Request for Proposal for Construction Manager at Risk (CMAR) Services - Northwest HPD and HFD Public Safety Complex and Detention.pdf

REQUEST FOR PROPOSAL

FOR

CONSTRUCTION MANAGER AT RISK SERVICES

Northwest HPD and HFD Public Safety Complex and Detention

WBS No. G-000230

Proposal Submittal Date 10/02/2026 at 12:00 Noon

Memorial City Redevelopment Authority

TABLE OF CONTENTS

Document No. Document Name

1 RFP Process 2 Scope of Services 3 Evaluation Process and Criteria 4 Proposal Form - Part A (Qualifications) 5 Proposal Form - Part B (Fee Proposal) 6 Terms and Conditions 7 Sample Contract Form

1 – RFP PROCESS

1.1 PURPOSE

The Memorial City Redevelopment Authority (Authority) is requesting Proposals for the selection of a Construction Manager at Risk firm (CMAR) for this project.

The Authority anticipates retaining a CMAR to provide the Scope of Services outlined in Document 2 of this RFP. Those firms, or joint ventures, that participate in this RFP process will be referred to as “Proposers”. The Proposers with significant experience in preconstruction and construction services, on projects with similar characteristics, will be given prime consideration for this project.

1.2 PROPOSAL INSTRUCTIONS

The Authority will utilize online bidding services via Civcast at https://www.civcastusa.com/bids. Electronic Proposals are due at 12:00 Noon, local time on Proposal Date: Friday, October 2, 2026. Follow submittal instructions on https://www.civcastusa.com/.

Hard Copies will not be accepted for this Proposal Submission.

The RFP and Addenda may only be obtained electronically on Civcast.

The proposal is due at the date and time set out below. Late submittals will not be accepted.

Date: Friday, October 2, 2026, 10/02/2026 Time: Accepted until 12:00 Noon.

1.3 PRE-PROPOSAL MEETING

A Pre-Proposal meeting will be held at the date, time, and location set out below. Attendance at the meeting is recommended, but not mandatory; however, meeting minutes will not be issued.

Date: Monday, 09/14/2026 Time: 11:00 AM.

Location: PGAL 3131 Briarpark Drive, Suite 200 Houston, TX 77042 https://www.civcastusa.com/bids https://www.civcastusa.com/

1.4 QUESTIONS

Please email questions concerning this RFP to:

http://www.civcastusa.com

All questions must be submitted by 12:00 Noon, Friday, 09/18/2026.

1.5 ADDENDA

All modifications or clarifications of this RFP will be issued in writing as an Addendum.

Addenda will be posted on https://www.civcastusa.com/

Proposers may only rely on information set out in this RFP, as modified by Addenda. By submitting a Proposal, Proposers will be deemed to have received all Addenda.

No Addendum will be issued later than Thursday, 09/24/2026, except Addenda with minor clarifications, withdrawing the RFP, or postponing the Submittal Date.

1.6 ESTIMATED RFP TIMELINE

Pre-Proposal Meeting: 11:00 AM., Monday, 09/14/2026

Questions Deadline: 12:00 Noon, Friday, 09/18/2026

Addenda Deadline: Thursday, 09/24/2026

Submittal Date: 12:00 Noon, Friday, October 2, 2026, 10/02/2026

Board Meeting Date: Tuesday, December 8, 2026

Contract Notice to Proceed: Monday, December 14, 2026 http://www.civcastusa.com/ https://www.civcastusa.com/

2 – SCOPE OF SERVICES

2.1 PROJECT DESCRIPTION

Project Name: Northwest HPD and HFD Public Safety Complex and Detention Location: 10157 Westview Drive, Houston, Texas 77043 Estimated Construction Budget: $120,000,000.

Detailed project description

This project includes the construction of significant underground detention for the purpose of flood mitigation, and the construction of a new public safety complex within 10 acre site in northwest Houston. The site was purchased for the specified project and the existing apartment complex has been demolished, including the removal of all concrete and utilities with the exception of the storm sewer which remains in place. The site is traversed by the Long Point Fault near the southern third of the site footprint.

The underground detention facility will be designed to maximize flood mitigation benefits to the surrounding communities. The target detention volume is between 90 to 100 Acre-Feet. The basin will be designed to minimize maintenance and will include sediment traps and multiple maintenance access locations for manned entry and equipment entry. Stormwater runoff from Gessner Road will be redirected to the proposed basin via the construction of large reinforced concrete boxes and a new junction box to connect the detention to the existing Gessner Road storm sewer trunkline.

The public safety complex will include separate facilities for a new police station, a new 4 or 5 bay fire station, when appropriate, shared administrative, amenity, and public spaces, a new shared Fleet Maintenance Facility including one bay for heavy fire apparatus, a fuel island, helipad, public parking, secured HFD and HPD private parking, and site improvements. The co-located facilities are intended to increase efficiency through shared site development and improve response coordination. The structure of the facilities will be designed in coordination with the underground detention facility to maximize the use of the available site acreage.

2.2 PROPOSED PROJECT SCHEDULE

For planning purposes, the anticipated timeline for the project is:

CMAR Procurement 07/2026 – 12/2026 Pre-Construction Services 12/2026 – 06/2028 Permitting 07/2028 – 12/2028 Construction Phase 01/2029 – 01/2031 Warranty Phase 01/2031 – 01/2032

2.3 LEED CERTIFICATION

The project will seek Leadership in Energy and Environmental Design (LEEDTM) Certification.

2.4 CMAR SERVICES

Construction Manager at Risk (CMAR) has been selected as the delivery method for this project which binds the CMAR to deliver the project within a Guaranteed Maximum Price (GMP). The CMAR shall provide pre-construction services and is contracted in sync with the architect. The CMAR shall function as a consultant to the owner during the pre-construction process, pre-design, schematic design, design development and construction document phases. The CMAR shall prepare the GMP and include a detailed schedule of values, a contingency line item to take care of bid overages, reasonably inferred items, and other project related items that may arise during construction. The CMAR shall ensure the plans and specifications are consistent with the scope of work for the Project and the GMP. The CMAR shall manage and control construction costs to not exceed the GMP; any costs exceeding the GMP that are not change orders are the financial liability of the CMAR.

For this project, the responsibilities of the CMAR shall include but are not limited to the following:

1. Provide consultation during the design phase with emphasis on coordination and constructability reports at each phase of design.

2. With Memorial City Redevelopment Authority, assist in the development of the control budget for the project.

3. Provide construction cost estimates at the appropriate stages of design (Budget Assessment, Program, Schematic, Design Development, 50% Contract Documents, 95% Contract Documents).

4. Provide assurance that the plans and specifications are complete and detailed to the extent required to provide an accurate GMP through constant monitoring and modeling during the design development process.

5. Develop a construction phasing plan and prepare and manage a Master Schedule prepared on Microsoft Project; show critical path and update monthly over baseline.

6. Submit a Guaranteed Maximum Price (GMP) for the project.

7. Assume the risk for the construction phase of the project.

Refer to attached Document 7 - Contract Form for additional information.

3 – EVALUATION PROCESS AND CRITERIA

3.1 EVALUATION CRITERIA

Proposers will be ranked by an Evaluation Committee based on the following criteria and points:

PROPOSAL FORM PART A –Qualifications

Proposal completed in accordance with instructions 5 Points

100 Maximum Points

Proposer’s Experience 20 Points

Proposed Key Personnel’s Experience 25 Points

Pre-Construction Approach 25 Points

Safety 5 Points

Fee Proposal 20 Points

HIRE HOUSTON FIRST

In accordance with City of Houston Code of Ordinances Section 15-176

Respondents designated as a “City Business Enterprise”

5 Points 5 Maximum

Points Respondents designated as a “Local Business Enterprise”

3 Points

Proposer must provide the Declaration of Hire Houston First Designation Form with the proposal submission.

3.2 INTERVIEWS/PRESENTATIONS

A maximum of five Proposers may be shortlisted to participate in an interview/presentation. The Proposer’s designated Key Personnel will be expected to participate in the interview/presentation. Proposers will be notified in writing of the date/time and location of their interview.

Each team will have five minutes prior to the scheduled interview time to set up the presentation (Smart Board available). Next, the team will have 30 minutes to make a presentation. Following each presentation, the Evaluation Committee will conduct a 15-minute question and answer session. Specific questions may be asked about the submitted Proposal.

The presentation shall include the following:

1. Introduction

a. Highlight relevant Proposer’s experience including CMAR delivery method.

b. Highlight relevant Project Key Personnel experience including CMAR delivery method.

c. Demonstrate successful team synergy and dynamics.

2. Project Approach

a. Discuss and present Proposer’s preconstruction approach.

b. Highlight ideas related to this project and include a constructability statement.

4 - PROPOSAL FORM – PART A

Proposals are to have clearly marked tabs that correspond to the sections of the Proposal. Total pages are limited by the Proposal form and additional pages set out in Proposal instructions. Other pages should not be included. The response boxes can be expanded to fit more information; however, the tables must remain the same size. Typically, font size shall be 8 pt. or larger.

4.1 PROPOSER’S GENERAL INFORMATION

Is Proposal being submitted by a Joint Venture?

Yes No

Proposer’s legal name:

Proposer’s assumed names (if any):

Proposer’s local address:

Proposer’s Headquarters Address (if different than local address):

Contact Name for Proposal:

Email address:

Telephone number:

Federal Tax ID Number:

4.2 JOINT VENTURE FIRM(S) INFORMATION. If submitting as a joint venture, the following information is required for each additional joint venture firm. Insert additional tables, if necessary.

Firm’s legal name:

Firm’s assumed names (if any):

Firm’s local address:

Firm’s Headquarters Address (if different than local address):

Federal Tax ID Number:

4.3 PROPOSER’S EXPERIENCE. Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Construction Firm Name:

I. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of submission, the PROPOSER will be awarded zero points.

Renovation

New Construction

Construction Cost: Building Area Square Footage:

Name, Phone Number and Email of Owner’s Representatives:

Project Description:

Architectural Firm:

Names of Proposed Key Personnel Listed in Section 4.4 that Worked on this Project (if any):

Attach up to two pages of photographs behind this sheet.

4.3 PROPOSER’S EXPERIENCE (continued)

Construction Firm Name:

II. Project Name:

Project Location:

Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Names of Proposed Key Personnel

4.3 PROPOSER’S EXPERIENCE (continued)

Construction Firm Name:

III. Project Name:

Project Location:

Construction Delivery Method:

NOTE: If the project is not substantially complete at the time of

Names of Proposed Key Personnel

4.4 PROPOSED KEY PERSONNEL. List the Key Personnel proposed for this project. Include the Preconstruction Project Manager, Constructability/Document Coordination Reviewer, Estimator, Construction Project Manager, and the Project Superintendent

Proposal Project Role

Describe Functions of Project Role Personnel Name Corporate Title

Active Registrations / Certifications / Licenses

Years of Experience

Preconstruction Project Manager

Constructability and Document Coordination Reviewer

Estimator

Construction Project Manager

Project Superintendent

4.5 EXPERIENCE OF PRECONSTRUCTION PROJECT MANAGER. Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Preconstruction Project Manager Name:

I. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.5 EXPERIENCE OF PRECONSTRUCTION PROJECT MANAGER (continued)

II. Project Name:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.5 EXPERIENCE OF PRECONSTRUCTION PROJECT MANAGER (continued)

III. Project Name:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.6 EXPERIENCE OF CONSTRUCTABILITY/DOCUMENT COORDINATION REVIEWER Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Constructability/Document Coordination Reviewer Name:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.6 EXPERIENCE OF CONSTRUCTABILITY/DOCUMENT COORDINATION REVIEWER (continued)

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.6 EXPERIENCE OF CONSTRUCTABILITY/DOCUMENT COORDINATION REVIEWER (continued)

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.7 EXPERIENCE OF ESTIMATOR Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Estimator Name:

I. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.7 EXPERIENCE OF ESTIMATOR (continued)

Estimator Name:

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.7 EXPERIENCE OF ESTIMATOR (continued)

Estimator Name:

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.8 EXPERIENCE OF CONSTRUCTION PROJECT MANAGER Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Construction Project Manager

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.8 EXPERIENCE OF CONSTRUCTION PROJECT MANAGER (continued)

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.8 EXPERIENCE OF CONSTRUCTION PROJECT MANAGER (continued)

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.9 EXPERIENCE OF CONSTRUCTION SUPERINTENDENT Proposers should select three representative projects of similar size, scope, and delivery method. Recent projects completed within ten years or less are preferable. The three projects are not limited to projects of similar occupancy type.

Construction Superintendent Name:

I. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.9 EXPERIENCE OF CONSTRUCTION SUPERINTENDENT (continued)

Construction Superintendent Name:

II. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

New Construction:

Project Role:

Names of Proposed Key Personnel

4.9 EXPERIENCE OF CONSTRUCTION SUPERINTENDENT (continued)

Construction Superintendent Name:

III. Project Name:

Project Location: Construction Delivery Method:

Year Construction Completed (month/year):

NOTE: If the project is not substantially complete at the time of

Project Role:

Names of Proposed Key Personnel

4.10 PRECONSTRUCTION APPROACH. Attach up to five pages describing the following:

a. Describe the Proposer’s concepts for working in a team relationship with the City of Houston, the Memorial City

Redevelopment Authority, Architect, and Engineering Consultants during the Preconstruction Phase Services.

b. Describe the methodology of reviewing construction documents, site conditions and proposed phasing. Discuss methods of documenting and proposing changes to construction documents.

c. Describe the plan for coordination of phasing, security, and operations.

d. Describe the participation of possible subcontractors in the preconstruction phase.

e. Describe the scheduling and estimating efforts during the preconstruction phase.

f. Describe the subcontracting plan. Include the methodology of advertising, negotiating, and awarding contracts for subcontracted work.

4.11 SAFETY: If “No” is indicated below for the Safety Program Manual, the Proposal may not be evaluated.

Does your company have a Safety Program Manual?

□ Yes □ No

4.12 HIRE HOUSTON FIRST: Proposers answer one of the following City of Houston designations, as defined in the Code of

Ordinances Section 15-176.

Designated as a “City Business Enterprise”?

□ Yes □ No Designated as a “Local Business Enterprise”?

□ Yes □ No

4.13 REQUIRED FORMS. All Proposers must include with the PROPOSAL the following forms.

• Ownership Information Form – Document 00455 http://purchasing.houstontx.gov/forms.shtml

• POP1 - Pay or Play Acknowledgement Form http://www.houstontx.gov/obo/popforms.html http://purchasing.houstontx.gov/forms.shtml http://www.houstontx.gov/obo/popforms.html

5 - PROPOSAL FORM – PART B

FEE PROPOSAL

CONSTRUCTION PHASE FEE FOR THE PROJECT SERVICES

(see Section 2.9 of CMAR Contract – Document 7)

REQUIRED FORMS. All Proposers must include a Bid Bond with the Fee Proposal (As referenced in Section 6.14 of the Terms and Conditions)

Company Name

Print Name/Title

Authorized Signature Date

BID BOND

THAT WE, , as Principal, (Proposer) (“Proposer”), and the other subscriber hereto, ________________________________, as Surety, do hereby acknowledge ourselves to be held and firmly bound to the Memorial City Redevelopment Authority (“Authority”), a political subdivision pursuant to the laws of the State of Texas, in the sum of _________________________________________________________ Dollars ($___________) (an amount equal to 10 percent of $__________ the estimated construction cost for the payment of which sum, well and truly to be made to the Authority and its successors, the Proposer and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Proposer has submitted on or about this day a response to the Request for Proposals for Construction manager at Risk services for:

(Project Name, Location and Number) Now, THEREFORE; if the Proposer:

1. Enters into a Construction Manager at Risk Contract with the Authority,

2. The Authority accepts a Guaranteed Maximum Price Proposal submitted by the Proposer in accordance with the Construction Manager at Risk Contract,

3. The Proposer executes a Guaranteed Price in the format set out in Construction manager at Risk Contract,

4. The Proposer executes a Performance Bond, Payment Bond, and Maintenance Bond in the amount and format set out by the Construction Manager at Risk Contract (such bonds to be executed by a Corporate Surety authorized by the State Board of Insurance to conduct insurance business in the State of Texas, and having an underwriting limitation in at least the amount of the bond), and

5. The Proposer submits all other submittal documents required by the Construction Manager at Risk Contract as part of the Guaranteed Maximum Price Proposal within the time set out in the Construction Manager at Risk Contract.

then this obligation shall become null and void; otherwise, it is to remain in full force and effect.

If Proposer is unable to or fails to perform the obligations undertaken herein, the undersigned Proposer and Surety shall be liable to the Authority for the full amount of this obligation which is hereby acknowledged as the amount of damages which will be suffered by the Authority on account of the failure of such Proposer to perform such obligations, the actual amount of such damages being difficult to ascertain.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed in the Contract documents, or at such other address as the receiving Party may hereafter prescribe by written notice to the sending Party.

IN WITNESS THEREOF, the Proposer and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney.

SIGNATURES

ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) (Name of Proposer)

By: By:

Name: Name:

Title: Title:

Date:

ATTEST/SURETY WITNESS:(SEAL)

(Full Name of Surety)

(Address of Surety for Notice)

(Telephone Number of Surety)

By: By:

Name: Name:

Title: Title:

Date: Date

6– TERMS AND CONDITIONS

6.1 NO CONTACT PERIOD AND GRATUITIES

Neither Proposer nor any person acting on Proposer’s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Houston or the Memorial City Redevelopment Authority or their families. All inquiries regarding the solicitation are to be directed to the designated Authority Representative identified in Section 1.4 of this RFP. Upon issuance of the solicitation, through the pre-award phase and up to the award, aside from Proposer’s formal response to the solicitation, communications publicly made during the official pre-submittal meeting, written requests for clarification during the period officially designated for such purpose by the Authority Representative, neither Proposer nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City of Houston or the Memorial City Redevelopment Authority or their families through written or oral means in an attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Proposer. However, nothing in this paragraph shall prevent a Proposer from making public statements to the City Council or the Board of Directors of the Memorial City Redevelopment Authority convened for a regularly scheduled session after the official selection has been made and placed on the City Council or Board of Directors agenda for action, or to a City Council or Board of Directors committee convened to discuss a recommendation regarding the solicitation.

6.2 FALSE INFORMATION

Proposers who provide false or misleading information, whether intentional or not, in any documents presented to the City or the Authority for consideration in the selection process shall be excluded. Any false or misleading information in these documents would, in effect, render the entire document suspect and therefore useless.

6.3 AUTHORITY CONTRACT

The successful Proposer will be required to execute a modified City of Houston Construction Manager at Risk Agreement with the Memorial City Redevelopment Authority. A copy of this document is included in this RFP packet.

6.4 CITY POLICIES & ORDINANCES

Proposers shall comply with the City of Houston Ordinances and policies and procedures relating to contracting with the City. The following is a partial list of applicable subject matters.

1. Equal Employment Opportunity https://purchasing.houstontx.gov/forms/EEOC.doc

2. xx% WBE Participation

ARTICLE V. - MINORITY, WOMEN AND SMALL BUSINESS ENTERPRISES | Code of Ordinances | Houston, TX | Municode Library

3. City of Houston Fair Campaign Ordinance https://purchasing.houstontx.gov/forms/Fair_Campaign_Ordinance.doc

4. Mayor’s Drug Detection and Deterrence Policy and Procedures https://purchasing.houstontx.gov/forms/EEOC.doc https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH15CO_ARTVMIWOSMBUEN https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH15CO_ARTVMIWOSMBUEN https://purchasing.houstontx.gov/forms/Fair_Campaign_Ordinance.doc http://www.houstontx.gov/execorders/1-31.pdf

5. Indebtedness to Taxing Authorities Ordinance

ARTICLE VIII. - CITY CONTRACTS; INDEBTEDNESS TO CITY | Code of Ordinances | Houston, TX | Municode Library

6. Pay or Play (POP) Program City of Houston (houstontx.gov)

6.5 COMPLIANCE WITH CERTAIN STATE LAW REQUIREMENTS.

1. Anti-Boycott of Israel. Proposer certifies that Proposer is not currently engaged in, and agrees for the duration of this Agreement not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

2. Anti-Boycott of Energy Companies. Proposer certifies that Proposer is not currently engaged in, and agrees for the duration of this Agreement not to engage in, the boycott of energy companies as defined by Section 809.001 of the Texas Government Code.

3. Anti-Boycott of Firearm Entities or Firearm Trade Associations. Proposer certifies that Proposer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, or will not discriminate against a firearm entity or firearm trade association for the duration of this Agreement, as defined by Section 2274.001 of the Texas Government Code.

4. Certification of No Business with Foreign Terrorist Organizations. For purposes of Section 2252.152 of the Texas Government Code, Proposer certifies that, at the time of this Agreement neither Proposer nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of Proposer, is a company listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code as a company known to have contracts with or provide supplies to a foreign terrorist organization.

6.6 EXECUTIVE ORDER 1-56 ZERO-TOLERANCE FOR HUMAN TRAFFICKING IN THE

CITY SERVICE CONTRACTS AND PURCHASING

The Authority complies with the City’s zero tolerance for human trafficking, and, per Executive Order 1-56, City funds shall not be used to promote human trafficking.

Authority vendors are expected to comply with this Executive Order and notify the Administrator of any information regarding possible violation by the vendor or its subcontractors providing services or goods to the City. The Executive order is available on the City’s website: Executive Orders (houstontx.gov)

6.7 CONTRACT NEGOTIATIONS

This RFP is not to be construed as a contract or as a commitment of any kind. If this RFP results in a contract offered by the Authority, a specific scope of work, fees, and other contractual matters will be determined during contract negotiations. To ensure that the appropriate staff is assigned to the project the Authority may require the inclusion of a “key personnel’s clause” as part of the contract negotiations.

6.8 COST OF RFP

The Authority will not be responsible for costs incurred by anyone in the submittal of a proposal, or for any costs incurred prior to the execution of a formal contract.

6.9 CONFIDENTIAL INFORMATION

All responses shall be held confidential from other parties by the Authority and City of Houston Tax Increment Reinvestment Zone No. 17 to the extent allowable by law until http://www.houstontx.gov/execorders/1-31.pdf https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH15CO_ARTVIIICICOINCI https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH15CO_ARTVIIICICOINCI https://www.houstontx.gov/obo/POP-Operating-Procedures.pdf https://www.houstontx.gov/policies/executive_orders.html after the selection process is completed. Proposers should be aware that at the completion of the selection process, the contents of their Proposal is subject to the provisions of the Texas Public Information Act and may be made public. Confidential and/or Sensitive information should not be included in the Proposal. The City and the Authority have no obligation to return any materials provided, and they will become the property of the City and the Authority’s official files.

6.10 PROTEST

Any protest shall be submitted to the Administrator.

6.11 The Memorial City Redevelopment Authority reserves the right to:

1. Evaluate the proposals submitted

2. Waive any irregularities

3. Request Proposers submit more detailed information

4. Interview Proposers

5. Accept any submittal or portion of a submittal

6. Reject any or all Proposers submitting proposals

6.12 PRESERVATION OF CONTRACTING INFORMATION

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this bid and the Proposer or vendor agrees that the contract can be terminated if the Proposer or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

6.13 PROSPECTIVE VENDOR RESPONSIBILITY

The Authority will award contracts only to the responsible vendor possessing the ability to perform successfully under the terms and conditions of a proposed procurement. The City's policy is to award contracts only to a prospective vendor whom the City's contracting department has determined to be responsible, considering the following non-exhaustive factors:

1. Record of integrity and business ethics, including timely payments to subcontractors/subconsultants, business judgment, reputation, and reliability.

2. History of compliance with public policy and applicable laws, or the lack thereof.

3. Record of past performance, including but not limited to, poor performance, failure to achieve reasonable progress, or defaulting on existing or previous City of Houston contracts, if any.

4. Capacity to perform the required work or provide the required goods or services, which may include having (or having the ability to obtain) adequate financial and technical resources to perform the contract and any necessary equipment, facilities, organization, experience, efficiency, operational control, or technical skills, as applicable.

5. Financial responsibility, including the ability to provide adequate bonds and insurance, as applicable.

6. History of compliance with prevailing wage and other labor standards requirements.

7. Record of failure to make good faith efforts to meet WSBE goals, if applicable.

8. Qualification and eligibility to receive an award under applicable laws and regulations, including any federal rules or regulations (e.g., 2 CFR Part 200).

9. Ineligibility due to being suspended or debarred by federal, state, city, or county governmental agencies.

6.14 BID BOND REQUIREMENT

Each Proposer is required to submit with their proposals a bid bond equal to 10 percent of the estimated construction budget as set out in Document 2 – Scope of Services of this RFP. This bid guarantee will assure the Authority that the Proposer will enter into the required contract and execute the required bonds and insurance documents and that the Proposer has the financial means to accept and complete the project.

6.15 DELEGATION OF AUTHORITY AND INTERLOCAL AGREEMENT

State Law: State law allows for the use of CMAR method in selecting a general contractor in the construction or alteration of public buildings. (Subchapter F, Chapter 2269 Texas Government Code)

§2269.056 – Requires the City’s governing Body to determine which method other than competitive bidding offers the best value before utilizing such methods. §2269.053 allows the City to delegate authority under this Chapter.

Pursuant to the Interlocal Agreement between the City of Houston and the Memorial City Development Authority, the Authority (1) shall comply with Chapter 2269 of the Texas Government Code, (2) utilize standard procurement methods and an agreement approved by the city in procuring the CMAR, and (3) shall ensure that all work performed with respect to the project shall comply with City codes, standards, procurement policies, and applicable regulations.

7. SAMPLE CONTRACT FORM

INSERT HERE

CONSTRUCTION MANAGER-AT-RISK AGREEMENT

FOR THE

WBS No.: _________________

1. PARTIES

THIS CONSTRUCTION MANAGER-AT-RISK AGREEMENT ("Agreement") is made on the Countersignature Date between the MEMORIAL CITY REDEVELOPMENT AUTHORITY ("Authority"), a political subdivision pursuant to the laws of the State of Texas, and ________________ ("Construction Manager"), a CORPORATION authorized to do business in the State of Texas, (also referred to as “Party” individually or “Parties” collectively).

1.1. Address

1.1.1. The initial addresses of the Parties, which one Party may change by giving written notice of its changed address to the other Party, are as follows:

Authority Construction Manager

Memorial City Redevelopment Authority c/o Hawes Hill & Associates LLC P.O. Box 22167 Houston, Texas 77227-2167

The Parties agree as follows:

1.2. Table Of Contents

1.1.2. This Agreement consists of the following sections:

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Table of Contents

1. PARTIES

1.1. Address

1.2. Table Of Contents

1.3. Parts Incorporated

1.4. Controlling Parts

1.5. Signatures

2. DEFINITIONS

3. DUTIES OF CONSTRUCTION MANAGER

3.1. Generally

3.2. Construction Manager’s Personnel And Subcontractors

3.3. Basic Preconstruction Phase Services

3.4. Additional Preconstruction Phase Services

3.5. Construction Phase Services

3.6. Liquidated Damages

3.7. Minority and Women Business Enterprise Compliance

3.8. Bonds And Insurance

4. DUTIES OF CITY

4.1. Generally

4.2. Preconstruction Phase Payment Terms

4.3. Construction Phase Services Payment Terms

4.4. Limit Of Appropriation

5. TERM AND TERMINATION

5.1. Contract Term

5.2. Termination

6. MISCELLANEOUS

6.1. Subcontractors

6.2. Captions

6.3. Non-Waiver

6.4. Independent Contractor

6.5. Contractor Debt

EXHIBIT A: 00700 – GENERAL CONDITIONS

EXHIBIT B: KEY PERSONNEL AND BILLABLE RATES

EXHIBIT C: GUARANTEED MAXIMUM PRICE

EXHIBIT D: CITY'S WAGE RATES

EXHIBIT E: MASTER PROJECT SCHEDULE

1.3. Parts Incorporated

1.1.3. The above-described sections and exhibits are incorporated into this Agreement.

1.1.4.

1.4. Controlling Parts

1.1.5. If a conflict between the sections and exhibits arises, the sections control over the exhibits.

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1.5. Signatures

1.1.6. The Parties have executed this Agreement in multiple copies, each of which is an original. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. The Parties hereby agree that each Party may sign and deliver this Agreement electronically or by electronic means and that an electronic transmittal of a signature, including but not limited to, a scanned signature page, will be as good, binding, and effective as an original signature.

Construction Manager

By: ________________________

Name:________________________

Title: ________________________

MEMORIAL CITY REDEVELOPMENT

AUTHORITY

By: ____________________________ Name: _________________________ Title: Chair, Board of Directors Tax ID No.: _____________________

ATTEST/SEAL:

By: ____________________________ Name: _________________________ Title: Secretary, Board of Directors

2. DEFINITIONS

As used in this Agreement, the following terms have the meanings set out below. Terms not defined in this Article shall have the meaning given to them in the attached Document 00700- General Conditions (Exhibit A).

2.1. “Additional Preconstruction Phase Services” means those services described in section 3.4.

2.2. “Agreement or Contract” means this contract between the Parties, including all exhibits, any written amendments authorized by the Authority and Construction Manager, GMP(s), Modifications, Drawings, Specifications, and all documents listed in the Agreement or Modifications as being incorporated into the Agreement.

2.3. “Authority” is defined in the preamble of this Agreement and includes its successors and assigns.

2.4. “Basic Preconstruction Phase Services” means those services described in Section 3.3.

2.5. “City” means the City of Houston, Texas, a municipal corporation and home-rule city of the State of Texas principally situated in Harris County.

2.6. “Construction Manager” is defined in the preamble of this Agreement and includes its successors and assigns.

2.7. “Construction Manager’s Contingency” means the dollar amount set out in the Guaranteed Maximum Price Proposal that includes (but is not limited to) costs that Construction Manager incurs as a result of: (1) its Subcontractors’ failure to perform or insolvency; (2) fines or penalties imposed by any governmental body for its negligent acts; (3) it or its Subcontractors’ failure to coordinate their work with that of the Authority or its contractors after agreeing to a schedule; and (4) it or its Subcontractors’ acts of negligence for costs related to defective, rejected, or nonconforming Work, materials, or equipment. The Construction Manager’s Contingency shall not exceed 3% of the estimated Cost of the Work at the time of acceptance of the Guaranteed Maximum Price.

2.8. “Construction Phase” means the phase of the Project during which the Construction Manager implements and executes the construction work required by the Contract.

2.9. “Construction Phase Fee” means the fee for Construction Manager’s profit and general overhead, calculated as ________% of estimated Cost of the Work determined by the Authority at the time of acceptance of the Guaranteed Maximum Price.

2.10. “Cost of the Work” means reasonable costs that the Construction Manager necessarily incurs to perform the Work in strict compliance with the Contract, as described in Section 4.3.2.

2.11. “Day” means a calendar day.

2.12. “Design Consultant” means any licensed professionals or firms engaged by the Authority as an independent consultant(s) for the Project.

2.13. “Effective Date” means the date the Authority countersigns the Signature Page (Section 1.5) of this Agreement.

2.14. “General Conditions” Work means Construction Manager’s management and administrative personnel directly engaged in the performance of the work, insurance, bonds, equipment, utilities, temporary facilities, permit and inspections fees, testing fees pursuant to the terms and conditions of the City of Houston’s Document 00700-General Conditions (Exhibit A) and the Contract and incidental work, including field labor and materials.

2.15. “Parties” means Construction Manager and Authority. “Party,” in singular form, refers to Construction Manager or Authority, as appropriate.

2.16. “Phase” means either the Project’s Preconstruction Phase or the Project’s Construction Phase, as those terms are defined in this Article.

2.17. “Preconstruction Phase” means the phase of the Project during which the Construction Manager performs the services described in Section 3.3.

2.18. “Project” is described in the title of this Agreement.

2.19. “Project Team” means the Authority, Construction Manager, Design Consultant(s), and separate contractors employed by the Authority, and other consultants employed for the purpose of programming, design, and construction of the Project. The composition of the Project Team may vary at different phases of the Project. The Authority will designate the Project Team and may modify it from time to time.

2.20. “Administrator” is Don Huml (or his successor).

3. DUTIES OF CONSTRUCTION MANAGER

3.1. Generally

3.1.1. Construction Manager shall perform the Work, as defined in Document 00700- General Conditions (Exhibit A)

3.1.2. The Authority is entering into this Agreement in reliance on Construction Manager’s special abilities in construction management and in performing its obligations under this Agreement. Construction Manager accepts the relationship of trust and confidence established between it and the Authority by this Agreement. Construction Manager shall use its best efforts, skill, judgment, and abilities to perform the services hereunder and to further the interests of Authority in accordance with the Authority and the City’s requirements and procedures. Construction Manager represents that it has no obligations or impediments of any kind that will limit or prevent performance of the services required under this Agreement.

3.1.3. Construction Manager shall use best efforts to coordinate with other contractors on or around the Project site.

3.1.4. No governmental authorization, approval, order, license, permit, franchise or consent, and no registration, declaration or filing with any governmental authority is required on the part of Construction Manager in connection with the execution, delivery and performance of the Agreement, except those that have already been obtained or which Construction Manager anticipates will be timely obtained in the ordinary course of performance of the Agreement.

3.1.5. Construction Manager has no actual knowledge of any strikes, lockouts or other labor disputes pending, or threatened or scheduled to occur, with respect to any of the factories, offices or other facilities of any of Construction Manager’s suppliers, sub-vendors, or proposed subcontractors.

3.1.6. Construction Manager shall perform Preconstruction Phase services and Construction Phase services for the Project if authorized by the Administrator.

3.2. Construction Manager’s Personnel And Subcontractors

3.2.1. Construction Manager, its employees, and its subcontractors are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction.

3.2.2. Construction Manager’s personnel to be employed in the Project are identified in Exhibit B to the extent known at the time of signing this Agreement.

Construction Manager shall not change the personnel identified in Exhibit B except with the Administrator’s prior written consent, which shall not be unreasonably withheld. If any of Construction Manager’s key personnel is not identified in Exhibit B, Construction Manager shall identify in writing such persons to the Administrator. If Administrator does not approve of an individual, Construction Manager shall propose an alternate individual reasonably acceptable to Administrator.

3.2.3. Construction Manager shall not award subcontracts or other agreements based on cost plus a fee without the prior consent of Administrator.

3.2.4. Construction Manager shall require its subcontractors who have not competitively bid to disclose to the Authority their markups (both overhead and profit), estimates, and costs calculated in their proposal or incurred or expected in sub-subcontracts and the Work performed, including all Change Order Work.

3.3. Basic Preconstruction Phase Services

Construction Manager shall perform and complete the following Basic Preconstruction Phase Services:

3.3.1. Budget and Cost Consultation

3.3.1.1. Provide, throughout the duration of the Preconstruction Phase, updates of ongoing cost and budget impacts as well as cost consultation services.

3.3.1.2. Prepare and be responsible for all construction cost estimates.

3.3.1.3. Advise the other members of the Project Team immediately if at any time the Construction Manager has knowledge or belief that the previously established cost or schedule goals will not be met and make recommendations to the Project Team for corrective action.

3.3.1.4. Provide cost estimate at the completion of each of the following design submittal milestones: (1) schematic design, (2) design development, (3) 50% construction documents, and (4) 95% construction documents. Review shall be completed in a period of two weeks of the date such submittals are provided to construction manager. The estimate shall include quantity take-offs assembly and installation costs to include all materials, labor, and physical plant. In addition, the estimate shall include the costs breakdowns for optional or recommended changes to the scope set out in the drawings or specifications for review and consideration by the design consultant and Administrator.

3.3.2. Review of Design and Construction Drawings and Specifications

3.3.2.1. Review all drawings and specifications for constructability and coordination of documents at the completion of each of the following design submittal milestones: (1) Schematic Design, (2) Design Development, (3) 50% Construction Documents, and (4) 95% Construction Documents. Review shall be completed in a period of two weeks of the date such submittals are provided to Construction Manager.

3.3.2.2. Advise Project Team of inconsistencies, defects, or omissions in the drawings and specifications, and recommend alternative solutions. Submit a written constructability report for Administrator’s approval.

3.3.2.3. Submit a report recommending reasonable adjustments in the scope of the Project, including but not limited to: construction feasibility; quality; availability of materials and labor; cost factors, including costs of alternative materials or designs, costs of operation and maintenance, preliminary budgets, and possible cost savings; and any other matters necessary to accomplish the Project in accordance with the Master Project Schedule (Exhibit E) and Project construction budget established by Administrator.

3.3.3. Existing Site Conditions

3.3.3.1. The Authority has given the Construction Manager unrestricted access to the existing improvements and conditions on the Project site and has given the Construction Manager the opportunity to visually investigate the existing conditions. Construction Manager will perform a thorough visual, non-destructive, and concise review of the site to become familiar with the existing conditions of the facility building systems and components. Construction Manager may recommend destructive demolition or building utility interruptions to accurately determine the scope of the work as Additional Preconstruction Phase Services. Construction Manager shall perform the review prior to submitting any Guaranteed Maximum Price Proposal.

3.3.3.2. Construction Manager’s submission of a Guaranteed Maximum Price Proposal shall be a representation that it has completed a review of existing site conditions and considered them in establishing the Guaranteed Maximum Price (“GMP”).

Construction Manager shall not be entitled to a claim for an adjustment in time or price under the Document 00700-General Conditions (Exhibit A) for conditions that it discovered or ought to have reasonably discovered using best practices during its visual and non-destructive review, but any costs incurred shall be a legitimate use of the Construction Manager’s Contingency.

3.3.4. Construction Planning and Bidding

3.3.4.1. Schedule, conduct, and record the minutes of pre-bid conferences with interested bidders, subcontractors, material suppliers, and equipment suppliers, as required.

3.3.4.2. Coordinate and develop with Design Consultant the bid package and work scope description that represents the entirety of the Project.

3.3.4.3. In accordance with Texas Government Code Section 2269.255(a), as amended from time to time, publicly advertise and solicit either competitive bids or competitive sealed proposals from potential Subcontractors for the performance of all major elements of the Work. Construction Manager may seek to perform portions of the Work itself if Construction Manager submits its bid or proposal for those portions of the Work in the same manner as all other subcontractors and if Administrator determines, in his sole discretion, that Construction Manager’s bid or proposal provides the best value for Authority. Administrator’s determination in such matters is final. If Construction Manager intends to submit a bid or proposal for such Work, it shall notify Administrator in writing prior to soliciting such bids or proposals. Construction Manager shall receive and open all Subcontractor bids or proposals.

Construction Manager and Administrator shall review all Subcontractors’ bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process to individuals other than those employed by the Construction Manager, Authority, or Design Consultant. All bids and proposals shall be made available to the public after the award of the subcontract or not later than the seventh day after the date of final selection of bids or proposals, whichever is later.