RFP # Construction Manager at Risk Services 2017 Additions and Renovation Projects

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1 2400 North Carroll Ave, Southlake, TX FAX The Carroll Independent School District is now accepting submissions for RFP # Construction Manager at Risk Services 2017 Additions and Renovation Projects Where the Construction Manager is also the Constructor One Step Selection Process Due Date and Time: January 17, 2018 at 10:00 a.m. CST Sealed Requests for Proposals (RFP) will be received in accordance with the attached specifications. The sealed envelope containing your RFP should be plainly marked with the RFP title, number, and due date and time. Please Note: Late RFPs will not be accepted. Mail or deliver complete Request for Proposal package to: Carroll Independent School District Attn: Diane Billmeier, Purchasing Specialist 2400 North Carroll Ave. Southlake, Texas Request for Proposal Construction Manager at Risk Services RFP # Page 1 of 19

2 REQUEST FOR CONSTRUCTION MANAGER AT RISK Sealed Qualification / Proposal for the work identified below in accordance with Proposal Documents thereof and such addenda there to as may be issued prior to date of qualification/proposal being received by the Board of Trustees, Carroll independent School District, until proposal closing date and time, as identified below. OWNER: PROJECT: PRE-PROPOSAL MEETING: PROPOSAL DATE AND TIME: LOCATION: ARCHITECT: Carroll Independent School District Additions and Renovation Projects January 9, 2018 at 2:00 p.m. CST at Carroll ISD Administration Building Wednesday, January 17, :00 a.m. CST Receipt of Sealed Qualification/Proposal Carroll Independent School District Administration Building, Purchasing 2400 North Carroll Avenue Southlake, Texas (817) Projects (A) (B) LPA, Inc McKinney Ave., 7 th Floor Dallas, Texas Projects (C) (D) Natex Corporation Architects 2500 Wilcrest, Suite 650 Houston, Texas Proposal Documents will be available beginning December 16, 2017 and may be obtained by downloading from the Carroll ISD website: or by ing purchasing@southlakecarroll.edu Page 2 of 19

3 GENERAL REQUIREMENTS The Carroll Independent School District CISD, or the District, is requesting sealed competitive offers for Construction Manager at Risk Services. The District reserves the right to approve proposals from multiple offerors in order to fulfill its needs at time of contract. The District reserves the right to reject any or all offers, or parts thereof, based on the results of submitted offers. Proposal packets may be downloaded from the District website: or ing a request to purchasing@southlakecarroll.edu Instructions and Checklist for Forms Completion 1. Read this Request for Proposal in its entirety 2. Read Notice to Vendors New Laws 3. Complete and sign the Proposal Form 4. Complete and sign the Addenda Form, if applicable 5. Complete and sign the Performance Bond Form, if applicable 6. Complete and sign the Payment Bond Form, if applicable 7. Complete the Proposal Evaluation Waiver 8. Complete the Statement of Non-Collusion 9. Complete the Affidavit of Non-Discriminatory Employment 10. Complete the Certificate of Residency 11. Complete the Statement of Debarment 12. Complete the Felony Conviction Notice Form 13. Complete the Conflict of Interest Questionnaire (CIQ) Form (refer to Carroll ISD website for a current list of Board members and Administrative officers) 14. Complete Form 1295 per instructions 15. Complete Senate Bill (SB) 9 form(s) if at any time during the contract there will be direct contact with students 16. Include a valid copy of Certificate of Liability Insurance in return packet 17. Include a completed and signed copy of your company s current W9 All of the applicable forms and the required proposal documentation as outlined in the proposal document Submission Format & Requirements section and any supplemental information deemed necessary must be submitted before the January 17, :00 a.m. CST deadline. Carroll ISD will not accept proposals that are submitted via facsimile or . Any proposal received later than the specified due date and time, whether delivered in person or mailed, shall be rejected and returned unopened to proposing company. The time/date stamp clock at the Carroll ISD Administration Center shall be the official time for determining the time of receipt. Page 3 of 19

4 Proposal may be withdrawn or revised prior to the scheduled time for opening, provided, request for such withdrawal is received in writing before the time set for opening. After opening, no Sealed RFP may be withdrawn less than ninety (90) days after the actual date of the opening. Any alteration, addition, deletion or erasure made to proposals prior to the deadline for submission of proposals must be initialed and dated by the signer of the proposal, guaranteeing authenticity. It is the responsibility of all Offerors to examine the entire proposal package, seek clarification of any item or requirement that may not be clear, and check all responses for accuracy before submitting a response. The District reserves the right to hold all proposals for ninety (90) days from the proposal receipt date without action, to reject any or all proposals and to accept any proposal or any combination of proposals deemed most advantageous to Carroll ISD and to waive any informalities in bidding. A proposal in response to a RFP is an offer by an Offeror to contract with Carroll ISD based upon the terms, conditions and specifications contained in Carroll ISD s proposal invitation. Proposals do not become contracts unless, and until, they are accepted by Carroll ISD in accordance with the District s procurement rules and legal procedures. SPECIAL TERMS AND CONDITIONS 1. Successful bidder shall follow all requirements outlined in the proposal document 2. Timely service is critical to the success of this contract. The ability to deliver required service will be a major factor in the evaluation process for the award of this contract. 3. Notification of late scheduled services Successful bidder must notify Carroll ISD when scheduled services cannot be met within the specified time. If the successful bidder is unable to provide service within the specified time, the District may seek an alternate source. Successful bidder will be held liable for increases in service cost performed by another vendor. 4. Deviations to any/all requested options in this proposal are subject to approval by Carroll ISD prior to any resultant award. 5. Length of contract: TBD 6. Carroll ISD reserves the right to request copies of original invoices for any materials purchased by the successful contractor(s) and charged to Carroll ISD. Further, Carroll ISD reserves the right to purchase and supply materials for any work performed by successful contractor(s) under this contract. Page 4 of 19

5 7. Carroll ISD shall not be held responsible for any goods delivered or services performed without a Carroll ISD purchase order electronically signed by an authorized agent and/or proper authorization from the Carroll ISD Financial Services Department. 8. Price Adjustments: - No price increase will be considered for the hourly rate within the first thirty (30) months of the contract. - If during the term of the contract, the contractor s labor costs are increased, the contractor shall request in writing to the Owner s Rep. for a corresponding contract price adjustment. Such application must be accompanied by sufficient information in writing to justify approval. - If during the term of the contract, the contractor s cost for labor are lowered and such savings are passed along to other customers, it is understood and agreed that the benefits of such reduction shall be extended to the Carroll ISD. - Only one price review is allowed per calendar year during the term of the contract. - The cost plus percent quoted for materials and supplies shall remain firm for the term of the contract. No adjustment will be allowed. 9. The District reserves the right to not consider a proposal if a service charge, minimum dollar, or minimum quantity is applied. 10. Unless otherwise noted, any quantities provided for this Request for Proposal are estimated volume and do not represent a purchase contract quantity. Carroll ISD reserves the right to purchase quantities that are fewer, greater, or even none for the line items presented based on needs at given times during the period of this pricing contract. 11. The bidder agrees that supplies or services furnished under any resultant purchase order by Carroll ISD shall be covered by the most favorable commercial warranties information and certificates shall be furnished and become the property of the District upon delivery of said items and all rights and remedies stated in the warranties must be honored by the manufacturer. 12. All supplies/equipment supplied under this contract must be new. 13. All products offered must have passed the first line quality standard as set by the manufacturer and no seconds, blemished articles, or items containing defective workmanship are allowed. 14. Substitutions will not be allowed on any services without the prior approval from the Carroll ISD. Page 5 of 19

6 15. TAX EXEMPTION. Carroll ISD, by law, is exempt from most taxes. Offeror to retain on file a copy of a tax-exempt form submitted by CISD. Offeror is encouraged to allow for an automated tax exemption, not requiring the department buyer to request exemption. If awarded contract, Offeror may obtain a copy of the Carroll ISD Tax Exemption Certificate by contacting the Financial Services Department. 16. SIGNED CONTRACTS OR AGREEMENTS: Any contracts or agreements requiring a signature may only be signed by the Assistant Superintendent for Financial Services. Any contracts or agreements signed by any District employee other than the Assistant Superintendent for Financial Services shall be considered null and void. REQUIREMENTS FOR CONTRACT WORK WITHIN CARROLL ISD Under the Laws of the State of Texas, certain requirements must be met for work within a public school district. A. The following forms are included in the VENDOR REQUIREMENTS PACKET FOR SUBMISSION WITH PROPOSAL. Forms must be completed, signed and returned with the proposal. Page 6 of PROPOSAL EVALUATION WAIVER 2. STATEMENT OF NON-COLLUSION 3. STATEMENT OF DEBARMENT 4. CERTIFICATE OF RESIDENCY 5. AFFIDAVIT OF NON-DISCRIMINATORY EMPLOYMENT 6. FELONY CONVICTION NOTICE 7. CONFLICT OF INTEREST QUESTIONNAIRE (CIQ) Effective May 25, 2007, Section , Local Government Code requires that persons or agents who enter or seek to enter into a contract with a local government entity shall file a completed conflict of interest questionnaire (Form CIQ), if they have an employment or other business relationship with an officer or family member of an officer of the entity or have given the officer or family member gifts in excess of $250 aggregated over a twelve-month period. Failure to disclose this information is a Class C misdemeanor. This requirement will be addressed in all requests for bids or proposals but vendors doing business with the district by purchase orders must also complete this form.

7 8. Form FINGERPRINT-BASED APPLICANT CLEARINGHOUSE OF TEXAS Effective January 1, 2008, Senate Bill 9 requires school district contractors to obtain state and national criminal history background searches on employees that may have direct contact with students, and to receive those results through the Texas Department of Public Safety (DPS) criminal history clearinghouse, known as FACT, or Fingerprint-based Applicant Clearinghouse of Texas. The database serves all Texas school districts, so compliance in one district meets compliance in other districts. Since work under the proposed scope of services proposal may occur on active school campuses, the contractor and its employees are required to comply with these measures. Vendors must have an existing transaction or contract with a Texas School District in order to apply for a DPS account. Since this proposal process will not qualify, Offeror shall complete the section in the Offer form providing an indication of: a) Vendor already possesses an SB9 account and the proper Letter of SB9 Certification is provided in Offer submission -- or--- b) Vendor acknowledges the SB9 requirement and agrees to obtain DPS account and provide the proper letter of SB9 Certification prior to commencing work on Carroll ISD property. If the Offeror s proposal is approved, the district will provide the proper letter indicating a transactional relationship with vendor for use in applying for an SB9 account with DPS. Instructions for completing the FACT process are included in the VENDOR REQUIREMENTS PACKET with the SB9 documents. The State charges a fee per applicant. Cost of compliance is the responsibility of the vendor. Upon acceptance of a proposal and the assignment of a project contract, the awarded contractor will be required to provide Carroll ISD with notification that all employees that will be on the job site have completed the requirements of Senate Bill 9 before commencing work. Page 7 of 19

8 B. Statutory Performance and Payment Bonds PAYMENT BONDS are required on projects in excess of $25, PERFORMANCE BONDS are required on projects in excess of $100, The successful bidder will furnish a performance and payment bond in an amount equal to one hundred percent (100%) of the total amount of the contract sum when required as specified in the amounts listed above. Bonding Company (underwriter) shall be currently registered with the Secretary of State and with the State Board of Insurance. Surety must be acceptable to Owner. This bond shall be conditioned upon the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be for the protection of Carroll ISD and of all claimants supplying labor and material as hereinafter defined, in the prosecution of the work provided in said contract. (Article 5160, Texas School Law Bulletin) This performance and payment bond shall be presented, to owner, within ten (10) days or prior to beginning work, whichever is less. Payment and performance bonds must remain in force throughout the warranty period of the contract. C. Insurance: Page 8 of 19 To protect the District and its employees against liability, loss, or expense in the event of damage to property, injury, or death to any person or persons arising in any way out of or in connection with or resulting from the work provided hereunder, Contractor shall procure and maintain, at its sole expense and until acceptance of the work by the district, insurance as hereinafter enumerated in policies which shall be subject to the District's approval as to form, amount and issuing company. Amounts listed are minimum. a. Worker's Compensation and Employer's Liability Insurance: Worker's Compensation Coverage with statutory limits in conjunction with Employer s Liability Insurance with limits no less than $500,000 per accident/disease is required. b. Commercial Automobile Liability and Property Damage covering all owned, non-owned and hired vehicles to be used in performance of this work: Bodily Injury and Property Damage coverage shall be in an amount no less than $100,000 per person/$300,000 per occurrence/$100,000 property damage. c. Commercial General Liability Damage Insurance: Comprehensive general liability insurance in the amount of $500,000 per occurrence. d. Umbrella Liability Insurance: Liability on a following form basis with a limit not less than $1,000,000 per occurrence in excess of all primary limits. Certificates of Insurance acceptable to the Owner (CISD) shall be filed with the Owner prior to commencement of work. These Certificates shall name the

9 Carroll ISD as an additional insured and contain a provision that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given to the District. This insurance shall be kept in force during the contract period. Such insurance shall be with a company which is rated A or better and operates under certificates of authorization issued by the State of Texas. D. Sign-in & Identification Badges: For the safety of students and staff, all Contractors will sign-in at the campus administration office when entering a district facility to begin work. All Contractor personnel will be expected to submit their driver s license or other government issued photo identification card to the district administrator in charge of admissions at the campus. A prominently displayed district provided identification tag shall be worn with the Contractor s company identification badge at all times when working on district property. --End of General Terms and Conditions Page 9 of 19

10 SUBMISSION FORMAT & REQUIREMENTS Submit four copies of the following information in 3-ring binders, organized in the following manner: TAB 1: PROPOSAL FORM 1. Proposal forms 2. Required forms 3. Complete and sign the Proposal Form 4. Addenda Form, if applicable 5. Performance Bond Form, if applicable 6. Payment Bond Form, if applicable 7. Proposal Evaluation Waiver 8. Statement of Non-Collusion 9. Affidavit of Non-Discriminatory Employment 10. Certificate of Residency 11. Statement of Debarment 12. Felony Conviction Notice Form 13. Conflict of Interest Questionnaire (CIQ) Form 14. Complete Form 1295 per instructions 15. Senate Bill (SB) 9 form(s) 16. Certificate of Liability Insurance in return packet 17. Current W9 END OF TAB 1 Tab 2: CMR QUALIFICATIONS 1. Submit AIA Form 305-Contractor s Qualification Statement. 2. Provide a list of all school construction projects that have been completed by your firm in the last 5 years. Include the following information at a minimum: Name of project / type Square Footage of project Contract cost and final cost Delivery Method (I.E. Bid, CSP, SMR, DB) Start Date, substantial completion date, final payment date Owner s construction representative, phone & & fax Project architect, phone & & fax 3. Describe the preconstruction services you will provide for each project relative to the actual construction schedule. Page 10 of 19

11 4. Describe your firm s method of estimating cost, and for scheduling during the design / documents phases. 5. Attach a sample conceptual cost estimate prepared during the design phase of the project, and the final cost estimate / breakdown used to fix the contract amount for 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. END OF TAB 2 Tab 3: FIRM PHILOSOPHY & PROJECT MANAGEMENT 1. Describe your firm s approach in response to the project schedule, site conditions, etc. Provide any specific management plans, comments, or concerns you have regarding the individual project for which you are submitting. 2. Describe your firm s general philosophy for handling CMR projects. 3. How Carroll ISD will benefit from using your firm as CMR. 4. Explain: How you obtain subcontractor and material proposals or bids. Your policy on subcontractor bonding. How would you determine the amount of contractor contingency to be included in the GMP for these projects? How may cost increases affect the projects? (I.E. steel, concrete, etc.) How will this be managed to minimize contractor / owner risk? END OF TAB 3 Page 11 of 19

12 TAB 4: PROJECT STAFFING 1. Provide the resume of the Project Manager and references w / # s 2. Provide the name of the Project Superintendent and References w / # s 3. Provide a list of personnel to be utilized on the project(s) for which you are submitting, clearly indicating all staff involved in the project, their location (on site, home office etc.) and how their salary is funded (I.E. CM fee, General conditions or Cost of Work. Information is to reflect the fees submitted in this proposal. END OF TAB 4 PROVIDE ONE COPY OF SEPARATELY BOUND INFORMATION FINANCIAL INFORMATION One copy of your firm s financial information including a cash flow and balance sheet for the last two years (audited preferred) in a sealed manila envelope. SAFETY INFORMATION Provide one copy of your Safety Manual (separately bound) And Submit your Worker s Compensation Modifier for the current year and three previous years. And Submit your TRIR (total recordable incident rating). END OF SEPARATE BOUND INFORMATION Page 12 of 19

13 SELECTION PROCESS The selection process for this project will be accomplished in a one-step process as provided in the Texas Public Education Statute; Chapter 44, Subchapter B. The District will receive, publicly open, and read aloud the name of the offerors Within forty-five (45) days after the date of opening the proposals, the District will evaluate and rank each proposal submitted in relation to the criteria set forth in the Request for Construction Management at Risk Proposals. The selection process will follow the stipulations of the Texas Public Education Statute, Chapter 44, sub-chapter B. A selection committee may be appointed by the School Board of Trustees The District reserves the right to waive any informality and to reject and or accept any or all Proposals. Proposals will be evaluated and ranked by the selection committee. The ranking is based upon the following criteria and weights: Weighted Selection Criteria. Submitted proposal responses shall include information sufficient to evaluate the criteria set forth for Contractors and their proposals. The proposals and qualifications of all Contractors that respond to this solicitation will be evaluated using the criteria specified in Subchapter B, Section (b), Texas Education Code, specifically: Point Criteria Details Values 20% Precon Fee & CM Fee Proposed price based on Bid/Proposal Schedule 4% GC Fee 20% Reputation of the vendor and of the vendor s goods or services References from prior projects of a comparable nature performed on a performance-contracting basis. List of litigation in which the CONTRACTOR is involved. Experience with the full range of responsibilities contemplated for this project. List of similar construction jobs performed within the last 5 years, listing description, construction amount, owner, and engineer. Page 13 of 19

14 15% Quality of the vendor s goods or services 15% Extent to which the goods and services meet the district s needs 5% Vendor s past relationship with the district 5% Total longterm cost to the district to acquire the vendor s goods or services 1% Impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses, if applicable Project management personnel s experience with similar projects. Indicate only staff to be directly involved with the project. Product data, testing results Include ability to create project schedules and adhere to them. List of current projects, owner, contract amount, and percent complete. Evaluation by District and/or its staff s first hand knowledge of history of favorable/non-favorable transactions References from sub-contractors used on previous jobs to indicate fiscal responsibility. Proof of Insurance and Bonding capability. Financial statement current - within last six months of proposal HUB certifications, as presented. 15% Transparency Contractors procurement process Auditing of the project Owners comfort that the expenditures are clearly understood with no conflict of interest on the part of the contractor Page 14 of 19

15 SUMMARY OF WORK There are four separate projects that Carroll ISD will be selecting CMAR services for with this RFP. The CMAR Contractors will need to submit a Proposal Form for each project that the CMAR Contractor is submitting for consideration. Carroll ISD may select a different CMAR Contractor for each of the four separate projects. The four separate projects are described as follows; DESCRIPTION A. PROJECT (A): The Baseball / Softball Complex Phase II and The Indoor Facility Renovations This project will include, but is not limited to miscellaneous additions, renovations and new construction on the existing Sr. High School campus in CISD. B. PROJECT (B): The Additions and Renovations to Old Union Elementary School This project will include, but is not limited to new classrooms, new administration areas, site work and other related items. C. PROJECT (C): The Additions and Renovations to Johnson Elementary School This project will include, but is not limited to new classrooms, new administration areas, site work and other related items. D. PROJECTS (D): The Additions and Renovations to Carroll Elementary School This project will include, but is not limited to new classrooms, new administration areas, site work and other related items. SCHEDULE FOR THE PROJECTS This projects will need to work around the school program requirements with a goal of completing these projects by December Page 15 of 19

16 PRECONSTRUCTION SERVICES The Construction Manager selected for each project will provide the following: 1. Key project personnel shall attend meetings with the District and Architect to review the project status. 2. Make recommendations on material changes and possible economies and provide resources as required to assist the Architect and Owner in making decisions. 3. If any estimate submitted to the District exceeds the District budget the Construction Manager shall make recommendations to the District and Architect to reduce the cost of the projects. 4. Participating in Construction Document Plan Reviews. 5. When the Construction Drawings and Specifications are completed for any given phase of the project the Construction Manager shall propose a Guaranteed Maximum Price for the project up to that amount which shall be the sum of the estimated Cost of the work, including the General Conditions and the Construction Manager s Fee. GENERAL CONDITIONS FEE General Conditions will be calculated in the following manner: The General Conditions Fee is to include the following items. Items not listed or shown below as Cost of Work items are to be included in the Cost of Work. The CM will provide a percentage of the subcontractor and material bids, excluding overhead and profit for their General Conditions Fee on the proposal. General Conditions Fee is to include: Job site supervision including superintendent, assistant superintendent, help, project manager, if located on site. Traffic control, safety measures and OCIP coordination Permit coordination Mobilization and de-mobilization Field office furnishings Office supplies and equipment Field office maintenance and repair Copier and copier supplies Storage Radios Page 16 of 19

17 Construction fence for entire site (installation, removal, maintenance) Clean-up finish areas site, paving, and walks Dumpsters Temporary protection (fire and weather) Temporary protection (security- not including night watchman) Monthly toilets Monthly telephone and cell phones Small equipment rental Small equipment purchasing Small tool purchase First aid OSHA drawings Close-out manuals Printing of plans over 30 sets Printing of shop drawings Estimating Scheduling Scheduling updates Vehicles Vehicles fuel and maintenance Warranty work fuel and maintenance Warrant work and coordination Association dues Street barricades and traffic control Travel expenses CSP advertising for subcontractors to establish the GMP COST OF WORK Costs of Work Items are as follows: Job site layout and field engineering Permit fees Performance and Payment Bonds Subcontractor Bonding (Must be mutually agreed upon prior to establishing the GMP) Business Auto insurance Project signs Access construction Temporary utilities (power, water, gas-does not include telephone) Equipment start up and testing Monthly fuel and oil Scaffolding Page 17 of 19

18 Hoisting materials Final clean up SCHOOL DISTRICT S EXPECTATIONS FOR RISK The District expectations of the successful Construction Manager and the reason for utilizing the Risk process are as follows: 1. The CM is to actively participate in the review of the design development and construction documents bringing forward their expertise in construction detailing, cost estimating, scheduling, constructability, etc.to the greatest extent possible for the benefit of the project and all parties. 2. CM is to be forthright and transparent in all financial matters relating to this project to the benefit of all parties. 3. Any subcontractor bonding requirements will be disclosed prior to establishing the SMP and mutually agreed upon by the CMR and the Owners Rep. 4. A Contractor s contingency amount is to be established and agreed upon up front in the GMP expenditures from the Contractor s contingency will be utilized as necessary by the contractor with specific approval from the Owners Rep., with the balance of savings to be returned to the District. This contingency will be listed as a line item on the pay application and all expenditures will be explained to the District during construction. 5. The CM is to actively solicit qualified and competitive subcontractors and obtain competitive sealed proposals or lump sum bids. The decision of CSP or lump sum will be approved by the Owners Rep. Carroll Independent School District strives to obtain quality goods and services in the most cost effective manner possible while supporting the local economy. The District also believes that the engagement of businesses, including HUB s based within the boundaries of the school district help to achieve this goal. Plans are to be posted at specified plan rooms and every effort is to be made to encourage participation of local business enterprises. Describe how your firm will endeavor to achieve these goals. 6. The CM is to utilize sound cost savings ideas and excellent construction coordination and problem solving for the benefit of the project. 7. CM is to embrace the Risk process to the greatest extent possible by keeping the best interest of the project in mind and working with each team member in a pro-active manner. 8. Job site personnel are to understand the difference between R and CSP or Low Bid contracts. 9. The CM is to provide clarifications, expectations, or concerns relating to the construction contract, insurance requirements. Page 18 of 19

19 Page 19 of 19 END OF PROPOSAL REQUIREMENTS PROPOSAL FORMS FOLLOW

20 NOTICE TO VENDORS NEW LAWS Effective September 1, 2017, there are new legal requirements for Texas school districts related to contracting that will apply to any agreement between your company and Carroll ISD. Certain information regarding three of these new requirements is included below for your reference. However, it is your responsibility to ensure compliance with state law. Please consult your attorney for any legal advice. 1. Texas Govt. Code Chapters 2270 & 808 (House Bill 89) As part of entering any agreement with Carroll ISD and by responding to this solicitation, vendor agrees as follows: pursuant to Texas Government Code Chapter 2270, vendor represents and warrants to Carroll ISD that vendor does not boycott Israel and will not boycott Israel during the term of any agreement with Carroll ISD. 2. Texas Govt. Code Chapter 2252 (Senate Bill 252) Carroll ISD is prohibited from entering into contracts with companies engaged in business with Iran, Sudan or a Foreign Terrorist Organization. The list of designated Foreign Terrorist Organizations is prepared and maintained by the Texas Comptroller and is available on the Comptroller s website, currently located at: A list of scrutinized companies that do business in Iran or Sudan or with a Foreign Terrorist Organization shall also be made available by the Comptroller. As part of entering any agreement with Carroll ISD and by responding to this solicitation, vendor represents and warrants to Carroll ISD that vendor is not engaged in business with Iran, Sudan or a Foreign Terrorist Organization, and is not listed on the divestment statutes lists maintained by the Texas Comptroller. 3. Texas Education Code Section (House Bill 3270) ***The requirements below and in Educ. Code Section are specific to contracts related to public works/construction. Other vendors shall continue to comply with the requirements found in Education Code and as listed elsewhere in this solicitation*** a. New Education Code Section applies to required Criminal History Record Information ( CHRI ) for Public Works/Construction Contracts including engineering, architectural, or construction services (contractors as well as subcontractors). b. It is the vendor s responsibility to comply with Section (or Section , as applicable); to obtain background checks on covered employees; and to certify to Carroll ISD that the background checks have been completed, all

21 relevant and required CHRI has been received, and vendor is in compliance with the law. c. Generally, Section applies if an employee has or will have: (1) continuing duties related to the contracted services; and (2) opportunity for direct contact with students. d. Generally, an employee does not have the opportunity for direct contact with students if: (1) The services do not involve the construction, alteration, or repair of an instructional facility (as that term defined in Educ. Code Sec ); (2) The services involve construction of a new instructional facility and the employee's duties related to the services will be completed not later than the 7 th day before the first day the facility will be used for instructional purposes; or (3) The services involve an existing instructional facility and the work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence not less than six feet (6') in height; and the vendor adopts, informs employees, and enforces a policy at the work area prohibiting employees, including subcontractor s employees, from interacting with students or entering areas used by students.

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