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Stafford Municipal School District
REQUEST FOR QUALIFICATIONS
RFQ#2019 – 002
MEP Commissioning, Air Quality Testing and
Monitoring Services
Issued: March 28, 2019
Statements of Qualifications Due: April 16, 2019
Page 2 of 51 RFQ#2019-002
STAFFORD MUNICIPAL SCHOOL DISTRICT RFQ NO. 2019 - 002 Issued: March 28, 2019
REQUEST FOR QUALIFICATIONS (“RFQ”) FOR MEP COMMISSIONING, AIR QUALITY TESTING AND MONITORING SERVICES
I. INTRODUCTION .......................................................................................................................... 3
II. RFQ SCHEDULE AND DELIVERY .................................................................................................... 6
III. PROBABLE SCHEDULE OF EVENTS ............................................................................................... 7
IV. SUBMISSION FORMAT & CONTENT REQUIREMENTS ................................................................... 8
V. DEFINITIONS ............................................................................................................................... 8
VI. TERM OF CONTRACT ................................................................................................................... 9
VII. SUBMISSION REQUIREMENTS ..................................................................................................... 9
VIII. FORMS, SIGNATURE PAGES, CHECKLISTS ................................................................................... 14
IX. AMENDMENTS TO THE RFQ ...................................................................................................... 14
X. RESTRICTIONS ON COMMUNICATION ....................................................................................... 16
XI. EVALUATION ............................................................................................................................. 19
XII. AWARD OF CONTRACT AND RESERVATION OF RIGHTS. ............................................................. 21
XIII. EXHIBIT A – FELONY CONVICTION NOTIFICATION ...................................................................... 23
XIV. EXHIBIT B – ACKNOWLEDGMENT FORM - NON-COLLUSION STATEMENT .................................. 24
XV. EXHIBIT C – PROOF OF INSURABILITY ........................................................................................ 25
XVI. EXHIBIT D – SIGNATURE PAGE AND DECLARATION OF COMPLIANCE ......................................... 26
XVII. EXHIBIT E – DEVIATION AND EXCEPTIONS FORM ....................................................................... 28
XVIII. EXHIBIT F – CERTIFICATE OF RESIDENCY .................................................................................... 29
XIX. EXHIBIT G – VENDOR STATEMENT OF DEBARMENT/SUSPENSION ............................................. 30
XX. EXHIBIT H – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER .............................................. 31
XXI. EXHIBIT I – FORM 1295 – CERTIFICATE OF INTERESTED PARTIES ................................................ 32
XXII. EXHIBIT J – CERTIFICATION REGARDING TERRORIST ORGANIZATIONS AND BOYCOTT OF ISRAEL34
XXIII. EXHIBIT K – CRIMINAL HISTORY CERTIFICATION ........................................................................ 35
XXIV. EXHIBIT L - SUBMISSION CHECKLIST .......................................................................................... 37
XXV. EXHIBIT M – CONTRACT ............................................................................................................ 38
XXVI. EXHIBIT N – CONFLICT OF INTEREST .......................................................................................... 48
Page 3 of 51 RFQ#2019-002
I. INTRODUCTION
A. The Stafford Municipal School District (hereinafter known as Owner, or Owner’s) is seeking statements of qualifications from qualified providers to provide MEP Commissioning, Air Quality Testing & Monitoring Services as described herein. The Owner is utilizing the Request for Qualifications (RFQ) method of procurement in accordance with Tex. Gov’t Code § 2269.058 and the Professional Services Procurement Act, Chapter 2254 of the Tex. Gov’t Code, specifically Section 2254.004. B. The selected Respondent will join a Project Team which will include Owner administration, Program Manager and construction contractors, all of whom will be engaged in a cooperative effort to provide Owner with successful and cost-effective solutions. C. The Owner is interested in soliciting qualifications from firms to provide MEP Commissioning and Indoor Air Quality Testing. The Owner is performing the following construction activities relating to the Owner’s 2017 Bond Program (collectively, “2017 Bond Projects”) and this RFQ:
1. Middle School: New construction. Three-story structure. Approximately
127,200 square feet. The budget for construction is approximately $27,920,000.
2. Administration Building: New construction. Two-story structure.
Approximately 26,387 square feet. The budget for construction is approximately
$5,930,000.
D. Proposed Construction Schedule - This schedule is preliminary and will be finalized during the design phase of the 2017 Bond Projects.
1. Middle School
a) Commencement: January 2019.
b) Completion: August 2020.
2. Administration Building
c) Commencement: March 2019.
d) Completion: August 2020.
E. Statements of qualifications can be submitted for any or all services described herein. Respondents are encouraged to offer any responsive services that are commonly purchased by school districts and other public, not-for-profit agencies and organizations. Any applicable Respondent terms and conditions should be included for the or services offered. The Owner reserves the right to accept or reject any items included by Respondent. F. The successful Respondent(s) will be a highly qualified professional with experience in the type of work required by this RFQ. Respondent is required to maintain all licenses necessary to perform the services outlined in this RFQ, with demonstrated experience serving as Prime, and must have experience with school construction projects. The Respondent will be selected based upon demonstrated competence and qualifications to provide the services outlined herein. Only after selection will financial and other contract terms be negotiated. Owner is not required to enter into any contract, nor accept any terms proposed by Respondent.
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G. Lockwood, Andrews & Newnam, Inc (LAN), will be the Owner’s Representative, and will oversee and provide coordination for this Program. The Owner reserves the right to add, delete, and modify projects at any time during the course of the Contract, which may result in changes to staff and resources required. H. The Owner reserves the right to
1. Accept or reject any or all responses. waive any irregularities and
technicalities and may, at its sole discretion, request a clarification or other
information to evaluate any submission in order to make the award of the contract
in the best interests of the Owner;
2. Before awarding the contract, to require Respondents to submit additional
evidence of competence and qualifications or any other information the Owner may
deem necessary;
3. Cancel the RFQ or portions therein, without penalty, in the sole discretion of
Owner, or issue a revised or amended RFQ;
4. Award one or more contracts, in part or in whole, to a single or to multiple
Respondents, or to make no awards, in Owner’s sole discretion;
5. Conduct oral interviews/discussions or presentations necessary to select the
most highly qualified Respondent(s).
6. Accept, reject, or negotiate modifications in any terms of the Respondent’s
statement of qualifications or any parts thereof.
7. Reject and/or disqualify any or all proposals received, to award contracts for
individual services as may appear advantageous, and to negotiate separately in any
manner necessary to serve the best interest of Owner.
8. Waive any formalities, technicalities, or other defects if deemed in the best
interest of Owner;
9. Request clarification and/or correction of Respondent(s) for the purpose of
eliminating minor errors, clerical errors, and/or non-substantive irregularities.
10. Be the sole judge of quality and equality.
11. Make all decisions regarding this RFQ, including, without limitation, the right
to decide whether a proposal substantially complies with the requirements of this
RFQ.
12. Negotiate terms and conditions including scope, staffing levels, and fees,
with the highest ranked Respondent for each individual project or collection of
projects, in Owner’s sole discretion. If agreement cannot be reached with the highest
ranked Respondent, the Owner will terminate negotiations in writing and reserves
the right to negotiate with the next highest ranked responder and so on until
agreement is reached. When agreement is reached, the Owner will submit its
recommendation to the Owner’s Board of Trustees for approval and award of
contract(s).
I. Owner makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this procurement solicitation or quantities that will actually be purchased under this RFQ and the resulting contract, if any. Any contract resulting from this RFQ is non-exclusive and shall be awarded with the understanding and agreement that
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it is for the sole convenience of Owner. Owner is free to have multiple contracts for the awarded services and may initiate other procurement solicitations or procurement activity with other providers at any time, at Owner’s sole discretion. Owner reserves the right to award contracts to multiple Respondents. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Owner. Owner may make multiple awards; this fact should be taken into consideration by each Respondent. J. Any respondent who submitted a statement of qualifications may appeal Owner’s award, if the appeal is based on deviations from laws, rules, regulations, or Owner’s Board policies. Owner’s Board Policy GF (Local) applies to any Respondent wishing to appeal a proposal and/or award of a contract.
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II. RFQ SCHEDULE AND DELIVERY
A. Subject to change as deemed necessary by Owner, responses are due by Tuesday, April 16, 2019 @ 2:00 p.m. C.S.T. All responses must be provided in a sealed envelope/package with RFQ#19 - 002 clearly printed on the outside face of the package and be delivered to:
Attn: Daniel Flores STAFFORD MSD
1625 Staffordshire Road Stafford, TX 77002
B. Respondents are responsible for ensuring that their statements of qualifications are time-stamped to evidence timely submission. Responses will only be accepted at Owner’s Administration Building, located at 1625 Staffordshire Road, Stafford, TX 77477, between the hours of 8 a.m. and 4 p.m., Monday through Friday, on SMSD business days. C. Questions concerning this RFQ shall be directed to the Owner’s Program Manager in writing. Verbal questions and explanations are not permitted other than as described by this section and during interviews, if any. All questions are due by Thursday, April 11, 2019 @ 2:00 p.m. C.S.T. Answers to questions will be posted on Owner’s Website by Friday, April 12, 2019 @ 2:00 p.m. C.S.T.*Note: All questions and all answers will be posted on Owner’s website, and no further posting or distribution will occur. Owner’s website is: http://www.staffordmsd.org/departments/business_operations/bids_and_proposals Communication with the Owner’s Contact Person after the deadline for questions is not permitted. All questions must be addressed to:
Michael Scott Program Manager, Lockwood Andrews & Newnam Inc.
FOR: STAFFORD MSD
1625 Staffordshire Road Stafford, TX 77002
Email: [email protected]
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III. PROBABLE SCHEDULE OF EVENTS
A. Thursday, March 28, 2019 – Release Request for Qualifications B. Friday, March 29, 2019 and Friday April 5, 2019 – Advertisement Dates: HBJ C. Wednesday, April 3, 2019 and April 10, 2019 – Advertisement Dates: FBS D. Thursday, April 11 2019 @ 2:00 p.m. C.S.T. – Deadline for written requests for clarifications to and questions regarding the RFQ E. Tuesday, April 16, 2019 @ 2:00 p.m. C.S.T. – Deadline for Sealed Statements of Qualifications to be received at the Owner’s Administration Building, Attn: Daniel Flores. Qualifications received after the time and date set for receival will not be accepted and will be returned unopened. F. Thursday, April 18, 2019 – Respondent notification of highest ranked firm for particular project(s) G. Monday, April 22, 2019 – Contract negotiations
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IV. SUBMISSION FORMAT & CONTENT REQUIREMENTS
A. The contents of the Respondent’s Statement of Qualifications must be complete in description, concise in volume, and austere in form. B. The statement of qualifications should be in the format of a written report and should be prepared on 8-1/2” x 11” sheets (single-sided) unless noted below, and bound with coil binding or stapled. C. Provide tabs or other separators between sections described in Section VII of this RFQ D. One original and six (6) copies of the Complete SOQ are required. E. A flash drive containing a PDF file of the entire SOQ must be provided. F. It is not required to re-state each question in the response. However, provide section number, and outline level description of the response item since the evaluation criteria will rely on certain sections of the response. G. Owner is a governmental body subject to the Texas Public Information Act. Statements of Qualifications submitted to Owner as a result of this procurement solicitation may be subject to release as public information after contracts are executed or the procurement is terminated. If a Respondent believes that its statements of qualifications, or parts thereof, may be exempted from disclosure under Texas law, the Respondent must specify page-by-page and line-by-line the parts of the statement of qualifications which it believes are exempt. In addition, the Respondent must specify which exception(s) to the Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s). Vague or general claims to confidentiality will not be accepted. Owner assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents.
1. The Owner strictly complies with all statutes, court decisions, and opinions
of the Texas Attorney General with respect to disclosure of Respondent’s
information.
2. Any respondent wishing to maintain confidentiality of financial OR OTHER
information must include a written request for same with the submission of the
RESPONSE.
V. DEFINITIONS
A. Respondent: A firm submitting a response to this Request for Qualifications B. Program Manager: The entity contracted by the Owner to provide overall fiduciary responsibilities and direct oversight of the contractor and A/E Team to ensure performance of actions contributing to the success of the Owner’s objective. C. RFQ: Request for Qualifications D. SOQ: Statements of Qualifications. E. Professional Services: Refer to EXHIBIT M – CONTRACT for a description of services to be contracted. F. Owner: Stafford Municipal School District G. Prime: Primary contract holder under which Professional Services are delivered.
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VI. TERM OF CONTRACT
A contract awarded in response to this RFQ will be for the entirety of the duration of the project(s) for which a contract is awarded to Respondent(s). The Owner has defined project completion dates for the anticipated work related to the 2017 Bond Projects and will determine project completion dates for future, yet-to-be-determined projects (if any). Refer to section I INTRODUCTION for a description of anticipated projects and dates.
VII. SUBMISSION REQUIREMENTS
A. Letter of Interest. B. Table of Contents
1. Each respondent submitting must include a table of contents listing the
sections and detailed items presented in the submittal.
C. Executive Summary
1. Each respondent must include an executive summary briefly highlighting the
respondent’s qualifications, and shall include:
2. How the proposed team will meet the Evaluation Criteria and respond to the
Scope
3. Any additional relevant information.
D. Respondent Qualification General questionnaire (Restate each question as written & provide response)
1. Company information: provide the following information regarding your
company.
a) Name/Name of Agency/Company:
b) Address:
c) State: Zip Code:
d) Telephone No.: Fax No.:
2. Contact information: list the person who the owner may contact concerning
your submission or setting dates for meetings.
e) Name:
f) Address:
g) State: Zip Code:
h) Telephone No.: Fax No.:
i) Email:
3. Does your company anticipate any mergers, transfer of organization
ownership, management reorganization, or departure of key personnel within the
Page 10 of 51 RFQ#2019-002
next twelve (12) months that may affect the organization's ability to carry out its
submission?
Yes No
4. Is your company authorized and/or licensed to do business in Texas?
Yes No
5. Provide any other names under which your business has operated within
the last ten (10) years.
6. Has the company or any of its principals been debarred or suspended from
contracting with any public entity?
Yes No
If yes, identify the public entity and the name and current phone number of a representative of the public entity familiar with the debarment or suspension, and state the reason for or circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension.
7. Has the company or any of its principals ever had a bond or surety canceled
or forfeited?
Yes No
If yes, state the name of the bonding company, date, amount of bond and reason for such cancellation or forfeiture.
8. Bankruptcy information. Has the company or any of its principals ever been
declared bankrupt or filed for protection from creditors under state or federal
proceedings?
Yes No
If yes, state the date, court, jurisdiction, cause number, amount of liabilities and amount of assets.
9. In the past sixty (60) months as your company ever provided services for a
school owner and, when solicitations for services were requested for a contract re-
compete, tendered a proposal or statement of qualifications but not successfully
contracted for services?
Yes No
If yes, state the name of the Owner(s)
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10. In the last sixty (60) months has your company had a contract with a school
district that experienced any one of the following: 1.) Termination for any cause, 2.)
Mediation, arbitration or litigation?
Yes No
If yes, state the name of the Owner(s), nature of the cause and current status or final outcome.
11. Has any work in the past sixty (60) months where your company has served
as prime resulted in a claim against the Owner either by your company or a
contractor?
Yes No
If yes, state the name of the Owner(s), nature of the cause and current status or final outcome.
12. Provide an organization chart of the company.
13. Does your team consist of member(s) that reside within the boundaries of
the Owner’s attendance zones?
Yes No
14. In the last sixty (60) months, has your company been found negligent
through claims made against the company? If so, please a list of each suit, a
summary of the claim, and the damages awarded.
15. In the last ten (10) years, has an insurance company refused to provide your
company with a quote for professional liability insurance?
16. Is your company currently in default on any loan contract or financing
agreement with any bank, financial institution, or other entity? If yes, specify
date(s), details, circumstances, and prospects for resolution.
17. Does any relationship exist whether by relative, business associate, capital
funding agreement, or other such kinship exist between your company and any
owner employee? If yes, please explain.
18. Annual revenues for the past three (3) reported fiscal years
19. Detail full time staff size (peak) for the past three (3) fiscal years
Year 1 Year 2 Year 3
20. Detail current work on hand (contracted value) fee in dollars (not
construction cost)
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21. Provide a Dunn and Bradstreet number, which will be used to conduct
research by the Owner to indicate the financial stability of your company.
E. Proposed Team
1. Recognizing that the Owner may elect to deviate from the requested scope of
services through negotiation and at the time of contracting, provide a summary
narrative describing the team proposed for this assignment. Describe how the team
members will function together, past experience, Prime vs. Subcontractor
management approach and other team structure features deemed important by the
team. Why does this team make the best option available to the Owner?
2. Provide a brief history of the respondent. Be sure to include the following
information for each team member of the firm:
a) License number(s) of the architecture/engineering firm (if
applicable)
b) Address of the office that will be providing services
c) Services being provided by the firm
d) Number of years in business
e) Type of operation (Individual, Partnership, Corporation, joint
Venture, etc.
3. Provide an organization chart of the project team, identifying the
respondent and the role of each team member firm.
a) Provide resumes for each individual, indicating:
(1) Credentials (AIA, LEED, PMP, CxA, PE, etc.)
(2) Registrations
(3) Background (Overview of employee)
(4) Boards, committees, volunteer activities
(5) Education
(6) Project experience (Client, scope of work and role)
(7) Proposed project time commitment (as a percentage of total
for the year)
4. The overall program team must be capable of performing all tasks and have
specific experience in all related areas. To help the Owner understand the way your
proposed team will function, describe the roles and responsibilities and the lines of
authority, by position, required for successful project delivery for your proposed
project team, which shall include but not necessarily be limited to:
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a) Project Leader
b) Project Manager(s)
c) Project Engineer(s)
d) QC Manager(s)
e) Construction Observation/Inspector(s)
5. If your submission consists of a joint venture, or partnering relationship (i.e.
Architect/Associate Architect, Programming specialist/Architect), describe
explicitly the roles and responsibilities of the membership, how the team will
function, management of handoffs, etc.
F. Respondent project experience
1. Summarize all completed (minimum through Substantial Completion)
contract assignments during the past twenty-four (24) months completed by the
prime firm for K-12 school Owners. A tabular format is preferred. The information
provided will be used to verify the past performance of the Respondent.
Respondent is responsible for accuracy of information used to contact references
and for ensuring responsiveness of contact persons during reference checks. An
email address is essential to performing reference checks.
a) Owner contact information:
(1) Name
(2) Title
(3) Email address
(4) Phone number
b) Date of contract or notice to proceed
c) Type of construction (Choose one: new, renovation, or
renovation/expansion)
d) Nature of the services (List all that apply)
e) Delivery/construction procurement method.
f) Contractor contact information:
(1) Name
(2) Title
(3) Email address
(4) Phone number
G. Project Understanding and Approach
1. Provide a description of the critical issues you anticipate for the project and
any possible solutions.
2. Describe the respondent’s quality assurance program. Provide specific
examples of how these techniques or procedures were used on any of the projects
detailed in sections I.F.1
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3. Describe the way in which your company develops and maintains work
schedules to coordinate with the owner’s project schedule. Provide examples how
these techniques were used in any of the projects detailed in sections I.F.1.
4. Describe what approach you will take to integrate the commissioning
process with the commissioning provider into the normal design and construction
process in order to make it “business as usual.”
5. Describe the process of construction observation and inspections, the
frequency of field trips recommended, reporting procedures and steps taken to
confirm corrective measures are taken to assure the construction is in compliance
with the construction documents.
6. Describe what you will do to foster teamwork and cooperation from
contractors and designers and what you will do to minimize adversarial
relationships.
7. Describe your company communication process to keep all stakeholders,
contractors, architects, vendors, etc. Informed during all phases of the project.
VIII. FORMS, SIGNATURE PAGES, CHECKLISTS
EXHIBIT A – FELONY CONVICTION NOTIFICATION. . Complete and submit. EXHIBIT B – ACKNOWLEDGMENT FORM - NON-COLLUSION STATEMENT: Complete and submit. EXHIBIT C – PROOF OF INSURABILITY. Complete and submit. EXHIBIT D – SIGNATURE PAGE AND DECLARATION OF COMPLIANCE. Complete and submit. EXHIBIT E – DEVIATION AND EXCEPTIONS FORM. Complete and submit. EXHIBIT F – CERTIFICATE OF RESIDENCY. Complete and submit. EXHIBIT G – VENDOR STATEMENT OF DEBARMENT/SUSPENSION. Complete and submit. EXHIBIT H – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER. Complete and submit. EXHIBIT I – FORM 1295 – CERTIFICATE OF INTERESTED PARTIES Complete and submit. EXHIBIT J – CERTIFICATION REGARDING TERRORIST ORGANIZATIONS AND BOYCOTT OF ISRAEL. Complete and submit. EXHIBIT K – CRIMINAL HISTORY CERTIFICATION. Complete and submit. EXHIBIT L - SUBMISSION CHECKLIST. Complete and submit. EXHIBIT M – CONTRACT. Do Not Submit. EXHIBIT N – CONFLICT OF INTEREST. Complete and submit.
Respondents are expected to examine this RFQ carefully, understand the terms and conditions for providing the services listed herein and respond completely. FAILURE TO COMPLETE AND PROVIDE ANY OF THE ABOVE ITEMS MAY RESULT IN THE RESPONDENT’S SUBMISSION BEING DEEMED NON-RESPONSIVE AND THEREFORE DISQUALIFIED FROM CONSIDERATION.
IX. AMENDMENTS TO THE RFQ
A. Changes, amendments, or written responses to questions received regarding this RFQ will be posted on the Owner’s website. It is Respondent’s responsibility to review this
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site and ascertain whether any amendments have been made prior to submission. No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the RFQ, and changes to the RFQ – if any – shall be made in writing only.
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X. RESTRICTIONS ON COMMUNICATION
A. The Respondent, or any agent, or representative of Respondent shall not undertake any activities or actions to promote or advertise their qualifications or submission to any member of the Owner’s Board of Trustees, the Owner’s Administration or their respective staff persons, except as specifically requested in writing by to the named point of contact in section Error! Reference source not found. at any time between the date of release of the RFP and the date of award of a contract by the Owner’s Board of Trustees. This restriction extends to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or submission submitted by Respondent’s. Violation of this provision by Respondent or his/her/its agent may lead to disqualification of his submission from consideration. B. The Owner reserves the right to contact any Respondent for clarification after responses are opened and/or to further negotiate with any Respondent if such is deemed desirable by Owner. C. Respondents shall comply with SMSD’s Code of Silence – Policy CAA (Local), which states:
1. Purpose. The District shall implement a “Code of Silence” to enforce its
commitment to ethical contracting standards and to improve account-ability and
public confidence. The Board believes it is important to avoid both the appearance
of conflicts and actual conflicts of interest.
2. Definition. For purposes of this policy, “vendor’s representative” shall mean
an employee, partner, director, Board member or officer of a potential vendor or
consultant, lobbyist, or actual or potential subcontractor of a vendor, or any other
individual, or for-profit or nonprofit organization acting through or on behalf of any
person seeking an award or on behalf of a group of interested individuals or
members.
3. Procurement Methods. In accordance with law [see policies CH and CV], the
District may purchase goods and services through one of the following methods:
competitive bidding for services other than construction services; competitive
sealed proposals for services other than construction services; a request for
proposals for services other than construction services; a method for providing
construction services; or any other procurement method authorized by state law.
4. Applicability. The “Code of Silence” period applies to the acquisition of
goods or services using the procurement methods identified by law as well as
renewal periods for contracts previously awarded by the Board of Education with
multiple one-year renewal options.
5. “Code of Silence” shall mean a prohibition on any communication regarding
any RFP, bid, or other competitive solicitation (as defined in the procurement
methods above) between: .
Page 17 of 51 RFQ#2019-002
a) Any person who seeks an award from the District or its affiliated
entities (including, but not limited to, the SMSD Education Foundation),
including a potential vendor or vendor’s representative; and
b) A Board member, the Superintendent, senior staff member, principal,
department head, director, manager, or other District representative who
has influence in the evaluation or selection process.
6. Furthermore, campaign contributions, gifts, donations, and any other items
of value are prohibited between the parties defined above for any known contract
under consideration during the “Code of Silence” period. Also, candidates who have
filed for election to the Board are subject to these limitations after the date on which
the candidate has filed for office. The District shall review historical campaign
finance reports to identify campaign contributions for the applicable period and will
hold newly elected Board members accountable as existing Board members during
the “Code of Silence” period.
7. Exceptions. The “Code of Silence” shall not apply to communication with the
District’s general counsel, finance attorney, and/or chief financial officer, who shall
not serve on the particular procurement committee. Such communications shall be
limited to the purpose of obtaining clarification or information concerning the
subject solicitation.
8. An exception shall also apply to specific members of the Board, to the office
of finance for the selection of external auditors, to the Board’s legal counsel, and to
any other specific circumstances approved by the Board.
9. Time Period. The “Code of Silence” time period shall begin 30 calendar days
prior to the issuance of an RFP, a bid, or other competitive solicitation, listed at
PROCUREMENT METHODS, above, and will officially end upon execution of the
awarded contract by all required parties. A weekly e-mail notification to establish
the time period for the “Code of Silence” shall be sent by the chief financial officer to
the Board, the Superintendent, senior staff members, department heads, directors,
managers, or other District representatives who have influence in the evaluation or
selection process for each RFP, RFP renewal, bid, or other competitive solicitation.
The “Code of Silence” shall remain in effect until the execution of the awarded
contract by all required parties. The office of finance shall also provide public notice
on the District’s Web site at the same time the e-mail notification is sent.
10. Regardless of the above time period, it is not acceptable for a potential
vendor to participate in determining the scope of work, strategic direction, technical
specifications, or evaluation criteria of such projects.
11. Nothing contained in this policy shall prohibit any potential vendor or
vendor’s representative from:
Page 18 of 51 RFQ#2019-002
a) Attending public representations, scheduled pre-bid conferences, or
scheduled selection and negotiation committee meetings;
b) Engaging in contract negotiations during any scheduled public
meeting;
c) Making a public presentation to the Board during any duly noticed
public meeting; or
d) Conducting business on contracts previously executed and currently
in force.
12. The potential vendor or vendor’s representative shall send all written
communication directly to the chief financial officer.
13. Nothing in this policy shall prohibit the procurement committee’s
representative from initiating a contact with a potential vendor or vendor’s
representative and subsequent communication related thereto for the purposes of
obtaining additional clarifying information regarding a response to an RFP, bid, or
competitive solicitation.
14. Such contact shall be in writing and shall be provided to the members of the
applicable procurement committee, including any response thereto.
15. Violation. Any suspected violation of this policy shall be investigated by the
chief financial officer or an outside law firm and may result in a recommendation
for:
a) An award for any RFP, bid, or other competitive solicitation award,
or
b) A bid award to the potential vendor or vendor’s representative.
16. A violation may also result in a vendor’s contract being deemed void or
voidable.
17. The potential vendor or vendor’s representative determined to have
violated this rule shall be subject to debarment from bidding and contracting
activities of current and future projects for a period up two calendar years. In
addition to any other penalty provided by law, violation of this rule by a District
employee shall subject the employee to disciplinary action up to and including
termination in accordance with Board policy. Board members and candidates who
have filed for election to the Board, who have violated the “Code of Silence” and/or
received campaign contributions, gifts, donations, or any other items of value from
such vendor representatives during the “Code of Silence”, shall abstain from voting
on such matters for a period up to two calendar years.
18. In the event that a Board member or candidate unknowingly accepts a
campaign contribution, gift, donation, or any other item of value from a vendor
representative during the “Code of Silence”, the Board member or candidate shall
have the duty to return the contribution within ten days after becoming aware of
the conflict with this policy.
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19. Formal Complaints. This policy is not intended to prohibit contractors or
their representatives from issuing formal complaints or concerns about potential
conflicts of interest during the “Code of Silence”. Such concerns should be
communicated to the chief financial officer.
XI. EVALUATION
A. The Owner will conduct a comprehensive evaluation of all responsive submissions timely received in response to this RFQ. The Owner may appoint a selection committee to perform the evaluation. B. Each submission will be analyzed to determine overall responsiveness, qualifications under the RFQ and Respondents proposed plan. The Owner may also request additional information from Respondent’s at any time prior to final approval of a selected Respondent. The Owner reserves the right to select one, or more, or none of the Respondents to provide services. Final approval of a selected Respondent(s) is subject to the action of the Board of Trustees of the Owner. C. The Owner reserves the right to conduct all research it deems necessary as part of its evaluation of Respondent’s including their proposed subcontractors, which may include inspection of Respondents’ and subcontractors’ facilities and contacting their previous clients. D. THE PROCESS WILL BE A TWO-STEP PROCESS. NO MENTION OF FEES OR COSTS WILL BE ALLOWED for STEP 1.
1. Step 1 will be the evaluation of statements of qualifications for the services
requested in this RFQ based on demonstrated competence and qualifications.
Weighted criteria will be used as set forth below. The firms will be ranked 1, 2, 3,
etc. for each category of requested services, with 1 being the most highly qualified
firm. Interviews and presentations will be used, if necessary, to help evaluate firms.
Once the Owner has performed the ranking based on demonstrated competence and qualifications and the Owner has determined that a project is in need of a specific professional service, the Owner will move to Step 2.
2. Step 2 will be negotiations with the top-ranked firm for the services needed
to attempt to agree on a contract at a fair and reasonable price. The Owner shall
first select the most highly qualified provider from the finalists on the basis of
demonstrated competence and qualifications and then may attempt to negotiate a
contract with that provider at a fair and reasonable price.
3. If a satisfactory contract cannot be negotiated with the most highly qualified
provider of the services needed, the Owner shall:
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a) formally end negotiations with that provider;
b) select the next most highly qualified provider; and
c) attempt to negotiate a contract with that provider at a fair and
reasonable price.
4. The Owner shall continue the process described above to select and
negotiate with providers until a contract is entered into.
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E. The Owner will utilize the following criteria in the evaluation of responses: Point Value
Category Evaluation Method Reference Section
5 Local Experience
Respondent and / or team members demonstrate experience working in surrounding districts and thereby better serve Owner’s projects
I.D.1, VII.b)
35 Similar Projects
Respondent and / or team demonstrates similar project experience to the work planned by Owner in a qualified manner and thereby the capability to better serve the Owner’s projects
I.F
30 Project Approach, Available Services and Strength of Team Members
Respondent demonstrates a thorough understanding of the needs that require fulfillment to complete a Capital Bond program like the Owner’s and thereby demonstrates the range of services available to meet a variety of needs, providing a clear organization chart, line of command and qualified, competent personnel to perform the work
I.C.2, I.D.12, I.E, I.E.4, I.G
25 Evaluation Survey of Company References and Project Contacts
Respondent’s references and stated project contacts in Sections I.F will be sent a request to participate in a survey of your company. The weighted average overall score for your company will be used to allocate a pro-rated share of the total available points in this category. If 4 or fewer responses are received, your company will earn zero points for this category. You are responsible for accuracy of email address. A formula will be used as follows: (“Reference Factor” * points available in the category). “Reference Factor” is determined as follows: (Your average overall score/maximum possible average overall score)
I.F
5 Company Stability
Respondent demonstrates a stable history through years in business, sound financial information, no findings of negligence, overall size, service as prime contract holder, renewal of contracts, work on hand to staff ratio, etc.
I.D.3, I.D.4, I.D.6, I.D.7, I.D.16, I.D.20, I.D.21
XII. AWARD OF CONTRACT AND RESERVATION OF RIGHTS.
A. The form of contract will be as attached as EXHIBIT M – CONTRACT, including incorporated reference files. Respondents are responsible for identifying any exceptions to the terms and conditions of the Contract in Exhibit M. ANY EXCEPTIONS MUST BE NOTED ON THE DEVIATION FORM CONTAINED IN EXHIBIT E – DEVIATION AND EXCEPTIONS FORM. Responses that are qualified with conditional clauses or other irregularities may be considered non-responsive by the Owner and eliminated from further consideration by the Owner. B. The Contract, if awarded, will be awarded to the Respondent whose submission is deemed most advantageous to Owner, upon approval of the Owner’s Board of Trustees. C. The Owner may accept any submission in whole or in part. If subsequent negotiations are conducted, they shall not constitute a rejection or alternate RFQ on the part of Owner. However, final selection of a Respondent is subject to approval by the Owner’s Board of Trustees. D. The Owner reserves the right to reject any or all submissions received in response to this RFQ, and to waive informalities and irregularities in the submissions received. The
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Owner also reserves the right to terminate this RFQ, and reissue a subsequent solicitation, and/or remedy technical errors in the RFQ process. E. This RFQ does not commit Owner to enter into a Contract, award any services related to this RFQ, nor does it obligate Owner to pay any costs incurred in preparation or submission of a submission or in anticipation of a contract. F. Independent Contractor. Respondent agrees and understands that, if selected, it and all persons designated by it to provide services in connection with a contract shall be deemed to be independent contractor(s), responsible for their respective acts or omissions, and that Owner shall in no way be responsible for Respondent’s actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that it has such authority. G. Access and Audit Rights. Owner, or its authorized representative, shall be afforded unrestricted access to and permitted to inspect and copy all the Respondent’s records, which shall include but not be limited to accounting records (hard copy as well as computer readable data), correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to a contract awarded as a result of this RFQ. The Respondent shall preserve all such records for a period of five (5) years, or for such longer period as may be required by law, after final payment under the Contract. If the Contract is funded from contract/grant funds provided by the U.S. Government or the State of Texas, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector general of the federal sponsoring agency, or the State of Texas and its duly authorized representatives.
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XIII. EXHIBIT A – 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 Owner must give advance notice to the Owner 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 Owner may terminate a contract with a person or business entity if the Owner 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 Owner 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 company 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)________________________________ My company is a publicly held corporation; therefore, this reporting requirement is not
applicable: Signature of Company Official _____________________________________ b. My company is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official _____________________________________ c. My company is owned or operated by the following individual(s) who has/have been
convicted of a felony: Name of Felon(s)_______________________________________________________ Details of Conviction(s)__________________________________________________ Signature of Company Official_____________________________________________
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XIV. EXHIBIT B – ACKNOWLEDGMENT FORM - NON-COLLUSION STATEMENT
The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this submission in collusion with any other proposer, and that the contents of this submission as to prices, terms or conditions of said submission have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this submission. Vendor:_____________________________________________________________ Address: _____________________________________________________________ Phone: _____________________________________________________________ Fax: _____________________________________________________________ Respondent (Signature):_____________________________________________________________ Respondent (Print Name):_____________________________________________________________ Position with Company:_____________________________________________________________ Signature of CompanyOfficial_____________________________________________________________ Authorizing Submission:_____________________________________________________________ Company Official (Print Name):_____________________________________________________________ Official Position: _____________________________________________________________
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XV. EXHIBIT C – PROOF OF INSURABILITY
Furnish proof of insurability meeting the requirements set forth in the Contract, attached to this
RFQ.
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XVI. EXHIBIT D – SIGNATURE PAGE AND DECLARATION OF COMPLIANCE
Circle below to indicate the 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 Form (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: __________________________________________________________________________ (If Respondent is a Joint Venture, an authorized signature from a representative of each party is required) 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 Owner 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 recipients 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 the
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Owner concerning this submission 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 the Owner 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 the Owner in connection with information regarding this submission, the submission of this submission, the award of this submission or the performance, delivery or sale pursuant to this submission.
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XVII. EXHIBIT E – DEVIATION AND EXCEPTIONS FORM
Any proposed deviations or exceptions to the Terms and Conditions and/or Specifications, including the Contract attached as EXHIBIT M – CONTRACT, must be noted on this sheet (additional pages may be provided if necessary by the respondent). In the absence of any entry on this Deviation Form, the respondent assures the Owner of their full compliance with the Terms and Conditions and Specifications. The Owner will, at is sole discretion, determine whether the deviations listed below are acceptable. THIS DEVIATION FORM MUST BE SIGNED BY EACH RESPONDENT WHETHER THERE ARE DEVIATIONS LISTED OR NOT, AND SUBMITTED WITH THIS PROPOSAL. DEVIATION: Name of Company/Firm: ____________________________________________________________________ Mailing Address: __________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Email Address: ____________________________________________________________________________ Prepare By: _______________________________________________________________________________ Company Official’s Name: ___________________________________________________________________
Printed Company Official’s Authorized Signature: ______________________________________________________ TITLE ___________________________________________________________________________________ TELEPHONE NUMBER_______________________ DATE __________________________
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XVIII. EXHIBIT F – CERTIFICATE OF RESIDENCY
The State of Texas has passed a law concerning non-resident contractors. This law can be found in the Texas Government Code under Chapter 2252, Subchapter A. This law makes it necessary for the Stafford Municipal School District to determine the residency of its bidders. In part, this law reads follows: “Section: 2252.001 (3) ‘Non-resident bidder’ refers to a person who is not a resident. (4) ‘Resident bidder’ refers to a person whose principal place of business in this state, including a Contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section 2252.002
“A governmental entity may not award a government contract to a non-resident bidder unless the non-resident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the non-resident bidder to obtain a comparable contract in the state in which the nonresident’s principle place of business is located.”
I certify that____________________________________________________________________________
(Name of Company Bidding) is, under Section: 2252.001 (3) and (4), ___________Resident Bidder ___________Non-resident Bidder My or our principal place of business under Section: 2252.001 (3) and (4), is in the city of _______________________________________ in the state of _______________________________________ ___________________________________________________________________________
Signature of authorized Company Representative _______________________________________________________
Print Name
_______________________________________________________ ____/____/____
Title Date
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XIX. EXHIBIT G – VENDOR STATEMENT OF DEBARMENT/SUSPENSION I have read the conditions and specifications provided in the Request for Qualifications 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 or from receiving a federally funded contract under the Federal OMB, A-102, common rules. 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 30, 1989, Federal Register (pages 4722-4733). Copies of the regulation may be obtained by contacting the Department of Agriculture Agency from which this transaction originated. Name of Company/Firm: ____________________________________________________________________ Mailing Address: __________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Email Address: ____________________________________________________________________________ Prepare By: _______________________________________________________________________________ Company Official’s Name: ___________________________________________________________________
Printed Company Official’s Authorized Signature: ______________________________________________________ TITLE ___________________________________________________________________________________ TELEPHONE NUMBER_______________________ DATE __________________________
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XX. EXHIBIT H – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Complete and submit Internal Revenue Service for “W-9”
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XXI. EXHIBIT I – FORM 1295 – CERTIFICATE OF INTERESTED PARTIES
Complete and submit Texas Ethics Commission Form 1295 at the Texas Ethics Commission web site at https://ethics.state.tx.us/forms/1295.pdf.
Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics
Commission’s online filing application and attached to proposal)
Owner is required to comply with House Bill 1295, which amended the Texas Government Code by adding
Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits Owner from entering into a
contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of
Interested Parties (Form 1295) to Owner at the time business entity submits the signed contract. Effective
January 1, 2018, the Form 1295 requirement does not apply to: (1) a contract with a publicly traded business
entity or wholly owned subsidiary of the same; (2) an electric utility; or (3) a gas utility. The Texas Ethics
Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas
Ethics Commission. The following definitions apply:
(1) “Business Entity” means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. TEX. GOV’T CODE § 2252.908(1).
(2) “Interested Party” means a person: a) who has a controlling interest in a business entity with whom Owner contracts; or b) who actively participates in facilitating the contract or negotiating the terms of the contract,
including a broker, intermediary, adviser, or attorney for the business entity. TEX. GOV’T CODE § 2252.908(3).
(3) “Controlling interest” means: a) an ownership interest or participating interest in a business entity by virtue of units,
percentage, shares, stock, or otherwise that exceeds 10 percent; b) membership on the board of directors or other governing body of a business entity of which
the board or other governing body is composed of not more than 10 members; or c) service as an officer of a business entity that has four or fewer officers, or service as one of the
four officers most highly compensated by a business entity that has more than four officers. Subsection (c) does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries. TEX. ETHICS COMM. RULE 46.3(c).
(4) “Intermediary” means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:
a) receives compensation from the business entity for the person’s participation; b) communicates directly with the governmental entity or state agency on behalf of the business
entity regarding the contract; and c) is not an employee of the business entity. TEX. ETHICS COMM. RULE 46.3(e).
As a “business entity,” all vendors must:
(1) complete Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm - All vendors must complete Form 1295, even if no interested parties exist - In Section 2, insert “Stafford Municipal School District” - In Section 3, insert the “RFQ #19 -002” for this proposal
(2) print a copy of the completed form (make sure that it has a computer-generated certification number in the “Office Use Only” box)
(3) have an authorized agent of the business entity sign the form (4) submit the completed Form 1295 by attaching the form to your proposal.
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OWNER must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after receipt by OWNER. After OWNER acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after receiving notice from OWNER.
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XXII. EXHIBIT J – CERTIFICATION REGARDING TERRORIST ORGANIZATIONS AND
BOYCOTT OF ISRAEL
Respondent hereby certifies that it is not a company identified on the Texas Comptroller’s list of
companies known to have contracts with, or provide supplies or services to, a foreign organization
designated as a Foreign Terrorist Organization by the U.S. Secretary of State under federal law.
(Tex. Gov’t Code §§ 2252.151-.154)
Respondent hereby certifies and verifies that neither Respondent, nor any affiliate, subsidiary, or
parent company of Respondent, if any (the “Respondent Companies”), boycotts Israel, and
contractor agrees that Respondent and Respondent Companies will not boycott Israel during the
term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include
terminating business activities or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations with Israel, or with a person or entity doing
business in Israel or in an Israeli-controlled territory. (Tex. Gov’t Code §§ 2270.001-.002, 808.001-
.006,.051-.057, .101-.102)
Name of Company/Firm: ____________________________________________________________________ Mailing Address: __________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Email Address: ____________________________________________________________________________ Prepare By: _______________________________________________________________________________ Company Official’s Name: ___________________________________________________________________
Printed Company Official’s Authorized Signature: ______________________________________________________ TITLE ___________________________________________________________________________________ TELEPHONE NUMBER_______________________ DATE __________________________
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XXIII. EXHIBIT K – CRIMINAL HISTORY CERTIFICATION
Definitions:
Covered employees: Employees who have or will have continuing duties related to the service to be
performed at the District and have or will have direct contact with students. The District will be the
final arbiter of what constitutes direct contact with students.
Disqualifying criminal history: Any conviction or other criminal history information designated by
the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or
enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for
which a defendant is required to register as a sex offender under Chapter 62, Texas Code of
Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.
On behalf of _________________________________________________ (“Supplier”), I certify that
(check one):
__ None of respondent’s employees are covered employees, as defined above. If this is checked, I
further certify that Supplier has taken precautions or imposed conditions to ensure that Supplier’s
employees will not become covered employees. Supplier will maintain these precautions or
conditions throughout the time the contracted services are provided.
Or
__ Some or all of respondent’s employees are covered employees. If this is checked, I further certify
that:
1. Respondent has obtained all required criminal history record information regarding its covered
employees. None of the covered employees has a disqualifying criminal history.
2. If Respondent receives information that a covered employee subsequently has a reported
criminal history, Supplier will immediately remove the covered employee from contract duties and
notify the District in writing within 3 business days.
3. Upon request, Respondent will provide the District with the name and any other requested
information of covered employees so that the District may obtain criminal history record
information on the covered employees.
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4. If the District objects to the assignment of a covered employee on the basis of the covered
employee’s criminal history record information, respondent agrees to discontinue using the
covered employee to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract
termination.
Name of Company/Firm: ____________________________________________________________________ Mailing Address: __________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Email Address: ____________________________________________________________________________ Prepare By: _______________________________________________________________________________ Company Official’s Name: ___________________________________________________________________
Printed Company Official’s Authorized Signature: ______________________________________________________ TITLE ___________________________________________________________________________________ TELEPHONE NUMBER_______________________ DATE __________________________
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XXIV. EXHIBIT L - SUBMISSION CHECKLIST
Use this checklist to ensure that all required documents have been included in the submission and that they are properly tabbed and appear in the correct order.
Document Page Limit Initial to indicate document is attached to submission
Letter of Interest. Unlimited Table of Contents Unlimited Executive Summary Unlimited Respondent Qualification General questionnaire Unlimited Proposed Team Unlimited Respondent project experience Unlimited Project Understanding and Approach Unlimited EXHIBIT A – FELONY CONVICTION NOTIFICATION Unlimited EXHIBIT B – ACKNOWLEDGMENT FORM - NON-COLLUSION STATEMENT
Unlimited
EXHIBIT C – PROOF OF INSURABILITY Unlimited EXHIBIT D – SIGNATURE PAGE AND DECLARATION OF COMPLIANCE
Unlimited
EXHIBIT E – DEVIATION AND EXCEPTIONS FORM Unlimited EXHIBIT F – CERTIFICATE OF RESIDENCY Unlimited EXHIBIT G – VENDOR STATEMENT OF DEBARMENT/SUSPENSION
Unlimited
EXHIBIT H – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER
Unlimited
EXHIBIT I – FORM 1295 – CERTIFICATE OF INTERESTED PARTIES
Unlimited
EXHIBIT J – CERTIFICATION REGARDING TERRORIST ORGANIZATIONS AND BOYCOTT OF ISRAEL
Unlimited
EXHIBIT K – CRIMINAL HISTORY CERTIFICATION Unlimited EXHIBIT L - SUBMISSION CHECKLIST Unlimited EXHIBIT M – CONTRACT Do Not Submit Do Not Submit EXHIBIT N – CONFLICT OF INTEREST Unlimited
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XXV. EXHIBIT M – CONTRACT
The Contract terms and conditions in this Exhibit will be the form of contract used for the
professional services. The Contract and required exhibits to the contract are included for the use of
the Respondent in understanding the expectations of the Owner. Respondents are responsible for
identifying any exceptions to the terms and conditions of the Contract in this Exhibit M. ANY
EXCEPTIONS MUST BE NOTED ON THE DEVIATION FORM CONTAINED IN EXHIBIT E.
Responses that are qualified with conditional clauses or other irregularities may be considered
non-responsive by the Owner and eliminated from further consideration by the Owner.
MEP Commissioning, Air Quality Testing and Monitoring Services
AGREEMENT made as of the _______ day of _______________________________ in the year
__________
BETWEEN the Owner:
(Name, legal status, address and other information)
and the Consultant:
(Name, legal status, address and other information)
for the following Project:
(Name, location and detailed description)
The Consultant:
(Name, legal status, address and other information)
The Owner and Consultant agree as follows.
1. INSURANCE
1.1. General
1.1.1. See Exhibit A – Insurance.
2. TIME OF PERFORMANCE
2.1. Coordination with construction
2.1.1. All work shall run concurrent with the construction schedule. Approximate schedule of
actual construction work is identified in other articles of this Agreement, and Agreement is
based on the identified construction schedule.
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2.1.2. The date of commencement of the Work shall be on the effective date of this Agreement.
3. ITEMS TO BE SUPPLIED BY OWNER
3.1. Drawings
3.2. Specifications
3.3. Addenda
3.4. General, Supplementary and other Conditions
4. QUALIFICATIONS OF CONSULTANT
4.1. Professional Standard
4.1.1. All services shall be performed by qualified personnel under the supervision of a qualified
Commissioning Authority ( herein CxA). CxA shall have not less than five (5) years’
experience in MEP Commissioning, shall bear credentials for completion of a recognized
commissioning training program, and shall have successfully completed not less than three
(3) commissioning projects of similar size and scope in the capacity of CxA. professional
licensed or otherwise qualified by the State to practice Engineering, and the document(s)
submitted shall bear the engineer’s seal and statement to that effect.
4.1.2. The scope of services is to provide commissioning services in compliance with Section 408
of the 2015 International Energy Conservation Code. Our scope is to also include optional
services during design phase and optional systems to consider.
5. SERVICES
5.1. As soon as practicable after the date of this agreement, the CxA shall submit for the Owner’s
approval a schedule for the performance of Commissioning services. Once approved by the
Owner time limits established by the schedule shall not, except for reasonable cause, be
exceeded by the CxA or Owner. With the Owner’s approval, the CxA shall adjust the schedule,
as necessary, as the project proceeds through construction, substantial completion, and the first
year of owner’s occupancy.
5.2. The CxA shall be responsible for the development of a commissioning plan, commissioning
specifications, hold the commissioning kick off meeting, perform a construction document
review, create functional test proceedures, perform site visits, perform functional testing and
systems verification and develop a final commissioning report and closeout documentation. For
this document the word “Commissioning“ and “CX“ shall be interchangeable and will mean one
in the same.
5.3. Commissioned MEP Systems include, but are not limited to:
5.3.1. Mechanical HVAC Systems
5.3.2. Interior and Exterior Electrical Lighting Control Systems
5.3.3. Plumbing Domestic Water Heating Systems
5.3.4. Building Automation Control Systems (BAS)
5.4. As part of the basic CX services, the CxA shall utilize Owner’s online project management
software.
5.5. The CxA shall review submittals of commissioned systems and deliver to parties as directed by
Owner.
5.6. The CxA shall perform regular on-site investigations and observation reports. The CxA shall
develop, distribute, track, and maintain a comprehensive log of project commissioning issues.
This log shall include at least the following information for each issue entry:
5.6.1. Date & description of the issue or deficiency
5.6.2. Responsible party (“Ball-In-Court”)
5.6.3. Status & final disposition
5.6.4. CxA’s sign-off verifying resolution
5.7. The CxA shall host or attend regular commissioning meetings to coincide with Owner progress
meetings and develop a commissioning report to share with the Owner and members of the
construction team.
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5.8. The CxA shall coordinate commissioning activities with the Owner’s Testing & Balancing
Agency (TAB). The CxA shall review TAB results and provide comments to be distributed as
directed by Owner.
5.9. The CxA shall develop functional test procedures and perform functional testing for all
commissioned MEP systems. Functional testing shall include verification of all equipment and
BAS control system sequences of operation.
5.10. The CxA shall perform review of the O&M documentation and develop a report to be
issued to the Owner.
5.11. The Engineer shall develop monitoring-based procedures and identify points to be
measured and evaluated to access performance of energy and water consuming systems.
5.12. For all meetings hosted by the CxA, the CxA will prepare, or cause others to prepare and
distribute meeting minutes to ensure coordination of issues raised during the meetings with
responsible project stakeholders. Meeting notes shall be issued to all parties concerned.
5.13. The CxA shall be responsible for a complete re-evaluation of the building systems
approximately ten (10) months after the date of acceptance of the systems. Furthermore, the CxA
shall report all deficiencies discovered during said evaluation.
5.14. The CxA shall interpret and make recommendations to the Owner on matters concerning
performance under, and requirement of, the contract documents on written request of either the
Owner or Contractor.
5.15. Commissioning
5.15.1. 2015 IECC Commissioning: shall include all tasks and deliverables required to meet the
requirements the 2015 International Energy Conservation Code, Section 408.
5.15.1.1. Construction Phase:
5.15.1.1.1. Develop the final commissioning plan.
5.15.1.1.2. Conduct commissioning kick-off meeting and subsequent regular
commissioning meetings and special commissioning meetings as required.
5.15.1.1.3. Perform site visits to verify equipment installation.
5.15.1.1.4. Conduct functional performance testing of commissioned systems.
5.15.1.2. Documentation deliverables:
5.15.1.2.1. Commissioning schedule
5.15.1.2.2. Commissioning plan
5.15.1.2.3. Commissioning meeting minutes including commissioning issues log
5.15.1.2.4. Preliminary commissioning report.
5.15.1.2.5. Final commission report.
5.15.2. Air Quality Testing
5.15.2.1. Indoor Air quality (IAQ) testing services
5.15.2.1.1. Upon verification of HVAC system operation, the IAQ provider, with a
minimum of 5 years’ experience in performing the types of testing specified
herein, to test levels of indoor air contaminants for compliance with specified
requirements.
5.15.2.1.2. Conduct baseline IAQ testing using testing protocols consistent with the
United States Environmental Protection Agency Compendium of Methods for
the Determination of Air Pollutants in Indoor Air.
5.15.2.1.3. A test plan shall be submitted for the approval of the Contracting
Officer’s Representative. The plan shall specify procedures, times,
instrumentation, and sampling methods that will be employed.
5.15.2.1.4. Perform IAQ testing for at least the minimum number of required
sampling locations, determined as follows: For each portion of the building
served by a separate ventilation system, the number of sampling points shall not
be less than one per 25,000 sq. ft., or for each contiguous floor area, whichever
is larger, and include areas with the least ventilation as calculated by Ventilation
Page 41 of 51 RFQ#2019-002
Rate Procedure of ASHRAE Standard 62.1-2004 and greatest presumed source
strength as identified by Owner. Collect air samples on three consecutive days
and average the results of each three-day test cycle to determine compliance or
non-compliance of indoor air quality for each air handling zone tested.
5.15.2.2. Documentation deliverables:
5.15.2.2.1. Preliminary IAQ report.
5.15.2.2.2. Final IAQ report.
6. RATE SCHEDULE AND PAYMENTS TO THE CONSULTANT
6.1. Rate schedule
6.1.1. The compensation paid for the services (including the furnishing of all materials, equipment
and computers, labor and any required insurance) shall be based upon this stipulated sum as
indicated in the “Fee Schedule”. Indicate personnel site hourly charges.
6.2. Payments to the Consultant
6.2.1. Based upon Applications for payment submitted to the Program Manager by the Consultant,
and Certifications for Payment issued by the Program Manager, the Owner shall make
payments as provided below.
6.2.1.1. The period covered by each application shall be one calendar month.
6.2.1.2. Payment shall be made no later than forty-five (45) days after receipt by the
Owner. Consultant agrees to pay any subcontractors or subconsultants the appropriate
share of the payment received from the Owner not later than the tenth (10th) day after
the date the Consultant receives the payment from the Owner. The exceptions to
payments made by the Owner and/or the Consultant listed in TEX. GOV’T. CODE §
2251.002 shall apply to the Agreement.
6.2.1.3. Each Application for Payment shall include line item cost indication:
6.2.1.3.1. Date of test or observation
6.2.1.3.2. Report number associated with the test of observation
6.2.1.3.3. Code for service performed that coincides with “Construction Materials
Testing Fee Schedule”
6.2.1.3.4. Quantity of tested item or observation
6.2.1.3.5. Rate of charge for tested item or observation
6.2.1.3.6. Total charge for test or observation
6.2.2. The Consultant shall assume no minimum or maximum amount to be due under this
Agreement for services contemplated in the Owner’s RFQ and will be paid only for those
serviced actually performed, when authorized by the Owner.
6.2.3. Consultant’s estimate of the amount that will become payable for basic services pursuant to
Article 1 inclusive is Number in words ($___________). This amount is only an estimate
for planning purposes, is not binding on the parties and is not the maximum amount payable
to Consultant for services under this Agreement. Notwithstanding the fact that the
estimated amount for basic services is exceeded, Consultant shall receive compensation for
all basic services furnished or performed under this Agreement, calculated as set forth in
paragraphs 6.2.1above.
6.2.4. If it becomes apparent to Consultant at any time before services to be performed or
furnished under this Agreement are about eighty percent completed that the total amount of
compensation to be paid to Consultant on account of services will exceed Consultant’s
estimated amount for such services set forth above which is applicable to the services
performed or furnished, Consultant shall give Owner written notice thereof. Promptly
thereafter Owner and Consultant shall review the matter of compensation for such services,
and either Owner shall accede to such compensation exceeding said estimated amounts or
Owner and Consultant shall agree to a reduction in the remaining services to be rendered by
Consultant under this Agreement so that total compensation for such services will not
Page 42 of 51 RFQ#2019-002
exceed said estimated amount when such services are completed. The Consultant shall be
paid for all services rendered if Consultant exceeds the estimated amount before Owner and
Consultant have agreed to an increase in the compensation due to Consultant or a reduction
in the remaining services, provided Consultant has furnished notice as required by this
paragraph.
6.3. Fee Schedule
6.4. <<Insert Rate Table Here Following Ranking and Negotiation at Step Two>>
7. ADDITIONAL CONDITIONS
7.1. Termination
7.1.1. Either party may terminate this Agreement upon not less than seven days’ written notice
should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination.
7.1.2. The Owner may terminate this Agreement upon not less than seven days’ written notice to
the Consultant for the Owner’s convenience and without cause.
7.1.3. In the event of any termination of this Agreement, the Consultant shall be paid the fee
owed, based upon the Consultant’s services performed and accepted by the Owner to the
date of notice of termination, together with Reimbursable Expenses then due.
7.2. Term of Agreement
7.2.1. The term of this agreement shall be the duration of construction operations, preliminarily
identified in the Owner’s RFQ, but not less than the actual work duration requires.
7.3. Taxes
7.3.1. The Owner is an organization exempt from Texas taxes. Owner shall not be responsible for
sales, consumer, use, and similar taxes on labor, materials, equipment, systems, and other
items purchased for the project which Owner would ordinarily be exempt.
7.4. Notice
7.4.1. All notices required to be given under the Agreement must be in writing. Any notice
required or permitted to be given under the Agreement shall be deemed delivered, whether
or not actually received, three days after it is deposited in the U.S. Mail, when sent by
certified mail, return receipt requested, postage prepaid, and correctly addressed to the party
at the address provided in this Agreement. Notice given in any other manner shall be
deemed delivered when actually received. Either party may change its address for notice by
giving notice of the change of address in accordance with this provision.
7.5. By signing this Agreement or providing or causing to be provided a certificate of coverage, the
Consultant is certifying to the Owner that all employees of the Consultant who will provide
services on the Project will be covered by workers’ compensation coverage for the duration of
the Project. Consultant is also representing that it will require all subconsultants to provide
workers’ compensation coverage on all employees who will provide services on the Project for
the duration of the Project and to provide written certifications of such coverage to the
Consultant. The Consultant will provide the certifications to Owner. Providing false or
misleading information may subject the Consultant to administrative penalties, criminal
penalties, civil penalties, or other civil actions. The Consultant’s failure to comply with any of
these provisions is a breach of contract by the Consultant which entitles the Owner to declare the
Agreement void if the Consultant does not remedy the breach within ten days after receipt of
notice of breach from the Owner.
7.6. No provision of this Agreement shall waive any immunity or defense. No provision of this
Agreement is a waiver of any immunity or a consent to suit.
7.7. Governing Law and Venue
7.8. To the maximum extent permitted by applicable law, the parties expressly agree that the
exclusive venue and place of trial for any action brought under or in connection with or in any
way related to the Work, the Project, or the Agreement, shall be in the state district courts of
Page 43 of 51 RFQ#2019-002
XXXXXXXXX County, Texas. The Agreement is performable entirely in XXXXXXXXX
County, Texas.
7.9. Severability
7.9.1. If any provision or part of the Agreement is held to be illegal, invalid, or unenforceable
under any present or future law or regulation, such provision shall be fully severable and the
Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never comprised a part of the Agreement. The remaining provisions of the
Agreement shall remain in full force and effect and shall not be affected by the illegal,
invalid, or unenforceable provision or by its severance.
7.10. Claims and Disputes
7.10.1. General
7.10.1.1. The Owner and Consultant shall commence all claims and causes of action
against the other and arising out of or related to this Agreement, whether in contract,
tort, or otherwise, in accordance with the requirements of the binding dispute
resolution method selected in this Agreement and within the period specified by
applicable law.
7.10.1.2. The Consultant and Owner waive consequential damages for claims, disputes, or
other matters in question, arising out of or relating to this Agreement. This mutual
waiver is applicable, without limitation, to all consequential damages due to either
party’s termination of this Agreement.
7.10.2. Mediation
7.10.2.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement may, only upon mutual agreement by both parties, be submitted to
mediation as a condition precedent to the institution of legal or equitable proceedings
by either party.
7.10.2.2. The Owner and Consultant may endeavor to resolve claims, disputes and other
matters in question between them by informal negotiation or mediation, if agreed to
by the parties. Mediation costs shall be shared equally by the parties. Nothing in this
Agreement shall be construed as requiring mandatory mediation of claims, disputes or
other matters between the parties. At all times during the course of any dispute
resolution process, the Consultant shall continue diligently and without delay to
perform the services of the Agreement.
7.10.2.3. The mediation shall be held in XXXXXXXXX County. The parties shall share
the mediator’s fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
7.10.2.4. If the parties do not resolve a dispute through mediation pursuant to this Section
7.10.2, the method of binding dispute resolution shall be by litigation in a court of
competent jurisdiction.
7.10.2.5. The Owner has retained a Program Manager to carry out some of the functions of
the administration of the Owner’s program. The Consultant, Contractor and Program
Manager shall cooperate with each other in the performance of their respective
functions. The management and reporting systems used by the Owner and/or Program
Manager, including the assignment of the Program Manager, may be changed by the
Owner during the project.
7.11. The Consultant shall, as a part of the basic services compensation, furnish Criminal
History Background Checks to comply with Texas Education Code section 22.0834 for
employees, applicants, agents or subcontractors of the Consultant who will have continuing
duties related to the Project, and those duties are performed on Owner’s property where students
are regularly present. Consultant and subconsultants subject to the law will be required to
Page 44 of 51 RFQ#2019-002
submit proof of compliance to the Owner annually. Consultant shall remove from the project
those persons who have been convicted of a felony offense under Title 5, Penal Code, an offense
on conviction of which a defendant is required to register as a sex offender under Chapter 62,
Code of Criminal Procedure; or an offense under the laws of another state or federal law that is
equivalent to an offense.
7.12. The Consultant, unless a publicly held corporation, shall provide notice if the Consultant
or operator of the Consultant has been convicted of a felony in accordance with Texas Education
Code section 44.034.
7.13. The Consultant, in signing this Agreement certifies that it is not ineligible to receive
payment of funds in accordance with Texas Family Code section 231.006. Consultant hereby
certifies that it is not a company identified on the Texas Comptroller’s list of companies known
to have contracts with, or provide supplies or services to, a foreign organization designated as a
Foreign Terrorist Organization by the U.S. Secretary of State under federal law. (Tex. Gov’t
Code §§ 2252.151-.154)
7.14. Consultant hereby certifies and verifies that neither Consultant, nor any affiliate,
subsidiary, or parent company of Consultant, if any (the “Consultant Companies”), boycotts
Israel, and Consultant agrees that Consultant and Consultant Companies will not boycott Israel
during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall
mean and include terminating business activities or otherwise taking any action that is intended
to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person
or entity doing business in Israel or in an Israeli-controlled territory. (Tex. Gov’t Code §§
2270.001-.002, 808.001-.006, .051-.057, .101-.102)
7.15. INDEMNITY Approval of any Documents by Owner shall not constitute and shall not be
deemed a release of the responsibility and liability of Consultant, its agents, employees and
subcontractors, for Documents which are sufficient for Owner to complete the construction of
the Project and are free from material defects or omissions, nor shall such approval be deemed to
be an assumption of such responsibility and liability by Owner for any defect in the Documents
prepared by the Consultant, its agents, employees, subcontractors, or consultants, it being the
intent of the parties that the approval by Owner signifies Owner’s approval of only the general
design concept of the improvements to be constructed. In this connection, Consultant SHALL,
DURING THE CONSTRUCTION OF SAID PROJECT AND FOR A PERIOD OF TEN
YEARS AFTER SUBSTANTIAL COMPLETION (PLUS AN ADDITIONAL TWO YEARS IF
THE CLAIM IS PRESENTED IN ACCORDANCE WITH TEXAS CIVIL PRACTICE AND
REMEDIES CODE SECTION 16.008(c)), INDEMNIFY AND HOLD HARMLESS OWNER
AND ALL OF ITS OFFICERS, TRUSTEES, AGENTS, REPRESENTATIVES, SERVANTS,
AND EMPLOYEES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE,
INCLUDING ATTORNEY’S FEES, ON ACCOUNT OF DAMAGE OR DESTRUCTION TO
PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY OR ALL PERSONS,
INCLUDING INVITEES AND EMPLOYEES OF THE OWNER, CONSTRUCTION
MANAGER, CONSULTANT, OR SUBCONTRACTORS AND OF ALL OTHER PERSONS
PERFORMING ANY PART OF THE WORK, WHICH MAY DIRECTLY ARISE FROM OR
BE CONNECTED WITH ANY ACT OF NEGLEGENCE ON THE PART OF THE
CONSULTANT OR ANY BREACH OF OBLIGATIONS UNDER THIS AGREEMENT;
provided and except, however, that this indemnification provision shall not be construed as
requiring the Consultant to indemnify or hold harmless for any loss, damage, liability, or
expense on account of damaged property or injuries, including death to any person, which may
arise out of or may be caused by any act of negligence of breach of obligation under this
Agreement by Owner or Owner’s employees or agents, except Consultant.
8. Other Terms and Conditions
8.1. No amendment of the Agreement shall be permitted unless and until first approved in writing by
Owner, and no such amendment shall have any effect unless and until a written amendment to
Page 45 of 51 RFQ#2019-002
the Agreement is executed by the Owner’s Superintendent or his designee after any necessary
approvals have been obtained from the Owner’s Board of Trustees.
8.2. Consultant may not assign the Agreement or any of its rights, duties, or obligations hereunder
without the prior written approval of the Owner. Any attempted assignment of the Agreement
by Consultant shall be null and void.
8.3. Consultant is required to notify the Owner in writing when any material change in operations
occurs, including, but not limited to, bankruptcy, material changes in financial condition, change
of ownership, and the like, within three (3) business days of such change.
8.4. Consultant shall comply with all applicable federal, state, and local laws, statutes, ordinances,
standards, orders, rules, and regulations. For the entire duration of the Agreement, Consultant
and all subconsultant shall maintain all required licenses, certifications, permits, and any other
documentation necessary to perform the Agreement. For the entire duration of the Agreement,
Consultant and all subconsultants shall also comply with all requirements pertaining to local,
state, or federal health and safety certifications, licensing, or regulations. Consultant must
comply with all state and local building code requirements. Consultant is responsible for being
acquainted with and complying with Texas’s requirements. When required or requested by the
Owner, Consultant shall furnish the Owner with satisfactory proof of Consultant’s compliance
with this provision.
8.5. It is the policy of the Owner not to discriminate on the basis of race, color, national origin,
gender, limited English proficiency, or handicapping conditions in its programs. Consultant
agrees not to discriminate against any employee or applicant for employment to be employed in
the performance of the Agreement, with respect to hire, tenure, terms, conditions and privileges
of employment, or a matter directly or indirectly related to employment, because of age (except
where based on a bona fide occupational qualification), sex (except where based on a bona fide
occupational qualification) or race, color, religion, national origin, or ancestry. Consultant
further agrees that every subcontract entered into for the performance of the Agreement shall
contain a provision requiring non-discrimination in employment herein specified, binding upon
each subcontractor. Breach of this covenant may be regarded as a material breach of the
Agreement.
8.6. In the event of loss, damage, or destruction of any of Owner’s property (or a third-party’s
property in the Owner’s possession, custody, or control) that is caused by Consultant or
Consultant’s representative, agent, employee, or contractor, Consultant shall indemnify the
Owner and pay to the Owner the full value of or the full cost of repair or replacement of such
property, whichever is greater, within thirty (30) days of Consultant’s receipt of written notice of
the Owner’s determination of the amount due. If Consultant fails to make timely payment, the
Owner may obtain such money from Consultant by any means permitted by law, including,
without limitation, offset or counterclaim against any money otherwise due to Consultant by the
Owner.
8.7. Consultant agrees that the normal rules of construction that require that any ambiguities in the
Agreement are to be construed against the drafter shall not be employed in the interpretation of
the Agreement.
8.8. It is the intention of the parties to the Agreement that Consultant is independent of the Owner, is
an independent contractor, and is not an employee, agent, joint venturer, or partner of the Owner.
Nothing in the Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee, agent, joint venturer or partner, between the Owner and
Consultant, or the Owner and any of Consultant’s agents. Consultant has no power or authority
to assume or create any obligation or responsibility on behalf of the Owner. The Agreement shall
not be construed to create or imply any partnership, agency, or joint venture, nor shall it be
construed or deemed an endorsement of a specific company or product. Consultant agrees that
the Owner has no responsibility for any conduct of any of Consultant’s employees, agents,
representatives, contractors, or subcontractors.
Page 46 of 51 RFQ#2019-002
8.9. Renewal of the Agreement, if any, will be in accordance with TEX. LOCAL GOV’T. CODE §
271.903 concerning non-appropriation of funds for multi-year contracts. Notwithstanding any
other provision of the Agreement or obligation imposed on the Owner by the Agreement, the
Owner shall have the right to terminate the Agreement without default or liability to Consultant
resulting from such termination, effective as of the expiration of each budget period of the
Owner if it is determined by the Owner, at its sole discretion, that there are insufficient funds to
extend the Agreement. The parties agree that the Agreement is a commitment of the current
revenue of the Owner only.
8.10. No failure on the part of either party at any time to require the performance by the other
party of any term hereof shall be taken or held to be a waiver of such term or in any way affect
such party’s right to enforce such term, and no waiver on the part of either party of any term
hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. No
waiver, alteration, or modification of any of the provisions of the Agreement shall be binding
unless in writing and signed by duly authorized representatives of the parties hereto.
9. Enumeration of Contract Documents
9.1. This Agreement is comprised of the following documents and contains the entire agreement of
the parties relative to the purpose(s) of the Agreement and supersede any other representations,
agreements, arrangements, negotiations, or understandings, oral or written, between the parties to
the Agreement; in the event of a conflict between or among the below documents, precedence
shall be given in the order listed below:
9.1.1. The terms and conditions of this Agreement
9.1.2. Exhibit A – Insurance Requirements
9.1.3. Exhibit B – Project Management Software
9.1.4. Drawings
9.1.5. Specifications
9.1.6. Addenda
9.1.7. General, Supplementary and other Conditions
9.1.8. Certificates of Insurance
9.1.9. Owner’s RFQ # _____; and
9.1.10. Consultant’s response submitted in response to Owner’s RFQ # _____.
Page 47 of 51 RFQ#2019-002
EXECUTED ON THE DATE LAST WRITTEN BELOW.
OWNER:
Name of entity
Street
City, State Zip code
By:__________________________________, on ____________________________
Printed Name:____________________________
Title:____________________________
CONSULTANT:
Name of entity
Street
City, State Zip code
By:__________________________________, on ____________________________
Printed Name:____________________________
Title:____________________________
Page 48 of 51 RFQ#2019-002
XXVI. EXHIBIT N – CONFLICT OF INTEREST
Stafford Municipal School District (SMSD) is required to comply with Texas Local Government Code
Chapter 176, Disclosure of Certain Relationships with Local Government Officers. House Bill 23
significantly changed Chapter 176 as well as the required disclosures and the corresponding forms.
As of September 1, 2015, any vendor who does business with SMSD or who seeks to do business with
SMSD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of
interest exists. A conflict of interest exists in the following situations:
1) If the vendor has an employment or other business relationship with a local government officer of SMSD or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or
2) If the vendor has given a local government officer of SMSD, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or
3) If the vendor has a family relationship with a local government officer of SMSD.
“Vendor” means a person who enters or seeks to enter into a contract with a local governmental
entity. The term includes an agent of a vendor. The term includes an officer or employee of a state
agency when that individual is acting in a private capacity to enter into a contract. The term does not
include a state agency except for Texas Correctional Industries. Texas Local Government Code
176.001(7).
“Business relationship” means a connection between two or more parties based on commercial
activity of one of the parties. The term does not include a connection based on: (A) a transaction that
is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a
federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to
terms available to the public; or (C) a purchase or lease of goods or services from a person that is
chartered by a state or federal agency and that is subject to regular examination by, and reporting to,
that agency. Texas Local Government Code 176.001(3).
“Family relationship” means a relationship between a person and another person within the third
degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter
B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).
“Local government officer” means: (A) a member of the governing body of a local governmental
entity; (B) a director, superintendent, administrator, president, or other person designated as the
executive officer of a local governmental entity; or (C) an agent of a local governmental entity who
Page 49 of 51 RFQ#2019-002
exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local
Government Code 176.001(4).
• SMSD Board of Trustees and Superintendent include:
Mr. Christopher Caldwell Ms. Alicia Lacy-Castille Mr. Xavier Herrera Mr. Greg Holsapple Mr. Auturo Jackson Mr. Manuel Hinojosa Ms. Jacqueline Jean-Baptiste Dr. Robert Bostic, Superintendent
• Current local government officers include, but are not limited to:
George Daniel Flores Jaci Phenix JP Grom (LAN) Michael Scott (LAN)
If no conflict of interest exists, you must fill out Box 1 and type N/A on Box 3 of the CIQ form,
sign and date it. In the event of changed circumstances, an updated CIQ must be filed within seven
(7) business days after the vendor becomes aware that a conflict of interest exists.
Page 50 of 51 RFQ#2019-002
Page 51 of 51 RFQ#2019-002
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