1.1-PD Building CMAR Docs 8-28-26.pdf

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Attached to
FM 237 TXDOT Coleto Creek Pipeline Relocation RFP
Solicitation number
2026-012
Issued by
Dallas County, Texas

About this file

This is a Construction Manager at Risk (CMAR) project documentation file for the Town of Argyle, Texas, involving the Law Enforcement Center (LEC) project, with FGMA serving as the CMAR Architect of record and Kimley Horn providing engineering services. The project encompasses preconstruction and construction phase services including design completion, materials and systems evaluation and selection, construction documents, cost estimating, project scheduling, subcontractor bidding, construction, and project closeout. The scope includes installation of approximately 111 linear feet of open-cut, 48-inch flanged split steel casing to be welded to existing carbon steel encasement, approximately 59 linear feet of concrete trench cap installation, and erosion controls, site restoration, and seeding. The Town has allocated available funds between $5.5 million and $6.5 million for the building and site improvements, excluding site acquisition, off-site infrastructure, professional fees, and furniture, fixtures, and equipment (FF&E).

The contract will be awarded on a Cost of Work plus Fee basis with a Guaranteed Maximum Price (GMP) structure, utilizing the one-step selection process as detailed in Texas Government Code Chapter 2269. The Town of Argyle has recently passed a Certificate of Obligation to fund this critical public safety project. The selected CMAR will work collaboratively with the Town and its architectural team to support successful planning and delivery of the Law Enforcement Center. No specific response date, award date, or contract term details are provided in this documentation excerpt.

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TOWN OF ARGYLE

purchasing@argyletx.com

RFP COVER PAGE

RFQ Announcement

The Town of Argyle (“Town”) announces a REQUEST FOR PROPOSALS (“RFP”) for CMAR FOR

LAW ENFORCEMENT CENTER as specified in the attached pages, until Tuesday, September, 22, 2026 at 2:00 PM CST. Late submissions will not be accepted.

Term

This is a contract for preconstruction services and an estimated 12 month construction phase.

Pre-Proposal Meeting

The Town will host a pre-proposal meeting on September 8, 2026 at a time and location to be posted.

Deadline for Questions

The deadline for all questions is Saturday, September 14, 2026 at 5:00 PM Central. All questions must be issued in writing to purchasing@argyletx.com. Questions will not be answered over the phone.

Receipt of Proposals

Proposals will be accepted in digital format only. Submissions will be date and time-stamped upon submission, and respondents will receive an automated message confirming the Town has received their submission. Respondents are urged to start their submission process early.

Late Submissions

The Town appreciates your time and effort in preparing a response to this RFP. Please note that to be considered, all proposals must be received by the deadline shown above. Proposals received after the deadline will not be considered for the award of this contract and will be considered void and unacceptable.

Public Opening

Submittals will be opened immediately after the RFP deadline. As this is a Request for Proposal

(RFP) and not a competitive bid, only the names of the responding firms will be read aloud. No evaluation or discussion of the contents will occur at the public opening. All statements of qualifications will be reviewed and evaluated in accordance with the selection criteria outlined in this RFP. RFP Virtual Opening on September 22, 2026 at 2:00 PM.

mailto:purchasing@argyletx.com

RFP #2026-012

CONSTRUCTION MANAGER AT RISK (CMAR) FOR

LAW ENFORCEMENT CENTER

1. INTRODUCTION

Pursuant to the provisions of the Texas Government Code Section 2269, it is the intention of the Town of Argyle, Texas to select a Construction Manager at Risk (CMAR) for preconstruction and construction services for the LAW ENFORCEMENT CENTER (LEC). The selected firm will provide preconstruction and construction phase services to support the successful planning, design, and construction of this critical public safety project. The method to be used to select the CMAR is the one-step process as detailed in Chapter 2269 of the Government Code. The contract will be awarded on the basis of the Cost of the Work plus a Fee with a Guaranteed Maximum Price (GMP). The Town has engaged FGMA as the CMAR Architect of record and Kimley Horn is providing engineering services. The Town has recently passed a Certificate of Obligation on this project which includes available funds for the building and site improvements between $5.5M and $6.5M. That number excludes site acquisition, off-site infrastructures, professional fees and FF&E. The selected CMAR is to assist the Town and its selected architectural team with the completion of the design process, materials/systems evaluation and selection, construction documents, cost estimating, project scheduling, subcontractor bidding, construction, and project closeout.

Selection will be in accordance with Tex. Gov't Code §2269.251.

2. PROJECT OVERVIEW

2.1 Project Description

The Law Enforcement Center is intended to consolidate key public safety functions into a modern, efficient, and secure facility. The project may include, but is not limited to:

• Police administration and operations

• Associated site improvements and parking

The project involves:

• New construction on an undeveloped site

2.2 Project Objectives

• Deliver a high-quality, resilient public safety facility

• Ensure operational continuity during construction

• Maintain budget discipline and cost transparency

• Optimize functionality, security, and long-term durability

• Align with theTown's Capital Improvement Program (CIP}

3. SCOPE OF SERVICES

The selected CMAR will provide services in two phases:

3.1 Preconstruction Phase Services

The CMAR will collaborate with the Town and design team to:

• Provide constructability reviews at key design milestones

• Develop detailed cost estimates (30%, 60%, 90%, GMP)

• Provide value engineering recommendations

• Develop project schedules and phasing plans

• Evaluate site logistics and operational constraints

• Assist in identifying and mitigating project risks

• Support permitting and regulatory coordination

• Develop subcontracting strategies

3.2 Construction Phase Services

Upon acceptance of the GMP, the CMAR will:

• Act as the general contractor for construction

• Solicit and competitively bid subcontractor work

• Manage construction schedule, cost, and quality

• Coordinate all subcontractors and suppliers

• Maintain site safety and compliance

• Provide open-book cost tracking and reporting

• Manage change orders and contingency

• Coordinate inspections and commissioning

• Deliver project closeout documentation

3.3 Deliverables

• Submit a cost study or cost model estimate within two (2) weeks after consultation with the design team and Town Architect and update as needed.

• Present a written value analysis including applicable cost savings for selected items to the Town Architect at 100% Design Development.

Updates to the analysis will be required to evaluate phases of design implementation.

• Provide tabular reports showing critical path and milestone activities at intervals through substantial completion.

• Provide a detailed schedule of design and construction phases within thirty (30) days from the Notice to Proceed. Updated schedules must be completed after major value engineering decisions.

• Provide a logistics plan to ensure adequate flow of materials and labor during the Construction Phase.

• Submit a quality assurance plan to the Town within 15 days of contract execution.

• Provide any written reports describing constructability concerns with recommendations.

• Work with the Town Architect to reach a mutually acceptable Guaranteed Maximum Price.

• Provide monthly written reports to the Town Architect on the progress of the entire Work. CMAR shall maintain a daily log containing a record of weather, Subcontractors working on the site, number of workers, Work accomplished, problems encountered, and other similar relevant data as the Town may reasonably require.

Specific duties within the scope of services will be outlined in the contract between the CMAR and Town.

4. PROPOSAL REQUIREMENTS

All items listed must be included and all signatures must be included to constitute a complete RFP Response.

4.1 Firm Qualifications

• Firm overview and history

• Relevant CMAR experience especially public safety facilities in communities with a single consolidated law enforcement center with a population under 15,000

• Experience in Texas municipal projects

4.2 Project Team

• Identification of key personnel (PM, Superintendent, Precon Lead)

• Resumes and relevant project experience

• Availability and current workload

4.3 Relevant Project Experience

Provide 3-5 comparable projects, including:

• Scope, size, and complexity

• Delivery method (CMAR preferred)

• Budget and schedule performance

• Client references

4.4 Project Approach

Describe your approach to:

• Preconstruction services and cost control

• Phasing and scheduling during design

• Confidentiality, transparency and clarity in the bid process

• Risk identification and mitigation

• Cost control during construction

• Stakeholder coordination

• Working with the design team

• Regular reports and billing procedures

4.5 Fee Proposal

Provide:

• Preconstruction services fee

• Construction phase fee (as% of cost of work)

• General conditions (with breakdown)

• Proposed contingencies approach

• Include signed, completed RFP Attachment B: Proposal Form For Construction Manager at Risk here

4.6 Safety Record

• OSHA statistics (EMR, TRIR)

• Safety program overview

• Any recent safety challenges that received public coverage or were reported to a governing board.

4.7 Legal & Compliance

• Litigation history

• Bonding capacity

• Insurance coverage

4.8 Required Additional Items

• Signed Cover Letter to RFP acknowledging receipt and review of RFP items including Exhibit J and providing formal submittal of RFP response

• All items 4.1 to 4.7

• RFP Attachment D – Conflict of Interest Form

• RFP Attachment E – State Required Verifications

• RFP Attachment H – Bonding Affidavit

• RFP Attachment J – Insurance Affidavit

• RFP Attachment K – Vendor Statement of Agreement

• RFP Attachment L – Non-Collusion Statement

• RFP Attachment M – EEO Agreement

5. SELECTION PROCESS

5.1 Selection Method

Upon receipt of proposals, the town will follow the following process:

1. Evaluation of Proposals (See Item 6)

2. Interviews (Top-ranked firms)

3. Recommendation to Town Council

4. Review and Approval by Town Council

The Town reserves the right to request Best and Final Offers (BAFO).

6. EVALUATION CRITERIA

Proposals will be evaluated based on:

Criteria Weight

Project Team 25%

Relevant Experience 25%

Project Approach and Cost Control Methodology 20%

Fee Proposal 20%

Safety and Litigation Record 10%

7. INTERVIEWS

Shortlisted firms may be invited to participate in interviews. Firms will be required to present:

• Qualifications and Major Accomplishments of Team Members assigned to major roles on the project

• Highlight 2 similar recent CMAR Public Safety Buildings at least one of which must be completed in the last 4 years and the other of which may be under an active construction contract or have been completed in the last 2 years

• Approach to controlling costs and efficiently delivering the building on-time

• Review of Fee Proposal

• Optional Explanation of any negative safety or litigation events

An interview agenda will be provided separately. In person interviews are scheduled for Sept.

29 for short-listed firms.

8. CONTRACT TERMS

• Contract will be based on CMAR agreement per Texas law

• Includes:

o Preconstruction services agreement o GMP amendment for construction phase

• Requires:

o Payment and performance bonds o Insurance per Town standards

9. GENERAL CONDITIONS

• The Town reserves the right to:

o Reject any or all proposals o Waive informalities o Negotiate with selected firm

All costs incurred in proposal preparation are the responsibility of the proposer

9.1 COMPLIANCE WITH APPLICABLE LAWS

1) Comply with all applicable federal, state, and local laws, regulations, and ordinances governing professional services and municipal contracting.

2) Affirm adherence to the following statutes, as applicable:

i. Texas Government Code, Chapter 2254 – Professional Services

Procurement Act

ii. Texas Government Code, Chapter 2270 – Prohibition on Boycotting Israel

iii. Texas Government Code, Chapter 2252, Subchapter F – Prohibition on

Certain Foreign-Owned Companies

iv. Texas Local Government Code, Chapters 252 and 271 – Municipal

Purchasing and Contracting

v. 2 CFR Part 200 – Uniform Administrative Requirements for Federal

Awards

3) Certify the absence of conflicts of interest under Texas Local Government Code

Chapter 176 and provide Form CIQ and Form 1295 upon award.

4) Maintain all program and financial records in accordance with the Texas Public

Information Act, Town of Argyle Record Retention Policy, and applicable federal requirements for retention and audit accessibility.

5) Ensure compliance with all federal grant assurances, Civil Rights laws, Section 504, Title VI, and applicable nondiscrimination requirements.

9.2 Proposals will be accepted in digital format only. Submissions will be date and time-stamped upon submission, and respondents will receive an automated message confirming the Town has received their submission. Respondents are urged to start their submission process early.

9.3 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, please clearly identify those portions as “CONFIDENTIAL”. Proposals will be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for inspection.

Tex. Loc. Govt. Code 252.049(b)

9.4 The Town will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas

Attorney General or a court of competent jurisdiction.

9.5 In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to

Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and

Section 252.049 of the Local Government Code, then such information will be made available to the requester.

9.6 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act.

9.7 RIGHT TO ACCEPT/REJECT: The Town of Argyle reserves the right to accept or reject any or all submittals, to waive any informalities or irregularities in the qualifications received, and to accept the submittal that, in the judgment of the Town, will best serve the public interest and the Town’s needs. Submission of qualifications does not obligate the

Town to award a contract or to pay any costs incurred in the preparation of a response.

9.8 CANCEL RFQ: The Town reserves the right to cancel this Request for

Qualifications in whole or in part at any time if it is determined to be in the best interest of the Town to do so. The Town shall have no liability to any respondent arising out of such cancellation.

9.9 NO REIMBURSEMENT OF COSTS: Respondents acknowledge and

accept that the Town will not be liable for, nor reimburse, any costs incurred by firms in the preparation, submittal, or presentation of their qualifications, or for any other costs incurred prior to the execution of a contract with the Town.

9.10 LOBBYING PROHIBITION (CONE OF SILENCE): From the date this RFQ is issued until the contract award is made, respondents and their agents are prohibited from contacting or communicating with Town officials, Town Council members, or evaluation committee members regarding this solicitation, except through the designated procurement contact identified in this RFQ. Violation of this “Cone of Silence” may result in disqualification from consideration. This restriction is intended to ensure a fair and equitable selection process.

10. ATTACHMENTS TO RFP

A. General Instructions B. Proposal Form C. Conflicts of Interest Instructions D. Conflicts of Interest Form E. State Required Verifications F. State Required Form 1295 G. Bonding Requirements H. Bonding Affidavit I. Insurance Requirements J. Insurance Affidavit K. Vendor Statement of Agreement L. Non-collusion Statement M. EEO Agreement N. Master Plan O. Law Enforcement Center Current Status Report P. CMAR Contract Template

11. DEADLINE FOR PROPOSALS

The electronic proposal(s) shall be submitted online at ArgyleTX.com no later than 2:00 p.m. (CST}, Tuesday, September 22, 2026.

LATE PROPOSALS WILL NOT BE ACCEPTED

END OF SPECIFICATIONS

https://cityofirvinq.ionwave.net/

RFP ATTACHMENT A

GENERAL INSTRUCTIONS TO PROPOSERS

1. Securing Request for Proposals

Request for Proposals are available through ArgyleTX.com . Prospective respondents must complete the Supplier Registration process in order to download specifications. The Town of Argyle does not charge for solicitation documents. If third-parties offer specifications or solicitation information for a fee, they do not represent the Town. The Town may charge for plans and drawings for construction solicitations.

2. Submission of Sealed Proposals/Late Proposals Proposals are to be submitted as required in the specifications no later than the date and time indicated in the solicitation. All times listed are local times. It is the proposer's responsibility to ensure that proposals are delivered/received by the specified time. Late proposals will not be accepted. If pricing is submitted, it must be in US dollars and cents.

3. Legal Name of Proposer In completing the bid attributes, the proposer must list the legal name of the proposer's company.

This is the name that will be on all contracts, awards, and purchase orders. The attributes also require a statement as to the legal status of the proposer (corporation, partnership, sole proprietorship, etc.).

4. Signature The signature on the required cover letter must be in ink and from an individual with the authority to make contractual commitments for the company. The signatures on the Proposal Form and all other forms must be present in the submittal. Also note that the signature on the final contract must be in ink and from an individual with the authority to commit the company to the delivery of the goods or services at the prices and terms stated.

5. References When references are requested, the References attribute will indicate how many references and will state what other conditions may apply to the references. Proposer will upload an attachment containing the requested references.

6. Conflict of Interest Proposers should review the instructions on conflict of interest (Attachment B). Proposers are to complete and submit the Conflict of Interest form (Attachment C), when a conflict of interest exists.

7. TGC-2271-2274-2276 Verification Form Per Texas Government Code Chapters 2271, 2274, and 2276, any company entering into a contract for goods or services with a government entity effective on or after May 4, 2019 (1) who employs 10 or more full time employees, and (2) has provided a bid or proposal that has a value of $100,000 or more is required to provide verification that said company (1) does not boycott Israel,

(2) will not boycott Israel during the term of this contract, (3) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, (4) will https://cityofirving.ionwave.neuloqin.aspx/ not discriminate during the term of the contract against a firearm entity or firearm trade association,

(5) does not boycott energy companies, and (6) will not boycott energy companies during the term of the contract by inclusion of Attachment D - TGC 2271-2274-2276 Verification Form with their submission in compliance with these requirements.

8. Addendums It is the proposer's responsibility to alter his proposal response based on information updated in one or more addendums to this solicitation. Addendums will be posted at least four days before the proposal due date. Efforts will be made to ensure that proposers receive notice of addendums, but the ultimate responsibility rests with the proposer.

FIRM NAME:_______________

RFP ATTACHMENT B

PROPOSAL FORM FOR CONSTRUCTION MANAGER-AT-RISK

A. Proposal Acknowledgment Having examined in full the Request for Proposal issued by the Town of Argyle, dated August 28, 2026, the undersigned agrees to the following:

1. This Proposal shall remain valid and subject to acceptance for a period of 120 days following the Proposal opening date.

2. The Town of Argyle reserves the right to reject any or all proposals, waive informalities or minor irregularities in the proposal process, and accept the proposal determined by the Town to provide the Best Value.

3. The Offeror agrees to all terms and conditions of the Request for Proposal and takes no exceptions.

4. This Proposal has been prepared independently and is submitted without collusion, communication, or agreement with any person or entity for the purpose of obtaining information, restricting competition, or securing an unfair advantage related to this solicitation.

5. The Town of Argyle reserves the right to negotiate with any Proposer as permitted by applicable law.

B. Addenda Acknowledgment

The undersigned acknowledges receipt of the following addenda:

Addendum No. Date

________ ____________, 2026

________ ____________, 2026

________ ____________, 2026

________ ____________, 2026

C. Fee Proposal

1. Pre-Construction Phase Services

(Including cost estimating and constructability reviews)

Lump Sum Fee:

2. Construction Services Fee

Provide fee for Overhead and Profit as a percentage of the actual Cost of the Work (excluding General Conditions).

Percentage Fee:

3. General Conditions Fee

Complete the General Conditions Fee Forms on the following pages and provide the total amount below.

Total General Conditions Fee:

4. Proposed Allocation of Project Cost Savings

At project completion, any realized cost savings shall be distributed as follows:

Participant Percentage

Owner _____ %

Contractor _____ %

Total 100%

FIRM NAME: ______________

D. Proposer Information

Authorized Signature: ___________________________________

Printed Name: _________________________________________

Title: _______________________________________________

Name of Contracting Firm: ________________________________

Street Address: ________________________________________

City, State, Zip: _______________________________________

Telephone Number: _____________________________________

Date: ________________________________________________

Form of Business Organization: ___________________________

Corporate Seal (if applicable)

E. Submitted By

Company Name: ________________________________________

Authorized Representative: ______________________________

Title: _______________________________________________

Signature: ___________________________________________

Date: ________________________________________________

FIRM NAME: ______________

PROPOSAL FORM FOR GENERAL CONDITIONS FEES

Town of Argyle Law Enforcement Center Complete the applicable information below based on the anticipated project duration.

If a line item is not applicable, indicate "N/A." If included within the Cost of the Work, indicate "COW." If assumed to be paid directly by the Owner, indicate "OWNER."

All labor and material costs listed below that are part of the General Conditions will be used in computing the Guaranteed Maximum Price (GMP). The Owner shall pay the actual cost of General Conditions as defined in AIA Document A133 CMc-2019; however, the amounts listed below shall serve as a Not-to- Exceed amount.

Labor

Item Time (Weeks)* Cost

1. Project Manager (On-Site, Full-Time) LS in Dollars ($__________)

2. Assistant Project Manager (On-Site, Full-Time) LS in Dollars ($__________)

3. Project Manager (Off-Site) LS in Dollars ($__________)

4. Superintendent LS in Dollars ($__________)

5. Assistant Superintendent LS in Dollars ($__________)

6. Clerical Support LS in Dollars ($__________)

7. Project Field Engineer LS in Dollars ($__________)

8. Administrative Assistant LS in Dollars ($__________)

9. General Superintendent LS in Dollars ($__________)

10. Project Executive LS in Dollars ($__________)

11. Project Scheduler LS in Dollars ($__________)

12. Estimator LS in Dollars ($__________)

13. Safety Officer LS in Dollars ($__________)

14. Clerk of the Works LS in Dollars ($__________)

FIRM NAME: _________________

Item Time (Weeks)* Cost

15. Surveyor LS in Dollars ($__________)

16. Other: __________________ LS in Dollars ($__________)

17. Other: __________________ LS in Dollars ($__________)

TOTAL

*Indicate the total number of weeks (40 hours per week) that the identified personnel will be involved in the project.

Itemized Materials

Item Cost

1. Field Engineering Equipment LS in Dollars ($__________)

2. Field Project Office with Available Conference Space LS in Dollars ($__________)

3. Temporary Fire Extinguishers and Safety Equipment LS in Dollars ($__________)

4. Office Furniture LS in Dollars ($__________)

5. Office Supplies LS in Dollars ($__________)

6. Postage / FedEx / Courier Services LS in Dollars ($__________)

7. Document Printing / Reproduction LS in Dollars ($__________)

8. Copy Machine, Toner and Paper LS in Dollars ($__________)

9. Computers, Printers, Networks and Software LS in Dollars ($__________)

10. Telephone, Cellular, Internet and Fax Services LS in Dollars ($__________)

11. Janitorial Services LS in Dollars ($__________)

12. Small Tools and Consumables LS in Dollars ($__________)

13. Equipment Rentals LS in Dollars ($__________)

FIRM NAME: ________________

Item Cost

14. Temporary Site Fencing (LF) Dollars ($__________)

15. Project Signage LS in Dollars ($__________)

16. Builder's Risk Insurance LS in Dollars ($__________)

17. Commercial General Liability Insurance LS in Dollars ($__________)

18. Subcontractor Default Insurance LS in Dollars ($__________)

19. Other Insurance (Specify) LS in Dollars ($__________)

20. Performance and Payment Bonds LS in Dollars ($__________)

21. Building Permit Fees LS in Dollars ($__________)

22. Equipment Freight and Insurance LS in Dollars ($__________)

23. Independent Testing and Inspection (By Owner) LS in Dollars ($__________)

24. Construction Clean-Up LS in Dollars ($__________)

25. Final Clean-Up LS in Dollars ($__________)

26. Dumpster Rental/Dump Fees (_____ CY) EA in Dollars ($__________)

27. Special Testing Equipment Rentals LS in Dollars ($__________)

28. Final Project Cost Certification LS in Dollars ($__________)

29. Equipment Gas and Oil LS in Dollars ($__________)

30. Security LS in Dollars ($__________)

31. Lifting and Hoisting Equipment LS in Dollars ($__________)

32. Temporary Toilets LS in Dollars ($__________)

33. Temporary Storage Trailer/Container LS in Dollars ($__________)

34. Ice and Water LS in Dollars ($__________)

Item Cost

35. Vehicle Use, Mileage, Operation and Fuel LS in Dollars ($__________)

36. Temporary Water and Power Utilities (By Owner) LS in Dollars ($__________)

37. Taxes LS in Dollars ($__________)

38. SWPPP / Erosion Control Measures LS in Dollars ($__________)

39. Lodging and Relocation Expenses LS in Dollars ($__________)

40. Project Meals and Meetings LS in Dollars ($__________)

41. Project Travel Expenses LS in Dollars ($__________)

42. Computer Software LS in Dollars ($__________)

43. Other (Specify): _______________________ LS in Dollars ($__________)

TOTAL

FIRM NAME: _____________________

RFP ATTACHMENT C

INSTRUCTIONS for

CONFLICT OF INTEREST QUESTIONNAIRE

1. If you have a conflict of interest in doing business with the Town of Argyle, use Attachment C, Conflict of Interest questionnaire Conflicts of interest are addressed in Texas Local Government Code, Chapter 176.

2. You may consult your attorney on questions arising from the reading of Texas Local Government Code, Chapter 176, and you may contact the Texas Ethics Commission at 512-463-5800 or 800-325-8506.

3. If you complete Attachment C, Conflict of Interest questionnaire:

• Put the name of bidder and name of company in block #1.

• If any person employed by bidder or bidder's company has any known business conflicts, other than previous contracts awarded through a competitive bidding process, or has an existing relationship with any employee of the Town of Argyle, list that information in block #3 as appropriate.

• Sign in block #4.

4. COI form is good for one year, and must be re-filed if conflict still exists.

5. Listings of Town elected officials and local government officers may be found on the Town's website: www.ArgyleTX.com.

6. A person failing to file a Conflict of Interest questionnaire, when required by Local Government Code, Chapter 176, commits a Class C misdemeanor.

http://www.argyletx.com./

RFP ATTACHMENT D

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local government entity For vendor doing business with local governmental entity

FORM CIQ

This 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 governmental 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.

OFFICE USE ONLY

Date Received

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 7th 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

8. 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 interest 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.

Signature of vendor doing business with the governmental entity

Date

Adopted 8/7/2015

RFP ATTACHMENT E

State Required Verifications

REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2271, 2274, and 2276

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel;

2. Company will not boycott Israel during the term of the contract.

3. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;

4. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association;

5. Company does not boycott energy companies; and

6. Company will not boycott energy companies during the term of the contract.

SIGNED BY:

Print Name:

Title:

Company Name:

Date Signed:

THE STATE OF

COUNTY OF

NOTARIZATION

BEFORE :ME, the undersigned notary public on this day personally appeared

-------�on behalf of (Company Name), who, being duly sworn, stated under oath that he/she has read the foregoing verification required and said statements contained therein are true and correct.

SWORN TO AND SUBSCRIBED before me on the day of 2026_.

Notary Public In and For the State of

The following definitions apply to TEXAS GOVERNMENT CODE:

(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes;

and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit, but does not include a sole proprietorship.

Additional definitions under TEXAS GOVERN:MENT CODE SECTION can be found here: https://statutes.capitol.texas.eov{I

State law requires verification from a Company for a contract involving goods or services: (1) between a government entity and a Company with 10 or more full-time employees, and (2) that has a value of$100,000 or more to be paid wholly or partly from public funds, before the Town can enter into the contract.

https://statutes.capitol.texas.eov/

RFP ATTACHMENT F

INSTRUCTIONS for

State Law Mandated Certificate of Interested Parties Form

1. Pursuant to House Bill 1295 passed by the 84th Texas Legislature (Section 2252.908, Texas

Government Code, as amended) and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the Argyle Town Council must be accompanied by an original signature unsworn declaration, Certificate of Interested Parties, Form 1295.

2. Form 1295 must be completed in accordance with the TEC Rules:

(https://www.ethics.state.tx.us/rules/commission/ch46.pho ) and Section 2252.908 of the Texas Government Code, as amended:

(http://www.leqis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm).

3. For questions or issues regarding the TEC rules and state law provisions and how Form 1295 should be completed, please consult with your own legal counsel.

4. In order to fill out and submit Form 1295, you will need to log in as directed on the TEC website:

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

Tutorials for creating an account and for creating and submitting Form 1295 may also be found on this web page.

5. Please provide the bolded information exactly as it appears below when creating your certificate:

Who is the contract with? Click the button for Other Government Entity

Agency/Entity Name: Town of Argyle

Contract ID Number:

Description of Goods and Services to be provided: Construction Manager at Risk for Law Enforcement Center

6. All other fields as required or as applicable to the individual vendor must be completed as explained in the tutorial video.

7. Vendors must provide a signed, original signature copy of this form no later than 14 days after

Notice of Recommendation for Award is received. All documents shall be signed by an Officer, Director or other Authorized Agent of the company. If the individual signing as Authorized Agent is not an officer or director of the company, appropriate documentation must be included with these documents to confirm that the individual has the authority to bind the company contractually.

https://www.ethics.state.tx.us/rules/commission/ch46.pho http://www.leqis.state.tx.us/tlodocs/84R/billtext/html/HB01295F.htm) https://www.ethics.state.tx.us/filinqinfo/1295/

RFP ATTACHMENT G

BONDING REQUIREMENTS for

CONSTRUCTION-MANAGER-AT-RISK

Security Bond and Letter of Bonding Capacity

Within ten (10) days from the date of contract execution, the awarded bidder will be required to provide a Security Bond in the amount of 1% of the Total Construction Budget, or other financial security acceptable to the Town as specified in the RFP., For the pre-construction phase of the project until the Guaranteed Maximum Price ("GMP") is established and Payment and Performance Bonds are obtained for the full amount of the GMP as required by the Texas Government Code Chapter 2269. Bonding must be made by a bonding company authorized to do business in the State of Texas, on the Treasury Department's list of approved sureties, and using the Town of Argyle's bonding form. Bond rating must be A- or better. The awarded bidder must also produce a letter stating the amount of bonding capacity available from the surety.

Performance, Payment, and Maintenance Bonds

Within ten (10) calendar days after the GMP is agreed to by the parties, the awarded bidder shall provide for the benefit of the Owner, the Town of Argyle, Texas, Performance, Payment, and Maintenance Bonds in the forms provided by the Town in the amount of 100% of the total sum of the GMP, the cost of which are to be paid by the CMAR as part of the General Conditions. Bonding must be made by a surety company that must have:

l. A currently valid license issued by the State of Texas, Department of

Insurance, authorizing it to write surety bonds in the State of Texas.

2. A currently valid Certificate of Authority issued by the United States

Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.

3. Be in full compliance with the provisions of the Texas Insurance Code.

4. At least twice the minimum surplus and capital required by the Texas

Insurance Code at the time of bonding.

5. Be fully performable in Texas, with service and venue in Denton County, Texas.

6. The bond rating shall be at least "A-" minimum rating or better.

RFP ATTACHMENT H

AFFIDAVIT FOR BONDING REQUIREMENTS

To be completed by Surety Company and Respondent

1. Section 1 I, the undersigned Agent/Broker, reviewed the insurance requirements contained in Solicitation 107D-26F. If the Respondent listed below is awarded a contract by the Town of Argyle for this solicitation, I will furnish the Town, within fifteen calendar days of notification of award, an insurance certificate and Declaration Page with Endorsements to show that all insurance requirements have been met, including naming the Town of Argyle as additional insured.

2. Agent's Name:

3. Agency Name:

4.

5. Address:

City/State/ZIP:

Telephone No: ( ) E-mail Address:

Bidder's Name/Company:

Name of ITB/RFP:

Insurance Agent/Broker Signature:

Date:

6. Complete legal name of respondent’s business

7. Surety company's legal name (must be an insurance company, not an insurance agent) This is company providing performance and payment bonds for bidder.

8. Surety's address

9. Surety's state of incorporation

10. Name of Attorney-in-Fact for the Surety Company.

By submitting a proposal and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements and policy endorsement within fifteen calendar days of notification of award.

11. Name and address of the Resident Agent of the Surety Company.

AFFIDAVIT

SUBMIT THIS COMPLETED PAGE SIGNED BY YOUR SURETY COMPANY (OR

SIMILAR STATEMENT SIGNED BY YOUR SURETY COMPANY) AND TURN IN

WITH BID OR PROPOSAL

Notice of Intent to Bond or similar documentation from approved surety company indicating that bidder can acquire bonding upon award.

Surety Company Signature:_______________________ Date:____________

Section 2 If the above fifteen day requirement is not met, the Town of Argyle has the right to reject this bid and award the contract to the next lowest bidder meeting specifications or to the next most favorable proposal. Questions concerning these requirements, and requests for exceptions, must be submitted by date included in Respondents' Instructions.

Signature: Date:

At his own expense, contractor shall procure and maintain for the duration of the proposed contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the contractor, his agents, representatives, or subcontractors. Said insurance shall be in the type(s} and minimum(s} listed below. Requirements may alternately be satisfied by a combination of primary and excess or umbrella policies upon approval by the Town Manager.

RFP ATTACHMENT I

INSURANCE REQUIREMENTS FOR VERTICAL CONSTRUCTION SERVICES

Workers' Compensation and Employers' Liability

Workers' Compensation Insurance with statutory limits as required by the Labor Code of the State of Texas and Employers' Liability Insurance with minimum limits of $1,000,000 per each accident, $1,000,000 disease policy limit, and $1,000,000 occupational disease per employee.

Workers' Compensation coverage shall be based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements which meet the statutory requirements of the Texas Labor Code and shall apply to all employees of the contractor providing services under the proposed contract.

Commercial General Liability Insurance

Commercial General Liability minimum limits of $1,000,000 per occurrence for bodily injury, personal injury, and property damage. Aggregate Policy minimum limit of $2,000,000 will include coverage for, but is not limited to, Premises-Operations, Broad Form Contractual Liability, Broad Form Property Damage, Products and Completed Operations, Personal Injury, Independent Contractors and Contractual Liability, Use of Contractors and Subcontractors, and Explosion Collapse and Underground (XCU) Coverage as applicable. An aggregate loss limit per project endorsement will also be required. Coverage under this policy shall be on an "occurrence" basis.

The Commercial General Liability (Public) insurance policy shall include an endorsement "Amendment Aggregate Limit of Insurance per Project". The endorsement shall preserve the entire aggregate required in the Commercial General Liability (Public) insurance policy for the exclusive use in this contract. As an alternative to the endorsement, the contractor can purchase an Owner's and Contractor's Protective Liability Insurance policy for the project. The Commercial General Liability (Public) insurance policy shall be on an "Occurrence" basis. The Contractor shall be required to have additional insurance for all work performed within railroad R.O.W. as required by the owner of such R.O.W. and said insurance shall be in addition to the insurance amount required in sub-paragraph (A).

Business Automobile Liability Insurance

Automobile Liability Insurance with a coverage minimum of $1,000,000 Combined Single Limit.

Coverage shall include all owned, hired, and non-owned vehicles used in performance of the proposed contract. The combined coverage limits of this insurance shall include bodily injury (including death) and property damage.

Umbrella Liability Insurance Umbrella Liability Insurance with a coverage up to $5,000,000 to follow form of the Contractor's commercial general liability and automobile liability policies.

Builders Risk (Only Required On New, Ground-Up Construction Projects, Or When A

Building Is Being Substantially Renovated)

Builders Risk Insurance for installations which cover such items as equipment, supplies, and materials used by contractor at each location under construction as stipulated in the contract.

Coverage under this policy shall be on an all-risk basis. Town of Argyle shall be shown as loss payee on a completed value form with insurance coverage equal to the completed value of the installation.

General Provisions

1. SCOPE - These provisions apply to all contracted vendors unless specifically exempted in the proposed contract. Coverage shall state that the Contractor's insurance shall apply separately to each insured against whose claim is made, or suit is brought, except to the limits of the insured's liability.

2. COVERAGE APPLICATION - Contractor's insurance must be primary as respect to the Town, its officers, employees, elected officials, appointees, and volunteers and noncontributory with any other insurance, including self-insurance, maintained by the Town for its benefit. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town.

3. DEDUCTIBLES AND SELF-INSURED RETENTIONS - Any deductibles or self-insured retentions must be disclosed to the Town. The Town reserves the right to review the insurance obtained by the contractor, in comparison to the requirements specified in this section.

4. ADDITIONAL INSURED - The Town of Argyle, including its officers, officials, employees, Boards and Commissions, and volunteers shall be named as an additional insured by endorsement to the coverage listed herein, excluding Workers' Compensation and Employers' Liability (for which a waiver of subrogation is required to be issued in favor of the Town), with regard to the insured's activities as required by written contract. The coverage shall contain no special limitations on the scope of protection afforded to the Town, and all premiums arising from the coverage herein shall be the responsibility of the insured.

5. COVERAGE CONTINUATION AND CANCELLATION - In the event any insurance policy shown on the certificate(s) of insurance has an expiration date prior to the completion of the contract, the contractor shall furnish the Town proof of identical continued coverage no later than thirty days prior to the expiration date shown on the certificate. Failure to maintain continuous coverage during the term of the proposed contract, or failure to provide proof of coverage at any time during the term of the contract, may result in cessation of work and/or termination of the contract. Coverage shall not be canceled, non-renewed, or materially altered except after thirty days prior written notice by certified mail (return receipt requested) to Town Manager, 308 Denton St.

E, Argyle, TX 76226.

6. SUBROGATION - Contractor must waive all rights of subrogation against the Town of Argyle for bodily injury (including death), property damage, or any other loss arising from work performed by the Contractor for the Town.

7. SUBCONTRACTORS - Without limiting any of the other obligations or liabilities of the contractor, the contractor shall require each subcontractor performing work under the proposed contract to maintain, during the term of the contract, levels of insurance that are necessary and appropriate for the services being provided, comply with all applicable laws, and are consistent with industry standards. The subcontractor's liability insurance shall name the Contractor and Town as additional insured. The Contractor shall obtain and monitor the certificates of insurance from each subcontractor. The Contractor must retain the certificates of insurance for the duration of the contract and shall have the responsibility of enforcing insurance requirements among its subcontractors. The Town shall be entitled, upon request and without expense, to receive copies of these certificates.

8. RESPONSIBILITY - Approval, disapproval, or failure to act by the Town regarding any insurance supplied by the contractor or its subcontractors shall not relieve the contractor of full responsibility or liability for damages and accidents as set forth in the contract documents.

By submitting a bid or proposal without previously approved exceptions, contractor agrees to the following general provisions. Requests for exceptions to general provisions and/or coverages must be submitted with your bid. Exceptions must be approved in writing by Town's representative prior to any recommendation for award. The Town will not accept requests for exceptions after bids have been received.

9. ACCEPTABILITY - The Town retains the right to approve the acceptability of insurers. As a general rule, the Town will accept insurers authorized to transact business in the State of Texas with an A. M. Best rating of "A- VI "or better.

10. PAYMENT OF PREMIUMS - Companies issuing insurance policies shall have no recourse against the Town for payment of any premiums or assessments for any deductibles which are the sole responsibility and liability of the contractor.

Proof of Insurance

1. To show ability to meet these insurance requirements, bidders must submit insurance affidavit (Attachment I) as part of their response to this solicitation.

2. Upon notice of award, awarded contractor must submit to the Town of Argyle, within fourteen calendar days, proof of all insurance coverages required by this solicitation.

3. Proof of insurance shall be furnished to the Town on the ACORD certificate form, provided the appropriate endorsements for Additional Insured and Amendment of Aggregate Limits per Project are included.

4. The contractor must provide a copy of the Declaration Page of the policy with all relevant policy endorsements, including endorsement showing Town of Argyle as Additional Insured, within fourteen days of request. Copy must be signed by the contractor and notarized.

5. Required proof of insurance must be provided by awarded contractor before the Town will authorize any work to be performed under this proposed contract.

6. The Town reserves the right to request a complete copy of all insurance policies at any time.

By submitting a proposal and signing below I affirm the following: I am aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements and policy endorsement within fifteen calendar days of notification of award.

RFP ATTACHMENT J

AFFIDAVIT FOR INSURANCE REQUIREMENTS

To Be Completed By Insurance Agent/Broker and Respondent

Section 1 I, the undersigned Agent/Broker, reviewed the insurance requirements contained in Solicitation 107D-26F. If the Respondent listed below is awarded a contract by the Town of Argyle for this solicitation, I will furnish the Town, within fifteen calendar days of notification of award, an insurance certificate and Declaration Page with Endorsements to show that all insurance requirements have been met, including naming the Town of Argyle as additional insured.

Agent's Name:

Agency Name:

Address:

City/State/ZIP:

Telephone No: ( ) E-mail Address:

Bidder's Name/Company:

Name of ITB/RFP:

Insurance Agent/Broker Signature: Date:

Section 2 If the above fifteen day requirement is not met, the Town of Argyle has the right to reject this bid and award the contract to the next lowest bidder meeting specifications or to the next most favorable proposal.

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File details come from the government source that posted it. Updated .