Houston Independent School District - REQUEST FOR ... · Web view2012/12/18 · - Demolition and...

REQUEST FOR QUALIFICATIONS

CONSTRUCTION MANAGEMENT SERVICES(CMAR – One -Step Process)

This is a Request for Qualifications and Cost Proposal as defined in

Texas Government Code 2269 for Construction Manager (CM) at Risk

CMAR / RFQ - Demolition and New Construction of Braeburn Elementary, Kolter Elementary, Mitchell Elementary, and Scarborough Elementary

The Houston Independent School District (“HISD” and/or the “District”) is soliciting Statement of Qualifications (SOQs) and Proposal for Construction Management Services for a Construction Manager at Risk (“CMAR”) for four (4) project (“School Projects”). The Board of Trustees and its delegate have determined that the CMAR One-Step delivery method will provide the best value to the District for the School Projects. The School Projects are more fully described in Section III Scope of Services and Specific Conditions of this CMAR one-step process - Request for Qualifications (“RFQ”) and Price Proposal. Provide one (1) original copy marked “ORIGINAL” with original signatures and one(1) paper copy of the original. In addition, submit three (3) separate, electronic flash drives (flash drives only). Each flash drive must contain a scanned copy (pdf) of the “ORIGINAL”, with original signatures of the SOQ and Price Proposals. Form G (MWBE) and Attachment A (Price Proposal) MUST be as separate envelopes with the submittal. Label one envelope “MWBE” and one envelope “Price Proposal”

Attention: Board ServicesConstruction Manager at Risk (CMAR One-Step)CMAR 18-12-12 – Demolition and New Construction of Braeburn Elementary, Kolter Elementary, Mitchell Elementary, and Scarborough ElementaryHouston Independent School District, Room 1C034400 West 18th Street Houston, Texas 77092

Each binder and any container for the binder(s) and electronic copies must be labeled on the outside with the Respondent’s name and the CMAR number and the project name.

The SOQs and Price Proposals will be received at the above address until 2:00 PM, January 16, 2018 at the Hattie Mae White Administration Building located at 4400 West 18th Street Houston, Texas 77092, A Pre-Submittal conference will be held in conjunction with the RFQ at 2:00 pm in Room 109 of Construction Services, 3200 Center Street, TX 77007 on Tuesday, January 9, 2018. Submitting an SOQ and Price Proposal prior to the pre-submittal conference is not recommended.

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A more detailed timeline is set out in the Instructions, Submission Requirements and Procedures section of the CMAR. Names of companies submitting SOQs and Price Proposals will be read aloud on bid due date January 16, 2018 beginning at 2:10 pm at Hattie Mae White (Check at the front desk for the conference room where the names of companies and price proposals will be read aloud). Contents of SOQs and Proposal Documents will remain confidential during the Code of Silence period (as defined in Section 1.1.2 of the RFQ). Proposals received after the due date and time will not be considered.

Faxed or emailed SOQs and Price Proposals will not be accepted. SOQ and Price Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the due date and time. HISD will not be responsible for SOQs and Price Proposals delivered late by the United States Postal Service, or any other delivery or courier services.

The District may award 1 or more firms for the School Projects.

Details regarding evaluation of Price Proposals and qualification of SOQs and are included in Section III Scope of Work and Specific Conditions.

Richard Gay December 15, 2017

Richard Gay, CPPOProcurement Officer – Procurement Services Date

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RFQ FOR CONSTRUCTION MANAGEMENT SERVICES(CMAR – One-Step Process)

TABLE OF CONTENTS

I. INSTRUCTIONS, SUBMISSION REQUIREMENTS AND PROCEDURES1.1. GENERAL INFORMATION1.1.1 CODE OF SILENCE1.2 DEFINITIONS AND TERMS1.3 SPECIFICTIONS1.4 SOQ INFORMATION REQUIRED1.5 SUBMISSION OF SOQ1.6 FINANCIAL INFORMATION1.7 (Not Used)1.8 (Not Used)1.9 MODIFICATION OR WITHDRAWAL OF SOQ1.10 OPENING SOQS1.11 SCHEDULE1.12 RETENTION OF SOQ DOCUMENTATION1.13 RESERVATION OF RIGHTS1.14 APPEAL PROCESS

II. GENERAL TERMS AND CONDITIONS2.1 AGREEMENT, INTEGRATION, TERM & TRANSITION, REQUIREMENTS2.2 (Not Used)2.3 (Not Used)2.4 AUTHORIZATION/PERMITS2.5 CONFIDENTIAL AND PROPRIETARY INFORMATION2.6 DATA AND PROPRIETARY INFORMATION2.7 TEXAS PUBLIC INFORMATION ACT (TPIA)2.8 STUDENT CONFIDENTIALITY2.9 QUANTITY2.10 GOVERNING LAW2.11 NO WAIVER OF IMMUNITY2.12 NOTICE2.13 SECTION HEADINGS2.14 THIRD PARTY BENEFICIARIES2.15 UNENFORCEABLE SECTIONS2.16 ATTORNEY FEES2.17 HISD CERTIFICATE OF INTERESTED PARTIES 1295

III. SCOPE OF WORK AND SPECIFIC CONDITIONS3.1 SCOPE OF SERVICES3.2 SUBMISSION REQUIREMENTS3.3 SUBMITTAL CONTENT3.4 SELECTION PROCESS3.5 SELECTION CRITERIA

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IV. FORMS Form A CERTIFICATION AND DISCLOSURE STATEMENT Form B FREE OF INDEBTEDNESS STATEMENT Form C CERTIFICATION REGARDING DEBARMENT AND SUSPENSION Form D STATEMENT OF NON-COLLUSION Form E ANTITRUST CERTIFICATION STATEMENT Form F CONFLICT OF INTEREST QUESTIONNAIRE FORM Form G M/WBE PARTICIPATION PLAN

(1. Place an original copy of this report in a separate envelope marked to the attention of “Office of Business Assistance”; and 2) place an original copy of this report in your RFQ marked “Original Copy”.)

Form H EXCEPTION FORM Form I AWARDEE RELATIONS-CHE (LOCAL) QUESTIONNAIRE Form J COMPANY INFORMATION Form K EDGAR CERTIFICATIONS Form L REFERENCE REQUEST FORM FORM M: CRIMINAL HISTORY BACKGROUND CHECK FORM

ATTACHMENTSAttachment A Price Proposals Attachment B Draft CMAR Agreement (Reference ONLY)Attachment C Safety Plan Requirement Check-off List

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I. INSTRUCTIONS, SUBMISSION REQUIREMENTS AND PROCEDURES

1.1 GENERAL INFORMATION : Pursuant to the applicable provisions of Texas Government Code Chapter 2269, it is the intention of the HISD to utilize a one-step process to select one CMAR for four (4) School Projects described more fully herein.

The selected CMAR is to serve as the general contractor to assist the District with specified services per the Agreement established, signed, and agreed to between HISD and the selected and Board awarded general contractor; and the selected and Board awarded general contractor, per the Agreement established with HISD, shall assume the risk for specified and agreed to work to be performed at a Guaranteed Maximum Price. The District shall require consistent high quality delivery, per the Agreement, to meet established schedules and budgets. The site(s), scope, schedule, selection criteria with weighted value, estimated budget(s), and time and place for receipt of the Requested Qualifications are hereinafter described or are attached.

The following instructions by the District are intended to afford Respondent(s) an equal opportunity to participate in the one-step CMAR process, and provide a predetermined set of criteria representing the District’s business and service requirements.

1.1.1CODE OF SILENCE AND CONFLICTS OF INTEREST : The HISD Board has adopted a “Code of Silence” (Board Policy CAA (Local)) and “Conflict of Interest Disclosures” (Board Policy BBFA (Local)) to enforce its commitment to ethical contracting standards and improve accountability and public confidence. It is important to avoid both the appearance of conflicts and actual conflicts of interest.

1.1.2 “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, but not limited to, the HISD Foundation and the HISD Public Facility Corporation), including a potential vendor or vendor's representative, and

2. 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 Project Manager listed in Section 1.1.4 of this RFQ.

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.

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. For more information please click on the following links:http://pol.tasb.org/Policy/Download/592?filename=BBFA(LOCAL).pdf

http://pol.tasb.org/Policy/Download/592?filename=CAA(LOCAL).pdf

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Board Policy CAA (Local) pertaining to the “Code of Silence” and Board Policy BBFA (Local) pertaining to “Conflict of Interest Disclosures” are attached by URL link above and incorporated by reference. Please review the policies carefully and ensure that the policies are followed in all respects. Respondent(s) agree and understand that noncompliance with the “Code of S ile nce ” po licy may result in disqualification from this RFQ and Price Proposal. Furthermore, the failure of a Board member to disclose a conflict of interest may result in the debarment of a vendor for 24 months.

1.1.3 By submitting a SOQ and Price Proposal, Respondent(s) agree to provide the services in full accordance with the scope of work and other contract documents notwithstanding existing labor markets’ conditions.

1.1.4 The designated Project Manager during the CMAR one-step process shall be Christopher Vest, Senior, Strategic Sourcing, Procurement Services, 4400 West 18th Street, Houston, Texas 77092, , (e-mail) [email protected].

1.1.5 Questions concerning the RFQ will be answered only if sent to the Procurement Services Department, in writing via email to the above Project Manager on or before January 10th 2018 – 4 pm, Central Time.

Responses to written questions submitted prior to the pre-submittal conference will be read at the pre-submittal conference and included in the first addendum along with additional information including questions from the pre-submittal conference. Any additional questions submitted in writing to the Project Manager at the pre-submittal conference will be in another addendum. No other questions will be allowed or accepted after the pre-submittal conference. All addenda will be posted on the HISD Procurement website. The District reserves the right to respond to any question as determined by the District.

The Board of Education has approved a resolution establishing policy that requires that the awarded, or selected, Awardee(s) are expected to have paid all assessed taxes and be free of any indebtedness to the District before a project is awarded.

Respondent(s) shall provide the District with a statement concerning any indebtedness, including personal and real property taxes, when submitting responses.

1.1.6 (Not to be used)

1.1.7 All costs related to the preparation and submission of an SOQ shall be the responsibility of the Respondent. Issuance of this RFQ does not commit HISD, in any way, to pay any costs in the preparation and submission of the SOQ. Nor does the issuance of the RFQ obligate HISD to make an award, enter into an agreement, or purchase any goods and services stated in the RFQ.

1.2 DEFINITIONS AND TERMS: In this RFQ, terms are used as follows:

1.2.1 “Agreement” is defined in Section II, General Terms and Conditions.

1.2.2 “HISD”, “Owner”, and/or “District” refers to Houston Independent School District.

1.2.3 “Respondent” refers to the person/firm that submits an SOQ and Price Proposal to this RFQ.

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

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

1.2.6 “RFQ” refers to a one-step CMAR request for qualifications and price proposal process conducted pursuant to 6

mailto:%[email protected].

mailto:%[email protected].


2269 of the Texas Government Code.

1.2.6.5 “Proposal” refers to the additional information, including pricing, submitted by Proposers.

1.2.6.5 “Proposer” refers to those Respondents selected on the basis of qualifications in the one-step process of the CMAR RFQ

1.2.7 “Scope of Work” is set forth in Section III, Scope of Work and Specific Conditions.

1.2.8 “Awardee” refers to the person(s)/firm(s)/entity(ies) selected for an award of an Agreement pursuant to this RFQ (but subject to final execution of the Agreement by both the District and the Awardee).

1.2.9 Singular terms shall include the plural and vice versa. A gender reference includes both genders.

1.3 SPECIFICATIONS : Respondent(s) are expected to examine and be familiar with all requirements and obligations of this entire RFQ. Failure to do so will be at the Respondent’s risk. The evaluation criteria for the award of this CMAR one-step process are set forth in the Scope of Work and Specific Conditions Section of this RFQ at Section 3.5. All exceptions to the specifications and requirements of the RFQ must be noted in detail in the SOQ Exception Form (Form H hereto) and included in the SOQ.

1.4 SOQ INFORMATION REQUIRED :

(PLEASE REFER TO THE SCOPE OF WORK, SECTION III.)

1.5 SUBMISSION OF SOQ and Price Proposal: Construction Manager (CM) at Risk services will be procured in accordance with all applicable law pertaining to the procurement of construction management services and the terms, conditions and requirement set forth in this RFQ. A selection committee, comprised of District personnel, will conduct a comprehensive, fair and impartial evaluation of all SOQs and Price Proposal received using the criteria listed in the RFQ.

1.5.1 Failure to manually sign the required forms of this SOQ may result in rejection of the SOQ.

1.5.2 A signed submitted SOQ constitutes an offer to contract with the District to perform the work specified in this RFQ

1.6 FINANCIAL INFORMATION: Respondent(s) shall submit any financial information required by the RFQ.

1.7 (Not Used)

1.8 (Not Used)

1.9 MODIFICATION OR WITHDRAWAL OF SOQ : A Respondent may modify or withdraw its SOQ by written or electronic notice received by the Project Manager prior to the exact hour and date specified as the deadline for receipt of SOQs. A SOQ may also be withdrawn in person by a Respondent’s authorized representative prior to the SOQ’s due date and time, provided the Respondent’s identity is confirmed and Respondent’s representative signs a receipt for the SOQ.

1.10 OPENING RFQ AND PROPOSAL ONE - STEP PROCESS : A formal public opening will be held for this SOQ and the names of the companies and the prices will be read aloud. Trade secrets and confidential information contained in SOQs shall not generally be open for public inspection, but HISD’s records are subject to the State of Texas Public Information Act requirements (also see Section 2.7 of this RFQ).

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1.11 SCHEDULE: The following schedule and timelines apply to this RFQ.

1.11.1 CMAR One-Step Schedule : HISD desires to complete the solicitation process in accordance with the following timeline:

January 9, 2018 Pre-Submittal conference at 3200 Center Street at 2pm.January 16, 2018 Submit SOQ and Price Proposal – CMAR One-Step Process (as described in Page 1)Feb 8, 2018 HISD Board of Education approves selected CMAR

1.11.2. Respondent(s) are strongly encouraged to attend the Pre-Submittal conference. The conference will start promptly at the stated time and be moderated by a Procurement Department member. General rules of business meeting protocol will be observed during the meeting. Admittance for individuals arriving late is at the discretion of the moderator. In the event that an individual is admitted late, questions already discussed will not be revisited during the remaining portion of the conference.

Individuals attending the Pre-Submittal conference will be required to sign an attendance roster. In addition to the attendee’s name and company name, each person will be asked to supply an email address, telephone number and a fax number. This attendance roster will be posted as an addendum on the District’s website along with the RFQ and other related documents.

1.11.3 At the District’s sole discretion, one or more Respondent(s) may be invited to an interview/oral presentation. Said Respondent(s) will be notified by e-mail if the District determines that such interviews/oral presentations are needed. Respondent(s) shall demonstrate their competence, qualifications and/or ability to satisfy the District’s RFQ requirements.

1.11.4 Award of the Project to Respondent(s) becomes binding on the District only when confirmed by a fully executed Agreement. This RFQ is not an offer to contract. The submission of a response to this RFQ is an offer by the Respondent/Proposer to contract only. Acceptance of an SOQ, Proposal, and approval by the Board of Education (“Board”) does not constitute a contract. There will be no contractual obligations binding on the part of the District to any Respondent/Proposer, nor will any Respondent/Proposer have any property interest or other right in the contract unless and until the Agreement is unconditionally executed and delivered by all parties.

1.11.5 Timelines set forth herein may be strictly enforced by the District. The District, however, maintains sole discretion to adjust any deadline or timeline to suit the best interests of the District so long as it does not unduly and materially prejudice any Respondent.

1.11.6 Late Submittal One-Step Process ( SOQs with Proposals): Responses submitted after the due date and time noted in this RFQ shall not be considered and shall be returned to the Respondent(s), unopened, by United States Mail. The District is not responsible for lateness of U.S. Mail, Commercial (Professional) Carrier, personal delivery, or any other delivery method. The time and date stamp clock in the Houston ISD’s Board Services Department, Room 1C03, Hattie Mae White Educational Support Center, 4400 West 18th Street, Houston, Texas 77092, shall be the official date and time of receipt. It shall be the sole responsibility of the Respondent(s) to ensure that his or her bid is received at the appropriate location by the specified deadline. There shall be no exceptions to these requirements.

1.12 RETENTION OF RFQ DOCUMENTATION : All materials and supporting documentation that are submitted in response to this RFQ become the permanent property of HISD.

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1.13 RESERVATION OF RIGHTS: The District reserves the right to reject any SOQs or Proposals or any part of an SOQ or Proposal. Additionally, the District reserves the right to waive any requirements of the RFQ. The District further reserves the right to reject all SOQs and Proposals and seek new SOQs and Proposals when such action would be deemed in the best interests of the District. The District reserves the right in its sole discretion to accept the SOQ(s) of up to five Respondents that the District determines to be the most highly qualified provider of CMAR services based on the criteria set forth in this RFQ. The District reserves the right in its sole discretion to accept one or more Proposals that the District deems to be of best value for the School Project based on the criteria set forth in this RFQ. The District reserves the right to waive any and all minor irregularities in the SOQ(s) and Proposals.

BY SUBMITTING A RESPONSE TO THIS RFQ THE RESPONDENT/PROPOSER AGREES TO AND DOES HEREBY WAIVE ANY AND ALL CLAIMS IT HAS OR MAY HAVE AGAINST THE HOUSTON INDEPENDENT SCHOOL DISTRICT, AND ITS TRUSTEES, EMPLOYEES, OR AGENTS ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION, EVALUATION, OR RECOMMENDATION OF ANY RESPONSE OR OFFER; (2) ANY REQUIREMENTS UNDER THE SOLICITATION, RFQ, OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY RESPONSE OR ANY PART OF ANY RESPONSE OR OFFER; (4) WAIVER BY THE HOUSTON INDEPENDENT SCHOOL DISTRICT OF ANY TECHNICALITIES IN THE RFQ PACKAGE OR ANY RESPONSE, PROPOSAL, OR OFFER; (5) WAIVER OR CHANGE IN ANY NON-MATERIAL PROVISION OF THE RFQ SOLICITATION PACKAGE OR MATERIALS THAT DO NOT ADVERSELY AND SPECIFICALLY AFFECT THE PREVIOUSLY SUBMITTED RESPONSES OR OFFERS; AND/OR (6) THE AWARD OF A CONTRACT, IF ANY.

1.14 APPEAL PROCESS : Any Respondent(s) that submitted a SOQ may appeal the District’s award(s), if the appeal is based on deviations from laws, rules, regulations, or Board of Education policies. Board of Education GF Local applies to Respondent(s) wishing to appeal a SOQ and/or award of a contract: Respondent(s) shall submit appeals via U.S. mail or electronic-mail (e-mail), utilizing the District Dispute Resolution Form, to the General Manager – Procurement Services, and appeals must be received no later than 4:00 P.M. on or before the fifth (5th) business day after Board Award.

II. GENERAL TERMS AND CONDITIONS

The following terms and conditions are incorporated into this RFQ and shall be incorporated into the Agreement between HISD and the successful Respondent(s).

2.1 AGREEMENT, INTEGRATION, TERM & TRANSITION, REQUIREMENTS :

2.1.1 The terms, conditions, specifications, stipulations and requirements stated in this RFQ, and any and all Addenda issued by HISD shall become part of the Agreement entered into between the District and the Awardee, unless otherwise determined by the District per the Agreement provisions. The Awardee, as determined by the District, shall be required to execute the written Agreement to furnish all or services and other deliverables required for successful completion of the Project(s). No Awardee shall obtain any interest or rights in any award until the District has executed the Agreement. The District reserves the right to require any modification, or modifications to the Agreement terms if the modifications are deemed to be in the best interest of the District.

2.1.2 The District does not sign contract forms submitted by an Awardee. Awardee(s) shall be required to execute the District’s Agreement form, which is attached as Attachment B. In the event that a project is awarded to an Awardee and the Awardee requests changes to the District standard Agreement form, the District reserves the right to cancel the award and re-award the project to an alternate Awardee(s).

2.1.3 In the event of a license agreement or other contract document requested by the Awardee for execution, the District reserves the right to review and amend such document at the District’s sole discretion.

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2.1.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY AWARDEE FORM, SOQ OR DOCUMENTATION, THE TERMS AND CONDITIONS OF THE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT SHALL BE CONTROLLING IN ALL INSTANCES.

2.2(Not Used)

2.3(Not Used)

2.4 AUTHORIZATION/PERMITS: The Awardee must have current licenses, permits, fees and similar authorizations required by the City of Houston, Harris Country, and the State of Texas to conduct business and provide awarded goods and/or services to the District and, upon the request of the District, must provide copies of or alternative evidence acceptable to the District of all licenses, permits and fees as being paid and current that are required to do business by the city, county and State for the type of business they are seeking to provide to the District. Awardee will maintain all such licenses, permits, fees and similar authorizations current for the duration of the Agreement term.

2.5 CONFIDENTIAL AND PROPRIETARY INFORMATION : The District and a Respondent and the Awardee(s), if any, may provide technical information, documentation and expertise to each other that is either (1) marked as being confidential or,(1) if delivered in oral form is summarized in writing within 10 working days and identified as being confidential (“Confidential Information”). Except as may otherwise be required by law, the receiving party shall for a period of five (5) years from the date of disclosure (i) hold the disclosing party’s Confidential Information in strict confidence, and (ii), except as previously authorized in writing by the disclosing party, not publish or disclose the disclosing party’s Confidential Information to anyone other than the receiving party’s employees or agents on a need-to-know basis, and (iii) use the disclosing party’s Confidential Information solely for performance of this Project. The foregoing requirement shall not apply to any portion of a party’s Confidential Information which (a) becomes publicly known through no wrongful act or omission on the part of the receiving party; (b) is already known to the receiving party at the time of the disclosure without similar nondisclosure obligations; (c) is rightfully received by the receiving party from a third party without similar nondisclosure obligations; (d) is approved for release by written authorization of the disclosing party; (e) is clearly demonstrated by the receiving party to have been independently developed by the receiving party without access to the disclosing party’s Confidential Information; or (f) is required to be disclosed by order of a court or governmental body or by applicable law, provided that the party intending to make such required disclosure shall notify the other party of such intended disclosure in order to allow such party to seek a protective order or other remedy.

2.6 DATA AND PROPRIETARY INFORMATION: All work, regarding a project, shall be deemed “Work Made For Hire” as defined by the United States Copyright Law, and HISD retains for itself sole ownership of all proprietary rights in and to all designs, engineering details and other data pertaining to any discoveries, inventions, patent rights, software, improvements and the like made by the Awardee’s personnel in the course of performing the work.

2.7 TEXAS PUBLIC INFORMATION ACT (TPIA) : Notwithstanding the requirements of Section 2.7 of this RFQ, Respondents and any Awardees acknowledge that the District is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, the District is required to comply with the requirements of the TPIA and nothing contained in this RFQ; the resulting Agreement(s), if any; or any other document shall operate to require HISD to not fully comply with the TPIA. In the event that a request for documents involves documentation that a Respondent or an Awardee has clearly marked as confidential and/or proprietary, or otherwise is considered Confidential Information, the District will provide the person with the notices under the TPIA. Respondents and Awardees acknowledge that they have the responsibility to file exceptions with the Texas Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure.

2.8 STUDENT CONFIDENTIALITY: Awardee acknowledges that the District has a legal obligation to maintain the confidentiality and privacy of student records in accordance with applicable law and regulations, including, but not limited to the Family Educational Rights and Privacy Act (“FERPA”). Any student information provided to Awardee shall be provided in compliance with the requirements and exceptions outlined in FERPA. Awardee must comply with all statutory and

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regulatory requirements of FERPA and safeguard student information. Awardee may not disclose student information to a third party without prior written consent from the parent or eligible student. Awardee must destroy any student information received from the District when no longer needed for the purposes of the Agreement.

2.9 QUANTITY :

2.9.1 There is no guaranteed amount of business, expressed or implied, to be purchased, or contracted for by HISD. However, the Awardee shall furnish all required services to the District, when and if required.

2.9.2 The District expressly reserves the right to procure any services from other sources or by other means.

2.10 GOVERNING LAW : Any Agreement resulting from this RFQ shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to the conflicts or choice of law principles thereof. The parties irrevocably consent to the jurisdiction of the State of Texas, and agree that any court of competent jurisdiction located in the County of Harris, State of Texas, shall be an appropriate and convenient place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to the Agreement.

2.11 NO WAIVER OF IMMUNITY : The District does not waive or relinquish any immunity or defense on behalf of itself and its trustees, officers, employees, and agents as a result of entering into any agreement or contract relating to any Project or by performing any of the functions or obligations relating to any Project. Nothing in any agreement shall be construed as creating any personal liability on the part of any trustee, officer, employee, or representative of HISD. No waiver of a breach of any provision of the contract and/or Agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach.

2.12 NOTICE: Any notice required to be given relating to this RFQ shall be in writing and shall be duly served when hand- delivered to the addressees set forth below, or shall have been deposited, duly registered or certified, return receipt requested, via the United States Postal Service, or if a party consents, via facsimile or electronic mail in accordance with the Texas Electronic Transactions Act; addressed to the other party at the following addresses:

To: Awardee’s Contact Name and Address as listed in Form A

To: Houston Independent School District Attn: Brian Busby

Chief Operating Officer 4400 West 18th Street Houston, Texas 77092Facsimile: 713-556-6015E-mail: [email protected]

Copy To: Rick Gay, CPPOProcurement Officer – Procurement Services 4400 West 18th StreetHouston, Texas 77092Facsimile: 713-556-6564E-mail: [email protected]

Copy To: Donald R. Boehm HISD AttorneyHouston Independent School District 4400 West 18th StreetHouston, Texas 77092Facsimile: 713-556-6673E-mail: [email protected]

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Any party may designate a different address by giving the other party ten (10) days prior written notice in the manner provided above.

2.13 SECTION HEADINGS: The headings of sections and paragraphs contained in any document related to the RFQ and any Agreement are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions relating to the project.

2.14 THIRD PARTY BENEFICIARIES: Nothing relating to any Project or resulting Agreement, if any, shall be deemed or construed to create any rights in any third party or otherwise give any third party any claim or right of action against HISD or the Awardee(s) including any rights in the nature of third party beneficiaries or fiduciaries.

2.15 UNENFORCEABLE SECTIONS: If any portion of this RFQ or any Agreement is deemed to be unenforceable, the remainder of the RFQ and Agreement shall be construed as if such unenforceable provisions had never been contained therein.

2.16 ATTORNEY S’ FEES: In connection with HISD’s defense of any suit against it and/or HISD’s prosecution of any claim, counterclaim or action to enforce any of its rights and/or claims related to this RFQ or any resulting Agreement, in which HISD prevails as to all or any portion of its defense(s), claims, counterclaims or actions, HISD shall be entitled to recover its actual attorney’s fee and expenses incurred in defending such suit and/or in prosecuting such claim or action.

2.17 HISD CERTIFICATE OF INTERESTED PARTIES – FORM 1295 : Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online filing application, printed out, signed, notarized, and attached to vendor’s response to this solicitation.

Houston ISD (“HISD”) is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits HISD from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to HISD at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.

“Interested Party” means a person:a) who has a controlling interest in a business entity with whom HISD contracts; orb) who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker,

intermediary, adviser, or attorney for the business entity.

“Business Entity” means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation.

“Controlling Interest” means (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

As a “ business entity,” all vendors must electronically complete, print, sign, notariz e, and submit Form 1295 with their proposals even if no interested parties exist.

Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Proposers must use the filing application on the Texas Ethics Commission’s website to enter the required information on Form 1295. Proposers must print a copy of the

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completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized.

The completed Form 1295 with the certification of filing must be filed with HISD by attaching the completed form to the vendor’s solicitation response.

HISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after the date the contract binds all parties to the contract. After HISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after receiving notice from HISD.

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III. SCOPE OF WORK AND SPECIFIC CONDITIONS

3.1 SCOPE OF SERVICES:

Request for Qualifications and Price Proposal:

Qualification Statements

Qualification statements for CMAR shall include the information requested below along with the Price Proposal (Attachment A) in the sequence and format prescribed.

SOQ and Price Proposals are to be submitted to:

Attention: Board ServicesRequest for Qualifications – Construction Manager at Risk (CMAR)CMAR 18-12-12 – Construction Manager at Risk (CMAR)For Braeburn Elementary, Kolter Elementary, Mitchell Elementary, and Scarborough Elementary Schools4400 West 18th Street Houston, Texas 77092

No later than: 2:00P.M. January 16, 2018

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School Projects and Applicable Project Information

A. BRAEBURN ELEMENTARY SCHOOL

7707 Rampart StreetHouston, TX 77081

1. Construction Budget: $30,000,000

2. Description: Demolition of the existing school building (approx. 88,000 sq. ft.) and 18 to 20 temporary/transportable modular buildings along with other associated structures and site improvements, and the construction of a new three-story elementary school (approx. 115,000 to 125,000 sq. ft.) to house 1,000 students grades Pre-Kindergarten to Fifth Grade. A site-adapted prototypical school plan will be the basis of design for the new facility and U.S.G.B.C. LEED certification is desired. Site improvements will include a new parking lot, playground(s), drives, walks, lawns, and landscaped areas.

3. Schedule: Design of the new facility will start in the 1st quarter 2018 and the anticipated start of demolition/construction will be in the late 1st. quarter 2018 or early 2nd quarter 2018. Target date for completion of construction is November 2019.

4. Current Phase: Programming/Planning Phase

B. KOLTER ELEMENTARY SCHOOL

9701 Runnymeade DriveHouston, TX 77096


2. Description: Demolition of the existing school building (approx. 49,000 sq. ft.) and 3 to 4 temporary/transportable modular buildings (field verification recommended) along with other associated structures and site improvements, and the construction of a new two-story elementary school (approx. 90,000 to 95,000 sq. ft.) to house 750 students grades Pre-Kindergarten to Fifth Grade. A site-adapted prototypical school plan will be the basis of design for the new facility and U.S.G.B.C. LEED certification is desired. Site improvements will include a new parking lot, playground(s), drives, walks, lawns, and landscaped areas.



C. MITCHELL ELEMENTARY SCHOOL

10900 Gulfdale StreetHouston, TX 77075



15




D. SCARBOROUGH ELEMENTARY SCHOOL

3021 Little York RoadHouston, TX 77093





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Proposed Fees, Pricing and Costs:

COMPLETE ATTACHMENT “A” (PRICE PROPOSAL)

THIS PROPOSAL FORM MUST BE SUBMITTED IN A SEPARATE SEALED ENEVLOPE WITH YOUR SOQ

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3.2 SUBMISSION REQUIREMENTS:

Deadline and Number of CopiesThe submittal package for RFQ and Price Proposal shall be received no later than 2:00 PM Central Time, January 16, 2018.

To: Attention: Board ServicesRequest for Qualifications – Construction Manager at Risk (CMAR Step One)

CMAR / RFQ - Demolition and New Construction of Braeburn Elementary, Kolter Elementary, Mitchell Elementary, and Scarborough ElementaryHouston Independent School District Room 1C034400 West 18th Street Houston, Texas 77092

The submittal package must contain:1. One (1) original submittal package with original signatures, and that set should be labeled “ORIGINAL”2. One (1) printed copies in the required format set forth in section 3.3.3. Three (3) separate, electronic format “ORIGINAL” scanned copies (On flash drives only). The separate,

electronic format copies must be created using tools that are compatible with the Microsoft Office standard desktop tools or Adobe Acrobat Reader, without the need for conversion.

4. Price Proposal and M/WBE information (One (1) additional copy) must be in a separate envelopes labeled “Price Proposal” and “M/WBE”

3.3 SUBMITTAL CONTENT:

To enable the Houston Independent School District to efficiently evaluate the Statement of Qualification and Price Proposal packages, it is MANDATORY that Respondents follow the required format in preparing their SOQ and Price Proposal.

The printed original and printed copies of the SOQ shall be submitted in binders. Pages shall be no larger than letter-size (8-1/2" by 11 ") or, if folded to that dimension, twice letter size (11" by 17"). Each section (defined below) shall be separated by a tabbed divider.

Each SOQ shall be organized in the following order:Outside Cover and/or First Page : This page/cover shall contain the name of the SOQ ("Statement of Qualifications for CMAR / RFQ - Demolition and New Construction of Braeburn Elementary, Kolter Elementary, Mitchell Elementary, and Scarborough Elementary

A. The name of the Respondent, RFQ project number, and the submittal date.

B. Table of Contents : The next page shall be a Table of Contents.

C. Section 1 Divider (letter)

1. Transmittal Letter: Following the divider shall be a letter transmitting the SOQ to:

Houston Independent School DistrictRichard GayProcurement Officer-Procurement Services

Requirements: The Transmittal letter

a. shall be a maximum of 2 pages

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b. shall identify full, official business name as registered with Secretary of State Respondent will being doing business as for this RFQ.

c. may highlight the key aspects of the qualifications of the team to provide construction services to HISD for the 2012 Bond Program.

d. shall state that the submittal is valid for 360 days.

e. shall confirm that the Respondent agrees to maintain a Houston office during the term of the engagement

f. shall acknowledge receipt of addenda by number and date issued

g. shall include the original signature of a partner, principal, or officer of the Respondent (this original shall be submitted in the set labeled “ORIGINAL”).

D. Section 2 Divider - Firm Profile and Relevant Experience (42 pages maximum, single sided)

1. Executive SummaryThis section should serve to introduce the purpose and scope of the RFQ. It should include administrative information including, at a minimum, response date, Respondent’s contact name and phone number. This section must include a summary of the Respondent’s qualifications and ability to meet HISD’s overall requirements.

2. Corporate Qualifications and Relevant Experience

a. The Respondent should give a brief description of their company, including a brief history, corporate structure and organization, number of years in business, number of years in K-12 facilities construction manager at risk experience.

b. Respondents should describe their current experience in other school district programs of comparable size, scope and diversity with references from entities, including names, addresses, telephone numbers, and email addresses. The same current references provided must be entered in Attachment A - Questionnaire.

c. If the SOQ submittal involves a joint venture, Respondent needs to demonstrate successful joint ventures in the past, and how the joint venture would be structured for this RFQ.

d. Submitter must identify and describe a maximum of five (5) projects of directly relevant experience per School Project with references provided w/ full contact information including phone and email address. Limit your firm’s relevant experience to one page maximum for the School Project.

e. Send 3 three related Reference Request form to your Client reference (FORM L), and have them complete, sign and submit it via email to [email protected] Sr. Strategic Sourcing, no later than the proposal due date of January 16, 2018 at 2:00pm.

3. Safety Record

Provide a EMR Rate and Safety Plan along with attachment C on flash drives.

The safety plan does not count as part of your 42 page maximum, single sided limit.

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mailto:[email protected]


4. M/WBE Participation Plan and Record of ComplianceThe M/WBE plan does NOT need to identify the proposed companies at this time, but HISD requires the proposer to complete all other aspects of form G.

The Office of Business Assistance was established by the Board of Education in 1988 to assist minority and women-owned businesses (“M/WBE”) to participate in various District business projects. The District’s M/WBE participation goal level for Construction Services is 20%. Respondents are required to submit an M/WBE plan that includes the following (this does not count towards 42 page limit):

(1) Identify Respondent’s M/WBE commitment and good faith efforts for the proposed team using Form G - M/WBE Participation Plan and any supporting documentation; and(2) A written description of prior utilization or solicitation of M/WBE firms and participation in M/WBE outreach efforts conducted either independently, or in conjunction with HISD and/or other entities. Examples of this may include, but is not limited to, prior mentor/protégé relationships or participation in M/WBE organizations; and(3) A written description of the overall project M/WBE plan for soliciting and utilizing M/WBE firms along with target M/WBE commitments and outreach efforts.

M/WBE documents are a part of Respondent’s evaluation. This documentation is required for your proposal to be evaluated by the District. HISD will determine whether the Respondent’s efforts meet the minimum standards of “Good Faith Effort” consistent with the District’s M/WBE participation goals. Failure to provide the required M/WBE documentation will be considered non-compliant. If a SOQ/Proposal is deemed non- compliant, it can lead to disqualification from consideration. To ensure that all M/WBE participation obligations under the awarded contract are met, the Business Assistance Department will require documentation of the Awardee’s M/WBE participation throughout the performance of the Agreement and upon the Agreement renewal.

5. Approach and Methodologya. This section should include the Respondent’s understanding of the nature of the project/service(s) to be provided and how their submittal will best meet the needs of HISD.b. Respondents should define their functional approach in identifying the tasks necessary to meet requirements.c. Respondents should define their functional approach in providing the services for the duration of the contract to complete the projects outlined.d. Describe the approach to project management and quality assurance.e. Provide a proposed project work plan that reflects the approach and methodology, tasks and services to be performed, deliverables, timetables, staffing, and safety methodology.

6. Proposed Personnela. The Respondent should provide detailed information about the experience and qualifications of the Respondent’s assigned personnel considered key to the success of the project and for each School Project submitting for. The actual personnel who will be assigned to a School Project must be included in the submittal. Substitutions of personnel after award of the contract must only be made because of extreme extenuating circumstances with prior approval from HISD.b. This information should include education, training, technical experience, functional experience, specific dates and names of employers, relevant and related experience, past and present projects with dates and responsibilities, and any applicable certifications. This should also specifically include the role and responsibilities of each person on this project and how those roles support the scope of work, his/her planned level of effort, his/her anticipated duration of involvement, and his/her on-site availability.c. Respondents must include a statement that all key staff members proposed are available to staff this contract. Please clearly indicate which proposed staff members are proposed as full time and part time efforts.

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d. The persons responsible for providing the day-to-day implementation of the building program must office locally.e. Resumes: Provide resumes of the firm’s principal staff members who are available for assignment to this project indicating certifications, licenses and relevant project experience. Clearly describe each proposed team members relevant K-12 experience and level of commitment to this project as a percentage basis.

7. Bonding & Financea. Financial Information: Provide a statement of the Respondent’s financial stability and ability to fulfill the obligations of the contract(s) that may be awarded with their submittal. If your firm is unable to provide audited financial statements, please provide a letter why your firm cannot provide and submit any available financial information.b. Bonding: Provide a brief statement of the Respondent’s bonding ability to fulfill the obligations. This information to also be provided in Attachment A – Questionnaire.

E. Section 3 Divider (Forms A thru I; and Insurance )

a. Form A – CERTIFICATION AND DISCLOSURE STATEMENT

b. Form B – FREE OF INDEBTEDNESS STATEMENT

c. Form C – CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

d. Form D – STATEMENT OF NON-COLLUSION

e. Form E – ANTI-TRUST CERTIFICATION STATEMENT

f. Form F – CONFLICT OF INTEREST QUESTIONNAIRE

g. Form G and Attachment A – M/WBE PARTICIPATION REPORT and PRICE PROPOSAL (Attachment A) (1. Place an original copy of these forms in a separate envelope marked “MWBE and Price Proposal”; and 2) place an original copy of this report in your RFQ marked “Original Copy”.)

h. Form H – EXCEPTION FORM

i. Form I – AWARDEE RELATIONS – CHE (LOCAL) QUESTIONNAIRE

j. Form J – COMPANY INFORMATION

k. Form K – EDGAR CERTIFICATIONS

l. Proof of Insurance – Respondent must provide a statement from their insurance agent(s) confirming they should be able to comply with the terms and conditions in Section 11 (Insurance and Bonds) of Exhibit F of the Construction Manager at Risk Agreement for each School Project the Respondent is submitting qualifications for.

m. Form L REFERENCE REQUEST FORM

n. FORM M: CRIMINAL HISTORY BACKGROUND CHECK FORM

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3.4 SELECTION PROCESS:

CMAR services will be procured in accordance with all applicable law pertaining to CMAR services and the terms, conditions and requirement set forth in this One-Step RFQ. A selection committee comprised of District personnel will evaluate the SOQ and Price Proposals per the criteria in section 3.5.

HISD reserves the right to reject any or all SOQ submittals or Price Proposals, to negotiate changes in the scope of the work or services to be provided, to withhold the award for any reason it may determine, in its sole discretion, and to waive or decline any technicalities or irregularities.

3.5 SELECTION CRITERIA

The District shall consider the following criteria below when evaluating the One-Step CMAR - Construction Manager at RISK submittals:

Criteria for One- Step Process

Percentage Criteria5% Cost of Pre-Construction Services

20% Cost of Construction Services

20% Cost of General Conditions

15% CMAR Qualifications10% CMAR Relevant Experience5% Safety Record

10% M/WBE Plan and Record of Compliance

2% Construction Methodology and Phasing Strategy10% CMAR Proposed Personnel3% Bond and Financial Stability

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IV. FORMS

Form A

CERTIFICATION AND DISCLOSURE STATEMENT

A person or business entity entering into a contract and/or agreement with HISD is required by Texas Law to disclose, in advance of the contract and/or agreement award, if the person or an owner or operator of the business entity has been convicted of a felony. The disclosure should include a general description of the conduct resulting in the conviction of a felony as provided in section 44.034 of the Texas Education Code . The requested information is being collected in accordance with applicable law. This requirement does not apply to a publicly held corporation .

If an individually owned Company:

Has the owner(s) ever been convicted of a felony? Yes No

If a Corporation, Partnership, Limited Partnership, etc.:

Has any owner, or partner, of your business entity been convicted of a felony? Yes No

Has any manager or director of your entity been convicted of a felony? Yes No

Has any employee of your entity been convicted of a felony? Yes No

If Yes, give details:

If you answered yes to any of the above questions, please provide a general description of the conduct resulting in the conviction of the felony, including the Case Number, the applicable dates, the State and County where the conviction occurred, and the sentence. (Attached additional pages, if necessary.)

I attest that I have answered the questions concerning prior convictions truthfully and to the best of my knowledge.

CORPORATE OFFICER’S SIGNATURE

PRINTED NAME

TITLE

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Form B

FREE OF INDEBTEDNESS STATEMENT

The Texas Education Code (Section 44.044) provides that school districts, by resolution of the Board of Trustees, may establish regulations requiring that persons or entities entering into a contract and/or agreement or transaction with the District not be indebted to the District. The Board of Education has approved a resolution establishing policy that requires that the awarded, or selected, Awardees be free of any indebtedness to the District. The following information must be completed by individual and/or business entities.

List all the tax account numbers for all property taxes due the Houston Independent School District:

Are all City, County, and Houston Independent School District property taxes, both real and personal, assessed against property owned by individual and/or business entity paid?

Yes No (Must Mark - Yes or No)

If you answer “no” to this question, provide detail of the amounts due the District and your current plan to satisfy this indebtedness.

I attest that I have answered the questions regarding indebtedness to the Houston Independent School District truthfully and to the best of my knowledge.


PRINTED NAME

TITLE

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Form C

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned certifies on behalf of the company and its key employees that neither the company nor its key employees have been proposed for debarment, debarred or suspended by any Federal Agency.

The undersigned agrees to notify the District in the event that the company or any of its key employees are proposed for debarment, debarred or suspended by any Federal Agency or by any State of Texas agency. Notification shall take place within five (5) business days after the company or employee is notified of either debarment or suspension or possible debarment or suspension. Notification shall be sent to Mr. Rick Gay; Procurement Officer – Procurement Services; Houston Independent School District; 4400 West 18th Street; Houston, Texas 77092.

I attest that I have answered the questions regarding debarment and suspension truthfully and to the best of my knowledge.


PRINTED NAME

TITLE

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Form D

STATEMENT OF NON-COLLUSION

The undersigned Respondent does hereby certify:

a) That all statements of fact in such SOQ are true.b) That such SOQ was not made in the interest of, or on behalf of any undisclosed person, partnership,

company, association, organization or corporation.c) That such SOQ is genuine and not collusive or sham.d) That Respondent(s) has not, directly or indirectly by agreement, communication or conference with

anyone, attempted to induce action prejudicial to the interest of the District or of any other bidder or anyone else interested in the proposed procurement.

e) That Respondent(s) did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or SOQ, or that anyone should refrain from bidding or withdraw his bid or SOQ.

f) That Respondent(s) did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or SOQ price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or SOQ price, or that of anyone else.

g) That Respondent(s) did not, directly or indirectly, submit his bid or SOQ price or any breakdown thereof, or the contents thereof, or divulge information on data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the District, or to any person or persons who have a partnership or other financial interest with said Respondent in his business.

h) That Respondent(s) did not provide, directly or indirectly to any officer or employee of the District any gratuity, entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment.

i) That no officer or principal of the undersigned firm is related to any officer or employee of the District by blood or marriage within the third degree or is employed, either full or part time, by the District either currently or within the last two (2) years.

j) That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal anti-trust law in connection with the bidding, award of, or performance of any public work contract and/or agreement with any public entity.

I attest that I have answered the questions regarding non-collusion truthfully and to the best of my knowledge.


PRINTED NAME

TITLE

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Form E

ANTI-TRUST CERTIFICATION STATEMENT (Texas Government Code §2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

1. I am duly authorized to execute this agreement/contract/SOQ on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

2. In connection with this SOQ, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus & Comm. Code Chapter 15;

3. In connection with this bid, neither I nor any representative of the Company have violated any federal antitrust law; and

4. Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this SOQ to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name

Company Address

City, State, Zip Code

Phone

Facsimile

Respondent Signature

Respondent Printed Name

Position with Company

(IF DIFFERENT FROM ABOVE)

Official Authorizing SOQ

Corporate Officer’s Signature

Printed Name

Position with Company

28


FORM F – CONFLICT OF INTEREST QUESTIONAIRE FORM

FORM F - INSTRUCTIONS

FORM F - SECTIONS

1. IF THE COMPANY DOES NOT HAVE ANY COMPANY OFFICERS THAT HAVE A BUSINESS RELATIONSHIP WITH THE GOVERNMENT AGENCY, THEN TYPE THE WORD NONE. IF THE COMPANY DOES HAVE ANY COMPANY OFFICERS THAT HAVE A BUSINESS RELATIONSHIP WITH THE GOVERNMENT AGENCY, THEN ENTER THE NAME OF THE OFFICER.

2. THIS SECTION IS TO UPDATE A PREVIOUS FORM

3. IF A LOCAL GOVERNMENT OFFICER HAS AN EMPLOYMENT OR BUSINESS RELATIONSHIP WITH THE COMPANY THEN NAME THE LOCAL GOVERNMENT OFFICER AND ANSWER THE QUESTIONS (A-D). IF NO GOVERNMENT OFFICER HAS AN EMPLOYMENT OR BUSINESS RELATIONSHIP WITH THE COMPANY, THEN ENTER NONE.

4. THE FORM MUST BE SIGNED AND DATED BY A COPORATE OFFICER OF THE COMPANY SUBMITTING A SOQ/PROPOSAL.

29


Form F CONFLICT OF INTEREST QUESTIONNAIRE FORM

30


31


Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Respondent, that Affiant is associated with the SOQ in the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief.

Affiant

SWORN TO AND SUBSCRIBED before me this day of , 20 .

(seal)

Notary Public

32

RFQ FOR CONSTRUCTION MANAGEMENT SERVICES(CMAR – One-Step Process)RFQ FOR CONSTRUCTION MANAGEMENT SERVICES

(CMAR – One-Step Process)

Form G M/WBE PARTICIPATION PLAN

For Respondent’s Proposed Team

Select one of the following options and complete section. Attach and complete requested documentation.

□OPTION I –Complete section if Respondent is certified as a minority or woman-owned business (M/WBE).

1. Select current M/WBE certification(s) that HISD recognizes, and attach current M/WBE certification.

□ City of Houston (MBE and/or WBE only)□ National Minority Supplier Development Council or local affiliate□ Women’s Business Enterprise National Council or local affiliate

2. Additional M/WBE Subcontractor Contract Commitment: % (initial) Respondent’s company agrees to subcontract with M/WBE companies to meet or exceed the above written goal.

Attach M/WBE firm(s) current certifications.

Signature of Company Officer Date

Printed Name

33

□ OPTION III – Complete se ction to comply with the District’s “Good Fa ith E fforts” docume ntation. 1. M/WBE Subcontractor Contract Commitment % (if less than District’s M/WBE Subcontractor Goals)

(initial) Respondent’s company agrees to subcontract with M/WBE companies to meet or exceed the above written goal.

2. Provide a one (1) page description of the Good Faith Efforts that Respondent will undertake to meet the District’s M/WBE Subcontractor Goals.

□OPTION II–Complete section if Respondent agrees to subcontract with M/WBE firm(s) for the awarded contract.

1. Company will meet or exceed the district’s M/WBE Subcontractor Goals.20% for purchasing of goods, non-professional services & construction; 25% for professional services

2. M/WBE Subcontractor Contract Commitment % (initial) Respondent’s company agrees to subcontract with M/WBE companies to meet or exceed the above written goal.

Submit an M/WBE Subcontracting Plan identifying proposed companies.

HISD PROJECT TITLE: PROJECT NUMBER:

COMPANY NAME: CONTACT NAME:

PHONE NUMBER: EMAIL:


Form H

EXCEPTION FORM

All deviations and exceptions to this RFQ must be expressly stated in this Exception Form (additional pages to this form may be added if necessary). In the absence of any entry on this Exception Form, the Respondent(s) assures HISD of their full agreement and compliance with all specifications, terms and conditions, requirements and obligations of the RFQ. THIS EXCEPTION FORM MUST BE SIGNED BY EACH RESPONDENT(S) WHETHER THERE ARE EXCEPTIONS LISTED OR NOT, AND SUBMITTED WITH THE SOQ.

SECTION #, PARAGRAPH # (OR SUBSECTION #) AND PAGE

EXCEPTION

Company Name

Corporate Officer’s Signature

Printed Name

34


Form I

AWARDEE RELATIONS – CHE (LOCAL) QUESTIONNAIARE

All sections require an answer. If the answer is none, enter none.

Do not use N/A or leave a section blank.

Legal Name of Business:

Type of Business and types of products or services provided:

.

Business Mailing Address: .

City: State: Zip Code

Business Street Address:

City: State: Zip Code

Names of parent company, subsidiaries, or other name under which they are currently conducting or have previously conducted business with the District:

Subsidiaries Subsidiaries

Other Names Other Names

35

Board of Education Policy CHE (Local) adopted October 11, 2012 requested that all Respondents supply the Board of Education the information contained below. While this information is requested in other parts of Form A this questionnaire provides the information specifically related to CHE (Local).

Parent Company


36


Number of Full Time Employees: Part Time Employees:

Provide names of owners, principal shareholders or stockholders, officers, agents, and salespeople. In addition, key employees who fall within the category of: present and former (within the past 5 years) Members of the Board:

Name Title

Names of District employees and members of their immediate families working or potentially working on the District’s contract:

Names Names

Ethnic group of the majority owners (to identify minority businesses)

35


Authorized agents, including any person or entity who is authorized to ‘act with’ or ‘act on your behalf’, such as consultants, sub-contractors, re-sellers, and/or lobbyist, confidants, etc., whether compensated or not compensated.

Names Names

Certification of authority and/or any license or certificate required to conduct business within the State of Texas and/or any applicable local municipalities in accordance with any governing federal, state, and local statutes, regulations and ordinances:

License Number and Type License Number and Type

Financial and business references, including bank with which the company conducts business:

Name of Bank:

Bank Officer Officers Telephone Number

36


Other Banking/finance Institutions:

Finance Institution Name Finance Institution Name

Name of insurance companies and bonding company (if applicable)

Insurance Companies Insurance Companies

Bonding Company Bonding Company

37


Identification of any past, pending, or present litigation involving your firm and any company owners, principal shareholders or stockholders, officers, agents, salespeople or employees over the last ten years.

Style of Litigation Type of Litigation Current Status

Relationship to any Political Action Committees (PAC)

(Make copies of any table if additional rows are needed and attach additional sheets)

I attest that I have answered the questions relating to CHE (Local) truthfully and to be best of my knowledge.


PRINTED NAME

38


TITLE

39


FORM J COMPANY INFORMATION

STATE OF

COUNTY OF

§§ AFFIDAVIT OF OWNERSHIP, CONTROL§ AND CORPORATE INFORMATION

BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED

[FULL NAME]

(HEREAFTER “AFFIANT”), [STATE

TITLE/CAPACITY WITH PROPOSAL] OF (PROPOSAL’S CORPORATE/LEGAL NAME), WHO BEING BY ME DULY

SWORN ON OATH STATED AS FOLLOWS:

1. AFFIANT IS AUTHORIZED TO GIVE THIS AFFIDAVIT AND HAS PERSONAL KNOWLEDGE OF THE FACTS AND

MATTERS HEREIN STATED;

2. PROPOSER(S) SEEKS TO DO BUSINESS WITH THE DISTRICT IN CONNECTION WITH

[DESCRIBE PROJECT OR MATTER] WHICH IS EXPECTED TO BE

IN THE AMOUNT THAT EXCEEDS $10,000.

3. THE FOLLOWING INFORMATION IS SUBMITTED IN CONNECTION WITH THE PROPOSAL, SUBMISSION OR BID

OF PROPOSER IN CONNECTION WITH THE ABOVE DESCRIBED PROJECT OR MATTER.

40

NoticeThis form requires a manual signature after each subsection, a manual signature on

the final page and a notary attestation at the conclusion of the form, and must be included with the proposal in tab 2 of the Proposal.


SUBSECTION I - COMPANY INFORMATION:

COMPANY NAME

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER

HOME OFFICE LOCAL OFFICE

ADDRESS

CITY

STATE ZIP

TELEPHONE FAX TELEPHONE FAX

CONTACT PERSON’S NAME

CONTACT PERSON’S TELEPHONE NUMBER FAX NUMBER

CONTACT PERSON’S E-MAIL ADDRESS

1. NUMBER OF YEARS YOUR ORGANIZATION HAS BEEN IN CONTINUOUS OPERATION

2. NUMBER OF YEARS YOUR ORGANIZATION HAS BEEN IN BUSINESS UNDER ITS PRESENT BUSINESS NAME

3. DOES YOUR COMPANY PAY TAXES TO THE HOUSTON INDEPENDENT SCHOOL DISTRICT?

4. ARE YOUR TAX PAYMENTS TO HISD CURRENT?

41


5. DOES ANY OFFICER, PARTNER, OWNER, SALES REPRESENTATIVE AND/OR SPOUSE WORK FOR THE

HOUSTON INDEPENDENT SCHOOL DISTRICT YES NO

6. TYPE OF BUSINESS ENTITY: PUBLICLY TRADED CORPORATION PRIVATE CORPORATION LIMITED PARTNERSHIP

PARTNERSHIP SOLE PROPRIETORSHIP NOT FOR PROFIT ENTITY

7. IF CORPORATION, ANSWER THE FOLLOWING QUESTIONS:

DATE OF INCORPORATION

STATE OF INCORPORATION

CHARTER NUMBER

PRESIDENT

VICE PRESIDENT

CORPORATE SECRETARY

TREASURER

8. IF PARTNERSHIP OR CORPORATION , DATE OF ORGANIZATION CREATION

9. IF SOLE PROPRIETOR, NUMBER OF YEARS IN BUSINESS

10. NUMBER OF YEARS DOING BUSINESS WITH HISD

11. DO YOU HAVE EXPERIENCE WITH OTHER SCHOOL DISTRICTS? YES NO

12. IF YES, PLEASE LIST NAMES OF SCHOOL DISTRICTS

42


13. IS YOUR COMPANY CAPABLE OF PROVIDING A DEDICATED WEBSITE WITH YOUR CATALOG WITH HISD’S PRICING? YES; NO. IF YES, CAN YOUR WEBSITE INTERFACE WITH SAP PUBLIC SECTION 7.0 / ECC6.0 OPEN CATALOG INTERFACE (OCI) COMPLIANT? YES _NO.

14. CAN YOUR COMPANY PROVIDE HISD WITH PERIODIC PREFORMATTED FLAT FILE UPDATES OF YOUR CATALOG? YES; NO.

15. NAME AND COMPLETE ADDRESS OF ALL PARTNERS LISTED ON A SEPARATE SHEET AND ATTACHED.

16. IF OTHER THAN CORPORATION OR PARTNERSHIP, DESCRIBE ORGANIZATION AND NAME OF PRINCIPALS:

17. MINORITY OWNERSHIP:

IS YOUR FIRM A MINORITY AND/OR WOMAN OWNED FIRM? YES NO

PERCENTAGE OF OWNERSHIP THAT IS MINORITY OR WOMAN OWNED

MARK ALL THAT ARE APPROPRIATE:ANGLO AFRICAN AMERICAN HISPANIC AMERICAN INDIAN ASIAN/PACIFIC ISLANDER

MALEFEMALELOCATION: HOUSTON TEXAS OUT OF STATE OUT OF

STATE WITH LOCAL OFFICE MARK ALL ORGANIZATIONS THAT HAVE ISSUED YOUR MINORITY STATUS:

18. CHECK ONE OF THE FOLLOWING: PROPOSER WILL PROVIDE GOODS AND SERVICES WITH OWN WORK FORCE

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THE HOUSTON BUSINESS COUNCIL SMALL BUSINESS ADMINISTRATION

DEPARTMENT OF ENERGY DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION METRO TRANSIT AUTHORITY

CITY OF HOUSTON


PROPOSER WILL PURCHASE GOODS DIRECTLY FROM THE MANUFACTURER OR OTHER SUPPLIER

19. NAME OF STATE WHERE YOUR HOME OFFICE/HEADQUARTERS IS LOCATED: IF NOT TEXAS, DOES THE STATE HAVE PREFERENTIAL TREATMENT ON BIDS? □ YES □ NO IF YES, WHAT PERCENTAGE: %

20. EQUAL OPPORTUNITY EMPLOYER INFORMATION

THE HOUSTON INDEPENDENT SCHOOL DISTRICT CAN ONLY DO BUSINESS WITH EQUAL OPPORTUNITY EMPLOYERS.

CURRENT TOTAL NUMBER OF EMPLOYEES NUMBER OF MALES NUMBER OF FEMALES

OF THE TOTAL NUMBER OF PERSONS CURRENTLY EMPLOYED, PROVIDE THE FOLLOWING INFORMATION:

NUMBER OF ANGLO AMERICAN

NUMBER OF AFRICAN

NUMBER OF HISPANIC MINORITIES MEXICAN-AMERICAN / SPANISH SURNAMES

NUMBER OF OTHER

DO YOU ADVERTISE AS AN “EQUAL OPPORTUNITY EMPLOYER”? YES

NO DO YOU HAVE A WRITTEN NON-DISCRIMINATORY POLICY OF EMPLOYMENT?

YES

NO HAS THIS POLICY BEEN CIRCULATED THROUGHOUT YOUR ORGANIZATION?

YES

NO NAME AND TITLE OF PERSON TO CONTACT REGARDING EQUAL OPPORTUNITY

INFORMATION ISSUES:

NAME TITLE

I attest that I have answered the questions regarding company information truthfully and to the best of my knowledge.


PRINTED NAME

TITLE

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FORM KEDGAR CERTIFICATIONS

The following certifications and provisions are required and apply when HISD expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the District and (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds:

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when HISD expends federal funds, HISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does Vendor agree? YES Initials of Authorized Representative of Vendor

(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when HISD expends federal funds, HISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. HISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if HISD believes, in its sole discretion that it is in the best interest of HISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by HISD as of the termination date if the contract is terminated for convenience of HISD. Any award under this procurement process is not exclusive and HISD reserves the right to purchase goods and services from other vendors when it is in HISD’s best interest.


(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Pursuant to Federal Rule (C) above, when HISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does Vendor agree to abide by the above? YES Initials of Authorized Representative of Vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for

45


compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when HISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.


(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Pursuant to Federal Rule (E) above, when HISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by HISD resulting from this procurement process.


(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by HISD, Vendor certifies that during the term of an award for all contracts by HISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.


(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.

46


1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Pursuant to Federal Rule (G) above, when federal funds are expended by HISD, Vendor certifies that during the term of an award for all contracts by HISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.


(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by HISD, Vendor certifies that during the term of an award for all contracts by HISD resulting from this procurement process, Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.


(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used

Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by

31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-

Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by HISD, Vendor certifies that during the term and after the awarded term of an award for all contracts by HISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.


RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS

When federal funds are expended by HISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that it will

47


retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final

48


expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does Vendor agree? YES _ Initials of Authorized Representative of Vendor

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When HISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).


CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT It is the policy of HISD not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.


CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

HISD has a preference for domestic end products for supplies acquired for use in the United States when spending federal funds (purchases that are made with non-federal funds or grants are excluded from the Buy America Act). Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act.


CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336

Vendor agrees that the District’s Inspector General or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.


CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS

Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.


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VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE.

Vendor’s Name:

Address, City, State, and Zip Code:

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Phone Number: Fax Number:

Printed Name and Title of Authorized Representative:

Email Address:

Signature of Authorized Representative:

Date:

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Form L – REFERENCE REQUEST FORM

Construction Manager at Risk - Reference Checklist

Project Name

CMAR Name

Owner or AE Providing Reference

Telephone Number

Response Date

Reference Project Description

Reference Contract TypePlease forward completed reference to

[email protected] no later than January 16, 2017-2pm.

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mailto:[email protected]


# QuestionsScore (0-10) Notes

1

How well did the CMAR create and follow a construction schedule including phasing; working within student occupied areas?

2

Rate how well the project's actual costs compared to the GMP(s) provided by the CMAR.

3Rate the overall construction quality of the CMAR work.

4

Rate CMAR performance regarding Change Orders? (Low Volume/Prompt Response/Reasonable Pricing)

5

Rate how well the CMAR performed the Pre-construction Services.

6Rate CMAR personnel/resources to complete project tasks.

7

How well the CMAR provided accurate and current communications in a timely manner to Owner requests?

8

Did the CMAR perform in the manner in which their proposal presented their qualifications?

9

How well did the CMAR value engineer in order to maintain costs within the proposed amount?

10Would you choose this CMAR again?

Total Score (0-100) Sum of 10 Questions Scored

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FORM M: CRIMINAL HISTORY BACKGROUND CHECK FORM

**THIS DOCUMENT MUST BE SIGNED AND SUBMITTED WITH THE PROPOSAL FOR NO DIRECT CONTACT **

TO: The Office of Ethics and ComplianceHouston Independent School District

IN REFERENCE: CSP # 18-07-09 Pin Oak Concrete Walking Track Criminal History Background Check Form – No direct contact with students

DATE: {{Insert Date}}

As required by the Houston Independent School District contract, 18-07-09 Pin Oak Concrete Walking Track

, I hereby certify that no employee and/or subcontractor of {Vendor Name} will have direct contact with any student at HISD as defined under 19 Texas Administrative Code 153.1101, which states:

(7) Direct contact with students--The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.

PROVIDER

[Insert company name & remove this print]

By: _________________Date_______ (Type name & title of authorized representative, date signed and signature below & remove this print)

____________________Taxpayer Identification Number Signature of person receiving document: _______________________________________

Date Received by OEC: ___________________Form: NO CONTACT DIRECT CONTACT

54

X


**THIS DOCUMENT MUST BE SIGNED AND SUBMITTED WITH THE PROPOSAL FOR DIRECT CONTACT **

TO: The Office of Ethics and ComplianceHouston Independent School District

IN REFERENCE: RFP # {{Insert # and name of project here}}- Criminal History Background Check Form - With direct contact with Students

DATE: {{Insert Date}}

As required by the Houston Independent School District contract, {{insert project #, and name here}}, I hereby certify that the attached list of employees and/or subcontractors of {Vendor Name} will have direct contact with students at HISD as defined under 19 Texas Administrative Code 153.1101, which states:

(7) Direct contact with students--The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students.

PROVIDER

[Insert company name & remove this print]

By: _________________Date_______ (Type name & title of authorized representative, date signed and signature below & remove this print)

_______________________Taxpayer Identification Number Signature of person receiving document: _______________________________________

Date Received by OEC: ___________________Form: NO CONTACT DIRECT CONTACT

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