RFCSP FOR THE CONSTRUCTION OF THREE NEW BASEBALL FIELDS & RENOVATION OF ONE EXISTING FIELDREQUEST FOR COMPETITIVE SEALED PROPOSALS (RFCSP)
FOR
CONSTRUCTION SERVICES
FOR
THE CONSTRUCTION OF THREE NEW
BASEBALL FIELDS
AND RENOVATION OF ONE EXISTING FIELD
955 COMMUNITY CIRCLE
SCHERTZ, TEXAS 78154
RFCSP No. 13- PK- 07 -C -01
February 11, 2013
LANDSCAPE ARCHITECT
LUCK DESIGN TEAM
9600 ESCARPMENT BOULEVARD
SUITE 745 -4
AUSTIN, TEXAS 78749
512.810.0684
A Pre - Submittal Conference is scheduled for
2:00 PM Central Standard Time (CST),
Tuesday, February 26, 2013 at
City Council Chambers, 1400 Schertz Parkway, Building 4, Schertz, Texas
78154
Proposals will be accepted by mail or hand delivery no later than
10:00 AM CDST, Thursday March 28, 2013, to:
Rita Duprat -Waldo
Director, Purchasing & Asset Management
10 Commercial Place Building 1
Schertz, Texas 78154
SECTION 1
INTRODUCTION
1.1 Background and Special Concerns:
A. The City of Schertz is soliciting Proposals to award a construction contract as
herein described for the purpose defined in this document. By responding to this
invitation, the parties providing Proposals (referred to herein as "Offerors" or
"Bidders ") agrees to perform in accordance with the terms and conditions set
forth in this document in the event that the response is selected for contract
award regardless of whether award is made in whole or part.
B. The City of Schertz, Texas ( "Owner' or "City ") has contracted with Luck Design
Team, 9600 Escarpment Boulevard, Suite 745 -4, Austin, Texas 78749, to design
the new ball fields and the renovation of an existing ball field.
C. The Project consists of three new baseball fields and the renovation of an
existing field along with a utility building located in Schertz, Texas. Budgeted
construction costs, including site development and General Contractor fees, are
$1,500,000.
D. The Owner is seeking a General Contractor (GC) to perform construction
services who will work with the Landscape Architect, City staff and the City's
Owner's Representative, Jackson ME Associates, Inc., and who will propose a
Lump Sum Price (LS) for the construction of the Project.
E. In seeking a GC, the Owner is looking for a qualified general Contractor, with
prior experience in the construction of baseball fields and buildings similar to the
planned Project to ensure the feasibility and constructability of the Project design,
and to assist in bringing the estimated construction cost of the Project within the
Construction Budget through value engineering, the selection of construction
systems and materials, cost estimating, scheduling, and other means, without
adversely affecting the capacity and quality of the Project.
1.2 Statutory Requirements for a General Contractor Contract under Section
2267.151 Texas Government Code and City Requirements:
A. General Contractor: A "General Contractor (GC)" in the context of a contract for
the construction, rehabilitation, alteration, or repair of a facility means a sole
proprietorship, partnership, corporation, or other legal entity that assumes the
risk for constructing, rehabilitating, altering, or repairing all or part of the facility at
the contracted price.
B. General Conditions: "General Conditions" in the context of a contract for the
construction means on -site management, administrative personnel, insurance,
bonds, equipment, utilities, and incidental work, including minor field labor and
materials.
City of Schertz, Texas RFCSP for GC - Baseball Fields
Page 2 of 24
C. Architects and Engineers: The Owner has previously selected the Landscape
Architect to prepare construction documents for the Project and who has full
responsibility for complying with the requirements of Chapter 1051, Subtitle B of
the Texas Occupations Code (Regulation of Architecture and Related Practices).
The Landscape Architect was selected for those services in accordance with
Section 2254.004, Texas Local Government Code.
D. Selection Process: The time period for responding to the RFCSP is defined in
Section 2. After receiving the Proposals, the Owner will publicly open and read
aloud the names and prices received in accordance with the submission
deadline. The Owner may interview or seek additional information from one or
more of the parties providing Proposals. Within 45 days after opening of the
Proposals, the Owner will evaluate and rank the Offerors based on the best value
for the Selection Criteria set out in the RFCSP. In determining best value, the
City is not restricted to considering price alone, but may consider reputation of
the bidder and of the bidder's goods or services; prior experience in the
construction of similar facilities; quality of the bidder's goods or services; extent
to which the goods or services meet the City's needs; bidder's past relationship
with the City of Schertz; impact on the ability of the City to comply with laws and
rules relating to contracting with historically underutilized businesses and non-
profit organizations employing persons with disabilities; total long -term cost to the
City to acquire the bidder's goods or services; and any other factor stated in the
selection criteria. Unless the Owner rejects all Proposals, the Owner will
authorize negotiations with the first - ranked Offeror. If the parties cannot
negotiate a successful agreement, the Owner will terminate negotiations with the
first - ranked Offeror, and commence negotiations with the second - ranked Offeror
in the same manner. If an agreement is not reached, the Owner will proceed
with this process, in order of ranking, until an agreement is reached or all
Proposals are rejected.
The Owner reserves the right to reject any and all Proposals.
1) Selection Criteria (refer to Selection Criteria Spreadsheet in Appendix)
• Pricing
• Proposed construction approach and methodology
• Recent experience with project cost estimates and project schedule
adherence
• Experience and expertise with constructing Baseball Fields
• Past performance on similar projects with this or other local municipality
• Successfully completed similar projects without legal or technical problems
• The Offeror's demonstrated capability, as a company, to perform the
management and construction services
City of Schertz, Texas RFCSP for GC — Baseball Fields
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• The Offeror's capability to provide the resources, including financial,
equipment and staffing, necessary to meet Project requirements
• The qualifications and experience of team members proposed to
manage the project as evidenced by the resumes of those personnel.
Only personnel who will be directly involved in and assigned to this
project shall be submitted with their role clearly indicated
■ The Offeror's demonstrated technical and management competence
in the construction of similar projects
• The Offeror's past performance on construction of publicly funded and
other projects
• The Offeror's knowledge of current construction methodologies and
technology, including knowledge of, and experience with, alternative
construction methods, non - traditional and cost - effective construction
methods appropriate for the use in this project
• The quality of references from past customers of Offeror
• The demonstrated ability of the Offeror to meet schedules on projects
• The demonstrated ability of the Offeror to successfully complete past
projects within the applicable construction budgets
2) Consideration may also be given to any additional information and comments
at the selection phase if it reflects on the Offeror's qualifications to perform.
C. The successful Offeror will enter into a General Contractor Agreement
( "Agreement ") with the Owner, (AIA A101 Standard Form of Agreement between
Owner and Contractor where the basis of payment is Stipulated Sum), with
associated General Conditions (AIA A201), City modifications and
Supplementary Conditions.
D. Upon execution of the Agreement, the GC must show ability to provide the City
required insurance and bonds.
E. The GC must select sub - contractors or trade Contractors in accordance with the
terms of applicable law and the Agreement, and shall supply a listing of major
subcontractors with this submittal.
F. The GC and all sub - contractors must comply with the prevailing wage rate
requirements described in the Agreement.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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G. Proiect Scope and Schedule: Information about construction services,
documents and schedule are as follows:
1) Construction Services: The GC will complete all work for the construction
of the Project. The scope of Construction services will be determined
based on the Drawings and Specifications but may consist of one or
more of the following areas of work or building components: site clearing,
excavation, fill, select fill and backfill; site utilities; concrete sidewalks,
curbs and gutters; paving and roadway work, rough and finish grading,
topsoil and seeding; fencing and gates, concrete slab -on- grade, concrete
masonry units (CMU), prefabricated metal building, metal roof deck,
miscellaneous metals and metal fabrications; rough and finish carpentry,
dampproofing and waterproofing, caulking and sealants, thermal
insulation, flashing and sheet metal, metal soffit panels, metal roofing,
metal doors and frames, finish architectural hardware, interior and
exterior signage; metal louvers and miscellaneous specialties;
equipment and specialty equipment; telecommunications, audio /visual
and security systems and mechanical, plumbing and electrical systems,
and any other requirements set out in the Contract Documents.
The work does not include inspection services, and the materials testing
services necessary for Owner's acceptance of the Project, which will be
performed under a separate contract with an independent provider
engaged directly by the City.
2) Drawings and Specifications: Construction Documents are available
through the Landscape Architect and Triangle Reprographics, 2203 Cee
Gee, San Antonio, Texas (210) 824 -1426. All costs shall be the
responsibility of the entity requesting documents.
3) Schedule: The City anticipates that the construction duration will be 9
months. The GC shall provide a proposed construction schedule with this
submittal. This Schedule may be adjusted as a result of negotiations on
Proposals or Construction Services by the GC.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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SECTION 2
NOTICE TO OFFERORS
2.1 Request for Competitive Sealed Proposals:
The City of Schertz, Texas (the "Owner ") is accepting Competitive Sealed
Proposals for a construction contract, pursuant to Section 2267.151 et seq. of the
Texas Government Code, in accordance with the terms, conditions and
requirements set forth in this Request for Competitive Sealed Proposals
("RFCSP").
RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION
CONTAINED IN THIS RFCSP CAREFULLY AND TO SUBMIT A COMPLETE
RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.
2.2 PRE - SUBMITTAL CONFERENCE:
A pre - submittal conference will be held at the date and time listed in Section
2.13. The conference will be held at the City Council Chambers, 1400 Schertz
Parkway, Building 4, Schertz, Texas, 78154. The purpose of this conference is to
discuss with the Proposed Offerors the service to be provided and for the
Proposed Offerors to ask questions arising from their review of the Request for
Proposals. This pre - submittal conference is for informational purposes only.
Answers furnished will not be official until verified in writing by the issuing office
or department. Answers that change or substantially clarify the Request for
Proposals will be affirmed in writing. Copies will be provided to all persons
attending and registering at the conference.
2.3 Submittal Format:
Responses must comply with the Submittal Requirements set out in Section 3 of
this RFCSP.
2.4 Submittal Deadline:
The Owner will accept Responses to this RFCSP until the date and time listed in
Section 2.13, after which time all Responses timely received will be publicly
opened, and the names of the Respondents read aloud. Responses received
after the specified time will not be considered.
2.5 Place for Submission:
Responses must be submitted to the City of Schertz Purchasing Department by
mail or hand delivery as follows:
Rita Duprat -Waldo
Director, Purchasing & Asset Management
10 Commercial Place Building 1
Schertz, Texas 78154
City of Schertz, Texas RFCSP for GC — Baseball Fields
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It is the responsibility of each Offeror to make sure responses are submitted in a
timely manner. The Owner is not responsible for delays in mail delivery, or
failure of couriers to deliver responses prior to the expiration of the deadline for
submission. The Owner shall not be obligated to reimburse any expenses
incurred by the Respondent in preparing a response that is not accepted or
considered.
2.6 The Owner's Contact:
Any questions or concerns regarding this Request for Competitive Sealed
Proposals shall be directed to:
Rita Duprat -Waldo
Director, Purchasing & Asset Management
10 Commercial Place Building 1
Schertz, Texas 78154
The Owner specifically requests that Offerors restrict all contact and questions
regarding this RFCSP to the above named individual.
2.7 Inquiries and Interpretations:
Responses to inquiries which directly affect an interpretation or change to this
RFCSP will be issued in writing by addendum and mailed or faxed to all parties
recorded by the Owner as having received a copy of the RFCSP. Requests for
interpretation or changes to this RFCSP must be received by the Owner's
contact person listed in Section 2.6 above by the date listed in Section 2.13
below. All such addenda issued by the Owner / Landscape Architect prior to the
last date that submittals are required to be received shall be considered part of
the RFCSP, and the Offeror shall be required to consider and acknowledge
receipt of such in its Response. Firms receiving this RFCSP other than directly
from the Owner are responsible for notifying the Owner that they are in receipt of
a submittal package and are to provide a name and address in the event an
amendment is issued. It is the obligation of the Offeror to make sure that it has
received all addenda prior to submission of its Response. Offerors may obtain
information on all addenda issued to the date of inquiry from the Owner's contact
person listed in Section 2.6 above.
Only those responses to inquiries, which are made by formal written addenda,
shall be binding. Oral and other interpretations or clarifications will be without
legal effect, and shall not be binding on the Owner. The Offeror must
acknowledge receipt of all addenda in its Response.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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2.8 Selection Procedure:
The procedure for selecting the General Contractor is described in Section 1.2.D
of this RFCSP.
2.9 Public Information:
The Owner considers all information, documentation and other materials
requested to be submitted in response to this solicitation to be of a non -
confidential and /or non - proprietary nature and therefore shall be subject to public
disclosure under the Texas Public Information Act (Texas Government Code,
Chapter 552.001, et seq.) after a contract is awarded.
Respondents are hereby notified that the Owner strictly adheres to all statutes,
court decisions, and opinions of the Texas Attorney General with respect to
disclosure of public information.
2.10 Respondent's Acceptance of Evaluation Methodology:
WAIVER OF CLAIMS: Each Offeror by submission of a Response to this RFCSP
waives any claims it has or may have against the Landscape Architect, its
consulting engineers, or any other consultants, and their respective employees,
officers, members, directors and partners; The Owner's Representative and its
employees, officers, members, directors and partners; and the Owner, its
employees, officers and elected officials, agents, representatives, that are
connected with or arising out of this RFCSP, including, the administration of the
RFCSP, the RFCSP evaluation, and the selection of qualified Offerors to receive
a Request for Proposals. Submission of qualifications indicates Offeror's
acceptance of the evaluation technique and Offeror's recognition that some
subjective judgments must be made by the Owner during the determination of
qualification. Without limiting the generality of the foregoing, each Offeror
acknowledges that the basis of selection and that the evaluations shall be made
public in accordance with applicable law and waives any claim it has or may have
against the above -named persons, due to information contained in such
evaluations.
2.11 Commitment:
Offeror understands and agrees that the Owner has the ability to terminate its
selection process at any time, and to reject any and all Responses, or any and all
Proposals, and that the Owner has made no representation, written or oral, that it
will award a contract for this Project. Furthermore, Offeror recognizes and
understands that any cost incurred by the Offeror which arises from Offeror's
submittal of a Response to this RFCSP, or subsequent Proposal to the Owner's
Request for Proposals, if applicable, shall be the sole responsibility of Offeror.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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2.12
2.13
2.14
Eligible Respondents:
Only individual firms or formal joint ventures may respond to this RFCSP. Two
firms may not respond jointly unless they have formed a joint venture. (This does
not preclude an Offeror from having consultants.)
Key Events Schedule:
Currently, the Owner has established the following tentative timeline for its
selection process:
Issue Request for Proposals
Pre - Submittal Conference
Final Requests for Interpretations
Issue Addendum
RFCSP Deadline
Interviews (if needed)
Recommendation to Award
Monday February 11, 2013
Tuesday, 2:00 PM CST, February 26, 2013
Thursday, 5:00 PM CDST, March 14, 2013
Thursday, March 21, 2013
Thursday, 10:00 AM CDST, March 28, 2013
Week of April 8, 2013
Following interviews
This timeline is subject to change by Owner.
Insurance Requirements:
A. Before commencing work, the General Contractor (GC) shall, at its own expense,
procure, pay for and maintain the following insurance written by companies
approved by the state of Texas and acceptable to the City of Schertz. The GC
shall furnish to the City of Schertz certificates of insurance executed by the
insurer or its authorized agent stating coverages, limits, expiration dates and
compliance with all applicable required provisions. Certificates shall reference
the project/contract number and be addressed as follows:
13- PK- 07 -C -01 Baseball Fields
Rita Duprat -Waldo
Director, Purchasing & Asset Management
10 Commercial Place Building 1
Schertz, Texas 78154
1.) Commercial General Liability insurance, including, but not limited to
Premises /Operations, Personal & Advertising Injury, Products /Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per- occurrence,
$1,000,000 Products /Completed Operations Aggregate and $1,000,000
general aggregate. Coverage must be written on an occurrence form.
The General Aggregate shall apply on a per project basis.
2.) Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a
per policy aggregate of $500,000.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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1) Business Automobile Liability insurance covering owned, hired and non -
owned vehicles, with a minimum combined bodily injury and property
damage limit of $1,000,000 per occurrence.
4.) Umbrella or Excess Liability insurance with minimum limits of $5,000,000
each occurrence and annual aggregate for bodily injury and property
damage, that follows form and applies in excess of the above indicated
primary coverage (1, 2 and 3). The total limits required may be satisfied
by any combination of primary, excess or umbrella liability insurance
provided all policies comply with all requirements. The GC may maintain
reasonable deductibles, subject to approval by the City of Schertz.
5.) If the GC serves as General Contractor for the Project during the
construction phase, Builder's Risk Insurance will be required. It shall
provide All -Risk coverage including, but not limited to, Fire, Extended
Coverage, Vandalism and Malicious Mischief, Flood (if located in a flood
zone) and Theft in an amount equal to one hundred percent (100 %) of the
completed value of the project in question. The policy shall be written on
a Completed Value Form, including materials delivered and labor
performed for the project. The policy shall be written jointly in the names
of the Owner, Contractor and sub - contractors as their interests may
appear. The policy shall have endorsements as follows:
(a.) This insurance shall be specific as to coverage and not
contributing insurance with any permanent insurance maintained
on the property.
(b.) Loss, if any, shall be adjusted with and made payable to the
Owner on behalf of all insureds as their interests may appear.
6.) Railroad Protective Liability Insurance is not required.
B. With reference to the foregoing required insurance, the GC shall endorse
applicable insurance policies as follows:
1.) A waiver of subrogation in favor of City of Schertz, its officials,
employees, agents and officers shall be contained in the Workers'
Compensation insurance policy.
2.) The City of Schertz, its officials, employees, agents and officers shall be
named as additional insureds on the Commercial General Liability
policy, by using endorsement CG2026 or broader.
3.) All insurance policies shall be endorsed to the effect that City of Schertz
will receive at least thirty (30) days notice prior to cancellation, non -
renewal, termination, or material change of the policies.
C. All insurance shall be purchased from an insurance company that meets a
financial rating of B +VI or better as assigned by the A.M. BEST Company or
equivalent.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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D. The GC agrees to comply with all applicable provisions of Texas Administrative
Code Title 28, Section 110.110, building or construction contracts with
governmental entities, a copy of which is attached to the Construction Agreement
as Exhibit A, and the contractual requirements of which are incorporated by
reference in this Construction Agreement. Under Section 110.110:
1.) Certain language must be included in this Construction Agreement and in
the GC's contracts with sub - contractors and others relating to the work;
2.) The GC is required to submit to the City certificates of coverage for its
employees and for all others providing services relating to the work until
all project work is completed; and
3.) The GC is required to post certain notices at job sites.
2.15 Bonding Requirements:
A. All contracts in excess of $100,000.00 with Prime Contractors or with suppliers
having 15 or more employees shall furnish Payment and Performance Bonds in
accordance with Section 2253.021.
B. Payment and Performance Bond: Contractor shall furnish Bonds in favor of the
Owner in an amount equal to 100% of the total construction cost under this Contract.
Total construction cost are defined as the entire cost of materials and their
installation, and include, but are not limited to, the cost of labor, equipment, supplies,
materials and additional construction costs. The bond shall have corporate Sureties
that are licensed to conduct business in Texas. Contractor agrees that all Bonds
required by Section 2253.021 shall be with insurance companies or sureties that are
A.M. Best Rated "B +" or better, If the surety on any bond furnished by the Contractor
to the Owner is declared bankrupt or becomes insolvent, or has its right to do
business revoked in the State of Texas, then the Contractor will have ten (10) days
to substitute another bond and surety therefore which shall be acceptable to Owner
and which shall be at the expense of the Contractor.
2.16 Indemnification:
A. The Contractor shall protect the public and Owner fully by taking reasonable precaution
to safeguard persons from death or bodily injury and to safeguard property of any nature
whatsoever from damage. Where any dangerous condition or nuisance exists in and
around construction sites, equipment and supply storage areas and other areas in any
way connected with the performance of this contract, the Contractor shall provide and
maintain reasonable warning of such danger or nuisance. The Contractor shall not
create excavation, obstructions, or any dangerous condition or nuisance of any nature
whatsoever in connection with the performance of this contract unless necessary to its
performance, and in that event the Contractor shall provide and maintain at all times
reasonable means of warning of any danger or nuisance created. The duties of the
Contractor in this section shall be non - delegable, and Contractor's compliance with the
specific recommendations and requirements of the City of Schertz, as to the means of
warning shall not excuse the Contractor from the faithful performance of these duties
should such recommendations and requirements not be adequate or reasonable under
the circumstances.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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B. In order to protect Owner from the Contractor's failure to perform any of the foregoing
duties or any of the terms of this contract, the Contractor shall indemnity and save
harmless Owner and its direct consultants and agents and employees from, all losses,
damages, judgments, decrees, and expenses or costs of any nature whatsoever, arising
out of or in any way connected with any claims or actions at law or inequity, brought
against Owner, and its direct consultants and agents and employees for the death or
injury to persons or for damage to property caused, or allegedly caused, by any willing
acts, negligence, nuisance, or breach of any term or condition of this contract in
connection with work to be performed pursuant to said contract, by the Contractor, his
agents, sub - contractors, or employees. The Contractor shall furthermore indemnify and
save harmless Owner and its direct consultants and agents and employees from all
demands of sub - contractors, workmen, materialmen, or suppliers of machinery and parts
thereof, equipment power tools, and supplies incurred in connection with work to be
performed under this contract. Property of any description, including property held by
Owner, which shall be damaged in the performance of this contract by the Contractor,
his agents, employees, sub - contractors or their employees and sub - contractors shall be
restored to its condition prior to damage by the Contractor at the Contractor's expense.
C. Such indemnity shall apply where the claims, losses, damages, causes of action, suits,
judgments, decrees, or liability arise in part from the negligence of Owner. It is the
express intention of the Contractor and Owner that the indemnity provided for in this
paragraph is indemnity by Contractor, to indemnify and protect Owner from the
consequences of their own negligence, where the negligence is a concurring cause of
the injury, death, or damage. Furthermore, the indemnity provided for in this paragraph
shall have no application to any claim, loss, death or damage that results from the sole
negligence of Owner unmixed with the fault of any person or entity.
D. In any claims against Owner or its direct consultants and agents or employees by
Contractor, any employee of Contractor, any sub - contractor, anyone directly or indirectly
employed by Contractor, or any sub - contractor or anyone for whose acts any of them
may be liable, the indemnification obligation under this paragraph shall not be limited in
any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for Contractor or any sub - contractor under workers' compensation acts,
disability benefit acts of other employer's benefit acts.
2.17 General:
A. The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will assure that
employees or applicants for employment are treated in a fair and equitable manner in
such actions which shall include but not be limited to the following: Employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training
including apprenticeship. The Contractor will post in conspicuous places for the benefit
of the employee and applicants for employment notices setting forth the provisions of
this nondiscrimination clause.
B. Upon request, the Contractor will furnish to the City of Schertz all information and reports
and will permit access to the books, records, and accounts for the purposes of an
City of Schertz, Texas RFCSP for GC — Baseball Fields
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investigation to ascertain compliance with rules and regulations set forth by this
organization.
C. If a Contractor is found not to be in compliance with the nondiscrimination clause of this
contract, the contract may be canceled, terminated, or suspended in all or in part and the
Contractor may be debarred from further contracts with the City of Schertz.
D. All Bidders or prospective Contractors or Subcontractors will be required to submit a
statement in writing signed by an authorized official or agent in behalf of the company to
the effect that the signer's practices and policies do not discriminate on the grounds of
race, color, religion, sex, or national origin.
E. The Contractor shall comply with all provisions of Executive Order 11246, Equal
Employment Opportunity, dated 24 September 1965 or as amended and with Section 3
of the Housing and Urban Development Act of 1968 covering opportunities for business
and lower financed HUD assisted projects.
City of Schertz, Texas RFCSP for GC — Baseball Fields
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SECTION 3
SUBMITTAL REQUIREMENTS
3.1 General Instructions:
A. Offerors should carefully read the information contained herein, and submit a
complete response to all requirements and questions as directed.
B. Bids must be clearly marked on the form furnished in Section 00400 of the
Specifications and must be executed personally by an individual authorized to act
on behalf of the Offeror.
C. Responses and any other information submitted by Offerors in response to this
RFCSP shall become the property of the Owner.
D. The Owner will not provide compensation to Offerors for any expenses incurred
by the Offeror(s) for submittal preparation or for any demonstrations that may be
made, unless otherwise expressly stated or required by law. Offerors submit
qualifications and other submittal information in response to this RFCSP at their
own risk and expense.
E. Responses which are qualified with conditional clauses, or alterations, or items
not called for in the RFCSP documents, or irregularities of any kind, are subject
to disqualification by the Owner, at its option. The Owner reserves the right to
waive any irregularity or informality in a Response or Proposal.
F. Each Response should be prepared simply and economically, providing a
straightforward, concise description of the Offeror's ability to meet the
requirements of this RFCSP. Emphasis should be on completeness, clarity of
content, responsiveness to the requirements, and an understanding of the
Owner's needs.
G. The Owner makes no guarantee that an award will be made as a result of this
RFCSP or any subsequent RFCSP, and reserves the right to accept or reject any
or all submittals, waive any formalities, irregularities, or minor technical
inconsistencies, or delete any item /requirements from this RFCSP or contract
when deemed to be in the Owner's best interest. Representations made within
the Proposal will be binding on responding firms.
H. Failure to comply with the requirements contained in this RFCSP may result in a
finding that the Offeror is not qualified and is ineligible to submit a Proposal in
response to any subsequent RFCSP.
Only individual firms or formal joint ventures may apply. Two firms may not apply
jointly unless they have formed a joint venture. Any associates will be
disqualified. (This does not preclude an Offeror from having consultants.)
City of Schertz, Texas RFCSP for GC — Baseball Fields
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3.2 Preparation and Submittal Instructions:
A. Offerors must complete, sign and return the attached Response to RFCSP,
Section 4, as part of their Proposal. Respondent's company official(s) authorized
to execute such submittals on behalf of Offeror must sign submittals. Failure to
sign and return these forms will subject your submittal to disqualification.
B. Responses to this RFCSP should consist of answers to required questions in
Section 5 Offeror Questionnaire. It is not necessary to repeat the question in
your response; however, it is essential that you reference the question number
with your response corresponding accordingly. In cases where a question does
not apply or if unable to respond, reference the question number and indicate
N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your
reason when responding N /R.
C. Page Size, Binders and Dividers:
Submittals must be typed on letter -size
(8 -1/2" x
11 ") paper.
The Owner
requests that submittals be submitted in
a three
(3) ring binder.
Preprinted
material should be referenced in the
submittal
and included
as labeled
attachments. Tabs for ease of reference should divide sections. Number each
side of each page consecutively, including letter of interest, brochures, licenses,
resumes, supplemental information, etc. Submittals must be limited to 50 pages.
Covers, table of contents and divider tabs will not count as pages, provided no
additional information is included on those pages. Provide the number of copies
of the submittal specified in Section 3.2; E. Any submittals exceeding the 50-
page limit may be disqualified.
D. Pagination:
All pages of the submittal should be numbered sequentially in Arabic numerals
(1, 2, 3, etc.). Attachments should be numbered or referenced separately.
E. Number of Copies:
Submit a total of one (1) original, so labeled, one electronic copy and three (3)
copies of the entire Response. An original signature must appear on the original
Response.
F. Submission:
1.) Show the Request for Competitive Sealed Proposal number and submittal
date in the lower left -hand corner of your sealed submittal envelope (or
box or container).
2.) The materials submitted must be enclosed in a sealed envelope (or box
or container); the package must show clearly the submittal deadline; the
RFCSP number must be clearly visible; and name, telephone number and
the return address of the Offeror must be clearly visible on the outside of
the sealed envelope (or box or container).
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 15 of 24
3.) Late submittals properly identified will be returned to Offeror unopened.
Late submittals will not be considered under any circumstances.
4.) Telephone submittals are not acceptable when in response to the
Request for Proposals.
5.) Facsimile ( "FAX ") submittals are not acceptable when in response to this
Request for Proposals.
6.) Internet ( "E- mail ") submittals are not acceptable when in response to this
Request for Proposals
3.3 Pricing:
Submittals shall include all construction costs and other compensation for a
complete and operational facility. All materials, equipment and /or parts that will
become a portion of the completed work including items not specifically stated
herein but necessary to render the construction services complete are to be
included in the bid price.
A detailed breakdown of costs by CSI specification section shall be provided as a
part of this submittal per the bid form shown in the specifications.
Responses shall include criteria for pricing changes, if necessary, for both
additive and deductive changes.
3.4 Submittal Checklist:
Offerors are instructed to complete, sign and return the following documents as a
part of their submittal. Failure to return these documents may subject your
submittal to disqualification.
Signed and Completed Response to RFCSP (ref. Section 4)
Offeror's Responses to Questionnaire (ref. Section 5)
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 16 of 24
SECTION 4
RESPONSE TO RFCSP NO. 13- PK- 07 -C -01
Rita Duprat -Waldo
Director, Purchasing & Asset Management
10 Commercial Place Building 1
Schertz, Texas 78154
Dear Ms. Duprat - Waldo:
This Bid shall remain in effect for sixty (60) days from bid opening and shall be exclusive of
federal excise and state and local sales tax (exempt).
The person signing this Response on behalf of the Offeror represents to Owner that:
(1) The information provided herein is true, complete and accurate to the best of the
knowledge and belief of the undersigned; and
(2) He /she has full authority to execute this Response on behalf of Offerors.
(3) Offeror has received the Addenda to this RFCSP, specifically, Addenda numbered
Executed this day of 2013.
Bidder (Entity Name)
Street & Mailing Address
City, State and Zip
Telephone No.
E -mail Address
Signature
Print Name of Signatory
Title of Signatory
Fax No.
Mobile No.
If not the same as above, indicate the city and state that your principal place of business is
located:
Attachement: Responses to Offeror's Questionnaire
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 17 of 24
SECTION 5
OFFEROR'S QUESTIONNAIRE FOR RFCSP NO. 13- PK- 07 -C -01
Offerors are required to submit a complete response to each of the below listed items.
Responses requiring additional space should be brief and submitted as an attachment to the
Offeror's Questionnaire.
Legal name of the company:
Address of office that would be providing service:
Telephone number:
Number of years in Business:
Type of Operation: Individual _ Partnership_ Corporation
Number of Employees: Annual Sales Volume:
2. State whether you will provide a copy of your company's financial statements for the past
two (2) years, if requested by the Owner.
3. Provide a financial rating of your company and any documentation (e.g. a Dunn &
Bradstreet analysis), which indicates the financial stability of the company.
4. Is your company currently for sale or involved in any transaction to expand or to become
acquired by another business entity? If yes, please explain the impact both in
organizational and directional terms.
5. Provide any details of all past or pending litigation or claims filed against your company
arising out of or in connection with your company's performance under a contract for
construction management and /or construction services. Describe how such suit or
claims were resolved.
6. Is your company currently in default on any loan agreement or financing agreement with
any bank, financial institution, or other entity? If yes, specify date(s), details,
circumstances, and prospects for resolution.
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 18 of 24
Does any relationship exist between your company and any of Owner's officers,
employees or Landscape Architect whether by relative, business associate, capital
funding agreement or any other such kinship? If yes, please explain.
8. What difficulties do you anticipate in serving the Owner and how do you plan to manage
these? What assistance will you require from the Owner?
9. Describe your company's service support philosophy, how is it carried out, and how
success in keeping this philosophy is measured.
10. Provide details regarding any special services or product characteristics, or other
benefits offered, or advantages in the Owner selecting your company.
11. Describe your firm's past performance on other contracts for the Owner (e.g. cost
control, cost savings, schedule control).
12. Describe your firm's demonstrated technical competence and management
qualifications with construction contracting projects, particularly those that are similar to
the proposed building type.
13. Describe the types of records, reports, monitoring systems, and information
management systems that your firm used in the management of the projects listed
above. Describe how you used these systems for three of the projects listed in response
to item 16.
14. Describe your firm's management methodologies for GC project delivery.
15. For three of the projects listed below in response to item 16, describe conflicts or
potential conflicts with the Owner or with trade Contractors, and describe the methods
used to prevent and /or resolve those conflicts.
16. Provide a minimum of three and a maximum of ten projects with photos for which your
firm has provided /is providing construction management or construction services which
are most related to this project. In determining which projects are most related, consider:
same or related use of facilities related size and complexity; whether the project
consisted of an expansion of an existing facility or new construction; how many
members of the proposed team (and their role) worked on the listed project; and, how
recently the project was completed. List the projects in priority order, with the most
related projects listed first.
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 19 of 24
17. For each of the listed projects, provide the following information: construction cost
(original Budget, GMP or LS and final construction cost), current phase of development,
estimated (or past) completion date, type of construction services provided (CM at risk
with GMP, CM- agency, design /build, general Contractor - low bid, general Contractor
through sealed Proposals), Owner's contact person and telephone number, and the
name and telephone number of the project architect.
18. Describe your firm's experience with alternative construction methods, non - traditional
and cost - effective construction methods appropriate for the use of this Project. State
whether any of these methods were used on the projects listed in item 16, and if so,
which projects. Would you recommend using any of these methods for this Project?
Why or why not?
19. Describe your company's quality assurance program, what are your company's
requirements, and how are they measured? In particular, describe the way your firm
maintains quality control during the pre- construction and construction phases. For three
of the projects listed in response to this Section, provide specific examples of how these
techniques were used.
20. Describe your cost control methods for the preconstruction and construction phases.
How do you develop cost estimates and how often are they updated? For three of the
projects listed in response to item 16, provide examples of how these techniques were
used and what degree of accuracy was achieved. Include examples of a successful
constructability program used to maintain project budgets without sacrificing quality.
21. Provide customer reference letters from no less than three (3) public entities with which
Offeror currently has contracts and /or has previously provided construction services of
equal type and scope within the past five (5) years. DO NOT USE REFERENCES
FROM CURRENT CITY OF SCHERTZ OFFICIALS.
22. Describe the way your firm develops and maintains project schedules. How often do
you update schedules? For three of the projects listed in this Response, provide
examples of how these techniques were used. Include specific examples of scheduling
challenges, and how your firm helped solve them.
23. Provide your company's safety Experience Modifier Rate (EMR), Recordable Incident
Rate (RIR) and your Loss Indicator Rate (LIR).
24. Describe the way your firm develops and monitors construction budgets for a project.
How often do you compile actual construction cost information during a project and
compare it with your estimated construction costs? How often do you update your
schedule of values? For three of the projects listed in this Response, provide examples
of budget challenges, and how your firm helped solve them.
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 20 of 24
SECTION 6
ATTACHMENTS
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 21 of 24
OVERALL SITE PLAN
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 22 of 24
N{
SSUH[1CRTZ
Proposed Schertz Ballfields Expansion
®M
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 22 of 24
SELECTION CRITERIA
SELECTION CRITERIA FOR COMPETITIVE SEALED PROPOSALS
Baseball Fields
955 Community Circle
Schertz, Texas 78154
Criteria
Rating
Weight
Score
1. Firm and Individual Qualifications
25%
5 = 0
• Meeting schedules and deadlines
■ Firm's number of years in business
4 = 0
x
2 =
0
■ Firm's experience on similar projects
• Communications and cooperation
x
6 =
0
■ Experience of proposed sub - contractors
x
6 =
0
■ Experience of proposed personnel on similar projects
x
6 =
0
2 Capacity to Perform Work
25%
0
=
❑ Workload and availability to meet schedule
x
2 =
0
❑ Project management plan
2
x
6 =
0
❑ Schedule detail and accuracy
=
x
6 =
0
■ Proposed sub - contractors, vendors, etc.
Excellent
x
3 =
0
■ Proximity to Project Site
x
3 =
0
3 Budget and Fees
25%
■ Price
x
10 =
0
■ Cost estimate detail and accuracy
x
10 =
0
4 References
25%
• Quality of previous construction
x
5 = 0
• Meeting schedules and deadlines
x
4 = 0
• Controlling costs, value engineering and meeting budgets
x
4 = 0
• Communications and cooperation
x
3 = 0
• Past Performance for the City of Schertz, Texas
x
4 = 0
Totals
100%
0
Rating
0
=
N/A
1
=
Poor
2
=
Fair
3
=
Good
4
=
Excellent
5
=
Superior
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 23 of 24
Bond No.
STATUTORY PERFORMANCE BOND
Pursuant to Vernon's Texas Government Code
Title 10, Chapter 2253. as amended
(Penally of this Bond must be 100% of Contract Award)
KNOW ALL MEN BY THESE PRESENTS:
That (hereinafter called "Principal "), as Principal,
and a corporation organized and existing under the laws of
the State of with its principal office in the City of and authorized under the laws
of the Stale of Texas to act as surely, on bonds for principals (hereinafter called "Surety "), are held and firmly,bound
unto THE CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS (hereinafter called "Owner /Obligee "), in the
amount of Dollars ($ . _), for the payment whereof. Principal and Surety,
firmly bind themselves, and their heirs, administrators executors. successors and assigns, jointly, and. severally, by
these presents:
WHEREAS, principal has entered into a certain written contract with the Owner /Obligee, dated the
of , 2013, consisting of
day
(hereinafter called "the Contract"), which Contract is hereby
referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall faithfully perform the
work in accordance with the plans, specifications and contract documents, then this obligation shall be void,
otherwise to remain in full force and effect.
NOW, THEREFORE, IF Principal shall repair any and all defects in said work occasioned by and resulting from
defect in materials furnished by, or workmanship of, Principal in performance of the work covered by the Contract,
occurring during a period of within 12 months from the dale of the Contract Completion Certification, therein this
obligation shall be null and void: otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 10, Chapter 2253, as
amended, of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the
provisions of this Chapter, to the same extent as if it were copied at length herein.
Surety, for value received, stipulates and agrees that no change, extension of time, or other waiver or amendment of
the terms of the Contract or to the work thereunder, nor any change in the method or amount of payments stipulated
to be made by Owner /Obligee under the Contract, shall relieve Surely of its obligations hereunder, and Surety, hereby
waives notice of any such change, extension of time, waiver or amendment of the terms of the Contract or to the work
thereunder. The bond shall be automatically extended in lime, without formal and separate amendment, to cover full
and faithful performance of the Contract in the event of modification of the Contract regardless of the length of time
involved.
IN WITNESS THEREOF, Principal and Surely have signed and sealed this instrument on the day
, 2613.
Principal
Address
Address
Name, Address and "relephone of Resident Agent of Surety:
Surety
City of Schertz, Texas RFCSP for GC — Baseball Fields
Page 24 of 24