ESBD_File_356081_RFCSP 24-016C.pdf

Clemens HS Cafeteria Serving Line Renovation

Schertz-Cibolo-Universal City Independent School District

Schertz, Texas

Project Manual

Issued For

Contract Documents

Project Number: 1403.18

04.11.24

CONTRACT DOCUMENTS CLEMENS HS CAFETERIA SERVING LINE RENOVATION

APRIL 11, 2024 PROJECT NO. 1403.18

SEALS PAGE 00 01 07 - 1/2

SECTION 00 01 07

SEALS PAGE

ARCHITECT OF RECORD

O'Connell Robertson 811 Barton Springs Road, Suite 900 Austin, Texas 78704

Architect of Record Date

ELECTRICAL ENGINEER OF RECORD

O'Connell Robertson 811 Barton Springs Road, Suite 900

TBPE Registered Firm No. F-2708

Electrical Engineer of Record Date

PLUMBING ENGINEER OF RECORD

O'Connell Robertson 811 Barton Springs Road, Suite 900

TBPE Registered Firm No. F-2708

Plumbing Engineer of Record Date

04/11/2024

04/11/2024

4/10/2024

SEALS PAGE 00 01 07 - 2/2

FOOD SERVICE CONSULTANT OF RECORD

Cosper & Associates, Inc.

13061 #3 Highway 181, San Antonio, Texas 78223

Food Service Consultant of Record Date

TECHNOLOGY/SECURITY CONSULTANT OF RECORD

Combs Consulting Group 18200 W Interstate 10, Suite 103, San Antonio, Texas 78230

Technology Consultant of Record Date

END OF DOCUMENT

4/11/2024

4/11/2024

TABLE OF CONTENTS 00 10 00 - 1/3

TABLE OF CONTENTS

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 07 Seals Page 00 10 00 Table of Contents 00 11 13 Proposal Solicitation 00 21 13 Instructions to Offerors 00 31 00 General Terms and Conditions 00 41 00 Proposal Form 00 43 05 Felony Conviction Notification 00 43 06 Contractors Qualification Statement 00 43 07 Hold Harmless Agreement 00 43 08 Contractor’s Asbestos Free Affidavit 00 43 09 Criminal Background Check 00 43 10 Partial Release of Liens 00 43 13 Release of Liens 00 43 14 Conflict of Interest Questionnaire Form 00 43 36 Proposed Subcontractor’s Form 00 52 00 Agreement Form 00 53 00 Bond and Insurance Requirements 00 56 10 Minimum Wage Rates 00 58 00 Texas Department of Agriculture and Edgar Certifications

DIVISION 01 GENERAL REQUIREMENTS

01 10 00 Summary 01 20 00 Price and Payment Procedures 01 21 00 Allowances 01 22 00 Unit Prices 01 30 00 Administrative Requirements 01 33 02 Request for Substitution Substitution Request Form - Bidding Phase Substitution Request Form - Executed Contract 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Execution and Closeout Requirements 01 78 00 Closeout Submittals 01 79 00 Demonstration and Training

DIVISION 02 EXISTING CONDITIONS

02 41 19 Selective Demolition

(DIVISION 03 CONCRETE – NOT USED)

DIVISION 04 MASONRY

04 20 00 Unit Masonry

DIVISION 05 METALS

05 52 13 Pipe and Tube Railings

TABLE OF CONTENTS 00 10 00 - 2/3

DIVISION 06 WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry

DIVISION 07 THERMAL AND MOISTURE PREVENTION

07 21 00 Thermal Insulation 07 92 00 Joint Sealants 07 92 19 Acoustical Joint Sealants

DIVISION 08 OPENINGS

08 33 26 Overhead Coiling Grilles 08 81 13 Decorative Glazing Films

DIVISION 09 FINISHES

09 22 16 Non-Structural Metal Framing 09 29 00 Gypsum Board 09 30 00 Tiling 09 65 13 Resilient Base and Accessories 09 91 23 Interior Painting

DIVISION 10 SPECIALTIES

10 11 00 Visual Display Units

DIVISION 11 EQUIPMENT

11 40 00 Foodservice Equipment

(DIVISION 12 THROUGH DIVISION 21 – NOT USED)

DIVISION 22 PLUMBING

22 00 01 Basic Plumbing Requirements 22 05 29 Hangers and Supports for Plumbing Piping and Equipment 22 05 53 Identification for Plumbing Piping and Equipment 22 07 00 Plumbing Insulation 22 11 00 Facility Water Distribution 22 13 00 Facility Sanitary Sewerage 22 33 00 Electric Domestic Water Heaters 22 40 00 Plumbing Fixtures

(DIVISION 23 HEATING, VENTILATING AND AIR CONDITIONING – NOT USED)

DIVISION 26 ELECTRICAL

26 00 01 Basic Electrical Requirements 26 05 03 Equipment Wiring Connections 26 05 05 Electrical Demolition 26 05 19 600-Volt Building Wire and Cable 26 05 26 Grounding and Bonding for Electrical Systems 26 05 27 Wiring Devices 26 05 29 Hangers and Supports for Electrical Systems

TABLE OF CONTENTS 00 10 00 - 3/3

DIVISION 26 ELECTRICAL (CONTINUED)

26 05 33 Raceway Systems 26 05 53 Identification for Electrical Systems 26 24 16 Panelboards 26 28 13 250- & 600-Volt Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 51 16 Interior Lighting

DIVISION 27 COMMUNICATIONS

27 10 00 Structured Cabling

DIVISION 28 ELECTRONIC SAFETY AND SECURITY

28 23 00 Video Surveillance

(DIVISION 31 THROUGH DIVISION 33 – NOT USED)

END OF DOCUMENT

PROPOSAL SOLICITATION 00 01113

REQUEST FOR COMPETITIVE SEALED PROPOSALS

Clemens High School Serving Line Renovation

CSP #24-016C

O’Connell Robertson Project No. 1403.18

April 11, 2024

SECTION 00 1113

PROPOSAL SOLICITATION

FROM:

1.01 THE OWNER (HEREINAFTER REFERRED TO AS SCUCISD):

A. Schertz Cibolo Universal City Independent School District

1060 Elbel Road

Schertz, TX 78154

1.02 AND THE ARCHITECT (HEREINAFTER REFERRED TO AS ARCHITECT):

A. O’Connell Robertson

1.03 DATE OF DOCUMENTS: 04/11/2024

1.04 TO: POTENTIAL OFFERORS

A. The Schertz Cibolo Universal City Independent School District ("SCUCISD" or "Owner") of Guadalupe County, Texas proposes to perform a renovation project consisting of Food Service serving line replacement, Overhead Security Grilles, new gypsum board on metal stud assemblies at Clemens High School Cafeteria. Schertz Cibolo Universal City ISD is requesting competitive sealed proposals for the work pursuant to Texas Education Code Sections 44.038 and The Government Code 2269. Proposals will be taken by the Purchasing Director for the district. Proposals are to be submitted in accordance with this proposal solicitation and the accompanying instructions, as follows: To Schertz Cibolo Universal City ISD Purchasing Office, 1060 Elbel Road, Schertz, Texas before 2:00 pm local daylight time on the 9th day of May, 2024.

Proposals will be read aloud after 2:00 pm.

B. Project Description: The Project to include but not limited to the following systems:

1. Select demolition of interior finishes (floor finishes, masonry and gypsum covered metal studs), and ceilings.

2. Removal of existing serving line equipment.

3. Repair of electrical and plumbing to support new fixtures.

4. Installation of new serving line equipment.

5. Installation of new overhead coiling grills in gypsum board soffits.

C. Proposal Documents will be available. PDF files will be available from the Design Team at no charge. Partial sets will not be issued. Contractors and Sub Contractors are responsible for knowing entire scope of work that applies to their scope of work.

D. Documents may also be viewed at the districts purchasing website located at https://scucisd.procureware.com/home . Plans are not available at the office of the Owner.

E. Refer to other bidding requirements described in Document 00 2113 - Instructions to Offerors.

F. Submit your offer on the Bid Form provided. Offerors may supplement this form as appropriate to provide information requested.

G. Your offer will be required to be submitted under a condition of irrevocability for a period of sixty

(60) days after submission.

https://scucisd.procureware.com/home

H. The Owner reserves the right to accept or reject any or all offers.

END OF PROPOSAL SOLICITATION

INSTRUCTIONS TO OFFERORS 00 2113 - 1/12

SECTION 00 2113

INSTRUCTIONS TO OFFERORS

SUMMARY

1.01 DOCUMENT INCLUDES

A. Invitation

1. Proposal Submission

2. Intent

3. Work Identified in the Contract Documents

4. Contract Time

B. Proposal Documents and Contract Documents

1. Definitions

2. Contract Documents Identification

3. Availability

4. Examination

5. Inquiries/Addenda

6. Product/Assembly/System Substitutions

C. Site Assessment

1. Site Examination

2. Pre-Proposal Conference:

D. Qualifications

1. AIA Contractor Qualifications Statement

2. Subcontractors/Suppliers/Others

E. Proposal Submission

1. Proposal Depository

2. Proposal Ineligibility

3. Submission Procedure

F. Proposal Enclosures/Requirements

1. Consent of Surety

2. Performance Assurance

3. Insurance

4. Proposal Form Requirements

5. Fees for Changes in the Work

6. Proposal Form Signature

7. Additional Proposal Information

8. Selection and Award of Alternatives

G. Offer Acceptance/Rejection

1. Duration of Offer

2. Acceptance of Offer

1.02 RELATED DOCUMENTS

A. Document 00 1113 - Proposal Solicitation.

B. Document 00 2113 - Instructions to Bidders

C. Document 00 3100 – General Terms and Conditions

INSTRUCTIONS TO OFFERORS 00 2113 - 2/12

D. Document 00 4100 - Proposal Form

E. Document 00 4305 - Felony Conviction Notification

F. Document 00 4306 - Contractor's Qualification Statement

G. Document 00 4307 - Hold Harmless Agreement

H. Document 00 4308 - Contractor's Asbestos Free Affidavit

I. Document 00 4309 – Criminal Background Check

J. Document 00 4310 - Partial Release of Liens

K. Document 00 4313 - Release of Liens

L. Document 00 4314 – Conflict of Interest Questionnaire - Form CIQ

M. Document 00 4315 - Preconstruction Manual

N. Document 00 4336 - Proposed Subcontractors Form

O. Document 00 5200 – Agreement Form

P. Document 00 5610 - Minimum Wage Rates

Q. Document 00 5800 - Texas Department of Agriculture and EDGAR Certifications

R. Exhibit 1 – Agreement and General Conditions, as Amended

S. All Division 0 and 1 Specifications Sections listed as Part I of the Request for Proposal.

INVITATION

2.01 PROPOSAL SUBMISSION

A. Proposals signed, executed, and dated will be received at the Schertz Cibolo Universal City ISD Purchasing Dept.,1060 Elbel Road, Schertz, TX 78154 before 2:00 p.m. local standard time on the 9th day of May 2024.

B. Proposals submitted after the above time shall be returned to the bidder unopened.

C. Proposals will be opened publicly immediately after the time for receipt of proposals.

D. By submitting a proposal, the offeror represents that (i) the offeror has prior experience on construction projects of the same or similar type, nature and class as the Work; (ii) the offeror has read and understands the Proposal Documents and the Contract Documents; (iii) the proposal is made in accordance with the Proposal Documents; and (iv) the offeror has inspected the site, is familiar with the local conditions under which the Work is to be performed, and has correlated the offeror's site observations with the requirements of the Contract Documents.

E. By submitting a proposal, each offeror agrees to waive any claim it has or my have against the Owner, the Architect/Engineer, and their respective trustees, officers, shareholders, director, partners, agents, contractors, consultants and employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents; or the Contract Documents; acceptance or rejection of any proposals;

and award of the Contract.

2.02 INTENT

A. The intent of this Competitive Sealed Proposal request is to obtain an offer to perform work to complete the SCUCISD Clemens High School – Cafeteria Serving Line Renovation, 1001 Elbel in Schertz, TX 78154, for a Stipulated Sum contract, in accordance with the Contract Documents.

INSTRUCTIONS TO OFFERORS 00 2113 - 3/12

2.03 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS

A. Work of this proposed Contract consists of Food Service serving line replacement, Overhead Security Grilles, new gypsum board on metal stud assemblies at Clemens High School Cafeteria.

2.04 CONTRACT TIME

A. Perform the Work within the time stated in Section 01 1000 - Summary or as indicated by the Offeror on the Proposal Form if less than the time stated.

B. The offeror, in submitting an offer, accepts the Contract Time period stated for performing the Work. The completion date in the Agreement shall be the Contract Time added to the commencement date.

C. Owner requires that under the work of this contract be completed as quickly as possible and consideration will be given to time of completion when reviewing the submitted bids.

PROPOSAL DOCUMENTS AND CONTRACT DOCUMENTS

3.01 DEFINITIONS

A. Proposal Documents: Contract Documents supplemented with Proposal Solicitation, Instructions to Offerors Proposal Form and other Division 0 and 1 documents identified.

B. Contract Documents: AIA A101 Article 1 - 2017 General Conditions to the Contract, Amendments to the Owner Contractor Stipulated Sum Agreement (as amended) Other Conditions included with the "Proposal Documents", and the Drawings, and all Addenda issued prior to the execution of the contract.

C. Proposal, Bid, Offer, or Bidding: Act of submitting an offer.

D. Bid or Proposal Amount: Monetary sum identified by the Bidder or Offeror in the Bid Form. Any reference to Bid, Bids or Bidder in these documents means to offer a competitive sealed proposal as defined by the State of Texas. The Owner and Architect shall evaluate all proposals based on qualifications as defined in 00300 Information Available to Offerors (Bidders).

3.02 INTERPRETATIONS, CHANGES AND SUBSTITUTIONS:

A. Each offeror shall carefully study and compare the Proposal Documents with one another and with any existing work or work under construction; examine the site and local conditions; and promptly report to the Architect/Engineer any suspected errors, inconsistencies or ambiguities.

Offerors may only request clarification or interpretation of Proposal Documents in writing, which request must be received by the Architect/Engineer at least four business (4) days prior to the last date for submission of proposals.

1. IN NO EVENT SHALL REQUESTS FOR SUBSTITUTIONS BE ACCEPTED OR

CONSIDERED BY OWNER PRIOR TO THE AWARD OF THE CONTRACT.

AFTER AWARD OF THE CONTRACT, THE OWNER AND THE ARCHITECT MAY

ACCEPT OR REJECT ANY REQUEST FOR SUBSTITUTION IN THEIR SOLE

DISCRETION.

2. Interpretations, corrections, and/or changes of or to the Proposal Documents will be made by written Addendum issued by the Architect. Any interpretations, corrections or changes of or to the Proposal Documents made in any other manner will not be binding. Addenda will be emailed to all persons known by the Architect/Engineer to have received a complete set of Proposal Documents. In addition, copies of Addenda will be made available for inspection wherever the Proposal Documents are on file as set forth in the Invitation to

INSTRUCTIONS TO OFFERORS 00 2113 - 4/12

Offerors. No Addenda will be issued later than three (3) days prior to the last date for submission of proposals, except an Addendum withdrawing the request for proposals or which includes postponement of the date for receipt of proposals. Each offeror shall acknowledge the receipt of all Addenda issued in its proposal. Failure of an offeror to receive any such Addenda shall not relieve the offeror from any obligation under its proposal as submitted. Add Addenda so issued shall become a part of the Contract Documents.

3.03 FORM OF PROPOSAL:

A. Proposals shall be submitted on the prescribed form included in the Proposal Documents or on Offerors proposal form. All blanks on the Proposal Form shall be completed, in ink or typewritten, with sums expressed in both words and figures. In case of discrepancy between the words and the figures, the amount written in words shall govern. All requested alternates shall be included in the proposal, and if no change in the base proposal is required, the phrase “No Change” shall be inserted in the appropriate location. Each copy of the Proposal Form shall include the legal name of the offeror and shall indicate whether the offeror is a sole proprietor, partnership, corporation or other legal entity. Each copy of the Proposal Form shall be signed by the person or persons legally authorized to bind the offeror. A proposal by a corporation or other entity shall include the state of incorporation or organization of the offeror, evidence of registration to do business in Texas and reasonable evidence of the authority of the person signing the proposal to bind the corporation or other entity.

B. Proposals shall be submitted with the supplemental information as listed below. In the order requested. Proposals shall be submitted with one (1) original document, one (1) paper copy and one (1) electronic copy using a USB storage device.

1. Proposal Binder Content

a. Tab 1 - Relevant Experience

1) AIA A305 Contractor’s Qualification Statement - Executed counterpart of the Contractor’s Qualification Statement, a copy of which is inserted in the Proposal Binder at Tab 1.

2) List of Projects (size, scope, initial cost, final cost, number of change orders)

b. Tab 2 - Project Management Ability

1) Firm Profile - information from AIA 305 Contractor's Qualification Statement need not be duplicated from Tab 1.

(a) Year Founded

(b) Number of offices

(c) Number of employees

(d) Organizational Structure

(e) Resumes of Project Manager and Project Superintendent

(f) Schedule (Gantt, CPM or Bar Chart)

c. Tab 3 - Past Performance

1) Reference Letters

2) List of References (with current contact information)

3) Felony Conviction Notification - Executed counterpart of the Felony Conviction Notification, utilize form provided in Section 00 4305. Insert a copy in Proposal Binder at Tab 3

4) Hold Harmless Agreement - Executed counterpart of the Hold Harmless Agreement attached to the Proposal Form as Attachment 4.

5) Criminal Background Check – Executed Counterpart of the Criminal Background Check provided in Section 4309.

6) Conflict of Interest Questionnaire – Form CIQ – Executed counterpart of the Conflict of Interest Questionnaire – Form CIQ provided in Section 4314.

7) Project Safety Record – Provide a written record of all safety related claims filed for the last 3 years.

d. Tab 4 - Subcontractor and Supplier Support (00 4336 - List of Subcontractors)

INSTRUCTIONS TO OFFERORS 00 2113 - 5/12

1) List of subcontractors - A Schedule of the subcontractors and material suppliers, which the offeror proposes to use for the Work, utilize form provided in Section 00 4336. All spaces on the attached Schedule shall be completed, and should any particular item or trade not apply, the offeror shall mark “not applicable” in the appropriate space. Each offeror is advised that all persons, firms, corporations or other parties to whom the offeror proposes to award a subcontract hereunder must be acceptable to the Owner and Architect. The Schedule described herein is in addition to, and not limitation of, the requirements for submission and approval of subcontractors and suppliers contained in Article 5 of the General Conditions. The Owner may require evidence of a subcontractor’s bondability if the subcontractor’s contract exceeds $100,000.00 in the aggregate, and require any such subcontractor to obtain and deliver such bonds prior to commencement of any Work by the subcontractor. Insert a copy in Proposal Binder at Tab 4.

e. Tab 5 - Price Proposal

1) Proposal Form 00 4100

2) Certificates of Insurance

3) Bid Bonds

4) Document 00 4308 - Contractor's Asbestos Free Affidavit

5) Document 00-4309 – Criminal Background Check

6) Document 00 4310 - Partial Release of Liens

7) Document 00 4313 - Release of Liens

8) Document 00 5800 - Texas Department of Agriculture and EDGAR Certifications

3.04 CONTRACT DOCUMENTS IDENTIFICATION

A. The Contract Documents are identified as SCUCISD Clemens HS Cafeteria Serving Line Renovation, as prepared by O’Connell Robertson who is located at 4040 Broadway Suite 300, San Antonio, TX 78209, and with contents as identified in the Table of Contents.

3.05 AVAILABILITY

A. Bid documents may be obtained at the SCUCISD Procureware website at https://scucisd.procureware.com/home.

B. Proposal Documents are made available only for the purpose of obtaining offers for this project.

Their use does not grant a license for other purposes.

C. Partial sets will not be issued.

D. File access by download of .pdf files of Proposal Documents will be available upon request and completion of the digital document access agreement.

3.06 EXAMINATION

A. Immediately notify Architect upon finding discrepancies or omissions in the Bid Documents.

3.07 INQUIRIES/ADDENDA

A. Direct all questions to the SCUCISD’s Procureware website. No telephone inquiries will be responded to.

B. Addenda may be issued during the bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Amount.

C. Verbal answers are not binding on any party.

https://scucisd.procureware.com/home

INSTRUCTIONS TO OFFERORS 00 2113 - 6/12

D. Clarifications requested by offerors must be in writing not after the 3rd day of May at 5:00 PM CST. The last day an addendum will likely be released is the 6th day of May.

E. The Architect will only answer written requests. Answers will be in writing in the form of email and recorded in addenda.

3.08 PRODUCT/ASSEMBLY/SYSTEM SUBSTITUTIONS

A. Where the Bid Documents stipulate less than three (3) products/manufacturers, substitutions will be considered after award of the Contract, as long as substitutions meet or exceed specification requirements. Architect to be sole judge of equivalency of substituted product.

B. Where the Bid Documents stipulate three (3) or more equivalent products/manufacturers, substitutions will not be considered. Contractor shall provide one of the product/manufacturer identified in the Bid Documents.

C. The submission of a proposed substitution as discussed in Item A above, shall provide sufficient information to determine acceptability of such products and Offeror certifies that any substitution meets or exceeds specification and drawing requirements when a substitution is included in proposal. Architect reserves the right to reject substitution at any time prior to written acceptance.

D. Provide complete information on required revisions to other work to accommodate each proposed substitution.

E. Provide products as specified unless substitutions are submitted in this manner and accepted.

F. See Section 01 6000 - Product Requirements for additional requirements.

SITE ASSESSMENT

4.01 SITE EXAMINATION

A. Examine the project site before submitting a bid. Project is located at 1001 Elbel Rd, Schertz, Texas 78154

B. The Offeror is required to contact AG|CM who is acting on behalf of Owner at the following phone number in order to arrange a date and time to visit the project site: Garrett Martin of AGCM is the Owners representative and he can be contacted 210.303.2014 or by email at gmartin@agcm.com.

4.02 PRE-PROPOSAL CONFERENCE

A. A non-mandatory Pre-Proposal conference has been scheduled for 3:30 p.m. on Wednesday, the 24th day of April, 2024 at the District Central Office Board Room, 1060 Elbel Road, Schertz, TX 78154. Contractor may also get a chance to see the site after.

B. All subcontract offerors and suppliers are invited.

C. Representatives of Architect and the Owner will be in attendance.

D. Information relevant to the Proposal Documents will be recorded in an Addendum, issued to Offerors.

INSTRUCTIONS TO OFFERORS 00 2113 - 7/12

QUALIFICATIONS

5.01 EVIDENCE OF QUALIFICATIONS

A. To demonstrate qualification for performing the Work of this Contract, offerors to submit written evidence with a Contractors Qualification Statement of previous experience and current commitments, license to perform work in the State of Texas and City of Schertz, Cibolo, Universal City.

5.02 SUBCONTRACTORS/SUPPLIERS/OTHERS

A. Owner reserves the right to reject a proposed subcontractor for reasonable cause.

B. Refer to General Terms & Conditions.

PROPOSAL PROCEDURES

6.01 SUBMISSION PROCEDURE

A. Offerors shall be solely responsible for the delivery of their proposals in the manner and time prescribed.

B. Double Envelope: Insert the closed and sealed Bid Form envelope plus requested bid bond, qualification forms, and other proposal supplements in a large opaque envelope and label this envelope as noted above.

C. Improperly completed information, irregularities in bid bond, shall be cause not to open the Bid Form envelope and declare the bid invalid or informal.

D. Proposals may not be faxed or emailed.

E. An abstract summary of submitted cost portion of proposals will be made available to all Offerors following proposal opening.

F. Notification of award will not be made until after formal action by the Schertz Cibolo Universal City ISD Board of Trustees.

6.02 MODIFICATION AND WITHDRAWAL OF PROPOSALS

A. A proposal may not be modified, withdrawn or canceled by an offeror for a period of sixty (60) days after the last date specified for receipt of proposals. Prior to the last date specified for submission of proposals, a proposal may be modified or withdrawn by notice to Owner at the place designated for receipt of proposals. Such notice shall be in writing and executed by the offeror, or by facsimile, telegram, or other similar electronic means. If by facsimile, telegram or other similar electronic means, written confirmation executed by the offeror shall be mailed and postmarked on or before the stated time set for receipt of proposals. Any modification shall be worded so as not to reveal the amount of the original proposal. Any proposal withdrawn may be resubmitted within the time designated for the submission of proposals.

6.03 ACCEPTANCE AND/OR REJECTION OF PROPOSALS

A. The Owner may request from an offeror a written interpretation of any term or statement in a proposal that is or appears unclear or subject to more than one interpretation, and may act upon such written interpretation. The Owner shall have the right to reject any or all proposals; to reject a proposal not accompanied by the required proposal documents or security; to reject a proposal

INSTRUCTIONS TO OFFERORS 00 2113 - 8/12

which is in any way incomplete, irregular or nonconforming; or to reject a proposal which may otherwise be legally rejected for any reason. The Owner may waive any formality in any proposal to the fullest extent permitted by applicable law. The Owner shall have the right to accept alternates (if requested) in any order or combination unless otherwise specifically provided in the Proposal Documents, and may determine the lowest (dollar) offeror on the basis of the sum of the base proposal and any alternates accepted.

B. Except to the extent that applicable law prohibits such, and without limiting the generality of the foregoing, the Owner and may also consider, among other things; (i) the offeror's reliability, capacity, ability, character, experience, reputation, integrity, skill, efficiency, energy, stability and judgment; (ii) the satisfactoriness of Owner's previous dealings with the offeror including timely completion of work, compliance with laws, and warranty service; (iii) the offeror's personnel and facilities for carrying out the Work; (iv) the offeror's financial strength; (v) the offeror's safety record; (vi) the length of construction time proposal, if applicable; (vii) the probability of satisfactory future maintenance, repair, and service to be performed by the offeror; and (viii) the number and scope of conditions, exceptions and exclusions included in the proposal

C. It is the intent of the Owner and Contractor at Risk to have as much discretion in the manner of awarding the contract and the determination of responsibility or non-responsibility of offerors as the law allows. Each offeror shall furnish to the Architect all such information and data reasonably requested by the Architect to help in determining the offeror's qualifications and responsibility.

D. Unless the Owner rejects all proposals, the Owner intends to award the Contract by means of competitive sealed proposals to the offeror that provides the best value, or in any other manner permitted by applicable law, including, without limitation, any means permitted under Texas Education Code, Section 44.031 et seq and The Texas Government Code 2269. The Owner may consider all relevant factors and circumstances which the law allows to be considered, including without limitation, the following:

1. the contract price;

2. the reputation of the contractor and of the contractor’s services;

3. the quality of the contractor’s services;

4. the extent to which the services meet the Owner’s needs;

5. the contractor’s past relationship with the Owner;

6. the impact on the ability of the Owner to comply with laws

a. and rules relating to historically underutilized businesses;

7. the total long-term cost to the Owner to acquire the contractor’s services; and

8. any other relevant factor that a private business entity would consider in selecting a contractor

6.04 SELECTION CRITERIA

A. RELEVANT EXPERIENCE – (11 Points) - Information from proposal. (Tab 1)

1. Experience as a general contractor with specific experience in facilities construction projects of the same or similar scope, size, nature and class as the Project proposed, including work performed in connection with a facility, which is occupied, and in use during construction.

Consideration will be given to Offeror’s years of experience with similar projects.

2. Representative projects (dollar value and/or scope/size) must be submitted as references and should include the project name, architect or engineer, cost of the project, the contact person and telephone number. Consideration will only be given to projects that are occupied or substantially complete. Multiple phased and occupied building projects may receive greater consideration.

B. PROJECT MANAGEMENT ABILITY – (17 Points) - Information from proposal. (Tab 2)

1. The Offeror shall provide evidence of sufficient resources necessary to manage, staff, and successfully perform the work contemplated under this proposal. Provide a brief profile of

INSTRUCTIONS TO OFFERORS 00 2113 - 9/12

the Offeror, including its principal line of business, the year founded, number and location of offices, and the number of employees. Identify any condition (bankruptcy, pending merger, pending litigation, planned office closures or others) that may enhance or impede the Offeror’s ability to perform the services.

a. The Offeror shall include a discussion of its organizational structure and indicate the number and qualifications of key personnel, including the designation of a project manager and project superintendent. Resumes of the project manager and project superintendent (including a description of relevant experience) shall be included by the Offeror. Project Manager and Project Superintendent's resume with the following information is required; Education, Years’ experience in construction and list of completed projects that must contain the following information; Project Name, Client Contact, Size in SF, Construction Cost, Year completed, Person's Role (project manager, superintendent, project engineer, etc), Construction company completed for.

The number of projects completed with relevant experience and of an equivalent construction value will be counted and points awarded for number of completed projects by the evaluation team.

b. The Offeror shall include evidence of its ability to obtain the required bonds and insurance, and the ability to cover operating expenses. Such evidence includes pertinent bank, bonding company, and creditor references, with account numbers, points of contact, and telephone numbers.

c. Each Offeror shall be capable of furnishing payment and performance bonds, each in the amount of 100% of the contract sum. The Surety Company providing the bonds must be approved for the amount of the bonds by applicable laws of the State of Texas and by Owner and licensed to do business in the State of Texas and have a minimum A rating by A. M. Best.

d. The Offeror shall be otherwise qualified and eligible to receive an award and perform the contractor’s obligations in connection with the Project, under applicable laws and regulations.

e. The Offeror shall list additional project support available that would be utilized on this project to insure timely and quality completion.

f. Provide a list of all safety related claims over the last 3 years with any relevant information that would explain circumstances of claim.

C. PAST PERFORMANCE – (27 Points) - Information from proposal. (Tab 3)

1. The contractor shall provide evidence in the form of a narrative description, reference letters, bar charts and any other form of additional information that attests to their past performance and addresses, at a minimum, Items (i) through (vii)) listed below. Contractors currently providing construction services to the Schertz Cibolo Universal City Independent School District should provide information from other clients. Past performance will be considered in the evaluation process, including but not limited to, the following:

a. Ability of contractor to remain on schedule.

b. Cooperation with owner of project and staff.

c. Proper and timely coordination of all trades and support personnel in completing the project.

d. Minimum number of major deficiencies on the substantial completion punch list.

e. Minimum number of warranty item call backs during the warranty phase, and warranty responsiveness.

f. Consistent demonstration of commitment to excellence in workmanship.

g. Fairness of Change Order pricing and execution

D. SUBCONTRACTOR AND SUPPLIER SUPPORT CAPABILITY – (15 Points) - Information from proposal. (Tab 4)

INSTRUCTIONS TO OFFERORS 00 2113 - 10/12

1. The Offeror shall submit a schedule of proposed subcontractors for this Project. [See Attachment 2.] The Offeror should be capable of submitting resumes and references for each subcontractor listed, if requested by Owner.

E. PRICE PROPOSALS – (30 Points) Information from proposal. (Tab 5)

1. The Owner will consider the total contract cost as part of its evaluation. The Owner shall have the right to accept alternates in any order or combination unless otherwise specifically provided in the Proposal Documents.

2. The Offeror submitting the lowest proposed amount shall receive the highest number of points in this category, and the Offeror submitting the highest proposed amount shall receive the lowest number of points awarded in this category.

F. PROPOSAL REVIEW COMMITTEE

1. The proposal review committee will include, but not be limited to, the Chief Financial Officer, the Director of Purchasing, Director of Facilities, the Architect, Owners Representative (AGCM), and any applicable Architect’s consultants.

6.05 EVALUATION RATING CRITERIA AND METHODOLOGY

A. Per section 6.04 of this specification

B. Acceptance of Evaluation Methodology: By submitting its Proposals in response to this RCSP, the Offeror accepts the evaluation process and methodology, and further, acknowledges and accepts that determination of the “best value” Offeror will require subjective judgments by the Owner.

6.06 PROPOSAL INELIGIBILITY

A. Proposals that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may at the discretion of the Owner, be declared unacceptable.

B. Failure to provide security deposit, bonding or insurance requirements may, at the discretion of Owner, be waived.

PROPOSAL ENCLOSURES/REQUIREMENTS

7.01 SECURITY DEPOSIT

A. Bids shall be accompanied by a security deposit as follows:

1. Bid Bond of a sum no less than 5 percent of the Bid Amount on AIA A310 Bid Bond Form.

B. Endorse the Bid Bond in the name of the Owner as obligee, signed and sealed by the principal (Contractor) and surety.

C. The security deposit will be returned after delivery to the Owner of the required Performance and Payment Bond(s) by the accepted bidder.

D. Include the cost of bid security in the Bid Amount.

E. If no contract is awarded, all security deposits will be returned.

INSTRUCTIONS TO OFFERORS 00 2113 - 11/12

7.02 PERFORMANCE ASSURANCE

A. Accepted Offeror: Owner is requesting that cost for providing a Performance and Payment bond as described in General Conditions of the Contract, be provided prior to execution of the Owner Contractor Agreement.

7.03 INSURANCE

A. Provide an executed "Certificate of Insurance" on a standard form provided by the insurance company stating their intention to provide insurance to the bidder in accordance with the insurance requirements of the Contract Documents.

7.04 PROPOSAL FORM REQUIREMENTS

A. Complete all requested information in the Proposal Form and Appendices or on a form that is customary for the Offeror with similar information. The Owner reserves the right to request additional information that may assist them in selecting the best value offer to the Schertz Cibolo Universal City I.S.D.

B. Taxes: Refer to General Conditions for products that are tax exempt.

7.05 SALES AND USE TAXES

A. As a school district, the work is tax exempt. Contractors are required to abide by tax codes for the State of Texas.

7.06 FEES FOR CHANGES IN THE WORK

A. Allowable fees for overhead and profit on own Work and Work by subcontractors is identified in Document Exhibit 1 - Amended General Conditions.

7.07 PROPOSAL FORM SIGNATURE

A. The Proposal Form shall be signed by the offeror, as follows:

1. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign. Insert the words "Sole Proprietor" under the signature. Affix seal.

2. Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the word "Partner" under each signature. Affix seal to each signature.

3. Corporation: Signature of a duly authorized signing officer(s) in their normal signatures.

Insert the officer's capacity in which the signing officer acts, under each signature. Affix the corporate seal. If the bid is signed by officials other than the president and secretary of the company, or the president/secretary/treasurer of the company, a copy of the by-law resolution of their board of directors authorizing them to do so, must also be submitted with the Bid Form in the bid envelope.

4. Joint Venture: Each party of the joint venture shall execute the Bid Form under their respective seals in a manner appropriate to such party as described above, similar to the requirements of a Partnership.

7.08 PREVAILING WAGE RATES

A. As set forth in the Contract Documents, each offeror is advised that, if awarded the Contract, the offeror must comply with the requirements of V.T.C.A., Government Code 2258.001 et seq., with respect to the Work, and in this regard shall pay to and cause all of its subcontractors to pay not less than the general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work, as ascertained by the Owner.

INSTRUCTIONS TO OFFERORS 00 2113 - 12/12

7.09 SELECTION AND AWARD OF ALTERNATIVES

A. Indicate variation of proposal for alternatives listed in the Request for Proposal. Unless otherwise indicated, indicate alternatives as a difference in bid price by adding to or deducting from the base bid price.

B. Voluntary alternatives may be considered by the Owner, identify cost savings and provide detailed revision of materials, methods and manner in writing. Submit additional information as requested by the Owner to evaluate the Voluntary Alternate.

OFFER ACCEPTANCE/REJECTION

8.01 DURATION OF OFFER

A. Bids shall remain open to acceptance for a period of sixty days after the bid closing date.

8.02 ACCEPTANCE OF OFFER

A. Owner reserves the right to accept or reject any or all offers.

B. After acceptance by Owner, on behalf of Owner, will issue to the successful offeror, a written Letter of Intent to Award.

C. Time is of the essence, and the award of the Contract to the successful offeror is expressly conditioned upon (i) the offeror’s execution and delivery of the Contract Documents, and delivery of all required payment and performance bonds and evidence of insurance, within ten (10) calendar days after the successful offeror is notified of the acceptance of its proposal, and (ii) the offeror’s timely fulfillment of any and all other conditions expressly set forth in the Contract Documents. Should the offeror fail to timely execute and deliver the Contract Documents, the bonds and evidence of insurance, or fail to timely fulfill any other conditions to the Contract Documents and the commencement of the Work, the Owner may, at its option and discretion, without releasing, impairing or affecting its right to receive the proposal security as liquidated damages for such failure, rescind the award and thereafter award the Contract to another offeror, or may reject all proposals. There will be no contractual obligation of the part of the Owner to any offeror, nor will any offeror have any property interest or other right in the Contract of Work being proposal, unless and until the Contract Documents are unconditionally executed and delivered by all parties, and all conditions to be fulfilled by the offeror have either been so fulfilled by the offeror or waived in writing by the Owner.

END OF INSTRUCTIONS TO OFFERORS 00 2113

GENERAL TERMS AND CONDITIONS 00 3100 - 1/5

SECTION 00 3100

GENERAL TERMS AND CONDITIONS

A. In case of conflict between the terms and conditions of the Solicitation/Contract Documents as defined below and those of any standard forms presented by Contractor or sureties or forms or clauses appearing in or referenced by Contractor's proposal, the terms and conditions of the Solicitation/Contract Documents shall prevail.

1. The Schertz-Cibolo-Universal City Independent School District will not be bound to accept the lowest or any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals and to waive any minor informality.

2. All costs incurred in the preparation and submission of the RFCSP response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, and provide samples and/or technical literature, all costs shall be borne by the Vendor.

3. Changes in Scope of Work. Owner may request additional Work or changes in the Work as the project progresses. If so, changes in the Scope of Services shall be initiated by a written change order signed by an authorized representative of each party. The change order shall describe the Work to be added, changed or deleted and shall state the additional cost or cost reduction and schedule changes, if any. Verbal change orders shall have no effect, except in cases of an emergency threatening personal injury or property damage. The terms and conditions of this Contract may be modified only by a writing signed by an authorized representative of each party.

4. Jobsite Inspection. Contractor acknowledges that its representatives have inspected the jobsite and clearly understand the requirements of the Work to be performed, the jobsite conditions, particulars of the building construction as they will affect the Work and Contractor's installations, building occupancy patterns, utility locations, and other conditions likely to affect Contractor's performance.

5. Time Extensions. Extensions of the time schedule shall be allowed only for Force Majeure conditions or otherwise as mutually agreed to in writing by the parties.

6. Laws, Regulations & Standards. Contractor shall be responsible for compliance with all Federal, State, and local laws and regulations, permit requirements and ordinances that may affect the Contract or the Work, including notifications required by law, regulation, ordinance or rule, and for compliance with current standards and codes of technical societies that have been adopted by law or regulation.

Laws and regulations governing Owner as a political subdivision of the State are incorporated into the Contract for all purposes. Contractor shall ensure that any subcontractors engage properly licensed and experienced plumbers, electricians, electronics installers, and other trades people to perform their respective portions of the Work.

7. Jobsite Safety. Contractor shall be fully responsible for performing in accordance with industry safety standards, for the protection of all employees, other personnel, and all property that may be affected.

Contractor shall be responsible for compliance with laws and regulations. If Contractor believes that an unsafe condition exists at or near the jobsite, Contractor shall correct the unsafe condition before proceeding or report the condition to Owner or local representatives for correction.

GENERAL TERMS AND CONDITIONS 00 3100 - 2/5

8. Jobsite Cleanup; Pollution. Contractor shall haul away and properly dispose of construction debris and leave the jobsite "broom clean." Contractor, its subcontractors and suppliers shall handle, transport, use and dispose of fuels, hydraulic fluid, lubricants, cleaning compounds and other potential pollutants in accordance with applicable laws and regulations. Any wastes, liquids, paints or other pollutants shall be handled, transported and disposed of properly, as required by applicable laws and regulations. If Contractor's personnel are in doubt about proper handling, transportation, use or disposal methods, they shall not proceed until the question is resolved. Contractor shall be liable for the cost of environmental cleanup necessitated by spills or leaks at or near the jobsite or improper handling, transportation, use or disposal of any of these products by Contractor's personnel, subcontractors or suppliers. Contractor agrees to pay any fines, administrative penalties, or other costs imposed as a result of Contractor's failure to comply with these requirements.

9. Force Majeure. Neither party shall be liable for delays, nonperformance, damage or losses due to causes beyond its reasonable control, including but not limited to action of the elements, severe weather, fires, floods, sabotage, government or regulatory action including withholding of approvals, or delays beyond the control of suppliers or subcontractors. A party whose performance is hindered or delayed shall use its best efforts to reduce the length of the delay and to mitigate the effects of it.

10. Assignment. Contractor may not assign this Contract without the consent of Owner. Attempted assignment, subletting, or delegation of this Contract, including obligations under it, without the written consent of Owner shall be void.

11. Termination for Convenience. Owner shall have the right to terminate this Contract for convenience at any time. In such an event, Owner shall pay equitable termination charges including payment for portions of Work completed and equipment purchased, profit on completed portions, plus out-of-pocket costs that have been reasonably incurred by Contractor as a result of entering into this Contract.

Owner shall not be liable for special, incidental, or consequential damages, for loss of anticipated future work, anticipated profits, administrative costs or overhead on anticipated work, or other indirect costs.

12. Termination for Cause. Owner shall have the right to terminate this Contract for cause, without liability and without prejudice to any other right or remedy of Owner, upon Contractor's material default such as violation of or failure to comply with applicable laws or regulations, significant delay in the Work schedule that is not attributable to Force Majeure conditions, failure to make prompt payment to workers or suppliers, or any other violation of a material provision of this Contract.

A. In the event that Owner finds Contractor to be in material default or if reasonable grounds for insecurity arise with respect to Contractor's ability to perform the Contract, Owner shall make a written demand to Contractor and its surety for adequate assurance of Contract performance. If adequate assurance in the form of proof that construction schedules can be met or evidence that other defaults are being cured is not forthcoming within seven (7) business days after Contractor's receipt of the notice, Owner shall have the right, without liability, to terminate the Contract for cause.

B. In such a circumstance, Owner shall notify Contractor and its surety in writing stating the reasons, with copies of the notice to jobsite personnel. Upon notice of termination, Contractor and its subcontractors shall promptly stop the Work and allow Owner to take possession of the jobsite including all of the equipment and materials identified to the project whether stored on-site or off-site, after securing the jobsite from safety and environmental hazards.

13. Evaluation of Proposals. Proposal evaluation will be done based on the information provided by the Offeror. It is very important that the Offeror provide all required information as part of their Proposal. Failure to provide necessary information and documentation could result in the Proposal

GENERAL TERMS AND CONDITIONS 00 3100 - 3/5

being rejected.

14. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal submitted.

15. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public Information Act, formerly known as the Open Records Act, applies to this solicitation.

Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

16. INDEMNITY: Vendor shall indemnify and hold harmless the SCUCISD and its Board of Trustees, officers, agents, employees from all suits, actions, losses, damages, claims or liability of any character, type or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUCISD incurs defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

17. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed 1295 Form upon request before any award of contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015. HB 1295 added Section 2252.908 to the Government Code.

Under this law, any business entity that enters into a contract with SCUCISD that requires the approval of the Board of Trustees must submit a…