REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER-AT-RISK

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1 REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION MANAGER-AT-RISK DANBURY INDEPENDENT SCHOOL DISTRICT Project: Danbury I.S.D. Elementary School Issue Date: March 2, 2018 Submission Due Date: March 20, 2018

2 Table of Contents I. Request for Qualifications II. III IV. Request for Qualifications Process Statement of Qualifications Requirements Criteria for Selection V. Project Description VI. VII. VIII. Project Services Construction Manager at Risk Questionnaire Required Certifications

3 I. REQUEST FOR QUALIFICATIONS: Qualification Statements from construction firms interested in acting as Construction Manager-at-Risk for pre-construction and construction services are being solicited for the project listed below: 1. PROJECT: ELEMENTARY SCHOOL, DANBURY I.S.D. ELEMENTARY SCHOOL OWNER: DANBURY INDEPENDENT SCHOOL DISTRICT ( DISTRICT ) 2. STATEMENT OF QUALIFICATIONS DUE DATE/TIME: March 20, 2018 at 4:00 p.m. (Late responses will not be considered) 3. OPENING LOCATION: Danbury I.S.D. Administration Bldg. The Request for Qualifications may be obtained at Danbury Independent School District Administration Building 5611 Panther Drive Danbury, Texas or on the district s website at Questions about the Project and Construction Manager At-Risk Request for Proposals should be submitted in writing via address to at Architects Rabe + Partners. Answers will be issued in writing via to all firms who provide an address for this purpose. The District reserves the right to accept or reject any or all submissions, to waive all informalities and irregularities, and to award the Project in the best interest of the District. 3

4 II. REQUEST FOR QUALIFICATIONS PROCESS The District intends to select a Construction Manager-at-Risk for the Project. This two-step selection process, meeting the requirements of the Texas Government Code Chapter 2269, Subchapter F, will include the following sequence of events: Request for Qualifications will be advertised in accordance with Texas law. Statements of Qualifications will be received and publicly opened on March 20, 2018 at 4:00 pm. Offerors may, but need not be present for the receipt of Statements of Qualifications. All offerors will be notified by , if an address is provided, of the list of responding firms. By March 23, 2018, up to five (5) firms will be invited to participate in the second step of the selection process, and all firms will be notified by of the list of finalists. The finalists will be invited to submit sealed proposals with pricing information to the District, and the sealed proposals must be received by, and will be publicly opened and read at 4:00 p.m. on April 2, The finalists must participate in an interview to be scheduled on the first week of April, The District will evaluate and rank the finalist firms in accordance with the published weighted selection criteria. The Board of Trustees will approval the final evaluations and rankings, and will select the highest-ranked firm. The District will attempt to negotiate an agreement with the selected Construction Manager. The negotiated agreement will be submitted for approval by the Board of Trustees for the District. The Construction Manager selected will generally be expected to provide Pre-construction and Construction Phase Services as described in AIA Document A133, as amended and supplemented by the District. In addition to acting as an advisor to the District during the design period, the Construction Manager will assume financial responsibility for the construction of the Project and provide a Guaranteed Maximum Price proposal to the District and become contractually bound to provide the actual labor and materials for the Project. All savings on the project will be returned to the District at the conclusion of the project. Performance and Payment Bonds for 100% of the total project budget will be required within ten days of execution of the contract. III. STATEMENT OF QUALIFICATIONS SUBMISSION REQUIREMENTS To receive consideration by the District, each applicant must, at a minimum, submit three completed copies of each of the following: Contractor s Qualification Statement (AIA Document A305) Responses to Construction Manager Questionnaire (Item VIII, attached) Felony Conviction Notification (Attached) Vendor Information/Taxpayer Identification Form (W-9) (attached) 4

5 Conflict of Interest Questionnaire (attached) Resident/Non-Resident Certification (attached) NO PRICING INFORMATION IS TO BE SUBMITTED WITH THE STATEMENT OF QUALIFICATIONS. FIRMS SELECTED TO PARTICIPATE IN STEP TWO OF THE SELECTION PROCESS WILL BE PROVIDED WITH A SEALED PROPOSAL FORM TO COMPLETE. IV. CRITERIA FOR SELECTION Consistent with the Texas Education Code, the District will utilize the following weighted selection criteria for use in evaluating up to five finalists in this selection process: 1. The proposal price. (25 points) 2. The reputation and references of the Proposer and of the Proposer s goods or services. (10 points) 3. The quality of the Proposer s goods or services. (20 points) 4. Extent to which the Proposer s goods and/or services meet the District s needs. (20 points) 5. The Proposer s past relationship with the District. (5 points) 6. The total long terms cost to the District to acquire the Proposer s goods and/or services. (10 points) 7. Performance in Interview (10 points) V. PROJECT DESCRIPTIONS SEE ATTACHED EXHIBIT A VI. PROJECT SERVICES The District is seeking the services of a construction manager with the compatible experience, style and approach to provide planning, preconstruction and construction services for these projects. Working collaboratively with the District and the entire project team, the program manager / construction manager will be required to provide the following services. Preconstruction Services Design Coordination: Work in coordination with architects, engineers, surveyors and other design consultants with an eye toward maximizing value and functionality, but minimizing costs. Develop a prototype layout and systems design to be used with each of the schools in partnership with the design team(s). Construction Strategy: Advise the project team on construction strategies including, but not limited to, construction management, construction methods, phasing and sequencing, permitting, materials procurement, bidding and subcontracting, staging, and commissioning throughout the project. 5

6 Constructability Analysis: Advise the project team on the construction ramifications of design scheme alternatives of all building systems, throughout the preconstruction process. Support the design teams investigation of similar projects, material/system alternatives, sustainability issues, geotechnical conditions, etc. Construction Cost Estimating & Control: Prepare and update both project and construction budgets and estimates. Provide construction cost estimating of design components and system alternatives (including MEP systems). Provide value analysis on a continuous basis. Produce a construction cost estimate for presentation to the District and Architect). Construction Duration Estimating: Due to the nature of this project and typical schedule requirements, advise the project team of the construction duration implications of design scheme alternatives. Provide an updated construction duration schedule estimate at each milestone of design for review by the District and Architect. Construction Procurement: Develop and execute a comprehensive procurement plan for review by the District and Architect. The procurement plan should include procurement timing, long-lead item planning, assistance with competitive procurement of subcontractors, detailed evaluation of proposals by all project team members, subcontract negotiations, etc. Construction Services Construction: Execute construction of all portions of the project in compliance with the construction documents and all applicable laws, ordinances and codes. Retain full responsibility for the project site and the actions of all employees/subcontractors throughout construction. Construction responsibility includes, but is not limited to, the following activities: construction planning, implementation, safety management, schedule management, material management, change management, quality control, permitting/inspections, coordination with District operations, commissioning and District O&M support, and project closeout. Occupancy, Start-Up & Operations: If part of the project scope, manage the purchase and installation of FF&E for the Project. Assist with the analysis and selection of operational consultants and vendors for each of the schools, with an eye towards maximizing value and minimizing cost. Assist transition to the District maintenance staff to run and maintain the new work safely and cost effectively. District Expectations During the phases outlined above, the District will have the following expectations: Performance and Payment Bonds for 100% of the total project budget will be required within ten days of execution of the contract. The Project Manager shall attend and actively participate in regular meetings with the District and Architect to review project status and review and update the construction cost estimate. The CM-At-Risk will be accountable for the construction budget the completion of the project. The CM-At-Risk will prepare, and periodically update, a Project Schedule for the Architect s and the District s review. 6

7 During the preparation of the Construction Documents, the Construction Manager shall update and refine the cost estimate at established milestones, i.e. 25% and 50%. The CM shall do this with input from Subcontractors. At each project development milestone, each estimate shall be in a format that allows comparison from one milestone to the next. If any estimate submitted to the District exceeds previously approved estimates the Construction Manager shall make recommendations to the District and Architect to reduce the cost of the project. The Construction Manager shall recommend to the District and Architect to schedule for procurement of long-lead time items that will constitute part of the Work as required to meet the Project schedule. When the Construction Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Construction Manager s Fee and General Conditions. In soliciting Competitive Sealed Proposals from subcontractors, the Construction Manager shall comply with all requirements and procedures set forth in Texas Education Code Section , including: Advertising and receiving proposals from qualified subcontractors and suppliers for each section of the work. Distributing proposal packages and confirm scope of work. Reviewing proposals with District and Architect, prior to Contract Award. Prior to commencing any work on this Project, Proposer will certify, on a form provided by the District, that, for each employee of Proposer and each employee or independent contractor of Proposer or Proposer s Subcontractors who (1) will have direct contact with students (substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional District employee), and (2) will have continuing duties related to the Project, the Proposer has obtained, as required by Texas Education Code Section and Texas Administrative Code Sections and : (a) (b) (c) National criminal history record information from a law enforcement or criminal justice agency for each employee of Proposer hired before January 1, 2008; National criminal history record information from the Texas Department of Public Safety for each employee of Proposer hired on or after January 1, 2008; and National criminal history record information from the Texas Department of Public Safety for each employee or independent contractor of each Subcontractor of Proposer during the Contract Term. Any employee or independent contractor of a contractor or subcontractor who will have direct contact with students must not have been convicted of an offense identified in Texas Education Code Section (or any higher standard established by the District). 7

8 VII. CONSTRUCTION MANAGER AT RISK QUESTIONNAIRE 1. Firm Information 1.1 Name of Firm: 1.2 Address of Principal Office: 1.3 Telephone No.: 1.4 Fax No.: 1.5 Form of Business Organization (corporation, partnership, etc.): 1.6 Year Founded: 1.7 Primary Individual to Contact: 2. Organization 2.1 How many years has your organization been in business in its current capacity? 2.2 How many years has your organization been in business under its present name? 2.3 Under what other or former name(s) has your organization operated? 3. Experience 3.1 Completed work within the last five years, including: Name/nature of project; Location; Cost; Size; Construction delivery method; Contractual completion date; Actual completion date; owner, contact, phone number; architect, contact, phone number. 3.2 Current work, including: Name/nature of project; Location; Cost; Size; Construction delivery method; Contractual completion date; Actual completion date; owner, contact, phone number; architect, contact, phone number. 3.3 Percentage of work devoted to school construction. 3.4 List the categories of work that your organization normally performs with its own forces. Would you propose doing any work with your own forces? 3.5 List any subcontractors in which your organization has any ownership. List the categories of work those subcontractors normally perform. 3.6 Claims and lawsuits: Are there any judgments, claims, arbitrations proceedings or suits pending or outstanding against your organization or its officers? Has your organization filed or been involved in any lawsuits or requested arbitration with regard to construction contracts within the last five years? If the answer to any of the questions below is yes, please provide details. 3.7 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? If the answer is yes, please provide details. 3.8 Describe your organization s safety program and provide your workers compensation experience modification factor. 3.9 Elaborate on your staff s ability to work with other team members in a collaborative environment. Specifically identify experience working with a project team in a negotiated GMP or design-build contract format. Provide a breakdown, by percent of total volume, of your annual revenues for the last three years, by project delivery method Describe your management tools and approach to create a team environment that encourages understanding of a commitment to the District s goals. Describe you approach to ensuring effective communication among the various members of the project team to minimize misunderstandings and conflict. Describe your conflict resolution method Describe your company s approach to management and coordination of design efforts and preconstruction services. Specifically address your company s approach to estimating and scope management during preconstruction. Include an explanation of how contingency or other cost buffering mechanisms are developed, accounted for in the estimate documentation, and communicated to the District and project team. Describe how the contingency strategy impacts the District s understanding of budget estimates and GMP s. 8

9 4. Financial Information 4.1 Attach an audited, dated financial statement, including your organization s latest balance sheet and income statement. 4.2 Provide the name and address of the firm preparing the attached financial statement For your bonding company, please provide: Name: Address: Telephone number: 5. Personnel 5.1 Given the scope and schedule of the project(s), identify and provide a resume for each of the following specific individuals: Project Manager Job Superintendent Estimator Field Operations 9

10 VIII. REQUIRED CERTIFICATIONS Proposers are required to complete all certifications contained in the following pages. 10

11 11

12 Company Name: 3. DISCLOSURE: CONFLICT OF INTEREST Questionnaire CONFLICT OF INTEREST QUESTIONNAIRE FORM 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. OFFICE USE ONLY Date Received 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 , Local Government Code. A person commits an offense if the person violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. 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 (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.) 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. 12

13 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. 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. Signature of person doing business with the governmental entity Date 13

14 4. NON COLLUSIVE PROPOSAL CERTIFICATE & ACKNOWLEDGMENT By submission of this proposal, the Vendor certifies that: (a) the proposal has been independently arrived at without collusion with any other vendor or with any competitor. (b) The proposal has not been knowingly disclosed and shall not be knowingly disclosed, prior to the opening of proposals for this project, to any other vendor, competitor or potential competitor. (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a proposal. (d) The person signing this proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification and under the penalties being applicable to the Vendor as well as to the person signing in its behalf. I certify that the above information is true and correct. YES 5. FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No.1, Section , 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. Check the appropriate box and sign the form. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. My firm is not owned or operated by anyone who has been convicted of a felony. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon: Details of Conviction(s) (Attach Explanation on Separate Sheet) 6. CERTIFICATION REGARDING DEBARMENT SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS This certificate is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section , Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages ). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. 1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal department or agency. 2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PR/Award # or Project Name: Check applicable box I (We) certify that our company has not been debarred and is not participating in lobbying 14

15 activities. See attached explanation and complete disclosure forms. 7. CLEAN AIR & WATER ACT CERTIFICATION (This is a Federal requirement) I certify that my company is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended ( 42 U.S.C. 1857(h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement. 8. CERTIFICATION REGARDING LOBBYING for FEDERAL FUNDS - Applicable to grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds. Submission of this certifications a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement the undersigned shall complete and submit Standard Form-LLL, SF-LLL Disclosure of Lobbying Activities Form in accordance with its instructions (see following page). (3) The undersigned shall required that the language of this certification be included in the award documents for all covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Check applicable box I (We) certify that our company has not been debarred and is not participating in lobbying activities. See attached explanation and complete disclosure forms. I (We) the undersigned, agent for the firm, named below certify that all information in the above certifications 1 through 8 are true and correct to the best of my knowledge. Name/Title: Company Name: Original Signature: Date 15

16 DANBURY INDEPENDENT SCHOOL DISTRICT Certificate of Residency The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for the District to determine the residency of its bidders/proposers for construction related services. In part, this law reads as follows: Section: (3) Non-resident bidder refers to a person who is not a resident. (4) Resident bidder 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 principal place of business in this state. Section: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. I certify that (Name of Company Bidding/Proposing) is, under Section: (3) and (4), a Resident Bidder/Proposer Non-resident Bidder/Proposer My or Our principal place of business under Section: (3) and (4), is in the city of in the state of. Signature of Authorized Company Representative Print Name Title Date 16

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