Pflugerville ISD 1401 West Pecan

Pflugerville, TX 78660 512-594-0074

Construction Manager-at-Risk (CMR) for Construction of Multipurpose Rooms

- DMS and PMS

26-022JO

TERMS, CONDITIONS, SPECIFICATIONS

AND BID FORMS

PROPOSALS ACCEPTED UNTIL: April 22, 2026 @ 2:00 pm

ACCEPTANCE PLACE: Pflugerville ISD Purchasing Department https://pfisd.bonfirehub.com/projects/225912/details

CONTACT: Janie Ornelas Director of Procurement & Aux Svs 512-594-0074

Guadalupe.Ornelas@pfisd.net mailto:Guadalupe.Ornelas@pfisd.net

SPECIAL TERMS AND CONDITIONS

SCOPE OF WORK

1. Pursuant to the provisions of Government Code 2269, it is the intention of the Pflugerville Independent School District (the District) to select a Construction Manager-at-Risk through a one-step proposal process for the purpose of constructing a multipurpose room addition at Dessau Middle School and Pflugerville Middle School.

Persons or entities submitting proposals are referred to herein as proposer(s). The awarded firm will be expected to provide services in accordance with specifications and conditions embodied within this document.

2. The scope of this project includes the construction of an approximately 4,000 square foot multipurpose room at 2 middle school locations. Campuses will include:

● Dessau Middle School

● Pflugerville Middle School

3. The preliminary total construction budget for all campuses is $5,500,000. The actual budget may increase, depending upon Alternate Pricing, funding availability, and which campuses are awarded.

4. PfISD intends to complete these middle school multipurpose room additions within 1 calendar year from permit approvals.

5. Proposals are to include the information requested in the Proposal Instructions section of this Request for Proposals in the sequence and format prescribed. In addition to, and separate from the requested information, proposer(s) may provide supplementary materials further describing their capabilities and experience.

6. All changes and/or additions shall be posted by written addendum and shall become a part of the proposer’s official proposal.

7. Final completion for these projects will be adjusted based on permit approvals by all AHJ’s. Currently we anticipate final completion by July 30, 2027.

8. The warranty, general, special terms and conditions, insurance, submittal documents and specifications as stated herein shall apply and shall not be nullified, voided or altered in any way by the inclusion of the proposer's pre-printed forms with this proposal or any other document submitted during delivery of product, invoicing, acknowledgement letters, emails, faxes, routine communications between the contracted parties, of subcontract employees, or third parties unless specifically acknowledged and agreed in writing by PfISD.

9. Contractor shall comply with district approved Prevailing Wage recommendations. (This rate shall be used to establish minimum wage rates only, as per Texas Labor Code 5159 (a), Section 2).

10. Pflugerville Independent School District shall retain five percent (5%) of the total contract amount until such time as all required warranties, testing documents, and punch-list items are completed and approved.

11. Upon receipt of proposals, the District will review the proposals and may request additional information, including product or service presentations, as deemed appropriate.

SUBMITTAL OF PROPOSALS

12. Proposals may be submitted until April 22nd, 2026 at 2:00 pm (local) through the Euna/Bonfire portal: click this link: https://pfisd.bonfirehub.com/projects/225912/details, after which time the proposals will be publicly acknowledged and read aloud. The proposal opening will take place at the Purchasing Department, Pflugerville ISD Support Services Bldg., 2021 Crystal Bend, Pflugerville, Texas 78660

13. The Euna/Bonfire site will close this part of the project and will not allow you to submit your proposal after 2:00

PM on April 22, 2026. No late or faxed proposals will be accepted.

14. Immediately thereafter, District staff will evaluate and rank each proposal in relation to the selection criteria set forth herein.

15. A short list of firms may be selected for interviews.

16. An award recommendation is projected to be made to the Board of Trustees on May 21st, 2026.

17. Bid tabulations may be requested once an award has been made.

18. Proposers shall submit one (1) original, and one electronic copy by flash drive of their response.

Submitted proposals must be identical. Both the Euna/Bonfire bid pricing must be identical. By submitting a proposal, your firm agrees to abide by these conditions.

19. Submittals are to be sealed and clearly labeled as “original” and must include the bid title, bid number, due date and time of opening. Proposals must be tabbed in the exact order described later in this document. Failure to follow these instructions may result in rejection of your response.

20. The Owner may disqualify any Proposal not prepared and submitted in accordance with the proposal provisions.

21. By execution and submission of a Proposal, the proposer attests and affirms that the proposal will engage subcontractors on the project that are skilled and experienced in the use and interpretation of plans, specifications, addenda and related Proposal documents and, that he/she has carefully reviewed all available plans, specifications, addenda and related Proposal documents for this project and has found them to be free of conflicts and/or ambiguities and sufficient for Proposing and construction purposes. Further, he/she has carefully examined the project site if known and is familiar with all conditions under which the work will be performed, and through personal observations, is satisfied as to the nature, location and requirements of the work; the character, quality and quantity of materials required; the difficulties likely to be encountered; the other items and/or conditions which may affect the satisfactory performance of the work. The Proposer also acknowledges that their proposal is solely based on these documents, personal observations and has not relied in any way on any explanation or interpretation - oral or written - from any source other than those written and issued by the Owner or Architect as an official addendum to this proposal.

22. By submitting a proposal, proposer agrees to waive any claim it has or may have against the Owner, the Architect/Engineer, and their respective employees arising out of or in connection with the administration, evaluation, or recommendation of any Proposal; waiver of any requirements under the Proposal Documents, or the Contract Documents; and award of the Contract.

QUESTIONS

23. The deadline for submitting questions is 12:00 pm CST, April 7th, 2026. Questions should be submitted through the Euna/bonfire portal: https://pfisd.bonfirehub.com/projects/225912/details

24. Answers to questions shall be posted by the end of business on April 9th, 2026 through the Euan/Bonfire portal: https://pfisd.bonfirehub.com/projects/225912/details The Euna/Bonfire link will be made public on the district’s website Procurement and Auxiliary Services Current Bid Opportunities

25. Questions will not be accepted by phone. Pflugerville ISD will only respond to questions submitted as directed above.

https://www.pfisd.net/about-us/departments/procurement-and-auxiliary-services/information-for-vendors/bidding-opportunities

TIMELINE

26. The following timeline will be used (subject to change):

Event Date

RFP Available March 12, 2026

Pre-proposal Conference March 25, 2026 @ 9:00 am

Vendor Questions Due April 7, 2026 @ 12:00 pm

Answers Posted by April 9, 2006 @ 5:00 pm

Proposals Due April 22, 2026 @ 2:00 pm

Proposal Award (Anticipated) May 21, 2026

Awards Posted (Anticipated) May 22, 2026

Construction Begins September 2026

Substantial Completion Date 50 weeks from start of construction

Final Completion Date 52 weeks from start of construction

PRE-BID CONFERENCE & SITE VISITS

27. A Pre-Bid Conference will be held on March 25, 2026 at 9:00am at the following location:

Pflugerville ISD Support Services 2021 Crystal Bend Pflugerville, TX 78660.

Phone: 512-594-0200

PERMITS AND LICENSES

28. Proposers should be fully licensed to complete all work required. Copies of all applicable licenses should be provided with your response.

FORM OF CONTRACT

29. The contract between the Pflugerville Independent School District and the awarded proposer shall be the Standard Form of Agreement between Owner and Construction Manager where the Construction Manager is also the constructor, AIA Document A133-2019, as amended by the owner for this project. The General Conditions shall be the General Conditions of the Contract for Construction, AIA Document A201-2017, as amended by the owner for this project.

BONDING REQUIREMENTS

30. Bonds will be required for this project. Individual requirements are addressed below.

Bid Bond

A bid bond is required for this project.

Payment and Performance Bonds

Payment and Performance Bonds in the amount of 100% of the contract price must be provided by the awarded firm within five days of Guaranteed Maximum Price (GMP) submission.

INSURANCE REQUIREMENTS

28. Worker’s Compensation - Statutory

Employer’s Liability - $1,000,000 Commercial General Liability

Each Occurrence - $1,000,000

General Aggregate - $2,000,000 (A Designated Construction Project

General Aggregate Limit shall be provided.)

Property Damage - $1,000,000 Each Occurrence $2,000,000 Aggregate

Independent Contractors (Same limits as above) Contractual Liability (Same limits as above)

Automobile Liability

Bodily Injury/Property Damage $1,000,000 combined single limit Property Damage $1,000,000 each occurrence

Umbrella or Excess Liability - $5,000,000 each occurrence/aggregate

AWARD OF CONTRACT(S)

29. Pflugerville ISD may award single or multiple contracts to fulfill the requirements of this opportunity, depending on the method determined to be in the best interest of Pflugerville ISD.

30. After the proposals have been ranked, the District will attempt to negotiate an agreement with the firm or firms providing the highest ranked proposal(s). If the District is unable to negotiate an agreement with the selected firm(s), the District shall formally, and in writing, end negotiations with that firm and begin the negotiation process with the next ranked firm. This process will repeat itself until a contract is negotiated or all proposals have been rejected.

EVALUATION CRITERIA

31. Evaluation shall be based upon the following criteria (100 points possible):

(1) The contract price (1-25 points).

(2) The reputation of the construction manager’s services (1-15 points)

(3) The quality of the construction manager’s services and personnel (1-20 points)

(4) The extent to which the construction manager’s services meet the district’s needs - including experience with Texas school districts, technical competence, the ability to process submittals in a timely manner, the ability to complete projects timely and within budget, follow up on warranty and corrective work, performance of work with in-house trades, cost savings methodology, project scheduling ability and control, and the construction manager’s current work load, etc. (1-20 points)

(5) Past experience with PfISD (1-10 points)

(6) Construction Manager’s stability -financial stability, bond rating and bonding capacity (1-5 points)

(7) Litigation History (1-5 points)

TOTAL POINTS (100 points)

STANDARD TERMS AND CONDITIONS

FACTS, STATISTICS, AND DEFINITIONS

1. Pflugerville ISD (also referred to as “the district” or “PISD”) currently has over 26,000 students and operates twenty-one elementary schools with grades Pre-K through grade five; six middle schools with grades 6-8; and four high schools with grades 9–12 and two alternative campuses. Other District facilities include Administration, Support Services, Technology, and Transportation Buildings.

2. Throughout the standard terms and conditions, the district will make use of the term “bid”. Use of this term should be considered descriptive and is intended to reference all procurement options currently used by the district. This includes bids, sealed proposals, requests for proposals, requests for qualifications and formal quotes.

The terms and conditions contained herein apply to all procurement methods the district may use.

BID SUBMITTAL

3. Vendors must include the properly executed bid forms, attachments and addenda as specified in the bid documents. Responses that do not include all requested information may be disqualified.

4. All prices and quotations must be typed or written in ink. Mistakes may be crossed out and the correction inserted adjacently, corrections must be initialed. In case of calculation errors, unit price shall govern.

5. It is understood that quantities, where listed, are to be considered estimated needs only. Pflugerville ISD reserves the right to increase or decrease quantities ordered as needed.

6. Bids are to be sealed and clearly labeled as “original” or “copy” and must include the bid number, bid title, due date and time of opening.

Failure to follow these instructions may result in rejection of bid.

7. PFLUGERVILLE ISD WILL NOT ACCEPT LATE, FAXED OR

EMAILED, BIDS. PFLUGERVILLE ISD IS NOT RESPONSIBLE

FOR BID DELIVERED INCORRECTLY OR MISPLACED BIDS.

THE DATE/TIME STAMP IN THE PFLUGERVILLE ISD

PURCHASING OFFICE SHALL BE THE OFFICIAL TIME OF

RECEIPT.

8. All bids shall be deemed final. No offer shall be subject to correction or amendment for errors or miscalculations after the bid deadline.

Bids may be withdrawn or amended until the date and time due, at which time they become the sole property of Pflugerville Independent School District.

9. Pflugerville ISD reserves the right to request additional or clarifying information after the bid response has been submitted. This information may be used to further evaluate the response or qualify overall cost associated with a proposed solution.

10. Any problems or discrepancies that are discovered in relation to this bid process should be directed to the PISD Director of Purchasing for a determination or clarification prior to the bid due date. If the vendor fails to make such request, no excuse will thereafter be entertained for failure to carry out the work in a satisfactory manner.

11. If any of the information is considered to be confidential or a trade secret belonging to the vendor and, if released would give advantage to a competitor or vendor, that information should be filed with the submittal in a separate envelope marked

“CONFIDENTIAL - DO NOT DUPLICATE WITHOUT

PERMISSION”. Acceptance of such materials does not constitute an admission by PISD that the materials are confidential or a trade secret. (Government Code, Article 252.049)

12. Samples, if applicable or when requested, shall be furnished at no cost to Pflugerville ISD. If not destroyed during the evaluation, samples will be returned to the bidder upon request at the bidder’s expense. If no return request is received within seven (7) days of bid award, the sample may be destroyed.

13. Bidders are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder’s own risk and bidder cannot secure relief on the plea of error.

14. Any catalog, brand name or manufacturer’s reference used herein is intended to be descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on items of like quality will be considered. Pflugerville ISD retains sole authority to determine if items being bid are of like quality and to accept or reject proposed substitutions as deemed to be in the best interests of the district.

15. The apparent silence of these specifications as to any detail or the apparent omission of detailed descriptions concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement.

16. Withdrawal of bids will not be allowed for a period of 45 days following the bid opening.

DEVIATIONS FROM SPECIFICATIONS

17. All deviations from the general conditions and/or specifications must be listed on the Deviations Page of this bid document.

Listing of deviations is an integral and required part of the official bid of each firm. Failure to list deviations as directed will hold the bidder strictly accountable to the District’s specifications as written. PfISD shall be the sole interpreter as to the acceptance of any substitution. All substitution must be pre-approved by Pflugerville ISD.

AWARD OF CONTRACT(S)

18. Pflugerville ISD reserves the right to award the Contract(s) to the vendor(s) offering the best value, and not necessarily to the vendor proposing the lowest price. However, the district reserves the right to award single or multiple contracts; waive technicalities or to not award any contracts as a result of this bid process. PISD reserves the right to award in any manner deemed to be in the best interest of the district.

19. PISD is environmentally conscious and prefers that vendors doing business with PISD use packaging materials made from recycled paper, plastics, cardboard, wood, etc.

20. The specific criteria to be used for evaluation and award of this contract shall be outlined under the Special Instructions/ Conditions.

21. It is not the policy of the Pflugerville Independent School

District to purchase on the basis of low price alone.

22. Vendors submitting an "All or None", bid will not be considered for anything other than the entire award. Therefore, a vendor who specifies "All or None" and does not submit a bid for all items solicited will be deemed non-responsive.

23. Successful vendors will be notified by an award notification letter.

24. Pflugerville ISD reserves the right to accept or reject any or all offers, to waive formalities and to accept the offer(s) that is determined to be in the best interest of the District.

25. These conditions are applicable and form a part of any contract documents resulting from this bid process, including purchase orders. In case of conflict, the bid documents shall take precedence.

26. If this is a renewable contract, PISD reserves the right to extend the prices, terms, and conditions of this contract with any or all vendors that agree to a contract extension. The prices, terms, and conditions of this Agreement will govern all extensions and renewals with Vendor(s), unless mutually amended in writing and duly authorized by both parties.

27. Successful Bidder agrees to defend, indemnify and hold harmless Pflugerville ISD and all its officers, agents and employees from any and all claims or liabilities regarding death, injuries, or property damages arising out of Vendor’s activities under this agreement.

Successful bidder shall pay any judgment with costs which may be obtained against Pflugerville ISD for such damages.

28. The successful bidder shall not sell, assign, transfer or convey this contract in whole or in part without the prior written consent of the Pflugerville ISD Director of Purchasing. Payment can only be made to the vendor(s) awarded as a result of this bid.

29. Vendor agrees to provide and pay for all labor, materials, and equipment necessary for the proper execution and completion of work under this Agreement.

30. Vendor shall secure and pay for any fees, licenses, or permits necessary for the successful completion and proper execution of the work, be it community, city, county, or state requirement.

31. Vendor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work site any unfit person or anyone not skilled in the required tasks.

32. Vendor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations.

33. Vendor agrees that all work related to this contract shall be done as an independent contractor and that the persons doing such work shall not be considered employees of the District. Seller shall maintain all necessary insurance coverage as required by statute as well as any additional coverage specifically required within this bid document.

34. Upon receipt of a written deficiency notice, contractor shall have ten

(10) days to provide a satisfactory response to PISD. Failure to adequately address all issues of concern may result in contract cancellation.

DELIVERIES

35. N/A

ORDERING

36. All orders must be accompanied by a purchase order or purchase order number. Ordering shall be allowed by phone, fax, in person, or by mail as long as a purchase order number is provided.

37. Pflugerville ISD is not liable for orders accepted without a valid purchase order. Payment will not be made for services rendered or goods provided without a valid district purchase order. Failure to observe this requirement may result in contract termination.

PAYMENT

38. Sellers shall submit separate invoices, on each purchase order after each delivery. Invoices shall indicate the purchase order number, and bid number, shall be itemized and transportation charges, if any, shall be listed separately. Invoices should detail all work performed and materials provided, by date and quantity.

39. Invoices should be mailed to Pflugerville Independent

School District, Attn: Accounts Payable, 1401 West Pecan, Pflugerville, TX 78660. Payment shall not be due until the above instruments are submitted after delivery. Suppliers should keep the Finance Department advised of any changes in your remittance addresses.

40. Do not include Federal Excise, State or City Sales Tax. PISD is exempt from payment of these taxes and will furnish a tax exemption certificate, if requested.

41. PISD agrees to pay the supplier within thirty (30) days after receipt of uncontested invoices for the receipt of all supplies, aids or equipment, or the day on which services were completed, or the day on which the invoice was received, whichever is later.

42. PISD agrees to notify the supplier of an error or contested invoice. PISD and supplier hereby agree to mutually resolve disputed invoices within sixty (60) days of receipt of notice of the dispute.

INTERPRETATION

43. PISD shall be sole interpreter of the terms, conditions, specifications, and performance requirements contained herein.

WARRANTY AND RETURNS

44. N/A

TERMINATION OF AGREEMENT

45. This contract may be terminated by the PISD for cause or convenience with a 30 day written notice. In the event of cancellation, the district will not be held responsible for loss of business or any termination expenses incurred by the bidder.

46. This contract is conditioned on a best efforts attempt by the District to obtain and appropriate funds for payment of the contract.” Loss of funding shall constitute grounds for termination of the parties’ contractual relationship by PISD, in whole or in part, without penalty, pecuniary risk or further liability to PISD.

47. In the event the proposal expires before a mutually agreed contract renewal is executed, vendor shall extend the contract on a month-to-month basis by mutual agreement.

PENALTIES FOR NON-PERFORMANCE

48. If the vendor or its subcontractors fail to fulfill or abide by the terms, conditions, or specifications of the contract (including price), Pflugerville ISD’s remedies include but are not limited to:

a. Purchase on the open market and charge the proposing vendor the difference between contract and actual price, or

b. Deduct charges from existing invoice totals due at the time, or

c. Cancel the contract within (30) days written notification, or

d. Award to the next lowest responsible vendor, if acceptable to PISD.

NOTIFICATION OF CRIMINAL HISTORY

49. The attached criminal history form must be completed and returned as a part of this bid, if applicable.

50. All Vendor employees who will have direct contact with students shall supply information required by Texas Education Code Section 22.0834 to the appropriate authorities. Under no circumstances shall Vendor be allowed to use employees, agents or subcontractors on district property who have been convicted of a felony or a crime involving sexual misconduct. Vendor shall require all employees, agents and subcontractors to comply with campus access policies, designated parking policies and other requirements necessary to comply with Texas Education Code Section 22.0834.

51. The awarded vendor(s) shall insure that all entities with which it contracts shall supply information regarding criminal records history of any employee, agent or consultant who shall be present on Pflugerville ISD property at any time.

UNIFORM COMMERCIAL CODE

52. If applicable, this agreement shall be governed by the Uniform Commercial Code. Wherever the Uniform Commercial Code is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas effective and in force on the date of this agreement.

ORDINANCE, LAW, DISPUTE RESOLUTION AND VENUE

53. The contractor shall comply with all local, state, and federal ordinances, laws and regulations pertaining to the operations covered under this contract. It shall be the obligation of the contractor to apply for, pay for, and obtain all permits and licenses as required by the various agencies of state and local governments.

54. Both parties agree that a good faith effort will be put forth to resolve any and all disputes arising from this contract. After thirty days of impasse, outside arbitration may be sought by the District.

55. This agreement will be governed and construed according to the laws of the State of Texas. Both parties agree that the venue for any litigation arising from this contract shall lie in Travis County, Texas

56. Neither party shall be liable in damages for any delay or default in the performance of this contract if such delay or default is caused by conditions beyond its own control including, but not limited to, Acts of God, government restrictions, wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected.

57. Successful bidder shall be required to comply with applicable equal employment opportunity laws and regulations.

58. Successful bidders agree to protect PISD from claims involving infringement of patent or copyright.

59. Any required notice provided to successful bidder by Pflugerville ISD shall be deemed to have been given and received on the next day after such written notice has been sent via Certified Mail to the bidder’s address as provided in response to this bid opportunity.

60. ALL PROVISIONS LISTED WITHIN THIS BID BECOME A PART

OF THE TERMS AND CONDITIONS OF ANY RESULTING

CONTRACT UNLESS SPECIFICALLY EXCLUDED AND AGREED

TO BY PFLUGERVILLE ISD. ANY EXCEPTIONS MUST BE

LISTED ON THE DEVIATIONS PAGE WITHIN THIS INQUIRY.

ANY AND ALL CONDITIONS SPECIFIED WITHIN THIS

PROPOSAL DOCUMENT WILL AUTOMATICALLY BECOME A

PART OF ANY ADDITIONAL CONTRACT TERMS WHETHER OR

NOT THEY ARE SPECIFICALLY STATED WITHIN THAT

ADDITIONAL AGREEMENT. Vendor understands and agrees that any terms and conditions submitted by Vendor as part of its bid are not incorporated into any agreement UNLESS

SPECIFCALLY LISTED ON THE DEVIATIONS PAGE AND

included in any final agreement executed between Vendor and the duly authorized representative of PISD. In the event a separate agreement is not executed by PISD and Vendor following the bid award, these Contractual Terms and Conditions, along with ALL OTHER Proposal Terms and Conditions and any PISD Special Terms and Conditions shall constitute the entire agreement governing the parties’ relationship.

CONFLICT OF INTEREST

61. Individuals and business entities that wish to do business with

PISD must file a Conflict of Interest form with the PISD purchasing department in accordance with Texas Local Government Code Chapter 176.006. The Conflict of Interest form is attached to this document and must be completed and returned as a part of your bid response.

INSURANCE

62. The successful contractor(s) will be required to furnish an insurance certificate with the minimum coverage listed below.

PISD requires that vendor’s insurance be placed with companies that have achieved an “A” rating or better with A.M.

Best. Pflugerville ISD must be named as an additional insured and proof of insurance is required prior to the start of the project. Any certificates of Insurance furnished as evidence of the insurance maintained by vendor shall include a clause obligating the Insurer to notify PISD (in writing) thirty (30) days prior to cancellation or any material change in the insurance. The immunity of the owner shall not be a defense to be used by the insurance carrier.

63. All bidders must furnish a certificate of insurance with their bid. Only the selected bidder(s) will be required to name Pflugerville ISD as an additional insured.

64. Required insurance coverage amounts include:

SEE PAGE FOUR FOR INSURANCE REQUIREMENTS

Proposal Questionnaire

Please provide the following information concerning your firm tabbed, labeled, and formatted as described below. This applies to the original and copies submitted. Failure to follow these instructions MAY result in proposal disqualification.

A. Firm Information

1. Name of Firm

2. Primary Business Address

3. Telephone and Fax Number

4. Type of Organization (Individual, Partnership, Corporation, Association)

5. Year founded

6. Number of Permanent Employees.

i. Home Office

ii. Field

7. Primary Contact Person for District inquiries

8. Describe any substantial changes in ownership of your firm during the past five years.

9. How many years has your firm operated under its current form of business organization?

10. List all professional or industry organizations in which your firm or its principals are members.

11. How many years has your firm been in business in its current capacity?

12. How many years had your firm been in business under its present name?

13. Under what other or former names has your firm been operated?

14. What percentage of your work in the last five years has been Texas school construction?

B. Personnel Information

Provide brief resumes (2-page limit) for the persons listed below:

1. Principals/ Corporate Officers:

I. President

ii. Vice President

iii. Partners

2. Project Management (Specifically assigned to this project)

I. Project Manager

ii. Superintendent

The Offeror agrees to employ the above individuals (project manager and superintendent) for the entire duration of the Work at the positions indicated, and agrees not to remove them from the Work nor replace them with others except as otherwise approved in writing by Owner:

C. References

Please provide five (5) references with your submission. The reference listing should include: Project name, Project address, Owner’s name, completion date, type of project, size of project, delivery method used, Reference name, Reference phone number, fax number and email address. References must be from work completed within the past 5 years and contact information must be accurate to be considered.

D. School Projects

List all past PfISD projects your firm has completed, and for each project list:

1. Brief description of the project

2. Project Delivery Method

3. Date Construction Completed

4. Project Architect or Engineer

5. Original contract amount

6. Final contract amount

7. Number of change orders

List all educational building projects your firm has completed within the past ten years, and for each project list:

1. Project Owner

2. Brief description of the project

3. Project Delivery Method

4. Client, Client Contact Person, and Telephone Number

5. Date Construction Completed

6. Managing Principal

7. Project Architect or Engineer

8. Original contract amount

9. Final contract amount

10. Number of change orders

E. Organizational Experience

1. Describe the most common problem or challenge which you have encountered in school construction and your method for addressing the issue (Maximum 2 pages).

2. Describe your firm's concepts for working in a team relationship with the Owner and Architect/Engineer during the design and construction of major projects (Maximum 2 Pages).

3. Describe your firm’s methods of estimating costs and describe past success in this area.

4. Describe your firm’s methods for scheduling during the construction phase.

5. How often does your firm update the construction schedule?

6. Describe how cost information would be furnished to the owner and architect/engineer and how the owner would be assured that is complete and accurate?

7. Provide a sample format of GMP.

8. Explain in detail how your firm will handle warranty issues.

9. List the classifications of work or trades which you anticipate performing with in-house forces.

10. List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform.

11. Describe the preconstruction services your firm provides and the benefits of using your firm as Construction

Manager.

F. Claims and Litigation

1. Identify all claims, lawsuits or arbitration proceedings, if any, brought against your firm within the last five years.

2. Has your firm ever failed to complete any work awarded? If yes, please describe.

3. Are there any judgments, claims arbitration proceedings or suits pending or outstanding against your firm or its officers? If so, please describe.

4. Identify any lawsuits filed or arbitration requested by your firm with respect to construction contracts of your firm.

5. Describe your firm’s safety program and list any safety awards our firm has received within the past five years.

G. Current Work Load

Provide the following information for the five largest projects you currently have under contract

1. Project Name

2. Location

3. Owner

4. Architect

5. Project Delivery Method

6. Current Contract Amount

7. Percent Complete

8. Specified Contract Completion Date

H. Financial Information

1. Please list the total amount of work performed as general contractor for each of the past five years.

2. Please include an audited financial statement for each of the past three years.

3. Bonding Capacity

i. Per Project

ii. Aggregate

4. Bonding Company I. Individual, Title

ii. Name of Bonding Company

iii. Address

iv. Telephone

5. Dunn & Bradstreet rating, if available

I. Licensing

1. List jurisdictions and/or trade categories in which your organization is legally qualified to do business and indicate registration or license numbers, if applicable to this project.

GENERAL CONDITIONS

Please provide the anticipated costs for general condition items (as applicable). If you anticipate that you will require additional direct project costs, please list them on a separate page. The district will not be liable for charges that should have been taken into consideration by your firm when submitting your response. If the list contains an item which you do not feel is necessary, please indicate with “N/A”.

Anticipated General Conditions

Project Manager Project Manager Vehicle Allowance Project Engineer #1 Secretary Safety Director Job Superintendent Superintendent Vehicle Allowance Assistant Superintendent Structural/MEP

Assistant Superintendent Vehicle Allowance Registered Survey Portable Chemical Toilet

Port-A-Cans Holding Tank

Move In/Move Out Temporary Electrical to Site Job Telephone

Telephone to Site (Phone Co.)

Hook-Up Fee Removal Fee Telephone Utility Monthly Charge

Temporary Electric Bill Temporary Water Bill

Water to Site Meter Deposit Water Distribution Water Utility Monthly Charge

Temporary Gas Utility Bill Temporary Job Fence Trailer Compound Fences & Gates Job Sign Special Project Sign Office Trailer Job Tool House Temporary Roads Trash Haul Off Storage Trailers General Liability Temporary Wiring and Lights Check Out Power Workers Comp List your Insurance Experience Modifier Office Supplies Office Equipment Close Out Documents

Printing Original Mylars Preparation

CD (“∆T” Format) with Close Out Documents

Tools and Equipment Other:

Total General Conditions

FEE PROPOSAL

Submitted by:

Address:

Phone No.: Fax No.:

Having examined the Request for Proposals for Construction of Multipurpose Rooms - DMS and PMS as prepared by Pflugerville ISD, the following is a breakdown of all proposed fees. Pflugerville ISD may choose to award single or multiple projects as deemed to be in the best interest of Pflugerville ISD.

A. FEE PROPOSAL: Construction of Multipurpose Rooms - DMS and PMS:

Dessau Middle School

1. PRECONSTRUCTION FEE

For all pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis, the total cost for these services list the lump sum amount you will charge.

* (If the amount is “zero”, enter “.00”; do not enter “no bid”)

2. GENERAL CONDITIONS

For all General Conditions Work, list your proposed cost as a percentage of the cost of construction. Refer to General Conditions (see public files in Euna/Bonfire) for all required items to be included in the CMR's General Conditions Work.

3. CONSTRUCTION MANAGEMENT FEE

For overhead and profit, list your proposed fee as a percentage of the cost of construction.

B. ADDENDA

Undersigned acknowledges receipt of Addenda Nos. :

C. FEE PROPOSAL: Construction of Multipurpose Rooms - DMS and PMS:

Pflugerville Middle School

1. PRECONSTRUCTION FEE

For all pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis, the total cost for these services list the lump sum amount you will charge.

2. GENERAL CONDITIONS

For all General Conditions Work, list your proposed cost as a percentage of the cost of construction. Refer to General Conditions (see public files in Euna/Bonfire) for all required items to be included in the CMR's General Conditions Work.

3. CONSTRUCTION MANAGEMENT FEE

For overhead and profit, list your proposed fee as a percentage of the cost of construction.

D. ADDENDA

Undersigned acknowledges receipt of Addenda Nos.:

FORM A: VENDOR PROFILE

Company Name: _ Contact Information:

Regarding Bid Process:

1. Contact Name:

2. Phone: 3. Fax: _

4. Address: _

5. Email Address: _

Payment Address:

Company Information:

Please indicate if this response is for multiple locations or divisions within your company and list applicable information:

How many consecutive years has your company been in business?

FORM B: ACKNOWLEDGEMENT OF STATE, LOCAL & FEDERAL CERTIFICATIONS

Please read all certification and notification statements below. Each statement should be initialed by an authorized representative to indicate compliance. Failure to comply may result in disqualification. Exceptions should be noted separately.

A. Felony Conviction Notification: State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal

History, Subsection (a), states: “a person or business entity that enters into a contract with a school 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.”

Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The District must compensate the person or business entity for services performed before the termination of the contract.” This notice is not required of a publicly held corporation.

Please check the appropriate line below:

My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable.

My firm is not owned or operated by anyone who has been convicted of a felony.

My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s):

Details of Conviction(s)

Initial

B. Criminal History Notification: Texas Education Code Chapter 22 requires entities that contract with school districts to obtain criminal history records on covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors must certify to the district that they have complied and must obtain similar certifications from their subcontractors. Certification forms, found on the PfISD Purchasing

Department web page located at http://cms.pfisd.net/Page/262, must be completed and submitted to the PfISD

Purchasing Department prior to commencement of the contract.

Covered Employees is defined as: Employees of a contractor 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 continuing duties or direct contact with students.

Disqualifying Criminal History is defined as:

(1) a conviction or other criminal history information designated by the District;

(2) a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator under Texas Education Code 21.060, including an offense listed at 19 Tex. Admin. Code 249.16; or

(3) 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;

(c) an equivalent offense under federal law or the laws of another state.

http://cms.pfisd.net/Page/262 http://cms.pfisd.net/Page/262

C. Certificate of Residency: The 1985 Texas Legislature passed House Bill 620 (now Chapter 2252 of Texas

Government Code) relative to the award of contracts to nonresident bidders (out-of-state bidders whose corporate offices or principal place of business are outside the State of Texas). This law provides that, in order to be awarded a contract as low bidder, a nonresident bidder’s response for construction, improvements, supplies or services in

Texas be bid in amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

I certify that my company is a “resident bidder” meaning a vendor whose principal place of business is in Texas, including a vendor whose ultimate parent company or majority owner has its principal place of business in Texas.

I certify that my firm is a “nonresident bidder” meaning a vendor whose principal place of business is not in Texas, but excludes a vendor whose ultimate parent company or majority owner has its principal place of business in Texas. My company’s principal place of business is in:

City State

D. Non-Collusion, Non-Conflict of

Interest, Anti-Lobbying Affidavit:

By submission of this response, the undersigned certifies that:

1. Neither the Respondent nor any of its officers, partner, owners, agents, representatives, employees, or parties in interest, has in any way colluded, conspired, or agreed, directly or indirectly with any person, firm, corporation or other Respondent or potential Respondent or given any money or other valuable consideration for assistance in procuring or attempting to procure a contract or fix the prices in the attached response or the response of any other Respondent, and further states that no such money or other reward will be hereinafter paid.

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

Trustees.

3. No officer, or stockholder of Respondent is a member of the staff, or related to any employee of the Pflugerville

Independent School District except as noted below:

4. The bidder or proposer has not offered, conferred, or agreed to confer any pecuniary benefit, as defined by

Penal Code, Chapter 36, or any other thing of value, as consideration for the receipt of information or any special treatment or advantage relating to this bid or proposal;

5. The bidder or proposer has not offered, conferred, or agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion, recommendation, vote, or other exercise of discretion concerning this bid or proposal;

6. The bidder or proposer has not violated any state, federal, or local law, regulation, or ordinance relating to bribery, improper influence, collusion, or the like, and that the bidder or proposer will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value to any officer, Trustee, agent, or employee of the Pflugerville Independent School District in return for the person’s having exercised official discretion, power, or duty with respect for this bid or proposal;

7. The bidder or proposer has not and will not in the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, Trustee, agent, or employee of the Pflugerville Independent School

District in connection with information regarding this bid or proposal, the submission of this bid or proposal, the award of this bid or proposal, or the performance, delivery, or sale pursuant to this bid or proposal.

E. Non-Discriminatory Employment: Vendor agrees to refrain from discrimination in terms and conditions of employment on the basis of race, color, religion, sex, national origin, or handicap and agrees to take affirmative action as required by Federal Statutes and rules and regulations issued pursuant thereto in order to maintain and insure non-discriminatory employment practices.

F. Suspension and Debarment: Federal Law prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transaction include procurement of goods of $50,000 or more as covered by state law or professional services equal to or in excess of $100,000. Contractors receiving individual awards of $100,000 or more and all sub-recipients must certify that the organizations and its principals are not suspended or debarred.

Pflugerville ISD does not do business with parties that have been suspended or debarred. The prospective vendor certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a

Federal department or agency.

G. Clean Air and Water Act: I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h)), Section 508 of the Clean Water

Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102.

Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States

Environmental Protection Agency Assistant Administrator for the Enforcement.

H. Hold Harmless Agreement: The Contractor shall defend, indemnify, and hold harmless, Pflugerville ISD and all of its trustees, officers, agents, and employees from and against all suits, actions, or claims of any character brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in connection with, any negligent act or omission of Contractor or any agent, employee, subcontractor, or supplier of Contractor in the execution or performance of the Contract. The Contractor shall also defend, indemnify and hold harmless, Pflugerville ISD and all of its trustees, officers, agents, and employees, from and against claims by any subcontractor, supplier, laborer, materials, or mechanic for payment for work or materials provided on behalf of the Contractor in the performance of the Contract and all such claimants shall look solely to Contractor and not to Pflugerville ISD for satisfaction of such claims. This Hold Harmless

Agreement shall be binding upon the undersigned, and its successors, legal representatives, heirs and assigns.

I. Pursuant to Section 2270.001 of Texas Government Code, the Contractor affirms that it:

1. Does not currently boycott Israel; and

2. Will not boycott Israel during the term of the contract

Pursuant to Section 2270.001 of Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an

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

and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

J. Pursuant to Texas SB 252, the contractor affirms that it is not identified on the Comptroller's list of companies known to have contacts with or provide supplies or services to a foreign organization designated as a Foreign

Terrorist Organization by the US Secretary of State

REQUIRED CONTRACT PROVISIONS FOR FEDERALLY FUNDED PURCHASES

Provisions related to federally funded purchases does not apply. N/A

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that the vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Name of Company:

Printed Name and Title of Representative:

Signature Date

Vendor Responsibility & Penalty Acknowledgement

P…