Proposal RFP for CMAR.pdf - Campbell ISD

Request for Proposals (One-Step Process) For Selection of

Construction Manager at Risk Services for

New Construction & Facilities Renovations for Campbell Independent School District

Campbell, Texas

Proposal #1

August 15, 2022

Please Note the Following Information:

RECEIVED NO LATER THAN Friday, August 24, 2022 BY

2:00PM No late proposals will be accepted.

One (1) original, Four (4) copies and One (1) PDF searchable electronic USB copy

ATTN: Dr. Denise Morgan, Superintendent Campbell Independent School District

480 North Patterson Street, Campbell, Texas 75422

No faxed or electronic submissions will be accepted.

Campbell Independent School District RFP for CMaR – New Construction & Facilities Renovations

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TABLE OF CONTENTS

TABLE OF CONTENTS 2 CONSTRUCTION MANAGER – SELECTION SCHEDULE 3 REQUEST FOR PROPOSAL OF FEE 4 SCOPE OF SERVICES 5 SUBMITTAL AND SELECTION PROCESS 6 CRITERIA FOR SELECTION – FEE PROPOSAL 7 PROPOSED FEES AND PRICING 9 QUESTIONNAIRE 11 APPENDIX A – PRE-CONSTRUCTION SERVICES 15 APPENDIX B – CONSTRUCTION PHASE SERVICES 16 APPENDIX C – CMAR CERTIFICATION 22 APPENDIX D – FEE PROPOSAL 23 APPENDIX E – GENERAL CONTRACTOR WAGE RATE SCHEDULE 24 APPENDIX F – FORMS A - F 26

ATTACHMENTS Attachment A – AIA A133-2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor _ Bond Projects _ 62 Pages Attachment B – AIA A201-2017 General Conditions of the Contract for Construction _ Bond Projects _ 125 Pages


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CONSTRUCTION MANAGER - SELECTION SCHEDULE • Request for Fee Proposals Released August 15, 2022 • Last Date for Question August 19, 2022, 2:00 p.m. • Addendum Issued (if required) August 20, 2022 • Receive Fee Proposals August 24, 2022, 2:00 p.m. Administration Building 480 North Patterson Street Campbell, Texas 75422 • Evaluate Proposals and Rank Selections August 24, 2022, after 2:00 p.m. Administration Building 480 North Patterson Street Campbell, Texas 75422

• Present to Board of Trustees CMaR Ranking for Approval August 25, 2022 Administration Building 480 North Patterson Street Campbell, Texas 75422 • Conduct Interviews (if required) August 29 – September 2 Administration Building 480 North Patterson Street Campbell, Texas 75422

Note: 1. Established schedule is preliminary and may be modified at the discretion of the Owner. 2. All proposals received by the proposal dates will be opened for the purpose of recording the names, fees and

prices of the Offerors.


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REQUEST FOR FEE PROPOSALS

Pursuant to the provisions of the Texas Education Code 44.031 and Government Code 2269, it is the intention of Campbell Independent School District (CISD) to select a Construction Manager at Risk for services associated with the construction and renovation of multiple projects, including but not limited to an additional wing and existing facilities renovations via a Request for Fee Proposals as part of a one-step selection process as detailed in section 2269.253 of the Government Code. The Owner plans to utilize the AIA document A133-2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor, where the basis of the payment is the Cost of Work Plus a Fee with a Guaranteed Maximum Price, as modified by the Owner and along with AIA document A201‐2017 General Conditions of the Contract for Construction as modified by the Owner. The Owner’s supplementary conditions to the A133 and A201 will be made available to the selected Construction Manager.

The selected Construction Manager is to assist the Owner and its Architect with cost estimating, cost analysis and budget control efforts, constructability reviews, detailed phasing of project and scheduling, during the design and construction document phase, as part of the pre-construction services. The scope and schedule for the project as currently defined is described by the attached materials.

Responses are to include the information requested in the Questionnaire below in the sequence and format prescribed. In addition to and separate from the requested information, organizations submitting may provide supplementary materials further describing their capabilities and experience.

Fee Proposal and Questionnaire Responses are to be submitted to:

Campbell Independent School District Attn: Dr. Denise Morgan, Superintendent 480 North Patterson Street Campbell, Texas 75422


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SCOPE OF SERVICES Base Scope The general scope and budget are as follows: New Construction, Additions, and Renovations to Existing Facilities 1. Location(s): Various Campuses, Campbell, Texas 75422 2. Architect(s): Claycomb Associates, Inc. 3. The Scope of Work shall be determined in mutual cooperation between the District, Architect, and selected

Construction Manager. 4. Total Project Construction Budget: To be determined in mutual cooperation between the District, Architect,

and selected Construction Manager. a. The construction budget includes all Construction Manager fees, including pre-construction, construction,

and general conditions fees. Architect and consultant fees, furniture, fixtures and equipment (unless included in contract) costs, and reimbursable and miscellaneous costs are not considered as a part of the construction budget.

5. Proposed Schedule: To be determined in mutual cooperation between the District, Architect, and selected Construction Manager.

6. Special schedule considerations are as follows: a. It is intended that the selected Construction Manager will be brought in during the planning process and

will work in collaboration with the District and Architect to develop a reasonable schedule for all projects. The schedule will be finalized during the design phase of the projects.

b. The project is to be designed and built on a phased construction schedule to allow the continuation of daily activities across all instructional locations during the duration of the project.

c. It should be assumed that all or some work will be required in locations that are occupied and where education is taking place. All General Contractors and Subcontractors will be required to adhere to Owner Vendor Badging procedures.


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SUBMITTAL AND SELECTION PROCESS Submit One (1) original bound copy (clearly marked original), four (4) bound copies (clearly marked copy) and One (1) PDF searchable electronic copy of your firm’s Fee Proposals and Questionnaire Responses for which your firm is submitting by August 24, 2022 (2:00 PM). After publicly opening the fee proposals, initial evaluation of the questionnaire, and discussion and clarification of proposals with offerors, as requested, the Owner and its Architects will select not more than five firms. The Owner may, in its sole discretion, opt to notify short-listed firms via email correspondence. Provide up to 3 names/email addresses of individuals to be notified of their selection as a short-listed firm. Interviews may be conducted with the short-listed firms. The interview will be considered as a part of the evaluation process. In accordance with the selection schedule, if required, interviews will be conducted on August 29, 2022 through September 2, 2022. Owner Representatives, including the Architect, will participate in the interview process. The Offeror should bring no more than 5 individuals to the interview, which must include the project executive, project manager(s), estimator(s) and job superintendent(s) identified in the qualification proposal. Interviews, if conducted, will be up to 45 minutes including 30 minutes for the Construction Manager’s presentation and the remaining time for questions and discussion. Upon conclusion of the interviews, evaluation and ranking of firms will be finalized in accordance with the criteria contained in the RFP and determined to provide the best value for the Owner. Queries about the Project and Request for Fee Proposal should be addressed in e-mail format only to: Aron Lee, AIA, Principal Claycomb Associates, Inc. [email protected]

mailto:[email protected]


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CRITERIA FOR SELECTION Per the Texas Government Code 2269.055-056 and Subchapter F, Construction Manager at Risk Method, CISD shall consider the following selection criteria for evaluation of submissions:

(1) Fees and pricing; (2) offerors experience; (3) proposed personnel; (4) methodology; (5) other appropriate factors that demonstrate capability

THIS IS A NEGOTIATED PROCUREMENT. As such, award will not necessarily be made to the Construction Manager submitting the lowest fee/cost Proposal. The District shall, in its sole discretion, accept the Proposal it deems to be in the best interest of the District. Extrapolated from this list, the following specific questions will be considered in selecting the Construction Manager. Each question will be scored on a percentage basis. The cumulative total score for each section will be determined and used for that specific category.

1. Fees and Pricing: (20%) 1.1 See "Proposed Fees and Pricing" section for submission details.

2. Offeror’s Experience: (25%) 2.1 How substantial is the Proposer’s recent experience in the construction of projects of comparable

size and complexity and with Construction Manager at Risk delivery method? 2.2 How substantial is the Proposer’s experience in providing construction services for educational

facilities of comparable size, complexity? 2.3 Is the firm knowledgeable about and experienced in the Campbell, Texas construction market? 2.4 How long has the Proposer been in business providing the type of services sought by the Owner? 2.5 Has the Proposer worked for the Owner in the past? If so, when and in what capacity? Was that

work satisfactory to the Owner? Was that work finished in budget? Was that work finished on time?

2.6 Does the Construction Manager appear to have the capability to meet the Owner’s needs? 2.7 Did the references listed (both Owner’s and Architect’s) have a favorable experience with the

Proposer? Would they work with them again? How comparable was their project to the CISD projects?

2.8 Describe the warranty program the Construction Manager has in place.


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3. Proposed Personnel: (20%) 3.1 Is the Construction Manager proposing supervisory personnel for the job that are experienced in

similar educational facility projects and work on occupied locations? 3.2 Do the personnel proposed for the project appear to have the appropriate experience,

capabilities? 3.3 Have the proposed personnel demonstrated the ability to achieve quality work?

4. Methodology as a Construction Manager at Risk: (25%) 4.1 Does the description provided by the Proposer of its pre-construction services evidence both

understanding and capabilities of the process in general and as it applies to this specific project? 4.2 Does the Construction Manager appear to have the capability to meet the Owner’s schedule

objectives? 4.3 Does the Construction Manager demonstrate understanding of construction phasing for

instructional spaces and athletic venues on an active campus? 4.4 Is the format/nature of cost estimates prepared by the firm during the design phases

informative/useful for the Owner/Architect? 5. Other Appropriate Factors that Demonstrate Capability: (10%)

5.1 How substantial is the Proposer’s recent experience in providing pre-construction services for projects of comparable size and complexity?

5.2 Does the Proposer’s organizational structure, licensing and financial information indicate that the firm is capable of undertaking the project?

5.3 Offerors experience with similar projects or project management of similar projects. 5.4 Does the proposer have a good safety track record and processes in place to create a safe work

environment? 5.5 Does the Proposer have any recent claims or suits against them? 5.6 Are the referenced Request for Proposal documents complete and acceptable?


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PROPOSED FEES AND PRICING 1. General

This submission, one (1) original and one (1) copy, will be in a sealed envelope addressed to: Campbell Independent School District Attn: Dr. Denise Morgan, Superintendent 480 North Patterson Street Campbell, Texas 75422

Sealed Envelopes are to arrive no later than August 24, 2022 (2:00 PM), at which time they will be publicly opened and requested fees and prices shall be read aloud. No other information shall be made public until after a contract has been awarded.

2. Fees It is anticipated that the Owner will enter into a construction contract for the Work with the Construction Manager at Risk for a fee with a Guaranteed Maximum Price (GMP). All construction fees will be included in the GMP. The fee(s) shall be listed in both percent (%) and dollar amounts. (See attached Fee Proposal – Appendix D).

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

Construction Phase Services Fee To include overhead and profit to administer the project construction, including, but not limited to, the services listed below through the Construction Phase of the Project. (See attached Construction Services – Appendix B). The fee quoted will not include direct project management expenses (on-site personnel expenses) or direct project expenses. These items will be included as a part of the general conditions, determined as a part of the Negotiation Phase, and will be included as a part of the GMP. If savings are realized during construction, all funds shall be returned to the Owner.

3. General Conditions: Include an itemized cost breakdown of all General Conditions that will be applicable to the project. Include all site costs for the job personnel as well as all reimbursable overhead items. Include all bonds and insurance costs. The total amount shall be provided in both percent (%) and dollar amount for each package and shall be construed as a “not-to-exceed” amount for each phase. These figures will not be used in the evaluation but will be available to discuss during negotiations. General Conditions means on-site management, administrative personnel, insurance, bond, equipment, utilities and incidental work, including minor field labor and materials.

4. Bonds and Insurance A bid bond for the project shall be provided to ensure that the required performance and payment bonds


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for 100% of the GMP) will be furnished when the GMP for the project is established. Payment and performance bonds, along with proof of insurance and workers compensation coverage in the amounts specified in the Construction Documents, shall be provided within 10 days of project contract awards. In the event an Owner Controlled Insurance Program (“OCIP”) is utilized for these packages, appropriate adjustments must be made to all pricing estimates, the GMP and subsequent subcontractor proposals.

5. Evaluation and Ranking of Offerors: In evaluating the proposals to determine which provides the best value to the Owner, the Owner shall consider, the following criteria from Texas Government Code Chapter 2269. 5.1 Pricing weighted as previously noted for final evaluation purposes.

6. Negotiations The Owner shall first attempt to negotiate a contract with the offeror that submits the proposal that offers the best value to the Owner based on the proposed selection criteria. If the Owner is unable to negotiate a satisfactory contract with the selected offeror, the Owner shall, formally and in writing, end negotiations with such offeror and proceed to negotiate with the next offeror in the order of the selection ranking.

7. Contract for Pre-Construction Phase The selected Construction Manager at Risk shall be awarded a contract identifying all fees. Once a GMP is proposed and accepted by the Owner’s Board of Trustees, the contract will be amended to include and establish the GMP, which will include all pricing and fees to complete the project and any selected alternates. The Owner reserves the right not to proceed with the Construction Phase of any project for which an acceptable GMP cannot be mutually agreed, in which case the contract may be terminated pursuant to its terms.

8. Owner/Construction Manager Agreement: The Owner will use, as the core construction contract document with the Construction Manager, AIA document A133-2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor, where the basis of the payment is the Cost of Work Plus a Fee with a Guaranteed Maximum Price and along with AIA document A201‐2017 General Conditions of the Contract for Construction as modified by the Owner. These contracts will be modified/amended by the Owner’s legal counsel and provided prior to submission of Proposals. Any changes, modifications, or exceptions must be specifically noted, in writing, as a part of the proposal. Fee structures will be negotiated and contained as a part of the final agreement. As a part of your proposal indicate that, if selected, you will execute this contract, noting specific and detailed exceptions, in writing, as a part of the proposal. All requests for modifications will be through mutual agreement of the Owner and Construction Manager. In the event that an agreement cannot be reached, the Owner will terminate negotiations and begin negotiations with the next ranked firm that provides the best value to the Owner.


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QUESTIONNAIRE Please provide the following information in the sequence and format prescribed by this questionnaire. Supplemental materials providing additional information may be attached, but the information requested below is to be provided in this format. 1. Firm Information:

Name of firm: Address of principal office: Phone: Fax: Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other?): Year founded: Primary individual to contact:

2. Organization: 2.1 How many years has your organization been in business in construction in its current capacity? 2.2 How many years has your organization been in business under its present name? Under what

other or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: Date of incorporation, State of

incorporation, President’s name, Vice-President’s name(s), Secretary’s name, Treasurer’s name. Is it a publicly held corporation?

2.4 If your organization is a partnership, answer the following: Date of organization, type of partnership (if applicable), names of general partner(s).

2.5 If your organization is individually owned, answer the following: Date of organization, name of owner.

2.6 If the form of your organization is other than those listed above, describe it and name the principals.

3. Licensing: 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business

and indicate registration or license numbers, if applicable. 3.2 List jurisdictions in which your organization’s partnership or trade name is filed.

4. Financial Information: 4.1 Attach a financial statement, preferably audited, including your organization’s latest balance sheet

and income statement showing the following items: 4.1.1 Current assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable,

accrued income, deposits, materials inventory, and prepaid expenses). 4.1.2 Noncurrent assets (e.g., net fixed assets, other assets). 4.1.3 Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses,

provision for income taxes, advances, accrued salaries and accrued payroll taxes.)


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4.1.4 Noncurrent liabilities (e.g., notes payable). 4.1.5 Capital accounts and retained earnings (e.g., capital, capital stock, authorized and

outstanding shares par value, earned surplus and retained earnings). 4.2 Name and address of firm preparing attached financial statement and date thereof. 4.3 Is the attached financial statement for the identical organization names under item 1 above? If not,

explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary).

4.4 Will the organization whose financial statement is attached act as guarantor of the contract for construction?

4.5 Provide name, address, and telephone number for bank reference. 4.6 Surety: Name of bonding company, name and address of agent. Payment and Performance bonds

for 100% of the construction cost will be required upon submission of the GMP for each project contract. A bid bond will be required, with the submission of fees, to ensure that payment and performance bonds will be furnished when the GMP is established for each project.

5. Experience: 5.1 List the categories of work that your organization normally performs with its own forces. Would

you propose to do any work with your own forces or to bid all work to sub-contractors? 5.2 List any subcontractors in which your organization has some ownership and list the categories of

work those sub-contractors normally perform. 5.3 Current work:

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

5.4 Work over last 5 years: List major projects (specifically occupied educational facilities) constructed by your organization over the last 5 years. For each project, provide the name, nature of the project/function of the building, size (SF), location, cost, completion date, owner and architect, personnel assigned to the project, and the manner in which your organization was selected (procurement method).

5.5 Experience with CISD. 5.6 Owner Controlled Insurance Program:

List major projects constructed by your organization over the last 5 years in which an Owner Controlled Insurance Program was implemented.

6. Personnel: Given the scope and schedule of the projects, identify the specific Project Manager(s) to be on site, Project Engineer(s) to be on site, Superintendent(s) to be on site, Estimator, and all other supervisory positions to be on site who would work on the project. Provide a resume and references for each individual proposed for a project team. Provide individual teams and supporting information for respective projects if submitting for more than one project. Provide assurance that the identified team(s) will remain with this project


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throughout the course of the project including construction. The Owner reserves the right to name the assigned personnel into the contract for the duration of the contract.

7. Methodology and Experience working as a Construction Manager at Risk: 7.1 Describe your organization’s concepts for working in a team relationship with the Owner and

Architect during the design and construction of major projects. Describe your organization’s ability to recommend alternative approaches and products during the design phase to assist the Owner in maintaining the project budget. Describe your organization’s methods for estimating costs, and for scheduling during the design/document phases. Which (one or more) of your projects listed above best exemplify these concepts and experience?

7.2 Cost Estimates: Attach a sample conceptual cost estimate prepared during the design phase of a project, and a sample of the final cost estimate/breakdown used to fix the contract amount for the construction of the same project. (The identity of the project may be concealed. The intent is to see the nature and format of the cost information provided.). In addition, provide examples of cost estimates at the following milestones, as well as final GMP of the project: SD, DD, 50% CD, 75% CD, 100% GMP.

7.3 Schedules: Attach a sample of a construction schedule for the past 3 Athletic or Stadium projects completed. Include the initial schedule and the final schedule.

7.4 Constructability Reviews: Attach a sample constructability review prepared during the Construction Document Phase of a project. (The identity of the project may be concealed. The intent is to see the nature and format of the cost information provided.)

7.5 Savings: Describe your organization’s concept for the generation of savings during construction. Give specific examples of actions taken on previous projects that resulted in savings for the Owner.

7.6 Cost Information: Your firm would be required to make all cost information during design and construction available to Owner and Architect. Describe how this information would be furnished and how the Owner and Architect would be assured that it is complete and accurate.

8. References: For 6 of the projects listed above, identify a representative of the Owner and a representative of the Architect (provide name, phone/fax numbers, email addresses) who could be contacted as references regarding your organization’s services. The references should be for projects of comparable scope.

9. Other Factors: 9.1 Safety:

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

9.2 Claims and suits. (If the answer to any of the questions below is yes, please attach details.)


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9.2.1 Has your organization ever failed to complete any work awarded to it? 9.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding

against your organization or its officers? 9.2.3 Has your organization filed any lawsuits or requested arbitration or mediation with regard

to construction contracts within the last five years? 9.3 Within the last 5 years, has any officer or principal of your organization ever been an officer or

principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.)


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Appendix A PRE-CONSTRUCTION SERVICES 1. The Construction Manager will provide the following:

a. The Construction Manager will be coming on board during the planning and design phase. It is anticipated that the Construction Manager will need to attend all design meetings and other meetings if deemed necessary by the Owner. The Owner, Architect, and Construction Manager shall mutually collaborate to develop a thorough overview of the project.

b. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, phasing of the various project issues, selection of materials, building systems and equipment.

c. The Construction Manager shall prepare a preliminary project schedule for the Architect’s review and the Owner’s approval, the preliminary project schedule shall indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, and submittal of the Guaranteed Maximum Price (GMP) proposal.

d. The Construction Manager shall prepare a cost estimate with supporting data for review by the Owner and Architect.

e. When the construction drawings and specifications are 100 percent complete, the Construction Manager shall propose a GMP, which shall be the sum of the estimated Cost of the Work and the Construction Manager’s Fee and General Conditions. The GMP shall include the pricing of alternates, as applicable.

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

g. After the GMP has been established the Construction Manager at Risk shall publicly advertise in accordance with Texas Government Code section 2269.255 and otherwise comply with sections 2269.255 and 2269.256 of the Texas Government Code.

h. In soliciting Competitive Sealed Proposals from subcontractors, the Construction Manager shall: 1. Receive at least three (3) proposals from qualified subcontractors and suppliers for each section of

the work. 2. If the Construction Manager is self-performing any work, their proposal shall be received by CISD’s

Purchasing Department 24 hours prior to the competitive sealed proposals for the GMP. These proposal(s) shall be in a sealed envelope.

3. Review proposals with Owner and Architect, prior to award of subcontracts.


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Appendix B CONSTRUCTION PHASE SERVICES

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

• Establish the BUDGET BY BID PACKAGES • Prepare a detailed SCHEDULE derived from detailed quantities for each bid package to satisfy milestones. • SITE UTILIZATION STUDY

o Coordinate with Owner to establish mobilization and plan logistical requirements. of all parties onsite for each phase of construction and or as routes change to ensure safety and weather protection of the students and staff.

o Project office and material staging locations. o Ingress, egress. o Security requirements of Owner.

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

o Implement Partnering Program if Owner elects to do so. o Establish quality requirements and standards. o Review sequence and schedule. o Identify accounting requirements. o Review insurance requirements. o Review safety and security requirements.


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o Recommend award of contracts. • PREPARE AND ISSUE AS CONSTRUCTION MANAGER (or for the Owner):

o Contracts. o Rental agreements. o Budget adjustments for all transactions. o Computerized accounting for tracking and projections.

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

• MONTHLY REPORT: o Summarize project financial status. o Review and summarize past month’s construction performance. o Project the coming month’s construction activities. o Present status report on change orders - delays and time extensions.


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o Identify problems that threaten construction quality, cost and schedule. • Provide CHANGE ORDER CONTROL:

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

• Establish a QUALITY MANAGEMENT PROGRAM: o All members of the team participate in the quality control effort. o Project Scope Review: Intended purpose. Are the project needs met? Existing conditions reviewed. Phasing and Warranty coordination Future needs.

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

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

o Coordinate schedule and assist independent testing and inspection agencies selected by the Owner, involving the following work: Underground piping Soils Concrete Rebar Miscellaneous steel Structural steel


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Mechanical systems Electrical Life safety systems Energy management systems Others as required Work with area superintendents of subcontractors Prepare operations to minimize quality control problems Require formalized quality management program from subcontractors: Ensure conformance to project’s quality standards previously established. Follow-up to assure correction of deficiencies on test reports

• ACCOUNTING Functions: o Insurance requirements o Schedule of values review o Labor cost reports o Material cost reports o Unit cost reports o Monthly detail cost sheet o Monthly job costs o Accounts payable o Monthly project billing o Audits and Records. CISD and the State Auditor’s Office may inspect, verify, and audit all information

created or maintained by the Construction Manager at Risk or its subcontractors, agents, and consultants relating to the Project, including but not limited to information relating to the Construction Manager at Risk's costs, reimbursable expenses, payments, billings, certificates, accountings, and statements, including those relating to General Conditions and self-performed work, as well as any other correspondence, books, records, documents, and electronic data, of any kind, relating to the Project, at any time, whether before or after payment therefore, by (i) inspecting the books and records of the Construction Manager at Risk during normal business hours; (ii) examining any reports with respect to this Project; (iii) interviewing the Construction Manager at Risk’s business employees; (iv) visiting the Project Site; and (v) other reasonable actions. Such information shall be available and open to review, inspection, and audit by CISD or its representatives at any place(s) where such information is kept or at CISD’s place of business, if requested by CISD. Required financial and other records, including supporting documentation, shall be provided electronically to CISD or its designated representative(s) or to the State Auditor’s Office within five (5) business days of a request for records and at no expense to CISD. Final payment and retainage under this Contract will not be made until any audit under this Section has been completed and all issues resolved. The Construction Manager at Risk and its subcontractors, agents, and consultants shall keep all such records until the final completion of construction and then for a minimum of forty-eight (48) months after the later of the date


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that Final Payment has been made or the Work is complete unless CISD otherwise instructs the Construction Manager at Risk in writing. The Construction Manager at Risk shall provide in all of its agreements and subcontracts a written statement indicating that CISD and the State Auditor’s Office are entitled to audit and inspect all such information under the conditions set forth in this Contract. CISD is not obligated to make the Final Payment, including release of retainage, until the Construction Manager at Risk or its Sub-contractors, agents and consultants have complied with the audit rights set out in this Contract, including providing documents and information requested for audit purposes, and the amounts payable have been verified by CISD’s representatives. CISD reserves the right to perform audits (including any and all methods and tasks described in this Section) under this Contract (including audits of the Construction Manager at Risk’s related agreements and subcontracts) (i) in the interim, at any time during the Work; and (ii) after the Work is complete, at any time during the period records are required to be maintained under this Contract. If an audit is in progress as of the date of expiration of the time period during which records are required to be maintained under this Contract, is granted a reasonable amount of time to complete the audit, and the records shall be preserved and made available to CISD until the audit is complete.

• JOB SAFETY Objectives: o Conduct weekly safety meeting: Implement project safety requirements. Review sub-contractor safety programs.

o Sub-contractor conformance, initiate knowledge of OSHA requirements: Sub-contractor responsible for costs and damages. Submission of accident and injury reports. Sub-contractor safety programs Require sub-contractor safety representative. Require forty-eight-hour reports. Require weekly toolbox safety meeting.

o Maintain safety meeting minutes: Inform sub-contractors of procedures

o Enforce alcohol and drug programs by sub-contractors. o Implement and maintain clean-up.

• JOBSITE SECURITY Functions: o Monitor and control employee, vendor and public access to the jobsite. o Monitor and control material and equipment deliveries to the jobsite. o Monitor and control material and equipment being removed from jobsite o through a material release form. o Monitor and control site traffic. o Monitor and perform periodic checks for alcohol and drugs.


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o Monitor and control tools. o Monitor material storage. o Monitor trailers and all equipment within. o Maintain proficiency first-aid and CPR programs. o Monitor compliance with Owner’s No Smoking policy. o Monitor compliance with Owner’s weapon-free zones. o Monitor and control employee, vendor access or interaction with students and staff. o Monitor and control compliance with Owner’s harassment-free environment for students and staff. o Monitor and control employee, vendor theft.

• HUMAN RESOURCES: o As Construction Manager, provide assistance and policies on Equal Employment Opportunity, minority

and women-owned business enterprises, sexual harassment or discrimination, drug abuse program, labor relations, employment transfers or reassignments and assuring proper personnel for project requirements.

• PROJECT POST CONSTRUCTION Services: o Provide operating and maintenance manuals. o Secure and assemble warranties or guarantees. o Provide check-out of equipment. o Instruct operating personnel in equipment operating and maintenance procedures. o Assist in actual start-up of equipment. o Implement close-out procedures and ensure requirements are met: o Subcontractors’ and vendors’ final payment o Resolution of claims o Final change orders o Lien releases o Final lien waivers o Consent of sureties o Assist Owner in enforcement of warranties or guaranties. o Conduct walk-through with Owner, Architect and Contractor eleven months after project completion.


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Appendix C CMAR CERTIFICATION

1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFP and Contract.

2. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform

the requirements, specifications, terms, and conditions of the RFP and the Contract. Further, if awarded, Proposer agrees to perform the requirements, specifications, terms, and conditions of the RFP and Contract.

3. All statements, information, and representations prepared and submitted in response to the RFP

are current, complete, true, and accurate. Proposer acknowledges that CISD will rely on such statements, information, and representations in selecting the successful proposer(s).

4. Submission of Proposal indicates the Proposer’s acceptance of the evaluation technique and

the Proposer’s recognition that some subjective judgments may be made by CISD as part of the evaluation.

5. That all of the requirements of the RFP and Contract have been read and understood. In addition,

CISD will assume Proposer’s compliance with all requirements, terms, and conditions if not otherwise noted as an exception.

6. Proposer acknowledges that the Contract may be canceled if any conflict of interest or appearance

of a conflict of interest is discovered by CISD, in its sole discretion.

7. The undersigned, by his/her signature, represents that he/she is authorized to bind the offeror to fully comply with the terms and conditions of this Request for Fee Proposals, including all forms and attachments included and/or referenced herein.

NOTE: Offeror is strongly encouraged to read the entire Request for Fee Proposals prior to submitting. Failure to provide any of the requested information, in part or its entirety may be grounds for disqualification of response.


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Appendix D

FEE PROPOSAL

Proposal Name: Construction Manager at Risk Services for New Construction & Facilities Renovations

Proposal Number: 1 Name of Proposer: ____________________________________________________________________ Acknowledgement of Addenda: _____ Proposer acknowledges receipt of Addenda Nos. ___ through ___ and that the Proposals contained

herein are offered in after review and consideration of the same. _____ To the best of the Proposer’s knowledge, no Addenda has been issued.

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. (See Pre-Construction Services List – Appendix A for more information regarding Pre-Construction Guidelines.) However, if the Construction Phase does not commence for any reason, payment to the Construction Manager for pre-construction services shall be the necessary and reasonable cost of such services, not to exceed the lump sum below. CONSTRUCTION SERVICES FEE (This fee shall not include general conditions) - For overhead and profit and all preconstruction services, list your proposed fee as a percentage of the Cost of the Work. (See attached Construction Services – Appendix B for more information regarding Construction Services Guidelines). Pre-construction Fee:

Numerical Dollars: _______________________________________________________________

Written in Words: ________________________________________________________________

Construction Services Fee:

Construction Services Fee: % Numerical Dollars:

Must certify with a manual signature: Authorized Signature: ________________________________________________ Printed Name: _____________________________________________________


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Appendix E

GENERAL CONTRACTOR WAGE RATE SCHEDULE Offeror will provide hourly rate for the services outlined in this RFQ. Successful proposers shall pay at least the minimum wage rate set forth in the Davis-Bacon Act Prevailing Wage Rate Schedule found at: https://sam.gov/content/home ascertained and adopted by the Board of Trustees to all employees and sub-contractors performing work on this project and in no event shall the successful proposer pay less than the rate adopted.

PREVAILING WAGE RATES In compliance with laws of the State of Texas relating to Labor, Owner has ascertained and determined that wage rates in Campbell Independent School District, Texas for various crafts are as follows: Classification(s) Rates

Asbestos Worker/Heat & Frost Insulator (Duct, Pipe and Mechanical System Insulation)

$25.87

Boiler Maker $29.47 Millwright $29.58 Elevator Mechanic $45.54 Power Equipment Operator

(1) Tower Crane (2) Cranes with Pile Driving or Caisson

Attachment and Hydraulic Crane 60 Tons and Above

(3) Hydraulic Cranes 59 Tons and Under

$32.85

$28.75 $32.35

Ironworker (Ornamental and Structural) $27.14 HVAC Mechanic (HVAC Unit Installation Only) Pipefitter (Excludes HVAC Pipe Installation)

$34.48 $34.48

Bricklayer $19.89 Carpenter (Excludes Drywall Hanging, Form Work, and Metal Stud Installation)

$16.62

Caulker $15.16 Cement Mason / Concrete Finisher $13.21 Drywall Hanger And Metal Stud Installer $15.42 Electrician (Alarm Installation Only) $20.93 Electrician (Communication Technician Only) $17.62 Electrician (Low Voltage Wiring Only) $17.97 Electrician (Excludes Low Voltage Wiring and Installation of Alarms/Sound and Communication Systems)

$20.65

Form Worker $12.13 Glazier $16.55 Highway/Parking Lot Striping:

Operator (Striping Machine)

$10.04 Installer – Siding

(Metal/Aluminum/Vinyl)

$14.74 Installer - Sign $15.61 Insulator - Batt $13.00

https://sam.gov/content/home


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Ironworker, Reinforcing $12.37 Laborer: Common or General $11.25 Laborer: Mason Tender – Brick $10.54 Laborer: Mason Tender – Cement / Concrete $10.75 Laborer: Pipelayer $13.00 Laborer: Plaster Tender $12.22 Laborer: Roof Tearoff $11.28 Laborer: Landscape and Irrigation $11.09 Lather $16.00 Operator: Backhoe/Excavator/Trackhoe $12.83 Operator: Bobcat/Skid Steer/Skid Loader $13.93 Operator: Bulldozer $18.29 Operator: Drill $15.69 Operator: Forklift $13.21 Operator: Grader/Blade $12.96 Operator: Loader $13.46 Operator: Mechanic $17.52 Operator: Paver (Asphalt, Aggregate, and Concrete) $18.44 Operator: Roller $15.04 Painter (Brush, Roller, and Spray), Excludes Drywall Finishing/Taping

$13.21

Painter: Drywall Finishing/Taping Only $13.76 Plasterer $15.75 Plumber (HVAC Pipe Installation Only $22.16 Plumber, Excludes HVAC Pipe Installation $22.31 Roofer $17.19 Sheet Metal Worker (HVAC Duct Installation Only) $20.88 Sheet Metal Worker (Excludes HVAC Duct Installation) $24.88 Sprinkler Fitter (Fire Sprinklers) $22.94 Tile Finisher $11.22 Tile Setter $14.25 Truck Driver: 1/Single Axle Truck $16.40 Truck Driver: Dump Truck $12.39 Truck Driver: Flatbed Truck $19.65 Truck Driver: Semi-Trailer Truck $12.50 Truck Driver: Water Truck $12.00 Welders Receive rate

prescribed for craft performing operation to which welding is incidental.

*Rates referenced from Prevailing Wage Rates for Building Construction for Hunt, Kaufman, Rockwall Counties from the U.S. Department of Labor in accordance with the Davis-Bacon Act. (August 5, 2022).


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FORM A: VENDOR INFORMATION Some of the following questions may duplicated elsewhere in the RFP. LEGAL NAME OF VENDOR: __________________________________________________________________________________ DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: ____________________________________________________________ TYPE OF BUSINESS/DESCRIPTION OF PRODUCTS AND/OR SERVICES PROVIDED: _________________________________

______________________________________________________________________________

VENDOR MAILING ADDRESS: ________________________________________________________________________________

CITY: __________________________________ STATE: __________________ ZIP CODE: ___________________________

VENDOR STREET ADDRESS: ________________________________________________________________________________

CITY: ___________________________________ STATE: _________________ ZIP CODE: ___________________________ TELEPHONE: ___________________________________________ FAX: __________________________________________

CONTACT PERSON’S NAME: ________________________________________________________________________________ CONTACT PERSON’S TELEPHONE NUMBER: ____________________________ FAX: ___________________________________ CONTACT PERSON’S E-MAIL ADDRESS: ________________________________________________________________________

1. TYPE OF BUSINESS ENTITY: ☐ PUBLICLY TRADED CORPORATION ☐ PRIVATE CORPORATION ☐ LIMITED PARTNERSHIP

☐ PARTNERSHIP ☐ SOLE PROPRIETORSHIP ☐ NOT FOR PROFIT ENTITY

2. NUMBER OF FULL TIME EMPLOYEES: ______________________ NUMBER OF PART TIME EMPLOYEES: _______________________

3. IS VENDOR A RESIDENT BIDDER? ☐ YES ☐ NO A RESIDENT BIDDER REFERS TO A PERSON WHOSE PRINCIPAL PLACE OF BUSINESS IN THE STATE OF TEXAS, INCLUDING A VENDOR WHOSE ULTIMATE PARENT COMPANY OR MAJORITY OWNER HAS ITS PRINCIPAL PLACE OF BUSINESS IN THIS STATE.

4. CITY AND STATE OF VENDOR'S PRINCIPAL PLACE OF BUSINESS: _______________________________________________________ IF NOT TEXAS, DOES THE STATE HAVE PREFERENTIAL TREATMENT ON BIDS? ☐ YES ☐ NO IF YES, WHAT PERCENTAGE: _________________%

5. NUMBER OF YEARS VENDOR HAS BEEN IN CONTINUOUS OPERATION: ____________________________________________________

6. NUMBER OF YEARS VENDOR HAS BEEN IN BUSINESS UNDER ITS PRESENT BUSINESS NAME: ___________________________________

7. DOES VENDOR HAVE A PARENT COMPANY OR SUBSIDIARY THAT CURRENTLY CONDUCTS OR THAT HAS PREVIOUSLY CONDUCTED BUSINESS WITH THE DISTRICT? ☐ YES ☐ NO

IF YES, NAME OF PARENT COMPANY AND/OR SUBSIDIARY: ____________________________________________________

______________________________________________________________________________________________


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8. DOES ANY OFFICER, PARTNER, OWNER, SALES REPRESENTATIVE AND/OR SPOUSE WORK FOR CISD? ☐ YES ☐ NO

9. DOES VENDOR HAVE ANY OWNERS, PRINCIPAL SHAREHOLDERS OR STOCKHOLDERS, OFFICERS, AGENTS, SALESPEOPLE OR KEY EMPLOYEES WHO ARE DISTRICT EMPLOYEES OR WHO ARE MEMBERS OF A DISTRICT EMPLOYEE’S IMMEDIATE FAMILY WHO EITHER WORK OR WHO MAY POTENTIALLY WORK ON THIS CONTRACT WITH THE DISTRICT? ☐ YES ☐ NO

IF YES, NAME(S) AND TITLE(S): ________________________________________________________________________

______________________________________________________________________________________________

10. HAS VENDOR (INCLUDING ANY OWNER, PRINCIPAL SHAREHOLDER OR STOCKHOLDER, OFFICER, AGENT, SALESPERSON, OR EMPLOYEE) BEEN INVOLVED IN PAST, PENDING, OR PRESENT LITIGATION INVOLVING THE DISTRICT OR ANOTHER GOVERNMENTAL ENTITY? ☐ YES ☐ NO

IF YES, PLEASE PROVIDE THE STYLE AND STATUS OF THE CASE AS WELL AS THE TYPE OF LITIGATION: ____________________

______________________________________________________________________________________________

11. CISD CAN ONLY DO BUSINESS WITH EQUAL OPPORTUNITY EMPLOYERS.

DO YOU ADVERTISE AS AN EQUAL OPPORTUNITY EMPLOYER? ☐ YES ☐ NO

DO YOU HAVE A WRITTEN NON-DISCRIMINATORY POLICY OF EMPLOYMENT? ☐ YES ☐ NO

HAS THIS POLICY BEEN CIRCULATED THROUGHOUT YOUR ORGANIZATION? ☐ YES ☐ NO

PERSON TO CONTACT REGARDING EQUAL OPPORTUNITY INFORMATION ISSUES:

NAME: _______________________________________ TITLE: ____________________________________

12. DOES VENDOR HAVE E-COMMERCE CAPABILITY? ☐ YES ☐ NO

I ATTEST THAT I HAVE ANSWERED THE QUESTIONS REGARDING VENDOR INFORMATION TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.

______________________________________________ OFFICER’S SIGNATURE ______________________________________________ PRINTED NAME ______________________________________________ TITLE


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FORM B: PROPOSER’S GENERAL REPRESENTATIONS ACKNOWLEDGEMENTS AND CERTIFICATIONS

Vendor shall initial in the column next to the representation to indicate its acknowledgement, agreement and/or certification, as requested.

1

_____ (initial)

Family Code Sec.231.006 Certification. In accordance with Section 231.006 of the Texas Family Code, to the extent applicable to this Agreement, the Proposer certifies that the individual or business entity named in its RFP Proposal submission is not ineligible to receive the payments under a contract entered into as a result of this RFP and acknowledges that any contract entered into as a result its selection under this RFP may be terminated and payment withheld if this certification is inaccurate.

2

_____ (initial)

Authorization, Permits, and Business Certificates Requirement. For the duration of the Contract, Vendor must have and maintain current licenses, permits, fees, business certificates and similar authorizations required by the City of Campbell, Hunt County, and the State of Texas to conduct business and provide awarded goods and/or services to the District. Upon the request of the District, Vendor shall provide copies of all licenses, business certificates permits and fees as being paid and current that are required to do business by the city, county and State for the type of business Vendor provides, or seeks to provide, to the District.

3

_____ (initial)

Antitrust Certification Statement. Vendor affirms under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this RFP Proposal on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Vendor) listed below; (2) In connection with this bid, neither I nor any representative of the Vendor have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Vendor have violated any federal antitrust law; and (4) Neither I nor any representative of the Vendor have directly or indirectly communicated any of the contents of this bid to a competitor of the Vendor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Vendor.

4

_____ (initial)

Certification of Felony Conviction Notification. Pursuant to section 44.034 of the Texas Education Code, a person or business entity entering into a contract and/or agreement with CISD must give advance notice to CISD if the person or an owner or operator of the business entity has been convicted of a felony. The disclosure should include a general description of the conduction resulting in the conviction of a felony. CISD may terminate a contract with a person of business entity if CISD determines that the person or the business entity failed to give notice as required by section 44.034 or misrepresented the conduct resulting in the conviction. In such a case, CISD will 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 check the following as applicable:

☐ Vendor is a publicly held corporation; therefore, the above reporting requirement does not apply.

☐ Vendor is not owned nor operated by anyone who has been convicted of a felony.

☐ Vendor is operated or owned by the following individual(s) who has/have been convicted of a felony:

Name of Individual(s): __________________________________________________________

Detail of conviction(s), attach additional pages if necessary: ___________________________________________________________________________

____________________________________________________________________________


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5 _____ (initial)

Certification of Insurance Requirement. I, the undersigned Vendor, do hereby certify that I shall maintain all insurance policies required by and in accordance with the insurance section(s) of this RFP. I further understand and agree that I must make the certificates of insurance and insurance policies available to CISD upon request.

6

_____ (initial)

Certification Regarding Terrorism. Pursuant to Sections 2252.151-.154 of the Texas Government Code, the vendor hereby certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State under federal law.

7

_____ (initial)

Certification Regarding Boycotting Israel. If (a) Contractor is not a sole proprietorship; (b) Contractor has ten (10) or more full-time employees; and (c) this Agreement has a value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pursuant to Chapter 2270 of the Texas Government Code, the Contractor hereby certifies and verifies that neither the Contractor, nor any affiliate, subsidiary, or parent company of the Contractor, if any (the “Contractor Companies”), boycotts Israel, and the Contractor agrees that the Contractor and Contractor Companies will not boycott Israel during the term of this Agreement. For purposes of this Agreement, the term “boycott” shall mean and include refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

8 _____ (initial)

Certification Regarding Boycotting Certain Energy Companies. If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See TEX. GOV’T CODE § 809.001(1).

9 _____ (initial)

Certification Prohibiting Discrimination Against Firearm and Ammunition Industries. If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under TEX. GOV’T CODE § 2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See TEX. GOV’T CODE § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship,


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or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See TEX. GOV’T CODE § 2274.001(3) of SB 19.

10 _____ (initial)

Certification Regarding Certain Foreign-Owned Companies in Connection with Critical Infrastructure. Campbell ISD is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the Campbell ISD for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

11 _____ (initial)

Certification Regarding Contracting Information. If Vendor is not a governmental body and (a) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by CISD; or (b) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by CISD in a fiscal year of CISD, the following certification shall apply; otherwise, this certification is not required. As required by Tex. Gov’t Code § 552.372(b), the following statement is included in the RFP and the Agreement (unless the Agreement is (1) related to the purchase or underwriting of a public security; (2) is or may be used as collateral on a loan; or (3) proceeds from which are used to pay debt service of a public security of loan): “The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and Agreement and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.” Pursuant to Subchapter J, Chapter 552, Texas Government Code, the Vendor hereby certifies and agrees to (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to CISD for the duration of the Agreement; (2) promptly provide to CISD any contracting information related to the Agreement that is in the custody or possession of the Vendor on request of CISD; and (3) on completion of the Agreement, either (a) provide at no cost to CISD all contracting information related to the Agreement that is in the custody or possession of Vendor, or (b) preserve the contracting information related to the Agreement as provided by the records retention requirements applicable to CISD.

12

_____ (initial)

Disclosure Of Interested Parties. Texas Government Code, Section 2252.908 requires that Disclosure of Interested Parties using the form and procedure established by the Texas Ethics Commission, to be filed with the District at the same time it submits the signed contract, if (1) the contract award requires action or a vote by the Board of Trustees; (2) the value of the contract awarded as a result of the solicitation is at least one million dollars ($1,000,000.00); or (3) the contract is for services that would require a person to register as a lobbyist under Tex Gov’t Code Chapter 305. The form requires disclosure of any “interested party” to the contract of which the contracting business entity is aware, and must be signed by an authorized agent of the contracting business entity acknowledging that disclosure. Proposer agrees that upon notification of award and of the applicability of this requirement, it will timely comply with the filing requirements set forth by the Commission and required by Section 2252.908 of the Texas Government Code.

13 ____

(initial)

____

(initial)

Compliance with District Policies and Decorum on District Campuses. Vendor acknowledges that the work and delivery of goods solicited under this RFP may be performed in connection with an educational facility that is currently occupied and in use. Vendor agrees to and shall comply with all rules, regulations, policies and requirements of the District and the school campus on which work is to be performed, and shall take all steps necessary to protect and guard the safety of the employees, students and invitees of District.

Vendor recognizes that the ongoing school activities in proximity with its onsite activities requires the need for prompt and effective coordination of its services with those involved in the ongoing utilization of the premises. Vendor’s deliveries and/or performance of services will be scheduled so as not to interfere with, interrupt, disturb,


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_____ (initial)

_____ (initial)

or disrupt District’s normal operations or facilities.

The Vendor recognizes that the site is a public-school campus. Vendor understands that under the required Contract, the Vendor will be responsible for the actions of its employees and any contractor working for the Vendor under contact. Vendor certifies that it shall: a. not permit employment of unfit persons or persons not skilled in tasks assigned to them; b. prohibit the possession or use of alcohol, controlled substances, tobacco (including e-cigarettes); c. prohibit the possession of any weapons on a school site or in cars of employees or contractors of Vendor, regardless of whether the owner of the weapon has permit to open or concealed carry a weapon; and d. require adequate dress of the Vendor’s forces consistent with the nature of the work being performed. Vendor understands and acknowledges that Vendor and Vendor’s employees will be required to obtain a temporary badge from the CISD Maintenance Department while on the District’s property. A photo ID, preferably a driver’s license, will be required for issuance of the badge. Badges shall be returned to CISD Maintenance Department upon completion of project.

14

_____ (initial)

Certification of Non-Collusion. I, the undersigned Vendor, do hereby certify that:

a) All statements of fact in such proposal are true. b) Such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership,

company, association, organization or corporation. c) Such Proposal is genuine and not collusive or sham. d) Vendor has not, directly or indirectly by agreement, communication or conference with anyone,

attempted to induce action prejudicial to the interest of the District or of any other bidder or anyone else interested in the proposed procurement.

e) Vendor did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.

f) Vendor did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else.

g) Vendor did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information on data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the District, or to any person or persons who have a partnership or other financial interest with said Proposer in his business.

h) Vendor did not provide, directly or indirectly to any officer or employee of the District any gratuity, entertainment, meals, or anything of value, whatsoever, which could be construed as intending to invoke any form of reciprocation or favorable treatment.

i) No officer or principal of the undersigned Vendor is related to any officer or employee of the District by blood or marriage within the third degree or is employed, either full or part time, by the District either currently or within the last two (2) years.

j) No officer or principal of the undersigned Vendor nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal anti-trust law in connection with the bidding, award of, or performance of any public work contract and/or agreement with any public entity.

k) I have answered the questions regarding non-collusion truthfully and to the best of my knowledge.

By his/her signature below the Authorized Signatory for Vendor who completed this form confirms the foregoing representations, certifications, acknowledgements and agreements. Vendor’s Name: _______________________________________________________________________________________

Signature of Authorized Representative Completing this Form: _________________________________________Date: ____________________


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FORM C: CONFLICT OF INTEREST INSTRUCTION AND

QUESTIONNAIRE (FORM CIQ)

I. CONFLICT OF INTEREST STATEMENT CISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. CISD local government officers must disclose conflicts of interest by completing Form CIS, Local Government Officer Conflicts Disclosure Statement.

II. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) INSTRUCTIONS

CISD is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. H.B. 23 significantly changed the laws relating to Conflict of Interest Disclosures as well as the corresponding forms and required disclosures. As of September 1, 2015, Vendor must sign and complete the new Conflict of Interest Questionnaire (CIQ) and submit the CIQ with its proposal. In accordance with Chapter 176 of the Texas Local Government Code, any vendor who does business with CISD or who seeks to do business with CISD must fill out the new Conflict of Interest Questionnaire (CIQ) whether or not a conflict of interest exists. A conflict of interest exists in the following situations:

1) If the vendor has an employment or other business relationship with a local government officer of CISD or a family member of the officer, as described by section 176.003(a)(2)(A) of the Texas Local Government Code; or

2) If the vendor given a local government officer of CISD, or a family member of the officer, one or more gifts with the aggregate value of $100, excluding any gift accepted by the officer or a family member of the officer if the gift is: (a) a political contribution as defined by Title 15 of the Election Code; or (b) a gift of food accepted as a guest; or

3) If the vendor a family relationship with a local government officer of CISD.

“Vendor” means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent of a vendor. The term includes an officer or employee of a state agency when that individual is acting in a private capacity to enter into a contract. The term does not include a state agency except for Texas Correctional Industries. Texas Local Government Code 176.001(7).

“Business relationship” means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Texas Local Government Code 176.001(3).

“Local government officer” means: (A) a member of the governing body of a local governmental entity; (B) a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or (C) an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. Texas Local Government Code 176.001(4).

• CISD Board of Trustees and Superintendent include: Teresa Crow Steve Gilcrest J D Dart Frank Owens Tim Dorner Jason Fields Dr. Denise Morgan, Superintendent

• Current local government officers include, but are not limited to: Hubert Bares


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“Family relationship” means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Texas Local Government Code 176.001(2-a).

VENDOR MUST SIGN AND SUBMIT FORM CIQ EVEN IF NO CONFLICT EXISTS. If no conflict exists, Vendor must fill out Box 1 and write N/A in Box 3.

I hereby certify that I have read Form C, Section II, Conflict of Interest Questionnaire (CIQ) Instructions, and I agree and understand that the failure to disclose a conflict of interest and/or the failure to sign and submit Form CIQ, even if no conflict exists, with this proposal may result in disqualification. Name of Authorized Representative: _______________________________________________________________________ Signature of Authorized Representative: ___________________________________________________________________

Date: __________________________


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FORM D: CONFIDENTIALITY DECLARATION FORM

INFORMATION SUBMITTED TO CAMPBELL ISD IN CONNECTION WITH THIS PROCUREMENT SOLICITATION OR THE AGREEMENT IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 As a governmental body, CISD is subject to the Texas Public Information Act found in Chapter 552, Texas Government Code. Proposals and other information submitted to CISD in connection with this procurement solicitation or the Agreement may be subject to release as public information. If a Vendor believes that part(s) of its proposal or any other information submitted by Vendor to CISD in connection with this procurement solicitation or the Agreement contain confidential, proprietary, and/or trade secret information or otherwise may be excepted from disclosure under Texas law, the Vendor must clearly and conspicuously mark the applicable information as “CONFIDENTIAL.” Marking information as “CONFIDENTIAL” does not guarantee that the information will be withheld from disclosure. If CISD receives a request for public information involving information that Vendor has clearly and conspicuously marked as “CONFIDENTIAL,” CISD will respond pursuant to Chapter 552, Texas Government Code, which may or may not require that CISD provide notice of the request to Vendor. Vendor understands and agrees that it is solely responsible for submitting to the Attorney General of Texas each reason why the requested information should be withheld and a letter, memorandum, or brief in support of that reason. Pursuant to Tex. Gov’t Code § 552.0222, “contracting information”1 is public and must be released unless excepted from disclosure under Chapter 552. The exceptions provided by Chapter 552 for disclosure for proprietary information (552.1101), commercial or financial information that would cause substantial competitive harm if released (552.110(c)), or trade secrets (552.110(b)) may not be asserted for the following types of contracting information:

(1) the following contract or offer terms or their functional equivalent: (A) any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price; (B) a description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract; (C) the delivery and service deadlines; (D) the remedies for breach of contract; (E) the identity of all parties to the contract; (F) the identity of all subcontractors in a contract; (G) the affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor; (H) the execution dates; (I) the effective dates; and (J) the contract duration terms, including any extension options; or

(2) information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding: (A) a breach of contract; (B) a contract variance or exception; (C) a remedial action; (D) an amendment to a contract; (E) any assessed or paid liquidated damages; (F) a key measures report; (G) a progress report; and (H) a final payment checklist.

CISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Vendors, and Vendor hereby waives any claim against and releases from liability CISD, its respective officers, employees, agents, and attorneys with respect to disclosure of information provided under or in connection with this procurement solicitation or the Agreement or otherwise created, assembled, maintained, or held by Vendor or CISD and determined by CISD, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act. Further, even if Vendor marks information as “CONFIDENTIAL,” Vendor expressly agrees that CISD may disclose Vendor’s proposal, including, but not limited to, pricing information, to other governmental entities. Please check ONLY ONE of the following options: ____ Declaration of Confidentiality – Vendor HAS clearly and conspicuously marked information contained in its proposal

and/or other information submitted by Vendor to CISD in connection with this procurement solicitation or the Agreement as “CONFIDENTIAL.” Vendor declares that the information marked by Vendor as “CONFIDENTIAL” contains confidential, proprietary, and/or trade secret information and is excepted from disclosure under Chapter 552, Texas Government Code.

____ Waiver of Confidentiality – Vendor HAS NOT marked any information contained in its proposal and/or other information

submitted by Vendor to CISD in connection with this procurement solicitation or the Agreement as “CONFIDENTIAL.” Vendor certifies that it has not submitted any confidential, proprietary, and/or trade secret information to CISD and that its proposal and all other information—including any pricing information—submitted by Vendor to CISD in connection

1 “Contracting information” is defined by Tex. Gov’t Code § 552.003(7) as “the following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor: (A) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; (B) solicitation or bid documents relating to a contract with a governmental body; (C) communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract; (D) documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and (E) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.”


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with this procurement solicitation or the Agreement is subject to disclosure under Chapter 552, Texas Government Code. Vendor hereby expressly waives any claim of confidentiality with respect to its proposal and/or any other information submitted by Vendor to CISD in connection with this procurement solicitation or the Agreement.

___________________________________ Vendor Name ___________________________________ Printed Name of Authorized Officer/Representative of Vendor ___________________________________ Title ___________________________________ ___________________ Signature Date


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FORM E: CONTRACTOR / SUBCONTRACTOR CERTIFICATION: CRIMINAL HISTORY RECORDS

Ch. 22 Criminal History Records Contractor Certification: Contractor/Subcontractor Employees Background: Texas Education Code Chapter 22 requires that criminal history records be obtained regarding covered employees of entities that contract with school districts (“Contractors”) and entities that contract with school district contractors (“Subcontractors”). Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors shall (1) complete this form certifying compliance with the requirements of Texas Education Code Chapter 22 to CISD; and (2) provide a copy of this form to each subcontractor for completion certifying compliance with the requirements of Texas Education Code Chapter 22 to CISD and Contractor. Criminal history records will be obtained by either the Contractor/Subcontractor or CISD, as follows: (1) Contractor/Subcontractor: Pursuant to guidance from the Texas Education Agency, the only contractors/subcontractors who will be

granted access to fingerprint criminal history are those who qualify for access under the National Child Protection Act (NCPA), specifically, those contractors/subcontractors who provide “care or care placement services” and are based in Texas. All entities qualifying for access under the NCPA are required to obtain their covered employees’ criminal histories, certify compliance to CISD (and, in the case of a Subcontractor, certify compliance to Contractor and CISD), and obtain similar certifications from their subcontractors. For more information or to set up an account, a contractor/subcontractor should contact the Texas Department of Public Safety’s Crime Records Service at 512.424.2474.

(2) CISD: All entities who do not qualify for access to fingerprint criminal history under the NCPA (in other words, all contractors/subcontractors who do not provide “care or care placement services” or are not based in Texas) are required to follow the instructions listed below, so that CISD may obtain their covered employees’ criminal histories, as applicable. Contractor/Subcontractor is responsible for the payment of all fingerprinting costs. Should CISD pay any costs of fingerprinting Contractor/Subcontractor employees, Contractor agrees to reimburse CISD for such costs; in the event Contractor fails to reimburse CISD for the costs of fingerprinting Contractor/Subcontractor employees, Contractor agrees that CISD may deduct such costs from any payment due and owing by CISD to Contractor.

Definitions: Covered employees: Employees of a contractor/subcontractor who have or will have continuing duties related to the service to be performed at a school district and have or will have direct contact with students. CISD will be the final arbiter of what constitutes continuing duties and direct contact with students. Continuing duties related to contracted services: Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only. See 19 TEX. ADMIN. CODE §153.1101(2). Direct contact with students: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students. See 19 TEX. ADMIN. CODE §153.1101(7). Public Works Exception to Covered Employees: Covered employees do not include employees of a contracting or subcontracting entity that is providing engineering, architectural, or construction services on a project to design, construct, alter, or repair a public work if: (1) the public work does not involve the construction, alteration, or repair of an instructional facility as defined by Texas Education Code Section 46.001; (2) the employee’s duties will be completed more than seven (7) days before a new instructional facility will be used for instruction; or (3) for an existing instructional facility, the work area contains sanitary facilities separated from all areas used by students by a fence at least six (6) feet high, and the Contractor adopts, informs employees of, and enforces a policy prohibiting employees and any subcontractor’s employees from interacting with students or entering areas used by students.

Disqualifying criminal history: • For employees of a contracting or subcontracting entity that is providing engineering, architectural, or construction services on a

project to design, construct, alter, or repair a public work: (1) a conviction or other criminal history information designated by CISD; (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.08341(d), that is: conviction during the preceding 30 years (if at the time of the offense, the victim was under 18 or was enrolled in a public


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school) of: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an offense under federal law or the laws of another state that is equivalent to (a) or (b).

• For employees of all other contracting or subcontracting entities: (1) a conviction or other criminal history information designated by CISD; (2) a felony or misdemeanor offense that would prevent a person from being employed under Texas Education Code § 22.085(a), that is: (a) conviction of a felony offense under Title 5, Texas Penal Code if at the time of the offense, the victim was under 18; (b) conviction of or placement on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) conviction of an offense under federal law or the laws of another state that is equivalent to (a) or (b).

Types of Criminal History Record Information: • For employees hired by Contractor/Subcontractor before January 1, 2008—Any law enforcement or criminal justice agency. • For employees hired by Contractor/Subcontractor on or after January 1, 2008—National criminal history information from the Texas

Department of Public Safety criminal history clearinghouse.

On behalf of (“Contractor/Subcontractor”), I, the undersigned authorized signatory for Contractor/Subcontractor, certify to Campbell Independent School District (“CISD”) (and, in the case of a Subcontractor, certify to Contractor and CISD) that [check one]:

[ ] None of the employees of Contractor/Subcontractor are covered employees, as defined above. If this box is checked, I further

certify that Contractor/Subcontractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Contractor/Subcontractor will maintain these precautions or conditions throughout the time the contracted services are provided. If CISD, in its sole discretion, determines that employees of Contractor/Subcontractor are covered employees, as defined above, Contractor/Subcontractor will provide CISD with the name, date of birth, and any other requested information of such covered employees so that CISD may obtain criminal history record information on the covered employees, upon request of CISD.

Or [ ] Some or all of the employees of Contractor/Subcontractor are covered employees, and Contractor/ Subcontractor qualifies for

access to fingerprint criminal history under the National Child Protection Act. If this box is checked, I further certify that: (1) Contractor/Subcontractor has obtained all required criminal history record information regarding its covered employees.

None of the covered employees has a disqualifying criminal history. (2) If Contractor/Subcontractor receives information that a covered employee subsequently has a reported criminal history,

Contractor/Subcontractor will immediately remove the covered employee from contract duties and notify CISD in writing within 3 business days.

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

Or [ ] Some or all of the employees of Contractor/Subcontractor are covered employees, and Contractor/Subcontractor does not qualify

for access to fingerprint criminal history under the National Child Protection Act. If this box is checked, I further certify that: (1) For all covered employees hired by Contractor/Subcontractor before January 1, 2008, Contractor/Subcontractor has obtained

all required criminal history record information. None of the covered employees has a disqualifying criminal history. If Contractor/Subcontractor receives information that a covered employee subsequently has a reported criminal history, Contractor/Subcontractor will immediately remove the covered employee from contract duties and notify CISD in writing within 3 business days. Upon request, Contractor/Subcontractor will provide CISD with the name, date of birth, and any other requested information of covered employees so that CISD may obtain criminal history record information on the covered employees.

(2) For each covered employee hired by Contractor/Subcontractor on or after January 1, 2008, Contractor/Subcontractor has attached a separate page(s) listing the following information regarding each covered employee, so that CISD may obtain the covered employees’ criminal history record information: (a) Full name (first, middle, and last); and (b) Date of birth.

(3) Contractor/Subcontractor shall provide CISD’s “Texas Fingerprint Service Code Form” document to all covered employees and ensure that they schedule fingerprinting appointments in a timely manner. Any covered employee whose criminal history record information is not received by CISD at least ten (10) CISD business days prior to the start of the services to be performed by Contractor/Subcontractor at CISD is subject to exclusion from service, in CISD’s sole discretion, until his or her


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criminal history record information can be obtained and reviewed by CISD. Contractor/Subcontractor is responsible for the payment of all fingerprinting costs. In accordance with the Texas Education Agency guidance, because Contractor/Subcontractor does not qualify for access to fingerprint criminal history under the NCPA, it will not be permitted to view the criminal history record information from DPS.

(4) Contractor/Subcontractor agrees that CISD will review each covered employee’s criminal history record information, together with the employee’s qualifications, background, and experience, based on information gathered by CISD through the procurement and/or contracting processes, to determine, in CISD’s sole discretion, whether any covered employee(s) should be prohibited from serving at CISD. CISD will notify Contractor/Subcontractor of its determination.

(5) If CISD at any time receives information that a covered employee subsequently has a reported disqualifying criminal history or should be prohibited from serving at CISD, in CISD’s sole discretion, for any other reason, including, but not limited to, the employee’s qualifications, background, and experience, based on information gathered by CISD through the procurement and/or contracting processes, CISD will notify Contractor/Subcontractor of its determination. Contractor/Subcontractor will immediately remove the covered employee from contract duties.

If CISD, in its sole discretion, objects to the assignment of a covered employee for any reason, including, but not limited to, on the basis of the covered employee’s criminal history record information and/or insufficient qualifications, lack of experience, and the like, based on information gathered by CISD through the procurement and/or contracting processes, Contractor/Subcontractor agrees to discontinue using that covered employee to provide services at CISD. I also certify to CISD (and, in the case of a Subcontractor, certify to Contractor and CISD) on behalf of Contractor/Subcontractor that Contractor/Subcontractor has required its subcontractors to comply with Texas Education Code, Chapter 22 and obtained certifications from its subcontractors of such compliance. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

Indicate if you are the general contractor. ________Yes ________No Indicate if you are a Subcontractor. ________Yes ________No __________________________________

Printed Name __________________________________ Signature __________________________________ Date *** Upon contract award and/or initiation of PO/contract, CISD will work with the awarded vendor to address this requirement.


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Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

Give Form to the requester. Do not send to the IRS.

Prin

t or t

ype

See

Spec

ific

Inst

ruct

ions

on

page

2.

Name (as shown on your income tax return)

Business name/disregarded entity name, if different from above

Check appropriate box for federal tax classification:

Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶

Other (see instructions) ▶

Exemptions (see instructions):

Exempt payee code (if any)

Exemption from FATCA reporting code (if any)

Address (number, street, and apt. or suite no.) Requester’s name and address (optional)

City, state, and ZIP code

List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Social security number

–

–

Employer identification number

–

Part II Certification

Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.

Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here

Signature of U.S. person ▶ Date ▶

General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page.

Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA.

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If

applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the

withholding tax on foreign partners’ share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.


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Form W-9 (Rev. 8-2013) Page 2

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving

clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty

article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption

from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page

3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did

not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships on page 1. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.

Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.

Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name.

If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the “Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business name/disregarded entity name” line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the “Name” line and any business, trade, or “doing business as (DBA) name” on the “Business name/disregarded entity name” line. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulation section 301.7701-2(c)(2)(iii). Enter the owner's name on the “Name” line. The name of the entity entered on the “Name” line should never be a disregarded entity. The name on the “Name” line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on the “Name” line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the “Business name/disregarded entity name” line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Note. Check the appropriate box for the U.S. federal tax classification of the person whose name is entered on the “Name” line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the “Name” line is an LLC, check the “Limited liability company” box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter “P” for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter “C” for C corporation or “S” for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the “Name” line) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the “Name” line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the “Name” line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the “Business name/disregarded entity name” line.

Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on page 3.


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Form W-9 (Rev. 8-2013) Page 3

Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding.

The following codes identify payees that are exempt from backup withholding: 1—An organization exempt from tax under section 501(a), any IRA, or a

custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United States, or any of

their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or

instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United

States, the District of Columbia, or a possession of the United States 7—A futures commission merchant registered with the Commodity Futures

Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment

Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or

custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup

withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7

Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.

Barter exchange transactions and patronage dividends

Exempt payees 1 through 4

Payments over $600 required to be reported and direct sales over $5,0001

Generally, exempt payees 1 through 52

Payments made in settlement of payment card or third party network transactions

Exempt payees 1 through 4

1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form

1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B—The United States or any of its agencies or instrumentalities

C—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i)

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i)

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state

G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity

registered at all times during the tax year under the Investment Company Act of 1940

I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan

Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.

If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800- TAX-FORM (1-800-829-3676).

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the “Name” line must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below.

1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

Proposal RFP for CMAR.pdf - Campbell ISD

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