ESBD_File_342816_Final CMAR_PWD_Dolorosa.TH.JEC.JM.TG.111723.pdf

61596819.v1

REQUEST FOR QUALIFICATIONS

(RFQ)

CONSTRUCTION MANAGER AT RISK

FOR

DOLOROSA STREET RECONSTRUCTION

RFQ: 2024-033 | WBS: 23-03763

Release Date: November 17, 2023

RFQ Submittals Due: December 18, 2023, at 10:00 AM Central Time (CT)

This solicitation has been identified as High-Profile.

PROHIBITED CAMPAIGN CONTRIBUTIONS

Notice Regarding Prohibition on Campaign or Officeholder Contributions for Individuals and Entities Seeking High-Profile Contracts. Under Section 2-309 of the Municipal Campaign Finance Code, the following are prohibited from making a campaign or officeholder contribution to any member of City Council, candidate for City Council or political action committee that contributes to City Council elections beginning on the *10th business day after a contract solicitation has been released through the 30th calendar day following the approval by City Council (“blackout” period):

(1) Any individual seeking a high-profile contract;

(2) Any owner, officer, officer of board, and executive committee member of an entity seeking a high-profile contract, excluding board officers and executive committee members of 501 (c)(3), 501(c)(4) and 501 (c)(6) non-profit organizations not created or controlled by the City whose board service is done strictly as a volunteer with no financial compensation and no economic gain from the non-profit entity;

(3) The legal signatory of the high-profile contract;

(4) Any attorney, lobbyist or consultant hired or retained to assist the individual or entity in seeking a high-profile contract;

(5) Subcontractors hired or retained to provide services under the high-profile contract; and

(6) Any first-degree member of the household of any person listed in (1), (2), (3) or (5) of this subsection.

A high-profile contract cannot be awarded to the individual or entity if a prohibited contribution was made by any of these individuals during the “blackout” period.

*For this solicitation, the first-day contributions are prohibited is Tuesday, December 5, 2023.

The first day contributions may be made is the 31st day after the contract is approved at a City Council “A” Session.

RESTRICTIONS ON COMMUNICATIONS

In accordance with and as authorized by Section 2-61 of the City Code, the following restrictions on communications apply to this solicitation: Except as otherwise provided in this RFQ, Respondents are prohibited from contacting City officials, as defined by §2-62 of the City Code of the City of San Antonio, City employees, and consultants employed by City regarding this procurement, the RFQ, the submittals Respondents submit in response to the RFQ (RFQ Submittal), the request for proposals (RFP), or any proposals. This prohibition is in place from the time the City releases the RFQ until (a) the resulting contract, if any, is posted for consideration as an agenda item during a City Council meeting designated as an A session or (b) City terminates this procurement, as applicable.

Restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the procurement, including the RFQ, RFQ Submittals, RFP or proposals.

Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s RFQ Submittal and subsequent proposal, if any, from consideration.

For additional information, see the section of this RFQ entitled “Restrictions on Communication”.

(RFQ: 2024-033 | WBS: 23-03763)

TABLE OF CONTENTS

Section Section Name Page

I. Background 3 II. Scope of Work, Project Objectives and General Requirements 3 III. Schedule of Events 5 IV. Pre-Submittal Conference 5 V. RFQ Submittal Requirements and Evaluation Criteria 6 VI. Submission Instructions 12 VII. Phase II Evaluation Criteria for Short-Listed Firms 13 VIII. Amendments to RFQ 13 IX. Restrictions on Communications 13 X. Award of Contract, Reservation of Rights and Miscellaneous 14

Exhibit # RFQ Exhibits Exhibit A Construction Manager at Risk Contract Template - Exhibit B General Conditions - Exhibit C.1 Insurance Requirements - Exhibit D Primary Heavy and Highway Wage Decision TX20230007 01/06/2023 - Exhibit E SBEDA Solicitation Language -

Form # RFQ Attachments Form 1 Submittal Checklist and Table of Contents - Form 2 Submittal Cover/Signature Sheet - Form 3 Contracts Disclosure Form - Form 4 Litigation Disclosure Form - Form 5 SBEDA: Subcontractor/Supplier Utilization Commitment Form - Form 6 Key Personnel Commitment Form -

CONSTRUCTION MANAGER AT RISK FOR

RFQ: 2024-033 | WBS: 23-03763

I. BACKGROUND

The City of San Antonio (City) Public Works Department is seeking an experienced Construction Manager at Risk (CMAR) firm (Respondent) with demonstrated technical capabilities and civil construction experience to provide Pre-Construction and Construction services for the Dolorosa Street Reconstruction Project. It is the City’s desire that the project start construction in the Spring of 2024 and be substantially complete within a maximum of 12 months. The CMAR firm will be integrated into a city-led team as part of a progressive Construction Manager at Risk delivery method. The operational complexity of these projects will require the CMAR to provide specific expertise and specialty technical services for the project to be successful. The City anticipates the contract will include an incentive of $10,000.00 per day for early completion and liquidated damages in the amount of $10,000.00 per day.

This Request for Qualifications (RFQ) is the first of a two-phase solicitation process. Through Phase I of the solicitation process, the City anticipates shortlisting up to five (5) CMAR firms for each project, that submit responses to this RFQ. The City reserves the right to shortlist fewer teams, depending on qualifications. Only the shortlisted Respondents will be eligible to participate in Phase II of the solicitation process, which will be initiated by the City’s issuance of a request for proposals (RFP) and may include other procurement-related activities as will be described in the RFP.

The City is subject to the City of San Antonio Small Business Economic Development Advocacy (SBEDA) Program.

Competitive bidding of work packages is required.

II. SCOPE OF WORK, PROJECT OBJECTIVES, AND GENERAL REQUIREMENTS

The Project consists of roadway reconstruction, drainage, traffic and pedestrian signals, pedestrian lighting, and landscaping in accordance with Zona Cultural themes and materials. Joint-bid utility construction will include SAWS water mains and sewer mains; as well as CPS gas mains, electric ductbank, and roadway lighting will be installed. The City’s vision for the project is to strengthen the Zona Cultural District multi-cultural identity, history and community. To ensure a multi-modal destination street environment with wide, comfortable and protected sidewalks and crosswalks, protected bicycle facilities along Buena Vista/Dolorosa, enhanced transit facilities, traffic calming with opportunities to drop-off and pick-up, and prioritize key nodes and high impact design elements.

CMAR Services:

The CMAR will assume the risk of delivering the Project within a Guaranteed Maximum Price (GMP). The CMAR will enter into a CMAR contract to provide preconstruction services throughout the design development of the Dolorosa Street Reconstruction Project after which the CMAR will negotiate GMP packages for construction.

The CMAR will serve as the principal general contractor for construction of the above listed project. The CMAR will be responsible for construction means and methods and will collaborate with the City to publicly advertise and solicit competitive bids or proposals from trade contractors or subcontractors for the performance of all elements of the work other than the minor work that may be included in CMAR contract general conditions. The CMAR will be required to coordinate closely with any firm procured separately by the City to deliver components of the above listed project or other separate projects.

During the pre-construction period, which includes the design development, construction documents preparation, procurement and permitting, the CMAR will work with the Public Works Department to provide construction cost modeling of the Project, including but not limited to, updates at major milestones of design; scheduling of all aspects of the Project, including City tasks and outside agencies; constructability reviews; weekly cost trend log updates; and cost savings/value engineering recommendations. The CMAR will support the City in establishing a final construction budget for the Project. The CMAR and Design Consultant will then work collaboratively throughout the remaining design and preconstruction period to ensure that the Project remains within the budget and will regularly report back to the Public Works Department.

The CMAR will be responsible for quality control and the Public Works Department team will be responsible for quality control oversight.

Preconstruction Phase Services: The City anticipates that during the preconstruction design phase, the CMAR will be required to provide certain services, including but not limited to:

A. Developing a critical path method project schedule for each phase of the Project.

B. Submitting a baseline schedule and periodic monthly schedule updates.

C. Participating in weekly coordination meetings and Project workshops with the City and the Design Consultant, and the

Public Works Department.

D. Developing a GMP at 100% construction documents or with component GMP’s as warranted based on the requirements of the schedule) and provide other cost information / analysis and knowledge of market conditions to facilitate decision-making.

E. Providing project planning, phasing, and scheduling, including logistics plans that will minimize interruption to the local businesses, and include schedule reduction opportunities.

F. Providing evaluation of alternates and value engineering recommendations at appropriate times in the design development process.

G. Coordinating and advising the Public Works Department on ways to gain efficiencies in project delivery.

H. Providing long-lead procurement studies and possibly initiating procurement of long-lead items.

I. Developing and maintaining a construction management plan to include a detailed subcontracting plan.

J. Proposing, if needed to maintain schedule, a fast-track approach to executing the work through multiple, interim GMPs prior to acceptance of a final GMP for the complete Project.

K. Assisting in the permitting process.

L. Analyzing the design, including plans and specifications, to ensure feasibility of the Project design.

M. Developing a comprehensive safety plan for implementation during construction.

N. Determining means and methods for performing the work.

O. Coordinating work plans with various City departments and other agencies, utility companies and similar entities, and other contractors.

P. Identifying areas with high-cost escalations and develop mitigation plans.

Q. Developing recommendations to limit Project impacts due to supply chain issues.

R. Providing compliance reviews, such as subcontractor contracts, safety, environmental, labor and quality.

S. Assisting with preparation and delivery of presentations to stakeholders, as required.

T. Developing the scopes of work for subcontractor bid packages.

U. Leading and managing the subcontractor prequalification and bidding process, including a program to maximize subcontractor interest and encourage participation in the bidding process.

V. Bidding, awarding, and managing all construction related contracts in compliance with City solicitation requirements and SBEDA processes and requirements.

W. Identifying sustainable design and ultra-accessibility options.

Construction Phase Services: The CMAR will be responsible for continuous budget monitoring during the duration of the Project and will update the City immediately of any deviations.

The City anticipates that the CMAR’s construction phase services will include but not be limited to:

A. Constructing the designed improvements, including managing the means and methods of all self-performed work (if selected through a competitive bidding process) and subcontractors.

B. Coordinating and reporting on status of work with City of San Antonio departments and other agencies, utility companies, similar entities, and other contractors.

C. Managing work to maintain local business operations, efficient traffic flow, and safety of the public.

D. Procuring and managing the subcontractor outreach, bidding and awarding of work on multiple packages, and managing all construction related contracts and subcontracts while meeting the City’s solicitation requirements.

E. Procuring materials and equipment.

F. Scheduling and managing project site operations.

G. Developing and implementing quality management and control procedures, including development of a quality control plan and quality control testing.

H. Developing a site-specific safety plan and maintaining a safe work environment for all participants.

I. Conducting acceptance testing.

J. Providing bonds and insurance, in accordance with the requirements set out in the CMAR contract.

K. Addressing all federal, state, and local permitting requirements.

L. Supporting the City’s efforts related to public information.

M. Conducting and managing site operations in a safe manner.

N. Providing warranty coverage for all constructed work.

O. Preparing and maintaining as-built documents for all work, including through use of electronic models as required (e.g., Building Information Modeling (B.I.M.) and the City electronic standards).

P. Mitigating subcontract cost escalation from bidding through construction.

Q. Mitigating supply chain issues.

R. Maintaining continuity of personnel from preconstruction to construction, commissioning and acceptance.

S. Meet or exceed SBEDA requirements.

T. Conducting and documenting regular meetings with the Public Works Department, consultants, and stakeholders.

U. Managing contract closeout and turnover of Project documents (manuals, as-builts, electronic models, etc.).

V. Documenting new assets and coordinating with the City for operational readiness and transition, including commissioning, training, and developing operation and maintenance manuals.

W. Maintaining compliance with all applicable prevailing wage laws/Davis Bacon Act and other relevant local, state and federal laws.

X. Use the City of San Antonio’s program management software Oracle Primavera Unifier to document requests for information (RFIs), submittals, daily logs, change requests, change orders, and invoicing.

III. SCHEDULE OF EVENTS

The following tentative schedule has been prepared for this project:

IV. PRE-SUBMITTAL CONFERENCE

A Mandatory Pre-Submittal Conference is scheduled to be held for November 28, 2023, at 3:00 P.M. CT in the Municipal Plaza – B Room, located at 114 W. Commerce Street, San Antonio, Texas 78205. Attendance at the Pre-Submittal Conference is mandatory. Failure to attend the mandatory pre-submittal conference may result in a submission being deemed non-responsive.

Participants at Pre-Submittal Conference are required to sign into the meeting using a QR code provided only during the meeting.

This will confirm Respondent’s attendance and participation for the Pre-Submittal Conference.

Respondents are encouraged to submit written questions concerning this RFQ through the CivCast website three (3) calendar days in advance of the Pre-Submittal Conference. City’s responses to questions received by this due date may be discussed at the Pre-Submittal Conference, as well as being posted on the CivCast website at https://www.civcastusa.com/bids. Respondents shall draft questions in a manner that does not explicitly identify or otherwise indicate Respondent’s identity in the body of the question. City reserves the right, in its sole discretion, to respond to timely and pertinent questions it receives from Respondents but does not commit to respond to all questions. City may re-phrase or consolidate questions as it deems appropriate.

Respondents bear the responsibility to review and be familiar with all questions and responses and any other information posted by City on CivCast through the RFQ Submittal Due Date identified in Section III. City will not be responsible for any failure of a Respondent to receive information on CivCast.

Any oral responses provided by City staff at the Pre-Submittal Conference shall be considered preliminary and non-binding. A written summary of the Pre-Submittal Conference shall contain City’s official responses to issues raised during the Pre-Submittal Conference and posted on the CivCast website at https://www.civcastusa.com/bids. Any oral response given at the Pre-Submittal Conference that is not confirmed in the posted written summary from the Pre-Submittal Conference or in a subsequent addendum to the RFQ shall not be official or binding on City. Only written responses shall be official. All other forms of communication with any officer, employee or agent of City shall not be binding on City.

Request for Qualifications Advertisement November 17, 2023 Mandatory Pre-Submittal Conference: November 28, 2023, 3:00 PM (CT) Deadline for Submission of Written Questions: December 5, 2023, 4:00 PM (CT) RFQ Submittal Due Date: December 18, 2023, 10:00 AM (CT) Notification of Shortlist and RFP Issuance January 3, 2024 Proposal Due Date: January 18, 2024, 2:00 PM (CT) Shortlisted Respondent Interviews January 19, 2024 Notification of Selection and Negotiation January 24, 2024 Anticipated City Council Consideration / NTP March 2024 https://www.civcastusa.com/bids

V. RFQ SUBMITTAL DOCUMENT REQUIREMENTS AND EVALUATION CRITERIA

City will conduct a comprehensive, fair, and impartial evaluation of the RFQ Submittals received in response to this RFQ.

Respondents should not include standard corporate brochures, awards and marketing materials in an RFQ Submittal, and City does not commit to review any materials included in an RFQ Submittal that are not specifically required by this RFQ. City will appoint a selection committee to perform the evaluation, and may solicit City staff, consultants and other individuals to assist the selection committee in the performance of its duties. City will analyze each RFQ Submittal it receives by the RFQ Submittal Due Date to determine overall responsiveness to RFQ requirements. City may request information from Respondents, for clarification purposes only, at any time prior to final approval of a selected Respondent deemed reasonably qualified for award.

Final approval of a selected Respondent is subject to the action of the San Antonio City Council.

Respondent’s RFQ Submittal shall include the following items in the order set out in the Submittal Checklist & Table of Contents (Form #1) and combined in PDF format:

1. SUBMITTAL CHECKLIST AND TABLE OF CONTENTS (Form #1) (Indexed and Labeled as “Tab 1”) – Respondent shall complete this form, which shall be used as the Table of Contents and as a checklist for Respondent’s RFQ Submittal.

2. EXECUTIVE SUMMARY (Indexed and Labeled as “Tab 2”) – Respondent shall include a two (2) page Executive Summary at the beginning of the Statement of Qualifications. Respondent’s Executive Summary shall state, at a minimum, the number of years Respondent’s team has been in business. If Respondent is a joint venture, provide information for each member of the joint venture.

To correctly submit a response to this RFQ, Respondent shall reveal, disclose, and state the true and correct name of the individual, proprietorship, corporation and/or partnership (clearly identifying the responsible general partner and all other partners who would be associated with the contract, if any) submitting the response. The true and correct name should comport exactly with the corporate and franchise records of the Texas Secretary of State and Texas Comptroller of Public Accounts. Individuals and proprietorships, if operating under other than an individual name, should match with exact Assumed Name filings. Corporate Respondents and limited liability company Respondents shall include the 11-digit Comptroller’s Taxpayer Number on the signature page of the RFQ Submittal.

3. CONTRACT TEMPLATE AND GENERAL CONDITIONS REVIEW (Indexed and labeled as “Tab 3”) – Respondent shall review the Contract Template and General Conditions, provided hereto and made a part hereof and labeled as Exhibit A & Exhibit B and provide written acknowledgment that Respondent accepts the terms, conditions and requirements of the City’s General Conditions, in Respondent’s submitted proposal under “Tab 3”.

4. LETTERS OF REFERENCE (Indexed and labeled as “Tab 4”) – Respondent shall provide a maximum of five (5) letters of reference.

5. STATEMENT OF QUALIFICATIONS – Respondent shall provide a narrative document, addressing all submittal requirements below considering the Project defined in this RFQ. The following sections include additional submittal requirements and associated evaluation criteria that the City will use to shortlist Respondents who will be invited to participate in the RFP phase of the procurement:

A. Experience, Background, Qualifications of Key Personnel, and Key Subcontractors (50 Points)

Respondent shall respond to the following items, as related to the scope of work outlined in this RFQ:

1. Experience Narrative (Indexed and Labeled as “Tab 5”): Provide a narrative in a maximum of five (5) pages that describes the Respondent’s successful experience constructing projects similar to this Project through construction manager at risk or another collaborative delivery method. As part of this narrative, describe Respondent’s experience providing:

a) Successful preconstruction services in partnership with project teams.

b) Construction phase experience delivering projects of similar scope on schedule, on budget, and with excellent quality and safety performance.

c) Include a discussion of the experience of the team members working together on other comparable projects and the results of that experience, including the number of years working together.

d) Highlight experience delivering projects of similar scope utilizing accelerated construction methods.

In addition, Respondent’s narrative must:

e) Demonstrate a minimum of ten (10) years’ experience in building projects of similar size, complexity and type. Provide date(s) services were provided. If Respondent is proposing a joint venture for this Project, a minimum of ten (10) years’ experience is required of each joint venture member.

f) Demonstrate experience with multi-phased projects, and programs with multiple project components comprising the program.

g) Demonstrate success in utilizing comparable preconstruction phase services to establish a plan for execution that provides an executable program on schedule and on budget.

h) Demonstrate success using Primavera P6 and other project management software tools.

i) Demonstrate experience and success of key subcontractors on the team.

2. Project Sheets (Indexed and Labeled as “Tab 6”) – Include the following in support of the above:

Provide 2-page project sheets for three (3) successfully completed projects of similar size, scope and complexity utilizing the construction manager at risk delivery method or another collaborative delivery method. For each highlighted project, the project sheet shall include the following:

a) Description of the project and scope of work;

b) Photograph of the project;

c) Project’s proposed substantial completion date and actual substantial completion date (explain inconsistencies);

d) Project’s original construction contract amount and final construction contract amount

(explain inconsistencies);

e) Name of design firm;

f) Project Manager and note whether this person will work on the Project and his/her role planned for the Project;

g) Project Superintendent and note whether this person will work on the Project and his/her role planned for the Project;

h) Project Estimator and firm for which they were employed and note whether this person will work on the Project;

i) The owner’s name and the name of the representative who served as the day-to-day liaison for the construction phase of the project in the following format:

Name of Owner:____________________ Name and title of Owner’s representative:_________________ Owner representative’s Phone Number:____________ Owner representative’s E-mail:___________________

3. Organizational Chart (Indexed and Labeled as “Tab 7”) – Provide a one (1) page organizational chart that identifies Respondent’s proposed team organization. Key personnel should be clearly identified. Team roles should be clearly identified. Only include personnel who would perform work under the CMAR contract. The organizational chart can be formatted on an 11” x 17” page, if needed.

At a minimum, the following key personnel must be clearly labeled on the organizational chart and described in the following section:

a) Senior Project Manager (on-site team leader)

b) Project Manager(s)

c) Pre-Construction Manager

d) Sr. General Superintendent (construction phase onsite lead)

e) General Superintendents

f) Safety Manager

g) Lead Scheduler

h) Lead Estimator

i) Quality Assurance/Quality Control Manager

j) Subcontractor Procurement Coordinator/Diversity Coordinator

4. Organizational Chart Narrative (Indexed and Labeled as “Tab 8”) – Provide a narrative description (up to (2) two pages) of the organization chart describing the proposed assignments, roles and responsibilities, lines of authority, transition of responsibilities from preconstruction to construction phases, and communication for each team member to be directly involved with the Project. The proposed key personnel must have demonstrated experience of projects similar to the scope of the project.

5. Resumes (Indexed and Labeled as “Tab 9”) – Not included in the page count for Section B –

Include the following in support of the above. Respondent shall provide a two (2) pages maximum resume for each of the key personnel listed above.

a) Resumes should link back to project sheets submitted in accordance with Section 3.A.2 and may reference additional previously completed relevant projects not highlighted in the project sheets, where applicable. If a person did not work on any project included in the project sheets, then the resume should reference projects where the person performed roles similar to the role proposed for this Project.

b) Resumes shall include: 1) license type (if applicable) and number of years licensed; 2) certification or other role specific recognitions, and number of years, including LEED Accreditation, if any; 3) number of years employed with the Respondent or subcontractor; 4) number of years of experience in proposed role identified on the Organizational Chart.

6. Experience with San Antonio Region and Past Performance (Indexed and Labeled as “Tab 10”)

City is interested in evaluating Respondent’s team (including Sub-contractor(s)(s), if applicable) experience with local processes and practices, as may be evidenced by work in San Antonio and/or the surrounding area, during the past five (5) years. In narrative form, using a maximum of two (2) pages for Respondent’s response and one (1) page for Subcontractor(s) response, if applicable, briefly describe Respondent’s team experience in the areas listed below, referencing projects relating to that experience. (Note: Respondent may reference projects included in the project sheets under Criteria A above, but no additional project sheets shall be provided for this criterion, as the response shall be in narrative form.)

a. Construction costs and practices.

b. Environmental conditions and constraints.

c. Involvement in project development as it relates to public awareness in the project’s local area.

d. Respondent’s experience with private and public utilities in the San Antonio or surrounding area including SAWS and CPS.

e. Municipality Design Guidelines

B. General Proposed Work Plan & Schedule (40 Points) – Submit a description of the Respondent team’s philosophy and proposed approach to the work, availability of labor resources (capacity to perform) in executing the team’s effort, and proposed methods and cost to deliver the project within timeframes noted below in Table B.4-1. Submit information in a brief narrative plan of up to three (3) pages (exclusive of the plans described below) that clearly and concisely describes the approach to the Project, as well as other information you feel is critical to the success of the Project. In addition, provide information on the items below:

1. Subcontractor Selection Plan/Process (Indexed and Labeled as “Tab 11”) – Provide a maximum three (3) page narrative that describes the selection process you will use to select qualified subcontractors for the Project.

a) Provide an understanding of how you will determine best value in the subcontractor procurement process, as well as criteria used to evaluate the ability of subcontractors to successfully perform the work.

b) If subcontractors are already identified as a part of Respondent’s team, provide a teaming rationale narrative and proven past experience, if applicable.

2. Pre-Construction Phase Work Plan (Indexed and Labeled as “Tab 12”)– Limit response to the following items to five (5) pages maximum:

a) Describe Respondent’s management approach and how the team organization/approach for the pre-construction scope of work outlined in this RFQ will facilitate an improved construction phase.

b) Describe Respondent’s approach to working with the design team to identify opportunities for cost and schedule assurance in the Project design.

c) Describe Respondent’s approach to providing timely design reviews and input to improve the constructability and biddability of the Project.

3. Construction Phase Work Plan (Indexed and Labeled as “Tab 13”) – Limit response to the following items to five (5) pages maximum:

a) Describe Respondent’s construction management approach and plan for coordination with stakeholders.

b) Describe Respondent’s methodology to plan, oversee, coordinate and manage the implementation of the work, including site management, logistics, and subcontractor management.

c) Describe Respondent’s approach to managing project documentation and communications, such as requests for information, shop drawings, design bulletins/updates, potential changes and other coordination of construction progress meetings with the City, designer(s), and other contractors on site.

4. Construction Phase Schedule (Indexed and Labeled as “Tab 14”) – Limit response to the following items to five (6) pages maximum:

a) Describe Respondent’s construction management approach and plan for delivering the project within each the timeframes noted below.

b) Describe any changes proposed to the Traffic Control Plan, Materials, Etc. to deliver the project within the timeframes noted below.

Table B4-1: Construction Durations

i. 6 Months

ii. 9 Months

iii. 12 Months

C. Small Business Economic Development Advocacy (SBEDA) – (10 Points)

SBE Prime Contract Program – 10 pts.

Certified SBE firms (see Small Business Enterprise definition) headquartered or having a Significant Business Presence within the San Antonio Metropolitan Statistical Area responding to this solicitation as Prime Contractors proposing at least 51% SBE participation (Prime and/or Subcontractor) will receive Ten (10) evaluation criteria points, and

Additionally, the City has determined that subcontracting opportunities will arise during the construction phase of this Project; however, the specific scopes of work and the magnitude of the scopes of work cannot be determined until the design for the Project has been completed. When the design documents are sufficiently completed, the City will establish appropriate SBEDA goals, and the Construction Manager at Risk (CMAR) firm shall submit a SBEDA Change of Utilization Form meeting the goals.

Information on programs such as the City’s Ready to Work Program and the City’s Mentor-Protégé program will be included in the RFP Phase.

Below is the RFQ-Phase Evaluation Criteria Summary:

RFQ Submittal Evaluation Criteria Summary: Maximum Points

A. Experience, Background, & Qualifications of Key Personnel, and Key Subcontractors 50

B. General Proposed Work Plan/Approach 40

C. Small Business Economic Development Advocacy (SBEDA) - SBE Prime Contract Program 10

Total Maximum 100 Points

For each evaluation criterion above, City will review the submittals and any other information corresponding to the criterion and will provide a score within the maximum allotted points that reflects the extent to which the information provided demonstrates in a comprehensive and credible way the Respondent team’s ability to deliver the Project while meeting the City’s project-related goals and objectives.

Required Forms (to be uploaded individually by the RFQ Submittal Due Date):

City will conduct due diligence and analysis of the following required forms:

1. RFQ SUBMITTAL COVER/SIGNATURE SHEET (Form #2) – Respondent shall include the completed

Submittal Cover/Signature Sheet with the other required forms. The RFQ Submittal Cover/Signature Sheet shall be signed by a person (or persons) authorized to bind Respondent and the entity/entities submitting the response. Signature pages signed by a person other than an officer of the company or partner of the firm shall be accompanied by evidence of authority. Joint ventures submittals require signatures from all firms participating in the joint venture. Submitting joint ventures are required to provide legal proof of the joint venture, such as a joint venture agreement, along with the RFQ Submittal Cover/Signature Sheet. Respondent is required to enter the Texas Secretary of State Filing Number, Tax ID Number, and the System of Award Management (SAMS) Unique Entity ID.

2. CONTRACTS DISCLOSURE FORM (Form #3) – Respondent shall complete the form online at:

https://webapp1.sanantonio.gov/ContractsDisclosure/, print a copy of the completed form and include in the packet of required forms. If Respondent is proposing as a team or joint venture, each party to that team or joint venture shall complete and submit a separate Contracts Disclosure Form.

3. LITIGATION DISCLOSURE FORM (Form #4) – Respondent shall complete a Litigation Disclosure

Form, utilizing additional pages for explanation, if necessary, and submit the completed form. If Respondent is proposing as a team or joint venture, each party to that team or joint venture, including listed subcontractors, shall complete and submit a separate Litigation Disclosure Form.

4. SMALL BUSINESS ECONOMIC DEVELOPMENT UTILIZATION COMMITMENT FORM (Form #5) – Respondent must submit a completed and signed Subcontractor/Supplier Utilization Plan Indicating Respondent’s firm commitment to satisfy the established (19%) subcontracting goal to a Minority/Women Business Enterprise (M/WBE) and (3%) African American Business Enterprise (AABE) for this Project. If Respondent believes they cannot meet the subcontracting goal, Respondent must also submit a Waiver Request Form as part of the required forms. The Waiver Request Form may be download at https://www.sanantonio.gov/SBO/Form.

5. KEY PERSONNEL COMMITMENT FORM (Form #6) – Respondent shall include the completed Key

Personnel Commitment Form with the other required forms to confirm Respondent’s commitment to utilize the key personnel it identifies in the RFQ Submittal.

6. FINANCIAL STATEMENT – Due to the anticipated investment and length of resultant contract between the parties, audited financial statements are preferred. In the event audited financial statements are not available, state the reason why. If audited financial statements are not available, respondents may submit other financial statement(s) or documentation, such as a Trial Balance Income Statement along with the most recent Annual Tax Submission that validates and ensures the long-term financial viability of the organization. Failure to provide requested information may impact your firm’s final score.

7. PROOF OF INSURABILITY – Respondent shall submit a copy of its current insurance certificates for builder’s risk, general liability, and professional liability.

8. CERTIFICATE OF INTERESTED PARTIES TEC FORM 1295 – The Texas Government Code

§2252.908, and the rules issued by the Texas Ethics Commission found in Title 1, Chapter 46 of the Texas Administrative Code, require a business entity to submit a completed Form 1295 to the City before the City may enter into a contract with that business entity:

Form 1295 must be completed online. It is available from the Texas Ethics Commission by accessing the following web address: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Submit a PDF signed version of your Form 1295 with your RFQ Submittal. Where requested to provide the name of the public entity with whom you are contracting, insert “City of San Antonio”. Where requested to provide the contract number, provide the solicitation number shown on the cover page of this solicitation (e.g., RFQ: 2024-033 | 23-12345, RFO: 6100001234 or RFCSP: PW051822DR).

If Respondent is a joint venture, each joint venture member must complete and submit its own Form 1295 consistent with the instructions above.

https://webapp1.sanantonio.gov/ContractsDisclosure/ https://www.sanantonio.gov/SBO/Form https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

The following definitions found in the statute and Texas Ethics Commission rules may be helpful in completing Form 1295.

“Business entity” includes an entity through which business is conducted with a governmental entity or state agency, regardless of whether the entity is a for-profit or nonprofit entity. The term does not include a governmental entity or state agency. (NOTE: The City of San Antonio should never be listed as the “Business entity”.)

“Controlling interest” means: (1) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent; (2) membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers.

Subsection (3) of this section does not apply to an officer of a publicly held business entity or its wholly owned subsidiaries.

“Interested party” means: (1) a person who has a controlling interest in a business entity with whom a governmental entity or state agency contracts; or (2) an intermediary.

“Intermediary,” for purposes of this rule, means a person who actively participates in the facilitation of the contract or negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the business entity who:

(1) receives compensation from the business entity for the person’s participation;

(2) communicates directly with the governmental entity or state agency on behalf of the business entity regarding the contract; and

(3) is not an employee of the business entity or of an entity with a controlling interest in the business entity.

Publicly traded business entities, including their wholly owned subsidiaries, are exempt from this requirement and are not required to submit Form 1295.

City will review Form 1295 as part of the minimum requirements review performed upon all RFQ Submittals received. Deficiencies in or missing Form 1295 shall not be a disqualifying error. Instead, City will notify a Respondent of any requirements to cure the deficiency and/or to submit/re-submit Form 1295 within two (2) days of notice to remain eligible to be considered for shortlisting.

VI. SUBMISSION INSTRUCTIONS

Online submission services will open for submitting files on November 17, 2023, and close on December 18, 2023, at 10:00 a.m. CT. Follow submittal instructions on https://www.civcastusa.com/. Hard copies and submittals sent by facsimile or email will not be accepted.

Please adhere to the following criteria:

• “Page” means one electronic page.

• Sheets are 8.5”x11” unless otherwise stated.

• No smaller than 11-point font.

• Be succinct and clear.

• Keep your RFQ Submittal relevant to the Project.

• Each RFQ Submittal shall include the sections and attachments in the sequence listed in the Section V, Submittal

Document Requirements & Evaluation Criteria, with each section divided by tabs and indexed, as indicated in this

RFQ.

• All pages shall be numbered, and all sections shall adhere to page limits, exclusive of dividing tabs. If a section does not have a page limit specified, there are no page limits for that section.

To correctly submit a response to this RFQ, Respondent shall reveal, disclose, and state the true and correct name of the individual, proprietorship, corporation and/or partnership (clearly identifying the responsible general partner and all other partners who would be associated with the contract, if any) submitting the response. The true and correct name shall comport exactly with the corporate and franchise records of the Texas Secretary of State and Texas Comptroller of Public Accounts.

https://www.civcastusa.com/

Individuals and proprietorships, if operating under other than an individual name, shall match with exact Assumed Name filings.

Corporate Respondents and limited liability company Respondents shall include the 11-digit Comptroller's Taxpayer Number on the signature page of the Proposal.

Respondent must comply with the Restrictions on Communication section of this RFQ and shall not provide full or partial copies of its submission to City officials or City employees, as defined by that section. Failure to submit a submittal in accordance with the prescribed process will result in Respondent’s submittal being disqualified from consideration.

VII. RFP EVALUATION CRITERIA FOR SHORTLISTED FIRMS

Based on the evaluation process of Phase I, the selection committee will qualify up to five (5) Respondents for each project to participate in RFP, Phase II of the solicitation process. Phase II of the solicitation process will include requests for additional information from the short-listed firms and a subsequent invitation for an interview. During Phase II of the solicitation process, the selection committee will evaluate and rank the short-listed firms based on the published evaluation criteria set forth below:

RFP Phase Submittal Evaluation Criteria Summary (For Information Only): Maximum Points

A. Detailed Proposed Work Plan and Approach to Quality Control 40

B. Overall Evaluation of the Firm/Team and its Ability to Provide Required Services 30

C. Proposed Costing Methodology 20

C. Small Business Economic Development Advocacy (SBEDA) - SBE Prime Contract Program 10

Total Maximum 100 Points

VIII. AMENDMENTS TO RFQ

Changes, amendments, or written responses to questions received in compliance with Section IX, Restrictions on Communication herein, will be posted on the CivCast website at https://www.civcastusa.com/bids. It is Respondent’s responsibility to review this site and ascertain whether any amendments have been made prior to submission of its RFQ Submittal.

If Respondent does not have access to the internet, Respondent must notify City, in accordance with Section IX, Restrictions on Communication, that it wishes to receive copies of changes, amendments or written responses to questions by mail or facsimile.

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in this RFQ and all changes to this RFQ – if any – shall be made by City only in writing.

IX. RESTRICTIONS ON COMMUNICATIONS

In accordance with and as authorized by Section §2-61 of the City Code, the following restrictions on communications apply to this solicitation. Except as otherwise provided in this RFQ, Respondents are prohibited from contacting City officials, as defined by §2-62 of the City Code of the City of San Antonio, City employees, and consultants employed by City regarding this procurement, the RFQ, RFQ Submittals, RFP or any proposals. This prohibition is in place from the time the City releases the RFQ until (a) the resulting contract, if any, is posted for consideration as an agenda item during a City Council meeting designated as an A session or (b) City terminates the procurement, as applicable.

Restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the procurement, including the RFQ, RFQ Submittals, RFP or proposals submitted by Responded.

Violation of this provision by Respondent and/or its agent may lead to disqualification of Respondent’s RFQ Submittal and subsequent proposal, if any, from consideration.

As used herein, City Official is defined as the Mayor; members of City Council; Municipal Court Judges and Magistrates; City Manager; Deputy City Manager; City Clerk; Deputy City Clerk; Assistant City Clerk; Assistant City Managers; Assistants to City Manager; all City department heads and assistant department heads; Internal Auditor and Assistant Internal Auditors;

Compliance Auditor; Assistant to City Council; Assistants to City Council, including contract personnel; Assistant to Mayor;

Assistants to the Mayor, including contract personnel; Executive Secretaries; Public Utilities Supervisor; members of bid committees; members of the Historic and Design Review Commission; Zoning Commission; and members of any board or commission that is more than advisory in nature.

Exceptions to the restrictions on communication with City employees include:

1. Respondent may ask verbal questions concerning this RFQ at the Project’s Pre-Submittal Conference.

2. Respondent may ask verbal questions concerning this RFQ at the Project’s Site-Visit Meeting if one is scheduled.

3. Respondent may submit questions concerning this RFQ through the CivCast website at https://www.civcastusa.com/bids until December 5, 2023, at 4:00 PM CT. Questions received after the stated deadline shall not be answered.

4. Respondents and/or their agents are encouraged to contact the Small Business Office of the Economic Development

Department for assistance or clarification with issues specifically related to the City’s Small Business Economic Development Advocacy (SBEDA) Program policy and/or completion of the required SBEDA forms. The point of contact may be reached by telephone at (210) 207-3932 or by e-mail at SBEDAdocs@sanantonio.gov. After the solicitation closing date, there is no contact permitted to the Small Business Office regarding this solicitation.

5. Respondent must provide responses to any questions asked of it by City’s Staff Contact Person and/or his/her designee about City’s SBEDA Program both before and after responses are received and opened. During interviews, if any, verbal questions and explanations will be permitted.

6. If Respondent is invited for an interview and/or demonstration, the City requests Respondents limit the size of their team to no more than six (6) people of Respondent’s choosing and subject to City’s approval. Attorneys and/or lobbyists are strictly prohibited from attendance. If you are utilizing a subcontractor, a subcontractor representative should be included. The City reserves the right to exclude any persons from interviews as it deems in its best interest.

City reserves the right to contact any Respondent to negotiate if such is deemed desirable by City. Such negotiations, initiated by City staff persons, shall not be considered a violation by Respondent of this section.

X. AWARD OF CONTRACT, RESERVATION OF RIGHTS AND MISCELLANEOUS

A. A CMAR contract, if awarded, shall be awarded to the Respondent determined to be the most qualified to successfully complete the Project based on the criteria set out in the RFP, as determined by the selection committee and upon the approval by the San Antonio City Council.

B. City may accept any RFQ Submittal in whole or in part. If subsequent contract negotiations are conducted, such negotiations shall not constitute a rejection or alternate RFQ on the part of City. However, final selection of a Respondent is subject to San Antonio City Council approval.

C. City reserves the right to accept one or more RFQ Submittals or reject any or all RFQ Submittals received in response to this RFQ, accept and review a non-conforming RFQ Submittal, permit clarifications or supplements to an RFQ Submittal, and to waive informalities and irregularities in any RFQ Submittal received. City also reserves the right to terminate this RFQ, reissue a subsequent solicitation and/or remedy technical errors in the RFQ process without incurring any cost obligations or liabilities. City reserves the right to issue addenda to the RFQ and to modify all dates set or projected in this

RFQ.

D. By executing the RFQ Submittal Cover/Signature Sheet, Respondent agrees to be bound by the terms therein. Further, by executing the RFQ Submittal Cover/Signature Sheet, Respondent acknowledges it has received all addenda and agrees to be bound by the terms, conditions and requirements of this RFQ, the enabling City Ordinance and all of the associated documentation that form the entire CMAR contract to which Respondent, if ultimately selected for the Project, shall be bound, upon the approval of the San Antonio City Council. All CMAR contract documents are not binding on City until approved by the San Antonio City Council. No work shall commence on the subject Project until Respondent provides the necessary evidence of insurance required in the CMAR contract and/or CMAR contract general conditions, and until City signs the notice to proceed. In the event the parties cannot negotiate within the time specified by City, City reserves the right to terminate negotiations with the selected Respondent and commence negotiations with another Respondent.

E. This RFQ does not…