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REQUEST FOR PROPOSALCONSTRUCTION MANAGER-AT-RISK – GROUP 1

RELATED TO THECONSTRUCTION OF ALLEN INDEPENDENT SCHOOL DISTRICT

CAPITAL IMPROVEMENT PROJECT -GROUP 1

RFP No. 2016-N11-05Issued

November 19, 2015

A Pre-Proposal Conference is scheduled for3:30 p.m. CDST, November 30, 2015Allen ISD Administration Building

First Floor Conference Room612 E. Bethany Dr.

Allen, TX 75002

Submittals will be accepted by mail or hand delivery no later than2:00 p.m. CDST, December 10, 2015, to:

Debbie Nye, Purchasing Director612 E. Bethany Dr.

Allen, TX 75002

Offerors must submit their proposals, the signature page, and all additional documents. It is requested that offerors provide one (1) original and four (4) hard copies of all documents in a sealed envelope and manually signed in ink by a person having the authority to submit firm’s information, as well as one (1) electronic copy in PDF format on CD, DVD or USB (PDF copy must have signature included).

Allen ISD is always conscious and extremely appreciative of your time and effort in the preparing of this information. Requests for information/ clarification should be directed in writing by email to:

Debbie Nye, Purchasing Director612 E. Bethany Dr.

Allen, TX [email protected]

Table of Contents

1. Solicitation Notice.................................................................................................................................... 3

2. Solicitation Timeline................................................................................................................................ 4

3. Proposal Evaluation Process.................................................................................................................. 4

4. Evaluation Criteria.................................................................................................................................... 5

5. Pre-Proposal Conference......................................................................................................................... 5

6. Scope of Work and Proposed Construction Schedule...........................................................................6

7. Form of Contract...................................................................................................................................... 7

8. Anti-Lobbying........................................................................................................................................... 7

9. Information to be Provided by Offerors..................................................................................................7

9.4 Architect of Record. The Architect of Record for all the projects included in the Construction Manager-at-Risk package will be STB Architects & Planners, Inc., Dallas, Texas..................................7

ATTACHMENT # 1............................................................................................................................................ 8

ATTACHMENT # 2......................................................................................................................................... 11

SCHEDULE “A”.............................................................................................................................................. 16

SCHEDULE “B”............................................................................................................................................. 17

VENDOR DEVIATION/COMPLIANCE FORM................................................................................................19

FELONY CONVICTION NOTICE....................................................................................................................20

CERTIFICATE OF RESIDENCY.....................................................................................................................21

DEBARMENT – SUSPENSION NOTICE.......................................................................................................22

CONFLICT OF INTEREST QUESTIONNAIRE...............................................................................................24

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ALLEN INDEPENDENT SCHOOL DISTRICT REQUEST FOR PROPOSALFOR CONSTRUCTION MANAGER-AT-RISK SERVICES

1. Solicitation Notice

Pursuant to the provisions of Texas Government Code Section 2269.253, it is the intention of the Allen Independent School District (the “District” or “Owner”) to select via the one-step Request for Proposal process a Construction Manager-at-Risk for the construction of the projects described herein. Persons or entities submitting proposals (“Proposals” or “Offers”) are referred to herein as “Offeror(s)”.

1.1.RECIPIENT OF PROPOSALS:Proposals will be received at Allen Independent School District by the following District representative:

Debbie Nye, CPPO, CPPBDirector of Materials Management Allen Independent School District612 E. Bethany Dr.Allen, TX [email protected]

1.2.POINT OF CONTACT FOR QUESTIONS/REQUESTS FOR CLARIFICATION:Unless otherwise indicated, any communication regarding this solicitation, including requests for clarification, must be directed via e-mail only to the District representative referenced above.

1.3.SUBMISSION OF PROPOSALS:

1.3.1. Proposals: Proposal envelopes must be addressed to the District’s point of contact referenced in Section 1.1 above and plainly marked on the outside with the Offeror’s name and address and the following:

CONSTRUCTION MANAGER-AT-RISKGROUP 1

RFP NO. 2016-N11-05DUE 2:00 P.M.

THURSDAY, DECEMBER 10, 2015

1.4.DEADLINE FOR RECEIPT OF PROPOSALS: Proposals shall be received by the District on or before 2:00 p.m. (CST), Thursday, December 10, 2015.

1.5.LATE PROPOSALS NOT ACCEPTED: No proposal, under any circumstances, shall be acceptable after the date and time set forth in this solicitation or any related addendum. Any proposal received after the published deadline will not be considered.

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mailto:[email protected]

1.6.BID OPENING: Following the deadline for receipt of proposals, the District's staff will publicly open and read aloud the names of the Offerors and all fees and prices stated in the proposals.

2. Solicitation Timeline

The timeline for the solicitation process associated with this Request for Proposals is outlined below, as currently planned by the District. The District reserves the right to make any changes as may be required and will notify all participants accordingly.

First Advertisement...........................................................Thursday, November 19, 2015

Second Advertisement ......................................................Thursday, November 26, 2015

Pre-Proposal Conference ...................................Monday, November 30, 2015, 3:30 PM

Interpretation/Questions Deadline………………….…….…….December 4, 2015, 2:00 PM

Issue Addendum………………………………….….…..………Monday, December 7, 2015

Deadline to Submit Proposals........................... Thursday, December 10, 2015, 2:00 PM

Interviews, if necessary………………………….....................Week of December 14th, 2015

District Closed for Winter Break……….……....….December 21, 2015 - January 1, 2016

Board Approval...................................................................... Monday, January 18, 2016

3. Proposal Evaluation Process

3.1.Within forty-five (45) days following the date of the opening, the Selection Committee will evaluate and rank each proposal submitted in relation to the selection criteria set forth herein. The District may also request additional information from the Offerors at any time prior to final ranking of Offerors. The District may select all, some or none of the Offerors for interviews by the Selection Committee. The interview, if any, will not be scored separately from the proposal, but may result in an adjustment in score. A recommendation will be made to the Board of Trustees as to the ranking of the proposals.

3.2.Following the Committee’s ranking of the Offerors based on the published selection criteria, and recommendation to the Board of Trustees, the District will attempt to negotiate an agreement with the highest ranked Offeror. If the District is unable to negotiate an agreement with the selected Offeror, the District shall, formally and in writing, end negotiations with that Offeror and begin the negotiation process with the next ranked Offeror in the order of selection ranking until a contract is reached or negotiations with all ranked Offerors end.

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4. Evaluation Criteria Pursuant to the Texas Government Code Section 2269.254, the District will rank the proposals based on the following criteria and relative weights:

WEIGHT CRITERIA

30% The Construction Manager’s Fee and General Conditions.

25% The reputation and experience of the Offeror and their services with similar school projects as a Construction Manager.

25% The experience and reputation of the Construction Manager’s project team that would be assigned.

10% The Construction Manager’s financial capacity appropriate to the size and scope of the project and relative to all projects currently under contract.

10% Safety Record. Provide information regarding your Employee Modifier Rate (EMR) or OSHA incident rate.

All responses in your proposal may be used to rank construction managers based on the criteria. The District reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the District without regard to whether such information appears in your proposal.

By submitting a proposal, each Offeror agrees to waive any claim it has or may have against the District, the Architect/Engineer, and their respective trustees, agents and employees, and any reference sources, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the proposal documents; acceptance or rejection of any proposal; and award of a contract. All costs related to the preparation and submission of a proposal shall be the responsibility of the Offeror.

The District shall have no contractual obligation to any Offeror, nor will any Offeror have any property interest or other right in the contract or work being proposed unless and until the contract is unconditionally executed and delivered by all parties.

5. Pre-Proposal Conference

A Pre-Proposal Conference will be held on Monday, November 30, 2015, at 3:30 p.m. at the Allen ISD Administration Building, 612 E. Bethany Dr., Allen, TX 75002.

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6. Scope of Work and Proposed Construction Schedule

Offerors shall consider the work of the following nine (9) projects (Project ‘1’ through Project ‘9’) when submitting a Proposal.

6.1.PROJECT ‘1’ – Elementary School #18 Construction

Scope of Work; Budget. The proposed Project consists of construction of a new elementary school #18 in northwest Allen. Approximate square footage: 119,000. Completion date: July 31, 2017. The approximate construction cost for this project is $19,000,000.

6.2.PROJECT ‘2’ – Vaughan Elementary School Renovations

Scope of Work; Budget. The proposed Project consists of renovations to the existing Vaughan Elementary School. Approximate square footage: 91,000. Completion date: August 8, 2016. The approximate construction cost for this project is $7,500,000.

6.3.PROJECT ‘3’ – Bolin Elementary School Renovations

Scope of Work; Budget. The proposed Project consists of renovations to the existing Bolin Elementary School. Approximate square footage: 95,500. Completion date: August 7, 2017. The approximate construction cost for this project is $8,000,000.

6.4.PROJECT ‘4’ – Kerr Elementary School Renovations

Scope of Work; Budget. The proposed Project consists of renovations to the existing Kerr Elementary School. Approximate square footage: 95,500. Completion date: August 6, 2018. The approximate construction cost for this project is $8,500,000.

6.5.PROJECT ‘5’ – Marion Elementary School Renovations

Scope of Work; Budget. The proposed Project consists of renovations to the existing Marion Elementary School. Approximate square footage: 102,000. Completion date: August 5, 2019. The approximate construction cost for this project is $9,000,000.

6.6.PROJECT ‘6’ – Ereckson Middle School Stadium Construction

Scope of Work; Budget. The proposed Project consists of construction of stadium field, seating and lighting at the existing Ereckson Middle School. Approximate square footage: 2,000. Completion date: July 31, 2018. The approximate construction cost for this project is $2,700,000.

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7. Form of Contract

The contract between the District and the Construction Manager shall be the Standard Form of Agreement between Owner and Construction Manager as Contractor Where the Basis of Payment is the Cost of the Work plus a Fee with a “Guaranteed Maximum Price”, the most recent AIA Document A133-2009, as amended by the District for this Project (“Agreement”). The General Conditions shall be the General Conditions of the Contract for Construction, AIA Document A201-2007, as amended by the District for this project. In the event that a project is awarded to an Offeror and the Offeror requests changes to the District Standard Agreement form, the District reserves the right to cancel the award and re-award the project to an alternate Offeror.

8. Anti-Lobbying

The Offerors, or any agent or representative of Offerors, shall not undertake any activities or actions to promote or advertise their qualifications or Proposal to any member of the District’s Board of Trustees, the District’s Administration or their respective staff persons, except as specifically requested in writing by the District, at any time between the date of submission of the RFP and the date of award of an Agreement by the District’s Board of Trustees. This restriction extends to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or proposal submitted by the Offerors.

9. Information to be Provided by Offerors Offerors participating in this Request for Proposals must include the following information and required documents within their Proposal:

9.1.Offeror Statement of Qualifications & Experience (per the information requested in “Attachment #1”). All information to be provided in the sequence and format prescribed in Attachment #1.

9.2.Offeror Proposal Response Form (Offerors to complete “Attachment #2”).

9.3.Miscellaneous Required Documents. Offerors must complete and include the following required documents with their Proposal:

9.3.1. Vendor Deviations/Compliance Form (attached to this solicitation).9.3.2. Felony Conviction Notice (attached to this solicitation).9.3.3. Certificate of Residency (attached to this solicitation).9.3.4. Debarment – Suspension Notice (attached to this solicitation).9.3.5. Conflict of Interest Questionnaire - Form CIQ (attached to this

solicitation).

9.4.Architect of Record. The Architect of Record for all the projects included in the Construction Manager-at-Risk package will be STB Architects & Planners, Inc., Dallas,

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Texas.

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ATTACHMENT # 1OFFEROR’S STATEMENT OF QUALIFICATIONS & EXPERIENCE

INSTRUCTIONS: Offerors submitting a Proposal must provide the following information about their organization. All information to be provided in the sequence and format prescribed herein.

A. Offeror Information

1. Name of Firm2. Business Address3. Telephone Number4. Fax Number5. Type of Organization (Individual, Partnership, Corporation, Association)6. Number of Permanent Employees. (Employees hired for the duration of a specific

project or under a fixed-term contract are not considered permanent employees for purposes of this proposal).i. Home Officeii. Field

7. Primary Contact Person for District inquiries.8. Main Office Location (if different than above).9. Describe any substantial changes in ownership of your firm during the past five

years.10. How many years has your firm operated under its current form of business

organization?11.List all professional or industry organizations in which your firm or its principals are

members.12. In order to assist the District in determining whether there exist any conflicts of

interest, please describe any business or family relationships between any member of the District Board of Trustees and:i. your firm;ii. any principal of your firm;iii. any subcontractor you are considering using to perform any portion of the

project work; or,iv. any principal of such subcontractor.

B. Personnel Information

Provide brief resumes (2-page limit) for the persons listed below:

1. Principals/Corporate Officers:i. Presidentii. Vice Presidentiii. Partners

2. Project Management Candidatesi. Project Managerii. Job Site Superintendent

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For the Project Manager and Job Site Superintendent candidates, please list up to three persons you consider qualified for each project. Please also provide a list of the principal duties and responsibilities you anticipate assigning to the Project Manager and to the Job Site Superintendent. Provide a list of projects for each candidate where they performed these duties.

The Offeror agrees to employ the Project Manager and Job Site Superintendent for the entire duration of the Work at the positions indicated, and agrees not to remove them from the Work nor replace them with others except as otherwise allowed in the Contract Documents or approved in writing by the Owner through completion of punch list.

C. School Projects

List all new and renovation school projects your firm has completed within the past ten (10) years. Also indicate which projects you were designated as the Construction Manager-at-Risk. For each project list:

1. Project Owner2. Brief description of the project3. Client, client contact person, and telephone number4. Date construction completed5. Managing Principal6. Project Architect or Engineer7. Job Site Superintendent8. Assistant Job Site Superintendent9. Project Manager10.Chief Estimator11.Original contract amount12.Final contract amount13.Number of change orders

D. Organization

1. Describe the most common problem or challenge which you have encountered in school construction and your method for addressing the issue. (Maximum 2 pages).

2. Describe your firm's concepts for working in a team relationship with the Owner and the Architect during the design and construction of major projects. (Maximum 2 pages).

3. Explain in detail how your firm will handle warranty issues.4. List the classifications of work or trades which you anticipate performing with in-

house forces.

E. Claims and Litigation

1. Identify any claims or suits, if any, brought against your firm within the last ten (10) years.

2. Describe all instances in which your firm was unable to complete the work under

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a contract.3. Identify any judgments, claims arbitration proceedings or suits pending or

outstanding against your firm or its officers.4. Identify any lawsuits filed or arbitration requested by your firm with respect to

construction contracts of your firm.5. Identify projects where remedial work was completed either during or after the

project was completed. Explain why remedial work was required. List approximate cost of the remedial work.

F. Current Work Load

Provide the following information for all projects you currently have under contract:

1. Project name2. Location3. Owner4. Architect5. Current contract amount6. Percent complete7. Specified contract completion date

G. Financial Information

1. Total amount of work performed as general contractor for each of the past ten (10) years.

2. Bonding capacityi. Per projectii. Aggregate

3. Bank reference(s)i. Individual, Titleii. Name of Bankiii. Addressiv. Telephone

4. Bonding Company reference(s)i. Individual, Titleii. Name of Bankiii. Addressiv. Telephone

5. Dunn & Bradstreet rating, if available, or latest financial report.

H. Safety Record

Provide information regarding your OSHA rating and/or Employee Modifier Rate (EMR).

I. Insurance Coverage

Provide proof of insurance coverage (or a statement certifying your ability to meet the required insurance limits), confirming your ability to meet the required insurance

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limits, as displayed in Schedule B (“Insurance Coverage Requirements”) referenced within this solicitation.

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ATTACHMENT # 2 PROPOSAL RESPONSE FORM

Company Name: _________________________________________________________

Address: __________________________________________________________

Phone: __________________________________________________________

Fax: __________________________________________________________

Having examined the Request for Proposal, the following is a breakdown of all proposed fees and costs.

A. PROJECT 1 – Elementary School #18 Construction

1. FEE PROPOSAL - For overhead and profit, list your proposed fee as a percentage of the cost of the work or a fixed cost.

______________________________(Percentage or amount in figures)

2. GENERAL CONDITIONS - For all General Conditions, list your proposed cost as a percentage of the cost of the work or a fixed cost. Refer to Schedule “A” for all required items to be included in the General Conditions cost.


3. PRE-CONSTRUCTION SERVICES NOT-TO-EXCEED COST - All costs for pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis are included in the FEE, item 1 above. However, if the construction phase does not commence for any reason, payment to the Construction Manager for preconstruction services shall be the necessary and reasonable cost of such services, not to exceed the lump sum of:

Dollars $_____________________________________________________(Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”

4. PERFORMANCE BOND ___________________

5. PAYMENT BOND ___________________

B. PROJECT 2 – Vaughan Elementary School Renovations



2. GENERAL CONDITIONS - For all General Conditions, list your proposed 13

cost as a percentage of the cost of the work or a fixed cost. Refer to Schedule “A” for all required items to be included in the General Conditions cost.



Dollars $__________________________________________________________________ (Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”

4. PERFORMANCE BOND $__________________

5. PAYMENT BOND $__________________

C. PROJECT 3 – Bolin Elementary School Renovations






Dollars $_____________________________________________________ (Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”


5. PAYMENT BOND $__________________

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D. PROJECT 4 – Kerr Elementary School Renovations





3. PRE-CONSTRUCTION SERVICES NOT-TO-EXCEED COST - All costs for pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis are included in the FEE, item 1 above. However, if the construction phase does not commence for any reason, payment to the Construction Manager for preconstruction services shall be the necessary and reasonable cost of such services, not to exceed the lump sum of:Dollars $_________________________________________________________________ (Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”


5. PAYMENT BOND $__________________

E. PROJECT 5 – Marion Elementary School Renovations





3. PRE-CONSTRUCTION SERVICES NOT-TO-EXCEED COST - All costs for pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis are included in the FEE, item 1 above. However, if the construction phase does not commence for any reason, payment to the Construction Manager for preconstruction services shall be the necessary and reasonable cost of such services, not to exceed the lump sum of:Dollars $_________________________________________________________________

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(Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”


5. PAYMENT BOND $__________________

F. PROJECT 6 – Ereckson Middle School Stadium Construction





3. PRE-CONSTRUCTION SERVICES NOT-TO-EXCEED COST - All costs for pre-construction phase services including cost estimating, scheduling, building systems and material cost analysis are included in the FEE, item 1 above. However, if the construction phase does not commence for any reason, payment to the Construction Manager for preconstruction services shall be the necessary and reasonable cost of such services, not to exceed the lump sum of:Dollars $______________________________________________________

(Amount in figures) If the amount is “zero”, enter “0”; do not enter “no bid”


5. PAYMENT BOND $__________________

G. ADDENDA

Undersigned acknowledges receipt of Addenda Number(s): _________________________

H. REPRESENTATIONS

By execution and submission of this Proposal, the Offeror hereby agrees, represents and warrants to the Owner as follows:

1. Offeror will hold Proposal open for acceptance for ninety (90) days.

2. Offeror accepts the Owner's right to reject any or all Proposals, to waive formalities and to accept the Proposal which the Owner considers most advantageous.

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3. By signing this Proposal Form, the undersigned on behalf of the Offeror affirms that, to the best of his knowledge, the information concerning this Proposal has been arrived at independently and is being submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other respondents in the award of this Proposal.

4. All contingencies and savings shall be returned one hundred percent (100%) to the Owner.

5. Offeror has read and understands the Proposal Documents and the Contract Documents, and this Proposal is made in accordance with the Proposal Documents.

6. Offeror has carefully inspected the Project sites, and that from the Offeror’s own investigation, the Offeror has satisfied itself as to the nature and location of the Work within the scope of the Project and the character, quality, quantities, materials and difficulties to be encountered; the kind and extent of equipment and other facilities needed for the performance of the Work; the general and local conditions and other items which may in any way affect the Work or its performance; and the Offeror has correlated the Offeror’s site observations with the requirements of the Contract Documents. The Offeror understands and accepts the difficulties and costs associated with the Work and the Project sites and the potential delays, disruptions in work and costs associated therewith and has included such considerations in its construction schedule and the Proposal amount.

7. All information submitted by the Offeror to the Owner in response to this Request for Proposals is true and correct. The District, or any authorized representative of the District, is authorized by the undersigned to contact any firm, institution, or person to obtain information about our firm's services, financial condition, and any other information which the District might determine as being desirable.

8. To the fullest extent permitted by applicable law, the Offeror waives any claim it has or may have against the Owner, the Architect, and their respective trustees, officers, shareholders, directors, partners, agents, contractors, consultants and employees arising out of or in connection with the administration, evaluation or recommendation of any offers; waiver of any requirements under the Proposal Documents or the Contract Documents; acceptance or rejection of any proposals; and the award of a Contract.

9. The Project will be undertaken in accordance with the applicable provisions of Chapter 2269, Subchapter F of the Texas Government Code.

By: _________________________________ _______________________________

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(Signature) (Title)

_________________________________ _______________________________(Printed Name) (Date)

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SCHEDULE “A” GENERAL CONDITIONS

Please check each item that is included in your general conditions and associated cost included in the Construction Services Fee. Use either a numerical cost or percentage value. Please be consistent with the numerical or percentage format used in Attachment 2. All percentages should add up to 100% or numerical costs should add up to proposal total from Attachment 2. If the answer is no to any of these items, please provide explanation.

Cost or % Cost or %

Temporary Services Project Administration & Supervision

Scheduling – Project Controls __________ Job Site Superintendent (100% at site) __________

Office Supplies __________ Assistant Job Site Supt. (100% at site) __________

Postage and Courier Service __________ Project Administrator/Manager ^ __________

Progress Photos __________ Assistant Project Manager (100% at site) __________

Copy, Fax, Internet Services __________ Procurement/Contract Administrator __________

Travel Expenses __________ Procurement/Contract Secretary __________

Pick-Up Trucks __________ Project Accountant __________

Fuel and Maintenance __________ Field Office Clerk __________

Level/Transit __________ Office Engineers – as needed __________

Ice, Cups, Water and Coffee __________ GMP Bid Team __________

Printing, Scanning, Plotting __________ Field Engineering Supplies __________

Temporary Structures and Safety Two-Way Radios __________

Project Office __________ Period Clean-Up Labor __________

Project Computers __________ Trash Dumpsters and Haul Service* __________

Telephones/Cell Phones/Fax __________ Cleaning Supplies __________

Daily Clean-Up __________ Final Clean-Up Labor __________

Temporary Toilets __________ Power Consumption ** __________

Fences and Barricades __________ Water Consumption** __________

Job Signs __________ Climate Protection __________

Safety Supervisor/Training __________ Pumps, Hoses __________

Safety Equipment/Hats __________ Monthly Phones and Internet __________

Security Cameras __________ Job Storage __________

Fire Protection __________ Plan Posting Costs __________

First Aid Supplies __________ Temporary Fire Extinguishers __________

Office Clean-Up __________ Project Advertisement __________

Insurance, Bonds and Fees AGC Fees __________

100% Payment and Performance Bonds __________ Miscellaneous Small Tools __________

All required Insurance __________

Permit Fees Provided by Owner

Material Testing & Inspection (as Required by Project Manual) Provided by Owner

^ Included projected % of time for the entire project.* If a dumpster is for more than one subcontractor, the cost of the dumpster shall be included in the General Conditions.** If the project is a renovation the CMAR will have access to existing District provided utilities during renovation construction.

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SCHEDULE “B”INSURANCE COVERAGE REQUIREMENTS

A. Comprehensive General Liability Minimum LimitsPersonal & Adv. Injury $1,000,000/occurrenceProducts & Completed Operations $2,000,000/aggregateGeneral Aggregate $2,000,000

Or

$2,000,000 combined single limit for BI & PDCoverage shall include:

1. Premises – Operations;2. Contractor's Protective Liability (if any work sublet);3. Contractual Liability to cover indemnity agreement of "Hold Harmless"

clause in contract;4. Property Damage Liability insurance shall include coverage for damage to

completed or partially completed work.5. Personal Injury Liability in a minimum limit of $1,000,000 with

employment exclusion deleted;6. Broad Form C G L Endorsement shall be included;7. Waiver of Subrogation Endorsement shall be included in favor of Allen

Independent School District/Agents;8. Thirty day notice of cancellation or material change endorsement in favor

of Allen Independent School District/Agents.9. The Owner to be named as additional insured on Contractor's policy.

B. Comprehensive Automobile Liability Minimum LimitsBodily Injury $500,000/person

$1,000,000/occurrenceProperty Damage $1,000,000/occurrence

Or

$1,000,000 combined single limit for BI & PH. Coverage Shall Include:

1. All owned, hired and non-owned autos of the Contractor;2. Waiver of subrogation Endorsement in favor of Allen Independent School

District/Agents;3. Thirty day notice of cancellation of material change endorsement in favor

of Allen Independent School District/Agents;4. Allen Independent School District/Agents to be named as additional

insured on Contractor's policy.

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C. Professional Liability Minimum Limits$5,000,000/occurrence$5,000,000/aggregate

Coverage Shall Include:

1. Waiver of Subrogation Endorsementin favor of the Allen Independent School District/Agents;

2. Thirty day notice of cancellation or material change endorsement in favor of the Allen Independent School District/Agents;

D. Umbrella Liability Minimum Limits$5,000,000/occurrence$5,000,000/aggregate


1. Waiver of Subrogation Endorsement in favor of the Allen Independent School District/Agents;


E. Builder’s Risk Minimum LimitsFull Contract Value


1. Waiver of Subrogation Endorsement in favor of the Allen Independent School District/Agents;


3. The Allen Independent School District/Agents to be named as additional insured on Contractor's policy.

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VENDOR DEVIATION/COMPLIANCE FORM

Allen ISD RFP #2016-N11-05

Construction Manager-at-Risk – Group 1

If the undersigned Offeror intends to deviate from the contract terms and conditions provided as part of this solicitation, all such deviations shall be listed on this page, with complete detailed conditions and information included or attached. The District will consider any deviations in its award decisions, and the District reserves the right to accept or reject any proposal 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 Allen ISD’s contract terms and conditions provided or referenced in this solicitation.

Please list deviations below (attach additional sheets, if needed):________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

By signing below, I certify that the proposal I am submitting □ does □ does not (check one box) deviate from the contract terms and conditions or requirements disclosed in the Solicitation. If deviating from any such terms, conditions, or requirements, all such deviations are listed on this page, with complete detailed conditions and information included or attached. Any attachments to this form are identified as continuation of the deviations to this Solicitation.

____________________________________________ ____________________________________________ _________________Printed Name Signature Date

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THIS PAGE MUST BE RETURNED WITH YOUR PROPOSAL

FELONY CONVICTION NOTICE

Allen Independent School DistrictPurchasing Department

612 E. Bethany Dr., Allen, TX 75002

Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code §44.034. Following is an example of a felony conviction notice:

FELONY CONVICTION NOTIFICATION

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

VENDOR’S NAME:

AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED):

A. My firm is a publicly-held corporation; therefore, this reporting requirement is not applicable.

Signature of Company Official:

B. My firm is not owned nor operated by anyone who has been convicted of a felony:


C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony:

Name of Felon(s):

Details of Conviction(s): ___________________________________________________________

______________________________________________________________________________


T H I S PA G E M US T B E R E T U R NE D WIT H Y O U R PR O P O S A L

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State of Texas Legislative Senate

Bill No. 1, Section §44.034, Notification of Criminal History, Subsection

(a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.”

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

CERTIFICATE OF RESIDENCY

VENDOR COMPLIANCE TO STATE LAW

Section 2252.002, Texas Government Code, provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the State in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B.

A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached.

Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders.

B. Our principal place of business or corporate office is in the State of Texas.Please Check or mark with an "X"

BIDDER:

____________________________________ By:_________________________Company(Printed Name)

____________________________________ Signature:___________________________(Printed Address)

____________________________________ Title: _______________________________(Printed Address)

____________________________________(City/State/Zip)

THIS FORM MUST BE RETURNED

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VENDOR COMPLIANCE TO STATE LAW

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DEBARMENT – SUSPENSION NOTICE

NOTICE TO BIDDER: This document must be signed in order to be deemed eligible for award. Please submit this document with your bid submittal. Offeror’s signature affirms compliance with the following:

I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

(a) In accordance with the provisions of Appendix A to 49 CFR (Code of Federal Regulations), Part 29, the

offeror certifies to the best of the offeror’s knowledge and belief, that it and its principals:

(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

excluded from covered transactions by any Federal, State or Local Government department or

agency;

(2) have not within a three (3) year period preceding this offer been convicted of or had a civil judgment

rendered against them for the 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;

(3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity

(Federal, State, or local with commission of any of the offenses enumerated in (a)(2) above; and

(4) have not within a three (3) year period preceding this offer had one or more public transactions

(Federal, State, or local) terminated for cause or default.

(b) Where the offeror is unable to certify to any of the statements above, the offeror shall attach a full

explanation to this offer.

(c) For any subcontract at any tier expected to equal or exceed $25,000:

(1) In accordance with the provisions of Appendix B to 49 CFR, Part 29, the prospective lower tier

subcontractor certifies, by submission of this offer, that neither it nor its principals is presently

debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to the statement, above, a n

explanation shall be attached to the offer.

(3) This certification (specified in paragraphs (c)(1) and (c) (2), above, shall be included in all applicable

subcontracts and a copy kept on file by the prime contractor. The prime contractor shall be required

to furnish copies of the certifications to the Authority upon request.

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II. FELONY CONVICTION NOTIFICATION AND CRIMINAL BACKGROUND CHECK

(a) Offeror must give advance notice to the Owner 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 any Agreement or if the Owner

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. :

(b) Offeror will obtain criminal history record information that relates to an employee, applicant for

employment, or agent of the Offeror if the employee, applicant, or agent has or will have continuing

duties related to the contracted services; and the duties are or will be performed on school property or

at another location where students are regularly present. The Offeror certifies to the Owner before

beginning work and at no less than an annual basis thereafter that criminal history record information

has been obtained. Offeror shall assume all expenses associated with the background checks, and

shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor

involving moral turpitude, as defined by Texas law, from Owner property or other location where

students are regularly present. District shall be the final decider of what constitutes a “location where

students are regularly present.” Offeror’s violation of this section shall constitute a substantial failure.

(c) If the Offeror is the person or owner or operator of the business entity, that individual may not self-

certify regarding the criminal history record information and its review, and must submit original

evidence acceptable to the District with this Agreement showing compliance.

Signature below acknowledges compliance with Section I. DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION and Section II. FELONY CONVICTION NOTIFICATION.

SIGNATURE OF OFFEROR: DATE:

PRINTED/TYPED NAME OF OFFEROR:

COMPANY NAME: TEL#:

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THIS PAGE MUST BE RETURNED WITH THE RFP

NOTICE TO VENDORS

Conflict of Interest Disclosure StatementsTexas 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.

Officers of the Allen Independent School District are:

Louise Master Susan OlingerJohn Montgomery Carl ClemencichAmy Gnadt Dr. Michael MyersJimmy Trotter Dr. Lance Hindt

If you are required to file, send the completed form to Allen Independent School District, Purchasing Department, 612 E. Bethany Dr., Allen, TX 75002

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