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EDCOUCH-ELSA INDEPENDENT SCHOOL DISTRICT

REQUEST FOR COMPETITIVE SEALED PROPOSALS

FOR

CONSTRUCTION MANAGEMENT-AT-RISK (CMAR) SERVICES

YBARRA FINE ARTS ACADEMY

PHASE 1 REMEDIATION

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TABLE OF CONTENTS

0.1 Required Forms

0.11 Legal Notice and Request for Proposals

0.12 Acknowledgement Form

0.13 Ethics Statement

0.14 Certification Regarding Debarment, Suspension and other Responsibility

0.15 Conflict of Interest Questionnaire

1. Introduction

1.1 Edcouch-Elsa ISD Board Introduction

1.2 Description of the EEISD Project

1.3 Background and Special Concerns

1.4 Objective

2. Notice to Respondents

2.1 General

2.2 Submittal Deadline

2.3 EEISD Contacts

2.4 Type of Contract

2.5 Inquiries and Interpretations

2.6 Public Information

2.7 Contract Award Process

2.8 Criteria for Qualifications

2.9 Respondent's Acceptance of Evaluation Methodology

2.10 Commitment

2.11 Local Business Participation

2.12 Key Events Schedule

2.13 Eligible Respondents

2.14 Pre-Submittal Conference

3. Proposal Requirements

3.1 General Instructions

3.2 Preparation and Submittal Instructions

3.3 Bonding

4. Pricing and Costs

4.1 Budget Limitations and CMR Pre-Construction and Construction Phase Fees.

4.2 Schedule and Delivery

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5. RFP General Terms and Conditions

6. Execution of Offer

7. Project Description

8. Selection Criteria / Respondent Questionnaire

9. Sample Contract and General Conditions 9.1 CMAR Contract with Standard General and Supplemental Conditions.

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LEGAL NOTICE

AND

REQUEST FOR PROPOSALS RFP #2019-016

P075-18

The Edcouch-Elsa Independent School District (“EEISD” or the “District”) is requesting

Competitive Sealed Proposals (hereon styled “RFP”) from qualified construction firms that can provide

Construction Management-at-Risk (CMAR) services for Phase 1 remediation to Ybarra Fine Arts

Academy. Qualified firms must have extensive experience in construction and construction management

of public buildings, industrial office facilities and / or institution-style buildings. EEISD’s Purchasing

Office located at 920 West Santa Rosa Ave., Edcouch, TX 78538, will accept RFP’s from qualified firms

until 2:00 PM, April 30, 2019. RFP’s received after this time will not be considered.

RFP’s will be acknowledged by EEISD on April 30, 2019 by 2:15 PM. District staff will evaluate

responses from May 1, 2019 to May 2, 2019. Final selections will be made by no later than May 7, 2019.

District RFP documents may be obtained from the EEISD Purchasing Office, or downloaded from

the District website at insert site

A mandatory pre-proposal conference will be held at the EEISD Central offices at 920 West

Santa Rosa Ave., Edcouch, TX 78538 on April 23, 2019 at 2:00 PM and followed by a visit to the

Project Site. Proposers are required to attend and participate in the conference and may be accompanied

by their subcontractors and suppliers. Proposals received from Proposers who have failed to attend the pre-

proposal conference will be considered non-responsive and their Proposal rejected.

Please mark on the outside of the envelope and on any carrier’s envelope: “Sealed Proposal for

Construction Management-at-Risk Services for Ybarra Fine Arts Academy Phase 1 Remediation.

April 30, 2019, 2:00 PM”, c/o Ms. Sylvia Garza, Chief Financial Officer

The District will not be responsible in the event that the U.S. Postal Service or any other courier

system fails to deliver the sealed qualification statement package to the EEISD Purchasing Office by the

given RFP deadline above. Electronic transmission or facsimile of RFP will not be acceptable.

EEISD reserves the right to reject any or all responses and to waive irregularities contained therein

and to accept any response deemed most advantageous to the District.

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Please submit this page upon receipt.

Acknowledgment Form

COMPETITIVE SEALED PROPOSALS FOR CONSTRUCTION MANAGER AT RISK

For YBARRA FINE ARTS ACADEMY PHASE 1 REMIDIATION

For any clarifications, please contact Sylvia Garza at the District’s, Business Office, at: (956) 262-6000 or

e-mail: sygarza@eeisd.org

Please fax, mail or e-mail this page upon receipt of the RFP package or legal notice. If you only received

the legal notice and you want the RFP package mailed, please provide an overnight method of shipment

with account number in the space designated below.

Check one:

( ) Yes, I will be able to send an RFP; obtained RFP package from EEISD website.

( ) Yes, I will be able to send an RFP; please email the RFP package.

Email:

( ) Yes, I will be able to send an RFP; please overnight mail the RFP package using the

carrier & account number listed below: Carrier: Account:

( ) No, I will not be able to send an RFP for the following reason:

If you are unable to send your RFP, kindly indicate your reason for “No response” above and return this

form via fax to: (956) 262-6040. This will ensure you remain active for future potential District work on

our vendor list.

Date

Company:

Name:

Address:

City: State: Zip Code:

Phone: Fax:

Email:

*IF SPECIFICATIONS ARE DOWNLOADED FROM WEBSITE PLEASE FAX THIS PAGE TO

NUMBER LISTED ABOVE

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ETHICS STATEMENT (Complete and Return this form with Response)

The undersigned construction firm, by signing and executing this RFP, certifies and represents to the District

that firm has not offered, conferred or agreed to confer any pecuniary benefit, as defined by (1.07 (a) (6) of the Texas

Penal Code, or any other thing of value as consideration for the receipt of information or any special treatment of

advantage relating to this RFP; the firm also certifies and represents that the firm has not offered, conferred or agreed

to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion,

recommendation, vote or other exercise of discretion concerning this RFP, the firm certifies and represents that firm

has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of

the EEISD concerning this RFP on the basis of any consideration not authorized by law; the firm also certifies and

represents that firm has not received any information not available to other firms so as to give the undersigned a

preferential advantage with respect to this RFP; the firm further certifies and represents that firm has not violated any

state, federal, or local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and

that firm will not in the future offer, confer, or agree to confer any pecuniary benefit or other thing of value of any

officer, trustee, agent or employee of the EEISD in return for the person having exercised their person’s official

discretion, power or duty with respect to this RFP; the firm certifies and represents that it has not now and will not in

the future offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee, agent, or

employee of the EEISD in connection with information regarding this RFP, the submission of this RFP, the award of

this RFP or the performance, delivery or sale pursuant to this RFP.

THE CONSTRUCTION MANAGER-AT-RISK PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD

HARMLESS THE EEISD BOARD, ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND

AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDING, COSTS, DAMAGES, AND

LIABILITIES, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR

OMISSIONS OF PROVIDER OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF

PROVIDER IN THE EXECUTION OR PERFORMANCE OF THIS RFP.

I have read all of the specifications and general RFP requirements and do hereby certify that all items submitted meet

specifications.

COMPANY: _______________________________________

AGENT NAME: ____________________________________

AGENT SIGNATURE: ________________________________

ADDRESS: _________________________________________

CITY: _____________________________________________

STATE: _____________________________ ZIP CODE: ________________

TELEPHONE: ________________________ TELEFAX: ___________________

FEDERAL ID#: ________________________AND/OR SOCIAL SECURITY #: _________________

DEVIATIONS FROM CONSTRUCTION MANAGER-AT-RISK SOLICITATION IF ANY:

NOTE: QUESTIONS AND CONCERNS FROM PROSPECTIVE CONTRACTORS SHOULD BE

RAISED WITH OWNER AND ITS CONSULTANT (IF APPLICABLE) AND RESOLVED IF

POSSIBLE, PRIOR TO THE PROPOSAL SUBMITTAL DATE. ANY LISTED DEVIATIONS IN

A FINALLY SUBMITTED PROPOSAL MAY ALLOW THE OWNER TO REJECT A PROPOSAL

AS NON-RESPONSIVE.

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CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS (Complete and Return this form with Response)

Name of Entity: ____________________________________________________

The prospective participant certifies to the best of their knowledge and belief that they and their principals:

Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded

from covered transactions by any Federal department or agency:

Have not within a three year period preceding this RFP been convicted of or had a civil judgment rendered

against them for commission of fraud or a criminal offense in connection with obtaining, attempting to

obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;

violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,

falsification or destruction of records, making false statements, or receiving stolen property;

Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,

State, Local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification;

and

Have not within a three-year period preceding this application/RFP had one or more public professional

service contract transactions (Federal, State, Local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this RFP or

termination of any award. In addition, under 18 USC Section 1001, a false statement may result in a fine

up to a $10,000.00 or imprisonment for up to five (5) years, or both.

____________________________________________

Name and Title of Authorized Representative (Typed)

_____________________________________________ _________________

Signature of Authorized Representative Date

I am unable to certify to the above statements. My explanation is attached.

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THIS FORM MUST BE COMPLETED IN ITS ENTIRETY & SUBMITTED WITH BID RESPONSE

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SECTION 1

INTRODUCTION

1.1 Edcouch-Elsa Independent School District (“EEISD” or the “District”) Introduction

The mission of Edcouch-Elsa I.S.D. is to produce responsible graduates who can compete confidently in a dynamic global society by providing an individualized, nurturing educational foundation that draws strength from our community's spiritual roots and rich cultural heritage as we face the challenge of the new millennium.

This request for RFP’s is a means for prospective Construction Manager-at-Risk respondents to submit their

Proposals to the District for the services described in this document. The RFP and all associated documents

and addenda are available in electronic format and will be posted on the District’s website.

1.2 Description of the EEISD Project

Scope of Work is as follows: - Repaint Main Building Hallway

- Repaint classrooms 101-112 and 130-133 in Main Building

- Repaint Red Building Exterior

- Replace metal flashing on east side of main building

- Repair Broken/missing floor tile

- Clean out all rooms

- Scrub white scum off of walls

- Sandblast overspray

- Clean AC Vents, Tube Duct, etc. ...

- Repair Broken Dividers in Restrooms

- Replace signage at all entrances to rooms/spaces

- Strip and Wax Floors

- Clean Windows

- Replace Bad Ceiling Tiles

- Clean plastic roof material over restrooms

- Clean Gym (including ceiling, ducts and lights)

- Clear coat seal the exterior CMU wall of the Main Building

The EEISD is proposing to remediate the following facilities under one single-phase CMAR contract:

1. Ybarra Fine Arts Academy Main Building

2. Ybarra Fine Arts Academy North-West (Red) Building

The District is requesting RFP’s from qualified firms that can provide Construction Manager-At-Risk

(CMAR) for the pre-construction and construction phase services for all of the Building Phases constituting

the YBARRA FINE ARTS ACADEMY PHASE 1 REMEDIATION.

1.3 Background and Special Concerns

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A. Definition: A “construction manager-at-risk” is a sole proprietorship, partnership,

corporation, or other legal entity that assumes the risk for construction, rehabilitation,

alteration, or repair of a facility at the contracted price as a general contractor and provides

consultation to the EEISD regarding construction during and after the design of the

facility.

B. Architects and Engineers: The Architect of Record for the project is Eli R. Ochoa, P.E.,

AIA, CBJ with GoERO INTERNATIONAL, LLC of McAllen, Texas who shall prepare

the construction documents for the project and who has full responsibility for complying

with the Texas Engineering Practice Act (Article 3271a, Texas Revised Civil Statutes

[Vernon]), or the Texas Architectural Practice Act (Article 249a, Texas Revised Civil

Statutes [Vernon]), as applicable.

C. Trade Contractors and Subcontractors: A construction manager-at-risk shall publicly

advertise and solicit either competitive bids or competitive sealed proposals from trade

contractors or subcontractors for the performance of all major elements of the work other

than the minor work that may be included in general conditions. A construction manager-

at-risk may seek to perform portions of the work itself if the construction manager-at-risk

submits its bid or proposal for those portions of the work in the same manner as all other

trade contractors or subcontractors and if the EEISD determines that the construction

manager-at-risk’s bid proposal provides the best value for the institution. The District’s

determination in such matters is final.

D. Receipt of Bids or Proposals: The construction manager-at-risk and the EEISD shall

receive and open all trade contractor or subcontractor bids or proposals in a manner that

does not disclose the contents of the bid or proposal during the selection process. All bids

and proposals shall be made public within seven (7) days after the date of final selection.

E. Acceptance of Recommendations for Trade Contractors and Subcontractors: If the

construction manager-at-risk reviews, evaluates, and recommends to the District a bid or

proposal from a trade contractor or subcontractor, but the District requires a bid or

proposal from another trade contractor or subcontractor to be accepted, then, pursuant to

the terms of the Contract, the District shall compensate the construction manager-at-risk

by a change in price, time, or guaranteed maximum cost for any additional cost and risk,

which has been demonstrated to the District’s satisfaction and as required by the Contract,

that the construction manager-at-risk may incur because of the District’s requirement that

another trade contractor or subcontractor bid or proposal be accepted.

F. Scope, Schedule, Budget: Detailed information about scope, schedule, and budget, are

contained in Section 3 & 4 herein below.

1.4 Objective

The objective is to select a Construction Manager-at-Risk (“CMAR”) to provide pre-construction

coordination services with the Project Architect and EEISD, and then construction phase services

to complete construction of these facilities on-time and within budget. Persons or firms practicing

these services in the State of Texas must possess proper registration in accordance with Texas law.

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SECTION 2

NOTICE TO RESPONDENTS

2.1 General

The EEISD is accepting competitive sealed proposals for a construction management-at-risk

contract, pursuant to the one-step process provided for by Chapter 2269 of Subtitle F of Title 10

of the Texas Government Code that offers the best value for the governmental entity as set forth

in this Request for Proposals (“RFP”), RFP #2019-016. This RFP provides sufficient information

for interested parties to prepare and submit proposals for consideration by the EEISD.

NOTE: THE DISTRICT HAS PRE-SET THE FEES FOR PRE-CONSTRUCTION SERVICES FOR EACH OF THE SEPARATE BUILDING PHASES. THIS AMOUNT IS FOR FULL COMPENSATION FOR ALL PRE-CONSTRUCTION SERVICES INCLUDING ALL THE INFORMATION LISTED IN THIS RFP. EEISD HAS ALSO PRE-SET THE FEE PERCENTAGES FOR GENERAL CONDITIONS, OVERHEAD, PROFIT AND DESIGN CONTINGENCY FOR EACH OF THE BUILDING PHASES. ANY RFP THAT PROPOSES FEES WHICH DEVIATE EITHER ABOVE OR BELOW STATED AMOUNTS IN SECTION 4.1 OF THIS RFP MAY BE REJECTED AS NONRESPONSIVE.

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN

THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL

REQUIREMENTS AND QUESTIONS AS DIRECTED.

2.2 Submittal Deadline

The District will accept Proposals until 2:00 PM on April 30, 2019.

2.3 EEISD Contacts

Any questions or concerns regarding this Request for Proposals shall be directed to:

Ms. Sylvia Garza

EEISD Chief Financial Officer

920 West Santa Rosa Ave. Edcouch, TX 78538

956-262-6000

Respondents shall not contact, or solicit decisions, information and direction regarding this

Project, RFP or later RFP from District’s Board of Directors without prior written approval

from EEISD’s Purchasing Department.

2.4 Type of Contract

After a respondent is selected by EEISD and an award of contract is made, the successful

respondent will be required to enter into a contract in the form of the District’s standard

Construction Manager-at-Risk Agreement, a sample copy of which is attached herein.

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2.5 Inquiries and Interpretations

Responses to inquiries which directly affect an interpretation or change to this RFP will be issued

in writing by addendum (amendment) and mailed to all parties recorded by the EEISD as having

received a copy of the RFP. All such addenda issued by the EEISD prior to the time that submittals

are received shall be considered part of the RFP, and the Respondent shall be required to consider

and acknowledge receipt of such in its submittal. Firms receiving this RFP other than directly from

the EEISD are responsible for notifying the EEISD that they are in receipt of a submittal package

and are to provide a name and address in the event an amendment is issued.

Only those inquiries the EEISD replies to which are made by formal written addenda shall be

binding. Oral and other interpretations or clarification will be without legal effect. The Respondent

must acknowledge all addenda by signing and returning such document(s) or by letter. Such

acknowledgment must be received prior to the hour and date specified for receipt of Proposals, or

shall accompany the submittal.

2.6 Public Information

The EEISD considers all information, documentation and other materials requested to be submitted

in response to this solicitation to be of a non-confidential and/or non-proprietary nature and

therefore shall be subject to public disclosure under the Texas Public Information Act (Texas

Government Code, Chapter 552.001, et seq.) after a contract is awarded.

Respondents are hereby notified that the EEISD strictly adheres to all statutes, court decisions, and

opinions of the Texas Attorney General with respect to disclosure of RFP information.

2.7 Contract Award Process

This is a one-step contract award process as provided by Chapter 2269 of Subtitle F of Title 10 of

the Texas Government Code. The EEISD, through the use of this document will select the offeror

that submits the proposal that offers the best value for the EEISD based on the criteria and ranking

as shown in Section 8 herein.

EEISD shall receive, publicly open, and read aloud the names of the offerors and read aloud the

fees and prices, if any, stated in each proposal as the proposal is opened.

The EEISD will then appoint a Selection Review Committee (“SRC”) consisting of EEISD Staff

and/or Management and/or Board Members to review, score and rank all the RFP submittals

received. After ranking the RFP respondents, the SRC will develop a shortlist of responsive

companies capable of providing the best value for the EEISD based solely on proposals and ranking

according to the criteria outlined in this RFP, which may or may not include all responsive

companies.

The shortlisted respondents must be present and deliver a presentation up to 15 minutes in length

followed by a 10-minute question and answer session (if needed). The Board reserves the right to

revise the duration of the presentations and the question and answer periods. Upon the conclusion

of the firm presentations and Q&A periods, the Board will determine and select the respondent that

submits the proposal that offers the best value for the EEISD based on the published selection

criteria and on its ranking evaluation and presentation and determine the final rankings of the

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remaining shortlisted respondents.

The EEISD will first attempt to negotiate a satisfactory contract with the EEISD Board selected

offeror. If the EEISD is unable to negotiate a satisfactory contract with the selected offeror, the

EEISD shall, formally and in writing, end negotiations with that offeror and proceed to negotiate

with the next offeror in the order of the selection ranking until a contract is reached or negotiations

with all ranked offerors end. The EEISD may not disclose any information derived from the

proposals submitted from competing offers in conducting such discussions. The EEISD reserves

the right to award a Contract for all or any portion of the requirements proposed by reason of this

request, award multiple Contracts, or to reject any and all proposals if deemed to be in the best

interests of the EEISD and to re-solicit for proposals, or to temporarily or permanently abandon the

procurement.

If the EEISD awards a contract, it will award the contract to the offeror whose proposal is the most

advantageous to the EEISD and offers the best Proposals and evaluation factors set forth in this

RFP.

Not later than the seventh day after the date the contract is awarded, the EEISD shall make the

rankings public.

2.8 Criteria for Qualification

The Respondent selected will be the offeror that submits the proposal that offers the best value for

the EEISD based on the criteria and ranking outlined herein. Consideration may also be given to

any additional information and comments at each selection phase if they should increase the

benefits to the EEISD.

2.9 Respondent's Acceptance of Evaluation Methodology

Submission of Proposals indicates Respondent’s acceptance of the evaluation technique and

Respondent’s recognition that some subjective judgments must be made by the EEISD during the

determination of qualification.

2.10 Commitment

Respondent understands and agrees that this RFP is issued predicated on anticipated requirements

for the EEISD and that the EEISD has made no representation, written or oral, that any such

requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent

recognizes and understands that any cost borne by the Respondent which arises from

Respondent’s performance hereunder shall be at the sole risk and responsibility of Respondent.

2.11 Local Business Participation

It is a desire of the EEISD to maximize local participation and to promote and encourage

contracting and subcontracting opportunities for Locally Owned Businesses and labor in all

contracts. Accordingly, the Construction Manager at Risk will be required to outline local

participation plan and documentation thereof.

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2.12 Key Events Schedule:

RFP SCHEDULE DATES/TIME (CST)

Advertise RFP April 14 & April 21, 2019

Release RFP April 15, 2019

Mandatory pre-submittal conference 2 PM – April 23, 2019

Deadline to submit questions or requests for clarifications

regarding the RFP to Ms. Sylvia Garza, Chief Financial

Officer

April 23, 2019 by

5:00 PM

Modifications and/or answers to questions posted and/or

emailed.

April 26, 2019 by

5:00 p.m.

CMAR RFP Submittal Deadline

2:00 PM –April 30, 2019

Acknowledge Responses 2:00 PM –April 30, 2019

Evaluate RFP Responses to develop a short list May 1, through

May 2, 2019

EEISD Board Interviews and CMAR Selected

May, 7 through May 9 2019

Contract Negotiations

May 10, 2019

Award CMAR Contract

May 13, 2019

2.13 Eligible Respondents

It is a policy of the EEISD to refuse to enter into a contract or other transaction with an individual, sole proprietorship, joint venture, Limited Liability Company or other entity indebted to EEISD. The EEISD will contract only with individual firms or formal organizations such as a) joint

ventures, b) limited liability corporations, c) partnerships, or d) corporations authorized to do

business in the State of Texas. If respondents are submitting as a joint venture or partnership

that is not a distinct legal entity and has not completed at least one prior project as the submitting

partnership/joint venture, the responses to this RFP should be completed by each of the separate

entities making up the partnership/joint venture.

2.14 Pre-Submittal Conference

A. A mandatory pre-submittal conference will be held at the (EEISD) offices at 920 West

Santa Rosa Ave., Edcouch, 78538 on April 23, 2019, beginning at 2:00 PM and followed

by a visit to the Project Site.

PROPOSERS ARE REQUIRED TO ATTEND THE PRE-PROPOSAL CONFERENCE

and may be accompanied by its subcontractors and suppliers. Submittals received from

Proposers who have failed to attend the pre-submittal conference will be considered non-

responsive and their submittal rejected.

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B. Proposers are encouraged to submit written questions to be addressed at the mandatory pre-

submittal conference at least two (2) business days in advance of the conference to:

Sylvia Garza

EEISD Chief Financial Officer

920 West Santa Rosa Ave. Edcouch, TX 78538

956-262-6000

Additional questions may be submitted in accordance with paragraph 2.5.

C. The EEISD will transmit to all prospective Proposers of record such Addenda as EEISD

considers necessary in response to questions arising at the pre-proposal conference. Oral

statements may not be relied upon and will not be binding or legally effective.

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SECTION 3

PROPOSAL REQUIREMENTS

3.1 General Instructions

A. Respondents should carefully read the information contained herein, and submit a

complete response to all requirements and questions as directed.

B. Submittals and any other information submitted by Respondents in response to this RFP

shall become the property of EEISD.

C. The EEISD will not provide compensation to Respondents for any expenses incurred by

the Respondents for submittal preparation or for any demonstrations that may be made,

unless otherwise expressly stated or required by law. Respondents submit Proposals and

other submittal information in response to this RFP at their own risk and expense.

D. Submittals which are qualified with conditional clauses, or alterations, or items not called

for in the RFP documents, or irregularities of any kind are subject to disqualification by

the EEISD, at its option. OWNER RESERVES THE ABSOLUTE AND

UNCONDITIONAL RIGHT TO BE SOLE DETERMINANT OF WHAT IS

DEEMED "AN IRREGULARITY" AND TO WAIVE OR INTERPRET ANY

IRREGULARITY TO ITS BENEFIT, IN ITS SOLE DISCRETION.

E. Each submittal should be prepared simply and economically, providing a straightforward,

concise description of your firm's ability to meet the requirements of this RFP. Emphasis

should be on completeness, clarity of content, responsiveness to the requirements, and an

understanding of the EEISD's needs.

F. The EEISD makes no guarantee that an award will be made as a result of this RFP and

reserves the right to accept or reject any or all submittals, waive any formalities or minor

technical inconsistencies, or delete any item/requirements from this RFP or contract when

deemed to be in the EEISD's best interest. Representations made within the Proposals

submittal will be binding on responding firms. The EEISD will not be bound to act by any

previous communication or submittal submitted by the firms other than this RFP.

G. Firms wishing to submit a “No-Response” are requested to return the Acknowledgement

Form. The returned form should indicate your company's name and include the words

“No-Response” in the right-hand column.

H. Failure to comply with the requirements contained in this RFP may result in a finding that

the respondent is not qualified and is ineligible to submit a proposal or subsequent contract.

I. Only individual firms or formal joint ventures may apply. Two firms may not apply jointly

unless they have formed a joint venture. Any associates will be disqualified. (This does not

preclude an applicant from having consultants.)

J. No self-performed packages are accepted without prior approval of the Owner.

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K. When ten related projects are requested, do not list more than ten. When up to three project

examples are requested, do not list more than three.

3.2 Preparation and Submittal Instructions

A. Respondents must complete, sign and return the attached Acknowledgement Form as part

of their Proposals submittal response. Submittals must be signed by Respondent's company

official(s) authorized to commit such submittals. FAILURE TO SIGN AND RETURN

THESE FORMS WILL SUBJECT YOUR SUBMITTAL TO

DISQUALIFICATION.

B. Responses to this RFP should consist of answers to Section 8 Respondent Questionnaire.

It is not necessary to repeat the question in your response; however, it is essential that you

reference the question number with your response corresponding accordingly. In cases

where a question does not apply or if unable to respond, reference the question number and

indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your

reason when responding N/R.

C. Page Size, Binders and Dividers

Submittals must be typed on letter-size (8-1/2” x 11”) paper. The EEISD requests that

submittals be bound, but no 3-ring binders, please. Preprinted material should be referenced

in the submittal and included as labeled attachments. Sections should be divided by tabs

for ease of reference. Number each side of each page consecutively, including letter of

interest, brochures, licenses, resumes, supplemental information, etc. Submittals are

limited to 100 letter size pages (front and back, for a total of 50 sheets of information)

with minimum font size of 10.

Covers, table of contents and divider tabs will not count as pages, provided no additional

information is included on those pages. Provide the number of copies of the submittal

specified in the advertisement. Any submittals exceeding the 100-page limit including

all supplemental information will be disqualified.

D. Table of Contents

Include with the submittal a Table of Contents that includes page number references. The

Table of Contents should be in sufficient detail to facilitate easy reference of the sections

of the submittal as well as separate attachments (which should be included in the main

Table of Contents). Supplemental information and attachments included by your firm (i.e.,

not required) should be clearly identified in the Table of Contents and provided as a

separate section.

E. Pagination

All pages of the submittal should be numbered sequentially within each section in Arabic

numerals (1, 2, 3, etc.) Attachments should be numbered or referenced separately.

F. Number of Copies

Submit a total of ten (10) complete copies of the entire response. An original signature

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must appear on the Letter of Interest on at least one (1) copy submitted.

G. Submission

(1.) Ten (10) identical copies and one (1) electronic version (PDF format on either USB

stick or CD/DVD) of the submittal, including any supplemental printed material

referenced with the RFP, must be submitted and received in the EEISD Purchasing

Department on or before the time and date specified, pursuant to the Notice to

Respondents (ref. Subsection 2.2) and delivered to:

Ms. Sylvia Garza

EEISD Chief Financial Officer

920 West Santa Rosa Ave. Edcouch, TX 78538

956-262-6000

NOTE: Show the Request for Proposals number and submittal date in the lower left-hand

corner of your sealed submittal envelope (box/container).

(2.) The materials submitted must be enclosed in a sealed envelope (box or container);

the package must show clearly the submittal deadline; the RFP number must be

clearly visible; and name and the return address of the Respondent must be clearly

visible.

(3.) Late submittals properly identified will be returned to Respondent unopened. Late

submittals will not be considered under any circumstances.

(4.) Telephone submittals are not acceptable when in response to the Request for

Proposals.

(5.) Facsimile (“FAX”) submittals are not acceptable when in response to this Request

for Proposals.

3.3 Bonding

Attach a letter of intent from a surety company indicating the applicant’s bond ability for this

project. The surety shall acknowledge that the firm may be bonded for the project, with a

potential minimum construction cost amount that the CMAR is able to bond but not to exceed

$ 25,000,000.00. Bonding requirements are set forth in Section 9 of this RFP.

SECTION 4

PRICING & COSTS

4.1 Budget Limitations and CMAR Pre-Construction and Construction Phase Fees.

NOTE: EEISD HAS PRE-SET THE FEES FOR PRE-CONSTRUCTION SERVICES FOR EACH OF THE BUILDING PHASES. THESE AMOUNTS ARE FOR FULL COMPENSATION FOR ALL PRE-CONSTRUCTION SERVICES INCLUDING ALL THE

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INFORMATION LISTED IN THIS RFP. EEISD HAS ALSO PRE-SET THE FEE PERCENTAGES FOR GENERAL CONDITIONS, OVERHEAD, PROFIT AND DESIGN CONTINGENCY FOR EACH BUILDING PHASE. ANY RFP THAT PROPOSES FEES WHICH DEVIATE EITHER ABOVE OR BELOW STATED AMOUNTS IN SECTION 4.1 OF THIS RFP MAY BE REJECTED AS NONRESPONSIVE.

Having carefully examined all the requirements of this RFP, and any attachments to them, the

undersigned proposes to furnish Construction Manager-At-Risk services as required for these

Projects on the following terms:

PHASE #1:

PHASE #1: Remediation Item #

Schedule Item

A Allowed Pre-construction Phase Set Fee

for services set out in Article V of the

proposed contracts attached and

incorporated by reference in Section 9 of

this RFP.

Based on current status of design

documents, this is anticipated to be 1.5

months.

$5,000.00

B Construction Cost Limitation (CCL)

The Owner has established a

Construction Cost Limitation (CCL) for

the Project amount of the following,

which includes the Cost of Work,

Construction Contingency Allowance,

Design Contingency Allowance and

CMAR's Fee and shall not include the

Preconstruction Phase Fee

$275,000.00

C Allowed General Conditions as allowed

in Exhibit H of the proposed contract

attached hereto as section 9.

12% of the GMP

D CMAR Construction Phase Fee

(overhead, profit, and other costs as

showing Article VII Item (i)).

4% of the GMP

F Design Contingency 2.5% of the GMP

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4.2 Schedule Delivery

A. Schedules:

B. Time will be of the essence in the performance of Contractor’s duties and please

refer to item 1.02 of the proposed contract attached hereto in Section 9 of this RFP

for liquidated damage provisions.

Pre-Construction Phase

Notice to Proceed

Phase #1 Upon execution of the proposed contract

Completion of Construction

Document Phase

Phase #1

Anticipated May 31, 2019

Anticipated June 2020

Submission of GMP Phase #1 May 31, 2019

Construction Phase

Substantial Completion

Phase #1

July 31, 2019

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SECTION 5

RFP General Terms and Conditions

SEE SECTION 9 FOR CONTRACT AND STANDARD

GENERAL AND SUPPLEMENTAL CONDITIONS

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SECTION 6

EXECUTION OF

OFFER RFP NO.:

RFP #2019-016

P075-18

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH

RESPONDENT'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS

EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE

PROPOSAL.

SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY

AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS WHICH MAY RESULT FROM

THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE RESPONDENT MAY BE

REMOVED FROM ALL PROPOSER LISTS AT THE EEISD. A FALSE CERTIFICATION SHALL

BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT THE EEISD'S OPTION, MAY

RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.

6.1 By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for

Proposal and is not a contract or an offer to contract; (2) the submission of Proposal by Respondent

in response to this RFP will not create a contract between the EEISD and Respondent; (3) the

EEISD has made no representation or warranty, written or oral, that one or more contracts with

the EEISD will be awarded under this RFP; and (4) Proposer shall bear, as its sole risk and

responsibility, any cost which arises from Respondent's preparation of a response to this RFP.

6.2 By signature hereon, Respondent offers and agrees to furnish to the EEISD the products and/or

services more particularly described in its Proposal, at the pre-set prices and fees quoted in the

proposal, and to comply with all terms, conditions and requirements set forth in the RFP

documents and contained herein.

6.3 By signature hereon, Respondent affirms that he has not given, nor intends to give at any time

hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,

trip, favor or service to a public servant in connection with the submitted Proposal.

6.4 By signature hereon, a corporate Respondent certifies that it, or the individual firms submitting as

a partnership or joint venture, are not currently delinquent in the payment of any Franchise Taxes

due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the

payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not

subject to the Texas Franchise Tax, whichever is applicable.

6.5 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm,

corporation, partnership or institution represented by the Respondent, or anyone acting for such

firm, corporation, or institution has violated the antitrust laws of this state, codified in Section

15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor

communicated directly or indirectly the proposal made to any competitor or any other person

engaged in such line of business.

6.6 By signature hereon, Respondent represents and warrants that:

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A. Respondent is a reputable company regularly engaged in providing products and/or services

necessary to meet the terms, conditions and requirements of the RFP;

B. Respondent has the necessary experience, knowledge, abilities, skills, and resources to

satisfactorily perform the terms, conditions and requirements of the RFP;

C. Respondent is aware of, is fully informed about, and is in full compliance with all applicable

federal, state and local laws, rules, regulations and ordinances;

D. Respondent understands (i) the requirements and specifications set forth in this RFP and (ii)

the terms and conditions set forth in the Contract under which Respondent will be required to

operate;

E. Respondent, if selected by the EEISD, will maintain insurance as required by the Contract;

F. All statements, information and representations prepared and submitted in response to this

RFP are current, complete, true and accurate. Respondent acknowledges that the EEISD will

rely on such statements, information and representations in selecting the Successful

Respondent. If selected by the EEISD as the Successful Respondent, Respondent will notify

the EEISD immediately of any material change in any matters with regard to which Respondent

has made a statement or representation or provided information.

6.7 By signature hereon, Respondent certifies that the individual signing this document and the

documents made part of the RFP is authorized to sign such documents on behalf of the company

and to bind the company under any agreements or other contractual arrangements which may result

from the submission of Respondent’s Proposal.

6.8 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the

Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2.

6.9 By signature hereon, Respondent certifies as follows:

A. “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the

individual or business entity named in this bid or contract is not ineligible to receive the

specified contract and acknowledges that this contract may be terminated and payment

withheld if this certification is inaccurate.”

B. “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each

individual or business entity which is an engineer or architect proposed by Respondent as a

member of its team was selected based on demonstrated competence and qualifications

only.”

6.10 By signature hereon, Respondent certifies that no relationship, whether by relative, business

associate, capital funding agreement or by any other such kinship exist between Respondent and

an employee of EEISD, or Respondent has not been an employee of EEISD within the immediate

twelve (12) months prior to your RFP response. All such disclosures will be subject to

administrative review and approval prior to the EEISD entering into any contract with Respondent.

6.11 By signature hereon, Respondent affirms that no compensation has been received for participation

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in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government

Code).

6.12 Respondent represents and warrants that all articles and services quoted in response to this RFP

meet or exceed the safety standards established and promulgated under the Federal Occupational

Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date

of this solicitation.

6.13 By signature hereon, Respondent signifies his compliance with all federal laws and regulations

pertaining to Equal Employment Opportunities and Affirmative Action.

6.14 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the EEISD, all of

its officers, agents and employees from and against all claims, actions, suits, demands, proceedings,

costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or

omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the

execution or performance of any agreements or other contractual arrangements which may result

from the submission of Respondent’s Proposal.

Please complete the following:

Respondent’s VIN No:

Respondent’s FEI No:

If Sole Owner:

Respondent’s SS No:

If a Corporation:

Respondent’s State of Incorporation:

Respondent’s Charter No:

Please identify each person who owns at least 25% of Respondent’s business entity by name and social

security number:

Name Social Security Number

Name Social Security Number

Name Social Security Number

Name Social Security Number

Submitted and Certified By:

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(Respondent’s Name) (Authorized Signature)

(Date) (Printed Name/Title)

(Telephone Number)

(Street Address) (Facsimile Number)

(City, State, Zip Code)

27 02/113 #255099v1

SECTION 7

PROJECT DESCRIPTION

This is a single-phase project consisting of the two Buildings listed below:

Ybarra Fine Arts Academy Main Building

GENERAL

The Building consists of a one-story building on an approximate 42.65-acre site. The building total

approximately 82,000 square feet.

Ybarra Fine Arts Academy North-West (Red) Building

GENERAL

This Building requires exterior painting of this 18,200 square foot, single story building.

The Scope of Work is defined in Section 1.2

SECTION 8

SELECTION CRITERIA

The EEISD has set forth the following selection criteria and the weighted value for each criterion. Point

calculations will not be less than a full point, and point fractions will not be awarded. The EEISD retains

the right to apply all criteria as appropriate and allowed by the State of Texas Government Code.

The Offeror/Respondent shall provide any information with relevant attachments related to the Selection

Criteria below, along with the submittal documents by the due date for consideration by the EEISD

evaluation committee.

Selection Criteria is as follows:

CRITERIA CATEGORY TOTAL POINTS

A. Respondent’s capacity to perform the CMAR services for the Building Phases 12 points

B. Respondent’s ability to provide CMAR services 5 points

C. Qualifications and experience of the CMAR team members 12 points

D. Respondent’s past performance on representative CMAR or Design Build Projects

(Local or Respondent’s Lead Office)

15 points

E. Respondent’s safety record and ability to manage construction safety risks 10 points

F. Respondent’s ability to establish budgets and control costs on past projects 8 points

G. Respondent’s ability to meet, manage and update schedules on past projects 10 points

Page 28 of 36

H. Respondent’s knowledge of current architectural design and construction

methodologies, technologies, and best practices

8 points

I. Respondent’s ability to timely identify and resolve problems on past projects 5 points

J. Respondent’s quality of references from past customers/clients/design professionals 15 points

TOTAL POINTS 100

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RESPONDENT QUESTIONNAIRE

Respondents are requested to submit a complete response to each of the items below listed. Responses

requiring additional space should be brief and submitted as an attachment to your submittal package. Please

reference each response by its item number indicated below.

Please include the following information in your response:

1. Letter of interest signed by a principal of the firm. At least one copy must be an “Original” with an

original signature (This 2-page letter is not included in the 50 sheets front and back limit). Failure to sign

and return these forms will subject your submittal to disqualification.

A. RESPONDENT'S CAPACITY TO PERFORM THE CMAR SERVICES FOR THE

PROJECTS INCLUDING RESPONDENT’S DEMONSTRATED CAPABILITY AND

FINANCIAL RESOURCES TO PERFORM THE WORK IN THE TIME PROJECTED.

(maximum 2 printed sheets)

1. Legal name of the company:

Address of office which would be providing service:

Number of years in Business: Type of Operation: Individual: Partnership: Corporation:

Government: Number of Employees: Annual Sales Volume: Tax ID number: ______________

2. Provide a statement on the availability and commitment of the respondent, its principal(s)

and construction manager(s) to undertake the CMAR Projects. If a team of companies is

proposed, the lead company should be identified. Identify the proposed team and any other

key contractors. Include your organization’s principal-in-charge for each project and any

other team roles.

3. State that you will provide a copy of your company's financial statements for the past two

(2) years, if requested by the EEISD.

4. If submitting as a partnership or joint venture, describe the benefits to the EEISD in your

proposed partnership/joint venture and each individual entity’s history of being involved

in partnerships/joint ventures on prior projects. List all projects completed by the

submitting partnership/joint venture. If no prior projects have been completed by the

submitting partnership/ joint venture, list projects completed in the last five (5) years by

each individual entity making up the partnership/joint venture and generally describe the

percentage of total work the individual entity was responsible for on each project. Provide

a copy of any partnership or joint venture agreement. Provide a Financial rating of your

company and any documentation, including but not limited to, a Dunn and Bradstreet

analysis which indicates the financial stability of your company.

5. Is your company currently for sale or involved in any transaction to expand or to become

acquired by another business entity? If yes, please explain the impact both in organizational

and directional terms.

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6. Provide a detailed list of all past or pending litigation or claims filed against your company

in the last 5 years.

7. Is your company currently in default on any loan agreement or financing agreement with

any bank, financial institution, or other entity? If yes, specify date(s), details,

circumstances, and prospects for resolution.

8. Does any relationship exist by relative, business associate, capital funding agreement, or

any other such kinship between your firm and any employee, officer or Elected Official of

the EEISD? If so, please explain.

9. What difficulties do you anticipate in serving the EEISD and how do you plan to manage

these? What assistance will you require from the EEISD? Describe your company's service

support philosophy, how is it carried out, and how success in keeping this philosophy is

measured.

10. Provide details regarding any special services or product characteristics, or other benefits

offered, or advantages in the EEISD selecting your company.

11. Respondents are advised that EEISD intends to be highly engaged throughout the Projects.

Provide a statement regarding your willingness or concern regarding EEISD’s participation

as an active member of the Owner/Architect/CMAR team.

B. RESPONDENT'S ABILITY TO PROVIDE CONSTRUCTION MANAGER AT RISK

(CMAR) SERVICES

1. Provide the following information on your firm for the past three (3) fiscal years:

a. Volume - Annual number, value and percent of change in the number of contracts

in Texas per year;

b. Revenues - Annual revenue totals and percent of change per year;

2. Provide a statement regarding your firm’s:

a. Total bonding capacity;

b. Available bonding capacity and current project(s) backlog;

3. Attach a letter of intent from a surety company indicating your firm's ability to bond for

the entire anticipated construction cost of the projects. The surety shall acknowledge that

the firm may be bonded for each stage/phase of the CMAR Project, with a potential

maximum construction cost of equal to the CCL. Due to the size and nature of these

Projects, both payment and performance bonds are required under State Law.

C. QUALIFICATIONS AND EXPERIENCE OF THE CONSTRUCTION MANAGER AT

RISK (CMAR) TEAM MEMBERS

1. Describe organization with clear lines of authority and communications.

2. Include an organizational chart for the management team proposed for all Projects.

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Include, at minimum, the name of the principal-in-charge for the Company as well as the

following staff: Proposed Project Manager (Primary decision maker), Project

Superintendent, and Safety Manager. Describe the proposed Project assignments and lines

of authority and Communication for each team member to be directly involved in the

Projects. Indicate the estimated percent of time these team members will be involved in the

Projects for both Pre-construction and Construction Services. Affirm that the individuals

identified will be committed for the entire duration of the Projects. Staffing strength is very

important to the EEISD. Any changes to the staff listed in this RFP, without the prior

approval of the EEISD, may be grounds for termination prior to the construction phase

services.

4. List total number of firm’s personnel, for the applicant office location, by skill group (e.g.

Project managers, estimators, project engineers, superintendents, etc.).

5. Name all key personnel who will be part of the construction management team for the

projects and provide their cities of residence. Provide summary resumes for proposed

project team members, including their specific experiences with South Texas projects, and

number of years with your company. Describe in detail the experience and expertise of

each team member. (Note: Key personnel must be committed to the projects for their

duration unless excused by the Owner.)

6. For each project listed below in response to this Section 8, list the members of the

proposed Team for this project who worked on each listed project and describe their roles

in those projects.

7. If the team as a whole provided construction management services for any of the projects

listed below in response to this Section 8, so indicate.

8. Applicant’s Consultants: Name any consultants which are included as part of the proposed

team along with the construction discipline they will be performing.

Describe each consultant’s proposed role in the projects and its related experience. List

projects on which your firm has worked with the consultant.

D. RESPONDENT'S PAST PERFORMANCE ON REPRESENTATIVE CMAR OR

DESIGN/BUILD PROJECTS (Local Office Only)

1. Identify and describe the proposed Team's past experience providing CMAR and/or

Design-Build Services within the last five (5) years. It is acceptable to use CMAR Project

information completed by the Proposed Management Team key members (reference

Criteria C.2 previous) while under the employ of another Company if the Responder has

not performed CMAR projects, does not meet the requested number of projects (three (3)

requested), or if the Responder prefers to use representative projects of its key members.

Responder shall clearly note any of the projects that were completed by key team members,

while not in the employ of the Company. If no CMAR projects have been performed by

your firm, Design-Build Projects may also be substituted, providing that "Design Build" is

prominently noted on each relevant page. Select and present only the three (3) most

relevant projects within the South Texas region performed by your local office with similar

size and scope, with the most relevant project listed first. Using no more than two sheets

per project, provide the following information for each project listed:

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a. Project name, location, contract delivery method, and description

b. Color images (photographic or machine reproductions)

c. Final construction cost

d. Final project size in gross square feet

e. Type of construction (new, renovation, or expansion)

f. Actual Date of Notice to Proceed for Pre-Construction Services

g. Actual Date of Notice to Proceed, Substantial Completion, and Final

Payment dates for Construction Services

h. Name of Project Manager (individual responsible to the project Owner for

the overall success of the project)

i. Name of Project Superintendent (individual responsible for coordinating

the day to day work)

j. Names of Mechanical, Plumbing, Civil and Electrical subcontractors

k. Names of any Architectural, Engineering and Technical consultants to

your firm.

l. Indicate if any Team Members (listed in Section C above in this RFP)

worked on project and what their role was.

m. References (for each project listed above, identify the following):

i. Owner's name

ii. Owner's Representative who served as the day-to-day liaison

during final design and construction

iii. Telephone number

iv. Current email address.

References shall be considered relevant based on specific project

participation and experience with the Respondent. The Owner may contact

references during any part of this EEISD CMAR process. The Owner

reserves the right to contact any other references at any time during the

RFP process. Failure to submit references may result in the Respondent's

ineligibility to participate in the final Proposal Process.

2. Identify and describe the proposed Team's past experience providing Contractor Services

for similar South Texas region projects within the last five (5) years. Select and present

only the three most relevant projects, with the most relevant project listed first. Provide the

same information and reference information as requested in section D.1 above for each

project listed.

E. RESPONDENT’S SAFETY RECORD AND ABILITY TO MANAGE CONSTRUCTION

SAFETY RISKS

1. Briefly describe the firm's approach for anticipating, recognizing and controlling safety

risks and note the safety resources that the firm provides for each project’s Safety Program.

2. Describe the level of importance for Enforcement and Support of Project Safety that the

firm includes in performance evaluations for Superintendents and Project Managers.

3. Provide your company’s safety Experience Modifier Rate (EMR), Recordable Incident

Rate (RIR) and your Loss Indicator Rate (LIR).

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4. Describe any fatalities or Lost Workday Injuries which occurred on work sites for which

your firm provided either General Contractor or Sub-Contractor services within the past

five (5) years.

F. RESPONDENT'S ABILITY TO ESTABLISH BUDGETS AND CONTROL COSTS ON

PAST PROJECTS

1. Describe your cost estimating methods. From any one (1) of the projects listed in response

to Section D of this RFP, describe how the estimates were developed, how often they were

updated and the degree of accuracy achieved.

2. Describe your cost control methods during construction and how you procure subcontracts,

confirm scope, amount, and ensure proper payment. From any of the projects listed in

response to Section D of this RFP, provide examples of how these techniques were used

and the degree of accuracy achieved.

3. Provide a sample of a cost estimate used to establish a contract amount from any project

listed in Section D of this RFP.

G. RESPONDENT'S ABILITY TO MEET SCHEDULES ON PAST PROJECTS

1. Describe how you will develop, maintain and update the “As-Planned” versus “As-Built”

Project schedules during final design and construction to coordinate with the Owner's

Project schedule. Specifically show how you will facilitate the design schedules. From any

of the projects listed in response to Section D of this RFP, provide examples of how these

techniques were used.

2. Describe how you develop and maintain updated work schedules during final design and

construction to coordinate with the Owner's Project schedule. From any of the projects

listed in response to Section D of this RFP, provide examples of how these techniques

were used. Include specific examples of scheduling challenges, and how your firm helped

solve them.

3. In addition, EEISD is considering allowing CMAR to begin construction on certain vertical

building items prior to Project reaching 100% design. Please discuss your willingness

and/or ability to satisfy this potential EEISD schedule decision.

H. RESPONDENT'S KNOWLEDGE OF CURRENT ARCHITECTURAL DESIGN AND

CONSTRUCTION METHODOLOGIES, TECHNOLOGIES AND BEST PRACTICES

1. Describe your firm's knowledge and implementation of current architectural design and

construction methodologies, technologies, and best practices. Give actual examples from

prior projects.

2. Describe your firm’s procedures, resources, and objectives for reviewing design and

construction documents and for providing feedback regarding cost, schedule and

constructability to the Engineer/Architect/Owner.

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3. Describe your firm’s Bid/Proposal Package Strategy for completing Construction

Documents and for procuring work from Subcontractors, vendors, suppliers, etc. Describe

your approach to detailing the Scope of Work in the information to subcontractor bidders

and how you think these affect the quality of subcontractor bid responses.

4. Describe your company's quality assurance program, what are your company’s

requirements, and how are they measured? In particular, describe the way your firm

maintains quality control during the pre-construction and construction phases. For three (3)

of the projects listed in response to this Section 8, provide specific examples of how these

techniques were used.

5. Describe your cost control methods for the preconstruction and construction phases. How

do you develop cost estimates and how often are they updated? For three (3) of the projects

listed in response to this Section 8, provide examples of how these techniques were used

and what degree of accuracy was achieved. Include examples of a successful

constructability program used to maintain project budgets without sacrificing quality.

6. Describe how you have maintained on-site security during the construction of a project

listed in Section D of this RFP.

7. Provide any other details regarding special services, products, advantages or other benefits

offered to the Owner by the Respondent.

8. Describe your experience with implementing energy conservation measures and

compliance with State of Texas Energy Code compliance requirements in order to achieve

energy cost savings.

9. Describe your firm's process to facilitate shop-drawing submittal and RFI reviews, speed

communications between all stakeholders, and provide a historical project archive at

construction completion.

I. RESPONDENT'S ABILITY TO IDENTIFY AND RESOLVE PROBLEMS ON PAST

PROJECTS

1. Describe your understanding of the administrative challenges and opportunities associated

with providing Preconstruction and Construction services for EEISD on this Project, and

your strategy for adding value or resolving any disputed issues.

2. Describe your plan for communicating constructability, phasing, value engineering and

other budget options in a form that will quickly facilitate the Architect and Owner's

decision making.

3. Describe any litigation or arbitration between a prior owner and/or architect and/or

engineer and/or any Sub-Contractor involving any project you have participated in within

the past five (5) years.

J. RESPONDENT’S QUALITY OF REFERENCES FROM PAST CUSTOMERS/

CLIENTS/DESIGN PROFESSIONALS (PROVIDE THREE (3) FROM EACH

PERFORMED BY LOCAL OFFICE OR BRANCH).

35

1. Provide a Customer reference list of no less than three (3) organizations with whom

Respondent currently has contracts with and/or has previously provided of equal type

scope within the past three (3) years.

Reference list to include, company name, contact person, and telephone number, email

address, project description, length of business relationship and background of project

(year of project, summary of work performed, etc.).

2. Provide a Design Professional reference list (Architects and/or Engineers) of no less than

three (3) organizations with whom Respondent currently has contracts with and/or has

previously provided of equal type and scope within the past three (3) years. Reference list

to include, company name, contact person, and telephone number, email address, project

description, length of business relationship and background of project (year of project,

summary of work performed, etc.).

3. For every project in the last five (5) years for which you provided construction services of

at least $5,000,000.00, please provide the last known contact information for the owner

and architect/engineer of record. Please include the company name, contact person, and

telephone number, project named and one sentence project description.

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SECTION 9

SAMPLE CONTRACT & GENERAL CONDITIONS OF AGREEMENT