ESBD_File_345480_ES11 CMaR solicitation (4) - Copy.pdf

NEW BRAUNFELS INDEPENDENT SCHOOL

DISTRICT

REQUEST FOR QUALIFICATIONS FOR

CONSTRUCTION-MANAGER-AT-RISK SERVICES

RFQ No. #23-20

CSP DEADLINE: Date: JANUARY 26, 2024

NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT

RFQ FOR CONSTRUCTION MANAGER-AT-RISK

SERVICES

RFQ #23-20

The New Braunfels Independent School District (“Owner” or “District”) is soliciting Request for Qualifications for Construction Manager-at-Risk Services (“CMAR”) for; the New Braunfels

Elementary #11 School Project (“Project”) as part of the (“2021 NBISD Bond Program”). The Board of Trustees and its designees have determined that the CMAR delivery method will provide the best value to the District for these School Projects. The Bond Projects are briefly described in Appendix A of this

Request for Qualifications (“RFQ”).

Attention: Purchasing/Contract Specialist Construction Manager at Risk

RFQ# 23-20

1000 N Walnut Ave

New Braunfels, Texas 78103

ALL RFQ SUBMISSIONS MUST BE RECEIVED VIA MAIL

Submissions shall be submitted not later than:

2:00 P.M., LOCAL TIME, ON JANUARY 26, 2024

ANY SUBMITTAL RECEIVED AFTER THE TIME AND DATE STATED ABOVE WILL NOT BE

CONSIDERED. UNSIGNED SUBMITTALS AND/OR SUBMITTALS RECEIVED VIA FACSIMILE OR

EMAIL WILL NOT BE CONSIDERED.

FAILURE TO COMPLY WITH SPECIFICATIONS INCLUDED IN THIS RFQ MAY RESULT IN THE

DISQUALIFICATION OF YOUR SUBMITTAL.

COMMITMENTS:

1. The NBISD reserves the right to withdraw this RFQ at any time and for any reason.

2. Receipt of response by the NBISD or submission of a response to the NBISD or selection of a Submitter for the purposes of negotiating a contract; confers no rights to the Submitter, nor obligates the NBISD in any manner.

3. The NBISD reserves the right to award or not award the contract(s). The NBISD also reserves the right to award the contract(s) to the party or parties that the Board of Trustees of the NBISD determines to be most qualified and most responsive to this RFQ.

4. The NBISD is under no obligation regarding this RFQ until written contract(s) are approved and executed by all parties and funding for the services occurs.

5. The cost of developing a response is the sole responsibility of the Submitter. The NBISD shall not provide reimbursement of such cost and shall not be liable for any response preparation cost for any reason whatsoever.

6. If a contract or contracts is agreed upon, and designs/Instruments of Service are completed, the NBISD reserves non-exclusive rights to ownership of the designs/Instruments of Services. Use of the designs/Instruments of Service by either the NBISD or the consultant at any time without consent of the other is permitted. The NBISD reserves the right to use the designs/Instruments of Services as many times as desired and with as many providers as it desires. The provider maintains the right to use the designs/Instruments of Services with any client it desires and as often as desired.

Fees or pricing shall not to be submitted in the Response to this RFQ, which is step one of a two-step CMAR selection process as defined by 2269 of the Texas Government Code. If fees, prices, or cost(s) are included in the Response to this RFQ, the Response will be considered as nonresponsive.

NEW BRAUNFELS INDEPENDENT SCHOOL

DISTRICT REQUEST FOR COMPETITIVE SEALED PROPOSALS

CONSTRUCTION MANAGER-AT-RISK SERVICES

RFQ #23-20

I. Introduction

1.1 Pursuant to the applicable provisions of Texas Government Code Chapter 2269, it is the intention of the NBISD to utilize a two-step process to select a qualified Construction Manager-at- Risk firm for the Project, in accordance with the terms, conditions, and requirements set forth in this Request for Competitive Sealed Proposals. Failure to perform as agreed herein can and may affect consideration of recommendation for award on future projects remaining to be bid in the master plan and or any other capital projects that may arise. NEW BRAUNFELS ISD ("Owner” or “District”). For the purpose of this RFQ, "Respondent" refers to any entity or team that is qualified to provide all of the improvements as listed in this request. It is the intent of Owner to select the Respondent demonstrating the best overall value to the Owner, and to enter into an agreement to provide CMAR services.

1. This Request for Competitive Sealed Proposal (“RFQ”) is the first step in a two-step process for selecting a CMAR firm for the Project as provided by Texas Government Chapter 2269.This RFQ provides the information necessary to prepare and submit qualifications for consideration and initial ranking by the Owner. During this first step in the selection process, Owner may select up to five (5) of the top ranked Qualification Respondents to respond to a separate Request for Proposals in the second step of this process. .

2. In the second step of the process, Request for Proposals (“RFP”), the selected Respondents will be required to submit additional information to the Owner, including fee proposals and general conditions prices (“Proposals”). The Owner will rank the submitted Proposals in the order that they provide the best value for the Owner based on the selection criteria and the ranking evaluations. One or more qualified Respondents may be requested to attend an interview with the Owner to confirm their Qualifications or Proposal and answer additional questions.

3. It is the policy of the New Braunfels Independent School District not to discriminate on the basis of race, color, religion, national origin, sex, disability, sexual orientation, or age in its programs and activities, its educational programs, nor in its employment practices.

4. In order to ensure the integrity of the selection process, Respondent’s employees, officers, agents, or other representatives shall not lobby or attempt to influence a vote or recommendation related to the Respondent’s response, directly or indirectly, through any contact with school board members, other District officials or employees from the date this RFQ is released until a contract is executed.

5. This RFQ is subject to cancellation by the District if any person significantly involved in initiating, negotiating, securing, drafting, or creating the offer on behalf of New Braunfels Independent School District, is at any time while the RFQ is in effect, an employee of any other party to the RFQ in any capacity or a consultant to any other party of the RFQ with respect to the subject matter of the RFQ.

6. Respondents are expected to examine this RFQ carefully, understand the terms and conditions for providing the services listed herein and respond completely. FAILURE TO COMPLETE

AND PROVIDE ANY OF THE ABOVE ITEMS MAY RESULT IN THE RESPONDENT’S

QUALIFICATIONS STATEMENT BEING DEEMED NON-RESPONSIVE AND

THEREFORE DISQUALIFIED FROM CONSIDERATION.

1.2 The following instructions by the District are intended to afford Respondent(s) an equal opportunity to participate in the SOQ, and provides a predetermined set of criteria representing the District’s business and service requirements. “The Code of Silence" shall mean a prohibition on any communication regarding any RFQ, bid, or other competitive solicitation between:

1. Any person who seeks an award from the District or its affiliated entities, including a potential vendor or vendor's representative, and Board members, the Superintendent of Schools, Senior Staff Members, Principals, Department Heads, Directors, Managers, or other District representatives who have influence in the evaluation or selection process or anyone other than the Construction Buyer listed in Section

1.1.4 of this RFQ.

2. The “Code of Silence” time period shall begin with the issuance of an RFQ and ends upon the execution of the Agreement. During the “Code of Silence”, campaign contributions, gifts, donations, loans, and any other items of value are prohibited between these parties, including candidates who have filed for election to the Board.

3. The “Conflict of Interest Disclosures” requires a Board member to disclose and recuse himself or herself from voting on any contract, agreement, or any other District transaction involving an entity or related officer and/or key employee who has provided campaign contributions during the preceding 12-month period in excess of $2,000.

1.3 PROJECT BUDGET

The Owner’s overall construction cost limitation (CCL) budget for this Project is $35MM. Respondent understands and acknowledges that scope change may result in either an increase or decrease in budget.

1.4 DEFINITIONS. As used in this RFQ, the terms below have the meanings set forth below:

1.4.1 “Agreement” is defined in General Terms and Conditions.

1.4.2 “NBISD”, “Owner”, and/or “District” refers to New Braunfels Independent School District

1.4.3 “Respondent” refers to the person/firm that submits a SOQ to this RFQ.

1.4.4 “Project” means the Scope of Work for furnishing services.

1.4.5 “Statement of Qualification”, and/or “SOQ” refers to the document submitted in response to this RFQ.

1.4.6 “RFQ” refers to a two-step CMAR request for qualifications and proposal process conducted pursuant to 2269 of the Texas Government Code.

II. NOTICE TO RESPONDENTS

2.1 Submittal Location and Deadline.

A. Qualification Statements shall be submitted in accordance with the requirements of this RFQ. The Owner will not acknowledge or receive Qualifications Statements that are delivered by telephone, facsimile (fax), or electronic mail (e-mail). It is the sole responsibility of submitting firms to ensure timely receipt of the RFQ response and to properly label the documents as indicated on the cover of this RFQ.

B. Complete and sealed responses must be received via mail or hand delivery at the District’s Administration Offices located at 1000 N. Walnut, New Braunfels, TX 78130 no later than: JANUARY 26, 2024 BY 2:00 P.M. CST. Qualification Statements may be withdrawn by written request received by the District prior to the deadline for submissions.

C. The Request for Qualifications (RFQ) will be not be opened at the District’s Administration Offices located at 1000 N. Walnut, New Braunfels, TX 78130, following expiration of the deadline time. Any Qualification Statement or modification received after the deadline will NOT be accepted. New Braunfels Independent School District is not responsible for CSP’s submitted incorrectly. Respondents shall familiarize themselves with the submittal method as necessary to correctly submit their submission. Qualification Statements sent by facsimile or email will not be accepted. The District reserves the right to request supplemental information of any and all Respondents to aid the District in the evaluation process.

D. Proposals submitted prior to the above deadline may be modified provided such modifications are sealed and received at the designated location, prior to the time and date set for submission of proposals. Qualification Statements received after the deadline will NOT be accepted and will be returned unopened to the Respondent. Qualifications Statements will not be returned to Respondent.

2.2 Point-of-Contact/Restriction on Communication.

The District designates the following persons as its representatives and Points-of-Contact for this

RFQ:

Lydia Seigal New Braunfels Independent

School District 1000 N. Walnut

New Braunfels, TX 78130 E-Mail lydiaseigal@nbisd.org

Respondents shall restrict all contact with the District and direct all questions regarding this RFQ, to the District’s Representative specified above. Do not contact members of the Board of Trustees or other employees of the District. Contact with any of these prohibited individuals after issuance of the RFQ and before selection is made, may result in disqualification of your Qualifications Statement. This restriction extends to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFQ and/or proposal submitted by Respondents.

All questions regarding this invitation must be submitted in writing email to lydiaseigal@nbisd.org. Requests for information/interpretation must be received by 2:00 pm on January 12, 2024 a.Only questions answered by formal written addenda posted the District’s website will be binding. Responses to questions submitted will be submitted to all entities who have submitted questions and/or submittals.

A. The District reserves the right to contact any Respondent for clarification after responses are opened and/or to further negotiate with any Respondent if such is deemed desirable by District.

B. Violation of this provision by Respondent or Respondent’s agent may lead to disqualification of Respondent’s proposal from consideration.

2.3

The Form of Agreement. Any contract resulting from this solicitation shall be the mailto:lydiaseigal@nbisd.org mailto:lydiaseigal@nbisd.org.

Standard Form of Agreement Between Owner and Construction Manager as 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. A copy of the form of Agreement, including Owner’s modifications, will be provided in the second phase of this procurement with the RFP.

At that time the Respondent will be required to delineate any comments or requested changes and include an explanation for the requested change in its RFP response

2.4 Public Information. During the course of the selection process, the Qualifications Statements submitted by Respondents in response to this RFQ are exempt from disclosure to the public under the Texas Public Information Act. The Qualifications Statements will however, upon the award of the contract, become a public record; and therefore, subject to disclosure to any person who makes a proper request for review of the documents. Some of the information you may provide in your Statement of Qualification may contain commercial or financial information which you consider privileged or confidential, or may be of a nature which you feel may cause substantial competitive harm to your business if disclosed by the District to a third-party even after the award. You may be entitled to protect this information at the time a request is made for disclosure; however, you will need to consult your legal counsel to assure that this kind of information, if included in your Response, is properly marked as confidential prior to submission. Wholesale marking of your entire proposal “Confidential” or “Proprietary” will not be effective. The District fully complies with the Texas Public Information Act. In the event information from Respondent’s Qualification Statement is requested, the District will use its best efforts to notify the Respondent of such request, but will have no duty to assert any claim to the Attorney General that the proposal or any parts of the proposal are not subject to disclosure under the Act.

2.5 Wage Scale. The construction of this Project is subject to Chapter 2258 of the Texas Government Code. Among other things, this Chapter provides that it shall be mandatory for a Contractor and upon any subcontractor under him to pay not less than the prevailing rates of per diem wages in the locality at the time of construction to all laborers, workmen, and mechanics employed by them in the execution of the contract.

In accordance therewith, the Owner has adopted the prevailing wage scale published for this area by the Department of Labor. A copy of the most recent schedule of Prevailing Wages published on the DOL website, for projects of this kind, is attached to this RFQ as Appendix B. Not less than this established scale must be paid on the project. Any workers not included in the schedule shall be properly classified and paid not less than the rate of wages prevailing in the locality of the work at the time of construction.

If the Contractor or any of its Contractors or Subcontractors violate the provisions of the Prevailing Wage Statute above, by failing to pay the required prevailing wage to worker employed by it in the execution of the contract, the Contractor shall be required to pay the Owner the sum of Sixty Dollars and No/100 ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rate stipulated in the scale of prevailing wages applicable to this Project, as required by Texas Government Code Section 2258.023(b).

2.6 Conflicts of Interest. Respondent acknowledges that it is informed that District Policy and Chapter 176 of the Texas Local Government Code requires that persons, or their agents, who seek to contract for the sale or purchase of property, goods, or services with the District, shall file a completed conflict of interest questionnaire with the appropriate district records administrator not later than the 7th business day after the date that the person: (1) begins contract discussions or negotiations with the District; or (2) submits to the District an application, response to a request for qualifications, proposals or bids, correspondence, or another writing related to a potential agreement with the District. The conflict of interest questionnaire form is available from the Texas Ethics Commission at www.ethics.state.tx.us. Completed conflict of interest questionnaires may be mailed or delivered by hand the address indicated on page 1. Please consult your own legal counsel if you have questions regarding the statute or form.

2.7 Criminal Background Checks. Respondent certifies that it understands that Texas Education Code Chapter 22 requires that criminal history records be obtained regarding covered employees of entities that contract with school districts (“Contractors”) and entities that contract with school district contractors (“Subcontractors”). Texas Education Code §22.08341 requires that the Contractor obtain criminal history record information (“CHRI”) on Covered Employees with Disqualifying Criminal Histories (each defined below). These persons are prohibited from serving at a school district. Because of restrictions on what entities may access such information, prior to commencement of work under this Agreement, using the process established by the Owner, Contractor will be required to arrange with the Owner to obtain the national criminal history record information (“CHRI”) on all of Contractor’s employees, independent contractors, agents, or Subcontractors, Contractor’s Subcontractors of every tier (“Subcontractors”), if any of these persons is a “Covered Employee” as defined by the Statute, i.e. the person has or will have continuing duties related to the contracted for services, and said person has or will have the opportunity for direct contact with students in connection with those continuing duties.

Contractor will also be required to reimburse the Owner for the costs and expenses associated with obtaining the criminal history information by entering into the proposed Contract Documents will be required to agree to accept the Owner’s interpretation of the report as to whether any Covered Employee has been determined to have a Disqualifying Criminal History and will be required to be excluded from assignment to the Project. The selected Contractor will not assign or permit Covered Employees (of either Contractor or any of its subcontractors, independent contractors, or consultants) with a Disqualifying Criminal History to performing any work on the District’s Project or property.

2.8 Consideration/Requirements for Construction on Educational Facility Premises. As the Contractor on the Project(s), Respondent will be responsible for the actions of Contractor’s forces, Subcontractor’s forces and all tiers of Sub-subcontractor’s forces on the Project Site(s). The Respondent recognizes that the Project Site is a public school campus, and will prohibit the possession or use of alcohol, controlled stances, tobacco, and any prohibited weapons on the Project Site and shall require adequate dress of the Contractors’ forces consistent with the nature of the work being performed, including wearing shirts at all times. Sexual harassment of employees of the Contractors or employees or students of the Owner by employees of the Contractors is strictly forbidden. Respondent should also take into consideration that the campus on which the Project is constructed may be operational during all or some of the construction and may cause delay or scheduling conflicts. By submission of a proposal, the Respondent represents that this has been taken into account in making its proposal

2.9 Clarifications and Interpretations. Any clarifications or interpretations of this RFQ that materially affect or change its requirements will be issued by the Owner as an addendum. It is the responsibility of all Respondents to obtain this information in a timely manner. All such addenda issued by the Owner before the proposals are due as part of the http://www.ethics.state.tx.us/

RFQ, and Respondents shall acknowledge receipt of and incorporate each addendum in its Qualifications. Respondents shall consider only those clarifications and interpretations that the Owner issues by addenda five (5) days prior to the submittal deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner and should not be relied on in preparing Qualifications.

2.10 Evaluation of Qualifications. All Qualifications Statements will be reviewed, evaluated, and ranked by the Owner based on the criteria and weight of criteria described in Section 3 of this RFQ. Qualifications shall not include any information regarding Respondent’s fees, pricing, or other compensation. Such information will be solicited from firms qualified by the Owner to participate in step two of the selection process.

2.11 Owner’s Reservation of Rights. The Owner may evaluate the Qualifications based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Qualifications and re-solicit for new Qualifications, or to reject any and all proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any Respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ.

2.12 Acceptance of Evaluation Methodology. By submitting its Qualifications in response to this RFQ, Respondent accepts the evaluation process and acknowledges and accepts that determination of the most qualified firm(s) will require subjective judgments by the Owner.

2.13 No Reimbursement for Costs. Respondent acknowledges and accepts that any costs incurred from the Respondent’s participation in this RFQ process shall be at the sole risk and responsibility of the Respondent. Respondents submit Qualifications and Proposals at their own risk and expense.

2.14 Waiver of Claims. By submitting a Qualifications or a Proposal, each Respondent agrees to waive any claim it has or may have against the Owner and their respective trustees, agents and employees arising out of or in connection with the administration, evaluation, or recommendation of any Qualifications Statement or Proposal; waiver of any requirements under the proposal documents; acceptance or rejection of any Qualifications Statement or Proposal; and award of a contract.

2.15 Contract Award Process. The District reserves the right to reject any or all Qualifications Statements. There will be no contractual obligation on the part of the District to any Respondent, nor will any Respondent have any property interest or other right in the contract unless and until a reasonable price for the services is negotiated, the contract is unconditionally executed, and all conditions to be fulfilled by the Respondent (e.g. bonding and insurance documentation provided) have either been fulfilled by the Respondent or waived in writing by the District.

An award to a CMAR Firm for the services specified herein will be made following a two-step procedure using the procedure described in Texas Government Code, Section 2269.307.

Phase One of the selection process will focus solely on the Respondent’s ability to meet the mandatory qualifications and the criteria set forth in this RFQ related to its experience, technical competence, capability to perform, past performance of the firm and its members and overall qualifications of the Respondents. Please Note: Cost- related or price-related factors are not elicited and should not be submitted by Respondent during this first phase of the selection process. The ranking of qualifications statements will be completed initially by a District Committee selected by the Superintendent. The Evaluation Committee will qualify a maximum of five (5) Respondents from those submitting Qualifications Statements, to submit proposals in response to a Request for Proposals (“RFP”) in Phase Two of the process. During Phase Two, the selected Respondents qualified in Phase One will be asked to submit a proposal providing additional information requested by the District. The additional information requested may include information regarding the Respondent’s policies on subcontractor markup, a range of cost for general conditions based on a specified definition, its policies on retainage and contingencies, discounts for prompt payment and expected staffing for administrative duties. The District may, at its discretion, require interviews to assist in the final selection. The Evaluation Committee will rank each proposal submitted from first to last based on all of the criteria published in the RFQ and the RFP, with the first ranked proposal being the proposal offering the best value to the District. The Committee will thereafter present its ranking to the Board for approval. The Board may both approve the rankings and authorize negotiation in accordance with Section

2269.038 of the Government Code, with the first ranked respondent and subsequent respondents if a satisfactory contract cannot be reached.

III. SUBMITTAL REQUIREMENTS

3.1 A principal of the firm must sign the completed response and affirm that the information provided is true, complete and accurate. Qualification Statements shall be clearly marked for each part of the requirements listed below in (8 ½” x 11”), vertical format, minimum of three-quarter (3/4”) inch margins, and 11-point font. Submissions must not exceed 35 pages. Provide three copies of the Qualifications Statement. Please mark (1) one copy "Original", mark (1) one copy "COPY", and include one (1) USB Flash Drive.

Qualifications shall be a MAXIMUM OF FIFTY (50) PAGES. The cover, table of contents, and divider sheets do not count as pages. The page limit does not include:

(1) the list of similar projects as required in Section 2.2 of Respondent’s Questionnaire in the

RFQ

Attachment;

(2) completed Company References/Client Profile Information Forms (attached as Exhibit to Respondent’s Questionnaire) submitted with the Response ; and

(3) Any separator pages, as long as they are purely title/separator pages and do not provide a response.

3.2 Qualification Statements shall be prepared SIMPLY AND ECONOMICALLY, providing a straightforward, CONCISE description of the Respondent’s ability to meet the requirements of this RFQ. Emphasis shall be on the QUALITY, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

Incomplete Qualification Statements may be considered non- responsive and subject to rejection.

3.3 Respondent shall correctly reveal, disclose, and state the true and correct name of the individual, proprietorship, corporation, and/or partnership (clearly identifying the responsible general partner and all other partners who would be associated with the contract, if any). No nicknames, abbreviations (unless part of the legal title), shortened or short-hand, or local "handles" will be accepted in lieu of the full, true and correct legal name of the entity. These names shall comport exactly with the corporate and franchise records of the Texas Secretary of State and Texas Comptroller of Public Accounts. Individuals and proprietorships, if operating under other than an individual name, shall match with exact

Assumed Name filings. Corporate Respondents and limited liability company Respondents shall include the 11-digit Comptroller’s Taxpayer Number on the signature page of the proposal. If an entity is found to have incorrectly or incompletely stated its name or failed to fully reveal its identity on the signature page of its proposal, the District shall have the discretion, at any point in the contracting process, to suspend consideration of the response.

3.4 Response Organization. Respondent’s response shall include the following items in the following sequence:

a. RESPONDENT GENERAL QUESTIONNAIRE. Respondents are expected to examine this RFQ carefully, understand the terms and conditions for providing the services listed herein and respond completely. The Qualifications Statement shall be submitted as set out in the attached as RFQ ATTACHMENT 1, Respondent’s Qualification General Questionnaire (and the Company References/Client Profile Information form for each client, attached as Exhibit to Respondent’s Questionnaire).

b. QUALIFICATIONS ACKNOWLEDGEMENT FORM. Complete, sign and submit the Qualifications Acknowledgement Notification Form, attached hereto as RFQ Exhibit

c. ACKNOWLEDGEMENT OF NEW BRAUNFELS INDEPENDENT SCHOOL DISTRICT GENERAL CONDITIONS. Complete, sign and submit the Acknowledgment of New Braunfels Independent School District General Conditions, attached hereto as RFQ Exhibit 2.

d. CHECKLIST OF REQUIRED FORMS. Complete, sign and submit the Checklist of Required Forms, attached hereto as RFQ Exhibit 3.

e. SB 9 CONTRACTOR CERTIFICATION CONTRACTOR EMPLOYEES. Complete, sign and submit the SB 9 Contractor Certification Contractor Employees, attached hereto as RFQ Exhibit 4.

f. SB 13 ENERGY COMPANY BOYCOTT CERTIFICATION. Complete, sign and submit the SB 13 Energy Company Boycott Certification, attached hereto as RFQ Exhibit 5.

g. SB 19 PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES CERTIFICATION. Complete, sign and submit the SB 19 Prohibiting Discrimination Against Firearm and Ammunition Industries Certification, attached hereto as RFQ Exhibit 6.

h. NO ISRAEL BOYCOTT CERTIFICATION. Complete, sign and submit the No Israel Boycott Certification, attached hereto as RFQ Exhibit 7.

i. NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION CERTIFICATION.

Complete, sign and submit the No Excluded Nation or Foreign Terrorist Organization Certification, attached hereto as RFQ Exhibit 8.

j. CERTIFICATE OF RESIDENCY. Complete, sign and submit the Certificate of Residency, attached hereto as RFQ Exhibit 9.

k. CONFLICT OF INTEREST QUESTIONNAIRE: Chapter 176 of the Texas Local Government Code requires that persons, or their agents, who seek to contract for the sale or purchase of property, goods, or services with District shall file a completed Conflict of Interest Questionnaire (CIQ) with District. The CIQ will be submitted as part of the response to a Request for Qualifications. The CIQ is available from the Texas Ethics Commission at www.ethics.state.tx.us.

l. FELONY CONVICTION NOTIFICATION: Complete, sign and submit the Felony Conviction Notification Form, attached hereto as RFQ Exhibit 10.

m. NON-COLLUSION AFFIDAVIT. Complete, sign and submit the Non-Collusion Affidavit, attached hereto as RFQ Exhibit 11.

n. CERTIFICATE OF INTERESTED PARTIES FORM 1295. Complete, sign and submit the Certificate of Interested Parties Form 1295, attached hereto as RFQ Exhibit 12.

o. IRS FORM W-9. Complete, sign and submit an IRS Form W-9, attached hereto as RFQ Exhibit 13.

p. CERTIFICATIONS BY CMAR FIRM: Construction Management at risk Firms submitting qualification Statements must include a construction manager (as appropriate to the Project) licensed to practice in the State of Texas and builder qualified engage in construction and authorized by the comptroller to do business in Texas. Further, the CMAR Firm must certify that each construction manager that is a member of the firm was selected based upon demonstrated competence and qualifications in the manner provided by Texas Government Code, Section 2254.004. Such Certifications is attached hereto as RFQ Exhibit 14.

3.5 Respondents are expected to examine this RFQ carefully, understand the terms and conditions for providing the services listed herein and respond completely. FAILURE TO

COMPLETE AND PROVIDEANY OF THE ABOVE ITEMS MAY RESULT IN THE

RESPONDENT’S PROPOSAL BEING DEEMED NON-RESPONSIVE AND

THEREFORE DISQUALIFIED FROM CONSIDERATION.

3.6 Any cost or expense incurred by the respondent that is associated with the preparation of the Response, or during any phase of the selection process, shall be borne solely by the Respondent.

IV. AMENDMENTS TO THE RFQ

4.1 Changes, amendments, or written responses to questions received regarding this RFQ may be posted on the District’s website. It is Respondent’s responsibility to review this site and ascertain whether any amendments have been made prior to submission of a proposal.

A Respondent, who does not have access to the Internet must notify District if Respondent wishes to receive copies of amendments to this RFQ by mail. No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the RFQ, and changes to the RFQ – if any – shall be made in writing only.

V. CRITERIA AND WEIGHT OF CRITERIA

Evaluation will be based upon information provided by the Respondent, including responses in the Respondent Questionnaire attached hereto as ATTACHMENT A. Pursuant to Texas Government Code section 2269.254, the Owner will rank the Qualifications in Step-One based on the following criteria and weight of criteria:

5.1.v.1 CRITERION ONE: RESPONDENT’S STATEMENT OF QUALIFICATIONS

AND AVAILABILITY TO UNDERTAKE THE PROJECT:

5.1.v.1.1 Provide a statement of interest for the Project including a narrative describing the Respondent’s unique qualifications as they pertain to this particular Project.

5.1.v.1.2 Provide a statement on the availability and commitment of the Respondent, its principal(s) and assigned professionals to undertake the Project.

5.1.v.2 CRITERION TWO: RESPONDENT’S ABILITY TO PROVIDE

CONSTRUCTION MANAGEMENT SERVICES:

5.1.v.2.1 Provide the following information on your firm for the past five (5) fiscal years:

Volume:

▪ Annual number, value and percent change of contracts in Texas per year

▪ Annual number, value and percent change of contracts nationally per year Revenues:

▪ Annual revenue totals and percent change per year Bonding:

▪ Total bonding capacity

▪ Available bonding capacity and current backlog

▪ Current bonding rating 5.1.v.2.2 State whether Respondent is currently for sale or involved in any transaction to expand or to become acquired by another business entity. If so, please explain the impact both in organization and company direction.

5.1.v.2.3 Provide details of any past or pending litigation, or claims filed, against Respondent that may affect its performance under a Contract with the Owner.

5.1.v.2.4 State whether Respondent is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution.

5.1.v.2.5 Provide audited financial reports for the last three (3) years, including at a minimum: Balance Sheet, Income Statements, Statement of Cash Flow, and Statement of Financial Conditions. Include the names, address, and telephone number of the preparer.

5.1.v.2.6

5.1.v.2.7 State whether Respondent has ever failed to complete any work which it was awarded.

5.1.v.2.8 List any contracts in Texas in the last ten (10) years that were terminated by the owner prior to completion due to non-performance.

5.1.v.2.9 Provide a claims history under professional malpractice insurance for the past five

(5) years for the Respondent and any sub consultants or team members proposed to provide professional architectural or engineering services on this Project.

5.1.v.2.10 Declare if any relationship exists by relative, business associate, capital funding agreement, or any other such kinship, between Respondent’s firm and any Owner employee or officer.

If so, please explain.

5.1.v.3 CRITERION THREE: QUALIFICATIONS OF RESPONDENT AND THE

EXECUTION OF SERVICES:

5.1.v.3.1 Describe Respondent’s management philosophy for the CMAR construction delivery method.

5.1.v.3.2 Provide resumes of the Respondent’s team that will be directly involved in the Project, including their experience with similar projects, the number of years with the firm, and the city of residence for each.

5.1.v.3.3 Describe, in graphic and written form, the proposed Project assignments and lines of authority and communication for each team member to be directly involved in the Project.

Indicate the estimated percent of time these team members will be involved in the Project for pre-construction and construction services.

5.1.v.3.4 Identify the proposed team members (including consultants) who worked on the projects listed later in this RFQ and describe their responsibility in those projects compared to this Project.

5.1.v.3.5 Identify any consultants that are included as part of the proposed team, their role, and related experience for this Project. List projects for which the consultant(s) collaborated with the Respondent.

5.1.v.3.6 Identify the person who will be primarily responsible for accounting for the Project and describe their qualifications to perform that function.

5.1.v.3.7 List all current projects (and their respective locations) assigned to each individual on the team, with Client contact names and numbers for reference checks.

5.1.v.3.8 List all of your firm’s previous experience with the District, including the name of project, and date of substantial completion.

5.1.v.3.9 List all previous experience any of the proposed personnel have had with the District, including the name of the project and the date of substantial completion.

5.1.v.3.10 Describe Respondent’s construction management and execution plan for providing preconstruction phase services required for this Project.

5.1.v.3.11 Provide a detailed list of all pre-construction services Respondent proposes to provide to the Owner and the Architect/Engineer (“A/E”) on this Project.

5.1.v.3.12 Describe what Respondent perceives as the critical pre-construction issues for this Project.

5.1.v.3.13 Describe Respondent’s procedures, objectives and personnel responsible for reviewing design and construction documents and for providing feedback regarding cost, schedule and constructability to the A/E and the Owner on this Project.

5.1.v.3.14 Describe Respondent’s bid/proposal package strategy for completion of the construction documents and for procuring cost of the work from subcontractors, vendors, suppliers, etc.

5.1.v.3.15 Describe Respondent’s plans to interface with the A/E and its consultants to enhance the design and planning process on this Project.

5.1.v.3.16 Describe the relationship you anticipate the firm’s key staff will have with the NBISD Board of Trustees, the Architect, and the District Administration. Describe a prior client relationship where you believe your team did a particularly good job in communicating with all or some of these stakeholders.

5.1.v.3.17 Describe Respondent’s constructability program for this Project and how it will be implemented.

5.1.v.3.18 Describe how the Respondent’s designated project manager and superintendent will participate and contribute to the constructability reviews.

5.1.v.3.19 Provide examples of past constructability review reports.

5.1.v.3.20 Provide examples of records, reports, monitoring systems, and information management systems Respondent will use on this Project during pre-construction services.

5.1.v.3.21 Describe Respondent’s philosophy for maximizing Project scope for the Owner during preconstruction services, minimizing risk to itself, and identifying when savings can be returned to the Owner during construction.

5.1.v.3.22 Describe Respondent’s process for attracting qualified and experienced mechanical, electrical and plumbing subcontractors to submit proposals for this Project.

5.1.v.3.23 Describe what Respondent perceives are the critical construction issues for this Project.

5.1.v.3.24 Describe Respondent’s ability and desire to self-perform work on this Project, and the method for determining whether Respondent provides the “best value” through a competitive proposal process.

5.1.v.3.25 Provide examples of records, reports, monitoring systems, and information management systems Respondent will use on this Project during construction.

5.1.v.3.26 Describe Respondent’s approach to containing storm water run-off and meeting the regulatory requirements of the Texas Commission on Environmental Quality’s Texas Pollutant Discharge Elimination System General Construction Permit No. TXR150000 and Respondent’s Storm Water Pollution Prevention Program for projects that will disturb land.

5.1.v.3.27 Describe Respondent’s approach to coordinating inspections and approvals with the Texas Department of Licensing and Regulation regarding Texas Accessibility Standards, the State Fire Marshal and other authorities having jurisdiction over the Project.

5.1.v.3.28 Describe Respondent’s procedures for providing an accurate punch list, completing the punch list in a timely manner, prepare and submit closeout documents in a timely manner and service and correct all warranty calls in a timely manner.

5.1.v.4 CRITERION FOUR: RESPONDENT’S PAST PERFORMANCE ON

REPRESENTATIVE CONSTRUCTION MANAGER AT RISK PROJECTS

5.1.v.4.1 Identify and describe the Respondent’s past experience for providing CMAR services on projects that are MOST CLOSELY RELATED TO THIS PROJECT within the last five years. Provide information on not less than three (3) nor more than five (5) projects.

List the projects in order of priority, with the most relevant project listed first. Provide the following information for each project listed:

▪ Project name, location, contract delivery method, and description

▪ Color images (photographic or machine reproductions)

▪ Original construction value

▪ Construction cost at Schematic Design, Design Development, 50% complete Construction Documents, 100% complete Construction Documents, and Guaranteed Maximum Price amount

▪ Final construction cost

▪ Categorize the change order(s) value in terms of owner added scope, errors and omissions (both A/E and CMAR) or unforeseen conditions. For unforeseen conditions, explain why constructability efforts in pre-construction services failed to discover the unforeseen condition(s).

▪ Final project size in gross square feet

▪ Type of construction (new, renovation, or expansion)

▪ Actual notice to proceed for pre-construction services

▪ Dollar value of all authorized change orders

▪ Originally scheduled project duration

▪ Actual notice to proceed, substantial completion, and final payment dates for construction services

▪ Name of project manager (individual responsible to the owner for the overall success of the project)

▪ Name of project superintendent (individual responsible for coordinating the day-today work)

▪ Names of mechanical, plumbing, electrical, and other major subcontractors

5.1.v.4.2 References (for each project listed above, identify the following):

▪ The owner’s name and representative who served as the day-to-day liaison during the design and construction phases of the project, including telephone number and email address

▪ A/E’s name and representative who served as the day-to-day liaison during the construction phase of the project, including telephone number and email address

▪ Length of business relationship with the owner.

▪ Provide site plans, floor plans, and presentation or photographic images of indoor and outdoor features of previously executed projects that most closely represent the Owner’s needs based on the Project description included in the RFQ/P. References shall be considered relevant based on specific project participation and experience with the Respondent. The Owner may contact references during any part of this process. The Owner reserves the right to contact any other references at any time during the RFQ process.

5.1.v.5 CRITERION FIVE: RESPONDENT’S ABILITY TO MANAGE

CONSTRUCTION SAFETY RISKS

5.1.v.5.1 Briefly describe the Respondent’s approach for anticipating, recognizing and controlling safety risks and note the safety resources that the Respondent provides for each project’s safety program.

5.1.v.5.2 Describe the level of importance for enforcement and support of project safety that Respondent includes in performance evaluations for its superintendents and project managers.

5.1.v.5.3 Identify the Respondent’s proposed safety management team members for construction services. Include their previous titles, duties, city of residence, experience and expertise; also, their intended percent of monthly involvement and duration for this Project.

Include all details necessary to demonstrate the credentials required by project safety specification.

5.1.v.5.4 Describe the methodology, including any technology or other assets that Respondent intends to use for prevention and/or control of incidents and insurance claims on this Project.

5.1.v.5.5 Describe the safety and insurance claims history information and weighting that Respondent includes in the submission and award process for “best value” subcontracts.

5.1.v.5.6 For all projects that Respondent has managed (or co-managed) in the past five (5) years, list and describe all events or incidents that have reached any of the following levels of severity:

Any occupational illness or injury that resulted in death or total and permanent disability

Three (3) occupational illnesses or injuries that resulted in hospital admittances Explosion, fire or water damage that claimed five percent

(5%) of the project’s construction value Failure, collapse, or overturning of a scaffold, excavation, crane or motorized mobile equipment when workers were present at the project

5.1.v.5.7 Identify Respondent’s Experience Modification Rate (“EMR”) for the three (3) most recent annual insurance-year ratings.

5.1.v.5.8 Identify Respondent’s annual OSHA Recordable Incident Rates (“RIR”) for all work performed during the past three (3) calendar years.

5.1.v.5.9 Identify the Respondent’s annual OSHA Lost Workday Case Incident Rates (“LWCIR”) for all work performed during the past three (3) calendar years.

5.1.v.6 CRITERION SIX: RESPONDENT’S ABILITY TO ESTABLISH BUDGETS

AND CONTROL

COSTS ON PAST PROJECTS

5.1.v.6.1 Describe Respondent’s fiduciary responsibility as a CMAR using Guaranteed Maximum Price (“GMP”) contracts for publicly funded projects.

5.1.v.6.2 From any three (3) of the projects listed in response to Section 4.1.v.4.1, describe Respondent’s project estimating system for developing the GMP proposal and how Respondent will monitor and track these costs for this Project.

5.1.v.6.3 Describe Respondent’s cost control methods during construction and how it procures subcontracts, confirms scope, amount, and ensures proper payment. From any three (3) of the projects listed in response to Section 4.1.v.4.1 of this RFQ, provide examples of how these techniques were used and the degree of accuracy achieved.

5.1.v.6.4 Describe Respondent’s methodology for working with the Owner, Project A/E and their consultants to deliver a GMP and to maintain it throughout the design and construction process; including any processes for establishing, tracking, and reporting during the development of the GMP.

5.1.v.6.5 Identify the person who will be primarily responsible for cost estimating for the Project and describe their qualifications. Provide a sample of a cost estimate used to establish a contract amount from any project listed in Section 4.1.v.4.1 of this RFQ.

5.1.v.6.6 The Owner may decide to accept a GMP prior to completion of construction documents. Describe in such an event; 1) Respondent’s process for ensuring that the design documents provide the information necessary to arrive at a complete GMP, including all Owner requirements with reasonable contingencies; and, 2) Respondent’s process for subsequently ensuring that the final construction documents align with the Project scope in the previously accepted GMP proposal documents.

5.1.v.6.7 Describe the Respondent’s normal percentage for new construction and renovation contingencies at completion of final construction documents, and how these contingencies will be managed through the completion of construction phase services.

5.1.v.6.8 Describe Respondent’s philosophy regarding payment and performance bonds required by the Owner on this Project, and the bonds Respondent requires of subcontractors, including Subguard insurance.

5.1.v.6.9 Identify a maximum of three (3) projects from Section 4.1.v.4.1 of previously issued RFQ with GMP contracts and the amount of savings (if any) returned to the Owner.

5.1.v.7 CRITERION SEVEN: RESPONDENT’S ABILITY TO MEET

SCHEDULES ON PAST PROJECTS

5.1.v.7.1 Describe how Respondent will develop, maintain and update the project schedule during design and construction. Identify the specific resources (i.e. personnel, hardware, software, etc.) to be used on this Project.

5.1.v.7.2 Describe Respondent’s approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary. From any three (3) of the projects listed in response to Section 4.1.v.4.1 of this RFQ, provide examples of how these techniques were used, including specific scheduling challenges/requirements and actual solutions.

5.1.v.7.3 Describe how Respondent develops and maintains work schedules during design and construction to coordinate with the Owner’s Project schedule. From any three

(3) projects listed…