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Replacement of the Exterior Glazed Aluminum Assemblies RFP #14-PK-28-C-02REQUEST FOR COMPETITIVE SEALED PROPOSALS ( RFCSP) FOR CONSTRUCTION SERVICES FOR REPLACEMENT OF THE EXTERIOR GLAZED ALUMINUM ASSEMBLIES FOR THE RECREATION BUILDING 621 WESTCHESTER DRIVE SCHERTZ, TEXAS 78154 RFCSP No. 14- PK- 28 -C -02 July 7, 2014 ARCHITECT Munoz and Company, Inc. 1017 N. Main Avenue Suite 300 San Antonio, Texas 78212 Phone (210) 349 -1163 Fax (210) 525 -1038 A Pre - Submittal Conference is scheduled for :00 PM Central Daylight Savings Time (CDST), Tuesday, July 15, 2014 At City Hall 1400 Schertz Parkway Building 1 Schertz, Texas 78154 Proposals will be accepted by mail or hand delivery no later than 11:00 AM CDST, Tuesday July 29, 2014, to: Nancy Tumlinson 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 Competitive Sealed Proposals (RFCSP) to award a construction contract as herein described for the purpose defined in this document. By responding to this invitation, the parties providing responses (referred to herein as "Offerors ", "Respondents" or "Offerors ") agree 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 engaged Muhoz and Company, Inc, 1017 N Main Avenue, San Antonio, Texas 78212, to design the replacement of the EXTERIOR GLAZED ALUMINUM ASSEMBLIES as indicated in the Contract Documents. C. The Project consists of removal and replacement of the exterior curtain wall, glazing systems, doors and other glazing as indicated in the Contract Documents. Budgeted construction costs, including all General Contractor fees are $300,000.00. D. The Owner is seeking an experienced curtain wall and glazing firm who will act as the General Contractor (GC) to perform construction services related to the Project and will work with the Architect, City staff and the City's Owner's Representative, Jackson A &E Associates, Inc., and who will propose a Lump Sum Price (LS) for the Project. Whenever the term General Contractor is used in these documents it shall understood to mean this contractor. E. Offerors are expected to assist the Owner in evaluating and ensuring the feasibility and constructability of the Project design and assisting in bringing the estimated construction cost of the Project within the Construction Budget through value engineering, the selection of building 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 Chapter 2269 of the 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. City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 2 of 27 B. General Conditions: "General Conditions" in the context of a contract for the construction of a facility means on -site management, administrative personnel, insurance, bonds, equipment, utilities, and incidental work, including minor field labor and materials. C. Architects and Enaineers: The Owner has previously selected the 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 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. 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 in writing, 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 Weighting in Appendix A) 1. Firm and individual qualifications • Firm's number of years in business • Firm's experience on similar projects • Experience in renovation of curtain wall systems • Experience of proposed personnel on similar projects 2. Capacity to perform work • Workload and availability to meet schedule • Project management plan • Schedule detail and accuracy • Proposed sub - contractors, vendors, etc. • Proximity to project site 3. Budget and fees • Price • Cost estimate detail and accuracy • Base fee • Fee adjustments City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 3 of 27 4. References • Quality of previous construction • Meeting schedules and deadlines • Controlling costs, value engineering and meeting budgets • Communications and cooperation • Past performance for the City of Schertz, Texas 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 the payment and performance bonds required by Chapter 2253. 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 proposed major subcontractors with this submittal. F. The GC and all sub - contractors must comply with the prevailing wage rate requirements described in the Agreement. G. Project 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: rough and finish carpentry, millwork and casework; dampproofing and waterproofing, caulking and sealants, thermal insulation, flashing and sheet metal, roofing, aluminum doors and frames, glass and glazing, finish architectural hardware, acoustical ceilings, resilient flooring and base, carpeting, tile or wood flooring, metal studs and support systems, gypsum drywall, painting and special floor coatings, 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 Architect and Builders Exchange of Texas, 4047 Naco Perrin, San Antonio, Texas, 210.564.6900; McGraw Hill Construction Dodge, City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 4 of 27 2122 Mannix, San Antonio, Texas, 210.826.3397; San Antonio Chapter A.G.C., 10806 Gulfdale, San Antonio, Texas, 210.349.4921. All costs shall be the responsibility of the entity requesting documents. 3) Schedule: The City anticipates that the construction duration will be 6 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. 4) In order to respond to this RFCSP your company MUST register as a Schertz Vendor at www.publicpurchase.com so that any changes /additions via Addendum can be accessed by your company. Vendor registration instructions can be found at www.schertz.com, Departments, Purchasing, Open Proposals and click on the words "Vendor Registration Instructions ". Any questions may be directed to Nancy Tumlinson, Purchasing & Asset Management at (210) 619 -1160. City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 5 of 27 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 2269.151 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 Bob Andrews Conference Room, City Hall, Building 1, 1400 Schertz Parkway, 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 RFCSP. 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 RFCSP 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: Nancy Tumiinson Purchasing & Asset Management 10 Commercial Place Building 1 Schertz, Texas 78154 City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 6 of 27 put 2.7 It is the responsibility of each timely manner. The Owner failure of couriers to deliver r submission. The Owner sh, incurred by the Respondent considered. The Owner's Contact: Offeror to make sure responses are submitted in a is not responsible for delays in mail delivery, or )sponses prior to the expiration of the deadline for II not be obligated to reimburse any expenses in preparing a response that is not accepted or Any questions or concerns regarding this Request for Competitive Sealed Proposals shall be directed to: Nancy Tumlinson 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. 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, posted electronically 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 / 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 Replacement of Exterior Glazed Aluminum Assemblies Page 7 of 27 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: By submitting their Proposal the Respondent acknowledges that submittals 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 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. 2.12 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.) City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 8 of 27 2.13 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) Monday July 7, 2014 Tuesday, 2:00 PM CDST, July 15, 2014 Friday, 1:00 PM CDST, July 18, 2014 Wednesday, July 23, 2014 Thursday, 11:00 AM CDST, July 29, 2014 Week of August 11, 2014 This timeline is subject to change by Owner. 2.14 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: 14- PK- 28 -C -02 Replacement of Exterior Glazed Aluminum Assemblies Nancy Tumlinson 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. 3.) 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 City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 9 of 27 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.) The City requires Builder's Risk Insurance. 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. 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; City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 10 of 27 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. Prime Contractors shall furnish Payment and Performance Bonds in accordance with Section 2253.021 of the Texas Government Code. 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 and 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. 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 DEFEND AND HOLD 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 City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 11 of 27 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, DEFEND AND HOLD 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 IT'S OWN NEGLIGENCE, WHERE THE NEGLIGENCE IS A CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGE. HOWEVER, THE INDEMNITY PROVIDED FOR IN THIS SECTION 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. City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 12 of 27 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 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 Offerors 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 Replacement of Exterior Glazed Aluminum Assemblies Page 13 of 27 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. Proposals must be clearly marked on the form furnished 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. I. 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 Replacement of Exterior Glazed Aluminum Assemblies Page 14 of 27 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 and with an original signature, three (3) complete copies of the entire Response and one electronic copy on a DVD or USB. 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 Scheriz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 15 of 27 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 the complete Project. 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 Proposal price. 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 Replacement of Exterior Glazed Aluminum Assemblies Page 16 of 27 SECTION 4 RESPONSE TO RFCSP NO, 14- PK- 28 -C -02 Nancy Tumlinson Purchasing & Asset Management 10 Commercial Place, Building 1 Schertz, Texas 78154 Dear Ms. Tumlinson: This Proposal shall remain in effect for sixty (60) days from 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 2014. Offeror (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 Replacement of Exterior Glazed Aluminum Assemblies Page 17 of 27 SECTION 5 OFFEROR'S QUESTIONNAIRE FOR RFCSP NO. 14- PK- 28 -C -02 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. 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. 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 Replacement of Exterior Glazed Aluminum Assemblies Page 18 of 27 Does any relationship exist between your company and any of Owner's officers, employees or 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 that involve the removal and replacement of exterior curtain wall and glazing of occupied buildings similar to this Project. 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 and letters of reference for which your firm has provided /is providing 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 a renovation 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 Replacement of Exterior Glazed Aluminum Assemblies Page 19 of 27 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 Proposal, 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 Replacement of Exterior Glazed Aluminum Assemblies Page 20 of 27 SECTION 6 APPENDIX A City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 21 of 27 PROPOSALFORM 1.01 TO: City of Schertz, Texas Purchasing Department 10 Commercial Place Building 1 Schertz, Texas 78154 1.02 FOR: Replacement of Exterior Glazed Aluminum Assemblies City of Schertz Recreation Center 621 Westchester Drive Schertz, Texas 78154 RFCSP # 14- PK- 28 -C -02 1.03 DATE 1.04 SUBMITTED BY: OFFEROR'S FULL NAME _IIC CITY, STATE, ZIP 1.05 Proposal A. Having examined the place of the work and all matters referred to in the Instructions to Offerors and the Contract Documents prepared by Munoz and Company, Inc. for the above mentioned project, we, the undersigned, hereby to complete all work in accordance with the Contract Documents for the Lump Sum of: Dollars �$ 1. B. We have included all costs related to the required Bonds and Insurance required by the City of Schertz. C. The Offeror hereby covenants and agrees the claims for additional compensation or extensions of time because of the Offerors failure to familiarize itself with the Contract Documents or any condition at the Project site that might affect the Work will not be allowed. D. The Offeror, by submitting their Proposal, acknowledges and agrees that they fully understand the intent and purpose and Scope of Work required by the Contract Documents and the existing conditions at the Recreation Center. City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 22 of 27 ACCEPTANCE A. This Proposal shall be valid for not less than sixty (60) days from the date submitted. B. If this Proposal is accepted by the City of Schertz within the time period stated above or has begun negotiations in good faith we will upon receipt of Notice to Proceed: 1. Execute a contract within seven days. 2. Furnish the required Bonds and Certificate of Insurance prior to start of work. 3. Commence work within seven days. C. If this Proposal is accepted within the time frame outlined above and we fail to commence the Work or we fail to provide the required Bonds and Insurance, we agree to damages equal to the difference between this Proposal and the amount of the Proposal of the successful next highest Offeror upon which a Contract for this work is executed. 1.07 CONTRACT TIME A. If this Proposal is accepted we will complete all work required by the Contract Documents within calendar days of the Notice To Proceed. 1.08 CONTRACTOR'S PERSONNEL A. The Offeror agrees to employ the following individuals for the entire duration of the work at the positions indicated and agrees not to remove or replace them with other personnel without the written permission of the Owner except as otherwise allowed in the Contract Documents. Project Manager Superintendent 1.09 ADDENDA A. The Offeror acknowledges the following Addenda and all costs associated with these Addenda have been included in the Proposal. (Addenda(s) number and date) 1.10 PROPOSED SUBCONTRACTORS A. The Offeror intends to retain the Subcontractors listed below for the portions of the Work indicated for their trades. City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 23 of 27 1.11 PROPOSAL REQUIREMENTS A. Representations: By execution and submission of this Proposal the Offeror hereby represents and warrants to the Owner as follows: 1. The Offeror has prior experience on the replacement of exterior glazed aluminum assemblies of similar type, nature and class as the Work for this Project. 2. The Offeror has read and understands the Proposal Documents and the Contract Documents and that this Proposal is submitted in accordance with the Proposal Documents 3. The Offeror has inspected the site and is familiar with the local conditions under which the Work is to be performed and has correlated the Offerors site City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 24 of 27 observations with the requirements of the Contract Documents or assumes any liability for not doing so. 4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OFFEROR WAIVES ANY CLAIM IT HAS OR MAY HAVE AGAINST THE CITY OF SCHERTZ ITS CONSULTANTS, EMPLOYEES, AGENTS, OR ELECTECTED OFFICIALS ARISING OUT OF OR IN CONNECTION WITH THE ADMINISTRATION, EVALUATION OR RECOMMENDATIONS OF ANY PROPOSAL, WAIVER OF ANY REQUIREMENTS, ACCEPTANCE OR REJECTION OF ANY PROPOSAL, AND THE AWARD OF ANY CONTRACT. Signed this day of 2014 By: Offeror Title Company Name City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 25 of 27 SELECTION CRITERIA SELECTION CRITERIA FOR COMPETITIVE SEALED PROPOSALS REPLACEMENT OF CURTAIN WALL SYSTEM 621 WESTCHESTER DRIVE Schertz, Texas 78154 Criteria Rating Weight Score 1. Firm and Individual Qualifications 25% • Firm's number of years in business x 2 = 0 • Firm's experience on similar projects x 6 = 0 • Experience in renovation of curtain wall systems x 6 = 0 • Experience of proposed personnel on similar projects x 2 = 0 2 Capacity to Perform Work 25% • Workload and availability to meet schedule x 2 = 0 • Project management plan x 5 = 0 • Schedule detail and accuracy x 5 = 0 • Proposed sub - contractors, vendors, etc. x 3 = 0 • Proximity to Project Site x 5 = 0 3 Budget and Fees 25% • Price x 6 = 0 • Cost estimate detail and accuracy x 4 = 0 • Base fee x 6 = 0 • Fee adjustments x 4 = 0 4 References 25% • Quality of previous construction x 4 = 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 5 = 0 Totals 100% 0 Rating 0 = N/A 1 = Poor 2 = Fair 3 = Good 4 = Excellent 5 = Superior City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 26 of 27 Bond No. STATUTORY PERFORMANCE BOND Pursuant to Vernon's Texas Government Code Title 10, Chapter 2253. as amended (Penalty 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 State of Texas to act as surety, 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 (yam . _), 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 day of 2012, consisting of (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 date 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 Surely, 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 time and Contract Sum, 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 or increase in Contract Sum involved. IN WITNESS THEREOF, Principal and Surely have signed and sealed this instrument on the day .2014. Principal Address By Name, Address and Telephone of Resident Agent of Surety: Surety City of Schertz, Texas Replacement of Exterior Glazed Aluminum Assemblies Page 27 of 27