12-001 Request for Proposal 25006665.pdf

Request for Proposals

RFP 25006665

for

Construction Manager at Risk

(CMAR)

for Beal Park Phase 2 Project

Proposals for this requirement will be accepted until 2:00 P.M. CDT on September 17, 2025

Proposals May be Mailed or Delivered to:

City Secretary

City of Midland

Suite 330

P.O. BOX 1152

Midland, Texas 79702-1153

(300 N. Loraine, Suite 330 Midland, TX 79701)

No Late Proposals Will Be Accepted

NOTICE TO PROPOSERS:

1. IMPORTANT NOTICE – IF THE CONTRACT DOCUMENTS REQUIRE WORKER’S COMPENSATION INSURANCE, PROPOSER/CONTRACTOR MUST CARRY WORKER’S COMPENSATION INSURANCE TO BE ELIGIBLE FOR THIS CONTRACT. IF YOU

CANNOT PROVIDE WORKER’S COMPENSATION INSURANCE AS REQUIRED BY STATE OF TEXAS STATUTE, WE RESPECTFULLY

REQUEST THAT YOU “NO BID” THIS WORK

2. COMPLIANCE. – COMPANY AGREES THAT IT SHALL COMPLY WITH TEXAS GOVERNMENT CODE SECTION 2252.908, ET SEQ., AS AMENDED. COMPANY AGREES THAT IT SHALL COMPLY WITH TEXAS LOCAL GOVERNMENT CODE SECTION 176.006, ET SEQ., AS

AMENDED.

3. PUBLIC INFORMATION. TO THE EXTENT THAT PROPOSER IS SUBMITTING A PROPOSAL FOR A CONTRACT DESCRIBED BY

SECTION 552.371 OF THE TEXAS GOVERNMENT CODE, PROPOSER AGREES AS FOLLOWS IN ACCORDANCE WITH SECTION

552.372(B) OF THE TEXAS GOVERNMENT CODE: THE REQUIREMENTS OF SUBCHAPTER J, CHAPTER 552, GOVERNMENT CODE, MAY

APPLY TO THIS PROPOSAL, AND THE CONTRACTOR OR VENDOR AGREES THAT THE CONTRACT CAN BE TERMINATED IF THE

CONTRACTOR OR VENDOR KNOWINGLY OR INTENTIONALLY FAILS TO COMPLY WITH A REQUIREMENT OF THAT SUBCHAPTER.

TABLE OF CONTENTS

SCHEDULE OF EVENTS ............................................................................................................................... iii

Special Terms and Conditions .......................................................................................................................... iv

1. General Information

2. Proposal Waivers

3. Scope of Project

4. Project Schedule and Budget

5. Vendor Qualifications

6. Evaluation Criteria and Process

7. Proposal Contents

8. TEXAS PUBLIC INFORMATION ACT

9. Notification and Award

10. Statutory References and Notes

EXECUTION OF OFFER

PROPOSAL FORM

EXHIBIT A - ALLOWABLE GENERAL CONDITION LINE ITEMS

CITY OF MIDLAND CONTRACT

SCHEDULE OF EVENTS

RFP 25006665

For Construction Manager at Risk (CMAR) for Beal Park Phase 2 Project

Event Date* RFP Released ............................................................................................................. August 20, 2025 Pre-Proposal Conference ………………………………………………………….. August 27, 2025 Cutoff Date for inquiries and clarification…………………………………………. September 12, 2025 Proposal Due Date ...................................................................................................... September 17, 2025 Notification of Vendor Interviews / Product Demonstrations .................................... To Be Determined Intended Date for Contract Award.............................................................................. October 14, 2025

*These dates are our intended schedule; however, they may be changed as necessary without further notice.

NOTE:

From the issuance date of this RFP until a Contractor(s) is selected, all verbal communication is not binding.

The City will only be bound by written comments submitted by the Purchasing Office.

SPECIAL TERMS AND CONDITIONS

Proposal Requirements /Terms

1. Unless otherwise called for, the number of copies specified in the RFP, shall be submitted typewritten or printed in ink. Many Requests for Proposals are in a word format that can be completed on your computer and will be noted on the cover page if available.

2. Each proposal should be placed in a separate envelope completely and properly identified with the RFP number, due time and date. Proposal must be time stamped at the appointed receipt location before the hour and date specified for the proposal receipt. Responsibility for having the proposal properly marked and to the opening location by the specified date and time is solely the offerors. All copies of the proposal may be delivered in the same box/package.

3. Any Proposal may be withdrawn in writing prior to the date and time set for receipt of proposals.

Any proposals not so withdrawn shall constitute an irrevocable offer, for a minimum period as stated in the RFP following the final acceptance date, to provide the commodity or service set forth in the attached specifications, or until a selection has been made by the City.

4. Late proposals will not be accepted under any circumstances.

5. Proposal should give full firm name and address of Offeror. Failure to manually sign the proposal will disqualify it. The person signing the proposal should show title or authority to bind his/her firm in contract. Insert your Federal Employer’s Identification Number or Sole owner should enter SSN - - .

6. Purchases made for City use are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in your proposal. Tax exemption certificates will be furnished by the City upon request.

7. Telephone proposals are not acceptable when in response to an RFP.

Conditions

The City of Midland is requesting proposals with the intent of awarding a contract for the requirement contained in this RFP. However, the City is not obligated to award a contract on this solicitation and reserves the right to reject any and all proposals and award the proposal to best serve the interests of the City.

1. Offerors electing to respond to this RFP are responsible for all costs of proposal preparation. The City is not liable for any costs incurred by an offeror in response to this

RFP.

2. No public disclosures or news releases pertaining to this RFP shall be made without prior written approval from purchasing.

3. In case of a tie between two or more offerors, the award will be made in accordance with preferences as outlined by statute.

4. The Offeror agrees to protect the City from claims involving infringement of patents or copyrights.

5. The Offeror hereby assigns to Purchaser, any and all claims for overcharges associated with any contract resulting from this RFP which arise under the antitrust laws of the United States 15 U.S.C.A. Section 1, et seq. 1973 and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

6. No substitutions or cancellation permitted without the written approval of the City Purchasing Agent. Deliveries made pursuant to a resulting contract shall be made during normal working hours only unless approval for late delivery has been obtained.

7. Contractor shall submit two copies of an itemized invoice to Accounts Payable, The City of Midland, Texas, P.O. Box 1152, Midland Texas 79702. Each copy of the invoice shall reference the P.O. and the RFP numbers.

8. In the event of a conflict between the standard proposal requirements and conditions and the attached detail specification, the detail specifications shall govern.

9. Governing Law & Venue: This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes or lawsuits arising from the performance of this contract shall be exclusively in Midland County, Texas. The parties agree that all performance under this contract shall take place in Midland, County, Texas. The Contractor and City agree that all payments made under this contract shall take place in Midland County, Texas.

10. This obligation and undertakings of each of the parties to this contract shall be deemed to have been performed in Midland County, Texas.

1.0 GENERAL INFORMATION

1.1. INTRODUCTION and PURPOSE

The City of Midland Parks Division (hereinafter referred to as "the City") is seeking a highly qualified General Contractor to serve as the Construction Manager at Risk (CMAR) providing pre-construction and construction services for Beal Park Phase 2 located at 5200 W. Wall Street, Midland, Texas 79703.

The purpose of this Request for Proposal (RFP) is to solicit proposals from highly experienced General Contractors, interested in serving as Construction Manager-at-Risk (CMAR) for the Beal Park Phase 2 Project (the “Project”), pursuant to Subchapter F, Chapter 2269, Texas Government Code. The City of Midland is conducting this procurement in accordance with Subchapter F, Chapter 2269 of the Texas Government Code, utilizing the one-step selection process authorized by Section 2269.253. Under this one-step process, offerors are required to submit both qualifications and price proposals together in response to this RFP. Offerors should carefully review the following sections for updated instructions and process details. In the event of any conflict between this section and other portions of the RFP, the process described herein shall control.

This RFP is seeking a CMAR who is a qualified general contractor with prior experience in the construction of improvements similar to those described in the Project and who is:

1.1.1. Able to work with the City and Architect (sometimes collectively referred to herein as

“the Team”) prior to commencing construction of the Project to analyze Architect’s design, including the Plans and Specifications, 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 building systems and materials, cost estimating, scheduling, and other means, without adversely affecting the capacity and quality of the Project; and

1.1.2. Who will propose a Guaranteed Maximum Price for the construction of the Project after or during completion of the preconstruction services, which is within the Construction Budget and Schedule. The CMAR will serve as general contractor for the Project during the construction phase

Request for Proposal Standard Information

This Request for Proposal (RFP) is issued in accordance with City of Midland Policy, the RFP Manual and the statutes of the State of Texas. The RFP process is a procurement option allowing the award to be evaluated based on stated criteria. The RFP states the relative importance of all criteria. No other criteria, other than as outlined in the Request for Proposal, will be used.

1.2. PROCUREMENT METHOD AND PROCESS

The City of Midland will employ the one-step Construction Manager-at-Risk (CMAR) procurement method as set forth in Texas Government Code Section 2269.253. Under this one-step process, all interested General Contractor firms are required to submit, in response to this RFP, both their qualifications and a price proposal—including all required pricing, fees, and general conditions information—at the time of initial submission.

All proposals will be evaluated based on both qualifications and price, in accordance with the evaluation criteria and weighting set forth in this RFP. The City will consider factors such as pre-construction experience, commercial/park construction experience, key personnel, references, claims history, and price, as required by statute and as detailed in the evaluation section of this RFP. Price will be a factor in the selection, and the contract will be awarded to the Contractor offering the best value to the City, as determined by the combined evaluation of qualifications and price, consistent with the requirements of Subchapter F, Chapter 2269 of the Texas Government Code.

There will be no separate shortlisting or subsequent request for proposals; all required information must be included in the initial submission. The City will publicly open and read aloud the names of all firms submitting proposals at the time and place specified in this RFP, in accordance with statutory requirements. All offerors are responsible for ensuring that their proposals are complete and responsive to all requirements of this RFP and applicable law.

1.3. INITIAL EVALUATION

Upon receipt, the proposal information will be disclosed only to persons participating in the evaluation or contracting process until the proposal has been reviewed and all marked trade secrets have been removed (see “Trade Secrets and Other Withheld Information” statement below). After this review, all remaining proposal materials will be available under the open records act. The proposals will be initially evaluated by the committee as being “responsive” or “non-responsive”.

1.4. AWARD

If the Contract is awarded, it will be awarded the offeror that submits the proposal that offers the best value for the City based on the published selection criteria and on its ranking evaluation.

1.5. TRADE SECRETS

1.5.1. All information received in response to this RFP will be available to the public except for:

1.5.1.1. trade secrets meeting the requirements of Texas Government Code Title 5, Chapter 552, Subchapter C, § 552.110; and

1.5.1.2. matters involving individual safety as determined by the department.

1.5.2. In order for an offeror to claim trade secret material, the following conditions must be met. Information to be withheld must be clearly marked and separated from the rest of the proposal.

1.5.2.1. The proposal may not contain trade secret matter in the cost or price.

1.5.2.2. An affidavit from the offeror’s legal counsel attesting to and explaining the validity of the trade secret claim must be attached to each proposal containing trade secrets. In addition, offerors submitting a proposal containing trade secrets must be prepared to pay all legal costs and fees associated with defending the claim for trade secret protection in the event of an open records request from another party.

1.5.3. Documents not meeting all of the requirements of (1) and (2) will be available for public inspection, including copyrighted materials.

1.6. LATE PROPOSALS

Proposals received after the time specified for receipt of proposals will be destroyed or returned at the offeror’s expense after consultation with the offeror. There are no exceptions to this deadline.

1.7. PREPARING A RESPONSE

This RFP contains the instructions governing the proposals to be submitted and a description of the mandatory requirements. To be eligible for consideration, an offeror must meet the intent of all mandatory requirements. Compliance with the intent of a mandatory requirement will be determined by the Purchasing Office. When imperative language (shall, will, must) appears in any section of the RFP, it is considered to be mandatory.

1.7.1. Offerors shall promptly notify the City of any ambiguity, inconsistency or error, which they may discover upon examination of this RFP.

1.8. PRE-PROPOSAL CONFERENCE:

A Pre-Proposal Conference will be conducted at 300 N. Loraine (Basement Conference Room) on August 27, 2025 at 3:00 p.m. Offerors may use this opportunity to notify the City of any ambiguity, inconsistency, or error, which they may discover upon examination of this RFP. All responses to questions at the Pre-Proposal Conference will be oral and in no way binding on the City.

1.9. CLARIFICATION/ INTERPRETATION

Offerors requiring clarification or interpretation of any section or sections contained in this RFP shall make a written request to the City Purchasing Agent by the deadline described in the Schedule of Events. All written correspondence must be addressed to:

The City of Midland FAX: (432) 685-0523 Office of the Purchasing Agent OR P.O. Box 1152 e-mail: purchasing@midlandtexas.gov Midland, TX 79702

1.10. FORMAT FOR INQUIRIES:

Each offeror submitting written questions must clearly address each question by reference to a specific section, page and item of this RFP. An official written answer will be provided to all questions received. Verbal responses shall not be considered binding.

1.11. INTERPRETATION:

Any interpretation, correction or change of this RFP will be made by written Addendum.

Interpretations, corrections or changes of this RFP made in any other manner will not be binding and offerors shall not rely upon such interpretations, corrections or changes.

The City of Midland Purchasing Office will issue any necessary Addenda.

A point-by-point response to all numbered sections, subsections, paragraphs, subparagraphs and appendices must be submitted by each offeror in order to be considered for selection.

1.12. PROPOSAL ORGANIZATION AND SUBMISSION

Offerors must organize proposals into sections following the format of this RFP, with tabs separating each section. If no exception, explanation, or clarification is required in the offeror's response to a specific subsection, the offeror shall indicate so in the point-by-point response with the following:

“(Offeror’s Name)", understands and will comply.

1.13. OFFER PRICING

Offerors must respond to this RFP by utilizing the Proposal Form. The Proposal Form will be used as the primary representation of each offeror’s cost, and will be used extensively during proposal evaluations. Additional information should be included as necessary to explain in detail the offeror’s cost.

Proposals should be complete to the degree that all of the information sought by this RFP is supplied in the order requested.

1.14. SUBMISSION REQUIREMENTS

Offerors must submit, as part of their proposal in response to this RFP, all information requested pertaining to qualifications, experience, key personnel, references, claims history, and all required pricing, fee, and general conditions information. All required information—including both qualifications and price proposals—must be included in a single, complete submission. Any proposal that fails to include all required information, or that is incomplete or non-responsive to the requirements of this RFP, may be disqualified from consideration.

All proposals must be organized in accordance with the RFP instructions. Offerors should ensure that their submission is clear, complete, and responsive to all requirements, including the inclusion of all cost- and price-related information as specified. This requirement applies to all attachments, exhibits, and supplemental materials included with the proposal.

There will be no separate shortlisting or subsequent request for proposals; all information necessary for evaluation and award must be included in the initial submission. These requirements are established pursuant to Texas Government Code Section 2269.253 and Subchapter F, and compliance is mandatory.

1.14.1. Number of copies and Location:

1.14.1.1. Offerors must submit one (1) original hard copy to the City Secretary or one (1) digital copy (PDF) though the eProcurement Software. Sealed Proposals must be received by the date before the time stated on the face of the Request for Proposal Cover Page, local time. Sealed Proposals received after this time will not be accepted for consideration. Facsimile copies are not acceptable.

1.14.1.2. Please be sure to label the outermost package of the RFP whether it is an envelope, box or overnight package with the RFP number, RFP description and closing date so that it is visible when received by the City.

1.14.2. Each Offeror who submits a proposal represents that:

1.14.2.1. The proposal is based upon an understanding of the specifications and requirements described in this RFP.

1.14.2.2. Costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the offeror. The City is not liable for any expense incurred by the offerors in the preparation and presentation of their proposals.

1.14.2.3. All materials submitted in response to this RFP become the property of the City and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and offeror resulting from this RFP process.

1.14.3 The proposals must be signed in ink by an individual authorized to legally bind the offeror submitting the proposal.

1.14.4 A proposal may not be modified, withdrawn or canceled by the offeror for a 120-day period following the deadline for proposal submission, as defined in the Schedule of Events, and offeror so agrees in submitting the proposal.

1.15. RIGHTS RESERVED

While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Midland to award a contract. Upon a determination, such actions would be in its best interests, the City in its sole discretion reserves the right to:

a) waive any formality;

b) cancel or terminate this RFP;

c) reject any or all proposals received in response to this document;

d) waive any undesirable, inconsequential, or inconsistent provisions of this document, which would not have significant impact on any proposal; not award, or if awarded, terminate any contract if the City determines adequate City funds are not available.

1.16. BONDING REQUIREMENTS

See Contract

1.17. SUBCONTRACTING

The CMAR must select subcontractors or trade contractors in accordance with the terms of applicable law and the Contract, which are summarized as follows:

1.17.1. Trade Contractors and Subcontractors:

A CMAR shall publicly advertise and solicit either competitive bids or competitive sealed proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in general conditions. A CMAR may seek to perform portions of the work itself if the CMAR submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and if the City determines that the CMAR’s bid proposal provides the best value for the City.

The City reserves the right to contract separately with other suppliers, vendors and contracts as deemed in the best interest of the project, and CMAR will be required to coordinate with any other contracts such as, HVAC, testing and balancing, material testing, etc.

1.17.2. Receipt of Bids or Proposals:

The CMAR, Architect and the City shall receive and open all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process.

1.17.3. Acceptance of Recommendations for Trade Contractors and Subcontractors:

If the CMAR reviews, evaluates, and recommends to the City a bid or proposal from a trade contractor or subcontractor, but the City requires a bid or proposal from another trade contractor or subcontractor to be accepted, then, pursuant to the terms of the Agreement, the City shall compensate the CMAR by a change in Contract Sum, Contract Time, or Guaranteed Maximum Price for any additional cost and risk, which has been demonstrated to the City’s satisfaction and as required by the Agreement, that the CMAR may incur because of the City’s requirement that another trade contractor or subcontractor bid or proposal be accepted.

1.17.4. CMAR Responsible for Subcontractors:

The successful offeror will be the Prime Contractor and shall be responsible, in total, for all work of subcontractors. All subcontractors must be listed in the proposal. The City reserves the right to approve all subcontractors.

1.17.5. CMAR Responsible for Acts and Omissions:

The contractor shall be responsible to the City for the acts and omissions of all subcontractors or agents and of persons directly or indirectly employed by such subcontractors, and for the acts and omissions of persons employed directly by the contractor. Further, nothing contained within this document or any contract documents created as a result of any contract awards derived from this RFP shall create any contractual relationships between any subcontractor and the City.

1.18. INSURANCE REQUIREMENTS

See Contract

1.19. CMAR'S RESPONSIBILITIES

The successful offeror shall keep informed of, and shall comply with all applicable laws, ordinances, rules, regulations and orders of the City, County, State, Federal or public bodies having jurisdiction affecting any work to be done to provide the services required. The offeror shall provide all necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration.

1.20. OFFEROR COMPETITION

The City encourages free and open competition among offerors. Whenever possible, specifications, proposal requests and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost- effective services.

The offeror's signature on a proposal in response to this RFP guarantees that the prices quoted have been established without collusion of other eligible offerors and without effort to preclude the City of Midland from obtaining the best possible price.

1.21. CONTRACT PROVISIONS AND TERMS

1.21.1. Contract Execution

The City will execute a contract with the successful offeror(s). The City requires that the RFP the terms and conditions attached to it, the offeror’s response, and any formal addenda to the RFP be included as part of any contract documents.

1.21.2. Terms and Conditions

Contract that will be executed by the successful offeror and the City is found in Appendix A.

1.21.3. Exceptions to Contract Terms & Conditions

Offerors should notify the City of any terms within the sample contract that either precludes them from responding to the RFP or add unnecessary cost.

1.21.4. Contract Extension

The offeror agrees that, through the term of the initial contract and any agreed-upon extension, the City will be entitled to any price reductions at least equal to any lower prices made available to any other customer of comparable volume.

2.0. PROPOSAL WAIVERS:

2.1. WAIVER OF ATTORNEY FEES: BY SUBMITTING THIS PROPOSAL,

OFFEROR AGREES TO WAIVE AND DOES HEREBY KNOWINGLY,

CONCLUSIVELY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY CLAIM

IT HAS OR MAY HAVE IN THE FUTURE AGAINST CITY REGARDING THE

AWARD OR ATTORNEY’S FEES, WHICH ARE IN ANY WAY RELATED TO THIS

PROPOSAL, OR THE CONSTRUCTION, INTERPRETATION OR BREACH OF

THIS PROPOSAL. OFFEREOR SPECIFICALLY AGREES THAT IF OFFEROR

BRINGS OR COMMENCES ANY LEGAL ACTION OR PROCEEDING RELATED

TO THIS PROPOSAL, THE CONSTRUCTION, INTERPRETATION, VALIDITY OR

BREACH OF THIS PROPOSAL, INCLUDING, BUT NOT LIMITED TO, ANY

ACTION PURSUANT TO THE PROVISIONS OF THE TEXAS UNIFORM

DECLARATORY JUDGMENTS ACT (TEXAS CIVIL PRACTICE AND REMEDIES

CODE SECTION 37.001, ET SEQ., AS AMENDED), OR CHAPTER 271 OF THE

TEXAS LOCAL GOVERNMENT CODE, OFFEROR AGREES TO ABANDON,

WAIVE AND RELINQUISH ANY AND ALL RIGHTS TO THE RECOVERY OF

ATTORNEY’S FEES TO WHICH OFFEROR MIGHT OTHERWISE BE ENTITLED.

2.2. OFFEROR AGREES THAT THIS IS THE VOLUNTARY AND INTENTIONAL

RELINQUISHMENT AND ABANDONMENT OF A PRESENTLY EXISTING

KNOWN RIGHT. OFFEROR ACKNOWLEDGES THAT IT UNDERSTANDS ALL

TERMS AND CONDITIONS OF THIS PROPOSAL. OFFEROR FURTHER

ACKNOWLEDGES AND AGREES THAT THERE WAS AND IS NO DISPARITY OF

BARGAINING POWER BETWEEN CITY AND OFFEROR. THIS SECTION SHALL

NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OR GOVERNMENTAL

IMMUNITY AND SHALL SURVIVE THE TERMINATION OF THE CONTRACT.

2.3. OFFEROR IS RELYING ON ITS OWN JUDGMENT. OFFEROR HAD THE

OPPORTUNITY TO DISCUSS THESE PROPOSAL DOCUMENTS WITH

COMPETENT LEGAL COUNSEL PRIOR TO SUBMISSION OF THE PROPOSAL

OR EXECUTION OF THE CONTRACT.

2.4. WAIVER:

BY SUBMITTING A PROPOSAL, THE OFFEROR AGREES TO WAIVE AND DOES

HEREBY VOLUNTARILY AND INTENTIONALLY WAIVE, ABANDON AND

RELINQUISH ANY CLAIM THE OFFEROR HAS OR MAY HAVE IN THE FUTURE

AGAINST THE CITY OF MIDLAND, TEXAS, AND THE CITY’S EMPLOYEES,

AGENTS AND OFFICERS, ARISING OUT OF OR IN ANY WAY CONNECTED

WITH THE FOLLOWING:

2.4.1. THE ADMINISTRATION, EVALUATION OR RECOMMENDATION

OF ANY PROPOSAL;

2.4.2. WAIVER OR DELETION OF ANY OF THE REQUIREMENTS UNDER

THE PROPOSAL DOCUMENTS OR THE CONTRACT DOCUMENTS;

2.4.3. ACCEPTANCE OR REJECTION OF ANY PROPOSALS; OR

2.4.4. AWARD OF THE CONTRACT.

2.5. BY SUBMITTING A PROPOSAL, THE OFFEROR ACKNOWLEDGES THAT

THE OFFEROR UNDERSTANDS ALL OF THE TERMS OF THE PROPOSAL

DOCUMENTS AND CONSENTS TO THE PROPOSAL PROCESS AND THE

POSSIBILITY OF A NEGATIVE ASSESSMENT. BY SUBMITTING A PROPOSAL,

THE OFFEROR ACKNOWLEDGES AND AGREES THAT THERE WAS AND IS NO

DISPARITY OF BARGAINING POWER BETWEEN THE OFFEROR AND THE

CITY OF MIDLAND, TEXAS. THE OFFEROR AGREES THAT THIS IS THE

INTENTIONAL RELINQUISHMENT OF A PRESENTLY EXISTING KNOWN

RIGHT. BY SIGNING THE PROPOSAL AND/OR BELOW, YOUR COMPANY

AGREES TO THE ABOVE WAIVER(S).

2.6. BY SIGNING THE EXECUTION OF OFFER, YOUR COMPANY AGREES TO

THE ABOVE WAIVER(S). IF THIS FORM IS NOT SIGNED AND INCLUDED WITH

YOUR PROPOSAL DOCUMENTS YOUR PROPOSAL WILL BE CONSIDERED

NON-RESPONSIVE AND WILL BE REJECTED.

3.0 SCOPE OF PROJECT

The City has awarded a contract to Dunaway Associates, LLC, to design and develop construction documents for a new playground, spray park, amphitheater, soccer fields and associated parking at Beal Park. In order to best monitor costs and provide value engineering during the design phase, we are seeking a highly qualified CMAR firm to provide the following services:

PRE-CONSTRUCTION SERVICES: The CMAR will perform the following functions during the pre-construction phase of the Project:

o Cost estimating during all design stages o Budgeting o Scheduling for the pre-construction and construction phases of the project o Constructability and value engineering reviews to ensure current estimated construction cost is within project budget parameters o Participation in all programming and design phases project team meetings and formal design reviews o Subcontractor prequalification, solicitation, and bidding o Preparation of GMP estimate o Market surveys of material and labor

CONSTRUCTION SERVICES: The CMAR will perform the following functions during the construction phase of the Project:

o Procure and furnish all materials, equipment, tools, services and labor required to complete all work shown or described in the Contract Documents o Conduct weekly, and special as needed, progress/coordination meetings with project team members on project site o Coordinate and manage work of all entities performing activities on the project site related to the Work required to construct the project o Maintain a safe work environment at all times at the project site o Prepare and submit monthly cost and schedule updates for City review

4.0 PROJECT SCHEDULE AND BUDGET

4.1. PROJECT SCHEDULE

The Tentative Design Services Schedule for the Project, starting with Design Development and ending with the release of Construction Documents is approximately seven (7) months. The Construction Phase of the Project is estimated at eighteen (18) months.

4.1.1. Design Development through April 2026

4.1.2. Construction Phase May 2026 – October 2027

4.2. PROJECT BUDGET

Estimated budget for the Project construction is $15,630,000.

4.3. PROJECT INCENTIVES

The City of Midland will provide incentives for the CMAR to complete the Project before the deadline and below budget:

If the Project is completed before the deadline of November 1, 2027, the CMAR will get an additional 1% of the total project cost.

If the Project is completed below budget, the CMAR will receive 25% of the difference between the budget and total Project cost.

5.0 VENDOR QUALIFICATIONS

5.1 INFORMATION VERIFICATION

The City may make such investigations as deemed necessary to determine the ability of the offeror to supply the products and perform the services specified.

5.2 RIGHT TO REJECT

The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, the offeror fails to satisfy the City that offeror is properly qualified to carry out the obligations of the contract.

5.3 VENDOR CAPABILITIES

In determining the capabilities of an offeror to perform the services specified herein, the following informational requirements must be met by the offeror and will be weighed by the City. (Note:

Each item must be thoroughly addressed. Taking exception to any requirements listed in this Section may disqualify the proposal):

5.3.1. References

5.3.1.1. Offeror shall provide a minimum of 3 references that are using services of the type proposed in this RFP. The references should fall within the categories identified below. At a minimum, the offeror shall provide the company name, the location where the services were provided, contact person(s), customer telephone number, a complete description of the service type, and dates the services were provided. The City reserves the right to use any information or additional references deemed necessary to establish the ability of the offerors to perform the conditions of the contract. Negative references may be grounds for proposal disqualification.

5.3.1.2. These references should include City government and universities where the offeror, preferably within the last 5 years, has successfully provided these services.

5.3.2. Vendor Stability

5.3.2.1. Offerors shall demonstrate their financial stability to supply, install and support the services specified.

5.3.2.2. Provide financial statements, preferably audited, for the five (5) consecutive years immediately preceding the issuance of this RFP.

5.3.2.3. Provide copies of any quarterly financial statements that have been prepared since the end of the period reported by your most recent annual report.

5.3.2.4. Offerors shall specify how long the company submitting the proposal has been in business (doing similar projects) as a Construction Manager at Risk.

6.0 EVALUATION CRITERIA AND PROCESS

The evaluation of proposals under this RFP will be conducted in a single phase, consistent with the one-step process authorized by Texas Government Code Section 2269.253. All proposals will be evaluated based on both qualifications and price, as required by statute and as set forth in this RFP.

The following criteria will be used to assess each proposal:

Pre-construction Experience Commercial and Park Construction Experience Key Personnel Experience References Claims History Price/Fee Proposal

Each criterion will be weighted and scored as specified in this RFP. Both qualifications and price will be considered in the selection process, and price will be a factor in determining best value to the City, as required by Subchapter F, Chapter 2269 of the Texas Government Code. The City will select the offeror that provides the best value based on the combined evaluation of qualifications and price.

The City will publicly open and read aloud the names of all firms submitting proposals at the time and place specified in this RFP, in accordance with statutory requirements. All proposals must be complete and responsive to the requirements of this RFP to be considered for evaluation.

7.0 PROPOSAL CONTENTS

The following items constitute the RFP submittal in response to the request herein:

7.1. THE RFP

7.1.1 Each RFP shall be organized in the following order:

a. Outside Cover of Binder: This shall clearly identify the Project, RFP Submittal Date, and offeror’s name.

b. Section 1: Pre-construction Experience (up to 20 points)

• Provide examples of three public Construction Manager at Risk or Design/Build projects of similar size and complexity that demonstrate your ability to perform pre-construction services. Include the dollar amount of projects and brief descriptions of those projects.

• Provide a narrative describing your process and approach to review of drawings and specification for cost savings, constructability, and coordination.

• Provide a narrative describing your cost estimating approach.

• Provide a narrative describing your ability to work as a team with

Architect and the City.

c. Section 2: Commercial and Park Construction Experience (up to 20 points)

• Provide examples of three public construction projects of similar size and complexity that demonstrate your ability to perform construction. Include the dollar amount of projects and brief descriptions of those projects. If you did not use the same three examples as Tabbed Section 1, please explain why.

• Provide years in business. Provide evidence from Secretary of State or State Comptroller.

• Provide safety plan, a list and explanation of all OSHA citations issued over the last five years, and workers’ compensation modifier.

• Describe your previous experience working with other governmental entities

• Describe your previous experience with the Construction Manager at Risk bidding process.

d. Section 3: Key Personnel Experience (up to 20 points)

• Provide Resumes of the Key Personnel to be used for the duration of this Project.

• Describe experience of Key Personnel to perform pre-construction and construction services.

• Provide a narrative describing the quality of relationships between Key Personnel and the City on past projects.

e. Section 4: Price/Fee Proposal (up to 20 points)

• Provide form with price/fee proposal

f. Section 5: References (up to 10 points)

• Provide the current telephone numbers and email address of three references

(owners) familiar with the type of work that is similar in scope and that demonstrate the key personnel members’ ability and experience to perform pre-construction and construction services phases. Some or all of these individuals may be contacted.

Make sure the individuals are willing and available to answer questions.

g. Section 6: Claims History (up to 10 points)

• Provide a list of all lawsuits or arbitrations with a project owner over the past five years, in which offeror was named as a plaintiff or defendant. Describe controversy and outcome even if not final.

• List any construction projects over the past five years your firm failed to complete because of financial reasons, labor disputes, failure of your employees to perform, or any other reason.

7.1.2 REQUESTED ATTACHMENTS

7.1.2.1 Business Information

7.1.2.2 Examples

7.1.2.3 Resumes

7.1.2.4 Price/Fee Proposal Form

7.1.2.5 References

7.1.2.6 Signed Execution of Offer

8.0 TEXAS PUBLIC INFORMATION ACT

Notwithstanding any other provisions, this request for proposals, along with any associated contract, is subject to the Texas Public Information Act.

9.0 NOTIFICATION AND AWARD

Upon completion of the evaluation of all proposals submitted in response to this RFP, the City will notify all offerors in writing of the outcome of the procurement process. The City will identify the offeror selected for award of the Construction Manager-at-Risk contract based on the combined evaluation of qualifications and price, as set forth in this RFP and in accordance with Subchapter F, Chapter 2269 of the Texas Government Code. All offerors will be informed of the final selection and the award decision following the completion of the evaluation process.

9.1. The successful offeror will negotiate and enter into a Construction Manager-at-Risk contract with the City which will provide for a Cost of the Work Plus Fee with a Guaranteed Maximum Price (“GMP”).

9.2. Upon execution of the Agreement, the CMAR must show ability to provide the insurance and bonds described in the Agreement.

10.0 STATUTORY REFERENCES AND NOTICES

This procurement is conducted pursuant to Subchapter F, Chapter 2269 of the Texas Government Code, utilizing the one-step selection process for Construction Manager-at-Risk services as authorized by Section 2269.253. All offerors must comply with the requirements of this statute and all other applicable laws.

All proposals—including both qualifications and price—will be accepted and evaluated in a single phase. Pursuant to Texas Government Code Section 2269.254, the City will publicly open and read aloud the names of all firms submitting proposals at the time and place specified in this RFP.

All information received in response to this RFP is subject to the Texas Public Information Act, except for trade secrets and confidential information as provided by law. Offerors claiming trade secret protection must clearly mark such information and comply with all requirements set forth in both this RFP and applicable statutes.

The City reserves the right to reject any and all submissions, to waive any informality or irregularity in any submission received, and to conduct the procurement in a manner that best serves the interests of the City, consistent with applicable law.

Signature blocks and administrative provisions shall remain as set forth in the original RFP and contract documents, and will include language referencing statutory compliance as required by law and this RFP.