ NAME OF COMPANY (Please Type) ___________________________________________________________________________ MAILING ADDRESS CITY STATE ZIP ___________________________________________________________________________ PREPARED BY (Please Type) ___________________________________________________________________________ SIGNATURE TITLE ___________________________________________________________________________ TELEPHONE NUMBER FAX NUMBER DATE

* THIS PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL*

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FELONY CONVICTION NOTICE RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium 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 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. COMPANY NAME: ___________________________________________________________

Print or type AUTHORIZED COMPANY OFFICIAL’S NAME: _________________________________

**** Sign only A, B, or C. **** 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.

_______________________________________________ Signature of Company Official

C. My firm is owned or operated by the following individual(s) who has/have been convicted of

a felony. Detail of Conviction: _________________________________________________________

_______________________________________________

Signature of Company Official

* THIS PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL*

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PROPOSAL DOCUMENT AND ADDENDUM RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium Having carefully examined the RFQ Notice, General Terms, and Conditions, and Specifications, the undersigned Respondent’s Agent hereby proposes and agrees to furnish goods/service in strict compliance with the terms, conditions, and specifications at the prices quoted. The Respondent affirms that, to the best of his knowledge, the proposal has been arrived at independently and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give them an unfair advantage over other Respondents in the award of this RFQ. It is understood that the owner reserves the right to accept or reject any or all proposals and alternates and waive all irregularities. It is further agreed that this proposal shall be completed within the time frame set forth and at no additional cost to the District for unexpected or unforeseen circumstances. If you have received an addendum to this RFQ, please acknowledge receipt by initialing the number of the addendum below. Please call Aaron Miranda at (830) 401-8634 to verify outstanding addenda. Failure to acknowledge outstanding addenda is cause for disqualification.

1. _________2. __________3. _________ 4. _________5. _________ 6. __________ ****************************************************************************** Company Name:

Please print or type

Name and Title of Person Authorized to sign: Name - please print or type

____________________________________

Title - please print or type

Authorized Signature:

Date of Signature:

Address:

City: State: Zip Code:

Phone Number: Fax Number:

Email Address:

*THIS PAGE MUST BE SIGNED AND RETURNED WITH YOUR PROPOSAL*

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EXCEPTION FORM RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium Please provide any special notes or exceptions to the terms, conditions, specifications, or drawings here (attach additional pages if necessary):

Company Name:

Authorized Signature:

Printed Name:

*THIS PAGE MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL*

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1221 E. Kingsbury St Seguin, TX 78155

Phone 830.401.8634

SB 252

CHAPTER 2252 CERTIFICATION

I, , the undersigned

representative of

(Company or business name) being an adult over the age of eighteen (18) years of

age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and

Section 2252.153, certify that the company named above is not listed on the website

of the Comptroller of the State of Texas concerning the listing of companies that are

identified under Section 806.051, Section 807.051 or Section 2253.153. I further

certify that should the above-named company enter into a contract that is on said

listing of companies on the website of the Comptroller of the State of Texas which

do business with Iran, Sudan or any Foreign Terrorist Organization, I will

immediately notify the Seguin Independent School District’s Purchasing

Department.

Name of Company Representative (Print)

Signature of Company Representative

Date

AN EDUCATION...GOOD AS GOLD

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1221 E. Kingsbury St Seguin, TX 78155

Phone 830.401.8634

HOUSE BILL 89 VERIFICATION

I, _________________________________________________, the undersigned representative of

_______________________________________________________ Company or Business name

(hereafter referred to as company) being an adult over the age of eighteen (18) years of age,

verify that the company named-above, under the provisions of Subtitle F, Title 10,

Government Code Chapter 2270:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract the above-named Company,

business or individual with the Seguin Independent School District.

Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise

taking any action that is intended to penalize, inflict economic harm on, or limit commercial

relations specifically with Israel, or with a person or entity doing business in Israel or in an

Israeli-controlled territory, but does not include an action made for ordinary business

purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation,

partnership, joint venture, limited partnership, limited liability partnership, or any limited

liability company, including a wholly owned subsidiary, a majority-owned subsidiary, parent

company or affiliate of those entities or business associations that exist to make a profit.

SIGNATURE OF COMPANY DATE

REPRESENTATIVE

AN EDUCATION...GOOD AS GOLD

21 Company Name:_______________________________ I have read and agree to all terms on this page (initials): _____

GENERAL TERMS AND CONDITIONS RFQ#19-02 Design Services for Seguin Independent School District Matador Stadium 1. APPLICABILITY

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

2. FINALITY AND CORRECTNESS All statement of qualifications shall be deemed final, conclusive and irrevocable, and no offer shall be subject to correction or amendment for errors or miscalculations by the Respondent. Proposals may be withdrawn or amended until the date and time due, at which time they become the sole property of Seguin Independent School District.

3. WITHDRAWAL OF QUALIFICATIONS The withdrawal of qualifications will not be allowed for a period of ninety (90) days following the proposal opening.

4. SPECIFICATIONS All specifications will be provided by Seguin ISD, unless otherwise indicated in the “Submission Criteria”.

5. QUALIFICATIONS SHALL BE SUBMITTED ON THESE FORMS Deviations to the General Conditions and/or Specifications shall be conspicuously noted in writing by the Respondent and shall be included with the proposal. Proposals received after the date and time of submission deadline will not be considered. Proposals received without proper signature will not be accepted.

6. ONLY SEALED QUALIFICATIONS ARE ACCEPTABLE Faxed proposals will not be accepted by Seguin Independent School District since the fax process does not provide the delivery of a sealed proposal.

7. WARRANTY CONDITIONS All supplies and/or equipment shall be considered manufacturer’s minimum standard warranty unless otherwise agreed in writing. Bidder shall be an authorized dealer, distributor or manufacturer of the product. Equipment bids received shall be for new equipment only. Substitutions for new equipment must be clearly stated in writing.

8. NO REPLACEMENT OR DEFECTIVE TENDER Every tender or delivery of goods must fully comply with all provisions of this contract as to the time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired the Contractor may reasonably notify the District of his intention to cure and may then make a conforming tender within the contract time but not afterward.

22 Company Name:_______________________________ I have read and agree to all terms on this page (initials): _____

9. TERMINATION FOR CAUSE The District shall have the right to cancel or default all or part of the undelivered portion of the order if the contractor breaches any of the terms hereof, including warranties if the contractor becomes insolvent or commits acts of bankruptcy. Other factors shall include service performance.

10. QUESTIONS Any questions concerning this bid shall be addressed to Aaron Miranda, the Purchasing Coordinator, at (830) 401-8634 or amiranda@seguin.k12.tx.us.

11. VENDORS WHOM DO NOT BID Any vendor who fails to respond to three (3) consecutive bids will be purged from the mailing list for any additional bids. Vendors are requested to notify the Seguin Independent School District in writing or return the cover sheet of this bid.

12. EVALUATION OF QUALIFICATIONS Seguin ISD takes into account the following considerations: adequacy of response to the RFQ, presentation of Statement of Qualifications as it relates to the needs of Seguin ISD, vendor references, vendor’s service and date of proposed delivery and placement, knowledge, experience, and financial strength. Ongoing documentation by Seguin Independent School District Purchasing Department regarding a company’s past performance will be used in determining the bidder’s responsibility for award purposes of this award. The District reserves the right to accept or reject any or all proposals, to waive any formalities and to accept the qualification(s) that is determined to be the best value to the District. By signing the proposal documents, a submitter affirms that, to the best of his/her knowledge, the proposal has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain favoritism that would in any way limit competition or give them an unfair advantage over other submitters in the award of this RFQ. The District reserves the right to award by item, or group of items, as deemed by the Purchasing Coordinator or Purchasing Assistant, to be in the best value to the District, unless the bidder has specified “All or None”. If bidder bids on “All or None”, the bid will not be considered for anything other than the entire award. Therefore, a bidder who specifies “All or None” and does not submit a bid for all items solicited will be deemed nonresponsive to the solicitation.

13. CONTRACTS AND PURCHASE Orders may be submitted by telephone, fax, email, or mail. No valid orders will be submitted without a District approved purchase order number. Any additional agreements/contracts to be signed by Seguin Independent School District shall be included with the bid.

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14. CONTRACT PERIOD: The term of the contract is for the project scope listed in “Submission Criteria”. This agreement is designed to secure set, fixed pricing for the items/services specified herein. Any contract resulting from this bid will be effective from the date the successful vendor(s) is approved for the award until the work is completed or otherwise specified. In the event this bid expires before another bid is executed, the vendor shall extend the contract on a month to month basis by mutual agreement. Annual contracts may be canceled with thirty (30) days written notification to the vendor. The Contractor shall agree to waive all right of subrogation against the District, its officials, employees, and volunteers for losses arising from work performed by a contractor for the District. The contractor shall hold the District harmless from and indemnify it against all liability, including attorney's fees, which may arise from and accrue directly from the performance of the work or any obligation of Contractor or failure of Contractor to perform any work or obligation provided for in this Agreement.

15. AVAILABILITY OF FUNDS The award of this contract is dependent on the availability of funding. In the event funds do not become available, the contract may be terminated, or the scope amended. A thirty (30) day written notice will be given to the vendor, and there shall be no penalty nor removal charges incurred by Seguin Independent School District.

16. ALL CONTRACTS AND AGREEMENTS Contracts between awarded Respondent and Seguin Independent School District shall strictly adhere to all applicable local, state and federal law.

17. PERSONAL INTEREST IN CONTACT Any Seguin Independent School District Board of Trustee who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the District, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar affidavits, the member is not required to abstain from further participation.

18. CONTRACTUAL RELATIONSHIP Nothing herein shall be construed as creating the relationship of employer or employee between Seguin Independent School District and the contractor or between the District and the Contractor’s employees. The District shall not be subject to any obligations or liabilities of the Contractor or his employees, incurred in the performance of the contract unless otherwise herein authorized. Neither the Contractor or his employees shall be entitled to any of the benefits established for District employees, nor be covered by the District’s Worker’s Compensation Program.

19. ORDINANCE, LAW, AND REGULATION The contractor shall comply with all local, state, and federal ordinances, laws, and regulations pertaining to the operation. It shall be the obligation of the contractor to apply for, pay for, and obtain all permits and licenses as required by the various agencies of state and local government.

Company Name:_______________________________ I have read and agree to all terms on this page (initials): _____

24 Company Name:_______________________________ I have read and agree to all terms on this page (initials): _____

20. INVOICE The following rules apply to render an invoice for payment: • Each invoice will reference the correct Seguin ISD purchase order number. • Each invoice will be submitted in duplicate. • There must a separate invoice for each purchase order. • Invoices will be accepted only for services/products that have been delivered and received. • Mail invoice to Accounts Payable Department, Seguin Independent School District, 1221

E Kingsbury St, Seguin, Texas 78155. • Discounts will be taken from the date of receipt of goods or receipt of invoice, whichever

is later. As pertains to this contract, the date of payment will be considered the date payment is mailed. If no discount is offered or accepted, payment terms will be net thirty (30) days.

21. TAXES

Seguin Independent School District is exempt from all applicable Federal and State Tax. Tax-exempt information will be furnished upon request. Please contact Jennifer Raske, Purchasing Assistant, at (830) 401-8621 or jraske@seguin.k12.tx.us, for this information.

22. VENUE Both parties agree that venue for any litigation arising from this contract/purchase order shall lie in Guadalupe County, Texas.

23. INSURANCE The contractor shall takeout, pay for and maintain in effect at all times during the execution of the work under the contract, the following forms of insurance and minimum amounts, in carriers acceptable to Seguin Independent School District. • Worker’s Compensation as required by applicable State Law. • Contractor’s Public Liability Insurance in limits of One Million Dollars • Personal Injury in limits of One Million Dollars. • Each occurrence in limits of One Million Dollars. • Property Damage in limits of Five Hundred Thousand for each accident. • Two Million Dollars in aggregate. The successful proposal must provide all above insurance requirements to the Seguin ISD Purchasing Department within ten (10) days after awarding this bid. Only the original copies or a notarized copy Certificate of Insurance are acceptable. If the deadline for the above insurance requirement is not met within ten (10) days, this will result in the loss of the contract.

24. BONDS If the contract exceeds $100,000 the contractor awarded the bid must provide, within ten (10) days, a performance bond in the amount of the contract, conditioned upon the faithful performance of the work in accordance with the plans, specifications, and contract documents. If the contract is between $25,000 and $100,000.00, the contractor awarded the bid must provide, within ten (10) days, a payment bond in the amount of the contract, guaranteeing payment to all subcontractors supplying labor and/or material to the project, to the Seguin ISD Purchasing Department. All bonds must be in a form acceptable to Seguin Independent School District and be executed by a corporate surety authorized to do business in the State of Texas.

25 Company Name:_______________________________ I have read and agree to all terms on this page (initials): _____

25. INTERLOCAL AGREEMENTS WITH OTHER SCHOOL DISTRICTS THROUGH THE CENTRAL TEXAS PURCHASING ALLIANCE A. Membership. Seguin 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 Seguin ISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchase 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.