WHITNEY INDEPENDENT SCHOOL DISTRICT
REQUEST FOR PROPOSALS
FOR
CONSTRUCTION MANAGEMENT SERVICES
CM at Risk
(One-Step Process)
Athletic Improvements
REQUEST FOR PROPOSAL INDEX
SECTION I – INSTRUCTIONS TO PROPOSERS 1. Pre-Response Questions
2. Submission of Proposal Responses 3. Required Submittal Contents 4. CMR Selection
5. Reservations 6. The Contract
SECTION II – PROJECT SCOPE AND INFORMATION 1. Selection Schedule
SECTION III – QUESTIONAIRE TAB 1: Firm Information TAB 2: Schedule
TAB 3: Key Project Personnel TAB 4: Subcontractors
TAB 5: Project Experience TAB 6: Financial Background TAB 7: Claims and Suits TAB 8: Quality Program
Attachment ‘A’ – Construction Manager at Risk Expectations Attachment ‘B’ – Felony Conviction Notification
SECTION IV – COST FORM – Attachment ‘C’
Attachment ‘D’ – Affidavit of Non-Collusion, Non-Conflict of Interest, Anti-Lobbying Attachment ‘E’ – Suspension and Debarment Certification
Attachment ‘F’ – Certification of Residency Attachment ‘G’ – Conflict of Interest Notice Attachment ‘H’ – Deviations / Signature Page
SECTION I – INSTRUCTIONS TO PROPOSERS
Pursuant to the provisions of the Texas Government Code Chapter 2269, Subchapter F, it is the intention of the Whitney Independent School District to select, via a One-Step Method, Request for Proposals, (RFP) for Construction Manager at Risk for the construction of the Athletic Improvements. For the purposes of this document, ‘Whitney ISD’ shall be referred to as “The Owner.” The project(s) are described in the following table.
This Request for Proposals (RFP) contains information and instructions to enable interested Proposers to prepare and submit a Qualifications Submittal and a Cost Proposal as well as information on the selection process.
1. PRE-RESPONSE QUESTIONS. All questions regarding clarification or interpretation of the RFP will be submitted in writing by the Proposer, and must be received by 2:00 P.M., Monday, August 3, 2015. No questions will be addressed unless provided in writing. The District, through Huckabee, will provide a response to questions to all Proposers who have received an RFP directly from Huckabee. All correspondence pertaining to this RFP should be addressed to:
Tim Hopkins
Huckabee & Associates, Inc. 801 Cherry Street, Suite 500
Fort Worth, Texas 76102 Email: [email protected] 2. SUBMISSION OF PROPOSAL RESPONSES.
2.1. Submission.
2.1.1. The Qualifications Submittal and a Cost Proposal response shall be returned in an envelope or package marked on the outside with the Proposer’s name, address and proposal information listed below. 2.1.2. Qualifications Submittal and a Cost Proposal response must be returned
in sufficient time so as to be received and time stamped by the District on or before the time and date shown on this RFP. It is the sole responsibility of the Proposer to ensure timely delivery of the Proposal response. The District will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Proposer.
2.1.3. Receipt of any Addenda must be acknowledged by signing in the space provided on the attached Cost Proposal Certification Form to be enclosed with the Proposer’s response.
2.1.4. The package containing your Qualifications Submittal and Cost Proposal, one (1) original and five (5) copies, and separate Confidential Financial Information and Cost Forms, should be plainly marked:
Qualifications Submittal and Cost Proposal for Construction Manager-at-Risk
2.2. Closing Time.
2.2.1. All Qualifications Submittal and Cost Proposal response must be received in the District’s Administration Office no later than the time and date listed below. Reference the RFP and closing date on any correspondence. Proposals will be received by the District at the following location and time:
Time/Date: Proposals received until 12:00 P.M., Thursday, August 6, 2015.
Place: Deliver proposals to:
Mr. Gene Solis, Superintendent of Schools Whitney Independent School District 305 San Jacinto
Whitney, TX 76692 (254) 694-2254
2.2.2. On the above date and location, the Proposal responses will be publicly opened and the respondent’s names and fees read aloud.
2.2.3. Proposal responses received after the published time and date shall not be considered.
3. REQUIRED SUBMITTAL CONTENTS. The District has established guidelines to facilitate review and evaluation of each Proposer’s response. The Proposer will include and organize their response in accordance with the following:
3.1. Number of Qualifications Submittal and Cost Proposal Responses. One (1) original and five (5) copies (without Section III. Item 2. Confidential Financial Information or Cost Form). Submit one (1) copy of response to Section III. Item 2. Confidential Financial Information and one (1) copy of the Cost Form in separately sealed envelopes clearly marked with the same information as Section 2 above.
3.2 Order of Response Information 3.2.1 Cover Letter – One (1) page 3.2.2 Questionnaire Response 3.2.3 Certification Form
3.2.4 Cost Form(s)
3.3 Each Proposer shall furnish the information required by this RFP and in the order required. The person signing the Proposal response Certification Form must be a person authorized by the proposing firm to sign the proposal and bind the firm thereto. 4. CMR SELECTION.
4.1. Upon receipt, the District will review the RFP responses, conduct interviews if deemed appropriate, and make recommendations to the Board of Trustees. 4.2. Selection Process
4.2.1. THIS IS A NEGOTIATED PROCUREMENT, and as such, award will not necessarily be made to the Proposer submitting the lowest fee/cost Proposal.
4.2.2 The Owner will evaluate all proposals on the basis of the selection criteria listed below. A weighted value for each of the areas listed below is assigned and will be used in determining the Construction Manager which provides the Owner with the “Best Value.”
4.2.3 Each item will be rated by assigning a point value between 1 (not
acceptable/poor) and 10 (excellent). Each of the point values will then be multiplied by the weighted value to produce a score for that Area. The Owner reserves the right to conduct interviews with as many firms as they deem necessary.
4.3.1. The Construction Manager-At-Risk (CMR) will be selected via the one-step evaluation process.
4.3.2. Upon receipt of Qualifications Submittals, the Evaluation Team will review and evaluate the proposals based on the following evaluation criteria:
Proposed Construction Contract Amount 50.00 Proposed Construction Contract Time 5.00
TAB 2 – Schedule 6.00
TAB 3 – Key Project Personnel 10.00
TAB 4 - Subcontractors 10.00
TAB 5 – Project Experience 10.00
TAB 6 - Financial Background 5.00
TAB 7 - Claims and Suits 2.00
TAB 8 - Quality Control Program 2.00
TOTAL OF WEIGHTED VALUE 100.00
4.3.3. The District reserves the right to conduct interviews or other additional evaluation processes that are deemed necessary by the District to assist in a complete and thorough evaluation of the proposals.
4.3.4. An administrative recommendation (based on “Best Value”) will be made to the Board of Trustees at a future Board Meeting based on the Proposer receiving the highest evaluation score.
5. RESERVATIONS. The District has the right to: 5.1. Waive any required Proposal procedure; 5.2. Reject or cancel any or all Proposal responses;
5.3. Reject the Proposer’s response based on partnerships(s) and/or any other factor the District deems not in the best interest of the District.
5.4. Extend the Proposal opening time and date; 5.5. Reissue a new Request for Proposal
5.6. Consider and accept any Proposal response that is considered in the best interest of the District
5.7 The District may make an award without discussion with any Proposer, after Qualifications Submittal and Cost Proposal responses are received and evaluated.
5.8 Open Records Requirement – Excepts as allowed or required by law, all documents submitted as part of the Contractor’s Proposal response will be deemed confidential during the evaluation process. Following award of contract, all Proposals become public documents and are available for public viewing upon written request. Proposer’s proprietary or confidential information should be clearly marked: “CONFIDENTIAL – DO NOT DUPLICATE WIHOUT
PERMISSION”. Notwithstanding the foregoing, each proposer acknowledges that the Owner is subject to the Texas Public Information Act. In addition, nothing in this Request for Proposals places any obligation on the Owner to notify a Proposer of a request for information or to otherwise ensure confidentiality. 5.9 Availability of Funds –The District reserves the right to negotiate the scope of this
contract, delay implementation, reject all Proposals, or award another type of contract other than that required in this RFP.
6. THE CONTRACT.
be on the attached amended AIA Document A133 and amended AIA Document A201. The Owner reserves the right to require modification of those contracts prior to execution.
6.2 Expectations of the Construction Manager, (See Attachment ‘A’):
6.4.1 Prior to execution, AIA Document A133*CMc 2009 shall be amended, as appropriate, to include language included in the attached ‘CM @ Risk Expectations’ document.
6.5 Subcontractor bonds will be required for contracts greater than $25,000 in value.
7. PREVAILING WAGES
7.1 This project is subject to the law regarding payment of a prevailing wage rate. The prevailing wage rates to be paid on this project are included in this RFP.
8. WAIVER
8.1 By submitting a proposal, each Proposer waives any claims it may have against the Owner, its trustees, employees, and agents.
9. DELEGATION OF AUTHORITY
9.1 The Board of Trustees has delegated authority to a committee composed of Gene Solis, Ray Mabry, Melody Haley, Kenneth Gilchrist and Annette Ayers to seek bids, proposals, Rank bids, Rank Proposals, and negotiate for the selection of a contractor or enter into a contract for the 2015 Bond projects.
SECTION II – PROJECT SCOPE and INFORMATION
It is the intention of the Whitney Independent School District to select, via a One-Step Method, Request for Proposals, (RFP) for Construction Manager at Risk for the construction of the Athletic Improvements. For the purposes of this document, ‘Whitney ISD’ shall be referred to as “The Owner.” The projects are described in the following table.
Construction is contingent upon certain activities being completed within a SPECIFIC timeframe, which will permit the school to meet its contemplated schedule. If these activities are not
completed when required, the District may not proceed with construction as anticipated in this RFP. Project Approximate Square Footage New Approximate Square Footage Addition/ Renovation Construction Budget Including CMR Fees Construction to Start Substantial Completion Facility to Open Athletic Improvements 10,220 800 $9,267,440 December 1, 2015* August 1, 2016* August 2016* TOTAL ESTIMATED VALUE: $9,267,440.00
*Construction start and completion dates subject to change
*IT IS THE INTENT OF WHITNEY ISD TO SELECT ONE CONSTRUCTION
MANAGER TO PERFORM THE SCOPE OF WORK LISTED AS PART OF THIS RFP.
Scope Narrative:
New Multi-purpose Competition Stadium: constructed at the high school’s existing track and field facility, incorporating the track currently in place. The site will include a new synthetic turf field, pre-manufactured press box, seating for 2,000 (500 reserved chairs) on the home side, 500 additional visitor seating, Field-house, new Home side concessions-restrooms, and expanded visitor side concessions-restrooms.
New Baseball and Softball Complex: each field will receive new natural grass fields, press box, lighting, seating for 400 and 2 alley batting cage. Both fields will share a new concessions-restroom facility.
Tennis Courts: 4 courts with lighting Surface Parking: 200 new parking spaces
• SELECTION SCHEDULE
RFP Released – Monday, July 2, 2015
The Request for Proposals is released to the public for potential Construction Management firms to pick up.
Qualifications & Fee Proposal Due – Thursday, August 6, 2015—Until 12:00 P.M. (Please submit six (6) copies.)
Review & Rank– Thursday, August 6, 2015 – Monday, August 10, 2015 Interview Firms (If Necessary) – Monday, August 10, 2015
Should the Owner choose; interviews with the short-listed firms will be held at the meeting of the Board of Trustees on this day.
Recommendation to School Board – Monday, August 10, 2015
The Owner’s Review Committee will make its recommendation to the Board of Trustees on this day for award of a Construction Manager @ Risk contract or contracts.
• Proposals are to include the information requested in the attached Questionnaire in the sequence and format prescribed. Failure to do so will result in reduction of points or disqualification.
In addition to and separate from the requested information, organizations submitting may provide supplementary materials further describing their capabilities and experience (limited to three (3) pages).
SECTION III – QUESTIONNAIRE
RFQs are to include the information requested in this questionnaire in the sequence and format prescribed. Each selection criteria is associated with certain questions and will be evaluated based on this format. Failure to respond in this sequence and format will result in reduction of points or disqualification.
Supplemental materials providing additional information may be attached if limited to three (3) pages.
TAB 1: FIRM INFORMATION
Name of Firm:
Address of Principal Office: Phone Number:
Fax Number:
Email Address and/or Web Address:
Form of Business Organization (Corporation, Partnership, Limited Liability Partnership, Individual, Joint Venture, other?):
Year Founded:
Primary individual to contact:
TAB 2: SCHEDULE:
The Proposer shall submit a schedule for this project.
State your organization's project plan or proposed approach to this project.
If selected, this proposed schedule may become part of the contract between Owner and Construction Manager.
TAB 3: KEY PROJECT PERSONNEL:
Given the scope and schedule of the project, identify all proposed personnel for this project including but not limited to the Project Manager, Estimator, and Superintendent who would work on the project. Provide a resume and references for each individual. Note current projects on which individual is working including the project name, location, contract amount, percent complete, and the completion date of those projects. Also note the length of tenure with your company (hire date) for each proposed individual. Provide an organizational chart for this project noting whether the individual is On Site or Off Site. This organizational chart may become part of the contract between Owner and Construction Manager. Members of the proposed team, once approved, shall not be changed without prior written approval of the Owner.
TAB 4: SUBCONTRACTORS:
Provide a list of all the major Subcontractors and Suppliers for each category listed below for this project.
• Earthwork • Site Utilities • Concrete • Masonry
• Steel Fabrication • Landscape and Irrigation • Roofing • Waterproofing
• Glass and Glazing • Drywall
• Resilient Floor Covering/Carpet • Ceramic Tile/Quarry Tile • Painting • Fire Alarm
• Sprinkler System • Plumbing • Mechanical (HVAC) • HVAC Controls • Electrical • Technology • Public Address • Security • Synthetic Turf and/or Running Tracks
You may provide a maximum of three (3) proposed Sub-contractors for each category. However, no additional Sub-contractors will be considered after submission of this list. Provide a resume and references for each firm and previous experience with the General Contractor. Only one (1) copy of the resumes is required. Provide resumes in a separate binder.
TAB 5: PROJECT EXPERIENCE:
List all educational projects and all other major projects constructed by your firm within the last five (5) years in similar scope and size to the project herein. For each project provide the name of the project; nature of the project/function of the building; size (square feet); locations; cost; completion date; name and contact person, address and phone number of both the Owner and Architect; and the manner in which your organization was selected (Bid, RFP, CM or other method).
TAB 6: FINANCIAL BACKGROUND:
Attach a financial statement, preferably audited, including your organization’s latest balance sheet and income statement showing the following items:
Current assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses).
Non-current assets (e.g., net fixed assets, other assets).
Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes). Non-current liabilities (e.g., notes payable).
Capital accounts and retained earnings (e.g., capital, capital stock, authorized and outstanding shares par value, earned surplus and retained earnings).
Name and address of firm preparing attached financial statement and date thereof.
Is the attached financial statement for the identical organization named under item 1 above? If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, and subsidiary).
Provide name, address, phone for bank reference.
Surety: Name of bonding company, name and address of agent. State total bonding capacity and total current bonding obligations with and without this project.
Please note that this information will be reviewed by the Owners Financial Officer or Consultant acting in that capacity. Reference Item 2.5 Supplementary Instructions to Proposers, Section 00 2116 for information regarding confidentiality.
TAB 7: CLAIMS AND SUITS:
List all lawsuits, requested arbitration and mediation with regard to construction contracts in the last ten (10) years.
List all judgments, claims, arbitration proceedings, mediation or suits pending or anticipated against your organization.
If your company has been in business less than ten (10) years then include any former company information if applicable.
TAB 8: QUALITY PROGRAM:
State your organization's overall approach to quality control for this project.
ATTACHMENT ‘A’
Construction Manager at Risk Expectations
Pre-Design
Complete constructability review.
Establish Project Goals and Priorities with Owner and Architect. Establish and/or confirm overall budgets with Owner and Architect. Establish procedures for decision-making, review, etc.
Develop an Overall Management Plan and CPM Scheduling Plan of critical design and construction dates in order to accomplish the stated objectives.
Develop, implement, and monitor cost model for continuous budget control. Prepare Design Change Order control system for elected modifications. Complete phase cost estimate.
Schematic Design
Prepare Conceptual Estimate from design sketches. Hold Technical Review Sessions with Owner and Architect.
Consult with the Owner and Architect on means and methods of construction. Review Schematic Design documents and report on the following items:
a) Analyze the potential for use of systems components.
b) Submit to Owner and Architect any special input relative to time and cost control of the plan. c) Prepare “Cost Evaluation” Studies relative to value engineering.
Generate a Critical Data Schedule.
Prepare a professional construction CPM network for the issuance of Proposal Packages. Complete phase cost estimate.
Design Development
Review the Design Development documents with the Owner and Architect. Revise and update the Critical Data Schedule sheet.
Develop and arrange Pre-bid Packages.
Prepare a site use study to be used for allocation of space for construction storage, lay-down areas, parking and temporary facilities.
Prepare a Cash Flow Analysis for both the design and construction phases. Complete constructability review.
Prepare a detailed estimate based on available design drawings in a CSI or Subcontractor bid format.
Construction Documents
Complete phase cost estimate in the CSI format at 50% and 95%. Complete constructability review at 50% and 95%.
Review the drawings and project manual relative to the bid packages and notify Owner and Architect of inconsistencies.
Develop Bid Package requirements, phasing, work restrictions. Determine bid date and time.
Publish advertisement for proposals. Schedule and conduct Pre-bid conferences.
Update Project Budge and Schedule consistent with final construction documents.
Proposals & Negotiations
Distribute documents to plan rooms, subcontractors and suppliers. Solicit bids from subcontractor and suppliers on advertised day.
Negotiate with subcontractors as necessary to meet the current budget.
Compile list of subcontractors and suppliers to form Guaranteed Maximum Price. Present the GMP to the School Board for approval.
ATTACHMENT ‘B’
FELONY CONVICTION NOTIFICATION
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
THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION PLEASE COMPLETE THE INFORMATION BELOW
I, undersigned agent for the firm named below, certify that the information concerning notification of felony conviction 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 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.
Signature of Company Official:
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):
TABULATION
WORKSHEETS
FOLLOW
ATTACHMENT ‘C’
SECTION IV - COST FORM
PROPOSAL FORM – ATHLETIC IMPROVEMENTS for CONSTRUCTION MANAGEMENT SERVICES
WHITNEY INDEPENDENT SCHOOL DISTRICT
NOTE: CM AT RISK PROPOSER SHALL FILL IN AMOUNTS FOR ALL APPLICABLE COST FOR EACH PROJECT AND PROVIDE TOTAL FOR EACH LINE. IF THERE IS NO COST BY THE PROPOSER FOR AN ITEM, THE PROPOSER MUST PLACE A ZERO TO ILLUSTRATE NO COST. IF A LINE ITEM IS NOT REASONABLY PRICED BY THE PROPOSER, THE OWNER WILL ASSUME AN AVERAGE COST (FROM OTHER PROPOSERS) FOR THAT ITEM. THE OWNER WILL NOT ALLOW ANY ITEM LISTED BELOW TO BE TRANSFERRED TO
SUBCONTRACTORS OR TO THE "COST OF THE WORK" UNLESS NOTED BY THE OWNER ON THE PROPOSAL FORM INCLUDED IN THE RFP DOCUMENTS.
Summary Improvements Athletic
1 Pre-construction fees $ 2
Construction services percentage: % Construction budget amount $ 9,267,440 Construction fee amount = % x budget amount: $ 3 Field & office staff cost: (from line 33 below) $ 4 General conditions (from line 81 below) $ 5 Total = (Pre-Construction + Construction Services Fee + Field & Office Staff + General Conditions) $ Proposal Signature & Acknowledgement of Addenda:
Name of Company Signature / title
Staff to be charged to the project:
Include all necessary overhead, insurances, and multipliers within each line where applicable. General home office staff will be included in Construction Fee.
Athletic Improvements
6 Project Manager $ 7 Number of weeks included w 8 Percentage of time dedicated to the project % 9 Superintendent On-Site $ 10 Number of weeks included w 11 Percentage of time dedicated to the project % 12 Assistant Project Manager On-Site $ 13 Number of weeks included w 14 Percentage of time dedicated to the project % 15 Assistant Superintendent On-Site $ 16 Number of weeks included w 17 Percentage of time dedicated to the project % 33 Subtotal for Field & Office Staff $
General conditions:
Include all necessary overhead, insurances, taxes and multipliers within each line where applicable:
Athletic Improvements
34 Field office including accommodations for architect: $ 35 Job office including rental, moving and set-up $ 36 Office equipment $ 37 Computers $ 38 Office supplies $ 39 Phone, fax and internet service $ 40 Utilities for job office $ 41 Drinking water, ice, cups, coffee and etc for meetings $
42 Office furniture & furnishings $ 43 Postage and express shipping costs $ 44 Miscellaneous document printing $ 45 Janitorial services $ 46 47 Staff support services: $ 48 Vehicle, rental, fuel and insurance $ 49 Cell phone $ 50 Travel expenses (travel/meals/lodging) $ 51 Two way radios $ 52 53 Miscellaneous project requirements: $ 54 Temporary project signage $ 55 Layout $ 56 Project photos $ 57 Progress schedules $ 58 Power consumption In cost of work 59 Water consumption In cost of work 60 Climate protection $ 61 Temporary sanitary facilities $ 62 Equipment / storage trailers $ 63 General handling & hoisting, fuel & maintenance In cost of work 64 Temporary fire extinguishers $ 65 Safety equipment, labor & supplies $ 66 Field engineering labor, equipment & supplies $ 67 Small tools and consumables $ 68 Temporary fencing $ 69 Erosion control $ 70 Barricades/protection/Safety Rails/Equipment $ 71 Equipment Rentals/Scaffolding $ 72 Construction clean up (daily and weekly) $ 73 Final cleaning (site & building) $ 74 Dumpsters (rental & disposal costs, exclude demolition) In cost of work 75 Accounting and Data processing fees $ 76 AGC and other association fees if member $ 77 Independent testing and inspections By Owner 78 Permit and impact fees By Owner 79 80 CM Insurance & bonding: $ 81 Builder's risk insurance $ 82 General commercial liability $ 83 Umbrella / excess liability $ 84 All other insurance required $ 85 Performance & payment bonds (Contractor and Subcontractor) $ 86 87 Subtotal for General Conditions $
The undersigned, by his/her signature, represents that he/she is authorized to bind the Proposer to fully comply with the terms and conditions of this Request for Proposal, including all forms and attachments included and/or referenced herein, if accepted within forty-five (45) calendar days after Solicitation closing. Additionally, the Offeror has received the Addenda to this RFP, specifically, Addenda No.(s):
Firm Name: Telephone: Address: Or:
City: Fax:
State: Zip: Web Address: Email:
Date:
(Signature of Person Authorized to Sign Proposal)
Printed Name: Title:
ATTACHMENT ‘D’
AFFIDAVIT OF NON-COLLUSION, NON-CONFLICT OF INTEREST, ANTI-LOBBYING By submission of this response, the undersigned certifies that:
1. Neither the Respondent nor any of its officers, partner, owners, agents,
representatives, employees, or parties in interest, has in any way colluded, conspired, or agreed, directly or indirectly with any person, firm, corporation or other Respondent or potential Respondent or given any money or other valuable consideration for assistance in procuring or attempting to procure a contract or fix the prices in the attached response or the response of any other Respondent, and further states that no such money or other reward will be hereinafter paid.
2. No attempt has been or will be made by this firm's officers, employees, or agents to
lobby, directly or indirectly, the District's Board of Trustees between response submission date and award by the District's Board of Trustees.
3. No officer, or stockholder of Respondent is a member of the staff, or related to any
employee of the Whitney Independent School District except as noted below:
The undersigned certifies that he/she is fully informed regarding the accuracy of the statements contained in this certification, and that the penalties herein are applicable to the Respondent as well as to any person signing on it's behalf.
Signature of Authorized Official: Printed Name:
Title: Date:
ATTACHMENT ‘E’
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods and services equal to or in excess of $100,000 and all non-procurement transactions (e.g., sub-awards to sub-recipients).
Firms receiving individual awards of $100,000 or more and all sub-recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. Before an award of $100,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency.
I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency.
Name of Firm:
Signature of Authorized Official: Printed Name:
ATTACHMENT ‘F’
CERTIFICATION OF RESIDENCY
Chapter 2252 of the Texas Government Code relates to Resident versus Nonresident s and the requirements governmental entities must follow when awarding contracts to Nonresidents. The pertinent portion of the Chapter is as follows:
2252.001...
"Resident" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principle place of business in this state.
"Nonresident" refers to a person who is not a resident.
"Governmental contract" means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment.
2252.002...
"A governmental entity may not award a governmental contract to a nonresident unless the nonresident under the lowest submitted by a responsible resident by an amount that is not less than the amount by which a resident would be required to under the nonresident to obtain a comparable contract in the state in which the nonresident's principal place of business is located."
Please complete the appropriate statement below:
A. I certify that is a Resident of
(Company Name) Texas as defined in Chapter 2252.
B. I certify that is a Nonresident
(Company Name)
of Texas as defined in Chapter 2252. Our principal place of business is:
(City and State)
Signature:
ATTACHMENT ‘G’
CONFLICT OF INTEREST NOTICE Whitney Independent School District
Notice to Vendors
Conflict of Interest Questionnaire Required by Chapter 176 of the Texas Local Government Code
Effective January 1, 2006, a person or entity who contracts or seeks to contract with Whitney ISD for the sale or purchase of property, goods, or services (as well as agents of such persons) are required to file a Conflict of Interest Questionnaire with the Districts Records Administrator. Each covered person or entity who seeks to or who contracts with Whitney ISD is responsible for complying with any applicable disclosure requirements. Whitney ISD will post the required completed questionnaires on its website.
The Conflict of Interest Questionnaire must be filed:
No later than the seventh business day after the date that the Vendor begins contract discussions or negotiations with the government entity, or submits to the local governmental entity an application, response to a request for proposals or s, correspondence, or another writing related to a potential agreement with the local governmental entity.
The Vendor shall file an updated completed questionnaire with the appropriate records administrator not later than September 1 of the year in which an activity described in Section 176.006(a), Local Government Code, is pending, and not later than the seventh business day after the date of an event that would make a statement in the questionnaire incomplete or inaccurate.
Note: A Vendor is not required to file an updated completed questionnaire in a year if the person has filed a questionnaire on or after June 1, but before September 1, of that year. The Conflict of Interest Questionnaire may be downloaded from the Texas Ethics Commission's website at http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. You may also use the copy provided.
Questions regarding House Bill 914 requirements should be directed to the District. Completed forms should be sent submitted with the Bid.
CONFLICT OF INTEREST QUESTIONNAIREFORM CIQ
For vendor or other person doing business with local governmental entity -
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity.
By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.
OFFICE USE ONLY Date Received
1 Name of person doing business with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name each employee or contractor of the local governmental entity who makes recommendations to a local government officer of the governmental entity with respect to expenditures of money AND describe the affiliation or business relationship.
4 Name each local government officer who appoints or employs local government officers of the governmental entity for which this questionnaire is filed AND describe the affiliation or business relationship.
CONFLICT OF INTEREST QUESTIONNAIRE FORM FORM CIQ Page 2 For vendor or other person doing business with local governmental entity
_____________________________________________________________________________ 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or other relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire?
Yes No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity?
Yes No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes No
D. Describe each affiliation or business relationship.
_____________________________________________________________________________ 6.
___________________________________________________ ____________ Signature of person doing business with the governmental entity Date
ATTACHMENT ‘G’ DEVIATIONS / SIGNATURE PAGE
In the event the undersigned Respondent intends to deviate from the general terms, conditions, or specifications listed within this proposal, all such deviations must be listed on this pane, with complete and detailed conditions and information also being attached. In the absence of any deviation entry on this form, the Respondent assures the District of their compliance with the Terms, Conditions, Specifications, and information contained within this PROPOSAL.
Deviations:
The District will be the sole judge to determine if deviations are acceptable in meeting the needs of the District and participating members.
The District reserves the right to withdraw this request for qualifications at any time and for any reason. The District also reserves the right to award or not award this contract in any manner deemed to be in the best interest of the District.
Please make sure that you provide the following forms:
a. Proof of Insurance Yes No
b. Felony Conviction Notice Yes No
c. Cost Proposal Yes No
d. Non-Collusion Affidavit Yes No
e. Suspension & Debarment Yes No
f. Certification of Residency Yes No
g. Conflict of Interest Yes No
h. Required Addenda Yes No
All Respondents MUST COMPLETE this page.
Sign and Return with response or your submission may be considered Non-Responsive.
Our response is submitted according to: Deviations
listed above
No Deviations
SIGNATURE:
PRINTED NAME:
Whitney ISD 109911 PUBLIC COMPLAINTS GF (LOCAL) DATE ISSUED: 2/26/2015 1 of 6 LDU 2015.01 GF(LOCAL)-X
In this policy, the terms “complaint” and “grievance” shall have the same meaning.
Complaints by members of the public shall be filed in accordance with this policy, except as required by the policies listed below. Some of these policies require appeals to be submitted in accord-ance with GF after the relevant complaint process:
1. Complaints concerning instructional materials shall be filed in accordance with EFA.
2. Complaints concerning a commissioned peace officer who is an employee of the District shall be filed in accordance with CKE.
The Board encourages the public to discuss concerns with an ap-propriate administrator who has the authority to address the con-cerns. Concerns should be expressed as soon as possible to al-low early resolution at the al-lowest possible administrative level. Informal resolution shall be encouraged but shall not extend any deadlines in this policy, except by mutual written consent. An individual may initiate the formal process described below by timely filing a written complaint form.
Even after initiating the formal complaint process, individuals are encouraged to seek informal resolution of their concerns. An indi-vidual whose concerns are resolved may withdraw a formal com-plaint at any time.
The process described in this policy shall not be construed to cre-ate new or additional rights beyond those granted by law or Board policy, nor to require a full evidentiary hearing or “mini-trial” at any level.
Neither the Board nor any District employee shall unlawfully retali-ate against any individual for bringing a concern or complaint. Complaint forms and appeal notices may be filed by hand-delivery, by electronic communication, including e-mail and fax, or by U.S. Mail. Hand-delivered filings shall be timely filed if received by the appropriate administrator or designee by the close of business on the deadline. Filings submitted by electronic communication shall be timely filed if they are received by the close of business on the deadline, as indicated by the date/time shown on the electronic communication. Mail filings shall be timely filed if they are post-marked by U.S. Mail on or before the deadline and received by the appropriate administrator or designated representative no more than three days after the deadline.
COMPLAINTS OTHER COMPLAINT PROCESSES GUIDING PRINCIPLES INFORMAL PROCESS FORMAL PROCESS FREEDOM FROM RETALIATION GENERAL PROVISIONS FILING
Exhibit A
Whitney ISD 109911 PUBLIC COMPLAINTS GF (LOCAL) DATE ISSUED: 2/26/2015 2 of 6 LDU 2015.01 GF(LOCAL)-X
The District shall make reasonable attempts to schedule confer-ences at a mutually agreeable time. If the individual fails to appear at a scheduled conference, the District may hold the conference and issue a decision in the individual’s absence.
At Levels One and Two, “response” shall mean a written communi-cation to the individual from the appropriate administrator. Re-sponses may be hand-delivered, sent by electronic communication to the individual’s e-mail address of record, or sent by U.S. Mail to the individual’s mailing address of record. Mailed responses shall be timely if they are postmarked by U.S. Mail on or before the deadline.
“Days” shall mean District business days. In calculating time lines under this policy, the day a document is filed is “day zero.” The following business day is “day one.”
“Representative” shall mean any person who or organization that is designated by an individual to represent the individual in the com-plaint process.
The individual may designate a representative through written no-tice to the District at any level of this process. If the individual des-ignates a representative with fewer than three days’ notice to the District before a scheduled conference or hearing, the District may reschedule the conference or hearing to a later date, if desired, in order to include the District’s counsel. The District may be repre-sented by counsel at any level of the process.
Complaints arising out of an event or a series of related events shall be addressed in one complaint. An individual shall not file separate or serial complaints arising from any event or series of events that have been or could have been addressed in a previous complaint.
All time limits shall be strictly followed unless modified by mutual written consent.
If a complaint form or appeal notice is not timely filed, the com-plaint may be dismissed, on written notice to the individual, at any point during the complaint process. The individual may appeal the dismissal by seeking review in writing within ten days from the date of the written dismissal notice, starting at the level at which the complaint was dismissed. Such appeal shall be limited to the issue of timeliness.
Each party shall pay its own costs incurred in the course of the complaint. SCHEDULING CONFERENCES RESPONSE DAYS REPRESENTATIVE CONSOLIDATING COMPLAINTS UNTIMELY FILINGS COSTS INCURRED
Whitney ISD 109911 PUBLIC COMPLAINTS GF (LOCAL) DATE ISSUED: 2/26/2015 3 of 6 LDU 2015.01 GF(LOCAL)-X
Complaints and appeals under this policy shall be submitted in writ-ing on a form provided by the District.
Copies of any documents that support the complaint should be at-tached to the complaint form. If the individual does not have cop-ies of these documents, they may be presented at the Level One conference. After the Level One conference, no new documents may be submitted by the individual unless the individual did not know the documents existed before the Level One conference. A complaint or appeal form that is incomplete in any material as-pect may be dismissed but may be refiled with all the required in-formation if the refiling is within the designated time for filing. Complaint forms must be filed:
1. Within 15 days of the date the individual first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance; and
2. With the lowest level administrator who has the authority to remedy the alleged problem.
If the only administrator who has authority to remedy the al-leged problem is the Superintendent or designee, the com-plaint may begin at Level Two following the procedure, includ-ing deadlines, for filinclud-ing the complaint form at Level One. If the complaint is not filed with the appropriate administrator, the receiving administrator must note the date and time the complaint form was received and immediately forward the complaint form to the appropriate administrator.
The appropriate administrator shall investigate as necessary and schedule a conference with the individual within ten days after re-ceipt of the written complaint. The administrator may set reasona-ble time limits for the conference.
Absent extenuating circumstances, the administrator shall provide the individual a written response within ten days following the con-ference. The written response shall set forth the basis of the deci-sion. In reaching a decision, the administrator may consider infor-mation provided at the Level One conference and any other relevant documents or information the administrator believes will help resolve the complaint.
If the individual did not receive the relief requested at Level One or if the time for a response has expired, he or she may request a conference with the Superintendent or designee to appeal the Lev-el One decision.
COMPLAINT AND APPEAL FORMS
LEVEL ONE
Whitney ISD 109911 PUBLIC COMPLAINTS GF (LOCAL) DATE ISSUED: 2/26/2015 4 of 6 LDU 2015.01 GF(LOCAL)-X
The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level One re-sponse or, if no rere-sponse was received, within ten days of the Lev-el One response deadline.
After receiving notice of the appeal, the Level One administrator shall prepare and forward a record of the Level One complaint to the Level Two administrator. The individual may request a copy of the Level One record.
The Level One record shall include:
1. The original complaint form and any attachments.
2. All other documents submitted by the individual at Level One. 3. The written response issued at Level One and any
attach-ments.
4. All other documents relied upon by the Level One administra-tor in reaching the Level One decision.
The Superintendent or designee shall schedule a conference with-in ten days after the appeal notice is filed. The conference shall be limited to the issues and documents considered at Level One. At the conference, the individual may provide information concerning any documents or information relied upon by the administration for the Level One decision. The Superintendent or designee may set reasonable time limits for the conference.
The Superintendent or designee shall provide the individual a writ-ten response within writ-ten days following the conference. The writwrit-ten response shall set forth the basis of the decision. In reaching a decision, the Superintendent or designee may consider the Level One record, information provided at the Level Two conference, and any other relevant documents or information the Superintendent or designee believes will help resolve the complaint.
Recordings of the Level One and Level Two conferences, if any, shall be maintained with the Level One and Level Two records. If the individual did not receive the relief requested at Level Two or if the time for a response has expired, he or she may appeal the decision to the Board.
The appeal notice must be filed in writing, on a form provided by the District, within ten days of the date of the written Level Two re-sponse or, if no rere-sponse was received, within ten days of the Lev-el Two response deadline.
Whitney ISD 109911 PUBLIC COMPLAINTS GF (LOCAL) DATE ISSUED: 2/26/2015 5 of 6 LDU 2015.01 GF(LOCAL)-X
If the appeal notice is untimely, not on the District’s form, or incom-plete in any material way, the Superintendent, after consultation with the Board President, may dismiss the complaint and provide written notice of dismissal to the individual.
The Superintendent or designee shall inform the individual of the date, time, and place of the Board meeting at which the complaint will be on the agenda for presentation to the Board.
The Superintendent or designee shall provide the Board the record of the Level Two appeal. The individual may request a copy of the Level Two record.
The Level Two record shall include: 1. The Level One record.
2. The notice of appeal from Level One to Level Two. 3. The written response issued at Level Two and any
attach-ments.
4. All other documents relied upon by the administration in reaching the Level Two decision.
The appeal shall be limited to the issues and documents consid-ered at Level Two, except that if at the Level Three hearing the administration intends to rely on evidence not included in the Level Two record, the administration shall provide the individual notice of the nature of the evidence at least three days before the hearing. The District shall determine whether the complaint will be present-ed in open or clospresent-ed meeting in accordance with the Texas Open Meetings Act and other applicable law. [See BE]
The presiding officer may set reasonable time limits and guidelines for the presentation, including an opportunity for the individual and administration to each make a presentation and provide rebuttal and an opportunity for questioning by the Board. The Board shall hear the complaint and may request that the administration provide an explanation for the decisions at the preceding levels.
In addition to any other record of the Board meeting required by law, the Board shall prepare a separate record of the Level Three presentation. The Level Three presentation, including the presen-tation by the individual or his or her representative, any presenta-tion from the administrapresenta-tion, and quespresenta-tions from the Board with re-sponses, shall be recorded by audio recording, video/audio recording, or court reporter.
Whitney ISD 109911
PUBLIC COMPLAINTS GF
(LOCAL)
DATE ISSUED: 2/26/2015 ADOPTED: 6 of 6
LDU 2015.01 GF(LOCAL)-X
The Board shall then consider the complaint. It may give notice of its decision orally or in writing at any time up to and including the next regularly scheduled Board meeting. If the Board does not make a decision regarding the complaint by the end of the next regularly scheduled meeting, the lack of a response by the Board upholds the administrative decision at Level Two.
