RFQ_26-15_CMAR_Multi-Campus_Renovations_2-Step_Process.pdf

Purchasing Department

1849 Central Drive P: (817) 399-2035 Building A F: (817) 354-3558 Bedford, Texas 76022

REQUEST FOR QUALIFICATIONS

RFQ #26-15 - CM AT-RISK – MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS – TWO-STEP PROCESS

I. NOTICE TO PROPOSERS

The Hurst-Euless-Bedford Independent School District (HEB ISD) is soliciting Qualification Statements (hereafter called Qualification Statements) for Construction Manager At-Risk per the Specifications/Scope of Work stated elsewhere in this solicitation document.

Qualification Statements shall be submitted in an envelope marked on the outside with the Offeror’s name and address and proposal number (RFQ #26-15 - CM AT-RISK –MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS – TWO-STEP PROCESS to:

Qualification Statements will be received at the above address until 2:00 PM, October 1, 2026. Qualification Statements will be opened after the established deadline. Since this is a Two-Step process, pricing will not be received during Step One of this process. HEB ISD reserves the right to request interviews of the top responding firms based on questions scripted by the District, if needed. Pricing will be required of firms selected to participate in Step Two, which will be an interview based on questions scripted by the District.

Prospective respondents are prohibited from contacting any Board member, Superintendent, senior staff member, principal, department head, director, manager, or other District employee who has influence in the evaluation or selection process as outlined in paragraph 2.0 in Section II labeled INSTRUCTION TO OFFERORS.

Qualification Statements must be submitted in the form outlined in this RFQ document, together with any material required by this RFQ, in sufficient time to be received and time-stamped at the above location on or before the published date and time shown on the RFQ.

HEB ISD will not be responsible for mail delivered from the post office, United Parcel Service, FedEx or any courier or delivery service.

All Qualification Statements must remain open for 120 days from the opening date pending acceptance by HEB ISD.

Any submission of information or documents to HEB ISD pursuant to this RFQ is deemed public information by the District unless the Director of Purchasing of the District is notified in this response. HEB ISD reserves the right to reject each item separately or as a whole, and to waive any informality, and to award this contract in the best interest of the District. Any reference within the following pages of this document to bid, Request for Qualifications (RFQ), Request for Proposal (RFP), Competitive Sealed Proposal (RFQ) could be technically inaccurate but should be construed to mean and are used interchangeably as the designated legal method of procurement listed at the top of this page. It is the responsibility of the vendor to monitor HEB ISD's website at https://www.hebisd.edu/Page/1488 for any addenda to the RFQ. Failure to follow any posted addenda may render your response non-responsive. No order is valid under an award resulting from this procurement process until a contract is executed and a valid Purchase Order is issued to the vendor.

An informational Pre-Submittal Conference is scheduled for September 23, 2026 at 10:00 AM CST in the Board Room of the Hurst-Euless-Bedford Independent School District Administration Building, 1849 Central Drive, Bedford, Texas 76022

Date of Issue: October 15, 2026 Gary D. Kerbow, Director of Purchasing P: 817-399-2036 Hurst-Euless-Bedford ISD E: garykerbow@hebisd.edu

- END OF SECTION I – NOTICE TO PROPOSERS -

Gary D. Kerbow, Director of Purchasing Purchasing Department Hurst-Euless-Bedford Independent School District 1849 Central Drive, Bldg. A Bedford, Texas 76022

Bid No. RFQ 26-15 CM AT-RISK – M ULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT

PROJECTS – TWO-STEP PROCESS

Due Date: 10/01/2026 Time Due: 2:00 PM via IonWave Electronic Bid System

II. INSTRUCTIONS TO OFFERORS

RFQ #26-15 - CM AT-RISK – MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS – TWO-STEP PROCESS

1.0 GENERAL. Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter F (the “Act”), it is the intention of the Hurst-Euless-Bedford Independent School District to select, via a Two-Step Method, Request for Qualifications (RFQ) for Construction Manager at Risk – Two Step Process to provide all material, labor, equipment, for the purchase, construction and installation of all required components to complete improvements of the interior and exterior, safety and security upgrades, and technology infrastructure updates for MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS identified elsewhere in this document, according to the plans, Specifications and Scope of Work contained in this document. For the purposes of this document, Hurst-Euless-Bedford ISD shall be referred to as “The Owner.”

1.1 This Request for Qualifications (RFQ) contains information and instructions to enable interested Proposers to prepare and submit a Qualifications Submittal as well as information on the selection process. Cost Forms are to be submitted in Step Two of this process for the firm(s) selected to be interviewed.

1.2 Before submitting an offer to this solicitation, Offerors shall familiarize themselves with all parts of this solicitation because these parts become a part of any resulting contract.

1.3 Offerors shall familiarize themselves with existing conditions in the material and labor markets prior to submission of an offer.

The fact that an offer (bid/proposal) is submitted will be construed by the HEB ISD Board of Trustees to indicate that the Offeror agrees to carry out the furnishing of products/services in full accordance with the specifications and other contract documents notwithstanding existing material and labor markets’ conditions.

1.4 1.3 HEB ISD’s procurement official for this contract is Gary Kerbow, Director of Purchasing. Questions regarding specifications may be directed only to Mr. Kerbow through the District’s e-Bid system. Questions submitted through the District’s e-Bid system provide a written record of the question for documentation of the contact made between the Offeror and the District. Any requests for explanation, clarification or additional information by an Offeror regarding the meaning or interpretation of these instructions, or any other RFQ documents, must be requested in writing via IonWave by 4:30 PM on September 25, 2026, in order to provide sufficient time for a reply to reach all interested Offerors to consider and include the information in submission of their offers. Oral explanations or instructions will not be binding. Offerors are prohibited from contacting the technical/functional expert directly for information related to this

RFQ.

1.4 A functional area expert or a day-to-day contract administrator or manager for HEB ISD may be identified elsewhere in this document. Functional area experts, day-to-day contract administrators/managers, teachers, principals, and/or other district employees are not authorized to substantially amend this solicitation document or to substantially modify the subsequent contract. Substantially includes, but is not limited to, changes to delivery dates, place of delivery, and/or specifications that significantly alter the form, fit, and function of a product or the scope of work of a service. Amendments to solicitation documents will be made by the assigned Buyer and approved by the Director of Purchasing. Modifications to contracts/agreements will be made by the Director of Purchasing, the Associate Superintendent for Business Services, and/or the Superintendent in accordance with the HEB ISD Board’s guidance, policies, and/or procedures. If a vendor acts on the guidance of a district employee that is not authorized to make changes, the vendor does so at his or her own risk or peril. Also, if a vendor attempts, or gains, a modification/amendment from a district employee that is not authorized to make changes, the vendor does this at his or her own risk or peril and risks the termination of his or her contract/agreement.

1.5 HEB ISD’s technical/functional manager for this contract is Joshua Minor, Executive Director of Facilities and Construction Services.

1.6 The terms Offeror, contractor, proposer, vendor, and/or bidder refer to the person/firm that submits the offer to this solicitation document. The terms HEB ISD, owner, district, and/or government entity refer to Hurst-Euless-Bedford Independent School District.

2.0 RESTRICTED CONTACT PERIOD.

2.1 The Restricted Contact Period shall mean a prohibition on any communication regarding any request for proposal (RFP), bid, request for Qualification Statement (RFQ) or other competitive solicitation (as defined in the procurement methods above) between:

2.2.1. Any person who seeks an award from the District or its affiliated entities including a potential vendor or vendor’s representative; and

2.2.2. Any Board member, Superintendent, senior staff member, principal, department head, director, manager, or other District employee who has influence in the evaluation or selection process.

2.2 Furthermore, campaign contributions, gifts, donations, and any other items of value are prohibited between the parties defined above for any known contract under consideration during the restricted contact period. The District shall review historical campaign finance reports to identify campaign contributions for the applicable period and hold newly elected Board members to the same accountability standard as existing Board members during the restricted contact period.

2.3 The restricted contact shall not apply to communication with the District’s Procurement Services staff. Such communications shall be limited to the purpose of obtaining clarification or information concerning the subject solicitation or conducting contract according to guidance in 1.3 in Section II labeled Instruction To Offerors above.

2.4 The restricted contact period shall begin upon the issuance of an RFQ, RFP, bid, or other competitive solicitation (as defined under procurement methods above) and will officially end upon execution of an award by the Board and/or the execution of a negotiated contract, whichever represents the final act in the procurement process. A weekly e-mail notification shall be sent to the Board, Superintendent, and cabinet-level staff members of open competitive solicitations, and the notification shall remain in effect until the execution of the awarded contract by all required parties. The Procurement Services Department shall also provide public notice on our website at https://www.hebisd.edu/departments/purchasing/purchasing-department.

2.5 Regardless of the above time period, it is not acceptable for a potential vendor to participate in determining the scope of work, strategic direction, technical specifications, or evaluation criteria of such projects. Nothing contained in this policy shall prohibit any potential vendor or vendor’s representative from:

2.5.1. Making public representations at scheduled pre-bid conferences or scheduled selection and negotiation committee meetings;

2.5.2. Engaging in contract negotiations during any scheduled meeting;

2.5.3. Making a public presentation to the Board during any duly noticed public meeting; or

2.5.4. Conducting business on contracts previously executed and currently in force.

2.6 The potential vendor or vendor’s representative shall send all written communication directly to the designated procurement staff.

2.7 Nothing in this policy shall prohibit the procurement staff from initiating a contact with a potential vendor or vendor’s representative and subsequent communication for the purpose of obtaining clarifying information regarding a response to an RFP, bid, or competitive solicitation. Such contact shall be in writing and shall be provided to the members of the applicable procurement staff, including any response thereto.

3.0 SPECIFICATIONS/SCOPE/STATEMENT OF WORK. Offerors are expected to examine the specifications, standard provisions, Scope/Statement of Work and all instructions contained in this RFQ document. Failure to do so will be at the Offeror’s risk. Offers submitted on other than the authorized forms provided in this solicitation document or with different terms or provisions may be considered to be non-responsive.

4.0 INFORMATION REQUIRED. Each Offeror shall furnish the information required by the RFQ documents. The Offeror shall sign the Offer Form and the Felony Conviction Notification and return with the offer. Erasures or other changes must be initialed by the person signing the documents. Qualification Statements signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to HEB ISD.

5.0 SUBMISSION OF QUALIFICATION STATEMENTS. The Offeror should propose his/her lowest and best price, F.O.B. destination, on each item. Sealed Qualification Statements shall be submitted in an envelope marked on the outside with the Offeror’s name and address and the RFQ number/name. Qualification Statements must be submitted in sufficient time to be received and date/time stamped at HEB ISD’s Purchasing Office on or before the published deadline date and time shown on the RFQ. Qualification Statements received after the published time and date cannot be considered and will be returned unopened. Faxed Qualification Statements will not be accepted. Qualification Statements may be delivered in person or addressed to:

Gary D. Kerbow Director of Purchasing 1894 Central Drive, Bldg. A Bedford, Texas 76022

5.1 All required signatures shall be original and in ink.

5.2 HEB ISD is exempt from federal excise taxes, state and local sales and use taxes. A tax exempt certificate will be furnished upon request.

5.4 Failure to manually sign the offer will disqualify it.

6.0 DISCUSSIONS/NEGOTIATIONS. Discussions/Negotiations may be conducted with Offerors who are deemed to be within the final competitive range; however, HEB ISD reserves the right to award a contract without discussions/negotiations. The competitive range will be determined by HEB ISD’s Director of Purchasing and will include only those initial offers that the Director of Purchasing determines have a reasonable chance of being awarded a contract.

7.0 BEST AND FINAL OFFERS. If discussions/negotiations are conducted, Offerors will be required to submit a best and final offer if price/delivery or factors agreed to during negotiations have changed from the originally submitted proposal. Best and final offers must be received by the date/time provided during discussions/negotiations or the originally submitted proposal will be used for further evaluation and award recommendation. Best and final offers may be required as early as 24 hours after completion of negotiations/discussions.

8.0 MODIFICATION OR WITHDRAWAL OF QUALIFICATION STATEMENTS. Qualification Statements may be modified or withdrawn by written or telegraphic notice received by HEB ISD prior to the exact hour and date specified for receipt of Qualification Statements. A Qualification Statement may also be withdrawn in person by an Offeror or his/her authorized representative prior to the opening date/time, provided the Offeror’s identity is made known and he or she signs a receipt for the proposal.

9.0 OPENING QUALIFICATION STATEMENTS. All Qualification Statements shall be opened as soon as received. A formal "opening" will not be held and prices will not be read. Trade secrets and confidential information contained in Qualification Statements shall not generally be open for public inspection, but HEB ISD’s records are a matter of public record.

(The remainder of this page left blank intentionally)

10.0 PROCUREMENT SCHEDULE: This following procurement schedule will be utilized for this process:

RFQ #26-15 - CM AT-RISK – MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS –

TWO-STEP PROCESS

SCHEDULE OF EVENTS DATE / TIME

RFQ Released/Posted/Distributed September 15, 2026 Restricted Contact Period: September 15, 2026 – October 19, 2026 Pre-Proposal Conference: September 23, 2026 at 10:00 a.m.

Pre-Proposal Conference Location: HEB ISD Ad Building Board Room

1849 Central Drive Bedford, Texas 76022

Deadline to Submit Questions September 25, 2026 at 4:30 P.M.

Addendum for Q & A Posted (if needed) September 28, 2026 - End of Business Responses Due/Opened: October 1, 2026 at 2:00 PM Proposals Reviewed & Scored by Evaluation Team October 1, 2026 to October 5, 2026 Formal Interviews & Presentations (Finalists Only) (if required): October 6-7, 2026 Board Meeting October 19, 2026 (October 26, 2026) Notice of Award; Effective Date of Resulting Agreement October 20, 2026 (October 27, 2026)

(Dates and times are subject to change and will be notified by Addendum)

- END OF SECTION II – INSTRUCTION TO OFFERORS -

III. GENERAL CONDITIONS

RFQ #26-15 - CM AT-RISK – MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENT PROJECTS – TWO-STEP

PROCESS

1.0 SCOPE OF QUALIFICATION STATEMENT.

1.1 Pursuant to the provisions of the Texas Government Code, Chapter 2269, Subchapter F (the “Act”), it is the intention of the Hurst-Euless-Bedford Independent School District to select, via a Two-Step Method, Request for Qualifications (RFQ) for Construction Manager at Risk – Two Step Process to provide all material, labor, equipment, for the purchase, construction and installation of all required components to complete improvements of the interior and exterior, safety and security upgrades, and technology infrastructure updates for MULTI-CAMPUS RENOVATION AND FACILITY IMPROVEMENTS identified elsewhere in this document, according to the plans, Specifications and Scope of Work contained in this document.

1.2 Facility Assessments have been conducted on HEB ISD Facilities for long-range planning purposes to provide a permanent facility for the KEYS High School, and other facilities identified elsewhere in this document, and will be constructed utilizing the CMAR method. This project was included in a successful Bond election held in November 2023. The need to establish a Construction Manager is necessary to include in the design process and discuss construction methods and schedules of this facility.

1.3 Each Offeror shall furnish the information required by this RFQ and in the order required. The person signing the Proposal response Certification Form must be a person authorized by the offering firm to sign the proposal and bind the firm thereto.

1.4 This RFQ is in six (6) parts/sections: I. Notice to Offerors; II. Instructions to Offerors; III. General Conditions; IV. Responsibilities of Offerors; V. Contract Specifications; and VI. Offer Forms. These parts are applicable and form a part of all contract documents and a part of the terms/conditions of all purchase orders for products included in the specifications and offer forms.

1.5 HEB ISD’s procurement official for this contract is Gary D. Kerbow, Director of Purchasing. Questions regarding specifications may be directed to Mr. Kerbow by e-mail at garykerbow@hebisd.edu.

1.5.1 HEB ISD’s technical/functional expert for this contract is Joshua Minor. Mr. Minor will be responsible for providing answers to questions related to the technical aspects of this RFQ, while Mr. Kerbow will provide answers related to contractual and procedural issues. ALL questions are to be directed to Mr. Kerbow who will forward them to the functional experts for a response.

1.5.2 The architecture firms assigned to this project is Huckabee & Associates, Inc. The assigned architect for this effort is Aubrey Moses, AIA, LEED AP. Ms. Moses’ contact information is provided below:

Ms. Aubrey Moses, AIA, Principal Huckabee & Associates, Inc.

O: (817) 377-2969 M: (817) 627-4446 E: aubrey.moses@huckabee-inc.com

1.6 This is a public works contract with a construction budget between $15-$20 million, and effective from date of award until the date of completion.

1.7 The parties understand and agree that this contract is expressly subject to and conditioned upon the District’s successful sale of bonds and receipt of bond proceeds sufficient to fund the project described in this solicitation document.

1.8 Availability of Funds – In the event that sufficient funds are not available for the project, the District reserves the right to negotiate the scope of this contract, delay implementation, reject all Qualification Statements, or award another type of contract other than that required in this RFQ document.

1.9 The parties understand and agree that this contract is expressly subject to and conditioned upon the District’s successful sale of bonds and receipt of bond proceeds sufficient to fund the projects described in this procurement document.

2.0 CONDITIONS OF AGREEMENT. The conditions of agreement consist of the following and in the event of conflicting provisions, the order of importance is:

• Contract Specifications (Section V.)

• Responsibility of Vendors (Section IV.)

• Instructions to Offerors (Section II.)

• General Conditions (Section III.)

• Notice to Offerors (Section I.)

• Offer Forms (Section VI.)

3.0 PROPOSAL SUBMITTAL. A signed, submitted proposal constitutes an offer to perform the work and/or deliver the product(s) specified in the solicitation, combined with the acceptance of said proposal by the District. No products shall be delivered, nor work be performed without a Purchase Order issued to the successful vendor(s), written on an official District Purchase Order Form, prior to the products being delivered or work being performed. Under NO circumstances are vendors to deliver products or perform work without a valid Purchase Order received prior to the delivery or performance.

4.0 BRANDS AND MODELS. Brands and model numbers, where listed, are used for specification reference only unless otherwise stated, and are not intended to limit consideration of an approved equal or equivalent item. Descriptive information or a sample may be requested for any item proposed other than the referenced item.

5.0 EQUIVALENT OR APPROVED EQUAL. Whenever a product is defined in any of the Conditions of Agreement by describing a proprietary product, or by using the name/model of a manufacturer or vendor, the term “or other units considered to be equivalent”, if not inserted, shall be implied. The specific product described shall be understood as indicating the type, function, and minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude products of comparable quality, design, and efficiency.

5.1 If a brand/model is offered other than the one specified, complete descriptive information of the offered product must be included with the proposal. Products being proposed as an equal to the items specified must be available for inspection/evaluation by HEB ISD.

Samples, when requested, must be furnished within five (5) working days of the request at no cost to the district. If not destroyed during evaluation, samples may be returned to the Offeror on request at Offeror’s expense.

5.2 Determination of equivalent or approved equal is at the sole discretion of HEB ISD.

5.3 If the Offeror takes no exception to specifications of referenced data, brand names, models, etc. must be provided as specified.

6.0 SPECIFICATIONS/SCOPE OF WORK. The Offeror shall note in writing any deviations, including manufacturer and/or model, from the specifications and shall submit those changed specifications as alternates.

7.0 GENERAL EVALUATION. HEB ISD will generally award contracts for Construction Manager At-Risk in two steps based upon the lowest, responsive, responsible offer, price and other factors considered as required in Texas Government Code §2269.055 (a) and (b). It is the practice of the district to award contracts to serve as a Construction Manager based on qualifications and demonstrated competence.

Step One will be to solicit and receive Qualification Statements that will be evaluated and ranked based on qualifications and demonstrated competence. Step Two will include interviews with the top ranked firms and receipt of a price proposal for an Opinion of Probable Cost (OPC) that will lead to a Guaranteed Maximum Price (GMP) to serve as Construction Manager for projects procured under this method.

With no immediate construction value, proposals will include pricing structures for Pre-Construction Services, Construction Management

Fee, Projected Field & office staff costs, General Conditions and the Cost of Work (COW), all of which will combine to generate a Guaranteed Maximum Price (GMP). In determining the "highest ranked Qualification Statement," HEB ISD may consider factors, such as compliance with the RFQ documents, delivery requirements, construction schedule, proposed work plan, proposed staffing, past performance of the vendor, other factors contributing to the overall qualifications, both direct and indirect, related to experience as a Construction Manager and compliance with HEB ISD's policies, procedures and goals.

7.1 The district may award a contract to the responsive, responsible Offeror with the lowest aggregate offer. If unable to award as a package, the district will evaluate Qualification Statements and may award alternate awards.

7.2 In the event identical Qualification Statements are submitted which are determined by HEB ISD to be the lowest responsible offers, usually, one offer will be selected as the successful vendor. If one of the Offerors submitting identical Qualification Statements is a resident of the District, that Offeror shall be selected. If two or more such Offerors are residents of the District, one shall be selected by the casting of lots. In all other cases, one of the identical offers shall be selected by casting of lots.

7.3 In determining how to award a contract or contracts in conjunction with the RFQ, the District shall follow the Texas Government Code §2269.056 and evaluation criteria and applicable weights approved by HEB ISD Board of Trustees at the September 14, 2026, Regular Board meeting, Action Agenda Item No. 10.07 as the Evaluation Criteria, as listed on the following page:

STEP ONE:

01. EXPERIENCE – 30% of Scoring in Step One:

Firms will receive a score up to 30% for demonstrating compliance with this criterion based on the following requested information:

I. Reputation of the vendor and of the vendor’s goods or services;

II. Relevant experience of the vendor;

III. Quality of the vendor’s services;

IV. Past performance of the vendor;

V. Vendor’s past relationship with the District;

How substantial is the firm’s recent experience in the construction of projects of comparable size and complexity?

Have past clients expressed a willingness to work with the CM again?

Has the CM demonstrated a long-term presence in the DFW market?

How substantial is the firm’s experience in providing construction services for educational facilities of comparable size and complexity?

Is the firm knowledgeable about or experienced in the North Texas construction market?

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

Has the firm worked for HEB ISD in the past? If so, was that work satisfactory to the District? Was the project finished on time? Was the project finished in budget?

02. DISTRICT’S NEEDS – 20% of Scoring in Step One:

Firms will receive a score up to 20% for demonstrating compliance with this criterion based on the following requested information:

I. Extent to which the services meet the District’s needs Does the description provided by the firm of its pre-construction services evidence both understanding and capabilities of the process in general and as it applies to these projects for the District.

Does the construction manager appear to have the capability to meet the District’s schedule objectives?

03. ORGANIZATION, LICENSING, FINANCIAL INFORMATION, REFERENCES – 20% of Scoring in Step One

Firms will receive a score up to 20% for demonstrating compliance with this criterion based on the following requested information:

I. Vendor’s safety record II. Any other relevant factor that a private business entity would consider in selecting a vendor III. Agreement with the HEB ISD A133 – 2009 Contract documents

Does the vendor have a good safety record and active safety program?

How long has the firm been in business providing the type of services sought by the District?

Does the firm’s organizational structure, licensing and financial information indicate that the firm is capable of undertaking these projects?

Did the reference list (both owners and architects) have a favorable experience with the organization? Would they work with them again? How comparable was their project to these projects?

Agreement with the HEB ISD A133 – 2009 Contract documents for Standard Form of Agreement as Construction

Manager as Constructor and A201 – 2017 for General Conditions Has firm indicated acceptance of the A133 – 2009 and A201 – 2017 Contracts Documents as the governing instruments for this project?

04. PERSONNEL – 30% of Scoring in Step One

Firms will receive a score up to 30% for demonstrating compliance with this criterion based on the following requested information:

I. Proposed personnel for the project

Are the CM’s personnel experienced in similar school projects?

Do the personnel proposed for the project appear to have the appropriate experience, capabilities?

Have the proposed personnel demonstrated the ability to achieve quality work on schedule?

Given the scope and schedule of the project, identify the specific Job Superintendent, Assistant job Superintendent, Project Manager, Assistant Project manager, Estimator and Field Operations personnel who would work on the project(s). Provide a resume and references for each individual. The Project Manager/Project Superintendent will be required to remain on the project through final completion unless the Owner directs for any personnel to be removed.

The CM may request that a Project Superintendent or a Project Manager be removed from the project only with the approval of the Owner.

STEP TWO:

The following section relates to Cost issues associated with the Construction Manager At-Risk process and will be considered in Step Two only:

01. COST FACTORS – 30% of Scoring in Step Two Firms selected to advance to Step Two will receive a score up to 30% for demonstrating compliance with this criterion based on the following requested information:

I. CMAR Fee II. General Conditions Pricing III. Staffing Resources Allocated to Project IV. Savings and Unused Contingency Disposition

Are the proposed fees competitive with other proposals If savings are realized during construction, what percentage of those savings is returned to the District? Scale between

100% - 0% What is the firm’s concept for the disposition of any unused contingency included in the project cost? 100% to the

District - less?

02. INTERVIEW - of Scoring in Step Two Firms selected to advance to Step Two will receive a score up to 70% for their performance during the interview based on the following requested information:

I. Proposed Project Team II. Understanding of the CM At-Risk process

Is the entire proposed project team present for the interview?

Are the roles assigned to each individual clear?

Does the project team have the same understanding of the district’s needs as the District does?

What unique skills does this project team bring to the project identified in this process?

How satisfied is the HEB ISD Interview Team with the proposed project schedule of this firm? What additional information was obtained during the interview about this firm’s approach to this project that differentiates them from the other firms?

What is the firm’s approach to dealing with the municipality where this project is located? Do they demonstrate the ability to obtain required permits required to build this project?

What is their relationship with the Architect for this project?

Has the firm provided examples of the CM “Team Player” relationship and how any adversarial situation during construction was remedied?

7.7 SELECTION PROCESS

7.7.1 EVALUATION COMMITTEE: If deemed necessary, the evaluation and selection of vendor(s) for contract award will be conducted by an Evaluation Committee. The Evaluation Committee will be composed of members from Hurst-Euless- Bedford Independent School District (HEB ISD) based on position, expertise in the area for which the procurement is being conducted, or as the requestor of the procurement process. HEB ISD reserves the right to add, delete or substitute members of the Evaluation Committee as it deems necessary. The Purchasing Department is responsible for administering the evaluation process and will serve in a non-voting capacity.

7.7.2 PRICING: All fees and charges should be included in the prices section. However, if the proposer anticipates any extraordinary charges, they must be detailed in the proposal. The Cost Proposal Form will be required in Step Two of this process. Only those firms invited to participate in an interview will be required to complete and submit this form; however, it is advised that firms prepare this form in anticipation of being selected for an interview.

7.7.3 The Evaluation Committee will narrow the submitted Qualification Statements to the few that best meet the requirements of the Request For Qualifications (RFQ) and which best meets the complete needs of the HEB ISD. At that point, interviews may be scheduled for demonstrations. If a contract is not agreed upon, the committee may begin formally close negotiations with the highest ranked firm and begin negotiations with the firm submitting the second highest ranked Qualification Statement. This will continue until an acceptable agreement can be reached. The resulting contract will be sent to the Board for approval along with the award recommendation.

8.0 RESERVATION OF RIGHTS. HEB ISD expressly reserves the right to:

(a) Reject or cancel any or all Qualification Statements;

(b) Waive any defect, irregularity or informality in any proposal or RFQ procedure;

(c) Waive as an informality, minor deviations from specifications at a lower price than other Qualification Statements meeting all aspects of the specifications if it is determined that total cost is lower and the overall function is not impaired;

(d) Reissue an RFQ;

(f) Consider and accept an alternate proposal as provided herein when most advantageous to HEB ISD;

(g) HEB ISD has the right to cancel the contract with a thirty day written notice, without prejudice, for factors including, but not limited to, non-availability or non-appropriation of funds; and/or

(h) Procure any item or services by other means to meet time-sensitive requirements.

9.0 ACCEPTANCE. Notification of award will be sent by a letter of acceptance, email, or may be made public on the District’s Purchasing website (https://www.hebisd.edu/departments/purchasing/bid-awards). If notified by letter, the letter of acceptance, citing the RFQ, consummates the contract, which consists of the RFQ, the vendor’s offer, and the signed letter of acceptance. Subsequent purchase or delivery orders may be issued as appropriate.

10.0 INVOICES AND PAYMENTS. Offeror shall submit separate invoices, in duplicate, on each purchase order after each delivery and/or project completed. Invoices shall indicate the purchase order number and the RFQ number. Invoices shall be itemized. If applicable, a copy of the bill of lading should be attached to the invoice and mailed to HEB ISD at the address specified on the purchase order. No charge or addition to the accepted price shall be made by the vendor for delivering, placing, or invoicing product(s). Payment shall not be due until all items on the purchase order have been received by HEB ISD (unless specified in the specifications) or the project has been completed and the above instruments are submitted and the invoice has been accepted by HEB ISD. All prices shall be F.O.B. destination. Funds for completed purchase orders concerning this contract will be available within thirty (30) days of completion and acceptance by the district.

11.0 WARRANTY-PRICE. The price to be paid shall be that contained in Offeror’s proposal which Offeror warrants to be no higher than Offeror's current prices on orders by others for products of the kind and specification covered by this RFQ for similar quantities under similar or like conditions and methods of purchase. In the event Offeror breaches this warranty, the prices of the items shall be reduced to the Offeror’s current prices on orders by others, or in the alternative, HEB ISD may cancel this RFQ without liability to Offeror for breach. Quotes provided to the district, under any resulting contract or agreement from this process, shall reference the products awarded with this contract and shall reflect any discount, in addition to RFP number. (This paragraph does not apply to this solicitation).

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

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

12.2 HEB ISD may terminate the contract and debar the vendor from future “bidding” for violations of the federal requirements including, but not limited to, “Contract Work Hours and Safety Standards Act”, “Equal Employment Opportunity Act”, and “Energy Policy and Conservation Act”.

13.0 ASSIGNMENT-DELEGATION. No right or interest in this contract shall be assigned or any obligation delegated by Offeror without the written permission of HEB ISD.

14.0 INTERPRETATION. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms thereof. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used herein, and acceptance of a course of performance rendered under this RFQ shall not be relevant to determine the meaning of this RFQ even though the accepting party has knowledge of the performance and opportunity for objection.

15.0 APPLICABLE LAW. This RFQ, and its resulting contract, shall be governed first by the laws of the State of Texas, and venue for any disputes arising thereunder shall be in Tarrant County, Texas and secondarily by the Uniform Commercial Code as adopted in the State of Texas and in force on the date of this RFQ.

16.0 NOTIFICATION OF CRIMINAL RECORD. The person or entity submitting an offer must give notice to the district, at the time of offer submission, 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 this conviction of a felony (this requirement does not apply to a publicly held corporation).

17.0 INDEMNIFICATION AND HOLD HARMLESS: Except as otherwise expressly provided, Offeror shall defend, indemnify, and hold HEB ISD harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses, and attorneys’ fees incurred, which arise by reason of the acts or omissions of Offeror, its agents or employees in the performance of its obligations under this contract. This clause shall survive termination of this contract.

18.0 ASSIGNMENT OF OVERCHARGE CLAIMS. Successful Offeror shall assign to HEB ISD any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA, Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

19.0 REPRODUCTION, DISTRIBUTION, ASSIGNMENT and DELEGATION. Copies of this Request For Competitive Sealed Qualification Statements document may be reproduced for convenience in collaborating or working with other individuals in the company submitting the proposal; however, the vendor registered as the plan holder must submit his/her proposal on the original Request For Competitive Sealed Qualification Statements document. NOTE: Vendors may not collaborate with any other vendor in preparing his/her proposal.

19.1 ASSIGNMENT-DELEGATION. No right or interest in a contract resulting from this request for Request For Competitive Sealed Qualification Statements process shall be assigned or any obligation delegated by Offeror without the written permission of the Hurst-Euless-Bedford Independent School District.

20.0 DISTRIBUTION. The Hurst-Euless-Bedford Independent School District owns the exclusive right to distribute this and any procurement document to vendors requesting to be included in the procurement process or to vendors that have been identified as vendors qualified to provide the goods and/or services required in this document.

20.1 RESPONSE FORMS/ATTRIBUTES: This RFQ has a number of items that require responding vendors to certify and assure HEB ISD of acceptance. If submitting electronically, the forms that are normally required to be completed are replaced by “Attributes” in the e-Bidding system. Failure to comply with attributes will disqualify your offer. The attributes and the purpose they fulfill are:

20.2 PROPOSAL FORMS CHECKLIST: This form is used as a checklist for proposing vendors to indicate that each required form has been reviewed and addressed as part of your bid response. This form does not apply for procurement processes administered through the e-bidding system.

20.3 AFFIDAVIT OF AUTHORITY AND NON-COLLUSION: This is a sworn statement that the individual presenting the offer to HEB ISD is authorized to represent the firm making the offer and that the firm will enter into any resulting agreement. It further affirms, under sworn statement, that the Qualification Statement was not prepared in collusion with any competing vendor nor were price fixing and pre-arranged agreements made prior to or during the administration of this process. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement, proposal or bid to be considered.

20.4 STATEMENT OF COMPLIANCE/DEVIATION FORM: This attribute is a sworn statement that the Qualification Statement complies with all specifications and/or scope of work contained in the solicitation document, unless listed in the Exceptions section on this form, which is provided for the express purposes of identifying exceptions being taken from the specifications and/or scope of work.

In the absence of any deviation entry on this form, the bidder assures the District of his/her full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this document. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement, proposal or bid to be considered.

20.5 FELONY CONVICTION NOTICE: Texas State Law requires that persons or entities entering into business agreements with School districts must give notice to the district if the person or owner has been convicted of a felony. This attribute addresses this Requirement and must be submitted. NOTE: Conviction of a felony does not necessarily disqualify a vendor from receiving a Contract but are examined on a case by case basis. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.6 PROPOSAL QUESTIONNAIRE: If required, this attribute is used for the purpose of providing in-depth information about the firm submitting the offer, including experience levels, special training and/or skills needed to provide the services or goods required of the solicitation. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.7 CONFLICT OF INTEREST COMPLIANCE FORM: This attribute is required in conjunction with House Bill 914, which went into law September 1, 2005, and became effective January 1, 2006. This is a three-page form, the first of which is a Notice to Vendors and the remaining two pages are the Conflict of Interest Questionnaire. Response to this fulfills requirements under Chapter 176, Section 176.006

(a) of the Texas Local Government Code. Vendors are required to complete this and include in his/her response, if applicable. Prospective vendors must address this attribute for a Proposal, Qualification Statement or bid to be considered.

NOTE: Submitting a Conflict of Interest Disclosure Statement does not necessarily disqualify a vendor from receiving a Contract but are examined on a case by case basis.

20.8 IRS FORM W-9: This is a required form by the IRS for government entities that pay vendors in excess of $600.00 annually in order to issue a 1099 form and is required in conjunction with the reporting requirements by the Internal Revenue Service. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.9 HEB ISD CONTRACTOR CERTIFICATION: Texas Education Code chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. This attribute certifies that the vendors submitting will perform the required background check according to state law. Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.10 CHAPTER 2270 (BOYCOTT) VERIFICATION: This form contains a requirement for vendors competing on government contracts to declare that, at the time of they are seeking to contract with a government entity they 1) do not boycott Israel, and 2) they will not boycott Israel during the term of the contract with the government entity. “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 “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exist to make a profit. This requirement became effective on September 1, 2017 resulting from the passage of House Bill 89. (Pursuant to Texas Government Code §2270 and §808.001).

Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.11 CHAPTER 2272 (NON-ABORTION AFFILIATION) VERIFICATION: Pursuant to Texas Government Code Chapter 2272, the District is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate receives something of value derived from state or local tax revenue. Any contract entered into by the District is void if the prospective vendor has such a prohibited affiliation or contractual relationship. By submitting a proposal in response to the request for proposal, you are certifying to the District that you do not have such an affiliation or contractual relationship. This requirement became effective on September 1, 2019 resulting from the passage of Senate Bill 22. (Pursuant to Texas Government Code §2272.001 - .005). Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.12 DOES NOT DISCRIMINATE AGAINST FIREARM AND AMMUNITION INDUSTRIES: Pursuant to Texas Government Code, Chapter 2274, as amended, if Contractor is a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly-owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations (specifically excluding sole proprietorships) that exists to make a profit which has ten (10) or more full-time employees and the value of the contract with Owner is $100,000 or more, the Contractor represents and warrants to the Owner that the Contractor does not and will not Discriminate Against Firearm and Ammunition Industries during the term of this Agreement.

If not exempt from this requirement, pursuant to Texas Government Code Chapter 2274, as amended, the undersigned authorized representative of the company named below (hereinafter referred to as Company), verifies, represents and warrants to the Hurst-Euless- Bedford I.S.D. that the Company:

1. Does not Discriminate Against the Firearm and Ammunition Industries and;

2. Will not Discriminate Against Firearm and Ammunition Industries during the term of the contract (if any) between the above-named Company, business or individual with the Hurst-Euless-Bedford Independent School District. Effective Sept. 1, 2021

Prospective vendors must comply with this attribute for a Proposal, Qualification Statement or bid to be considered.

20.13 DOES NOT BOYCOTT CERTAIN ENERGY COMPANIES:…