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~ IRVING Independent School Distri.ct

RFQ #17-01-739

REQUEST FOR QUALIFICATIONS

FOR

CONSTRUCTION MANAGEMENT SERVICES

(TWO STEP PROCESS FOR CONSTRUCTION MANAGER Arr RISK)

I (TWO STEP PROCESS)

IRVING ISO - 2016-17 PROJECT

NORTHLAKE COLLEGE NATATORIUM: Installation of new/ permanent roof structure. Renovations to HVAC, Electrical systems, Pool equipment, and miscellaneous improvements.

Irving ISO

By: fl I . . ~ ft•/1~ me Pilgrim, Directov'of Purchasing

Irving Independent School District 2621 West Airport Freeway Irving, Texas 75062

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You may hand deliver the RFQ response to the Purchasing Office at the following address:

Irving ISO Purchasing Department 2621 West Airport Freeway, Suite 1750 Irving, Texas 75062

or have it delivered by a courier type service, such as FedEX or UPS, etc. , with a recipient's signature and documented time of delivery.

Proposals submitted via the U. S. Postal Service are to be mailed to :

Irving ISO Purchasing Department P.O. Box 152637 Irving, Texas 75050-2637

The U.S. Postal Service mail goes to our warehouse to be processed before delivery to the departments. NOTE: Delivery of Proposal envelope to other Departments within the Irving Independent School District is not considered as del ivery to the Purchasing Department. You may mail the response in time, but it may not be received in the Purchasing Office in a timely fashion , and therefore will be rejected .

SUBMIT RESPONSE NO LATER THAN 10:00 A.M. LOCAL TIME ON Tuesday, August 23, 2016.

Submittals through email should state RFQ #17-01-739 in the subject line. Responses should be in a sealed envelope, marked in the lower left hand corner with RFQ#, Company Name, time, and due date, as noted above. (Should the district close for unforeseen reasons (force majeure) on the date the solicitation is due, the above referenced date should be changed to 10:00 A.M. the first date the district is open to conduct business)

All Required forms must be submitted.

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CONSTRUCTION MANAGER PROCUREMENT & SELECTION SCHEDULE

• Request for Qualifications Released

• Run Advertisements

• Pre-Proposal Conference

• Receive Statements of Qualifications (Step 1)

• Establish Short List of Firms, Rank Selections and Notify for Step 2

• Conduct Interviews (if needed)

• Receive Step 2 Proposals with Fees and Prices for Fulfilling the general conditions and Bid Bond from Short List of Firms

• Evaluate Proposals and Rank Selections

August 4, 2016

August 4, 2016 August 11, 2016

August 16, 2016 1 O:OOam - Noon Northlake College Natatorium 5001 N. MacArthur Blvd. Irving, TX 75038

August23,2016 10:00am

August26,2016

August30,2016

September 2, 2016 2:00pm

September 5 - 6, 2016

• Begin Contract negotiations with highest ranked offerer September 7-9, 2016

• Board Approval of Contracts and Fees For CM at Risk Firm(s) September 26, 2016

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Pursuant to the applicable prov1s1ons of Chapter 2269 Tex Gov't Code, it is the intention of the Irving Independent School District to select via a two-step process a Construction Manager at Risk for renovations for one (1) project. The selected Construction Manager is to serve as the general contractor to assist the District and its Architect with design, cost estimating , value engineering, constructability reviews, and scheduling during the design and construction document phases, and to assume the risk for construction , rehabilitation , alteration , or repair of facilities at a Guaranteed Maximum Price. The site, scope, schedule, selection criteria with weighted value, estimated budget, time, and place for receipt of the Requested Qualifications are hereinafter described or are attached .

Qualification statements 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, experience and qualifications. Fees or prices should not be included in the Response to the Request for Qualifications. If fees or prices are included in the Response , the Response will be considered as nonresponsive.

Statements of Qualifications are to be submitted no later than: 10:00am on August 23, 2016 to:

Mr. Jerome Pilgrim, Director of Purchasing Irving Independent School District 2621 West Airport Freeway Irving, Texas 75062

The offerers must state on the outside of the sealed envelope that the enclosed information is pertaining to "llSD/Northlake College Natatorium Renovations." Proposed project scope and schedule are contained within Attachment 3. The projects, estimated budgets, and applicable architects are as follows:

Campus

Northlake College Natatorium Renovations

Scope of Work/ Schedule

Architect

Stantec

Estimated Construction Budget

$5,200,000

The project consists of removing the current fabric, pressure-inflated roof structure of the pool facility and replacing with a permanent roof structure . HVAC systems will be installed and renovations to the pool area and equipment will be included. It is anticipated that the work will be bid in two phases comprised of Phase One- Roof structure released for bidding in approximately September and Phase Two- the remainder of the work released for bidding in November. Construction for both phases will be from approximately February 1, 2017 to September 29, 2017.

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Submit three (3) copies of the qualification statements for each proposed package. After opening the qualification statements, and clarification of qualifications, if needed , with offerers, as requested, the District with assistance of its Architects will select not more than three firms for step 2 Proposals for additional information, including proposed fees and prices for fulfilling the general conditions. Selected firms will be notified by approximately 4:00pm on August 26, 2016. The district may opt to notify short-listed firms via email correspondence. Provide up to 3 names/email addresses of individuals to be notified of their selection as a short-listed firm.

Interviews may be conducted with the short-listed firms prior to submission of the Step 2 Proposals. The interview will be considered as a part of the Step 2 evaluation process. In accordance with the selection schedule, interviews (if required) will be conducted on or about August 30, 2016. All short-listed firms must be available for the interview process at a stipulated time on this day. District representatives, including the Project Architect, will participate in the interview process. The firm should bring no more than 5 individuals to the interview, which must include the project manager and job superintendent identified in the qualification proposal.

Upon conclusion of the interviews and submission of the Step 2 Proposals, the firms will be evaluated and ranked in accordance with the criteria contained in the RFQ, and determined to provide the best value for the District.

Queries about the Project and Request for Qualifications, requests for clarification , add itional information, omissions, or corrections should be addressed in writing to: The Purchasing Department by August 17. 2016. 4:00P.M. You may e-mail this information to [email protected]. Requests for information/interpretation must be received on or before the date indicated above. Only questions answered by formal posted written addenda will be binding.

Irving Independent School District is a public entity subject to the provisions of the Texas Public Information Act (Texas Government Code Chapter 552). Responses to this Solicitation may be subject to release as public information unless the response or specific parts of the response are accepted from public disclosure under such Act. Proposers should consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other confidential or proprietary information before responding to this invitation. The District assumes no liability or responsibility for release of any information not properly identified and documented in accordance with the enclosed Confidential Information Declaration & Copyright Authorization Form - See Required Forms. The District assumes no liability or responsibility for release of any information that the Texas Attorney General or a court of law determines to be subject to release.

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Irving ISO Terms and Conditions

In submitting a RFP, Proposer understands and agrees to be bound by the following terms and conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFQ between the firm and the District. By submitting a response, each Proposer agrees to waive any claim it has or may have against the District arising out of or in connection with the administration , evaluation, or recommendation of any RFQ; waiver of any requirements under the RFQ Documents; acceptance or rejection of any responses; and award of Contracts, if any. The District may elect to issue subsequent proposals and approve additional firms for the same or similar items/services during the agreement period if it is determined to be in the best interest of the District. Exceptions and additions to the Standard Terms and Conditions must be submitted with the proposal response, including a full explanation on the Deviation/Compliance Form (See Required Forms), or as a separate attachment in the Response.

Assignment The successful Proposer may not assign its rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by its assignee.

Indemnification The Irving ISO is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction.

Governing Laws and Venue This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas, and the parties hereto agree that venue shall be in Dallas County, Texas.

Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Dallas County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding , waives any objection it may now or hereafter have to venue or to convenience of forum , agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world .

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

Irving ISO has the right to terminate a resulting contract for convenience , without penalty, for nonappropriation or non-availability of funds by delivery to the offerer of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective.

Irving ISO may terminate a resulting contract and debar the firm from future "bidding" for violations of the federal requirements including, but not limited to, "Contract Work Hours and Safety Standards Act", "Equal Employment Opportunity Act", and "Energy Policy and Conservation Act".

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Default and Termination The Firm shall be considered in default of this RFP, and such default shall be grounds for the District to terminate any resulting award for this RFP and/or pursue any and all relief, at law or in equity, to which it may be entitled by reason of such default if Firm fails to perform any of its obligations under this RFP and fails to correct such non-performance within ten (10) calendar days of written notice from the District to do so. Should any termination of this RFP award be held to be unenforceable or otherwise improper by a court of competent jurisdiction, then such termination shall be considered a termination for convenience as provided herein.

The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein . Nothing in this agreement shall commit the District to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Trustees, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Dallas County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Trustees, signed by the Parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Funding Out Clause Pursuant to Texas Local Government Code Sec. 271.903, any Proposal/Offer accepted by Irving ISO and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel.

Ownership and Use of Documents All documents and materials particular to the Work prepared by Contractor or Subcontractors ("Work Material"), are the property of the District and for its exclusive use and re-use at any time without further compensation and without any restrictions.

Except for such Work Material which is intended to be made public as part of the Project, Contractor shall treat all such Work Material as confidential, and Contractor shall neither use any such Work Material or copies thereof on other work nor disclose such material or information to any other party without District's prior written approval.

Conflict of Interest. No employee of District shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

Subcontractor Contracts. The Contractor shall contract with each of its subcontractors, at a minimum, with the same contractual provisions and responsibilities as indicated in this Agreement.

Felony Conviction Notice: Consultant shall certify compliance with Texas Education Code 22.0834 and Education Commissioner's rules regarding criminal history record review for all employees, applicants for employment, agents or subcontractors of the Consultant. Additionally, Consultant 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. The District may terminate this Agreement pursuant to Article 7 if the District determines that the person or business entity failed to give notice as required by this paragraph or misrepresented the conduct resulting in the conviction. This paragraph requiring advance notice does not apply to a publicly held corporation .

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QUESTIONNAIRE

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. This information is to be provided as a part of the Step 1 process.

1. Firm Information: Name of firm: Address of principal office: Phone: Fax: Form of Business Organization (Corporation , Partnership, Individual, Joint Venture, Other?): Year founded: Primary individual to contact: 1.1 Historically Underutilized Businesses are expressly encouraged to submit their Qualifications in

response to this RFQ.

2. Organization: 2.1 How many years has your organization been in business in construction in its current capacity? 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. Is it a publicly held corporation?

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 jurisdictions 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. 3.3 List Certification Agencies if you are a Certified Historically Underutilized Business

4. Experience: 4.1 List the categories of work that your organization normally performs with its own 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.) 4.3.1 Has your organization ever failed to complete any work awarded to it? 4.3.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding

against your organization or its officers? 4.3.3 Has your organization filed any lawsuits or requested arbitration or mediation with regard to

construction contracts within the last five years? 4.4 Within the last five years, has any 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:

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List the major construction projects your organization has in progress, giving the name and location of project, owner, architect, contract amount, percent complete and scheduled completion date.

4.6 Work over last 5 years: List major projects (specifically educational facilities) constructed by your organization over the last 5 years. 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 (procurement method).

4.7 Experience with Irving l.S.D.

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). • Noncurrent assets (e.g ., net fixed assets, other assets). • Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses,

provision for income taxes, advances, accrued salaries and accrued payroll taxes.) • Noncurrent liabilities (e.g., notes payable). • Capital accounts and retained earnings (e.g ., 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 names under item 1 above? If

not, explain the relationship and financial responsibility 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, phone for bank reference.

5.6 Surety: Name of bonding company, name and address of agent. Payment and Performance bonds for 100% of the construction cost will be required upon submission of the GMP for each project contract. A bid bond will be required at step 2, with the submission of fees , to ensure that payment and performance bonds will be furnished when the GMP is established for each project.

6. Experience with and concepts for working as a Construction Manager at Risk: 6.1 Describe your organization 's concepts for working in a team relationship with the Owner and

Architect during the design and construction of major projects. Describe your organization 's ability to recommend alternative approaches and products during the design phase to assist the Owner in maintaining the project budget. Describe your organization 's methods for estimating costs, and for scheduling during the design/documents phases. Which (one or more) of your 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 .) In addition , provide examples of cost estimates at the following milestones, as well as final GMP of the project: Design development, 50% CD, 75% CD, GMP.

6.3 Constructability reviews: Attach a sample constructability review prepared during the construction document phase of a project. (The identity of the project may be concealed. The intent is to see the nature and format of the cost information provided.)

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6. 4 Savings: Describe your organization's concept for the generation of savings during construction. Give specific examples of actions taken on previous projects that resulted in savings for the owner.

6.5 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 .

6.6 Historically Underutilized Businesses ("HUB's): Subcontracting Plans with HUB's. Your firm would be expected to make a good faith effort to utilize HU B's. Describe your firm 's history in this regard and provide applicable documentation.

7. Personnel: Given the scope and schedule of the projects, identify the specific Project Manager(s) to be on site, Project Engineer(s) to be on site, Superintendent(s) to be on site, Estimator, and all other supervisory positions to be on site who would work on the project. Provide a resume and references for each individual. Provide assurance that the identified team will remain with this project throughout the course of construction .

8. Owner/Construction Manager Agreement: The Owner will use, as the core construction contract document with the Construction Manager, AIA document A 133-2009. The general form of the General Conditions document will be the AIA 201 General Conditions - 2007 Edition. These contract forms have been modified/amended by the district's legal counsel, and will be provided to the short-listed firms prior to submission of the Step 2 Proposals. Any changes, modifications, or exceptions must be specifically noted, in writing, as a part of the Step 2 Proposal. Fees and prices for fulfilling the general conditions may be negotiated and contained in and as a part of the final agreement. As a part of your proposal indicate that, if selected, you will execute this contract, noting specific and detailed exceptions, in writing, as a part of Step 2 proposal. All requests for modifications may be considered by the Owner but with no obligation to do so. In the event that an agreement cannot be reached with highest ranked offerer, the district will terminate negotiations in writing and begin negotiations with the next ranked firm that provides the best value to the district.

9. References: For 3 of the projects listed above (re: item 4.5), identify a representative of the owner and a representative of the architect (provide name, phone/fax numbers, email addresses) who could be contacted as references regarding your organization 's services. The references should be for educational projects of comparable scope.

10. Safety: Provide information pertaining to your firm 's accident frequency rate and modifier for the last five years. Include a copy of your firm 's safety program.

11. Schedules: Provide samples of schedules that will be used to control various project phases.

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CRITERIA FOR SELECTION

Irving l.S.D. shall consider the following selection criteria in evaluation of the Step 1 Proposals and to base its selection(s) solely on the basis of the evidence submitted to determine qualifications:

(1) offerer's experience and reputation ; (2) quality of offerer's goods and services; (3) impact on the ability of the District to comply with rules and policies related to historically

underutilized businesses; ( 4) offerer's safety record ; (5) proposed personnel ; (6) offerer's financial capabilities; will consider and apply any existing laws, including any criteria

related to, historically underutilized businesses, and will consider and apply any existing laws, rules applicable to local governments, and Board of Trustees policies related to the use of women, minority, small , or disadvantaged businesses;

(7) other appropriate factors that demonstrate qualifications;

Extrapolated from this list, the following specific questions will be considered in selecting the construction manager. The cumulative total score for each section will be determined and used for that specific category. (1) Offeror's Experience and Reputation: (maximum 20 points)

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

• How substantial is the firm's experience in providing construction services for educational facilities of comparable size, complexity?

• ls the firm knowledgeable about, experienced in the Irving and North Texas construction market? • How long has the firm been in business providing the type of services sought by the District?

(2) Quality of Offeror's Goods and Services: (maximum 15 points) • Has the firm worked for the District in the past? If so, when and in what capacity? Was that work

satisfactory to the District? Was that work finished with in budget? Was that work fin ished on time? • Does the construction manager appear to have the capability to meet the District's needs? • Did the references listed (both owner's and architect's) have a favorable experience with the

organization? Would they work with them again? How comparable was their project to the Irving l.S.D. projects?

(3) Impact on the Ability of the District to Comply with Rules and Policies to Historically Underutilized Businesses: (maximum 5 points) • Has the firm submitted sufficient information concerning its subcontracting plans with

HUB's or M/WBE's? (see attached form and the offerer may submit additional documentation)

(4) Safety Record: (maximum 10 points) • What is the vendor's safety record? Provide explanation of rating system.

(5) Proposed Personnel: (maximum 20 points) • Is the firm proposing supervisory personnel for the job that are experienced in renovations of

educational facilities? • Do the personnel proposed for the project appear to have the appropriate experience, capabil ities?

(6) Offeror's Financial Capabilities: (maximum 10 points) • What is the offerer's financial capability? • ls the firm operating with a positive balance? • Has the offerer ever filed for bankruptcy?

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(7) Other Appropriate Factors that Demonstrate Qualifications: (maximum 40 points) • Does the description provided by the firm of its pre-construction services evidence both understanding

and capabilities of the process in general and as it applies to these specific projects? • Does the construction manager appear to have the capability to meet the District's schedule

objectives? • Is the format/nature of cost estimates prepared by the firm during the design phase informative/useful

for the District/Architect? Are the initial and final estimates consistent in nature and format? • Has the firm constructed educational facilities that have been LEED certified (silver, gold , and/or

platinum)? • How substantial is the firm 's recent experience in providing pre-construction services for projects of

comparable size and complexity? • Does the firm 's organizational structure, licensing and financial information indicate that the firm is

capable of undertaking the project? • Are the referenced Contract and General Conditions documents acceptable? • Is the format/nature of cost estimates prepared by the firm during the design phases

informative/useful for the District/Architect? • Are the initial and final estimates consistent in nature and format? • Does the firm have experience providing an early GMP?

Award of Contract • Notwithstanding any provision of this Request for Qualifications, the School District expressly reserves

the right to: (1) Waive any immaterial defect or informality; or (2) Reject any or all proposals, or portions thereof; or (3) Reissue a Request for Qualifications.

NOTIFICATION OF CRIMINAL HISTORY OF CONTRACTOR (Section 44.034TEC)

(a) 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. (See attached form.)

(b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction . The District must compensate the person or business entity for services performed before the termination of the contract.

(c) This section does not apply to a publicly held corporation.

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STEP 2 - PROPOSED FEES AND PRICING

The following information is applicable to the Step 2 process. It is being provided for informational purposes only. Firms shortlisted for the Step 2 process will use th is information in submitting Step 2 information. More information will be provided at the time of notification that firm has been selected to submit Step 2 information .

Pursuant to Subchapter F, Chapter 2269 Tex Gov't Code, the School District will use the Construction Manager-at-risk for the construction , rehabilitation , alteration or repair of the Project(s) only as provided by Subchapter F.

No more than 3 offerers for each construction package, selected solely on the basis of qualifications, will be asked to provide additional information, fees and pricing as step 2 of the selection process. This submission will be in a sealed envelope addressed to :

Jerome Pilgrim Director of Purchasing 2621 West Airport Freeway Irving, TX 75062

Sealed Envelopes are to arrive no later than 2:00pm, September 2, 2016, at which time they will be publicly opened and requested fees and prices shall be read aloud . No other information shall be made public until after a contract has been awarded. Within 45 days after the date on which the final proposals are opened, the District shall evaluate and rank each proposal submitted in relation to the criteria set forth in this request for proposals.

Fees: The following information is for reference only during the Step 1 process. This information will be completed and provided by identified short-listed firms as a part of the Step 2 process. It is anticipated that the District will enter into a construction contract for the Work with the Construction Manager-At-Risk for a fee with a Guaranteed Maximum Price . All pre-construction and construction phase fees will be included in the Guaranteed Maximum Price . The fee(s) shall be listed in both percent (%) and dollar amounts. The fees should be divided into two parts.

Pre-construction Services Fee To include personnel expenses, project estimates, preliminary project schedule, value engineering and constructability reviews, overhead and profit, and other services described below, through the Design Phase portion of the Project. (See attached Pre-construction Services List - Attachment 1 ).

Construction Phase Services Fee To include overhead and profit to administer the project construction, including, but not limited to , the services listed below through the Construction Phase of the Project. (See attached Construction Services - Attachment 2).

The fee quoted will not include Fees and Prices for fulfilling the general conditions. These items will be included as a part of the general conditions, determined as a part of the guaranteed maximum price. The fee form must indicate what percentage of savings will be returned to the owner.

General Conditions: Include an itemized cost breakdown of all General Conditions that will be applicable to the project. Include all site costs for the job personnel as well as all reimbursable overhead items. Include all bonds and insurance costs. The total amount shall be provided in both percent (%) and dollar amount for the project. These figures will not be used in the evaluation, but will be available to discuss during negotiations. This information shall be included in tabulation form, which will be provided if selected to submit Step 2 proposals.

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General Conditions as used herein mean the General Conditions as described in AIA Document A 133-2009, as modified, AIA Document A201-2007, as modified, and Section 2269.001(4) Tex Gov't Code.

Bonds A guaranteed maximum price (GMP) will not be established until completion of the construction document phase of the project. A bid bond for the project shall be provided with step 2 Proposal to ensure that the required separate performance and payment bonds for 100% of the GMP will be furnished when the GMP for the project is established . Payment and performance bonds, along with proof of insurance and workers' compensation coverage in the amounts specified in the construction documents, shall be provided within 10 days of project contract awards. All bonds shall be issued by a surety company licensed, listed and authorized to issue bonds in the State of Texas by the Texas Department of Insurance, and shall fully comply with Texas Insurance Code §3503.001 et seq and Texas Gov't Code Chapter 2253 or their successors.

Evaluation and Ranking of Offerors: In evaluating the step 2 proposals to determine which provides the best value to the District, the District shall consider, the criteria in step one and the same assigned points plus Price that has an assigned value of 25 points.

In determining the award of the contract, the School District shall , pursuant to Section 2269.055(b )(1) and (2) Tex Gov't Code:

Consider and apply any existing laws, policies, including any criteria, re lated to historically underutilized businesses; and

Consider and apply any existing laws, rules , policies, including laws applicable to local governments, related to the use of women, minority, small , or disadvantaged businesses.

Based on the three (3) short-listed firms, each firm will be ranked based on the criteria ranking listed in the Step 1 process and an added criterion for pricing . At the conclusion of rankings for each criterion , the firm with the lowest total score will be determined to provide the best value to the district. The district reserves the right to contract with a separate Construction Manager for each of the two packages, or award both packages to one Construction Manager.

Negotiations The District shall first attempt to negotiate a contract with the selected offerer. If the District is unable to negotiate a satisfactory contract with the selected offerer, the District shall, formally and in writing, end negotiations with that offerer and proceed to negotiate with the next offerer in the order of the selection ranking until a contract is reached or negotiations with all ranked offerers end.

Performance of Work The Construction Manager who is selected and enters into a contract with the District shall publicly advertise for bids or proposals and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work other than minor work that may be included in the general conditions.

Contract for Pre-Construction Phase The selected Construction Manager-at-Risk shall be awarded a contract identifying all fees. At the point in the design phase that a GMP is established , the contract will be amended to include the GMP as well as all pricing and fees to complete the project. The District reserves the right not to add the construction phase of any project for which an acceptable GMP cannot be mutually agreed.

Contract Award (a) Unless the offerer states otherwise, or unless provided within this Request for Proposal , the District

reserves the right to award by individual line, item, by group of line items, or as a total , whichever is deemed most advantageous to the District.

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Notwithstanding any other provision of this Request for Proposal, the District expressly reserves the right to: (1) Waive any immaterial defect or informality; or (2) Reject any or all proposals, or portions thereof, or (3) Reissue a Request for Proposal.

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REQUEST FOR QUALIFICATIONS #17-01-739 NORTHLAKE COLLEGE NATATORIUM

ATTACHMENT 1

Preconstruction Services: The Construction Manager will provide the following: a. Key project personnel shall attend regular meetings with the District and Architect

to review project status and review and update the construction cost estimate. b. Consult with the District and Architect regarding site use and improvements,

phasing of the various project issues, selection of materials, building systems and equipment.

c. Provide recommendations on construction feasibility including estimates of alternative designs or materials, preliminary budgets and possible economies. CM will be required to submit written, detailed constructability reviews with each review set issued by the Architect.

d. Prepare and routinely update a preliminary project schedule for the Architect's review and the District's approval.

e. The Construction Manager shall coordinate and integrate the preliminary project schedule with the services and activities of the District, Architect and Construction Manager. As design proceeds, the preliminary project schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, and submittal of the Guaranteed Maximum Price (GMP) proposal.

f. During the preparation of the Construction Documents, the Construction Manager shall update and refine the initial cost estimate a minimum of three (3) times. Written, formal constructability reviews are also needed with the estimate submission.

g. The District will not proceed with projects until the cost estimate is within the pre determined budget.

h. If any estimate submitted to the District exceeds previously approved estimates, the Construction Manager shall make recommendations to the District and Architect to reduce the cost of the project.

i. The Construction Manager shall recommend to the District and Architect a schedule for procurement of long lead time items that will constitute part of the work as required to meet the project schedule.

j . When the construction drawings and specifications are 90% complete, the Construction Manager shall propose a GMP, which shall be the sum of the estimated Cost of the Work and the Construction Manager's Fee and General Conditions. This GMP will be generated prior to securing proposals from subcontractors.

k. It is imperative that the Construction Manager at Risk issue carefully prepared, detailed and accurate cost estimates (minimum 3) as referenced in paragraphs 5f and 5g above.

I. The Construction Manager at Risk will have full budgetary responsibility from the initial design phase through the establishment of the GMP. At the conclusion of the preconstruction phase, an evaluation of the Construction Manager's estimating, or if the Construction Manager raises the cost estimate beyond levels justified by scope changes and verifiable market conditions, then the Owner will terminate the Construction Manager's services at the conclusion of the pre construction services phase.

Provide a Guaranteed Maximum Price for the project. The Construction Manager-at-Risk shall publicly advertise for bids or proposals and in all material respects comply with Sections 2269.255 through 2269.257 Tex Gov't Code related to Performance of the Work.

END ATTACHMENT 1

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ATTACHMENT 2 CONSTRUCTION PHASE SERVICES

• Manage the GMP DOCUMENTATION, including: Detailed quantity surveys, pricing. Procurement strategy and implementation. Detailed bid package scope inclusions.

• Establish the BUDGET BY BID PACKAGE

• Prepare a detailed SCHEDULE derived from detailed quantities for each bid package to satisfy milestones.

• SITE UTILIZATION STUDY Coordinate mobilization and plan logistical requirements. Project office and material staging locations. Ingress, egress. Security requirements of owner.

• CONDUCT PROPER AWARD OF CONTRACTS/PURCHASE ORDERS: Conduct pre-award meetings. Review schedule of values. Review subcontractors' general conditions. Review scope of work. Identify shop drawing requirements. Perform document review and specifications review. Review contractors' personnel:

Project Managers Superintendents Foremen

Implement Partnering Program if owner elects to do so. Establish quality requirements and standards. Review sequence and Schedule. Identify accounting requirements. Review insurance requirements. Review safety and security requirements. Recommend award of contracts.

• PREPARE AND ISSUE AS CONSTRUCTION MANAGER (or for the Owner): Contracts. Rental agreements. Budget adjustments for all transactions. Computerized accounting for tracking and projections.

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ATTACHMENT2-CONT

• PROVIDE COORDINATION AND MANAGEMENT OF SUBCONTRACTORS Establish site organization, including work and storage areas. Establish jobsite management organization and jobsite procedures. Maintain daily log for jobsite record . Provide general conditions work to meet project requirements. Prepare and issue change orders and contracts. Prepare subcontractor change orders and contracts. Monitor construction cost and projections. Prepare and maintain cash flow projection for Owner. Monitor and maintain quality control. Shop drawing control. Equipment and material control. Provide and monitor overall progress and short interval scheduling. Prepare billings and progress payments. Conduct subcontractor coordination meetings. Provide coordination between subcontractors. Prepare and receive requests for information. Prepare agendas and conduct weekly safety and progress meeting. Prepare and distribute weekly safety and progress meeting minutes. Establish subcontractor progress payment procedure for processing and

payment. Monitor subcontractor pay applications.

• MONTHLY REPORT:

Summarize project financial status. Review and summarize past month's construction performance. Project the coming month's construction activities. Present status report on change orders - delays and time extensions. Identify problems that threaten construction quality, cost and schedule.

• Provide CHANGE ORDER CONTROL:

Implement system for change orders. Allocate change order responsibilities. Review change order requests from subcontractors. Negotiate change orders with subcontractors. Submit recommendations to Owner.

• Establish a QUALITY MANAGEMENT PROGRAM:

All members of the team participate in the quality control effort. Project Scope Review:

Intended purpose. Are the project needs met? Existing conditions reviewed. Future needs.

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ATTACHMENT 2- cont

Incorporate Restrictive Conditions in documentation to include: Social environment, influence of neighbors, environmental impact. Natural conditions, grounds and peripherals. Research on legal requirements. Research on existing structures, facilities.

Review of Design Development for: Complete construction documents in the order they are to be purchased and constructed . Complete documents for pre-purchased equipment. Design compatibility with future operation and maintenance. Constructability

Coordinate schedule and assist independent testing and inspection agencies selected by the school district, involving the following work:

Underground piping Soils Concrete Rebar Miscellaneous steel Structural steel Mechanical systems Electrical Life safety systems Energy management systems Others as required

Work with area superintendents of subcontractors Prepare operations to minimize quality control problems

Require formalized quality management program from subcontractors: Ensure conformance to project's quality standards previously established.

Follow-up to assure correction of deficiencies on test reports

• ACCOUNTING Functions:

Insurance requirements Schedule of values review Labor cost reports Material cost reports Unit cost reports Monthly detail cost sheet Monthly job costs Accounts payable Monthly project billing

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ATTACHMENT 2- cont

• JOB SAFETY Objectives:

Conduct weekly safety meeting: Implement project safety requirements. Review subcontractor safety programs.

Subcontractor conformance, in itiate knowledge of OSHA requirements : Subcontractor responsible for costs and damages. Submission of accident and injury reports . Subcontractor safety programs Require subcontractor safety representative. Require forty-e ight hour reports . Require weekly tool box safety meeting .

Maintain safety meeting minutes: Inform subcontractors of procedures

Enforce alcohol and drug programs by subcontractors. Implement and maintain clean-up.

• JOBSITE SECURITY Functions: Monitor and control employee, vendor and public access to the jobsite . Monitor and control material and equipment deliveries to the jobsite . Monitor and control material and equipment being removed from jobsite

- through a material release form . Monitor and control site traffic. Monitor and perform periodic checks for alcohol and drugs. Monitor and control tools. Monitor material storage. Monitor tra ilers and all equipment with in. Maintain proficiency first-aid and CPR programs. Monitor compliance with district's No Smoking pol icy. Monitor compliance with district's weapon-free zones.

Monitor and control employee, vendor access or interaction with students and staff. Monitor and control compliance with District's harassment-free environment for students and staff. Monitor and control employee, vendor theft.

• HUMAN RESOURCES:

As construction managers, provide assistance and policies on Equal Employment Opportunity, minority and women-owned business enterprises, sexual harassment or discrimination, drug abuse program, labor relations, employment transfers or reassignments and assuring proper personnel for project requirements.

Page20 of 37

ATTACHMENT 2- cont

• PROJECT POST CONSTRUCTION Services:

Provide operating and maintenance manuals. Secure and assemble warranties or guarantees. Provide check-out of equipment. Instruct operating personnel in equipment operating and maintenance procedures. Assist in actual start-up of equipment. Implement close-out procedures and ensure requirements are met:

Subcontractors' and vendors' final payment Resolution of claims Final change orders Lien releases Final lien waivers Consent of sureties

Assist Owner in enforcement of warranties or guaranties. Conduct walk-through with Owner and Contractor one year after project completion .

END OF ATTACHMENT 2

Page21of37

ATTACHMENT 3 - SCOPE:

llSD/Northlake College Natatorium: It is the district's intent to renovate the existing natatorium located at Northlake College. The scope of the project has not been fully defined; a general narrative of the project is as follows:

The scope as identified , involves renovations to an existing building. The project consists of removing the current fabric, pressure-inflated roof structure of the pool facility and replacing with a permanent roof structure. HVAC systems will be installed and renovations to the pool area and equipment will be included. It is anticipated that the work will be bid in two phases comprised of Phase One- Roof structure released for bidd ing in approximately September and Phase Two- the remainder of the work released for bidding in November. Construction for both phases will be from approximately February 1, 2017 to September 29, 2017.

SCHEDULE:

September 26, 2016: Contract(s) with CM Firm(s) approved by Board of Trustees.

September 29, 2017: Substantial Completion Date

The schedule for review and acceptance of the schematic design, design development, construction documents, and approval of the Guaranteed Maximum Price (GMP) for the project will be determined by mutual consent of the Owner, Architect, and Construction Manager.

Attach a construction schedule indicating the month/year in which each design phase must be approved for each project in order to obtain substantial completion by the above-mentioned date. The schedule must articulate the start date for construction.

Budget:

The construction budget has been established as noted below. This cost includes all CM fees , including pre-construction , construction , and general conditions fees. Arch itect and consultant fees , furniture, fixture and equipment costs, and reimbursable and miscellaneous costs are not considered as a part of the construction budget.

Construction: Architect: Reimbursables: Miscellaneous: Furniture/Equipment:

Total:

$5,200,000 $ 312,000 $ 275,000 $ 100,000 $ 113,000

$6,000,000

END OF ATTACHMENT 3

Vendors shall not discriminate against any employee or applicant for employment because of race, religion , color, sex, or national origin . Bidder certifies that the company complies with Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations.

Page22 of 37

NON-COLLUSIVE BIDDING CERTIFICATE

By submission of this bid or proposal , the Bidder certifies that:

a) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;

b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential Competitor;

c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal;

d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification , and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.

Texas Education Code Section 44.034. Notification of Criminal History of Contractor. a) 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.

Vendor response (initial): negative or see attached information __ _ b) A school district may terminate a contract with a person or business entity if the district determines that

the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction . The district must compensate the person or business entity for services performed before the termination of the contract.

c) This section does not apply to a publicly held corporation. Initial if (c) applies __ _

Signature below certifies to all three sections above.

Signature

Printed Name

Company Name

Telephone Number

VISITOR REGISTRY SYSTEM Pursuant to Section 38.022 of the Texas Education code , vendors must present a valid state or government-issued photo ID before access into the school is granted. This ID will be scanned into a registered sex offender database; any vendor found to be an offender will be denied access into the school. Local law enforcement will be contacted should this occur.

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Required Forms

a. Deviation/Compliance Signature Form

b. Confidentiality Declaration Form

c. Insurance Requirements

d. Certification for Criminal History Check

e. Conflict of Interest Disclosure

f. Conflict of Interest Questionnaire

g. Family Conflict of Interest Questionnaire

h. HUB Information Questionnaire

i. (HB 1295 Form will need to be submitted if selected by Board)

ALL REQUIRED FORMS MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONSE, OR THE RESPONSE WILL BE DEEMED NONRESPONSIVE.

Page24 of 37

DEVIATION/COMPLIANCE SIGNATURE FORM

RFQ # 17-01-739

Company Name

Address City State Zip

Phone Number Fax Number

If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached . The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.

In the absence of any deviation entry on this form , the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation.

D No Deviation

D Yes Deviation If yes is checked , please list below:

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If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex. Gov't Code or other laws, you must make a £Qlll'. of all claimed confidential materials within your proposal and put this COMPLETED form as a coversheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelope will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well. The copy in the envelope is to show IISD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. Irving ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited products or service may be deemed as public information under Chapter 552 Tex. Gov' t Code.

--------------------------------------------------------------1----------

This envelope contains material for our proposal that I classify and deem confidential under Tex. Gov't Code§ 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials :

Name of company claiming confidential status of material

Printed Name and Signature of authorized company officer claiming confidential status of material

Address City State Zip Phone

ENCLOSED ARE COPIES OF RESPONSE TO CSP# 16-57-737

PAGES OF CONFIDENTIAL MATERIAL FROM OUR

Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response Irving ISD procurement process (e.g. RFP, CSP, Bid, etc.).

Name of company expressly waiving confidential status of material

Printed Name and Signature of authorized company officer expressly waiving confidential status of material

Address City State Zip Phone

Page26 of 37

Insurance Requirements

INSURANCE REQUIREMENTS

A. Prior to approval of this contract/agreement by llSD, the vendor shall furnish a completed Standard Certificate of Insurance to the Risk Manager, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. llSD shall have no duty to pay or perform under this contract or agreement until such certificate shall have been delivered to the Risk Manager, and no officer or employee shall have authority to waive this requirement.

B. llSD reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance requirements and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or the claims history of the industry.

C. A vendor's financial responsibility is of interest to llSD; therefore, subject to the vendor's right to maintain reasonable deductibles in such amounts as are approved by llSD, the VENDOR shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at the vendor's sole expense, insurance coverage written by admitted carriers authorized or approved to do business by the State of Texas and otherwise acceptable to llSD, in the following types and amounts:

Types of Coverage Workers' Compensation

Employer's Liability

Limits of Liability Statutory

$500,000 Each Accident

$500,000 Disease Policy Limit $500,000 Disease Each Employee

Commercial General Liability $1 ,000,000 Combined Single Limit Policy

Business Auto Liability

Aggregate $500,000 Combined Single Limit Each Occurrence (Property damage deductible not to exceed

$500 per occurrence) $1 ,000,000 Combined Single Limit Each

Occurrence

The immunity of the owner shall not be a defense from the insurance carrier.

The selected vendor will be required to submit an insurance certificate naming Irving ISO as an additional insured prior to the start of the project

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Texas Education Code Chapter 22 Certification for Criminal History Check

Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied . Covered employees with disqualifying criminal histories are prohibited from serving at a school district.

Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

On behalf of ___________________ _____ ("Contractor"), I certify that

[check one]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked , I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked , I further certify that: (1) Contractor has obtained all required criminal history record information regard ing its covered employees. None of the covered employees has a disqualifying criminal history.

(2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.

(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.

( 4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information , Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Company Name Printed Name of Company Representative

Signature Date

For additional information on how to comply with this statute, please contact the Irving ISO Purchasing Department, 972-600-5440, 2621 West Airport Freeway, Irving, Texas 75062.

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Notice to Vendors Conflict of Interest Disclosure Statements

Texas Local Government Code, Chapter 176

Vendors are required to file a Conflict of Interest Questionnaire with the District if a relationship exists between the vendor's company and an officer of the District. Vendors are encouraged to review and become familiar with all disclosure requirements of Texas Local Government Code, Chapter 176.

Conflicts of interest exist if: 1. the person has employment or other business relationship with the local government officer or a family

member resulting in the officer or family member receiving taxable income; or 2. the person has given the local government officer or family member one or more gifts (excluding food ,

lodging, transportation , and entertainment) that have an aggregate value of more than $250 in the twelve month period preceding the date the officer becomes aware of an executed contract or consideration of the person for a contract to do business with the District.

Disclosure is required from vendors regarding each affiliation or business relationship between the vendor and: 1. an officer of the District; 2. an officer of the District that results in the officer or family member receiving taxable income; 3. an officer of the District that results in the vendor receiving taxable income that does not come from the District; 4. a corporation or other business entity in which an officer of the District serves as an officer or director, or

holds an ownership interest of 10% or more; 5. an employee or contractor of the District who makes recommendations to an officer of the District regarding

the expenditure of money; 6. an officer of the District who appoints or employs an officer of the District that is the subject of the questionnaire;

and 7. any person or entity that might cause a conflict of interest with the District.

Forms must be filed: 1. No later than the seventh business day after the date that the person begins contract discussions or

negotiations with the government entity, or submits to the entity an application, response to a request for proposal or bid , correspondence, or other writing related to a potential agreement with the entity.

2. The Vendor also shall file an updated questionnaire: a. not later than September 1 of each year in which a covered transaction is pending, and b. the seventh business day after the date of an event that would make a statement in the

questionnaire incomplete or inaccurate.

3. A vendor is not required to file an updated questionnaire if the person had filed an updated statement on or after June 1, but before September 1 of the year.

Officers of the Irving Independent School District are:

Steven Jones, Board President, (District 1) Larry Stipes, Vice President (District 3) Randy Rand I e , Secretary (District 7) Nell Anne Hunt (District 2) Dinesh Mali (District 4) A.O. Jenkins , (District 5) Randy Necessary (District 6) Jose L. Parra, Ed.D. , Superintendent of Schools

If you are required to file, send the completed form to Irving Independent School District, Purchasing Department, 2621 West Airport Freeway, Irving, Texas 75062.

CONFLICT OF INTEREST QUESTIONNAIRE FORM

For vendor or other person seeking to do business with local governmental entity CIQ (Required Field)

Name of Person Completing Form: I (Required Field)

I Name of Company Completing Form:

This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY

This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a) with a local governmental entity Date Received: I I and the person meets requirements under Section 176.006(a).

I

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.

A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.

W Name of person who has a business relationship with local governmental entity.

W Check this box if you are filling an update to a previously filed questionnaire.

{The law requires that you file an updated completed questionnaire with the appropriate filing authority not LJ later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)

~ ~IRJffii~@h9e~!b'ffl'@l!ltWfffi~m filer

I (List Name of Officer in space provided above) If naming government officer above, completion of A, B, C & D below is reauired. If no conflict, check box at line 4 below.

This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has affi liation or business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire?

0Yes D No

B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmenta~ity? D

Yes No

C. Is the filer of this questionnaire employed by icorhoration or other business entity with respect to which the local govern~ officer serves as an officer r di ector, or holds an ownership of 10 percent or more?

Yes No

D. Describe each employment or business relationship with the local government officer named in this section.

~ Check here if you are NOT reporting a conflict with any government officer of Irving ISO I r---1

~ I I I

I

C:i"'"~+11ro {C),o,n11iro1H n,.+o

NOTIFICATION OF NO CONFLICT OF INTERESTRFQ#~~~

Irving ISO 2621 West Airport Freeway

Irving , TX 75062

If applicable, please sign and return this form to the attention of:

Gary Micinski, CFO (at the above address)

Irving ISO requires this notification to document the Proposer's acknowledgement of requirements of Texas Government Code, Section 176.00 of the Texas Local Government Code for disclosure of Conflicts of Interest. Submission of this form is an affidavit that the Proposer submitting this form is stating that no conflict exists, as detailed in Texas Local Government Code Section 176.006 (a).

This form is in addition to any other reporting requirement required under Texas state law and does not supplant any additional reporting requirements.

Company (Print or Type) Phone Fax

Signature Date

Printed Name & Title of Signature

' ING

FAMILY CONFLICT OF INTEREST QUESTIONNAIRE RFQ#l7-01-739 This Questionnaire must be completed by every individual or entity that contracts or seeks to contract with the District for the sale or purchase of property, goods, or services.

The questionnaire(s) required by this policy shall be filed with the Senior Buyer not later than the

seventh (7 TH) business day after the date that the individual or entity begins contracts discussions or negotiations with the District or submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential agreement with the District. If the individual or entity becomes aware of new facts or change of facts that would make the completed questionnaire(s) inaccurate, the individual or entity shall file an amended questionnaire(s) within seven (7) days of the date the individual or entity first learned of the new facts or changes in facts.

Family or family relationship means a member of an individual 's immediate family, including spouse, parents, children (whether natural or adopted), aunts, uncles, and siblings.

For individuals who contract or seek to contract with the District for the sale or purchase of any property, goods, or services: Identify each and every family relationship between yourself (and any member of your family) and any full-time District Employee (and any member of such employee's family) (please include name and sufficient information that will allow proper identification of any named individual):

For entities that contract or seek to contract with the District for the sale or purchase of property, goods, or services: Identify each and every full-time District employee (and any member of the employee's family) who serves as an officer or director of the entity, or holds an ownership interest of 10 per cent or more in the entity (please include name and sufficient information that will allow proper identification of any named individual):

If more space is required please attach a second page. If the answer to any question is none, or not applicable, please write "None" or "Not Appl icable" in the space reserved for that answer. "I certify that the answers contained in this questionnaire are true and correct."

Individual: _______________ _

Entity: ________________ _

By: _________________ _ Date: ---------

Signature: _______________ _

Title: ________________ _

Certified this __ day of _________ , 20 __ , by---------------Notary Public

Notary Seal

IRVING INDEPENDENT SCHOOL DISTRICT

NON-CERTIE!Ep MINORITY/WOMEN BUSINESS ENTERPRISE ATTESTATION ALL CERTIFIED ENTERPRISES NEED ONLY SUBMIT CERTIFICATION DOCUMENTATION- DO NOT USE THIS FORM

IPLEASECHECKTIIECORRESPONDING BOX FOR YOURFIRM

NON-CERTIFIED A business which is at least 51 % owned, managed and the daily business operations MINORITY BUSINESS ENTERPRISE controlled by one or more minority individuals. Minority generally includes the following

(MBE) groups: American Indians, Aleuts, Asian-Pacific Americans, Black Americans, F.skimos,

D Hispanic Americans, Native Hawaiians and Subcontinent Asian Americans. All ethnic female owned firms will be classified as an MBE.

NON-CERTIFIED WOMAN BUSINESS ENTERPRISE

A ""'"= w1'oh i•" I=< 51 % owned, ""'"'""'""d thodffily """"'"r (WBE) controlled by one or more women owners.

D I

---- ....--- . - - ..._.. ...,... - ..._....._ .,... _ - - ..._...._ ,.- - .-_ - .._ ,.,..- "'- ~.....-.l"""'lri. .._ T

lJ"nl'V .nHA~L DU .:l11 V .CJJ .l.1 ~ _.1. ~ U ..IUY.l./-J .l. .l. Ul V

1. Business

Name

Telephone Number I Fax.Number I Mobile/Cell Number

E-mail address Internet Website I URL Address

Alternate E-mail address Alternate Contact Person

2. Does this business use any other name(s)? If yes, indicate name(s) Yes D No D

3. Business Mailing Address

City State County Zip

4. Physical Address of Business

City State County Zip

5. Tax Identification Number 6. Date business was established under present name and ownership:

I

7. Is this business a continuation of a pre-existing business? Yes D No D If yes indicate name(s)

8. Indicate if this firm bas previously been Certifying Authority Address I Date certified or participated as a DBE I

I MBE I WBE. Indicate the name of the certifying authority and provide a copy of the certification letter/certificate. I

Irving ISO Non-certified MW BE attestation affidavit Form 737-001 Rev. 4-12

9. Is the business affiliated with another If yes, list Name and Address of the affiliate firm. business?

Yes D No D 10. Business Structure PROPRIETORSHIP PARTNERSHIP

(CHECK ONE): LIMITED LIABILITY (LLC) GENERAL CORP. (INC.)

CONCESSIONAIRE(f o beconsideredanACDBEyoumust complete the DBE annlication.)

11. Please list three company and/or client references: COMPANY CONT ACT PERSON TITLE TELEPHONE

12. Identify five or less of your maior products/services

PRODUCT OR SERVICE PROVIDE A BRIEF DESCRIPTION:

1.

2.

3.

4.

5.

13. Does your firm share any resource(s) (office facilities, storage space, equipment, and personnel) with any other firms or individuals? Yes D No D If yes explain:

14. Please identify the firms' ownership: (use additional sheet if more than three owners)

NAME Ethnicity Sex Years of Ownership Voting

ownership percentage percentage

I

I

I I

15. Identify any owner or management official of the firm who is or has been an employee of another firm that has ownership interest or a present business relationship with your firm:

I

Irving ISO Non-certified MWBE attestation affidavit Form 737-001 Rev. 4-12

Instructions - Form 1295

Effective January 1, 2016, a governmental entity may not enter into a contract requiring board approval, unless the business entity submits a Disclosure of Interested Parties (Form 1295) at the time the business entity submits the signed contract.

The following definitions apple :

1. "Interested Party" means a person :

a. Who has a controlling interest in a business entity with whom a governmental entity contracts: or

b. Who actively participates in facil itating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity.

2. " Intermediary" means "a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

a. Receives compensation from the business entity for the person's participation;

b. Communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

c. Is not an employee of the business entity

3. "Business Entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. "Business entity" includes a for- profit or nonprofit entity. He term does not include a governmental entity or state agency.

4. "Contract" includes an amended, extended, or renewed contract.

5. "Controlling Interest" means:

a. An ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

b. 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

c. 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."

A business entity must file Form 1295 electronically with the Texas Ethics Commission using the Commission's on line filing application, which can be found at:

https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm

The business entity must print a copy of the 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 business entity must then submit the completed, signed, notarized Form 1295 to the contracting school district.

Again, inter-local contracts DO NOT REQUIRE a Form 1295 because governmental entities do not fall with in the definition of "business entity" . Notably, though, compliance with HB 1295 is required for contracts with nonprofit agencies, such as the Irving Independent School District.

CERTIFICATE OF INTERESTED PARTIES

Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3

4

Name of Interested Party

5 D

FORM 1295

OFFICE USE ONLY

Intermediary

6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.

Signature of authorized agent of contracting bJsiness entity

Sworn to and subscribed before me, by the said _____________________ , this the ______ d.ay

of _______ , 20 ___ , to certify which. w itness my hand and seal of office.

Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath

ADD ADDITIONAL PAGES AS NECESSARY

Form provided by Texas Ethics Commission www.ethics.state.tx.us Adopted 10/5/2015