irving · irving l.s.d. -2018 projects cte additions and renovations @ irving high school,...

IRVING INDEPENDENT SCHOOL DISTRICT

~ IRVING Independent School District

RFQ #18-27-739

REQUEST FOR QUALIFICATIONS

FOR

CONSTRUCTION MANAGEMENT SERVICES (CONSTRUCTION MANAGER-AT-RISK METHOD)

(TWO-STEP SELECTION PROCESS)

IRVING l.S.D. - 2018 PROJECTS

CTE Additions and Renovations @ Irving High School, MacArthur High School and Nimitz High School: Classroom, Lab and new Gym Lobby addition to the southwest corner of Irving High School, Site & Utility Rework, Minor renovations to Competition Gym, New Parking Lot; two-story Classroom & Lab addition to the southwest corner of MacArthur High School, Site & Utility Rework, New Parking Lot; Interior Renovations to CTE area of Nimitz High School and new pre-manufactured walkway cover.

Irving ISO

By· ()/

-a~ r;1r------erome Pilgrim, Director of Purchasing

Irving Independent School District

IRVING, TEXAS

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You may hand deliver the RFQ response to the Purchasing Office at the following address:

Irving ISO Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas 75062

or have it delivered by a courier type service, such as FedEX or UPS, etc., with a recipient's signature and documented time of delivery.

Proposals submitted via the U. S. Postal Service are to be mailed to:

Irving ISO Purchasing Department

P.O. Box 152637 Irving, Texas 75050-2637

The U.S. Postal Service mail goes to our warehouse to be processed before delivery to the departments. NOTE: Delivery of Proposal envelope to other Departments within the Irving Independent School District is not considered as delivery to the Purchasing Department. You may mail the response in time, but it may not be received in the Purchasing Office in a timely fashion, and therefore will be rejected.

Submit response no later than 2:00 P.M. Central Standard Time on January 11, 2018.

Submittals through email should state RFQ #18-27-739 in the subject line. Responses should be in a sealed envelope, marked in the lower left hand corner with RFQ#, Company Name, time, and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the solicitation is due, the above referenced date should be changed to 10:00 A.M. the first date the district is open to conduct business)

All Required forms must be submitted.

2018 PROJECTS

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CONSTRUCTION MANAGER SELECTION SCHEDULE

Release RFQ I Run Ad I Public Notice Dec 14, 2017 and Dec 21, 2017

Jan 3, 2018 Pre-Proposal I Pre-Bid I Site Visit 10:00 A.M. - Irving

ISO Board Room

Deadline for Questions from Offerors Jan 5, 2018

1st Addendum issued with Responses to Offeror Questions Jan 9, 2018 (IF APPLICABLE)

Receive Statements of Qualifications (Step 1) Jan11,2018 by 2:00 P.M.

Period to Evaluate and Establish Shortlist and Ranking Jan 11, 2018 to Jan 16, 2018

Conduct Interviews (If needed) Jan 17, 2018 to Jan 18, 2018

Issue Step 2 Specifications to Selected Offerors Jan 19, 2018

Receive Step 2 Proposals with Fees and Prices/Bid Bonds from Jan 26, 2018 Short listed offerors by 2 P.M.

Evaluate and Rank Proposals Jan 26, 2018 to Jan 30, 2018

Conduct Contract Negotiations with highest Ranked Offeror Feb 1, 2018 to Feb 6, 2018

Determine Recommendation to Board of Trustees for Award Feb 7, 2018

Board of Trustees' Work Session February 20, 2018

Board of Trustees' Approval of Contracts and Fees for selected February 26, 2018 Construction Manager-at-Risk Offeror

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Pursuant to the applicable provisions of Subchapter F of Chapter 2269 of the Texas Government Code, it is the intention of the Irving Independent School District ("llSD" or the "District") to select via a two-step selection process a Construction Manager-at-Risk ("Construction Manager" or "CMAR") for renovations for one (1) project. The selected Construction Manager is to serve as the general contractor to assist the District and its Project Architect with design, cost estimating, value engineering , constructability reviews, and scheduling during the design and construction document phases, and to assume the risk for construction, rehabilitation , alteration, or repair of facilities at a Guaranteed Maximum Price ("GMP"). The site, scope, schedule, selection criteria with weighted value, estimated budget, time , and place for receipt of the Requested Qualifications are hereinafter described or are attached .

Qualification statements must include the information requested in the Questionnaire below in the sequence and format prescribed . In addition to and separate from the requested information, organizations submitting qualifications may provide supplementary materials further describing their capabilities, experience, and qualifications. Fees or prices must not be included in the Response to the Request for Qualifications ("Response" or "response" or "Statement of Qualifications" or "qualification statement"). If fees or prices are included in the Response, the Response will be considered as nonresponsive and will not be considered .

Offerers are also proposers under Section 2267.001 (9-c) of the Texas Government Code.

The offerers must state on the outside of the sealed envelope that the enclosed information is pertaining to "llSD/High Schools CTE Additions and Renovations. " Proposed project scope and schedule are contained within Attachment 3. The projects, estimated budgets, and applicable architects are as follows:

llSD Campus

Irving High School Addition MacArthur High School Addition Nimitz High School Renovation

Project Architects

Corgan Corgan Corgan

Estimated Construction Budget

$ 9,000,000.00 $ 8,500,000.00 $ 1,400,000.00

"Corgan" refers to Corgan Associates, Inc., a Texas for-profit corporation that is registered with the Texas Board of Architectural Examiners and will serve as the Project Arch itect.

Scope of Work/ Schedule

The project consists of removing the current fabric, pressure-inflated roof structure of the pool facility and replacing current roof structure with a permanent roof structure. Heating, ventilation, and air conditioning ("HVAC") systems will be installed and renovations to the pool area and equipment will be included . The work for this project will be bid in two separate packages. The bid package for the replacement of the roof structure wi ll be released for bidding in approximately September of 2018. The bid package for the remainder of the project will be released for bidding in November of 2018. Construction for both bid packages for the project will be from approximately August 1, 2018 to August 1, 2019.

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Prospective CMAR's must submit 3 copies of the qualification statements for each proposed bid package separately to be considered during the first step of the selection process ("Step 1 "). After publicly opening the qualification statements, and clarification of qualifications, if needed, with offerers, as requested , the District, with assistance of its Project Architect, will select not more than three offerors to submit additional information in proposals for the second step of the selection process ("Step 2"), including proposed fees and prices for fulfilling the general conditions of the contract for the project. Selected offerors ("short-listed offerers") will be notified by no later than January 16, 2018. The District may opt to notify the short-listed offerors via email correspondence. All short-listed offerers should provide up to 3 names with email addresses of individuals to be notified of their selection as offerers to proceed to the second step of the selection process.

Interviews may be conducted with the short-listed offerors prior to submission of the Step 2 Proposals. The interviews will be considered as a part of the Step 2 evaluation process. In accordance with the selection schedule, interviews (if required) will be conducted on or about January 17, 2018 and January 18, 2018. All short-listed offerors must be available for the interview process at a stipulated time on this day. District representatives, including the Project Architect, will participate in the interview process. The offeror should bring no more than 5 individuals to the interview, which must include the project manager and job superintendent that were identified in the qualification proposal submitted during Step 1 of the selection process.

Upon conclusion of the interviews and submission of the Step 2 Proposals, the offerers will be evaluated and ranked in accordance with the criteria contained in the RFQ, and determined to provide the best value for the District.

Queries about the Project and Request for Qualifications should be addressed in writing to: The Purchasing Department by January 5, 2018 You may e-mail this information to jpilgrim@lrvingisd .net. Requests for information/interpretation must be received on or before the date indicated above. Only questions answered by formal posted written addenda will be binding .

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IRVING ISO TERMS AND CONDITIONS

Any offeror that is awarded a contract to serve as the Construction Manager for any work done for this RFQ understands and agrees to be bound by the following terms and conditions which shall be and are hereby incorporated into any future contracts, agreements, or purchase orders relating to this RFQ between the offeror and the District. By submitting a response to this RFQ, each Offeror agrees to waive any claim it has or may have against the District arising out of or in connection with the administration, evaluation, or recommendation of any RFQ; waiver of any requirements under the RFQ Documents; acceptance or rejection of any responses; and award of Contracts, if any. The District may elect to issue subsequent proposals and approve additional offerors for the same or similar items/services during the agreement period if it is determined to be in the best interest of the District. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response, including a full explanation on the Deviation/Compliance Form (See Required Forms), or as a separate attachment in the Response.

Assignment The successful Offeror may not assign its rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

Indemnification The Irving ISO is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction.

Governing Laws and Venue This Agreement shall be governed by the laws of the State of Texas. Exclusive venue for all claims related to this Agreement shall lie in State of Texas District Courts in and for Dallas County, Texas.

Jurisdiction and Service of Process All parties to any contract or agreement resulting from the selection process for a construction manager-at-risk, or any contract or transaction resulting from said selection process, hereby submit to the exclusive personal and subject matter jurisdiction of the State of Texas District Courts in and for Dallas County, Texas. All such parties hereby waive any objection to the convenience of the forum in Dallas County, Texas and agree not to bring any claim resulting from said selection process or any said contract or transaction in any other court. All such parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary, and freely bargained for agreement between the parties to irrevocably waive any objections to venue in Dallas County, Texas or to the convenience of forum in Dallas County, Texas. Process for any claim referred to in this paragraph may be served on any party anywhere in the world.

Termination Irving ISO shall have the right to terminate for default all or part of a resulting contract if the offeror breaches any of the terms hereof or if the offeror becomes insolvent or files any petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Irving ISO may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance.

Irving ISO has the right to terminate a resulting contract for convenience, without penalty, for non-appropriation or non-availability of funds by delivery to the offeror of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective.

Irving ISO may terminate a resulting contract and debar the offeror from future "bidding" for violations of the federal requirements including, but not limited to, "Contract Work Hours and Safety Standards Act", "Equal Employment Opportunity Act", and "Energy Policy and Conservation Act".

Default and Termination The Offeror shall be considered in default of this RFQ, and such default shall be grounds for the District to terminate any resulting award for this RFQ and/or pursue any and all relief, at law or in equity, to which it may be entitled by reason of such default if Offeror fails to perform any of its obligations under this RFQ and fails to correct such non-performance within ten (10) calendar days of written notice from the District to do so. Should

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any termination of this RFQ award be held to be unenforceable or otherwise improper by a court of competent jurisdiction, then such termination shall be considered a termination for convenience as provided herein.

The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the District to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Trustees, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Dallas County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Trustees, signed by the Parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Funding Out Clause Pursuant to Texas Local Government Code Sec. 271.903, any Proposal/Offer accepted by Irving ISO and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel.

Ownership and Use of Documents All documents and materials particular to the Work prepared by Offerer or Subcontractors ("Work Material"), are the property of the District and for its exclusive use and re-use at any time without further compensation and without any restrictions.

Except for such Work Material which is intended to be made public as part of the Project, Offerer shall treat all such Work Material as confidential, and Offerer shall neither use any such Work Material or copies thereof on other work nor disclose such material or information to any other party without District's prior written approval.

Conflict of Interest. No employee of District shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

Subcontractor Contracts. The Offerer shall contract with each of its subcontractors, at a minimum, with these same Irving ISO terms and conditions.

Felony Conviction Notice: Offerer shall certify compliance with Sections 22.08341 and 44.034 of the Texas Education Code and Education Commissioner's rules regarding criminal history record review for all employees, applicants for employment, agents or subcontractors of the Offerer. Additionally, the Offerer must give advance notice to the District if such person, or an owner or operator of a business entity, has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate this Agreement if the District determines that an offerer failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. The requirement of advance notice does not apply to the owner of a publicly held corporation.

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QUESTIONNAIRE

Please provide the following information in the sequence and format prescribed by this questionnaire. Supplemental materials providing additional information may be attached, but the information requested below is to be provided in this format. This information is to be provided as a part of the Step 1 process.

1. Offeror Information: Full legal name of offerer: Address of principal office: Phone: Fax: Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other?): Year founded: Primary individual to contact: 1.1 Historically Underutilized Businesses are expressly encouraged to submit their Qualifications in

response to this RFQ.

2. Organization: 2.1 How many years has your organization been in business in construction in its current capacity? 2.2 How many years has your organization been in business under its present name? Under

what other names or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: Date of incorporation, State of

incorporation, President's name, Vice-President's name(s), Secretary's name, Treasurer's name. Is it a publicly held corporation?

2.4 If your organization is a partnership, answer the following: Date of organization, type of partnership (if applicable), names of general partner(s).

2.5 If your organization is individually owned, answer the following: Date of organization, name of owner.

2.6 If the form of your organization is other than those listed above, describe it and name the principals.

2. 7 Is your organization currently in good standing with the Texas Comptroller of Public Accounts and the Texas Secretary of State?

3. Licensing: 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do

business and indicate registration or license numbers, as applicable. 3.2 List jurisdictions in which your organization's partnership or trade name is filed, including all

partnersip and trade names used by your organization. 3.3 List Certification Agencies if you are a Certified Historically Underutilized Business.

4. Experience: 4.1 List the categories of work that your organization normally performs with its own forces. Would

you propose to do any work with your own forces or to bid all work to subcontractors? 4.2 List any subcontractors in which your organization has some ownership and list the categories

of work those subcontractors normally perform. 4.3 Claims and suits. (If the answer to any of the questions below is yes, please attach detailed

explanations.) 4.3.1 Has your organization ever failed to complete any work on a project that was awarded to your

organization and if so, was any attempt made to complete such an unfinished project with a performance or payment bond? (If the answer is yes, please attach details.)

4.3.2 Are there any judgments, claims, arbitration proceedings, or lawsuits pending or outstanding against your organization or its officers?

4.3.3 Has your organization filed any lawsuits or requested arbitration or mediation with regard to construction contracts within the last five years?

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4.4 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)

4.5 Current work: List the major construction projects that your organization has in progress, giving the name and location of the project, owner, architect, contract amount, percent complete, and scheduled completion date.

4.6 Work over last 5 years: List major projects (specifically educational facilities) constructed by your organization over the last 5 years. For each project, provide the name, nature of the project and function of the building, size (square feet "SF"), location, cost, completion date, owner, and architect, and the manner in which your organization was selected (procurement method).

4.7 Previous experience or interaction with Irving l.S.D.

5. Financial Information: 5.1 Attach a financial statement, preferably audited, including your organization 's latest balance

sheet and income statement showing the following items: • Current assets (e.g., cash , joint venture accounts, accounts receivable , notes receivable,

accrued income, deposits, materials inventory, and prepaid expenses). • Noncurrent assets (e.g., net fixed assets, other assets). • Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses,

provision for income taxes, advances, accrued salaries and accrued payroll taxes.) • Noncurrent liabilities (e.g., notes payable). • Capital accounts and retained earnings (e.g., capital, capital stock, authorized and

outstanding shares par value, earned surplus and retained earnings). 5.2 Name and address of firm preparing attached financial statement and date thereof. 5.3 Is the attached financial statement for the identical organization names under item 1 above? If

not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary, series LLC, etc.).

5.4 Will the organization whose financial statement is attached act as guarantor of the contract for construction?

5.5 Provide name(s), address( es), phone number(s) for bank reference(s).

5.6 Surety: Each offeror must provide the name of bonding company and name and address of the agent for that bonding company that the offeror intends to use for the District's projects. Payment and Performance bonds for 100% of the construction costs of the District's projects will be required with submission of the GMP for each project contract. A bid bond will be required at step 2 of the selection process, including the submission of fees, to ensure that payment and performance bonds will be furnished when the GMP is established for each project.

6. Experience with and concepts for working as a Construction Manager-at-Risk: 6.1 Describe your organization's concepts for working in a team relationship with the owners and

architects during the design and construction of major projects. Describe your organization 's ability to recommend alternative approaches and products during the design phase of the District's project(s) to assist the owner in maintaining the project budget. Describe your organization 's methods for estimating costs, and for scheduling during the design and documents phases of major projects. Which (one or more) of your projects listed above best exemplify these concepts and experience?

6.2 Cost Estimates: Attach a sample conceptual cost estimate prepared during the design phase of a project, and a sample of the final cost estimate and breakdown used to fix the contract amount for the construction of the same project. (The identity of the project may be concealed . The intent is to see the nature and format of the cost information provided.) In addition , provide examples of cost estimates at the following milestones, as well as final GMP of the project: Design development, 50% of construction documents ("CD") complete, 75% CD complete, GMP.

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6.3 Constructability reviews: Attach a sample constructability review prepared during the construction document phase of a project. (The identity of the project may be concealed . The intent is to see the nature and format of the cost information provided.)

6. 4 Savings: Describe your organization's concept for the generation of savings during construction. Give specific examples of actions taken on previous projects that resulted in savings for the owner.

6.5 Cost Information: The offeror that is awarded the contract will be required to make all cost information available to the owner and the architect during all phases of the project. Describe how the offeror will furnish this information to the owner and the architect and how the offeror will assure the owner and the architect that all of the cost information provided by the offeror is complete and accurate.

6.6 Historically Underutilized Businesses ("HUB's"): Subcontracting Plans with HUB's. The offeror that is awarded the contract must make a good faith effort to utilize HUB's. Describe the offeror's history in this regard and provide applicable documentation.

7. Personnel: Given the scope and schedule of the projects, identify the specific Project Manager(s) to be on site, Project Engineer(s) to be on site, Superintendent(s) to be on site, Estimator, and all other supervisory positions to be on site who would work on the project. Provide a resume and references for each individual. Provide assurance that your identified team members will remain with this project throughout the course of construction .

8. Owner/Construction Manager Agreement: The Owner will use, as the core construction contract document with the Construction Manager, American Institute of Architects ("AIA") document A133-2009. The general form of the General Conditions document will be the AIA 201 General Conditions - 2007 Edition. These contract forms have been modified/amended by the District's legal counsel, and will be provided to the short-listed offerors prior to submission of the Step 2 Proposals. Any changes, modifications, or exceptions must be specifically noted, in writing, as a part of the Step 2 Proposal. Fees and prices for fulfilling the general conditions may be negotiated and contained in and as a part of the final agreement. As a part of your proposal indicate that, if selected, you will execute this contract, noting specific and detailed exceptions, in writing, as a part of Step 2 proposal. All requests for modifications may be considered by the Owner but with no obligation to do so . In the event that an agreement cannot be reached with highest ranked offeror, the district will terminate negotiations in writing and begin negotiations with the next ranked offeror that provides the best value to the district.

9. References: For 3 of the projects listed above (re: item 4.5), identify a representative of the owner and a representative of the architect (provide name, phone numbers, fax numbers, and email addresses) who could be contacted as references regarding your organization's services. The references should be for educational projects of comparable scope.

10. Safety: Provide information pertaining to the offeror's accident frequency rate and modifier for the last five years, including the methods of calculation that were used to obtain those numbers. Include a copy of the offeror's safety program.

11. Schedules:

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Provide samples of schedules that will be used to control various project phases.

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CRITERIA FOR SELECTION

Irving l.S.D. shall consider the following selection criteria in evaluation of the Step 1 Proposals and to base its selection(s) solely on the basis of the evidence submitted by the offerers to determine qualifications:

(1) offerer's experience and reputation; (2) quality of offerer's goods and services; (3) impact on the ability of the District to comply with rules and policies related to historically

underutilized businesses; (4) offerer's safety record; (5) offerer's proposed personnel; (6) offerer's financial capabilities; (7) existing laws and administrative rules, including any criteria related to historically underutilized

businesses and local governments, as well as the District's Board of Trustees' policies related to the use of women owned, minority owned, small, or disadvantaged businesses; and

(7) other appropriate factors that demonstrate the qualifications of the offerers to timely complete the project to the District's satisfaction.

Extrapolated from this list, the following specific questions will be considered in selecting the construction manager-at-risk. The cumulative total score for each section will be determined and used for that specific category.

(1) Offerer's Experience and Reputation: (maximum 20 points) • How substantial is the offerer's recent experience in the construction of projects of comparable size and

complexity? • How substantial is the offerer's experience in providing construction services for educational facilities of

comparable size, complexity? • Is the offerer knowledgeable about and experienced in the Irving and North Texas construction market? • How long has the offerer been in business providing the type of services sought by the District?

(2) Quality of Offerer's Goods and Services: (maximum 15 points) • Has the offerer worked for the District in the past? If so, when and in what capacity? Was that work

satisfactory to the District? Was that work finished within budget? Was that work finished on time? • Does the offerer appear to have the capability to meet the District's needs? • Did the offerer's references, including both the owners and architects on previous projects, have a

favorable experience with the offerer? Would the offerer's references work with the offerer again? How comparable were the offerer's references to Irving l.S.D.'s projects?

(3) Impact on the Ability of the District to Comply with Rules and Policies related to Historically Underutilized Businesses and Minority-owned or Women-owned Business Enterprises ("MWBE"):

(maximum 5 points) • Has the offerer submitted sufficient information concerning its subcontracting plans with

HUB's and MWBEs? (see attached form and the offerer may submit additional documentation)

(4) Safety Record: (maximum 10 points) • What is the offerer's safety record and explanation of the rating system and methods of calculation

used to obtain the offerer's safety record?

(5) Proposed Personnel: (maximum 20 points) • Is the offerer's proposing supervisory personnel for the job that are experienced in renovations of

educational facilities? • Do the personnel proposed for the project appear to have the appropriate experience, capabilities? • Has the Offerer provided sufficient assurances that its proposed personnel will remain on the job with

the District's projects until those projects are completed?

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(6) Offeror's Financial Capabilities: (maximum 10 points) • What is the offerer's financial capability? • Is the offeror operating with a positive balance? • Has the offeror ever filed for bankruptcy? • Is the offeror solvent such that the value of the offeror's assets exceed the offeror' obligations to the

offeror's creditors?

(7) Other Appropriate Factors that Demonstrate Qualifications: (maximum 40 points) • Does the description provided by the offeror of its pre-construction services evidence both

understanding and capabilities of the process in general and as it applies to the District's specific projects?

• Does the offerer appear to have the capability to meet the District's schedule objectives? • Are the format and nature of the budget estimates prepared by the offeror informative and useful for the

District and the Project Architect? Are the offeror's initial and final budget estimates consistent in nature and format?

• Has the offerer constructed educational facilities that have been Leadership in Energy and Environmental Design ("LEED") certified as silver, gold, or platinum?

• How substantial is the offeror's recent experience in providing pre-construction services for projects of comparable size and complexity?

• Does the offerer's organizational structure, licensing, and financial information indicate that the offeror is capable of undertaking the District's project( s )?

• Are the referenced Contract and General Conditions documents acceptable? • Are the format and nature of the budget estimates prepared by the offeror during the Step 1 of the

selection process informative and useful for the District and the Project Architect? • Are the offeror's initial and final budget estimates consistent in nature and format? • Does the offerer have experience providing an early GMP?

Award of Contract • Notwithstanding any term of this Request for Qualifications, the District expressly reserves the right to:

(1) Waive any immaterial defect or informality; or (2) Reject any or all proposals, or portions thereof; or (3) Reissue a Request for Qualifications.

NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR (Section 44.034 of the Texas Education Code)

(a) A person or business entity that enters into a contract with a school district must give advance notice to the District if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. (See attached form.)

(b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The District must compensate the person or business entity for

services performed before the termination of the contract.

(c) This section does not apply to a publicly held corporation.

STEP 2 - PROPOSED FEES AND PRICING

The following information is applicable to the Step 2 process. It is being provided for informational purposes only. Offerors short-listed for the Step 2 process will use this information in submitting Step 2 information. More information will be provided at the time of notification to offerers that are selected to submit Step 2 information.

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Pursuant to Subchapter F of Chapter 2269 of the Texas Government Code, the District will use the Construction Manager-at-risk method to select a CMAR for the construction, rehabilitation, alteration, or repair of the Project(s) only as provided by Subchapter F.

No more than 3 offerers for each construction package, selected solely on the basis of qualifications submitted to the District in response to this RFQ, will be asked to provide proposals with additional information, fees, and pricing as step 2 of the selection process. Step 2 submissions must be in a sealed envelope addressed to:

Jerome Pilgrim Director of Purchasing 2621 West Airport Freeway Irving, TX 75062

To be considered, sealed envelopes from selected offerers must arrive at the above address no later than 2:00 P.M., January 26, 2018, at which time they will be publicly opened and requested fees and prices shall be read aloud. No other information shall be made public until after a contract has been awarded. Within 45 days after the date on which the final proposals are opened, the District shall evaluate and rank each proposal submitted in relation to the criteria set forth in this request for proposals to fulfill the general conditions of the District's project( s ).

Fees: The following information is for reference only during the Step 1 process. This information will be completed and provided by identified short-listed offerers as a part of the Step 2 process. It is anticipated that the District will enter into a construction contract for the Work with the Construction Manager-At-Risk for a fee with a Guaranteed Maximum Price. All pre-construction services fees and all construction phase services fees must be included in the Guaranteed Maximum Price submitted by the offerers to the District to comply with Step 2 of the selection process. The fee(s) shall be listed in both percent(%) and dollar amounts. The fees should be divided into two parts.

Pre-construction Services Fee To include personnel expenses, project estimates, preliminary project schedule, value engineering and constructability reviews, overhead and profit, and other services described below, through the Design Phase portion of the Project. (See attached Pre-construction Services List - Attachment 1 ).

Construction Phase Services Fee To include overhead and profit to administer the project construction, including, but not limited to, the services listed below through the Construction Phase of the Project. (See attached Construction Services - Attachment 2).

The fee quoted will not include Fees and Prices for fulfilling the general conditions. These items will be included as a part of the general conditions, determined as a part of the guaranteed maximum price. The fee form must indicate what percentage of savings will be returned to the owner.

General Conditions: Include an itemized cost breakdown of all General Conditions that will be applicable to the project. Include all site costs for the job personnel as well as all reimbursable overhead items. Include all bonds and insurance costs. The total amount shall be provided in both percent (%) and dollar amount for the project. These figures will not be used in the evaluation, but will be available to discuss during negotiations. This information shall be included in tabulation form, which will be provided if selected to submit Step 2 proposals.

General Conditions as used herein mean the General Conditions as described in AIA Document A 133-2009, as modified, AIA Document A201-2007, as modified, and Section 2269.001(4) of the Texas Government Code. Section 2269.001(4) of the Texas Government Code (set forth below) will control over any conflict(s) with AIA Document A 133-2009, as modified, or AIA Document A201-2007, as modified.

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"General conditions" in the context of a contract for the construction, rehabilitation, alteration, or repair of a facility means on-site management, administrative personnel, insurance, bonds, equipment, utilities, and incidental work, including minor field labor and materials.

Tex. Gov't Code§ 2269.001 (4).

Bonds A Guaranteed Maximum Price ("GMP") will not be established until completion of the construction document phase of the project. A bid bond for the project shall be provided with step 2 Proposal to ensure that the required separate performance and payment bonds for 100% of the GMP will be furnished when the GMP for the project is established. Payment and performance bonds, along with complete copies of insurance policies and workers' compensation coverage in the amounts specified in the construction documents, shall be provided to the District within 10 days of project contract awards. All bonds shall be issued by a surety company licensed, listed, and authorized to issue bonds in the State of Texas by the Texas Department of Insurance, and shall fully comply with Chapter 3503 of the Texas Insurance Code, as amended, and Chapter 2253 of the Texas Government Code, as amended .

Evaluation and Ranking of Offerors: In evaluating the step 2 proposals to determine which provides the best value to the District, the District shall consider, the criteria in Step 1 and the same assigned points plus Price that has an assigned value of 25 points.

In determining the award of the contract, the School District shall, pursuant to Section 2269.055(b )(1) and (2) of the Texas Government Code:

Consider and apply any existing laws, policies, including any criteria, related to historically underutilized businesses; and

Consider and apply any existing laws, rules, policies, including laws applicable to local governments, related to the use of women, minority, small , or disadvantaged businesses.

Based on the three (3) short-listed offerors, each offeror will be ranked based on the criteria ranking listed in the Step 1 process and an added criterion for pricing. At the conclusion of rankings for each criterion, the offeror with the lowest total score will be determined to provide the best value to the district. The district reserves the right to contract with a separate Construction Manager for each of the two packages, or award both packages to one Construction Manager.

Negotiations The District shall first attempt to negotiate a contract with the selected offeror. If the District is unable to negotiate a satisfactory contract with the selected offeror, the District shall, formally and in writing, end negotiations with that offeror and proceed to negotiate with the next offeror in the order of the selection ranking until a contract is reached or negotiations with all ranked offerors end.

Performance of Work The Construction Manager who is selected and enters into a contract with the District shall publicly advertise for bids or proposals and receive bids or proposals from trade proposers or subcontractors for the performance of all major elements of the work other than minor work that may be included in the general conditions.

Contract for Pre-Construction Phase The selected Construction Manager-at-Risk shall be awarded a contract identifying all fees. At the point in the design phase that a GMP is established, the contract will be amended to include the GMP as well as all pricing and fees to complete the project. The District reserves the right not to add the construction phase of any project for which an acceptable GMP cannot be mutually agreed.

Contract Award

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(a) Unless the offerer states otherwise, or unless provided within this Request for Qualifications, the District reserves the right to award by individual line, item, by group of line items, or as a total, whichever is deemed most advantageous to the District.

Notwithstanding any other provision of this Request for Qualifications, the District expressly reserves the right to: (1) Waive any immaterial defect or informality; or (2) Reject any or all statements of qual ification , or portions thereof, or (3) Reissue a Request for Qualifications.

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ATTACHMENT 1: PRECONSTRUCTION SERVICES

Preconstruction Services: The Construction Manager-at-Risk will provide the following: a. CMAR's key project personnel shall attend regular meetings with the District and Project

Architect to review project status and review and update the construction cost estimate. b. CMAR shall consult with the District and Project Architect regarding site use and

improvements, phasing of the various project issues, selection of materials, building systems, and equipment.

c. CMAR shall provide recommendations on construction feasibility including estimates of alternative designs or materials, preliminary budgets and possible economies. CMAR shall submit written, detailed constructability reviews with each review set issued by the Project Architect.

d. CMAR shall prepare and routinely update a preliminary project schedule for the Project Architect's review and the District's approval.

e. CMAR shall coordinate and integrate the preliminary project schedule with the services and activities of the District and Project Architect. As the design proceeds, CMAR shall update the preliminary project schedule to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, and submittal of the Guaranteed Maximum Price (GMP) proposal.

f. During the preparation of the Construction Documents, CMAR shall update and refine the initial cost estimate a minimum of three (3) times. CMAR shall submit written, formal constructability reviews with each cost estimate submission.

g. CMAR shall bring the cost estimate within the pre-determined budget because the District will not proceed with projects until the cost estimate is within the pre-determined budget.

h. CMAR shall not submit a cost estimate to the District that exceeds previously approved cost estimates without accompanying recommendations to the District and Project Architect to reduce the cost of the project.

i. CMAR shall submit a proposed schedule to the District and Project Architect to procure materials requiring long lead times so that the project schedules will be met.

j. When the construction drawings and specifications are 90% complete, CMAR shall propose a GMP that includes the sum of the General Conditions, the Cost of the Work, and the CMAR's fee. The term "Cost of the Work" herein shall mean all costs to complete the projects in this RFQ that are not included in the General Conditions or the CMAR's fee. This GMP must be generated before securing proposals from subcontractors.

k. All cost estimates generated by CMAR shall be detailed and accurate. I. CMAR shall have full budgetary responsibility from the initial design phase through the

establishment of the GMP. At the conclusion of the pre-construction phase, Owner shall evaluate the CMAR's cost estimates. If CMAR's cost estimates above levels justified by changes in scope of the work or verifiable market conditions, then District may, at District's sole discretion, terminate CMAR's services at the end of the pre-consruction phase.

m. CMAR shall keep detailed records of expenditures of labor and materials and make said records available to the District and the Project Architect upon request.

n. CMAR shall comply with all of the requirements of Subchapter F of Chapter 2269 of the Texas Government Code, including the requirements to publicly advertise for bids or proposals for the materials and work of the projects required by this RFQ.

END ATTACHMENT 1

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ATTACHMENT 2: CONSTRUCTION PHASE SERVICES

• CMAR shall manage the GMP DOCUMENTATION, including: CMAR shall provide detailed quantity surveys and pricing. CMAR shall establish and implement a procurement strategy. CMAR shall establish detailed bid package scope inclusions.

• CMAR shall establish the BUDGET BY BID PACKAGE

• CMAR shall prepare a detailed SCHEDULE derived from detailed quantities for each bid package to satisfy milestones.

• CMAR shall produce a SITE UTILIZATION STUDY CMAR shall coordinate mobilization and plan logistical requirements. CMAR shall establish project office and material staging locations. CMAR shall control ingress and egress from the jobsites. CMAR shall maintain the security requirements of the District.

• CMAR shall CONDUCT PROPER AWARD OF CONTRACTS AND PURCHASE ORDERS: CMAR shall conduct pre-award meetings. CMAR shall review schedule of values. CMAR shall review subcontractors' general conditions. CMAR shall review scope of work. CMAR shall identify shop drawing requirements. CMAR shall perform document review and specifications review. CMAR shall review proposers' personnel:

Project Managers Superintendents Foremen

CMAR shall implement Partnering Program if the District elects to do so. CMAR shall establish quality requirements and standards. CMAR shall review projects' sequence and Schedule. CMAR shall identify accounting requirements. CMAR shall review insurance requirements. CMAR shall review safety and security requirements. CMAR shall recommend award of contracts.

• CMAR shall PREPARE AND ISSUE AS CONSTRUCTION MANAGER (or for the District): Contracts. Rental agreements. Budget adjustments for all transactions. Computerized accounting for tracking and projections.

• CMAR shall PROVIDE COORDINATION AND MANAGEMENT OF SUBCONTRACTORS CMAR shall establish site organization, including work and storage areas. CMAR shall establish jobsite management, organization, and procedures. CMAR shall maintain daily log of and for jobsite record. CMAR shall provide general conditions work to meet project requirements. CMAR shall prepare and issue change orders and contracts. CMAR shall prepare subcontractor change orders and contracts. CMAR shall monitor construction cost and projections. CMAR shall prepare and maintain cash flow projection for Owner. CMAR shall monitor and maintain quality control. CMAR shall maintain shop drawing control. CMAR shall maintain equipment and material control. CMAR shall provide and monitor overall progress and short interval scheduling.

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CMAR shall prepare billings and progress payments. CMAR shall conduct subcontractor coordination meetings. CMAR shall provide coordination between subcontractors. CMAR shall prepare and receive requests for information. CMAR shall prepare agendas and conduct weekly safety and progress meeting. CMAR shall prepare and distribute weekly safety and progress meeting minutes. CMAR shall establish subcontractor progress payment procedure for processing and payment. CMAR shall monitor subcontractor pay applications.

• CMAR shall produce MONTHLY REPORTS UNTIL TOTAL COMPLETION OF THE PROJECTS:

CMAR shall summarize project financial status. CMAR shall review and summarize past month 's construction performance. CMAR shall project the coming month's construction activities. CMAR shall present status report on change orders - delays and time extensions. CMAR shall identify problems that threaten construction quality, cost and schedule.

• CMAR shall provide CHANGE ORDER CONTROL:

CMAR shall implement system for change orders. CMAR shall allocate change order responsibilities. CMAR shall review change order requests from subcontractors. CMAR shall negotiate change orders with subcontractors. CMAR shall submit recommendations to the District and Project Architect.

• CMAR shall establish a QUALITY MANAGEMENT PROGRAM:

All members of the CMAR's team shall participate in the quality control effort. CMAR's Project Scope Review, including, but not limited to:

Intended purpose of the project. Are the projects' needs met? Existing conditions reviewed. The District's future needs.

CMAR shall incorporate Restrictive Conditions in documentation to include: Social environment, influence of neighbors, environmental impact. Natural conditions, grounds and peripherals. Research on legal requirements. Research on existing structures, facilities.

CMAR shall review Design Development for: Complete construction documents in the order they are to be purchased and constructed. Complete documents for pre-purchased equipment. Design compatibility with future operation and maintenance. Constructability

CMAR shall coordinate schedule and assist independent testing and inspection agenciesselected by the school district, involving the following work:

Underground piping Soils Concrete Rebar Miscellaneous steel Structural steel Mechanical systems Electrical

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Life safety systems Energy management systems Others as required

CMAR shall work with area superintendents of subcontractors. CMAR shall prepare operations to minimize quality control problems.

CMAR shall require formalized quality management program from subcontractors: CMAR shall ensure conformance to project's quality standards previously established.

CMAR shall follow-up to assure correction of deficiencies on test reports. CMAR shall report any deficiencies on test reports to the District and the Project Architect.

• CMAR shall be responsible for compliance with these ACCOUNTING Functions:

Insurance requirements Schedule of values review Labor cost reports Material cost reports Unit cost reports Monthly detail cost sheet Monthly job costs Accounts receivable Accounts payable Monthly project billing Create, maintain, and make available to the District and the Project Architect detailed records of all of the matters specified above. CMAR shall report any accounting irregularities to the District and the Project Architect within five calendar days of discrovery by CMAR.

ATTACHMENT 2- cont

• CMAR shall be responsible for all JOB SAFETY Objectives:

CMAR shall conduct weekly safety meetings: CMAR shall implement project safety requirements. CMAR shall review all subcontractors' safety programs.

CMAR shall be responsible for Subcontractors' conformance to, compliance with, and knowledge of OSHA requirements :

CMAR shall notify subcontractors of their responsibility for costs and damages resulting from accidents and injuries. CMAR shall be responsible for subcontractors' submission of accident and injury reports. CMAR shall verify that all subcontractors have safety programs CMAR shall require that all subcontractors identify safety representatives. CMAR shall require that subcontractors submit reports within forty-eight hours of any accidents or injuries. CMAR shall require weekly tool box safety meetings.

CMAR shall maintain safety meetings' minutes: CMAR shall inform subcontractors of procedures.

CMAR shall confirm the existence of subcontractors' alcohol and drug programs. CMAR shall implement and maintain clean-up.

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CMAR shall report to the Distirct and Project Architect any accidents or injuries on the jobsites within five calendar days of discrovery by CMAR.

• CMAR shall be responsible for these JOBSITES' SECURITY Functions: CMAR shall monitor and control employee, vendor, and public access to the jobsites. CMAR shall monitor and control material and equipment deliveries to the jobsites. CMAR shall monitor and control material and equipment being removed from jobsites through a material release form . CMAR shall monitor and control jobsites ' traffic. CMAR shall monitor and perform periodic checks for alcohol and drugs on and off the jobsites. CMAR shall monitor and control tools on the jobsite , entering the jobsite, leaving the jobsites. CMAR shall monitor material storage on and off the jobsites. CMAR shall monitor trailers and all equipment within the jobsites. CMAR shall maintain proficiency in medical first-aid and CPR programs on the jobsites. CMAR shall monitor and maintain compliance with District's No Smoking policy. CMAR shall monitor compliance with District's weapon-free zones.

CMAR shall monitor and control employees', subcontractors', and vendors' access to or interaction with District's students and staff. CMAR shall monitor and control compliance with District's harassment-free environment for students and staff. CMAR shall monitor and control employees', subcontractors', and vendors' opportunities for and completed thefts. CMAR shall report to the Distirct and Project Architect any potential threats to or actual compromise of JOBSITES' SECURITY within five calendar days of discrovery by CMAR.

• HUMAN RESOURCES:

CMAR shall provide assistance and policies on Equal Employment Opportunity; minority and womenowned business enterprises; sexual harassment or discrimination; drug abuse programs; labor relations; employment transfers or reassignments; and assuring proper personnel for project requirements.

• PROJECT POST CONSTRUCTION Services:

CMAR shall provide operating and maintenance manuals. CMAR shall secure and assemble warranties or guarantees. CMAR shall provide check-out of equipment. CMAR shall Instruct operating personnel in equipment operating and maintenance procedures. CMAR shall assist in actual start-up of equipment. CMAR shall implement close-out procedures and ensure that requirements are met for:

Subcontractors' and vendors' final payments Resolution of all claims Final change orders Lien releases Final lien waivers Consents of sureties

CMAR shall assist the District and Project Architect in enforcement of warranties or guaranties. CMAR shall conduct walk-through with the District and Project Architect one year after project completion .

END ATTACHMENT 2

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ATTACHMENT 3: SCOPE OF PROJECT

Scope:

llSD/High School CTE Additions and Renovations: It is the district's intent to provide additions and interior renovations to the existing buildings at Irving High School, MacArthur High School , and Nimitz High School to add required space for the District's Career and Technical Education ("CTE") programs and other classroom space.

The scope is as identified below for each campus:

Irving High School will include demolition of the existing Competition Gymnasium Lobby and corridor connecting the main building to the lobby, as well as the construction of a 30,280 square feet addition to the southwest of the site for a new gymnasium lobby and entrance, new graphics design lab, new connector corridor from the main building to the lobby, and multiple classroom and lab spaces for Irving High School 's CTE programs. Construction will also include new fire lane, driveway and sidewalk paving, as well as demolition of the existing metal building structure and old tennis courts to the east of the site to provide an area for a new parking lot with approximately 150 spaces. Additional scope of work includes replacement of bleacher seating, replacement of light fixtures with LED, new wall paint, and resealing/restriping the existing wood flooring in the Competition Gym.

Construction for MacArthur High School includes a two-story addition totaling 27,800 square feet at the southwest corner of the campus for MacArthur High School 's CTE programs and additional classrooms. A new parking lot will be installed to the north east of the site with approximately 47 spaces. Construction will also include new fire lane, driveway and sidewalk paving.

Scope of work for Nimitz High School includes 6,220 square feet of interior renovation and a premanufactured walkway cover totaling approximately 930 square feet.

It is anticipated that the work will be bid in one phase and released for bidding in May 2018. Construction for both phases will be from approximately August 1, 2018 to August 1, 2019.

Schedule:

February 26 , 2018: Contract(s) with CMAR Offeror(s) approved by the District's Board of Trustees.

August 1, 2019: Substantial Completion Date

The schedule for review and acceptance of the schematic design, design development, construction documents, and approval of the Guaranteed Maximum Price ("GMP") for the project will be determined by mutual consent of the Owner, Project Architect, and Construction Manager.

Attach a construction schedule indicating the month/year in which each design phase must be approved for each project in order to obtain substantial completion by the above-mentioned date. The schedule must articulate the start date for construction.

Construction Budget:

The construction budget has been established as noted below. This cost includes all Construction Manager fees, including pre-construction , construction , and general conditions fees. Project Architect and consultant fees; furn iture, fixture , and equipment costs; and reimbursable and miscellaneous costs are not considered as a part of the construction budget.

Construction Budget: Project Architect: Reimbursables: Miscellaneous: Furniture/Equipment:

Tota l:

$ 18,900,000.00 $ 1,417,500.00 $ 150,000.00 $ 100,000.00 $ 250,000.00

$ 20,81 7,500.00

END ATTACHMENT 3

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Proposers shall not discriminate against any employee or applicant for employment because of race, religion , color, sex, or national origin. Bidder certifies that the company complies with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations.

NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this bid or proposal, the Bidder certifies that:

a) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;

b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential Competitor;

c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal ;

d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification , and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.

Texas Education Code Section 44.034. Notification of Criminal History of Proposer. a) A person or business entity that enters into a contract with a school district must give advance notice to the

district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.

Proposer response (initial): negative or see attached information __ _ b) A school district may terminate a contract with a person or business entity if the district determines that the

person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction . The district must compensate the person or business entity for services performed before the termination of the contract.

c) This section does not apply to a publicly held corporation . Initial if (c) applies __ _

Signature below certifies to all three sections above.

Signature

Printed Name

Company Name

Telephone Number

VISITOR REGISTRY SYSTEM Pursuant to Section 38.022 of the Texas Education code , proposers must present a valid state or government-issued photo ID before access into the school is granted. This ID will be scanned into a registered sex offender database; any proposer found to be an offender will be denied access into the school. Local law enforcement will be contacted should this occur.

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Required Forms

a. Deviation/Compliance Signature Form

b. Confidentiality Declaration Form

c. Insurance Requirements

d. Certification for Criminal History Check

e. Conflict of Interest Disclosure

f. Conflict of Interest Questionnaire

g. Family Conflict of Interest Questionnaire

h. HUB Information Questionnaire

i. (HB 1295 Form will need to be submitted if selected by Board)

ALL REQUIRED FORMS MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONSE, OR THE RESPONSE WILL BE DEEMED NONRESPONSIVE.

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DEVIATION/COMPLIANCE SIGNATURE FORM

RFQ # 18-27-739

Company Name

Address City State Zip

Phone Number Fax Number

If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.

In the absence of any deviation entry on this form, the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation.

D No Deviation

D Yes Deviation If yes is checked , please list below:

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CONFIDENTIALITY DECLARATION FORM

CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUEST FOR IRVING ISD IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552

If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex. Gov' t Code or other laws, you must make a £Ql!Y of all claimed confidential materials within your proposal and put this COMPLETED form as a coversheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelope will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well. The copy ill the envelope is to show //SD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. Irving ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited products or service may be deemed as public information under Chapter 552 Tex. Gov't Code.

This envelope contains material for our proposal that I classify and deem confidential under Tex. Gov't Code§ 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials:

Name of company claiming confidential status of material

Printed Name and Signature of authorized company officer claiming confidential status of material

Address City State Zip Phone

ENCLOSED ARE COPIES OF RESPONSE TO CSP# 16-57-737

PAGES OF CONFIDENTIAL MATERIAL FROM OUR

Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response Irving ISD procurement process (e.g. RFP, CSP, Bid, etc.).

Name of company expressly waiving confidential status of material

Printed Name and Signature of authorized company officer expressly waiving confidential status of material

Address City State Zip Phone

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INSURANCE REQUIREMENTS

Insurance Requirements

A. Prior to approval of this contract/agreement by llSD, the offeror shall furnish complete copies all insurance policies required herein to the Risk Manager of llSD, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. llSD shall have no duty to pay or perform under this contract or agreement until such complete copies of all insurance policies shall have been delivered to the llSD Risk Manager, and no officer or employee of llSD shall have authority to waive this requirement.

B. llSD reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance requirements and their limits when deemed necessary and prudent by the llSD Risk Manager based upon changes in statutory law, court decisions, or the claims history of the industry.

C. An offeror's financial responsibility is of interest to llSD; therefore, subject to the vendor's right to maintain reasonable deductibles in such amounts as are approved by llSD, the offeror selected as CMAR shall obtain and maintain in full force and effect for the duration of the contract, and any extension thereof, at the offeror's sole expense, insurance coverage written by admitted carriers authorized or approved to do business by the State of Texas and otherwise acceptable to llSD, but having a rating of at least A- by AM Best, in the following types and amounts:

Types of Coverage

Workers' Compensation

Employer's Liability

Commercial General Liability

Business Auto Liability

Limits of Liability

Statutory

$1 ,000,000 Each Accident

$1 ,000,000 Disease Policy Limit $1,000,000 Disease Each Employee

$4,000,000 Combined Single Limit Policy Aggregate $1,000,000 Combined Single Limit Each Occurrence

(Property damage deductible not to exceed $1 ,000 per occurrence)

$1,000,000 Combined Single Limit Each Occurrence

The immunity of the owner shall not be a defense from the insurance carrier.

THE SELECTED OFFEROR WILL BE REQUIRED TO SUBMIT COMPLETE COPIES OF ALL INSURANCE POLICIES REQUIRED HEREIN NAMING IRVING ISO AS AN ADDITIONAL INSURED PRIOR TO THE START OF ANY WORK ON THE PROJECT

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Texas Education Code Chapter 22 Certification for Criminal History Check

Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

On behalf of ________________________ ("Contractor"), I certify that

[check one]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

(2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.

(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.

( 4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Company Name Printed Name of Company Representative

Signature Date

For additional information on how to comply with this statute, please contact the Irving ISO Purchasing Department, 972-600-5440, 2621 West Airport Freeway, Irving, Texas 75062.

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Notice to Vendors Conflict of Interest Disclosure Statements

Texas Local Government Code, Chapter 176

Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor's company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176.

Conflicts of interest exist if: 1. the person has employment or other business relationship with the local government officer or a family member

resulting in the officer or family member receiving taxable income; or 2. the person has given the local government officer or family member one or more gifts (excluding food, lodging,

transportation, and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District.

Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and: 1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or

holds an ownership interest of 10% or more; 5. an employee or contractor of the District who makes recommendations to an officer of the District regarding

the expenditure of money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire;

and 7. any person or entity that might cause a conflict of interest with the District.

Forms must be filed: 1. No later than the seventh business day after the date that the person begins contract discussions or

negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid, correspondence, or other writing related to a potential agreement with the entity.

2. The Vendor also shall file an updated questionnaire: a. not later than September 1 of each year in which a covered transaction is pending, and b. the seventh business day after the date of an event that would make a statement in the questionnaire

incomplete or inaccurate.

3. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year.

Officers of the Irving Independent School District are:

Larry Stipes, Board President, (District 3) Randy Rand I e, Vice President (District 7) Randy Ne ce s sa ry , Secretary (District 6) Nell Anne Hunt (District 2) Dinesh Mali (District 4) A .O. Jenkins , (Districts) Steven Jones (District 1) Jose L. Parra, Ed.D., Superintendent of Schools

If you are required to file, send the completed form to Irving Independent School District, Purchasing Department, 2621 West Airport Freeway, Irving, Texas 75062.

CONFLICT OF INTEREST QUESTIONNAIRE FORM

For vendor or other person seeking to do business with local governmental entity CIQ (Required Field)

Name of Person Completing Form: (Required Field)

Name of Company Completing Form:

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY

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

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

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

JJ Name of person who has a business relationship with local governmental entity.

~ Check this box if you are filling an update to a previously filed questionnaire. LJ (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

~ Name of local governm~nt officer with whom fi ler has employment or business relationship:

I (List Name of Officer in space provided above) If naminQ Qovernment officer above, completion of A, B, C & D below is required. If no conflict, check box at line 4 below.

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has affiliation or 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 filer of the questionnaire?

OYes D No

B. Is the filer of the questionnaire 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?

oves ONo

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 10 percent or more?

oves ONO

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

~ n Check here if you are NOT reporting a conflict with any government officer of Irving ISO

__i_j

Signature (Required) Date

NOTIFICATION OF NO CONFLICT OF INTEREST RFCSP # 18-27-739

Irving ISO 2621 West Airport Freeway

Irving, TX 75062

If applicable, please sign and return this form to the attention of:

Jerome Pilgrim, Director of Purchasing (at the above address)

Irving ISO requ ires this notification to document the Proposer's acknowledgement of requirements of Texas Government Code, Section 176.00 of the Texas Local Government Code for disclosure of Conflicts of Interest. Submission of this form is an affidavit that the Proposer submitting this form is stating that no conflict exists, as detailed in Texas Local Government Code Section 176.006 (a).

This form is in addition to any other reporting requirement required under Texas state law and does not supplant any additional reporting requirements.

Company (Print or Type) Phone Fax

Signature Date

Printed Name & Title of Signature

' IRVING 11111 'Sd l>i •

FAMILY CONFLICT OF INTEREST QUESTIONNAIRE RFQ#JB-27-739 This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services.

The questionnaire(s) required by this policy shall be filed with the Senior Buyer not later than the seventh

(7 TH) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application , response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts .

Family or family relationship means a member of an individual 's immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings.

For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services: Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee's family) (please include name and sufficient information that will allow proper identification of any named individual):

For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee's family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual):

If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write "None" or "Not Applicable" in the space reserved for that answer. "I certify that the answers contained in this questionnaire are true and correct."

Entity: ____ __________ _

By: ______________ _

Signature : _____ _ _ ____ ___ _

Title: ________________ _

Certified this __ day of ________ _ , 20 __ , by ______________ _ Notary Public

Notary Seal

IRVING INDEPENDENT SCHOOL DISTRICT

NON-CERTIFIED MINORITY/WOMEN BUSINESS ENTERPRISE ATTESTATION ALL CERTIFIED ENTERPRISES NEED ONLY SUBMIT CERTIFICATION DOCUMENTATION- DO NOT USE THIS FORM PLEASECHECKTHECORRESPONDINGBOXFOR YOURFIRM

NON-CERTIFIED A business which is at least 51 % owned, managed and the da ily business operations MINORITY BUSINESS ENTE RPRISE controlled by one or more minority individuals. Minority generally includes the following

(M BE) groups: American Indians, Aleuts, Asian-Pacific Americans, Black Americans, Eskimos,

D Hispanic Americans, Native Hawaiians and Subcontinent Asian Americans. All ethnic female owned firm s will be classified as an MBE.

'ON-CERTTFlED WO MAN BUSI ESS ENTERPRISE A business which is at least 51 % owned, managed and the daily business operations

( WBE) controlled by one or more women owners.

D ____ ,... __ . - - ._.- - .-..._---. ....-- - - ..._......._ T.._...,~ ~ ... ~ ~ ,......'T.i"""lti.. .._ T

u .n l 'V .n.l'Vi~ ~ n v J -1.l 'V nJ J 11 'V r u HJ Y-1./-J. 1 1 u l 'V

1. Business

Name

Telephone Number I Fax Number I Mobile/Cell Number

E-mail address Internet Website I URL Address

Alternate E-mail address Alternate Contact Person

2. Does this business use any other name(s)? If yes, indicate name(s) Yes D No D

3. Business Mailing Address

City State County Zip

4. Physical Address of Business

City State County Zip

5. Tax Identification Number 6. Date business was established under present name and ownership:

7. Is this business a continuation of a pre-existing business? Yes D No D If yes indicate name(s)

8. Indicate if this firm has previously been Certifying Authority Address Date certified or participated as a DBE I MBE I WBE. Indicate the name of the certifying authority and provide a copy of the certification letter/certificate.

Irving ISD Non-certified MWBE attestation affidavit Form 737-001 Rev. 4-12

9. Is the business affiliated with another If yes, list N aine and Address of the affiliate firm. business?

Yes D No D 10. Business Structure PROPRIETORSHIP PARTNERSHIP

(CHECK ONE): LIMITED LIABILITY (LLC) GENERAL CORP. (INC.)

CONCESSIONAIRE (Tobeconsideredan ACDBEyoumust complete the DBE application.)

11. Please list three company and/or client references : COMPANY CONTACT PERSON TITLE TELEPHONE

12. IdentifV five or less of your major products/services

PRODUCT OR SERVICE PROVIDE A BRIEF DESCRIPTION: 1.

2.

3.

4.

5.

13. Does your firm share any resource(s) (office facilities, storage space, equipment, and personnel) with any other finns or individuals? Yes D No D If yes explain:

14. Please identify the firms' ownership: (use additional sheet if more than three owners)

NAME Ethnicity Sex Yea rs of Ownership Voting

ownership percentage percentage

15. Identify any owner or management official of the finn who is or has been an employee of another finn that has ownership interest or a present business relationship with your finn :

Irving ISO Non-certified MWBE attestation affidavit Form 737-001 Rev. 4-12

Instructions - Form 1295

Effective January 1, 2016, a governmental entity may not enter into a contract requiring board approval, unless the business entity submits a Disclosure of Interested Parties (Form 1295) at the time the business entity submits the signed contract.

The following definitions apple :

1. "Interested Party" means a person:

a. Who has a controlling interest in a business entity with whom a governmental entity contracts: or

b. Who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity.

2. " Intermediary" means "a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

a. Receives compensation from the business entity for the person's participation; b. Communicates directly with the governmental entity or state agency on behalf of the

business entity regarding the contract; and

c. Is not an employee of the business entity

3. "Business Entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. "Business entity" includes a for- profit or nonprofit entity. He term does not include a governmental entity or state agency.

4. "Contract" includes an amended, extended, or renewed contract.

5. "Controlling Interest" means:

a. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

b. Membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or

c. Service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers."

A business entity must file Form 1295 electronically with the Texas Ethics Commission using the Commission's online filing application, which can be found at:

https://www.ethics.state.tx.us/whatsnew /elf info form 1295.htm

The business entity must print a copy of the completed form , which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized. The business entity must then submit the completed, signed, notarized Form 1295 to the contracting school district.

Again, inter-local contracts DO NOT REQUIRE a Form 1295 because governmental entities do not fall within the definition of "business entity" . Notably, though, compliance with HB 1295 is required for contracts with nonprofit agencies, such as the Irving Independent School District.

CERTIFICATE OF INTERESTED PARTIES

Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties .

Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3

4

Name of Interested Party

5

FORM 1295

OFFICE USE ONLY

Intermediary

6 AFFIDAVIT ffirm, under penalty of perjury, that the above disclosure is true and correct.

Signature of authorized agent of contracting business entity

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

ADD ADDITIONAL PAGES AS NECESSARY

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Form provided by Texas Ethics Commission 10/5/2015

www.ethics.state.tx.us Adopted

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