ESBD_399639_1740773557764_RFP - Community Center- final.pdf

City of Fair Oaks Ranch

REQUEST FOR PROPOSALS

COMMUNITY CENTER

DUE BY:

Firms must submit one (1) unbound original and four (4) bound copies labeled “Proposal for Community Center” to the City of Fair Oaks Ranch, Attention: Clayton Hoelscher:

7286 Dietz Elkhorn, Fair Oaks Ranch, Texas 78015, no later than 2:00 P.M on April 1, 2025.

Background and Scope of Services

The City is currently seeking a contractor to construct a Community Center at the City Campus located at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. The Community Center is a 5,331 square foot building intended to provide flexible, highly functional meeting and event space.

Intended uses include City Council meetings, Commission/Board/Committee meetings, Homeowner’s Association meetings, Townhall meetings, Elections/Voting location, and local business, civic organization and private events. The estimated budget is $2,400,000. This project also includes for the demolition of an existing building, and the awarded contractor will be responsible for the removal and disposal of all demolished materials and debris. The project timeline is 400 calendar days from issuance of a Notice to Proceed. Full specifications, instructions and details can be found in Exhibit A “Construction Documents” and Exhibit B “Project Manual”, located with the other bidding documents at http://tx-fairoaksranch2.civicplus.com/bids.aspx. The selected contractor will be required to execute the City’s Standard Construction Agreement.

Pre-Bid Conference

A pre-bid conference and site visit will be held on Monday, March 10, 2025 at 10:30 A.M. This is not a mandatory pre-bid. Bidders should meet at the Public Safety Building Training Room, located at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015.

Submission of Questions Any questions should be submitted in writing to:

Clayton Hoelscher, Procurement Manager City of Fair Oaks Ranch choelscher@fairoaksranchtx.org

Addendums to the RFP The City of Fair Oaks Ranch shall not be held responsible for any oral instructions related to the project. Any official changes to this RFP will be in the form of a written addendum, which will be published on the City website at http://tx-fairoaksranch2.civicplus.com/bids.aspx

Withdrawal of RFP The City reserves the right to withdraw the RFP at any point. At any time prior to the specified solicitation due time and date, a firm may withdraw their Proposals by submitting a written request stating the reason for withdrawal.

General Information:

1) The City of Fair Oaks Ranch reserves the right to reject any or all proposals to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received.

RFP Schedule The dates and times listed below are estimated and are subject to change without notice.

1. Deadline for written questions to be sent to choelscher@fairoaksranchtx.org at 5:00 P.M. on March 20, 2025.

2. One (1) original and (4) four copies of the Proposal due no later than 2:00 PM (CST) on April 1, 2025.

3. City Council Meeting to approve selection and agreement – To Be Determined http://tx-fairoaksranch2.civicplus.com/bids.aspx mailto:choelscher@fairoaksranchtx.org http://tx-fairoaksranch2.civicplus.com/bids.aspx mailto:choelscher@fairoaksranchtx.org

Submission Instructions Proposals should be delivered or sent to 7286 Dietz Elkhorn, Fair Oaks Ranch, Tx 78015. All proposals should be addressed to Clayton Hoelscher, Procurement Manager. The City of Fair Oaks Ranch will receive sealed proposals until 2:00 P.M. on April 1, 2025, and then proposal amounts will be publicly opened and read. Any proposals received after that time and date will be returned unopened to the bidder. Proposals should contain one (1) unbound original and four (4) bound copies.

Instructions to Proposers The proposals should include the information below and shall follow the format below.

• Cover Letter/Executive Summary

• Tab 1 – Company Experience:

o Include project information for three projects constructed within the last five years that are similar in nature.

Identify the project owner, location, include contact name, title, current phone number, and e-mail address for each of the listed projects.

Include the original cost and final cost, to include all change orders.

o Demonstrate record of performance, including completion schedule and quality of work product.

• Tab 2 – Project Team and Subcontractor Relevant Experience o Provide any necessary organizational chart of the firm as it relates to this RFP.

o Provide qualifications and experience of key project members, including any similar projects they may have worked on.

o Provide qualifications and experience of subcontractors and demonstrate the company’s history working with the proposed subcontractor(s). Provide references for subcontractors to be used. Any changes to subcontractors will require approval of City and is not guaranteed.

• Tab 3 – Project Approach:

Describe your approach for accomplishing the project, including at a minimum:

o Provide a plan and timeline for accomplishing the Project. Note the contract duration provided by the City is intended to be a maximum time-frame.

o Describe your approach to managing all aspects of construction.

o Describe your plan for coordinating with project stakeholders, including any steps that require City involvement.

o List any potential challenges, and how your company plans to minimize the impact of any unforeseen issues that arise.

o Describe your Safety and Quality Control Plans.

o Describe the warranty term and how claims will be handled.

• Tab 4 – Price Proposal Form The price proposal should be filled out on the “Price Proposal Form” immediately following this Request for Proposal. This only needs to be submitted with the original proposal.

• Certificate of Interested Parties (1295) Form – A Certificate of Interested Parties Form must be submitted with the original proposal. The 1295 form and instructions for completion can be found at the following link:

https://www.ethics.state.tx.us/filinginfo/1295/

• Evidence of Insurability and Bid Bond (Only submit with original proposal).

Evaluation Criteria All proposals received will be reviewed, evaluated, and ranked according to a numerical scoring system based on the responses to the criteria listed below. The City may elect to interview firms.

Proposals will be evaluated as follows:

Criteria Maximum Points Available

Company Experience 20 Points

Project Team and Subcontractor Relevant Experience

15 Points

Project Approach 15 Points

Price 50 Points

Questions regarding the project can be submitted to Clayton Hoelscher, via email to choelscher@fairoaksranchtx.org. Questions will be accepted until 5:00 P.M. on March 20, 2025.

The City reserves the right to reject any or all Proposals. The highest ranked Respondent(s) may be invited to enter into Contract negotiations with the City of Fair Oaks Ranch. If an agreement cannot be reached with the highest ranked Respondent(s), the City shall notify the Respondent and terminate negotiations. The second highest Respondent may be contacted for negotiations.

The process may continue until successful negotiations are achieved. The City reserves the right to terminate negotiations with any and all Respondents should it be in the City’s best interest.

Insurance All respondents must submit, with the RFP, proof of insurance coverage. Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage.

Bonding Requirements Each Proposal submitted shall be accompanied by a cashier’s check in the amount of five percent (5%) of the bid amount, payable without recourse to the City of Fair Oaks Ranch, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Proposer will execute a Construction Agreement with the City, including all required bonds and other documents. The City may alternatively accept a letter from a surety company, verifying the contractor’s ability and agreement to provide payment and performance bonds for the Project.

The awarded contractor will be required to provide payment and performance bonds prior to work https://www.ethics.state.tx.us/filinginfo/1295/ commencing. Each bond shall be in an amount equal to 100% of the Total Project Cost.

Liquidated Damages for Failure to Complete on Time Respondent hereby acknowledges that the award of the contract includes the requirement to timely commence the work on the Project in accordance with the fully executed Contract Documents.

Respondent hereby further agrees to pay to City as liquidated damages the applicable sum quoted below, for each calendar day in excess of the time set forth for completion of the Project, all as more fully set forth in the general conditions of the Contract Documents. The time of completion is of the essence for the Project.

For each day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the City, or as equitably increased by additional work or materials ordered after the Contract Documents are executed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due from the City:

• $350 Per Day first 30 days; $400 Per Day 31-60 days; $500 Per Day 90 days and beyond

The sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per day that the default shall continue after the time stipulated in the Contract Documents for completing the work. The said amounts are fixed and agreed upon because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages that the City in such event would sustain;

and said amounts are agreed to be the amounts of damages which the City would sustain and which shall be retained from the monies due, or that may become due, under the Contract Documents;

and if said monies be insufficient to cover the amount owing, then the surety shall pay any additional amounts due. Notwithstanding the foregoing, in the event that the actual damages incurred by the City exceed the amount of liquidated damages, the City shall be entitled to recover its actual damages.

Anti-Collusion In submitting an offer, Respondent certifies that they have not participated in nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered.

No Prohibited Interest Respondent acknowledges awareness of the state laws and applicable City Charter provisions regarding conflicts of interest and required disclosures. No officer, employee or agent of the City shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by the City’s Charter, Code of Ordinances and/or Chapter 171 or 176 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be involved, as defined therein.

Non-Resident Bidders/No Israel Boycott Texas Government Code, Chapter 2252, Texas law prohibits city and governmental units from awarding contracts to a non-resident bidder/proposer unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-resident bidder’s state. Texas Government Code, Chapter 2270 prohibits a governmental entity from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.

Equal Employment Opportunity Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

Anti-Lobbying Provision During the period between RFP submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their Proposal with any member of the City Council or City staff except in the course of City-sponsored inquiries, briefings, interviews, or presentations. Violation of this provision shall result in the rejection of the respondent's Proposal and disqualification from future consideration of similar RFP’s.

Jurisdiction Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and payable in Kendall County, Texas. The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and/or any other dispute(s) shall be in Kendall County, Texas.

Conflict of Interest A statement indicating the respondent has no conflict of interest with the City, including any past or present employees or past or present elected officials of the City, must be submitted with the statement of qualifications. Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City Secretary not later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

Confidential Information Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the respondent may not be confidential under Texas Law, or pursuant to a Court order.

http://www.ethics.state.tx.us/forms/CIQ.pdf

Price Proposal Form

Price to construct entire project (Includes all required Bonds, Insurance, Mobilization costs and any additional costs).

Deductive Alternates (As seen on Page 2, Section 10 “Schedule of Alternates” of Plans).

Alternate #1 (Sealed concrete in the Event Center in lieu of the luxury vinyl tile flooring).

Alternate #2 (Removes the turn-key cost of the movable partition, and all elements associated with its installation).

Alternate #3 (Provide Architectural Grade Composite Shingles in lieu of standing seam metal roof).

Alternate #4 (Using traditional exterior 3-coat plaster for 40% of current stone veneer locations shown on exterior elevations).

Alternate #5 (Complete removal of limestone butter blocks, mulch and decomposed granite).

The individual signing this certifies that he/she is a legal agent of the Company, authorized to submit on behalf of the Company, and is legally responsible for the decisions as to the supporting documentation provided.

Company Name: ___________________________________________

Authorized Representative: ___________________________________________

Signature: ___________________________________________

Printed name: ___________________________________________

Title: ___________________________________________

Date: ___________________________________________