the city of schertz, texas - sara-tx.org · web viewsubmittal documents including a cover sheet,...

San Antonio River Authority

REQUEST FOR PROPOSALS (RFP)For

Design, Installation & Management of Software Defined Wide area Network (SD-WAN)

# 00135

RESPONSES MUST BE RECEIVED NO LATER THAN:

November 9, 2018, 2:00 PM CST

Pre-Submittal Conference: There will be a non-mandatory pre-submittal conference held on October 24, 2018 at 1:30 PM CST, located at 100 E. Guenther, Medina Room, San Antonio, TX 78204.

Staff Contact Person: Karen SmithPurchasing AgentEmail: [email protected]

mailto:[email protected]

San Antonio River AuthorityRFP for Design, Installation & Management of Software Defined Wide area Network (SD-WAN)

CONTENTSNOTICE TO RESPONDENTS..............................................................................................................5

PART I -REQUIREMENTS FOR RESPONSES.......................................................................................6

1. INTRODUCTION................................................................................................................6

2. BACKGROUND..................................................................................................................63. COMMODITY OR SERVICE DESCRIPTION..................................................................6

4. MINIMUM QUALIFICATIONS.........................................................................................75. SCHEDULE OF EVENTS...................................................................................................7

6. PRE-SUBMITTAL CONFERENCE....................................................................................87. CONTRACT TERM.............................................................................................................8

8. PRICING..............................................................................................................................89. COOPERATIVE PURCHASING/PIGGY BACK OPTION...............................................9

10. ADDENDA AND MODIFICATIONS............................................................................911. SUBMITTAL INSTRUCTIONS......................................................................................9

12. SUBMISSION FORMAT...............................................................................................1013. PREPARATION OF RESPONSE..................................................................................11

14. WITHDRAWAL............................................................................................................1217. INSPECTIONS & TESTING.........................................................................................12

18. INTERPRETATIONS....................................................................................................1219. EVALUATION PROCEDURES...................................................................................12

20. RIGHT TO REJECT/ AWARD.....................................................................................1421. RESTRICTIONS ON COMMUNICATION..................................................................14

22. INVITATION FOR RESPONSES PREPARATION COSTS.......................................1523. ANTI-LOBBYING PROVISION...................................................................................15

24. CONFIDENTIAL INFORMATION & SECURITY.....................................................1525. PRODUCT LITERATURE............................................................................................15

26. SERVICE LEVEL AGREEMENT (SLA).....................................................................1527. VISIO DETAILED DIAGRAM OF THE PROPOSED SOLUTION............................15

28. TIMETABLE FOR IMPLEMENTATION....................................................................1529. LIST OF POINT OF CONTACTS (POC).....................................................................16

30. BUSINESS OVERVIEW...............................................................................................1631. DEVIATION FROM SPECIFICATION/ REQUIREMENTS.......................................16

32. CONFLICT OF INTEREST – ATTACHMENT F........................................................1633. ACKNOWLEDGEMENT - ATTACHMENT G...........................................................16

34. CONTRACT...................................................................................................................16

Part II –STATEMENT OF WORK.....................................................................................................18

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1. INTRODUCTION..............................................................................................................182. OBJECTIVE.......................................................................................................................18

3. OVERVIEW.......................................................................................................................184. OWNER PROVIDED COMPONENTS............................................................................18

5. DELIVERABLES AT PROJECT COMPLETION............................................................186. SCOPE OF WORK.............................................................................................................19

7. SECURITY.........................................................................................................................208. MODIFICATIONS OF SITES DURING CONTRACT PERIOD.....................................20

9. PERFORMANCE MEASUREMENTS.............................................................................2010. SITE LIST.......................................................................................................................20

Part III –TERMS AND CONDITIONS................................................................................................21

1. DELIVERY OF GOODS....................................................................................................21

2. INSURANCE......................................................................................................................223. PACKING AND SHIPPING..............................................................................................22

4. REJECTION.......................................................................................................................225. WARRANTY.....................................................................................................................22

6. PAYMENTS.......................................................................................................................237. TERMINATION FOR CONVENIENCE..........................................................................23

8. TERMINATION FOR CAUSE..........................................................................................249. ASSIGNMENT...................................................................................................................24

10. lIENS, CLAIMS & ENCUMBRANCES.......................................................................2411. SALES TAX...................................................................................................................24

12. TITLE.............................................................................................................................2413. PATENTS/COPYRIGHTS/TRADE SECRETS............................................................24

14. FORCE MAJEURE........................................................................................................2515. MATERIALS SAFETY DATA SHEETS (MSDS).......................................................25

16. WASTE HANDLING.....................................................................................................2617. AUTHORIZED DISTRIBUTOR...................................................................................26

18. INDEMNIFICATION....................................................................................................2619. LIMITATION OF LIABILITY......................................................................................27

20. RIGHT TO AUDIT........................................................................................................2721. INDEPENDENT CONTRACTOR.................................................................................27

22. CHANGES......................................................................................................................2823. GOVERNING LAW.......................................................................................................28

PART IV - ATTACHMENTS..............................................................................................................29

ATTACHMENT A-BUSINESS QUESTIONNAIRE...............................................................30

ATTACHMENT A-SUPPLEMENTAL QUESTIONNAIRE...................................................35ATTACHMENT B-SUBMISSION EXCEPTIONS/CLARIFICATIONS................................38

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ATTACHMENT C - REFERENCES........................................................................................39ATTACHMENT D - SMALL, WOMEN HUBZONE, DISADVANTAGED BUSINESSES. 40

ATTACHMENT E -PUBLIC INFORMATION ACT...............................................................42ATTACHMENT F- CONFLICT OF INTEREST QUESTIONNAIRE....................................44

ATTACHMENT G -ACKNOWLEDGMENT..........................................................................45

Exhibit 1 – Pricing Sheet Exhibit 2 – Supplemental Information

Site list SARA Network Diagram before SD-WAN ListSample Authorized Distributor/Installer letter

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NOTICE TO RESPONDENTSREQUEST FOR PROPOSALS

# 00135

The San Antonio River Authority (SARA) intends to purchase and invites you to submit a sealed response for:


Sealed responses addressed to the Purchasing Agent will be received until November 9, 2018 at 2:00 PM, at 100 East Guenther St, San Antonio, Texas 78204. All Responses must be in SARA’s possession on or before the scheduled date and time (no late response will be considered). SARA Purchasing is not open for weekend or holiday deliveries.

The response documents can be obtained at sara-tx.org under About SARA then Contracting Opportunities or by contacting the Purchasing Agent, 100 E. Guenther, San Antonio Texas 78204 or by calling Purchasing at (210) 302-3603.

Be advised that your company may download the documents from SARA’s web page at www.sara-tx.org/contracting-opportunites or can register as a vendor through Texas Purchasing Group at www.bidnetdirect.com to review the documents. Any changes/additions via addendum can be accessed by your company at either site. Vendor registration instructions can be found at www.sara-tx.org . Any questions in reference to this response should be directed to the Purchasing Agent.

The contract will be awarded to the respondent(s) who provides goods or services at the best value for SARA. SARA shall evaluate the responses on the basis of all factors that have bearing on price and performance of the items. SARA reserves the right to refuse and reject any or all responses, waive any or all formalities or technicalities, accept the response or portions of the response determined to be the best value and most advantageous to SARA, and hold the responses for a period of 120 days without taking action. Respondents are required to hold their responses firm for the same period of time.

Hand-delivered & Courier Submissions:Purchasing Agent

100 East Guenther St., San Antonio, Texas 78204

LABELING INSTRUCTIONS: Envelopes must be clearly marked:

SAN ANTONIO RIVER AUTHORITYREQUEST FOR PROPOSALS


# 00135

RFP # 00135 Page

http://www.nbutexas.com/

http://www.bidnetdirect.com/

http://www.sara-tx.org/contracting-opportunites


PART I -REQUIREMENTS FOR RESPONSES

1. INTRODUCTION

In accordance with the provisions of San Antonio River Authority (SARA) Enabling Statute (Chapter 276, Page 556, Acts of the 45th Legislature, 1937, and subsequent amendments), policies and procedures, SARA is requesting submissions to contract with an individual(s) or business(es) with considerable experience in providing goods or services of this solicitation. The responses and the cost solutions shall be submitted to SARA in a sealed submission.

The awarded individual(s) or business(es) shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual(s) or business(es) shall have the ability to accomplish all aspects of the requested services. The awarded individual(s) or business(es) should be able to provide innovative methods to deal with challenges, and cost effective solutions.

A firm may submit a solicitation response for one or more of the categories of product or services requested in this solicitation.

2. BACKGROUND

The State of Texas has empowered SARA to preserve, protect and manage the resources and environment of the San Antonio River Watershed. The San Antonio River flows from its headwaters in highly urbanized San Antonio, Texas (7th largest city in the nation) through a largely agrarian area to its confluence with the Guadalupe River where its freshwater inflows into San Antonio Bay support a thriving ecosystem including endangered species (Whooping Crane). SARA continues to develop the technical and professional expertise needed to fulfill its service mission while promoting a holistic approach to develop and implement projects on a watershed basis. SARA is committed to innovative, collaborative, adaptive and strategic actions that address watershed issues and priorities and as such, the agency has formalized partnerships at the federal, state and local levels and regularly works with community and stakeholder groups to successfully accomplish projects throughout the San Antonio River Watershed. By working collaboratively, SARA is able to sustain and enrich the watershed’s ecosystem and the lives of the people in and the economies of the communities we serve.

SARA’s Vision: Inspiring Actions for Health Creeks and RiversSARA’s Mission: Committed to Safe, Clean, Enjoyable Creeks and RiversSARA’s Core Values: Stewardship, Integrity and Excellence.

3. COMMODITY OR SERVICE DESCRIPTION

SARA is seeking a term contract for the supply of Design, Installation & Management of Software Defined Wide area Network (SD-WAN) to be purchased as needed over the contract term.

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The goods and/or services shall be accomplished per the solicitation documents and all exhibits and Attachments identified in the table of contents.

4. MINIMUM QUALIFICATIONS

The following minimum requirements must be demonstrated in order for the submission to be considered responsive to SARA. Any submission received, which is determined to not meet these mandatory requirements may be immediately disqualified and rejected as non-responsive.

Three (3) years’ experience providing similar products or services.

Three (3) references from entities for which the Respondent provided the products or services requested. SARA cannot be used as a reference.

The responding individual or business must be registered in the State of Texas, or the County of Bexar, to provide the products or services required in the solicitation, and the individual or business must have all licensure required by the State to provide any services required under this contact.

To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the Secretary of State visit Webpage: http://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email [email protected].

Authorized manufacturer or distributor authorized by the manufacturer to sell, install and support the products proposed. Attach documentation such as a letter from the manufacturer. ( Sample letter provided in Exhibit2)

Proposed solution must be cloud-based interface that is easy to configure and manage, includes real time traffic monitoring and alerting.

Submittal documents including a cover sheet, Executive Summary, Authorized Distributor/Installer letter, Product Literature, SLA, Visio Diagram, Timeline, List of Point of Contacts, Attachments A -G and Exhibit 1, per the method described in Error: Reference source not found.

5. SCHEDULE OF EVENTS

Following is a list of projected dates with respect to this RFP

Issue Solicitation: 10/11/2018Pre-submittal conference 10/24/2018 at 1:30 PM CSTDeadline for Submission of Questions: 10/29/2018 at 8:00 AM CSTDeadline for Submission of Responses: 11/9/2018 at 2:00 PM CSTEvaluate and rank initial results: 11/30/2018Completion of Negotiations: 12/15/2018Official Award: 12/19/2018

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SARA reserves the right to change the dates indicated above.

6. PRE-SUBMITTAL CONFERENCE

A Pre-Submittal conference will be held at the San Antonio River Authority Main Office at 100 E. Gunther, Medina Room, San Antonio TX, 78204, at 1:30 PM Central Standard Time, on Wednesday, October 24, 2018. Respondents are encouraged to prepare and submit their questions in writing in advance, in order to expedite the proceedings. SARA’s responses to questions received in advance, may be distributed at the Pre-Submittal Conference and posted with this solicitation. Attendance at the Pre-Submittal Conference is optional, but highly recommended.

This meeting place is accessible to disabled persons. The San Antonio River Authority Main Office Building is wheelchair accessible. The accessible entrance is located at 100 E. Guenther. Accessible parking spaces are located in the San Antonio River Authority Main Office Building main parking lot at 100 E. Guenther.

Any oral responses provided by SARA staff at the Pre-Submittal Conference are not confirmed until they are in writing and posted with this solicitation. Only written responses shall be official and all other forms of communication with any officer, employee or agent of SARA shall not be binding on SARA. Respondents are encouraged to resubmit their questions in writing, to SARA Staff person identified in the Restrictions on Communication section, after the conclusion of the Pre-Submittal Conference.

7. CONTRACT TERM

SARA is requesting pricing for a 12 month, 24 month and 36 month contract, and will select the term that provides the best value to the Agency.

SARA may terminate a contract at any time if funds are restricted, withdrawn, not approved or service is unsatisfactory.

8. PRICING

Unit Pricing in Exhibit 1 shall include all fees and costs to provide the goods and services to SARA. Unit pricing for goods shall include delivery costs, F.O.B. Destination

Firm PricePricing and discounts submitted are firm for the contract period. Price decreases are allowed at any time.

Price Decreases/Discount IncreasesRespondents are required to immediately implement any price decrease or discount increase that may become available. SARA must be notified in writing for updating the contract.

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9. COOPERATIVE PURCHASING/PIGGY BACK OPTION

The contract resulting from this solicitation will be available for use by all governmental entities, providing there is no conflict with any applicable statutes, rules, policies, or procedures. The governmental entities will have the option to use the pricing as agreed to within the resulting contract. Governmental entities will issue their internal purchase orders directly to the contractor(s).

10. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted at sara-tx.org under About SARA then Contracting Opportunities and on the Texas Purchasing Group website at www.bidnetdirect.com/texas. Any Respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Purchasing Agent. At the request of the Respondent, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Agent. Such addendum will be attached to the original RFP at sara-tx.org under About SARA then Contracting Opportunities and in the Texas Purchasing Group file and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the Respondent(s)’s responsibility to ensure that they have received all Addenda in respect to this RFP. Furthermore, Respondents are advised that they must recognize, comply with each Addendum. Respondent(s)’s signature on Addenda shall be interpreted as the Respondent’s recognition and compliance to official changes as outlined by SARA and as such are made part of the original RFP documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at sara-tx.org under About SARA then Contracting Opportunities and at Texas Purchasing Group website at www.bidnetdirect.com. No verbal explanations or interpretations will be binding. SARA does not assume responsibility for the receipt of any addendum sent to Respondents.

11. SUBMITTAL INSTRUCTIONS

Proposals must be received, in a sealed envelope, at the San Antonio River Authority Main Office no later than published date and time on the cover sheet at the address below. Proposals sent by facsimile or email will not be accepted. Any proposal or modification received after this time shall not be considered, and will be returned, unopened to the Respondent. Respondents should strive for early submission to avoid the possibility of rejection for late arrival.

Address: San Antonio River AuthorityAttn: Purchasing Solicitation # 00135100 E. GuentherSan Antonio, Texas 78204

Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date and time noted herein. SARA is not responsible for missing, lost

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or late mail or any mail delays, internal or external, that may result in the submission arriving after the set time.

All submissions shall be opened in a manner that avoids disclosure of the contents to competing respondents and keeps the responses secret during negotiations. A public opening will not be conducted with this process.

12. SUBMISSION FORMAT

Each proposal shall be typewritten, single spaced and submitted on 8 ½” x 11” white paper. Font size shall be no less than 12-point type and be in full color. All pages shall be numbered and should be printed two-sided. Margins shall be no less than 1” around the perimeter of each page. Proposals shall be no longer than 80 pages. Websites or URLs shall not be submitted in lieu of the printed proposal or electronic submission.

Each proposal must include the sections and attachments in the sequence listed below, and each section and attachment must be indexed and divided by tabs and indexed in a Table of Contents page. If Respondent is proposing as a team, provide the same information for each member of the team. The electronic proposal should be submitted in Adobe PDF and excel, with each separate section attached as a separate file.

Submission shall be in the following order:

A. COVER SHEET: including solicitation number and name, firm name, address, contact phone, fax, website, email address and description of the solution.

B. EXECUTIVE SUMMARY: The summary shall be no more than two (2) pages and include a statement of the work to be accomplished, how consultant proposes to accomplish and perform each specific service and unique problems perceived by consultant and their solutions.

C. PRICING SHEET- EXHIBIT 1

D. SOLICITATION PACKET ATTACHMENTS:

Attachment A – Business QuestionnaireAttachment B – Exception FormAttachment C – ReferencesAttachment D – Small, Women, Hubzone, Disadvantage Business Form Attachment E – Public Information Act Form Attachment F -Conflict of Interest FormAttachment G – Acknowledgment

E. AUTHORIZED SELLER/INSTALLER LETTER – minimum qualification

F. PRODUCT LITERATURE – include proposed equipment specifications

G. SERVICE LEVEL AGREEMENT (SLA) – for review by SARA

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H. VISIO DETAILED DIAGRAM OF THE PROPOSED SOLUTION

I. TIMETABLE FOR IMPLEMENTATION

J. LIST OF POINT OF CONTACTS AND ROLES

K. EXPERIENCE AND RESOURCES

a. Background of CONSULTANT and support personnel, including professional qualifications and length of time working in CONSULTANT’s capacity. Include résumés of key personnel for services that CONSULTANT proposes to perform including relevant experience of CONSULTANT as it relates to the scope of services contemplated by the RFP.

b. Specific experience with public entity clients, especially large municipalities. If CONSULTANT has provided services for SARA in the past, identify the name of the project and the department for which CONSULTANT provided those services. If CONSULTANT is proposing as a team or joint venture, provide the same information for each member of the team or joint venture.

c. Other resources, including total number of employees, number and location of offices, legislative and administrative tracking services, number and types of equipment available to support this project.

d. If CONSULTANT has had experience in working as a member of a joint venture or team, describe that experience, including the type of project for which the joint venture or team was formed.

Failure to meet the above conditions may result in disqualification of the proposal or may negatively affect scoring

13. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of respondent, and be manually signed in the Acknowledgment, Attachment G. Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate by-laws and shall also list the state in which it is incorporated. A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondent shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each respondent, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the respondent.

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14. WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. Written notice of withdrawal shall be provided to the Purchasing Agent for proposals submitted in hard copy. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by SARA.

15. TIME ALLOWED FOR ACTION TAKEN

SARA may hold response responses 120 days after submittal deadline without taking action. Respondents are required to hold their Responses, including pricing, firm for same period of time.

16. ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. 17. INSPECTIONS & TESTING

SARA reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a responder cannot furnish a sample of a response item, where applicable, for review, or fails to satisfactorily show an ability to perform, SARA can reject the response as inadequate.

18. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this RFP shall be directed to the designated individuals as outlined herein. Such interpretations, which may affect the eventual outcome of this solicitation for Responses, shall be furnished in writing to all prospective respondents via Addendum. No interpretation shall be considered binding unless provided in writing by SARA in accordance with paragraph entitled “Addenda and Modifications”.

19. EVALUATION PROCEDURES

SARA’s selection committee will conduct a comprehensive, fair and impartial evaluation of all submittals received. Each submittal will be analyzed to determine overall responsiveness, qualifications and value to SARA. SARA Purchasing Department reserves the right to contact any responder, at any time, to clarify, verify or request information with regard to any response. The evaluation process consists of three steps:

Step 1: SARA will evaluate the submittal in accordance with the selection criteria and will rank the firms on the basis of the submittals. SARA reserves the right to consider information obtained in addition to the data submitted in the response. The selection criterion is listed below:

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a) Delivery/Project Schedule (FACTOR: 10%).

Ability to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. For supplies, the estimated delivery after receipt of order.

b) Compliance with specifications, quality, reliability, characteristics to meet stated or implied needs (FACTOR 20%)

Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services such as fitness for use that meets or exceeds Owner’s expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

c) Indicators of Probable Performance under contract (FACTOR: 10%).

Indicators of probable performance under the contract to include: past respondents performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the respondent’s ability to provide reliable maintenance agreements and support.

d) Price, Total Cost of Ownership (FACTOR: 50%).

The price of the items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions.

e) Small, Minority, Woman Owned and HUB (FACTOR: 5%).

Preference will be given to proposals that are otherwise equal to a certified Small, Minority, Woman-Owned or HUB Business Enterprise (SMWBE). When a proposal is received from a multi-party team, either with a prime respondent or a joint venture, SMWBE status will be based on the status of the prime members of the team.

f) Local Presence (FACTOR: 5%).

Preference will be given to proposals where the individuals and/or firms who are located within SARA’s jurisdictional boundary (Bexar, Wilson, Karnes and Goliad counties). Firms shall demonstrate their presence.

Step 2: After the final ranking of the submissions and determination of Firm(s) that provide a best value to SARA and are within the competitive range, provided SARA elects to proceed without oral discussions, SARA will immediately proceed to negotiate final pricing, terms and conditions with the highest ranked Firm or Firms. SARA may elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. If SARA elects to conduct interviews, respondents may be interviewed and re-scored based upon

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the same criteria. SARA may elect to utilize a Best and Final negotiation phase to determine the firm(s) that provide the overall best value.

Step 3: Upon selection of the submission or Best and Final Offer that represents the “best value”, a written recommendation will be presented to the appropriate approving authority for SARA (the General Manager or Board of Directors) requesting authorization to proceed with contract execution for the proposed goods/services.

20. RIGHT TO REJECT/ AWARD

SARA reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract(s) as may be deemed to be in the best interest and most advantageous to SARA, considering the relative importance and other evaluation factors specified herein.

21. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) SARA Board of Directors and SARA staff regarding the RFP or proposals from the time the RFP has been released until the contract is posted as a Board agenda item; and 2) SARA employees from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or proposal submitted by Respondent. Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with SARA employees include:

A. Respondents may ask verbal questions concerning this RFP at the Pre-Submittal Conference (if applicable) or submit clarification requests pursuant to Section entitled: CLARIFICATION OF REQUIREMENTS AND QUESTIONS

B. Respondents may provide responses to questions asked of them by the Purchasing Agent after proposals are received and opened. The Purchasing Agent may request clarification to assist in evaluating Respondent’s Response. The information provided is not intended to change the Response in any fashion. Such additional information must be provided within two (2) business days from SARA’s request. Respondents may also respond to requests by the Purchasing Agent for best and final offers, which do allow Respondents to change their Response. Requests for best and final offers will be clearly designated as such.

Respondents shall direct all inquiries and communications concerning this solicitation to the Point of Contact(s) listed below:

Karen E. Smith, A.P.PInterim Purchasing Agent(210) 302-3603ksmith@ sara-tx.org

RFP # 00135

mailto:[email protected]


22. INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this RFP does not commit SARA, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this RFP shall be borne by the respondent.

23. ANTI-LOBBYING PROVISION

During the period between RFP submission date and the contract award, Respondents, including their agents and representatives, shall not directly discuss or promote their response with any member of the Board of Directors or SARA staff except in the course of SARA-sponsored inquiries, briefings, interviews, or presentations. Violation of this provision may result in the rejection of the respondent's response and disqualification from future consideration of a similar RFP.

24. CONFIDENTIAL INFORMATION & SECURITY

Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained. SARA cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the responder may not be confidential under Texas Law, or pursuant to a Court order. See Attachment E.

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of SARA, and any applicable federal laws and regulations relating to confidentiality.

25. PRODUCT LITERATURE

Complete descriptive literature for each proposed item.

26. SERVICE LEVEL AGREEMENT (SLA)

Include a copy of the SLA required by your firm. The SLA should be provided electronically in word format as well as hard copy.

27. VISIO DETAILED DIAGRAM OF THE PROPOSED SOLUTION

Include a detailed Visio diagram. The diagram should be provided electronically as well as hard copy.

28. TIMETABLE FOR IMPLEMENTATION

Include a detailed timeline for implementation with specific milestones for completion of major tasks. Provide the number of calendar days to complete the project from issuance of the notice to proceed to project completion.

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29. LIST OF POINT OF CONTACTS (POC)

Provide a list of point of contacts that will be assigned to SARA and their role.

30. BUSINESS OVERVIEW

Respondent shall complete the Business Overview Questionnaire as applicable per Attachment A.

31. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your response complies with all requirements/specifications noted. Any variation from the solicitation requirements/ specifications must be clearly indicated in Attachment B, on a point-by-point basis, attached to and made a part of your response. If no exceptions are noted, and you are the successful respondent, SARA will require that the good/service(s) be provided as specified.

Respondents shall itemize all exceptions on Attachment B. Additional pages may be added as necessary. Do not mark or change the text of the solicitation document, exceptions shall be noted only on Attachment B.

32. CONFLICT OF INTEREST – ATTACHMENT F

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with SARA no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain the Questionnaire CIQ, go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS C MISDEMEANOR.

33. ACKNOWLEDGEMENT - ATTACHMENT G

Submit a signed acknowledgement by authorized agent of the responding firm (Attachment G).

34. CONTRACT

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The successful respondent will be required to execute a contract using SARA’s standard terms and conditions. A copy is available upon request.

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PART II –STATEMENT OF WORK

1. INTRODUCTION

The San Antonio River Authority (SARA) desires to hire a Service Provider to design, install and manage a Software Defined Wide Area Network (“SD-WAN”) network and related services

2. OBJECTIVE

The objective of this RFP is to procure a SD-WAN Service Provider (SDW-SP) that meets our requirements and objectives of providing reliable, fast, resilient network services to our employees at SARA locations. These services will help us achieve organizational objectives, provide sustainable and predictable bandwidth and reliability.

3. OVERVIEW

The existing SARA MPLS network has been in place for more than five years. With the adoption of several new on-premise applications and other “cloud-based services” network speed and accessibility has become a challenge. After reviewing many options, SARA is soliciting proposals to implement a hybrid SD-WAN technology as a service. The new SD-WAN network should be able to utilize virtually any type of connectivity in use today that supports an Ethernet hand off, to include but not limited to, MPLS, Direct Internet Access (“DIA”), Broadband, Cable, and Direct Point to Point (“P2P”). The SD-WAN network managed services solution should allow resiliency and remote accessibility of system information. The SD-WAN will be the main system used to connect to SARA’s existing services provided through our datacenter. Some of our sites will have MPLS circuits, others will have a DIA, few of them will have a P2P connection and also there could be a mix of this types of connections. The SD-WAN will orchestrate and maximize the applications performance using all of the available connections on each site to provide a proper access to our datacenter and in some instances to connect directly and secured to certain cloud services. The SDW-SP also will provide a way to secure SARA’s perimeter internet connectivity.

4. OWNER PROVIDED COMPONENTS

a) Drawings of the current telecommunication infrastructure.b) Internet and MPLS circuitsc) Cabinet space and UPS protected power for the operation of the hardware.

5. DELIVERABLES AT PROJECT COMPLETION

a) Complete homogenous network using a hybrid SD-Wan technology with leverage on SARA’s existing private and public connections.

b) Final Description of the Solutionc) Final Equipment Specifications

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d) Final Include SLAe) Final Electronic version of Visio Detailed Diagram

6. SCOPE OF WORK

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a) The SDW-SP will be responsible for configuration of policies and the implementation of required hardware to effectively manage the provided internet connections, orchestrate multiple types of networks into one efficient homogenous network.

b) The SDW-SP will appoint a Project Manager that will be the single point of contact throughout the installation, configuration, cut-over and testing. This Project Manager will do all scheduling in coordination with San Antonio River Authority IT personnel.

c) The network shall be “smart” enough to allow certain types of internet bound traffic to go straight out to the internet to certain “cloud-based services” while securely allow tunneled connections to our datacenter where they will get other internal services or be routed to the internet. The list of sites with direct access to cloud services will be provided appropriately when the selection process is completed.

d) The SDW-SP will allow the management of this services and access to statistic information through a “cloud” portal.

e) The SDW-SP shall supply all necessary materials, installation, configuration, testing, documentation and support for utilizing third party supplied connectivity to the Internet and MPLS circuits. The SDW-SP shall supply all incidental items normally required for the installation and operation of the system.

f) The SDW-SP will monitor each all the circuits connected to the provided SD-Wan (e.g. MPLS, DIA, Broadband, etc.) and will actively create any trouble tickets with the purveyors if necessary.

g) The SDW-SP will analyze the current network and configure the supplied SD-WAN components to work with our existing IP structure at each location as well as all routing required to allow each site to communicate with any other site.

h) The handoff at each location shall be a 10/100/1000 RJ-45 interface to allow connection to the local system.

i) The provided solution shall have this listed technology or its equivalent: automatic path selection; automatic failover and failback; monitor latency, jitter and packet loss and adjust to a preferred path; link bonding to use all available bandwidth; support 256 bit AES and IPsec encryption all links; include a full stateful packet inspection.

j) The SD-WAN solution shall have centralized policy definitions and integrated WAN Optimization configuration all managed in the “cloud”.

k) The SDW-SP shall provide visibility into network performance and dynamically learn about network changes and be deployed as a branch WAN router, will act as the gateway for the local subnet at each site.

l) The system shall maintain policies that will allow, in an event of disaster, network traffic to reroute to out DR site (Martinez II) and be able to route back to our Euclid datacenter when service at the Euclid datacenter resumes.

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m) Our main Datacenter will be the default gateway for internet connection for our entire organization, excluding certain types of request to some websites already mentioned earlier. For the purpose of the continuity of operations during an emergency the SDW-SP will configure and secure a proper way to move that gateway and allow access to internet from the DR site.

7. SECURITY

a) The SD Wan Devices will provide an application aware firewall with the ability to maintain centralized firewall policies.

b) Also the SDW-SP will provide a firewall solution that will replace our existing (2) Palo Alto 500 for our main datacenter. The firewall needs to be configured in HA mode. This solution needs to, preferable, be integrated to the SD Wan firewall solution and be managed as a whole.

c) The SDW-SP will make sure that all of our existing firewall policies and any particular configuration are migrated or replicated in this new set of firewalls.

d) Any branch office internet request needs to be routed through the datacenter, except for certain cloud services that will go out directly.

e) The SD Wan Devices and Main Firewalls will need to integrate with SARA’s SIEM system (AlienVault) and Albert SIEM provided by MS-ISAC.

f) The main firewall pair will need to forward their logs for analysis by Symantec’s NOC.

8. MODIFICATIONS OF SITES DURING CONTRACT PERIOD

SARA reserves the right to add or delete sites during the contract term. Any additions will be at the costs provided for similar sites in Exhibit 1.

9. PERFORMANCE MEASUREMENTS

The SLA should provide performance measures and reporting capabilities to measure performance.

10. SITE LIST

Please review the site list in Exhibit 2 for additional information regarding each location.

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PART III –TERMS AND CONDITIONS

1. DELIVERY OF GOODS

Delivery of materials shall be F.O.B. Destination, to a location outlined in the specifications, OR by mutual agreement between the parties OR unless stated otherwise to 100 East Guenther, San Antonio, Texas 78204. Any action necessary to expedite replacement of equipment or materials delivered in an unacceptable condition shall be the sole responsibility of the Responder.

The Responder expressly covenants and agrees that in undertaking to complete the scheduling of deliveries as set forth herein, they have taken into consideration and made allowances for ordinary delays and hindrances incident to such schedules, whether growing out of delays in securing materials or other factors.

Normal delivery hours are: 9:00 a.m. to 5:00 p.m. Monday through Friday, except holidays. Delivery to job sites should be prearranged with SARA 48 hours before delivery is made. Care should be taken to arrange deliveries at those times. The ability to accept deliveries other than those times is extremely limited and not assured.

SARA shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services that are tendered by vendor. SARA at its option may reject all or any portion of such goods or services which do not, in SARA’s sole discretion, comply in every respect with all terms and conditions of the contract. SARA may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If SARA elects to accept nonconforming goods and services, SARA, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate SARA for the nonconformity. Any acceptance by SARA, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.

When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the contractor/supplier, in addition to any other damages, direct or consequential, incurred by SARA as a result thereof. In addition, failure of the successful respondent to meet the contract delivery dates will be cause for removal of the from SARA’s list of eligible respondents.

The terms of delivery shall be agreed upon in the contract and the obligation of Supplier to meet the delivery dates, specifications and quantities set forth herein is of the essence of this order. Shipments in greater or lesser quantity than ordered or items delivered substantially in advance of scheduled dates may be returned at Supplier's expense, including transportation charges both ways, unless written authorization is issued by River Authority. The acceptance by River Authority of early or late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Supplier. Delivery shall not be considered complete until goods or materials have actually been delivered to and accepted by River Authority notwithstanding any agreement to pay freight or other transportation charges.

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2. INSURANCE

The successful respondent will be required to maintain, at all times during performance of the contract, the insurance detailed below:

Professional Liability $1,000,000/$3,000,000General Liability (Premises Operations)Workers Compensation

$500,000/$1,000,000WC StatutoryEmployers’ Liability - $500,000

Automotive Liability $500,000 Combined Single Limit

SARA shall be named as an additional insured and provide a Waiver of Subrogation in favor of SARA, its officials, agents, employees and volunteers.

3. PACKING AND SHIPPING

All goods and materials shall be properly packed, marked, loaded and shipped as required by this order and in a manner which prevents damage or deterioration in transit and ensures the safe arrival of goods and materials at the named destination and that permits the lowest transportation rates to apply. River Authority is not liable for extra charges for boxing, crating, packing, cartage, handling or anything else unless stated in this order. Supplier shall mark the River Authority purchase order number of this order, Supplier's name, packing slip number and other identification on all containers, invoices, correspondence, bills of lading and other shipping papers and enclose a packing slip with the order number in each container. Supplier shall mark all containers with necessary lifting, handling and shipping information.

4. REJECTION

All goods or materials purchased herein are subject to inspection at River Authority's destination either before or after payment and River Authority reserves the right to reject and refuse acceptance of goods or materials which are not in accordance with the instructions, specifications, drawings or data or Supplier's implied or express warranties. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of the contract, whether held by River Authority or returned shall entitle River Authority to full credit and shall be returned at Supplier's risk and expense including transportation charges both ways. No replacement of rejected goods or materials shall be made unless specified in writing by River Authority. Acceptance of all or part of the goods or materials shall not be deemed to be a waiver of River Authority's right to either cancel or to return all or any portion of the goods or materials because of failure to conform to the order or by reason of latent or patent defects, or other breach of warranty or to make a claim for damages incurred by River Authority. Such rights shall be in addition to any other remedies provided by law.

5. WARRANTY

Supplier warrants to River Authority that all services will be performed in a good and

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workmanlike manner and in accordance with industry standards, and in addition to any implied warranties, the Supplier warrants that all goods or materials covered by this purchase order will be merchantable, fit for the purpose intended, of the best quality and workmanship, free from defects and will conform to applicable specifications, drawings, samples and descriptions. River Authority shall upon inspection, and in addition to its other rights and remedies, have the right to reject any such goods or materials that are defective or otherwise not in conformity with this order or require re-performance of the services at Supplier's expense. Defects shall not be deemed waived by River Authority's failure to notify Supplier upon receipt of goods or materials or completion of services, or by payment of an invoice. If Supplier fails to correct defects in or replace nonconforming good or materials promptly, River Authority, after reasonable notice to Supplier, may make such corrections or replace such goods or materials and services and charge Supplier for the cost incurred by River Authority in doing so. Supplier recognizes that River Authority operational requirements may require immediate repairs or reworking of defective goods or materials or supply of conforming goods or materials, without notice to the Supplier. In such event, Supplier shall reimburse River Authority for the costs, delays or other damages which River Authority has incurred as a result of Supplier's failure to provide conforming goods or materials.

6. PAYMENTS

Subject to River Authority's approval, the invoice for services rendered shall be paid thirty (30) days from the receipt of invoice. Invoices for goods or materials shall be paid thirty (30) days from the Supplier invoice date following delivery and receipt of goods or materials. Supplier shall submit all invoices to the San Antonio River Authority, Accounts Payable, 100 E. Guenther, San Antonio, Texas 78204. Invoices must reference the River Authority Purchase Order (PO) Number, item number and description, sizes, quantities, and unit prices. Invoices which do not reference a River Authority PO Number will be returned unpaid. Payments of invoices shall not constitute acceptance of goods or materials and shall be subject to adjustment for shortages, defects, or other failure of Supplier to meet the requirements of the order.

7. TERMINATION FOR CONVENIENCE

River Authority reserves the right to terminate this order, or any part of it, for River Authority's sole convenience. In the event of such termination, Supplier shall immediately stop work as to the terminated portion of the order, notify all suppliers and sub-suppliers to stop work on contracts for performance hereunder and to protect and preserve property in its possession in which River Authority has or may acquire an interest. In order to entitle the Supplier to any termination payment, Supplier shall, within thirty (30) days after receipt of said notice to terminate, advise River Authority in writing whether any termination charges will be submitted in connection with the termination. Supplier shall be paid a reasonable termination charge consisting of a percentage of the order price reflecting the percentage of the work completed in compliance prior to the notice of termination, plus reasonable, actual direct costs for uncompleted work in progress. Supplier shall not be paid for any work done after receipt of the notice of termination, nor for any costs incurred by its suppliers or sub-suppliers which Supplier could reasonably have avoided. In no event shall the aggregate of all termination

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payments plus all other payments made for goods or items under this order exceed the total sum due under the order.

8. TERMINATION FOR CAUSE

If Supplier fails to make any delivery in accordance with the delivery schedule, fails to observe or comply with any other instruction, term, condition or warranty, defaults in its obligations applicable to this Purchase Order, fails to make progress so as to endanger timely performance, or a receiver or trustee is appointed or an assignment is made in favor of a creditor, River Authority may, in addition to any other right or remedy, terminate all or a portion of this Purchase Order by written notice to Supplier. In the event of termination for cause, River Authority shall not be liable to Supplier for any amount (except for products already received and accepted by River Authority as completed and in conformance), and River Authority may acquire, produce, or otherwise purchase supplies or services elsewhere on such terms or in such a manner as River Authority deems appropriate, and Supplier shall be liable to River Authority for any and all damages, expenses or costs incurred by River Authority. If it should be determined that River Authority has improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

9. ASSIGNMENT

This order and any payments to be made hereunder may not be assigned or transferred without the prior written approval of River Authority. No delegation of any obligation or of the performance of any obligation shall be made without the written permission of River Authority. Any attempted assignment or delegation shall be void and ineffective for all purposes unless made in conformity with this paragraph.

10. LIENS, CLAIMS & ENCUMBRANCES

Supplier warrants and represents that all goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind.

11. SALES TAX

As a political subdivision of the State of Texas, River Authority is exempt from State Sales Tax and certain Federal Excise Taxes.

12. TITLE

Title to all goods and materials ordered shall remain with the Supplier until delivered to River Authority at the destination specified on the face of the order. All risk of loss or of damages to the goods or materials shall be on Supplier until title to the goods or materials passes to River Authority. If goods or materials are rightfully rejected by River Authority, Supplier shall bear all risk of loss or damage until such goods or materials are re-delivered to River Authority.

13. PATENTS/COPYRIGHTS/TRADE SECRETS

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The Supplier warrants that the use or sale of the goods or materials delivered hereunder will not infringe any U.S. patent claim covering the goods or material itself. Supplier agrees upon receipt of notification by River Authority to promptly assume full responsibility for the defense of any suit or proceeding which may be brought against River Authority for alleged patent infringement resulting from similarity in design, trademark, or appearance or of the use or sale of the goods or materials furnished under this order. Supplier shall satisfy all demands that may be made at any time for such royalties and fees, and Supplier shall have full responsibility with respect to any claims for such fees, royalties, or related costs incident to the use of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others in performance of the services for River Authority, or incorporation of the completed invention, design, process, product, or device provided by Supplier into the work. Supplier further agrees to indemnify River Authority against any and all expenses, losses, royalties, profits, and damages including court costs and attorney's fees resulting from the bringing of such suit or proceedings including any settlement or decree of judgment entered therein.

14. FORCE MAJEURE

Neither River Authority nor Supplier shall be considered to be in default of this agreement if delays in or failure of performance shall be due to any cause beyond the reasonable control of the non-performing party. The term force majeure shall mean any event which results in the prevention or delay of performance by a party and any act of God including, but not limited to, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, strikes or other labor disturbances, and judicial restraint or inability to procure permits, licenses, or authorizations from any state, local, federal agency, or person for any of the supplies, materials, accesses, or services required to be provided by either River Authority or Supplier under this agreement. The party subject to the Force Majeure shall use its best efforts to eliminate and mitigate the consequences thereof. In the event Supplier is delayed in delivery or performance or River Authority is restricted in its ability to make use of the goods as originally contemplated by reason of a force majeure event and without fault of the party so affected, then River Authority may elect either to have the quantities so affected eliminated without liability or to extend the period of delivery of the quantities so affected by the period that the force majeure event effects persists. If an excusable delay exceeds a total period of thirty (30) days, River Authority may terminate this Purchase Order.

15. MATERIALS SAFETY DATA SHEETS (MSDS)

If an MSDS is required by law on one or more of the products being supplied, the Supplier must provide to River Authority, with the initial shipment of the product, and with the first shipment of the product after any changes in that product, an MSDS in accordance with OSHA Hazard Communication Standard 29 C.F.R. 1910.1200. The MSDS document must be sent in a weatherproof package if it is exposed to the elements. Failure to include the MSDS with the shipment of the item or items as indicated on the reverse side will cause the shipment to be received with an exception to the Purchase Order requirements and payment of the item or items requiring an MSDS will not be made until this requirement is met.

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16. WASTE HANDLING

Supplier is responsible for accidental spills, construction waste and debris, and/or any other waste generated on River Authority jobs. Immediately contact the River Authority, if any of these situations arise for more detailed information.

17. AUTHORIZED DISTRIBUTOR

The Supplier must be an authorized distributor for the manufacturer of the goods or materials furnished to River Authority under this Purchase Order and guarantees that the manufacturer will warrant the product working through him as the Supplier.

18. INDEMNIFICATION

SUPPLIER COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, RIVER AUTHORITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF RIVER AUTHORITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, PERSONAL OR BODILY INJURY, DEATH AND PROPERTY DAMAGE, MADE UPON RIVER AUTHORITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO SUPPLIER’S ACTIVITIES UNDER THIS CONTRACT AND/OR PURCHASE ORDER, INCLUDING ANY ACTS OR OMISSIONS OR NEGLIGENCE OF SUPPLIER, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT OR SUBCONTRACTOR OF SUPPLIER, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS CONTRACT AND/OR PURCHASE ORDER, ALL WITHOUT HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO RIVER AUTHORITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS ARISE IN ANY PART FROM THE NEGLIGENCE OF RIVER AUTHORITY, THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF RIVER AUTHORITY, UNDER THIS AGREEMENT THE PROVISIONS OF THIS INDEMNITY ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

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SUPPLIER SHALL ADVISE SARA IN WRITING WITHIN 24 HOURS OF ANY CLAIM OR DEMAND AGAINST RIVER AUTHORITY OR SUPPLIER KNOWN TO SUPPLIER RELATED TO OR ARISING OUT OF SUPPLIER’S ACTIVITIES UNDER THIS CONTRACT AND/OR PURCHASE ORDER AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT SUPPLIER’S COST. RIVER AUTHORITY SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING SUPPLIER OF ANY OF ITS OBLIGATIONS UNDER THIS SECTION. IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION, IS AN INDEMNITY EXTENDED BY SUPPLIER TO INDEMNIFY, PROTECT AND HOLD HARMLESS, RIVER AUTHORITY, FROM THE CONSEQUENCES OF RIVER AUTHORITY’S OWN NEGLIGENCE. SUPPLIER FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND OWN BEHALF OF AND IN THE NAME OF RIVER AUTHORITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST RIVER AUTHORITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY, AS SET FORTH ABOVE.

19. LIMITATION OF LIABILITY

In no event shall River Authority be liable for anticipated profits or for any incidental, consequential or punitive damages. River Authority's liability on any claim of any kind for any loss or damage arising out of or connected with or resulting from this Order or from the breach thereof, shall in no case exceed the price allocable to the goods or materials or services or unit thereof which gives rise to the claim.

20. RIGHT TO AUDIT

River Authority, or its designated agent, shall have the right to audit, at any time, the Contract related records and associated documents of the Supplier and Subcontractor. Such right to audit shall be for the determination of the accuracy and validity of the Supplier’s and Subcontractor’s billings to River Authority and for verifying compliance with other terms and conditions of the Contract. Supplier and Subcontractor shall maintain all records required to be kept by law, rule or regulation, or records required to document performance of the services specified in the Contract Documents. The records shall be maintained for the period required by law, for a reasonable period in the absence of applicable law, or for two (2) years after completion of all services, whichever is greater. Supplier shall provide to River Authority copies of such records as provided in the Contract Documents or as reasonably requested by River Authority after performance of the services.

21. INDEPENDENT CONTRACTOR

This solicitation or any subsequent contract executed to a respondent(s) is not intended to and does not create or establish between the parties any relationship as partners, joint

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venturers, employer and employee, master and servant or principal and agent. Supplier is an independent Supplier and shall not be deemed to be, an agent of River Authority and as such, shall be free from the control of River Authority as to the manner in which it shall perform its obligations, or cause same to be performed, under this Order. Provider shall pay all wages, salaries and other amounts due its employees in connection with this Order and shall be responsible for all reports and obligations respecting them, such as Social Security, Income Tax Withholding, Unemployment Compensation, Workers' Compensation and similar matters.

22. CHANGES

River Authority may at any time by written order make changes in the services, goods or materials ordered including changes in drawings and specifications or require additional work or materials. If such changes cause an increase or decrease in work costs or in the time required for Suppliers performance, an equitable adjustment shall be made, and this order shall be modified in writing.

23. GOVERNING LAW

THE AWARDED CONTRACT WILL BE PERFORMABLE IN SAN ANTONIO, BEXAR COUNTY, TEXAS AND IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS.

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PART IV - ATTACHMENTS

All Attachments and Exhibits are to be returned with Proposal

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ATTACHMENT A-BUSINESS QUESTIONNAIRE

Provide the following information regarding the Responders.

(NOTE: Co-Responders are two or more entities proposing as a team or joint venture with each signing the contract, if awarded. Sub-contractors are not Co-Responders and should not be identified here. If this proposal includes Co-Responders, provide the required information in this Item #1 for each Co-Responders by copying and inserting an additional block(s) before Item #2.)

1. Contract Information (for formal contracting purposes):

The following information will be used to write a contract, should your firm be selected for award.

1. Firm’s Legal Name:

2. Principal Address:

3. Telephone No.

4. Fax No:

5. Agent Authorized to sign contract (Name):

6. Authorized Agent’s Job Title

7. Authorized Agent’s email address:

2. Provide any other names under which responders have operated within the last 10 years and length of time for each

3. Website address:

4. Organization Class (check ):

Individual or Sole Proprietorship, if checked, list Assumed Name, if any:___________________________________________________________

Partnership Corporation, if checked check one:

For-Profit Nonprofit Domestic Foreign

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5. Federal Employer Identification Number:

6. Texas Comptroller’s Taxpayer Number, if applicable (NOTE: This 11-digit number is sometimes referred to as the Comptroller’s TIN or TID.)

7. DUNS Number:

8. Date Established:

Number of years in business under present name:

9. Provide address of office from which this project would be managed:

Principal Address:

Telephone No.

Fax No:

Total Number of Employees:

Total Number of Current Clients/Customers:

10. Contact Information: List the one person who SARA may contact contract concerning your proposal:

Name

Title

Address:

Telephone No:

Fax No:

Email address:

11. Does your firm anticipate any mergers, transfers or organization ownership or management reorganization within the next twelve (12) months?

No Yes

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12. Is firm authorized and/or licenses to do business in Texas?

No Yes, If yes, list authorizations/licenses:

13. Does the firm have an office located in Bexar County?

No Yes, If yes, respond to “a” and “b” below:

a. How long has the respondent conducted business from it’s Bexar County Office?

b. State the number of full-time employees at the Bexar County office:

14. Has the firm or any of its principals been debarred or suspending from contracting with any public entity?

No Yes, If yes, identify the public entity, contact name and phone number of

representative familiar with the debarment or suspension, and state the reason for or the circumstances surrounding the debarment or suspension, including but not limited to the period of time for such debarment or suspension:

15. Has the firm ever had a bond or surety canceled or forfeited?

No Yes, If yes, state name of bonding company, date, amount of bond, and reason

for cancellation or forfeiture:

16. Has the firm ever been declared bankrupt or filed for protection from creditors under state of federal proceedings:

No Yes, If yes, state the date, court jurisdiction, cause number, amount of liabilities

and amount of assets:

17. Has the firm ever received ever received any disciplinary action, or any pending disciplinary action, from any regulatory bodies or professional organizations? If “Yes”, state the name of the regulatory body or professional organization, date and reason for disciplinary or impending disciplinary action:

18. Has the firm ever failed to complete any contract awarded?

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No Yes, If yes, state name of the organization contracted with, services/goods

contracted, date, contract amount and reason for failing to complete the contract:

19. Has any officer or partner proposed for this project/contract ever failed to complete a contract handled in her or her own name:

No Yes, If yes, state name of the organization contracted with, services/goods

contracted, date, contract amount and reason for failing to complete the contract:

20. Litigation Disclosure:a. Has the project manager or any member of the firm’s team to be assigned to this

engagement ever been indicted or convicted of a felony of misdemeanor greater than Class C in the last five (5) years?

No Yes

b. Has the project manager or any member of the firm’s team been terminated (for cause or otherwise) from any work being performed by SARA or any other federal, state, or local government, or private entity?

No Yes

c. Has the project manager or any member of the firm’s team been involved in any claim or litigation with SARA or any other federal, state or local government, or private entity during the last ten (10) years?

No Yes

21. Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 “General Industry Standards” and/or 29 CFR 1926 “General Construction Standards” as they apply to your Company’s customary activities?

http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926

22. Resident/Non-Resident Bidder Determination:Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits governmental agencies from awarding certain contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders’ state. In order to make this determination, please provide the name, address and phone number of:

a. Responding firms principle place of business:

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b. Company’s majority owner principle place of business:

c. Ultimate Parent Company’s principle place of business:

23. Provide details to support the evaluation criteria, including experience and delivery.

24. Provide details on how firm meets the minimum qualifications stated in Part 1, Section 4.

a. The details must be completed on this form, and shall not point to another document in the respondent’s proposal.

b. Sign below and return form with final submission.

I certify that our firm meets the minimum qualifications as stated in Part 1, Section 4.

_______________________ _____________________ _____________________Signature Company Date

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ATTACHMENT A-SUPPLEMENTAL QUESTIONNAIRE

A. Architecture

1. What is the architecture of your proposed solution?

2. What are the key factors that differentiate your solution from others in the market?

3. Within your architecture, what are the options for where key functionality such as orchestration, control, optimization and security are located; i.e., at the customer’s premise, as part of a cloud service, in a data center, in a co-location facility?

4. What L4 – L7 functionality is part of your solution?

5. How does your architecture support any-to-any communications?

6. What assumptions, if any, does you solution make about the routing that is in place between a branch facility and a data center?

7. How does your solution interact with existing routing protocols?

8. Describe your solution’s edge device. Are both virtual and physical form factors available? If a virtual form factor is available, what hardware does it run on?

9. If your solution monitors the quality of Internet links, how is that done; i.e., how often is the data gathered? Where is it gathered? What network characteristics are measured? What actions are taken based on this data?

10. How does your solution ensure performance and quality of service for cloud services and applications delivered to the branch office?

11. How does your solution enforce business policies for cloud services and applications delivered to the branch office?

12. Does your solution support the aggregation of multiple WAN links?

13. Is your system able to consume and manage P2P connections?

14. How does your solution provide private-line-like performance over the public Internet? If so, how is this done?

15. Which applications can your solution identify? Where and how is this application recognition performed? What actions are taken based on this data?

16. Which components of your solution do you provide yourself and which components do partners provide?

17. If the solution you are proposing includes components from partners, is there a single point of accountability and support model for the solution?

18. What testing has been done on the solution you are proposing? Is it possible to get access to those test results?

19. Discuss the scalability of your solution. For example, is there is limit to how small or how large a network your solution will support? As a company implements your solution in a growing number of sites, are

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there trigger points (i.e., number of sites, number of users) that would require having to add additional capability?

20. Is your orchestration multi-tenant and roles based? Is your control plane multi-tenant?

21. What is your company’s roadmap for how your SD-WAN solution will evolve over the next two years?

B. Pricing Models

22. Describe your pricing model. What are the CAPEX costs? The OPEX costs?

23. Create an example of how the cost of your solution increases as the network evolves over time; i.e., as the number of sites and/or the number of users increases and new applications are implemented.

C. Implementation

24. What professional services do you provide directly or through partners throughout the lifecycle of a project including analysis, design, implementation, and post- implementation support?

25. Your solution will be implemented as part of a larger branch office WAN; does your solution integrate seamlessly with the existing WAN? How is a gradual migration implemented from an existing WAN to an SD-WAN implementation?

26. How do you recommend, and what do you see as best practices, in terms of doing a Proof of Concept (PoC), a trial, an initial implementation and a broader, possibly complete implementation of your solution?

Components of a SD-WAN Value Proposition

D. Reduction in Cost

27. How does your solution’s architecture and functionality enable a company to reduce both CAPEX and OPEX?

28. Can your solution support multiple Internet links independent of how they are provided; e.g., DSL, cable, LTE?

29. If your solution dynamically load balances traffic over multiple links, how is the decision made relative to what traffic transits which link?

30. How is the decision made relative to the priority that traffic has on a given WAN link?

E. More effective and efficient access to cloud services

31. Describe how your solution’s architecture and functionality enable a company to effectively and efficiently access IaaS solutions? SaaS solutions? Other Internet sites? As part of your response, include a discussion of:

How does your solution improve the management of cloud applications and services accessed from a branch

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office?

How does your solution improve the security of cloud applications and services accessed from a branch office?

How does your solution improve the performance of cloud applications and services accessed from a branch office?

F. Increased Network Performance and Availability

32. What are the characteristics of your solution architecture that enable high availability? That enable scalability?

33. How are the components of your solution designed for high availability?

34. If one or more of the controllers that are part of your solution were to become un-available, how would that impact the overall functioning of the SD-WAN?

35. What happens to traffic if there is a link or node failure?

36. If there is a link or node failure, do existing calls need to be re-synched?

37. Are you able to act on behalf SARA on ticket submission and resolutions to help troubleshoot circuits of 3rd party carriers like ATT and Century Link?

G. Enhanced Management and Security

38. Describe the management functionality that you provide. Include in your description:

How your solution performs monitoring of network and application performance;

The level of visibility that your solution provides into network and application performance;

The level of visibility that your solution provides into the performance of applications and services acquired from a cloud provider;

The type and extent of analytics that is part of your solution.

39. Describe the capability of your solution to report on the quality of the end user’s experience potentially on a per-application basis.

40. Describe the ability of your solution to baseline applications and network and to identify anomalies that may be leading indicators of degradation.

41. Describe some of the key management reports your solution produces and include appropriate screen shots.

42. What functionality does your solution provide to enable a company to implement and support SLAs for varying types of applications?

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ATTACHMENT B-SUBMISSION EXCEPTIONS/CLARIFICATIONS

Any exceptions or clarifications taken to this solicitation must be itemized on the lines below. Additional pages may be added as needed. If there are no exceptions or clarifications, please sign where indicated at the bottom of the page.

Item # Description

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

The above exceptions and clarifications (and any additional pages identified) are the ONLY exceptions/clarifications to the specifications. I understand that SARA may not accept additional exceptions produced after final submission of this proposal.


No Exceptions are taken to this solicitation.


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ATTACHMENT C - REFERENCES

Provide three (3) references, that the Respondent has provided goods/services to within the past three (3) years. The contact person named should be familiar with the day-to-day management of the contract and be willing to respond to questions regarding the type, level, and quality of service provided.

REFERENCE ONE

Firm/Company Name:

Contract Person and Title

Address:

Telephone No:

Email:

Scope of Work:

Contract Period:

Annual dollar value of contract:

REFERENCE TWO

Firm/Company Name:


Address:

Telephone No:

Email:

Scope of Work:

Contract Period:


REFERENCE THREE

Firm/Company Name:


Address:

Telephone No:

Email:

Scope of Work:

Contract Period:


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ATTACHMENT D - SMALL, WOMEN HUBZONE, DISADVANTAGED BUSINESSES

Please complete the following information, if your business falls into any of the below categories, using the size regulations as set forth on the Small Business Association’s website, http://www.sba.gov/size/. Businesses must be at least 51% minority-owned, woman-owned, veteran owned, or service disabled veteran owned for designation to apply. Historically Underutilized Businesses or Disadvantaged Business Entities must be certified by state or regional agency for these designations to apply.

The River Authority encourages all businesses that fall into the categories listed below to become certified by the South Central Texas Regional Certification Agency. For more information, please contact 210-227-4722 or www.sctrca.org.

Firm Name:

Check all that Apply:

Small Business Entity Small Disadvantaged Business Entity

Minority Owned Business Entity Woman Owned Business Entity

Veteran Owned Business Entity HUBZone Business Entity

Service Disabled Veteran Owned Business Entity

Other _________________________

Is your firm certified by an Agency?

No Yes, if yes, name of agency(ies) certified by:

Check the answer that applies to your organization for the following statements:

The company and/or its principals are are not presently debarred, suspended, or determined to be ineligible for an award of a contract by a Federal Agency.

The company and/or its principals comply does not comply with the non-segregated facilities in accordance with FAR 52.222-21.

Under 15 U.S.C. 645(d), any person who misrepresents its size status shall (1) be punished by a fine, imprisonment, or both; (2) be subject to administrative remedies; and (3) be ineligible for participation in programs conducted under the authority of the Small Business Act. As prescribed in FAR 19.301(d), the U.S. Government may impose a penalty against a firm misrepresenting its business size and/or disadvantaged status for the purpose of obtaining a procurement award. The information contained herein is complete and accurate in all details to the best of my knowledge and belief.

__________________________ _________________ ____________ ______Signature of Authorized Official Printed Name Title Date

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1. The respondent represents that it ____ is, ______ is not a small business concern.

2. Complete only if respondent represents itself as a small business concern in question 1.) The respondent represents that it _______is, _______is not, as small disadvantaged business concern as defined in 13 CFR 124.1002.

3. (Complete only if respondent represents itself as a small disadvantaged business concern in question 2.) The respondent shall check the category in which its ownership falls:

Black American

Hispanic America

Native American (American Indians, Eskimo, Aleuts, or Native Hawaiians)

Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

4. The respondent represents that it ___is, ___ is not a women-owned small business concern.

5. The respondent represents that it ____ is, ____ is not a veteran-owned small business concern.

6. (Complete only if respondent represents itself as a veteran-owned business concern in question b.5.) The respondent represents that it ____ is, ____ is not a service-disabled veteran-owned small business concern.

7. The respondent represents that:

A. It ____ is, ____ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

B. It ____ is, ____ is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (b)(6)(i) of this provision is accurate of the HUBZone small business concern or concerns that are participating in the joint venture. Enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: ________________. Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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ATTACHMENT E -PUBLIC INFORMATION ACT

As a general rule, documents in the files of public entities like the San Antonio River Authority (SARA) are open for public review under the Texas Public Information Act (the “Act”) Texas Government Code Section 552. As a result of this law, a respondent’s submission is generally considered to be public information subject to disclosure. However, the Act provides several exceptions for disclosure.

In order for a governmental body to withhold requested information, specific tests or factors for the applicability of a claimed exception must be met. Failure to meet these tests may result in the release of requested information. The most commonly claimed exceptions in the Act concerning proprietary information are listed here. This listing is not intended to limit any exceptions or statutes a respondent may identify if information is requested.

Section 552.101: Information made Confidential by Law

Section 552.104: Confidentiality of Information Relating to Competition

Section 552.110: Confidentiality of Trade Secrets and Commercial or Financial Information

In the event that a respondent’s submission is requested under the Act, the respondent must provide SARA with the respondent’s preference regarding the release of the respondent’s submission by checking either “A” or “B” below. If the respondent objects to the release of information, SARA will request a ruling on this matter. It will be the respondent’s responsibility to assert to the Attorney General the proprietary nature of information and the respondent’s objection to the release.

A. [ ] I do not object to the release of my submission to a member of the public upon the receipt of a request for the submission made under the Public Information Act.

B. [ ] I object to the release of my submission to a member of the public made under the Public Information Act. I will assert an objection to the Attorney General if my submission is requested. I am enclosing the following:

1. One (1) USB drive that contains all information that respondent deems confidential and/or proprietary marked “confidential”;

2. One (1) USB drive that contains all information that respondent deems public marked “public”; and

3. A paper schedule documenting everything that respondent deems to be confidential and/or proprietary. Each page that respondent deems confidential must be stamped “confidential” in respondent’s submission.

SARA is not responsible for receipt of any Proposal that is not labeled, packaged or delivered properly. If a respondent does not include the materials requested in Item B. above, SARA will treat the respondent’s submission as a public record subject to production under the Act.

By execution of this Addendum, respondent warrants and represents that all information that it, in good faith and with legally sufficient justification, considers to be properly accepted from disclosure under the Act will be clearly labeled as confidential upon submission to SARA. Respondent’s signature further reflects that all documents submitted and not marked “confidential” shall be considered to be public information. By submitting a Proposal, respondent acknowledges and agrees that all information submitted by respondent in response to this RFP that is not clearly marked as “confidential” information is public information and may be fully

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disclosed by SARA without liability and without prior notice to or consent of respondent or any of its subcontractors or agents.

Respondent further understands and agrees that, upon SARA’s receipt of a request for respondent’s information, SARA will provide the requestor the information provided on respondent’s “Public Information” USB drive. If respondent fails to submit its confidential and/or proprietary information as described herein, SARA shall consider all of the information to be public, and it will be released without notification to respondent upon receipt of a request.

To the extent the public version of respondent’s Proposal contains protected materials, respondent acknowledges that such protected materials may be disclosed, publically displayed, published, reproduced and/or distributed by SARA pursuant to the Act, or as otherwise required by law. Respondent warrants and represents that it owns, or has obtained all necessary permissions with respect to the use of the protected materials and hereby grants SARA an irrevocable, perpetual, nonexclusive, royalty-free license to display, publish, reproduce, distribute or otherwise use the protected materials solely for the purpose of compliance with applicable laws. Respondent shall INDEMNIFY AND HOLD HARMLESS SARA, its trustees, officers, directors, employees, and contractors, as well as any trust managed by SARA, from and against any claim of infringement of the protected materials resulting from SARA’s use of the protected materials as set forth herein.

Upon receipt of a request, SARA will submit only the information contained on Respondent’s“Confidential and Proprietary” USB drive to the Texas Attorney General to issue a ruling on whether the information is accepted from public disclosure. In addition, SARA will provide a requestor with a copy of respondent’s “Public Information” USB drive upon request.

It is respondent’s sole obligation to advocate in good faith and with legally sufficient justification the confidential or proprietary nature of any information it provides to SARA. Respondent acknowledges and agrees that SARA shall have no obligation or duty to advocate the confidentiality of respondent’s material to the Texas Attorney General, to a court, or to any other person or entity. Respondent acknowledges and understands that the Texas Attorney General may nonetheless determine that all or part of the claimed confidential or proprietary information shall be publicly disclosed.

In addition, respondent specifically agrees that SARA may release respondent’s information, including alleged confidential or proprietary information, upon request from individual members for their own information, agencies or committees of the Texas Legislature where needed for legislative purposes, as provided for in the Act, or to any other person or entity as otherwise required by law.

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND THAT THE FACTS STATED THEREIN ARE TRUE. I affirm under penalty of perjury of the laws of the State of Texas that I am duly authorized to execute to sign this statement on behalf of my Company listed below.

By: _________________________________(Printed Name)____________________________________(Signature)

Title: ________________________________

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ATTACHMENT F- CONFLICT OF INTEREST QUESTIONNAIRECONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQFor vendor or other person doing business with local governmental entityThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.1 Name of vendor who has a business relationship with local governmental entity.

2 Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information in this section is being disclosed.

Name of Officer

This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more?

Yes No

D. Describe each employment or business and family relationship with the local government officer named in this section.

4I have no Conflict of Interest to disclose.

5

Signature of vendor doing business with the governmental entity Date

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ATTACHMENT G -ACKNOWLEDGMENT

The undersigned agrees this submission becomes the property of the San Antonio River Authority (SARA) after the official opening.

The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response.

The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted.

The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the SARA, and that the contents of this submission have not been communicated to any other respondent or to any employee of the SARA prior to the acceptance of this submission.

Respondent hereby assigns to SARA any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq ., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq .

The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package.

The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes.

The undersigned understands they will be responsible for monitoring the SARA Purchasing Website at: https://www.sara-tx.org/public-information/about-sara/contracting-opportunities/ to ensure they have downloaded and signed all addendum(s) required for submission with their response.

I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected.

In submitting a response to SARA, the responder offers and agrees that if the response is accepted, the responder will convey, sell, assign or transfer to SARA all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of TX for price fixing relating to the particular commodities or services purchased or acquired by SARA. At SARA’s discretion, such assignment shall be made and become effective at the time SARA tenders final payment to the responder.

Acknowledge receipt of following addenda to the solicitation:

Addendum No 1 Dated _______________________ Received _________________Addendum No 2 Dated _______________________ Received _________________Addendum No 3 Dated _______________________ Received _________________

NAME AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE:

___________________________________ Signature

___________________________________ Date

___________________________________ Name __________________________

___________________________________ Title ___________________________

Tel. No. ____________________________ Fax No. _______________________________________

Email. ____________________________

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https://www.sara-tx.org/public-information/about-sara/contracting-opportunities/%20%20