FABENS INDEPENDENT SCHOOL DISTRICT FABENS, TEXAS. REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES Risk) FOR

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1 FABENS INDEPENDENT SCHOOL DISTRICT FABENS, TEXAS REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES Risk) FOR A New High School Competition Gym RFP No PROPOSALS ARE DUE 10:00 a.m., M.S.T., Thursday, June 11, 2015.

2 Page 1 REQUEST FOR PROPOSALS Fabens Independent School District CONSTRUCTION RISK SERVICES RFP No The Fabens Independent School District will accept Request for Proposals from Construction Managers at Risk, RFP No until 10:00 A.M., M.S.T., Thursday, June 11, 2015, at the Administration Building at 821 N.E. G Avenue, Fabens, Texas 79838: Gilbert Alarcon Assistant Superintendent for Finance & Operations Fabens Independent School District 821 N. E. G Avenue Fabens, Texas (915) for Construction Risk Services for A New High School Competition Gym. A New High School Competition Gym Construct a new High School Competition Gym to accommodate a 4A athletic program. Will seat approximately 1,500 spectators. The Request for Proposal forms may be obtained beginning: May 27, 2015, from the office of the Assistant Superintendent for Finance & Operations: Gilbert Alarcon Assistant Superintendent for Finance & Operations Fabens Independent School District 821 N. E. G Avenue Fabens, Texas (915) Fabens I.S.D. reserves the right to waive any formalities and to reject any or all proposals.

3 Page 2 Request for Proposals Projects and Schedule Pursuant to the provisions of the Texas Education Code Section it is the intention of the Fabens Independent School District to select via a SINGLE STEP process for Request for Proposals, a Construction Manager at Risk for new construction of the projects listed. The selected Construction Manager is to assist the District and its Architects with cost estimating, scheduling and constructability reviews during the design and construction documents phases, and to build the projects thereafter as a Construction Manager at Risk. Statements of Proposals are to include the information requested in the questionnaire below in the sequence and format prescribed. In addition to and separate from the requested information, organizations submitting may provide supplementary materials further describing their capabilities and experience and their approach to meeting the aggressive construction schedule. Statements of Proposals: An original marked accordingly along with (7 copies) of the proposal are to be submitted in person to: Gilbert Alarcon Assistant Superintendent for Finance & Operations Fabens Independent School District 821 N. E. G Avenue Fabens, Texas (915) Statements of Proposals must be received by the School District no later than: 10:00 A.M., M.S.T., Thursday, June 11, 2015 Thereafter, the District will review the Request for Proposals and make a recommendation to the Board. The selection process will follow the provisions of the Texas Education Code Section , the District will undertake a ONE STEP process in the selection of the recommended Firms. The Owner retains the discretion of returning late submissions unopened to the originators. FAXED COPIES OF THE REQUEST FOR PROPOSALS WILL NOT BE ACCEPTED.

4 Page 3 Please provide the following information in the sequence and format prescribed by this questionnaire. Supplemental materials providing additional information may be attached, but the information requested below is to be provided in this format. 1. Firm Information 1.1 Name of firm: 1.2 Address of principle office: 1.3 Phone, Fax Numbers: 1.4 Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other): 1.5 Year Founded: 1.6 Primary Individual to Contact: 2. Organization: 2.1 How many years has your organization been in business as a Contractor? 2.2 How many years has your organization been in business under its present name? Under what other or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: Date of incorporation, State of incorporation, President s name, Vice President s name(s), Secretary s name, Treasurer s name. 2.4 If your organization is a partnership, answer the following: Date of organization, type of partnership (if applicable), names of general partner(s). 2.5 If your organization is individually owned, answer the following: Date of organization, name of Owner. 2.6 If the form of your organization is other than those listed above, describe it and name the principals. 3. Licensing 3.1 List jurisdiction and trade categories in which your organization is legally qualified to do business and indicate registration or license numbers, if applicable. 3.2 List jurisdictions in which your organization s partnership or trade name is filed. 4. Experience 4.1 List the categories of work that your organization normally performs with its forces. Would you propose to do any work with your own forces or to bid all work to subcontractors? 4.2 List any subcontractors in which your organization has some ownership and list the categories of work those subcontractors normally perform. 4.3 Claims and suits (If the answer to any of the questions below is yes, please attach details.) Has your organization ever failed to complete any work awarded to it? Are there any judgements, claims, arbitration proceeding or suit spending or outstanding against your organization or its officers? Has your organization filed any lawsuits or requested arbitration with regards to construction contracts within the last five years?

5 Page Within the last five years, has an officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) 4.5 Current work: List the major construction projects your organization has in progress, (Preferably as Construction Manager at Risk), giving the name and location of project, the nature of your selection for the project and the service you are providing (general contractor with bid selection, construction manager with qualification selection and GMP, etc.), owner, architect, contract amount, percent complete and scheduled completion date. 4.6 Work over last five (5) years: List major projects (particularly educational facilities) constructed by your organization over the last 5 years, (preferably as Construction Manager at Risk). For each project, provide the name nature of the project/function of the building, size (SF), location, cost completion date, owner and architect, and the manner in which your organization was selected (bid or RFP or other method). 5. Financial Information: 5.1 Attach a financial statement, preferably audited, including your organization s latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable accrued income, deposits, materials inventory, and prepaid expenses) Net fixed Assets Other Assets Current Liabilities (e.g., accounts payable, notes payable, accrue expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes). Non-current liabilities (e.g., notes payable). Other liabilities (e.g., capital, capital, capital stock, authorized and outstanding shares par value, earned surplus and retained earnings). 5.2 Name and address of firm preparing attached financial statement and date thereof. 5.3 Is the attached financial statement for the identical organization named under item 1 above. If not, explain the relationship of the organization whose financial statement is provided (e.g. parent subsidiary). 5.4 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 5.5 Provide name, address, and phone for bank reference. 5.6 Surety: Name of bonding company, name and address of agent. 5.7 What is your firm s total bonding capacity? How much is currently uncommitted? 5.8 List the types of insurance and limits of coverage you firm currently carries. 5.9 What is your safety record as evidenced by your Worker s Compensation Experience Modifier?

6 Page 5 6. Experience with, Concepts for working as a Construction Manager at Risk. 6.1 Describe your organization s concept for working in a team relationship with the Owner and Architect during the design and construction of major projects. Describe your Organization s methods for estimating costs, and for scheduling during the design/construction documents phases. It is anticipated that the guaranteed maximum price (GMP) will be furnished at 100% construction document phase. Is this an appropriate time for its submission? Which (one or more) of those projects listed above best exemplify these concepts and experience? 6.2 Cost Estimates Attach a sample conceptual cost estimate prepared during the design phase of a project, and a sample of the final cost estimate/breakdown used to fix the contract amount for the construction of the same project. (The identity of the project may be concealed. The intent is to see the nature and format of the cost information provided.) 6.3 Fees It is anticipated that the District will enter into a fixed sum contract with the Construction Manager. A proposed fee quote is required with the written Request for Proposals. When the fee is proposed, it should be divided into two parts for each separate project: list proposed CM@Risk Fees and General Conditions Fees Pre-construction Services Fee Describe your organizations ideology as it pertains to the pre-construction phase fee, this should include personnel expenses, project estimates, preliminary project schedule, value engineering and constructability review, overhead and profit, and other services, through the Design Phase portion of the Project Construction Phase Services Fee Describe your organization s ideology as it pertains to the construction phase fee, this should include overhead and profit for the services necessary to administer the project construction, through the Construction Phase of the Project. The fee quoted will include direct project management expenses (on-site personnel expenses) and direct project expenses. These items will be negotiated after the construction manager is chosen, and will be included as a part of the guaranteed maximum price. Describe the method of payment your firm would desire, including when various fees would be due. 6.4 Savings Describe your organization s concept for the disposition of savings realized during construction. Is the full amount returned to the owner? 6.5 Contingencies Describe your organization s concept for cost contingencies during design? During Construction? What is your organization s concept for the disposition of contingency funds after the completion of the project?

7 Page Cost Information Your firm would be required to make all cost information during design and construction available to owner and architect. Describe how this information would be furnished and how the owner and architect would be assured that it is complete and accurate. 6.7 Design Consultants Selections Describe your firm s ability to assist in the selection of design consultants consistent with this type of delivery method? 7. Safety Identify or define your firm s safety objectives and responsibilities. Provide information as pertains to your firm s accident frequency rate and modifier for the last two years. 8. Personnel Given the scope and the schedule of the project, identify the specific Project Manager, Estimator, Project Controls Manager and Site Superintendent(s) who would work on the project. Provide a resume for each individual. List the number of home office staff to assist in the fast track construction of these projects. 9. Owner/Consultant Agreement The School District will use the Owner/Construction Manager Agreement on the AIA Document A121/CMc-AGC Document 565, 1991 Edition, plus the school district s required supplemental provisions. Please note any exceptions/issues you would raise relative to this document. A copy of the School District s Supplemental Conditions can be requested. 10. References For three (3) of the projects listed above, identify a representative of the owner and a representative of the architect (provide name, phone/fax numbers) whom we could contact as references regarding your organization s services. At least three of the references are to be for educational projects of comparable scope.

8 Page 7 SELECTION OF CONSTRUCTION MANAGER PROJECT SCHEDULE Request for Proposals Advertised May 27, 2015 June 3, 2015 Receive and Review Request for Proposals June 11, 2015 Selection of Construction Manager at Board Meeting Anticipated Notice to Proceed to Risk Firm June/July Board Meeting To be determined CONSTRUCTION COMPLETION SCHEDULES Project/Site Anticipated Approximate Completion Date Construction Cost New Competition Gym / High School August Million SELECTION CRITIERIA CONSTRUCTION MANAGEMENT AT RISK 1. Experience 20% 2. Project Management and Scheduling 20% 3. Fee Schedule 10% a. Risk Fees b. General Conditions Fees 4. Past Performance 15% 5. Qualifications of Assigned Personnel 10% 6. Safety Record 5% 7. References 5% 8. Return of Savings 5% 9. Bonding Capacity 5% 10. Local Presence 5% The School District may conduct an initial screening of firm s qualifications and experience. The School District, at its sole discretion, shall reserves the right to schedule interviews or presentations by perspective Construction Managers. The School District shall select the firm or firms that provide the best value to the District.

9 Page 8 FABENS INDEPENDENT SCHOOL DISTRICT GENERAL INFORMATION CONSTRUCTION MANAGEMENT SERVICES Risk) Request for Proposals CM@Risk A New High School Competition Gym RFP NO Questionnaire to Determine Principal Place of Business Under article LGC Texas revised Civil Statutes. GENERAL INFORMATION: 1. Legal Name of Business: 2. Street Address: 3. Post Office Box (if any) or Mailing Address if different from question #2. 4. City: State: Zip: 5. Telephone Number: ( ) 6. Nature of Business (i.e., automobile dealer, electrical contractor, etc.): 7. Type of Business Organization (check one): Sole Proprietorship Partnership (general or limited) Other Legal Entity Corporation Questions Related to Principal Place of Business: 1. In what state is your principal place of business? 2. In what state, if any, is your business incorporated? 3. If business is a corporation, furnish the name and address of the agent for services: 4. If your business authorized to do business under the laws of the State of Texas? 5. Do you transact business in more than one state? If so, list all states in which you transact business: 6. In what state are the majority of your activities conducted? 7. List the total gross sales of your business within the last two calendar years. $ 8. In what State does your business earn the largest percentage of its revenues? What percentage is earned in Texas?

10 Page 9 9. In what State is the largest percentage of the capital? Assets of your business located? What percentage is located in Texas? 10. Give the address of your general office where centralized control of your business is conducted? 11. In what State does the largest percentage of full-time equivalent employees of your business reside permanently? What percentage resides permanently in Texas? How many full-time equivalent employees reside permanently in Texas? 12. Give the name and residential address(es) of the officer (s), sole proprietor or partners of your business. Owner or Officer Printed Name Print Title

11 Page 10 FABENS INDEPENDENT SCHOOL DISTRICT CONSTRUCTION MANAGEMENT SERVICES Risk) RFP NO FELONY CONVICTION/DEBARMENT NOTICE State of Texas Legislative Senate Bill No. 1 Section , Notification of Criminal History, Subsection (a) states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This notice is not required of a publicly-held corporation (Please CHECK APPROPRIATE BOX below and COMPLETE BOTH SIGNATURE BLOCKS) Company s Name: Authorized Company Official s Name (printed) My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable. My firm is not owned nor operated by anyone who has been convicted of a felony. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Signature of Company Official: *********************************************************** I hereby further certify that my company has not been debarred, suspended or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, Debarment and Suspension, as described in the Federal Register Rules and Regulations. Signature of Company Official:

12 Page 11 FABENS INDEPENDENT SCHOOL DISTRICT CONSTRUCTION MANAGEMENT SERVICES Risk) RFP NO REQUIRED WORKERS COMPENSATION COVERAGES 28 TAC (c)(7), ADOPTED TO IMPLEMENT TEXAS LABOR CODE A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance (TDI), or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers compensation insurance coverage for the person s or entity s employees providing services on a project is required for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor s/person s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ( subcontractor in Texas Labor Code ) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all employees of the contractor providing services on the project for the duration of the project. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. If the coverage period shown on the contractor s current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

13 Page 13 The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the TDI, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all of its employees providing services on the project for the duration of the project; 2. Provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project for the duration of the project; 3. Provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 4. Obtain from each other person with whom it contracts, and provide to the contractor: a. A certificate of coverage, prior to the other person beginning work on the project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts to perform as required by items 1 6, with the certificates of coverage to be provided to the person for whom they are providing services. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the TDI s Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. The contractor s failure to comply with any of these provisions is a breach of contract by the contractor that entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. The coverage requirement recited above does not apply to sole proprietors, partners, and corporate officers who are excluded from coverage in an insurance policy or certificate of authority to self-insure that is delivered, issued for delivery, or renewed on or after January 1, TAC (i)

14 Page 14 FABENS INDEPENDENT SCHOOL DISTRICT RFP ACKNOWLEDGMENT FORM CONSTRUCTION MANAGEMENT SERVICES Risk) RFP NO "The undersigned affirms that he/she is duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other Bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." COMPANY'S NAME: ADDRESS: PHONE: FAX NUMBER: BIDDER (Signature): BIDDER (Print Name): POSITION with Company: SIGNATURE of Company Official Authorizing This Bid: Company Official (Print Name): Official Position: *********************************************************************** The bidder hereby acknowledges receipt of the following listed addenda and agrees that all addenda issued are made part of the contract documents, and the bidder further agrees that his/her bid(s) includes all changes resulting from said addenda. ADDENDUM NO. DATE ADDENDUM NO. DATE ADDENDUM NO. DATE ************************************************************************ Please provide name and title of any employee of your firm who may have acted as a consultant in the preparation of this bid:

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