RFQ - NEW LIBRARY CONSTRUCTION MANAGER-AT-RISK SERVICES

4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGER-AT-RISK (CMAR) SERVICES for NEW PUBLIC LIBRARY BUILDING AND ASSOCIATED SITE WORK DATE OF ISSUE: October 03, 2022 NON-MANDATORY PRE-PROPOSAL MEETING October 20, 2022 DEADLINE FOR CLARIFICATIONS/QUESTIONS: October 26, 2022 SUBMITTAL DATE: November 15, 2022 INTERVIEWS (if necessary) Dec 5-Dec 9, 2022 CITY COUNCIL AUTHORIZES STAFF December 13, 2022* TO NEGOTIATE CONTRACT *Date subject to change in consideration of interview necessity and changes in council meeting dates in the month of November & December 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office FOR PROPOSAL CONSTRUCTION MANAGER AT RISK SERVICES FOR NEW PUBLIC LIBRARY BUILDING AND ASSOCIATED SITE WORK On Monday, October 3rd, 2022, the City of Bee Cave will post RFQs for Construction Manager at Risk services for a Public Library and associated site work for the City of Bee Cave, Texas. Proposals will be

accepted until 2:00 P.M. November 15th, 2022, at which time they will be publicly opened and read following the deadline, at the City of Bee Cave located at 4000 Galleria Parkway, Bee Cave, TX, 78738 A Non-Mandatory Pre-Submittal Meeting will be held at 2:00 PM, October 20th, 2022, at 4000 Galleria Parkway, Bee Cave, TX, 78738 Please submit one (1) unbound original proposal and seven (5) bound copies of the proposal, and (1) USB drive containing a PDF copy of the proposal. The package should be clearly marked: “RFP – Construction Manager at Risk Services for a New City of Bee Cave Public Library”. If mailed, mail to: Attention: Kaylynn Holloway, City Secretary City of Bee Cave 4000 Galleria Parkway Bee Cave, Texas 78738 If mailing, please allow for time for delivery. Late submissions will not be considered. Proposals must be submitted with the respondent’s name and address clearly indicated on the front of the envelope. RESPONDENTS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE DOCUMENT PRIOR TO SUBMITTING A RESPONSE. THE DOCUMENT WILL BE AVAILABLE ON THE CITY’S WEBSITE AT: https://www.beecavetexas.gov/businesses/current-bids-rfps or by contacting the individual listed below. Questions regarding the RFP may be directed in writing only to: Chelsea Maldonado, CBRE Project Manager Chelsea.Maldonado@CBRE.com The City of Bee Cave appreciates your time and efforts in preparing a proposal. Please note that all submissions must be received at the designated location by the deadline shown above. Proposals received after the deadline will not be considered for the award of the agreement and will be rejected. https://www.beecavetexas.gov/businesses/current-bids-rfps mailto:Chelsea 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office CITY OF BEE CAVE CONSTRUCTION MANAGER AT RISK SERVICES FOR A NEW PUBLIC LIBRARY BUILDING WITH ASSOCIATED SITE WORK I. Introduction and Project Description The City of Bee Cave (“City”) is accepting proposals from qualified construction firms to provide Construction Manager at Risk Services, necessary for the construction of the City of Bee Cave’s New Public Library (the “Project”), in accordance with the terms, conditions and requirements set forth in this Request for Proposal (“RFP”) and an agreement to be entered into between the City and the Construction Manager at Risk (“CMAR”). This RFP provides interested firms with the information necessary to prepare and submit their qualifications, general conditions pricing, and fee for consideration. The CMAR shall assume the risk for construction of the Project, at the contracted price as a general contractor, and provide consultation to the City regarding construction during and after the design of the Project, in accordance with any and all applicable requirements of the Project and all applicable laws. Proposals are to be submitted in accordance with this RFP and the accompanying instructions. The successful CMAR will be required to enter into an agreement with City where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price. The agreement will also contain in more detail all relevant terms set forth in the RFP. It is the intention of the City of Bee Cave to select a CMAR using a one-step selection process. Project Description As of March 2021, the City’s population is estimated at 14,265; 8,879 within City limits and 5,386 within the ETJ. The City’s population growth projects a population of approximately 15,000 people within the City limits by 2038. A new public library will be required to handle the department's current needs and growth well into the future. It is also notable that the Bee Cave public library serves communities beyond the city and ETJ, such as Lakeway, Spicewood, Steiner Ranch, Oak Hill, and others. The City of Bee Cave has tentatively selected a tract in the local development here forth referred to as “The Backyard”, for the site of the new public library building. This location is subject to change as programming is developed. As design and construction is underway, the current library staff will remain in the existing public library within Bee Cave City Hall. The City of Bee Cave (hereinafter referred to as “City”), Texas, is accepting responses to the Request for Qualifications (RFQ) from firms or teams (Consultant) to construct the City’s new Public Library Building. The City proposes to retain a highly qualified and capable firm to act as the CMAR during the design and construction of the project and will give prime consideration to the CMAR with extensive experience in the development, design, and construction observation of library specific buildings similar in size and scope to this project. The City reserves the right to negotiate with the selected firm and is not obligated to enter into any contract with any Respondent on any terms or conditions. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office Current Facility: The current facility housing the Public Library was built in 2007 as a combination of City Hall, Municipal Court, and Public Library building. It is located at 4000 Galleria Parkway, Bee Cave, TX 78738. The current facility houses 12 library staff. Bee Cave Public Library is an accredited Family Place Library (since 2017) and supports over 300 community programs. In 2019 it was estimated that over 100,000 people visited the library, with almost 12,000 attending community programs. Scope of Work: The public library is expected to be an approximately 24,000 SF three-story building that will include offices for administrative use, shared desk station(s) for circulation staff, separate work area for technical services, programming work area (craft prep), checkout desks on both floors, reference desks on both floors, floor and shelf space for 45k+ volumes, laptop docking work stations, family restrooms on all floors, public-access meeting rooms, large public conference room, outdoor and indoor book return, family play area/reading room, separate teen program area, large storage area for programming supplies and excess volumes, quiet reading room, individual study rooms, usable outdoor spaces for reading, working, or programming. A unique play feature for children, including a play area with “Thinkery” elements. Sound studio, and stage integrated into the space. As well as all elements necessary. The scope of work will be determined based on the final Drawings and Specifications prepared by Architect. The work may consist of, but is not necessarily limited to, the following: Site clearing, excavation, fill, select fill and backfill, site utilities, concrete sidewalks, curbs and gutters, asphalt and concrete paving, rough and finish grading topsoil and seeding, concrete slab on grade and structural slab; stone, terra cotta, or masonry exterior veneer, structural steel or cast in place concrete frame (superstructure), metal deck, miscellaneous metals and metal fabrications; rough and finish carpentry, millwork and casework; damp proofing and waterproofing, caulking and sealants, thermal insulation, flashing and sheet metal, metal soffit panels, modified bitumen and standing seam metal roofing, solid core wood doors and frames, metal doors and frames, aluminum doors, windows and frames, prefinished aluminum door frames, glass and glazing, architectural hardware, acoustical ceilings, resilient/vinyl flooring and base, carpeting, metal studs and support systems, gypsum drywall, painting and special coatings, interior and exterior signage; metal louvers and miscellaneous specialties; fire protection; lighting protection; security features and systems; ADA compliant features; and mechanical, plumbing and electrical systems and other systems and construction to be specified in the architectural engineering construction documents. The CMAR will be responsible for the printing of Construction Documents as required for bidding and construction. The CMAR must publicly advertise, as prescribed for a governmental entity under Section 271.025 of the Texas Local Government Code and/or other applicable law and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work, other than minor work that may be included in the general conditions and review those bids with the City staff. If the CMAR wants to perform portions of the work itself, it must submit its bid or proposal in the same manner as all other trade contractors or subcontractors and City will determine which entity provides the best value to the City. The work does not include inspection services, the testing of construction material and the verification testing services necessary for City’s acceptance of the Project, which will be performed under a separate contract with an independent provider, as required by law. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office II. Project Schedule The selected CMAR will be expected to provide assistance to the City and the Architect during the architectural design phase, with the selection of the most cost effective building systems, constructability reviews, detailed cost estimating, value engineering recommendations, and scheduling services during the Preconstruction Phase to enable City to build the Project as described and depicted in the Drawings and Specifications, for an amount not to exceed City’s Construction and Project Budgets, and to build the Project thereafter, as a CMAR for a Guaranteed Maximum Price that is less than or equal to City’s Construction Budget. The tentative Architectural/Engineering Design and Construction Documents Services Schedule for the Project (“Schedule”), starting with Schematic Design and ending with the release of Bid Documents is eight (8) months. This schedule is subject to change. The current estimate of the construction time for substantial completion of the Project is no more than eighteen (18) months after the notice to proceed with construction. This Schedule may be adjusted as a result of negotiations on proposals or preconstruction services by the CMAR. III. Scope of Services The following describes the anticipated services expected during design and construction: • Manage the Guaranteed Maximum Price (GPM) Documentation; • Participate in the design process; • Provide pre-construction services including constructability reviews, detailed cost estimating and value management services throughout the design process to help manage the budget; • Establish a realistic construction budget by preparing detailed construction cost estimates at each of the design phases of the project; • Prepare sub-contractor bid or proposal packages; • Conduct pre-bid meetings; • Receive bids and provide open book review process with City and Architect; • Prepare a Guaranteed Maximum Price for the City’s review and approval; • Conduct award of contracts/purchase orders; • Provide coordination and management of sub-contractors; • Summarize monthly reports; • Provide change order and contingency funds control; • Establish a quality management program; • Provide for job safety functions; • Provide accounting functions; • Provide jobsite security functions; • Provide post construction services; • Provide value engineering services and management of construction schedule; • Attend Owner/Architect/Contractor meetings at the jobsite as required by the Owner; and • Attend pre-construction meeting(s) with City personnel and the Architect. In addition to general building construction, the Project elements shall include, but are not limited to the following: • Earthwork; 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office • Temporary facilities; • Walkways, parking and drives; • Landscaping; • Irrigation system; • Utility extensions onsite; • Drainage systems onsite and offsite; • Electrical, mechanical, plumbing and structural elements of the building; • Communications systems; • Specialty work area systems; and • Security, Audio/Visual Communication and IT Systems o This to include the installation of the pathway (i.e. conduits, cable trays, J-boxes, etc) o The construction contract may also include, cabling, equipment racks, and terminations for these systems and the specific equipment for these systems (i.e. video monitors, interactive boards, projectors, amplifiers, etc.). Services are expected to commence upon final execution of written agreement between the CMAR and the City, which will occur within thirty (30) days from the selection of a successful construction firm. The Project time frame will be coordinated with the selected firm and the City’s Architect. IV. Total Estimated Budgets & Scope The Construction Cost Limitation (CCL) inclusive of demolition, site work, and the construction of the new 3-story public library is estimated to be approximately $12,075,000. The Total Project Cost (TPC) including the CCL, furniture, fixtures and equipment (FF&E), related soft costs, design fees, regulatory and permitting fees, geotech investigation, site survey, consulting, environmental studies, materials testing and project contingencies is estimated to be approximately $17,250,000. This estimated budget may be adjusted as a result of negotiations on proposals or preconstruction services by the CMAR. V. Bond Requirements and Liquidated Damages A. Bid bond: Each Proposal submitted shall be accompanied by a cashier’s check in the amount of five percent (5%) of the estimated construction costs, payable without recourse to the City of Bee Cave, or a Bid Bond in the same amount from a reliable surety company as a guarantee that, if awarded the contract, the Proposer will execute a Construction Agreement with the City, as discussed in Section I, including all required bonds and other documents. The City of Bee Cave may alternatively accept a letter from a surety company, verifying the contractor’s ability and agreement to provide payment and performance bonds for the construction phase of the Project. B. Payment and Performance Bonds: Payment and Performance Bonds for the performance of the Work, and for payment of those who provide labor or materials, will be required within ten (10) days after CMAR executes the contract. Each bond shall be in an amount equal to 100% of the Estimated Total Project Cost as described in Section V. If and when the City and CMAR agree on a Guaranteed Maximum Price, the CMAR may obtain substitute Payment and Performance Bonds, each in the amount of 100% of the Guaranteed Maximum Price, within five (5) days after the Amendment to the Contract is signed that establishes the Guaranteed Maximum Price. C. Maintenance/Warranty Bond: The successful firm shall furnish a Maintenance/Warranty Bond in the amount of 100% of the contract sum covering defect of material and workmanship for two (2) calendar years following the City’s approval and acceptance of the construction. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office D. An approved surety company, licensed in the state of Texas, shall issue all bonds in accordance with Texas law and as required under applicable City ordinance. E. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME: Respondent hereby acknowledges that the award of the contract includes the requirement to timely commence the work on the Project in accordance with the Contract Documents. Respondent hereby further agrees to pay to City as liquidated damages the applicable sum quoted below, for each calendar day in excess of the time set forth for completion of the Project, all as more fully set forth in the general conditions of the Contract Documents. The time of completion is of the essence for the Project. For each day that any work shall remain uncompleted after the time specified in the Contract Documents, or the increased time granted by the City, or as equitably increased by additional work or materials ordered after the Contract Documents are executed, the sum of $1000.00 per CALENDAR DAY shall be deducted from the monies due from the City: The sum of money thus deducted for such delay, failure or non-completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that the default shall continue after the time stipulated in the Contract Documents for completing the work (Substantial Completion). The said amounts are fixed and agreed upon because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages that the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain and which shall be retained from the monies due, or that may become due, under the Contract Documents; and if said monies be insufficient to cover the amount owing, then the surety shall pay any additional amounts due. Notwithstanding the foregoing, in the event that the actual damages incurred by the City exceed the amount of liquidated damages, the City shall be entitled to recover its actual damages. VI. Insurance All respondents must submit, with the RFP, proof of insurance coverage as stipulated in Exhibit A Proof shall be by submission of copies of current policies or current Certificates of Insurance, including the effective dates of coverage. Any provisions outlined in Exhibit A will be required of the successful firm only. VII. Anti-Collusion In submitting an offer, Respondent certifies that they have not participated in, nor have they been party to any collusion, price fixing or any other illegal or unethical agreements with any company, firm or person concerning the pricing offered. VIII. No Prohibited Interest Respondent acknowledges awareness of the laws, City Charter, and City Ethics Ordinance regarding conflicts of interest and required disclosures. No officer, employee or agent of the City of Bee Cave shall participate in the negotiation, selection, discussion, award or administration of a contract or procurement supported by public funds if: 1) that individual has a substantial interest in a person or entity, as defined by the City’s Code of Ordinances and/or Chapter 171 of the Texas Local Government Code, that is the subject of the contract or procurement; or 2) a conflict of interest, either real or apparent, would be 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office involved, as defined therein. IX. Non-Resident Bidders/No Israel Boycott Texas Government Code, Chapter 2252, Texas law prohibits city and governmental units from awarding contracts to a non-resident bidder/proposer unless the amount of such bid is lower than the lowest bid by a Texas resident by the amount a Texas resident would be required to underbid the non-resident bidder/proposer on a bid/proposal for goods and services in the non-resident bidder’s state. Texas Government Code, Chapter 2270 prohibits a governmental entity from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. X. Submittals Submit one (1) unbound original (to facilitate reproduction as necessary), seven (7) spiral bound or semi- permanent binding method hard copy response to the RFP, and (1) USB drive containing a PDF copy of the proposal. You may include other documentation or information beyond what is requested, but the use of this information during the evaluation is at the sole discretion of the City. For your RFP to be considered responsive, the following information must be submitted in the order outlined below: A. Outside cover should be titled “Proposal to Provide Construction Manager at Risk Services for the City of Bee Cave’s New Public Library Building”. B. Table of Contents. C. Transmittal Letter: Include a short transmittal letter. The transmittal letter shall: 1. Summarize why the Respondent believes itself to be the most highly qualified firm for this Project. 2. Include a statement granting the City and its representatives’ authorization to contact any previous client of the Respondent (or a Respondent’s Team Member) for the purposes of ascertaining an independent evaluation of the Respondent’s or a Respondent’s Team member’s performance. 3. At least one copy of the transmittal letter must have the original signature of an officer of the principal responding firm. D. Firm Description 1. The Public Library is a high-quality project with a unique design and very high-quality finishes inside and out. The City is interested in selecting a CMAR with experience in this type of high quality of construction. Please convince us in your firm description that your firm has the experience and understanding of similar high-quality projects to complete such a project for the City of Bee Cave. 2. Include a complete narrative description of the Respondent’s firm (or firms if the Respondent is comprised of a team of firms). Information should include: a. The Respondent’s area of construction management specialization; b. Firm history; c. Location of home and branch offices; d. Names of the principal officers of the firm; and e. Proof of financial stability. 3. Include a simple organization chart showing how the Respondent, if selected as the CMAR, would 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office organize its personnel for the Project. E. Key Professionals 1. Identify the key professionals of your team that would be involved in the Project and describe their area of expertise and what role they will perform on the construction management team. 2. The Public Library is a high quality/high finish building type requiring the expertise of individuals having constructed similar quality projects in the past. Please delineate the experience your firm’s proposed team members have with relevant high quality/high finish projects. 3. Provide resumes of any person identified as a key professional. The resumes should contain the following: a. Name; b. Educational background; c. Professional qualifications; d. Employment history; e. A list of relevant projects in which the person has been involved and a name/phone number of a representative of any project cited that can be contacted for a reference; and f. Other information you believe to be relevant. 4. A statement by the respondent that the personnel listed in this proposal will not change without the written consent of the City of Bee Cave. 5. Provide a preliminary subcontractor list. F. Philosophy and Approach Provide a narrative outlining the following: 1. The firm’s design philosophy and approach to construction in general. 2. Clear understanding of the functional and operational aspect of municipal government and its role in society. 3. Use of processes that creatively engage City staff and other stakeholders in all stages of design. 4. Commitment to developing an energy efficient and healthy building. 5. Safety record stated in terms of the firm’s EMR and a narrative describing the firm’s Safety Program. 6. Indicate what project management and scheduling software that the firm currently utilizes. G. Relevant Project Experience Outline the Respondent’s relevant experience for the following: 1. Prior Construction Manager at Risk experience with project(s) of similar scale and complexity. 2. Prior experience with public sector clients for projects of similar scale and complexity. 3. History of effective schedule and budget management for projects of similar scale and complexity. 4. List of active projects and phase of each project. 5. List no more than six (6) relevant projects. A relevant project is one which best exemplifies your qualifications for this Project, and should include the following: a. Project description; b. Type of building(s); c. Project location; d. Total project cost including the original GMP and total final cost including change orders; e. Project delivery method; 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office f. Services your firm provided; g. Proposed team members for this project that were actually involved in the project and their specific role on the project; h. A statement regarding whether the project was completed on time and within the original GMP provided to the Client (include the reasons why if it was not on time or within the GMP); and i. Illustrative photographs or renderings of the project. j. For a minimum of 4 of these projects – provide owner, architect, or best character references. Including name and contact information. 6. Firm’s overall bonding capacity. 7. Percentage of bonding capacity currently under contract vs. remaining availability for this project. H. Proposal Form and Allowable General Conditions Worksheet ESTABLISHMENT OF GUARANTEED MAXIMUM PRICE: The design team will issue the GMP Pricing Documents at approximately the 50%-75% completion stage of the Construction Documents; The GMP Pricing Documents will generally include a base bid scope of work and add alternates, which the Design Team will agree upon with the City and CMAR to assist in managing the project cost. Upon receipt of the CMAR’s GMP Pricing, the Design Team will work with the City and CMAR to make final adjustments to the Project scope and construction documents to reconcile the Project scope and GMP pricing. Once the scope and GMP pricing are reconciled, the Design Team will complete the 100% Construction Document and issue them to the CMAR for final buyout pricing. I. References Please provide at least five (5) verifiable references for which your firm has performed same or similar projects. Please verify that the contacts listed as references are still at the firm and that the contact information provided is accurate before submitting them. We suggest you contact them prior to submitting their information to ensure an objective reference will be preferred on your behalf. J. Additional Information a. Additional information the firm believes will help aid in selection; b. Proof of insurance coverage as indicated in Section VII; c. Bid bond; and d. Certification Form. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office XI. Evaluation Criteria A review committee or a duly authorized designee will evaluate submissions received in accordance with the general criteria defined herein. Failure of Respondents to provide in their submission any information requested in this RFP may result in disqualification of the firm’s submission. The objective is to select the CMAR that is the best value (qualifications and price) to service the City’s needs. The decision made by the City will be final. The City reserves the right to reject all proposals. The CMAR selection will be made based on the following evaluation criteria: A. Firm Description including experience and understanding of CMAR (10%); B. Key Professionals and qualification of individuals assigned to the Project (10%); C. Approach with regard to the firm’s overall ability to meet the City’s objectives (includes customer service, dealing with conflict, resolving issues, value engineering, and cost containment) (20%); D. Relevant project experience with same or similar facility construction and firm capacity (10%); E. Relevant references in responsible charge possessing direct knowledge (15%); and F. Cost Proposal (35%) 1. Proposed fee for pre-construction services, 2. Proposed fee for construction services, 3. Cost and extent of general conditions, 4. Any and all other costs. XII. Interviews and Presentations In fairness to all firms, requests for interviews prior to the closing time and date will not be permitted. The City will use an evaluation panel or duly authorized designee to evaluate the submittals. The review of the submitted materials will be one part of the selection process utilized by the City, together with the interview if the City so chooses to conduct interviews. Direct selection may be made strictly from the information provided in the RFP. However, the City reserves the right to conduct interviews with and request presentations from any, or none, of the Respondents. XIII. Selection and Award If the City is unable to reach an agreement with the first ranked Respondent, the City shall terminate further discussions with the first-ranked Respondent, and commence negotiations with the next-ranked Respondent, in the order of the selection ranking until an agreement is reached, or all Proposals are rejected. Time is of the essence, and the award of the contract to the successful Respondent is expressly conditioned upon: (1) the Respondent’s execution and delivery of the Contract Documents and a written contract with the City including all terms acceptable to the City within thirty (30) calendar days, and delivery of all required bonds and evidence of insurance within ten (10) calendar days after the successful Respondent is notified of the acceptance of its Proposal, and (2) the Respondent’s timely fulfillment of any and all other preconditions expressly set forth in the Contract Documents. Should the Respondent fail to timely execute and deliver the contract, required bonds, evidence of insurance, or fail to timely fulfill any other such preconditions, the City may, at its option and discretion, without releasing, impairing or affecting its right to receive the proposal security as damages for such failures, rescind the award, commence negotiations with the next ranked Responder, or reject all Proposals. There will be no contractual obligations on the part of the City to any Responder, nor will any 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office Responder have any property interest or other right in the contract or work being proposed unless and until the written agreement is unconditionally executed and delivered by all parties, all submittals required by the Proposal Document and agreement and all conditions to be fulfilled by the Responder have either been so fulfilled by the Responder or waived in writing by the City, as applicable. With regard to inquiries, Do not contact the City or elected officials during the selection process after the submittal date to make inquiries about the progress of this selection process. Doing so shall be grounds for exclusion from the selection process. Respondents will be contacted when it is appropriate to do so. XIV. Submission FACSIMILE, INTERNET OR EMAIL TRANSMITTALS SHALL NOT BE ACCEPTED. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office Delivery of Proposals: One (1) unbound original (to facilitate reproduction as necessary) and seven (7) spiral bound or semi-permanent binding method hardcopies of the Proposal and (1) USB drive containing a PDF copy of the proposal shall be sealed and delivered to: Attention: Kaylynn Holloway, City Secretary City of Bee Cave 4000 Galleria Parkway Bee Cave, Texas 78738 The package should be clearly marked: “Proposal to Provide Construction Manager at Risk Services for the City of Bee Cave’s New Public Library Building.”. Proposals will be publicly opened and read following the deadline of submittal November 15, at 2:00 PM. XV. Questions, Clarifications, and Interpretation of Documents Responders may request clarifications or interpretation of Proposal Documents. Any such request must be submitted in writing to Ms. Chelsea Maldonado, CBRE Project Manager at the following email address chelsea.maldonado@cbre.com by October 26, 2022, by 5:00 p.m. CDT. No questions will be answered over the phone. Questions will only be accepted until the stated deadline. Interpretations, corrections and/or changes of or to the Proposal Documents will be made by City in the form of a written addendum. Addenda may be obtained from the City website at: https://www.beecavetexas.gov/businesses/current-bids-rfps It is the vendor’s responsibility to check the City website for addenda. Any interpretations, corrections, or changes of or to the Proposal Documents made in any other manner, will not be binding upon the City, and Responders may not rely upon them. Any discrepancy or conflict with the Proposal Documents or the Contract Documents shall be brought to the Attention of the Architect and the City. Discrepancies or conflicts not brought to Architect’s and City’s attention and clarified during the Proposal process for the Project will be deemed to have been priced in the more costly manner or difficult manner, and the better quality or greater quantity of the Work shall be provided by the CMAR in accordance with the Architect’s interpretation. XVI. Additional Instructions, Notifications, and Information A. No Gratuities – Respondents shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City for the purpose of influencing this selection. Any attempt by the Respondent to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process. B. All Information True – Respondent represents and warrants to the City that all information provided in the response shall be true, correct, and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to the City for consideration in the selection process shall be excluded. C. Confidential Material – Any material that is to be considered as confidential in nature must be clearly marked as such and will be treated as confidential by the City to the extent allowed by law. Submission of information relative to this RFP shall not be released by the City during qualification evaluation process or prior to contract award. Proposers are advised that the confidentiality of their mailto:csmith@annatexas.gov https://www.beecavetexas.gov/businesses/current-bids-rfps 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office qualifications will be protected to the extent permitted by law. Proposers are advised to consider the implications of the Texas Open Records Act, particularly after the qualification process has ceased and the contract has been awarded. Trade secrets and any material that is considered as confidential in nature must be clearly marked and identified as such by the consultant at the time of proposal submittal and will be treated as confidential by the City to the extent allowed by the Texas Local Government Code Chapter 252.049 and the Texas Open Records Act. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary/confidential information will result in all unmarked sections being deemed non- proprietary upon public request. D. Qualifications Opening – So as to avoid disclosure of the contents to competing offerors, qualifications shall be kept secret during negotiations. All qualifications shall be open for public inspection after the contracts are awarded, with the exception of trade secrets and confidential information contained in the qualification and identified by the proposer as such to the extent allowed by law. E. Inquiries – Do not contact the City or elected officials during the selection process after the submittal date to make inquiries about the progress of this selection process. Doing so shall be grounds for exclusion from the selection process. Respondents will be contacted when it is appropriate to do so. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office City of Bee Cave Proposal Form Construction Manager at Risk for the City of Bee Cave’s NEW MUNICIPAL COMPLEX CONSISTING OF A PUBLIC LIBRARY & ASSOCIATED SITE WORK Having examined the request for Proposal, the Responder will furnish Construction Manager at Risk services as required for this Project as follows: Pre-Construction Fee, Fee and General Conditions shall be based on the following estimated Construction Cost Limitation (CCL) for this Project: 1. Pre-Construction Fee: To include personnel expenses, project estimates, preliminary project schedules, value engineering, constructability reviews, pre-planning, overhead and profit, and other services through the pre-construction phase of the Project. $ 2. Construction Phase Services Fee: Identify a Construction Phase Services Fee as a percentage of the construction budget for all home office expenses, and any other expenses not included in the Allowable General Conditions Worksheet, including all overhead and profit. % 3. Not-to-Exceed General Conditions Costs: Based on the respondent’s proposed schedule, identify General Conditions Cost using allowable General Conditions in the worksheet on the following page. $ 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office EXHIBIT A INSURANCE REQUIREMENTS CONSTRUCTION SERVICES Services for construction projects, including but not limited to: General Contractors, Demolition Contractors, Utility Contractors, Building Contractors, Street and Road Contractors, etc. The chosen firm (“Contractor”) shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the bid. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the City prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE AND LIMITS OF INSURANCE Coverage shall be at least as broad as: a. Professional Liability Insurance: professional errors and omissions liability insurance with limits of liability of $1,000,000 per occurrence covering all work performed by the Contractor, its employees, sub-contractors, or independent contractors. If this coverage can only be obtained on a “claims made” basis, the certificate of insurance must clearly state coverage is on a “claims made” basis and coverage must remain in effect for at least two years after final payment with the Professional continuing to furnish the City certificates of insurance. b. Workers Compensation Insurance: The Professional shall carry and maintain during the term of this Agreement, workers compensation and employer’s liability insurance meeting the requirements of the State of Texas on all the Professional’s employees carrying out the work involved in this contract. c. General Liability Insurance: The Professional shall carry and maintain during the term of this Agreement, general liability insurance on a per occurrence basis with limits of liability of $1,000,000 for each occurrence and for fire damage. For Bodily Injury and Property Damage, coverage shall be $1,000,000. Coverage for Premises, Operations, Products and Completed Operations shall be $1,000,000. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out the work involved in this Agreement. The general aggregate shall be $1,000,000. d. Automobile Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, automobile liability insurance with either a combined limit of $1,000,000 per occurrence for bodily injury and property damage or split limits of $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non-owned motor vehicles used in the performance of this contract by the Contractor or its employees. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office e. Cyber Security Liability Insurance: Contractor shall carry and maintain during the term of this Agreement, cyber security liability insurance on a per occurrence basis with limits of liability of $1,000,000 for each occurrence, covering any such unauthorized disclosure of Protected Information caused by a defect or failure of the Software or any electronic communication system maintained or controlled by Contractor. f. Subcontractor: In the case of any work sublet, the Contractor shall require subcontractor and independent contractors working under the direction of either the Contractor or a subcontractor to carry and maintain the same workers compensation and liability insurance required of the Contractor. g. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. City shall be listed as Loss Payee. h. $10,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. B. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the City. C. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages: a. The City, its officers, officials, employees, boards, commissions and volunteers are to be added as “Additional Insureds” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The contractor’s insurance coverage shall be primary insurance in respects to the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its officers, officials, employees, boards, commissions or volunteers. d. The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. e. All policies shall be written on a “per occurrence basis” and not a “claims made” form. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the City. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the City for all occurrences, except 10 days written notice to the City for nonpayment. D. ACCEPTABILITY OF INSURERS The City requires that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. E. VERIFICATION OF COVERAGE Contractor shall provide the City with certificates of insurance indicating coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. City will not accept Memorandums of Insurance or Binders as proof of insurance. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office BID BOND STATE OF TEXAS ) ) COUNTY OF TRAVIS ) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, , whose address is , hereinafter called Principal, and , a corporation organized and existing under the laws of the State of , and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Bee Cave, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter referred to as “City,” in the penal sum of $ as the proper measure of liquidated damages arising out of or connected with the submission of a Proposal for the construction of a public work project, in lawful money of the United States, to be paid in Travis County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the Principal has submitted to City a certain Proposal, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the construction of: CONSTRUCTION MANAGER AT RISK SERVICE FOR CITY OF BEE CAVE NEW MUNICIPAL COMPLEX CONSISTING OF A PUBLIC LIBRARY & ASSOCIATED SITE WORK NOW, THEREFORE, if the Principal’s Proposal shall be rejected or, in the alternative, if the Principal’s Proposal shall be accepted and the Principal shall execute and deliver a contract in the form of the Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish performance, payment and maintenance bonds required by the Contract Documents for the Project and provide proof of all required insurance coverages for the Project and shall in all other respects perform the agreement created by the acceptance of said Proposal, then this obligation shall be void, otherwise the same shall remain in force and affect; it being expressly understood and agreed that the liability of the Surety for any breech of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages. PROVIDED FURTHER, that if any legal action were filed on this Bond, Texas law shall apply exclusive venue shall lie in Travis County, Texas. AND PROVIDED FURTHER, the Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by an extension of the time within which the City may accept such Proposal; and said Surety does hereby waive notice of any such extension. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Travis County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by applicable law. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office IN WITNESS WHEREOF, this instrument is executed in six (6) copies, each one of which shall be deemed an original, this, the day of , 20 . ATTEST: PRINCIPAL: By: Company Name By: Signature Signature Typed/Printed Name Typed/Printed Name Title Title Address Address City State ZIP City State ZIP Phone Fax Phone Fax ATTEST: SURETY: By: Company Name By: Signature Signature of Attorney in Fact Typed/Printed Name Typed/Printed Name of Attorney in Fact Title Title Address Address City State ZIP City State ZIP Phone Fax Phone Fax The Resident Agent of the Surety in Travis County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: If Resident agent is not a corporation, give a person’s name. 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office CITY OF BEE CAVE REQUEST FOR PROPOSAL CERTIFICATION FORM COMPANY INFORMATION The following information must be provided in its entirety for your submission to be considered: Company Name: Principal Place of Business Address: Principal Place of Business City, State, ZIP: Principal Place of Business Phone: Principal Place of Business Fax Number: Remittance Address (if different from above): Remittance City, State, ZIP: Tax Identification Number: ADDENDUMS If an addendum to this RFP is issued, acknowledge addendum by initialing beside the addendum number: Add. No. 1 Add. No. 2 Add. No. 3 Add. No. 4 Add. No. 5 CERTIFICATION The undersigned hereby certifies that he/she represents the Company, has authority to sign on behalf of the Company, understands the scope of work, has read the document in its entirety and that the information submitted has been carefully reviewed and is submitted as correct and final. If selected, Company further certifies and agrees to furnish any or all services in accordance with the terms and conditions contained herein; to willfully enter into negotiations; and to faithfully execute an agreement with the City of Bee Cave upon successful negotiations. The individual signing this RFP certifies that he/she is a legal agent of the Company, authorized to submit on behalf of the Company, and is legally responsible for the decisions as to the supporting documentation provided. Authorized Representative: Signature Date Printed Name Title Email Address 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office Allowable General Conditions Worksheet Below is a list of Allowable General Conditions for the construction of the City of Bee Cave Public Library. List all project management, bonds, insurance, field office and office supplies costs for the Project below and enter the total as the ‘Not-To- Exceed General Conditions Costs’ as No. 3 on the Proposal Form. General Conditions Description Quantity Un it Cost $/Unit Including All Burden, Insurance, Etc. Total On Site Project Management Project Executive M O Project Manager M O Superintendent(s) M O Assistant Superintendent(s) M O Project Engineer(s) M O Project Expeditor M O Project Scheduler M O Project Support Staff M O Cost Estimator M O Bonds and Insurance All Insurance including Builder’s Risk LS Payment, Performance and Maintenance Bonds LS Temporary Project Construction and Utilities for CM Staff Dumpsters for CM Staff M O Monthly Internet & Telephone Service M O Project Water M O Temporary Toilets M O Temporary Fire Protection M O Telephone System Installation LS Electricity M O Field Equipment Jobsite Trailer(s) M O Job Photos and Videos M O Project Signage LS 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6600 Office Postage and Deliveries M O Mobilization for Office Trailers LS Monthly Jobsite Office Equip. Rental M O Storage Trailers M O Crane Erection and Rental M O Vehicles including Fuel, Maintenance and Insurance M O Safety Equipment M O First Aid Supplies M O Job Office Supplies M O Janitorial Supplies M O Project Computers and Software M O Project Fencing M O Security Personnel/Equipment M O Communications Equipment M O Advertising M O Small Tools Purchase and Rentals LS TOTAL GENERAL CONDITIONS