Santa Rosa Park Improvements-Phase II

CAMERON COUNTY PARKS Santa Rosa Park Improvements Phase II Project No. C230702 ARCHITECTS Gomez Mendez Saenz, Inc. Mejia & Rose, Inc. Green Rubiano & Associates Ethos Engineering Set No. Roan G. Gomez,AIA TABLE OF CONTENTS INVITATION TO PROPOSERS and ATTACHMENTS 84 Pages BID PROPOSAL FORM 2 Pages ADDENDUM ACKNOWLEDGEMENT 1 Pages FORM OF BID BOND 2 Pages FORM OF PAYMENT BOND 3 Pages FORM OF PERFORMANCE BOND 2 Page STATEMENT OF BIDDERS QUALIFICATIONS 2 Page LIST OF CONTRACTORS 1 Page SPECIAL INSURANCE CONDITIONS OF THE AGREEMENT 1 Page RESOLUTION MINIMUM WAGE RATE REQUIREMENT 1 Page PURCHASING MANUAL - XII PROCUREMENTS 5 Pages GENERAL CONDITIONS OF THE AGREEMENT 14 Pages STANDARD FORM OF AGREEMENT 2 Pages NOTICE OF AWARD 1 Page CERTIFICATE AS TO CORPORATE PRINCIPAL 1 Page ATTORNEY’S REVIEW CERTIFICATION 1 Page PROJECT CLOSEOUT CHECKLIST 4 Pages DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work, Allowances 01110 TDI Windstorm Delegation 01340 Submittals 01505 Temporary Facilities

01605 Products and Substitutions 01705 Project Closeout DIVISION 2 - SITE WORK 02060 Demolition 02110 Site Preparation 02200 Earthwork 02443 Chain Link Fencing 02514 Concrete Walks 02810 Irrigation 02900 Planting 02902 Vegetation Protection 02930 Lawns DIVISION 3 - CONCRETE 03010 Concrete Work DIVISION 5 – METALS 05500 Metal Fabrications DIVISION 6 - CARPENTRY 06100 Rough Carpentry DIVISION 7 – MOISTURE PROTECTION 07410 Preformed Roofing and Siding 07900 Joint Sealers DIVISION 10 - SPECIALTIES 10440 Specialty Signs DIVISION 11 - EQUIPMENT 11480 Recreational Equipment CIVIL ENGINEERING SPECIFICATIONS – AMBIOTEC CIVIL ENGINEERING GROUP, INC. 01 30 00 – Submittal Procedures 01 45 29 – Testing Laboratory Services 01 50 00 – Temporary Facilities and Controls 01 55 26 – Traffic Control and Regulations 01 57 23 – Temporary Storm Water Pollution Control 02 40 00 – Removing Existing Pavement and Structures 02 41 00 – Demolition 03 30 00 – Cast-in-Place Concrete / Concrete for Utility Construction 31 10 00 – Site Clearing - Preparation of Site 31 23 00 – Earthwork, Excavation, Fill, and Grading 31 23 13 – Subgrade Preparation 31 23 16 – Excavation 31 23 16.13 – Trench Safety System 31 23 16.16 – Excavation and Backfill for Structures 31 23 19 – Control of Ground Water and Surface Water 31 23 23.13 – Utility Backfill Materials 31 23 33 – Excavation and Backfill for Utilities 32 01 00 – Pavement Repair and Resurfacing 32 11 13.13 – Lime Treatment for Subgrade 32 11 23 – Crushed Limestone Flexible Base 32 12 13.19 – Prime Coat 32 12 16.13 – Hot Mix Asphaltic Concrete Pavement 32 16 00 – Concrete Curbs, Gutters, Driveways & Sidewalks 32 17 23.13 – Painted Pavement Markings 32 31 13 – Chain Link Fences and Gates 33 40 00 – Storm Drainage System MEP ENGINEERING SPECIFICATIONS – ETHOS ENGINEERING – 62 Pages DIVISION 1: GENERAL REQUIREMENTS 019113 General Commissioning Requirements DIVISION 26: ELECTRICAL 260010 Summary of Electrical Work 260519 Low-Voltage Electrical Power Conductors and Cables 260526 Grounding and Bonding for Electrical Systems 260529 Hangers and Supports for Electrical Systems 260533 Raceways and Boxes for Electrical Systems 260553 Identification for Electrical Systems 260800 Commissioning of Electrical Systems 262416 Panelboards 265668 Exterior Athletic Lighting Page 1 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ CAMERON COUNTY PURCHASING DEPARTMENT INVITATION TO RFP RFP NUMBER # 230702 RFP TITLE: SANTA ROSA PARK IMPROVEMENTS – PHASE II DATE DUE: August 1st, 2023 DUE NO LATER THAN 3:00 P.M. RFPs will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. RFPs received later than the date and time above will not be considered. Please return RFP ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) of your proposal for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFP Number, Description and is marked “SEALED RFP”. RETURN RFP TO: by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345, Brownsville, Texas 78520. Pre-Proposal - Meeting Scheduled at Santa Rosa Park located at 513 FM 506, Santa Rosa, Texas 78520 on Tuesday, July 11, 2023 at 9: 00 a.m. QUESTIONS DEADLINE: Friday, July 14, 2023 at 5:00 p.m. All questions will only be accepted in writing via e-mail: purchasing@co.cameron.tx.us For additional information, clarifications and/or questions or to request addendum please contact: Roberto Luna, Interim Purchasing Agent at (956) 544-0871, E-mail: purchasing@cameroncounty.com. YOU MUST SIGN BELOW IN INK. FAILURE TO SIGN WILL DISQUALIFY THE OFFER. All prices must be typewritten or written in ink. Company Name: ___________________________________________________________________________________ Company Address: ____________________________________________________________________________ City, State, Zip Code: ____________________________________________________________________________ Telephone No.____________________________Fax No._____________________e-mail_________________________ Historically Underutilized Business (State of Texas) Certification VID Number: _________________________________ Print Name: ________________________________________Signature: ______________________________________ How did you find out about this RFP? ________________________________________ (ex: Newspaper, Web, Mail) Is Proposer’s principal place of Business within Cameron County? Yes - No (Your signature attests to your offer to provide the goods and/or services in this RFP according to the published provision of this bid. When an award letter is issued, this RFP becomes the contract. If a RFP required specific Contract is to be utilized in addition to this RFP, this signed RFP will become part of that contract. When an additional Contract is required a RFP award does not constitute a contract award and RFP / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. Responders must sign each bid page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each bid page will disqualify the BID/PROPOSAL offer. mailto:purchasing@co.cameron.tx.us mailto:purchasing@cameroncounty.com Page 2 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ CHECK LIST Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Proposers You should be familiar with all of the Instructions to Proposers. _X__ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H, I, J & K Be sure to complete these forms and return with packet. _X__ Exhibit 1 – Required Contract Clauses for Contracts under Federal Award _X__ Appendix A – FHWA 1273 – Nondiscrimination, No segregated Facilities Federal Aid Construction Contracts. _X__ Appendix B – Super Circular – Procurement Standards 2 CFR Parts 200.317 – 200.327 _X__ Proposal Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public works contracts over $25,000 require a Payment Bond and over $100,000 must also have a Performance Bond in a form approved by Cameron County. Please read carefully and fill our completely. _X__ PROPOSAL FORM – Included in package _X__ Minimum Insurance Requirements Included when applicable _X__ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final reminders to double check before submitting RFP ____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us Page 3 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ RFP # 230702 INSTRUCTIONS FOR SUBMITTING COMPETITIVE SEALED PROPOSALS These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFP and Requests for Quotes. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFP with all appropriate supplements and/or samples. Prior to returning your sealed RFP response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFP in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual RFP award information can be accessed at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy. Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFP is complete, and double check your RFP for accuracy. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFP NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING LAW: This invitation to RFP is governed by the competitive RFP requirements of the County Purchasing Act, Texas Local Government Code, 262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions result in a change or addition to this RFP, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of a written addendum only. Verbal changes to RFP’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFP will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I, J & K and return all with your RFP. The RFP is particularly interested in Proposers’ ability to meet the funding eligibility requirements set for in the American Rescue Plan Act of 2021 (ARPA) Please see Appendix A “ FHWA 1273” & Appendix B “Super Circular- Procurement Standards 2 CFR Parts 200.317 – 200.327” CONFLICT OF INTEREST QUESTIONNAIRE: For vendor or other person doing business with local governmental entity This questionnaire must be filed in accordance with chapter §176 of the Local Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person commits an offense if the person violates Section §176.006, Local Government Code. An offense under this section is a Class C misdemeanor. The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section §176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf roberto.luna Highlight Page 4 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf TEXAS ETHICS COMMISSION FORM 1295 All RFPs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted and printed. Form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFP award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/ PROPOSER SHALL SUBMIT RFP ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFP PACKET. In the event of inclement weather and County Offices are officially closed on a Proposal deadline day, RFP’s will be received unit 2:00 p.m. of the next business day. Proposals will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. RFP’s SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. PRESENTATIONS SEQUENCE TO EVALUATION COMMITTEE. Presentations to Evaluation Committee will be sequenced (in order) as determined by the utilization of RANDOM.ORG. Process will be conducted in the Purchasing Dept. with Auditor’s designee present. SUCCESSFUL PROPOSERS WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of award. PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: https://www.cameroncountytx.gov/commissioners-court-agendas/ OPEN RECORDS ACCESS TO ALL INFORMATION SUBMITTED. All information included will be open to the public, other proposers, media as per the Open Records Act and not be confidential in nature. If you deem any information as confidential, it should not be made part of your RFP package. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR RFP. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF RFP. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) MUST BE SUBMITTED Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the RFP. RFP’s must be in the Purchasing Department BEFORE the hour and date specified. 2. Proposals MUST give full firm name and address of the proposer. Failure to manually sign RFP will disqualify it. Person signing RFP should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. Proposals CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by Proposer or his authorized agent. No RFP can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. Written and verbal inquires pertaining to bids must give RFP Number and Company. 5. NO changes or cancellations permitted without written approval of Purchasing Agent. The County reserves the right to accept or reject all or any part of any RFP and waive minor technicalities. 6. This is a RFP inquiry only and implies no obligation on the part of Cameron County. 7. Partial RFP’s will not be accepted unless awarded by complete RFP. 8. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFP, for the item(s) being specified, and the particular use for which they are meant. https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ https://www.cameroncountytx.gov/commissioners-court-agendas/ Page 5 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ 9. It is the responsibility of the Proposer to ask any and all questions the Proposer feels to be pertinent to the proposal. Cameron County shall not be required to attempt to anticipate such questions for proposers. Cameron County will endeavor or respond promptly to all questions asked. 10. If PROPOSER takes exception to specifications or reference data, he will be required to provide details etc. as specified. 11. A proposal may not be withdrawn or canceled by the proposer without the written acknowledgment of the County for a period of sixty (60) days following the date designated for the receipt of proposal, and proposer so agrees upon submittal of the proposal. 12. If a Bid Bond is required in this Proposal it must be included in Proposers Sealed RFP package. 13. The County reserves the right to accept or reject all or any part of any RFP, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFP. Prices should be itemized. County also reserves the right to award either with or without trade-in, if applicable. Cameron County reserves the right to award if only one (1) RFP was received. Cameron County retains the option to re-solicit at any time if in its best interest and is not automatically bound to renewal or re-solicitation. The County reserves the right to hold all RFPs for 60 days from the due date of receipt without actions. The County reserves the right to add additional County Departments (at a later time during this RFP award) as the need arises. The County also reserves the right to consider utilizing CO-OP Interlocal Agreements / pricing if determined to be more advantageous to the County. 14. All property of Cameron County must remain (at all times) within the United States – without exception – unless prior Agenda approval has been given by Commissioners Court. 15. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFP. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code 151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 16. Proposals are scheduled to be opened and publicly acknowledged at the Cameron County Commissioners Courtroom, on the scheduled date and time specified on cover sheet of this RFP package. Proposers, their representatives and interested persons may be present. The proposals shall be opened and acknowledged only so as to avoid disclosure of the contents to competing proposers and shall remain confidential during negotiations. However, all proposals shall be opened for public review after the concession lease agreement is approved, except for trade secrets and confidential information contained in the proposal and identified by proposers as such. 17. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting concession agreement. All change orders to this RFP will be made in writing by the Cameron County Purchasing Department. Award of proposal does not constitute a concession agreement. A binding concession agreement will be negotiated by the Cameron County Property Manager and approved by the Commissioners Court after the proposal has been awarded. 18. No public official shall have interest in this RFP except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter §171. 19. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Cameron County. 20. All proposals meeting the intent of this RFP will be considered for a possible negotiation. 21. Any interpretations, corrections or changes to this RFP will be made by addenda. Sole issuing authority of addenda shall be vested in Cameron County Purchasing Department. Addenda will be mailed to all who are known to have received a copy of this RFP. Proposers shall acknowledge receipt of all addenda in writing. 22. Proposals must comply with all federal and state laws, County policy and local regulations. 23. Cameron County may request a presentation and additional information to determine proposer's ability to sufficiently meet these minimum responsible standards listed above. 24. Cameron County requests proposer to supply, with this RFP, a list of at least three (3) references. Include full name and title, address, telephone number, fax number and name(s) of contact person. 25. Successful proposer shall defend, indemnify and save harmless Cameron County and all its officers, agents and employees from all suits, actions, or other claims of any person, persons, or property on account of negligent act or fault of the successful offered, or of any agent, employee, subcontractor or supplier in the execution of or performance under any contract which may result from proposal award. Successful proposer shall pay any judgment including costs, which may be obtained against Cameron County developing out of such injury or damages. 26. Any notice provided by this proposal or required by Law to be given to the successful proposer by Cameron County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Brownsville, Texas by Registered or Certified mail with sufficient postage affixed thereto, addressed to the successful proposer at the address so provided; this shall not prevent the giving of actual notice in any other manner. Page 6 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ 27. It is the responsibility of the bidder or proposer to ask any and all questions the bidder or proposer feels to be pertinent to the bid or proposal. Cameron County shall not be required to attempt to anticipate such questions for bidders or proposers. Cameron County will endeavor to respond promptly to all questions asked. 28. AWARD OF CONTRACT - Award(s), if made, will be made to the responsive and responsible Offeror(s) whose proposal is most advantageous to Cameron County, taking into consideration price and the other factors set forth in the Request for Proposals “R.F.P. . Contract will be negotiated with the offeror whose proposal is determined to be most advantageous to County. The County reserves the right and option to reject any and all proposals and to waive any formality in proposals received, to accept or reject any or all of the items in the proposal, and award the contract in whole or in part, if it is deemed in the best interest of the County. Proposals should be submitted initially on the most favorable terms, from both price and technical standpoints. The County further reserves the right to award without discussion after proposals are received to request written “BEST AND FINAL OFFERS” from respondents judged to be responsive to the minimum technical requirements. PURCHASE ORDER AND DELIVERY: The successful PROPOSER shall not deliver products or provide services without a contract approved by the Cameron County Commissioners Court and a Cameron County Purchase Order signed by an authorized agent of the Cameron County Purchasing Department. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Cameron County without prejudice to other remedies provided by law. Where delivery times are critical, Cameron County reserves the right to award accordingly. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender provided, where the time for performance has not yet expired, the Seller may seasonably notify Buyer of their intention to cure and may then make a conforming tender within the contract time but not afterward. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order. Any change thereto shall be affected by modification as provided for in clause 20, “Modifications”, hereof. The terms of this agreement are “no arrival, no sale”. DELIVERY TERMS AND TRANSPORTATION CHARGES: RFP must show number of days required to place material in receiving agency’s designated location under normal conditions. Failure to state delivery time obligates Proposer to complete delivery in 24 hours. A five- day difference in delivery promise may break a tie. Unrealistically short or long delivery promises may cause RFP to be disregarded. Consistent failure to meet delivery promises without valid reason may cause removal from Proposer list. An accurate delivery date must be quoted on the “RFP Form”. When there are various items, a delivery date must be included with each item quoted. Freight and shipping charges to Cameron County must be included in the RFP price. Final location will be supplied to the vendor on award of RFP, F.O.B. destination. Delivery locations will be: Various County Building locations. Delivery days after receipt of order (ARO). Specify all (various) dates by categories or item if different. If delay is foreseen, contractor shall give written notice to Director of Purchasing. The County has the right to extend delivery date if reasons appear valid. Contractor must keep County advised at all times of status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications, authorized the County to purchase supplies elsewhere and charge full increase in cost and handling to defaulting contractor. Delivery shall be made during normal working hours only, 8:00 a.m. to 5:00 p.m. unless otherwise noted in RFP. VARIATON IN QUANTITY: The County assumes no liability for commodities produced, processed or shipped in excess of the amount specified herein. SELLER TO PACKAGE GOODS: Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently packed as follows: (a) Seller’s name and address; (b) Consignee’s name, address and purchase order or purchase release number and the supply agreement number if applicable; (c) Container number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the container bearing the packing slip. Seller shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. TITLE AND RISK OF LOSS: The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. INSPECTION: Upon receiving item(s), they will be inspected for compliance with the RFP Specifications. If the item(s) do not pass inspection, the vendor will be required to pick up the rejected item(s) at the delivery point, provide the necessary replacement, and return the item(s) to the original point of delivery. All items proposed shall be new, in first class condition, including containers suitable for shipment and storage (Cameron County prefers recycled packaging whenever possible), unless otherwise indicated in RFP. Verbal agreements to the contrary will not be recognized. All materials and services shall be subject to Purchaser’s approval. Unsatisfactory material will be returned at Seller’s expense. Cameron County reserves the right Page 7 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a RFP item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the RFP as inadequate. TESTING: Cameron County reserves the right to test equipment, supplies, material and goods Proposed for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the RFP is subject to rejection. County user Dept.(s) reserves the right to make the final determination as to equivalents. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such. INVOICES AND PAYMENTS: (a) Vendor shall submit separate invoices, in duplicate, on each purchase order after each delivery. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 East Monroe St., Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery. Vendors must keep the Auditor advised of any changes in your remittance addresses. (b) County’s only obligation to pay Vendor is to pay from funds budgeted and available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by the County. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the Vendor for correction. Under term contracts, when multiple deliveries and/or services are required, the Vendor may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the Vendor should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. Vendor shall submit two (2) copies of an itemized invoice showing RFP number and purchase order number to: CAMERON COUNTY AUDITOR ACCOUNTS PAYABLE 1100 EAST MONROE ST., BROWNSVILLE, TEXAS 78520 Please note that any payment due under this RFP award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County. PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice. All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this RFP in excess of the amounts quoted. Page 8 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ CAMERON COUNTY REQUEST FOR COMPETITIVE SEAL PROPOSAL (RFP) RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) MUST BE SUBMITTED Each RFP shall be placed in a separate envelope completely and properly identified with the name and number of the RFP. RFP’s must be in the Purchasing Department BEFORE the hour and date specified. Competitive Sealed Proposal shall be delivered to: Cameron County Purchasing Department c/o Dalia Loera, Bid Coordinator Attn: Roberto C. Luna, Interim Purchasing Agent 1100 E. Monroe 3rd floor Brownsville, TX 78520 Part "A" is due no later than 3:00 pm on August 1st, 2023. Proposals will be opened and read aloud at the Purchasing Department on the 3m floor of the historic Dancy courthouse building at 1100 E. Monroe, Brownsville TX. Part "B" is due at the same time 3:00 pm on August 1st, 2023 at the Cameron County Purchasing Department, 3rd floor of the historic Dancy building at 1100 E. Monroe Brownsville TX 78520 All questions related to this Request for Competitive Sealed Proposals shall be addressed in writing via email or fax to: Roberto C. Luna Interim Purchasing Agent Cameron County roberto.luna@co.cameron.tx.us phone: (956) 544-0871 fax: (956) 550-7291 CAMERON COUNTY reserves the right to waive informalities associated with this RFCSP and subsequent invitations to interview and to reject any and/or all Competitive Sealed Propos als. CAMERON COUNTY intends to select one contractor through a competitive sealed proposal process for the project listed in this document. mailto:roberto.luna@co.cameron.tx.us Page 9 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ CAMERON COUNTY REQUEST FOR COMPETITIVE SEAL PROPOSAL (RFP) RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II PROPOSAL FORM 1) Instructions to Proposers: Competitive sealed proposals will be received from qualified Proposers by the Interim Purchasing Agent, Cameron County. The Proposal shall be submitted in two parts as follows: Part "A" of the Proposal shall be received until 3:00 pm on August 1st, 2023 and Part "B" of the Proposal shall be received at the same date and time. Upon submission of Part "A" of the Proposal, they will be publicly opened and read aloud for the furnishing of all labor, materials, and equipment, and performing all work required for the project, and in compliance with the project manual and drawings, and other contract documents as prepared by Gomez Mendez Saenz Architects. The County will receive Part "B" of the Proposal and evaluate the submittal according to the selection criteria in order to determine which Proposal offers the best value to the County. The County is not bound to accept the lowest priced Proposal if that Proposal is judged not to be the best value for the Owner, as determined by the Owner. The County will, within (45) days of the opening of Proposals, rank each of the Proposers using the Selection Criteria. Each Proposer will be notified of the rankings. If cost objectives cannot be reached with the top ranked offer, the County will move to the second ranked offer and other offers in turn until the cost objectives are met. There will be a pre-proposal meeting held at 9:00 pm, July 11, 2023 at Santa Rosa Park located at 513 FM 506, Santa Rosa, Texas. Attendance is highly recommended. 2) Bid Bond: Reference attachment H for the Bid Bond form. A Cashier's Check, Certified Check, or acceptable Proposer's Bond payable to Cameron County, in the amount of not less than 5% of the larges possible total for the proposal submitted, must accompany each proposal in Part "A" of the Proposal submission. 3) Geotechnical Report: Not applicable. 4) Project Description: The scope of this project includes improvements to Santa Rosa Park, phase II which includes walkway solar lights, baseball field light and lighting controls replacement, air conditioning unit replacement, wireless control stations and sensors, junction box-mounted modules, shade structure and other associated building structure improvements specified in attached drawings and construction specifications. 5) Proposal Guidelines: a) Each Proposer, by making a competitive sealed proposal, represents that he has carefully studied, compared, and understands the contract documents including any and all addenda items. b) Each Proposer, by making a competitive sealed proposal, represents that he has familiarized himself with and understands the local conditions under which work is to be performed, including prevailing subsurface conditions. c) Each Proposer shall carefully study and compare the proposal documents, and not later than seven days prior to the date for receipt of competitive sealed proposals, shall make written request to the Architect for interpretation or correction of any ambiguity, inconsistency or error therein which he may discover. Any interpretation or correction will be issued in a written addendum by the Architects. Only written interpretation or correction by an addendum shall be binding. No Proposer shall rely upon any interpretation or correction given by any other method. d) No substitution will be considered unless written request has been submitted to the Architect for approval at least ten days prior to the date for receipt of proposals. Each such request shall include a complete description of the proposed substitute, the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data and any other data or information necessary for a complete evaluation. If the Architect approves any proposed substitution, such approval will be set forth in an Addendum. e) By submitting a proposal, each proposer agrees to waive any claim it has or may have against the Owner, the Architect/ Engineer, or other consultants, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Bid Documents; or the Contract Documents; acceptance or rejection of any proposals; and award of the Contract. f) In case of ambiguity or lack of clearness in stating the price in the Proposal, the Owner reserves the right to adopt the price written in words or to reject the Proposal. 6) Construction Documents: Construction documents are attached to RFP package Page 10 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ 7) Payment & Performance Bonds: Reference attachment for the Payment and Performance Bond Forms. The successful Proposer will be required to enter into a contract with Cameron County and to furnish a Performance and Payment Bond of approved form through an approved bonding company duly authorized to do business in the State of Texas, and currently listed in the Department of Treasury Federal Register, in the amount of not less than 100% of the contract price, conditioned upon the performance of the contract. Performance and Payment bonds shall be in full compliance with Texas Government Code Chapter 2253. Bonding Companies using "Reinsuring Insurance Companies" to expand the Bonding Companies Limits will not be acceptable unless also approved by the Owner. 8) Contractor Selection Schedule: Advertisement: 1st Ad for Sunday, Juy 2, 2023 2nd Ad for Sunday, July 9, 2023 Proposals Available: July 3rd, 2023 available online at: https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ Pre-proposal Conference: Tuesday, July 11, 2023 at 9:00am Pre-proposal location: at Santa Rosa Park located at 513 FM 506, Santa Rosa, Texas. Part "A" submission deadline: August 1st, 2023 at 3:00 pm Part "B" submission deadline: August 1st, 2023 at 3:00 pm Committee Meeting to Score Proposals: August 4, 2023 (Tentative) Conduct Interview (if deemed necessary): 2-3 week of August, 2023 Select Contractor: On or before August 22, 2023 (Tentative) The Proposers agrees that this Proposal shall be good and shall not be withdrawn for a period of forty-five (45) calendar days after scheduled receipt of proposals. The Proposer acknowledges that all changes in the scope of work will be promptly addressed by the Contractor and presented to Client for approval in a format agreeable to Client. All changes in The Work will reflect fair market values when presented to Client with all considerations for value engineering options and contractor's best price in place. The successful Contractor will be solely responsible for compliance with all laws, ordinances, codes, rules and regulations and all lawful orders of any public authority having jurisdiction over this project. The Proposer understands that CAMERON COUNTY reserves the right to reject any or all bids and to waive any formalities in the proposal process. The undersigned understands the contract for construction will be between the Contractor and CAMERON COUNTY. The form of agreement will be the Standard Form of Agreement Between the Owner and Contractor with modifications and General Conditions. Reference project manual for copies of the documents. CAMERON COUNTY reserves the right to separately bid and assign subcontractors for selected work scopes to the Contractor. 9) Preparation of Proposal Exhibits: The Proposer shall submit a competitive sealed proposal for the General Construction of the project. A proposal shall be considered incomplete unless both Part A and Part B of the Proposal are submitted. The Proposer's competitive sealed Proposal shall include one (1) original “marked ORIGINAL” and seven (7) copies “marked copies” of all of the following items: a) Part "A" submission" (All pages for RFP package must be included with responder’s signature/initials) (1) Bid Form (Attachment) (2) Initialed Copy of Request for Competitive Sealed Proposal (3) Bid Bond or Bid Security (Attachment) (4) List of General Conditions (Attachment) (5) Attachments A to K (6) Vendor Compliance to State Law (Attachment) (6) Non-collusion Affidavit (Attachment) b) Part "B" submission: (1) Organizational Experience and References (2) Organizational Chart and Resumes of the Project Team (3) Definition of Cost of the Work (4) Comments, Clarifications and Exclusions (5) Certificates of Insurance (sample) https://www.cameroncountytx.gov/purchasing-bids-rfpq-addms-tabs/ roberto.luna Highlight roberto.luna Highlight roberto.luna Highlight roberto.luna Highlight roberto.luna Highlight Page 11 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ (6) Safety Program and Record (7) Financials and Background (8) Claims and Suites (9) Additional Information (as necessary) 10) Public Information and Notice of Confidentiality: The Owner considers all Proposal information, documentation and supporting materials submitted in response to this Proposal requests to be non-confidential and/or nonproprietary in nature, and therefore, shall be subject to the public disclosure under the Texas Public Information Act (Texas Government Code, Sec. 552.001, et seq.) after the award of the contract. The Proposer must identify and designate those portions of their technical Proposal that contains trade secrets or other proprietary data. If the Proposal includes such data, the Proposer shall: (1) Mark the cover sheet of the Technical Proposal with the following phrase: "This Proposal includes data that shall not be disclosed outside the County and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the Proposal." (2) Mark each sheet and the specific data on that sheet that the Proposer wishes to restrict with the following phrase: "Use or disclosure of the specifically marked data is subject to the restrictions regarding confidentiality cited on the cover sheet of this Proposal." 11) Contractor Selection Criteria: WEIGHTED QUANTITATIVE SCORING EVALUATION AND SELECTION CRITERIA WEIGHTED QUANTITATIVE SCORING: Each Vendor will be assigned a score of 0 - 4 by each evaluator for each criteria 4 = Very good / Exceeds expectations 3 = Above expectations 2 = Meets expectations 1 = Does not meet expectations 0 = non-responsive Evaluators score by category will be multiplied by the assigned weight for each criteria by vendor then totaled. Scoring for price will be a ratio and based on a pro rata factor of the best price submitted. Ex: Vendor W - price $100,000 = 4 points X assigned weight (ie: 25%) = 100 points Vendor X – price $150,000 = 2.66 points X assigned weight (ie: 25%) = 66.6 points Vendor Y – price $200,000 = 2 points X assigned weight (ie: 25%) = 50 points $100,000 ÷ $200,000 = .50 X 4 = 2 x 25 = 50 $100,000 ÷ $150,000 = .66 X 4 = 2.666 x 25 = 66 Once RFPs are reviewed and scored, a short list will be compiled. Interviews may be conducted with Proposers determined by total score rankings. Additional information may be required at that time. Negotiations will begin with the Proposer selected for the project. Commissioners Court will make the final selection and possible approval of the contract. An Evaluation Committee will review each proposal. Committee will be comprised of, but not limited to, County Staff. Proposer may be requested to appear before the Committee to answer questions or give additional information regarding the project or for a formal presentation. Proposals will be evaluated as to the proposal, which offers the best overall project and is deemed to be the most advantageous and yield the greatest benefit to the County. Some specific elements the Committee will be evaluating are as follows: (1) Firms Experience, Reputation and References (20 points) In addition to Attachment A (Vendor References and Statement of Qualifications). Please provide a list of projects your company has constructed which are of similar Size, Construction Type and Complexity to this project. Please list in chronological sequence beginning with most recent. For those projects constructed within the last 5 years and which meet the criteria, please denote the following information: Previous Project Owner’s; Name, address, Contact name, telephone number, email address, year Project was completed (Owner reserves Page 12 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ the right to call all owners listed to solicit references) Committee will assess points based on but not limited to: job performance, quality of work, meeting timelines, efforts towards overcoming delays, professionalism, project closeouts, bill payment history, change order pricing, and job safety. Committee will also assess points based on Owner's assessment of past experience with Proposer/Contractor. (2) Financials and Background (15 points) Please provide the following documents dated within the last 18 months. 1- current financial statement 2. Provide a bank letter of reference with regards to the company’s financial strength. 3. letter of Bonding Capacity from a treasury listed provider. (3) Experience and Reputation of the Proposed Project Staff (15 points) Provide completed resume(s) of the key supervisory personnel to be assigned to this project. Resumes must include references with names and telephone numbers for Owner verification. Please note Owner will reserve the right to call listed references. Key personnel should have demonstrated ample experience on projects of similar size, construction type, and complexity. Points are to be assigned on the merits of the proposed personnel, no substitutions will be allowed without Owner consent if awarded contract. Please identify the following: 1. Project Manager 2. Onsite Project Superintendent (4) Cost Considerations (40 points) The lowest monetary offer to the base bid will receive the maximum points. In case of ranking points tie the lowest monetary base bid submitted will be considered the highest-ranking Offeror. (5) Responsiveness to RFCSP (5 points) Provide all attachments required, and additional information for ranking criteria as required in a clear and easily reviewed manner for full points. (6) Proposed Subcontractor Team (5 points) Provide Attachment K within 24 hours of Proposal Submission Deadline. Points are to be assigned on the merits of the proposed subcontractors, no substitutions will be allowed without Owner consent if awarded contract. The County reserves the right to negotiate with any, one, or all the ranked proposers. The Evaluation Committee will make a recommendation for award by the Cameron County Commissioners’ Court. Page 13 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ SAMPLE EVALUATION SHEET RFP# 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II PROPOSER'S BUSINESS NAME: _____________________ DATE EVALUATED: ____________________ EVALUATOR'S SIGNATURE: ______________________ EVALUATOR PRINT NAME: ______________________ RFQ REVIEW: Each Vendor will be assigned a score of 1- 4 by each evaluator for each criteria 4 = Very good / Exceeds expectations 3 = Above expectations 2 = Meets expectations 1 = Does not meet expectations 0 = non-responsive - Utilization of 0 by evaluator requires Evaluation Committee’s full consensus. The Request for qualifications will be evaluated using Evaluator’s Score Weighted Quantitative Scoring per the following categories: Score: if revised Weight A. 20 – Firm’s Experience, Reputation, References ____ X 20 = B. 15 – Financials & Background ____ X 15 = C. 15 – Experience and Reputation of Proposed ____ X 15 = Project Staff D. 40 – Cost Consideration ____ X 40 = E. 5 - Responsiveness of Proposal ____ X 5 = F. 5 – Proposed Subcontractor Team ____ X 5 = TOTAL _______ The County shall receive, publicly open, and read aloud the names of the offerors and any monetary proposals made by the offerors. Not later than the 45th day after the date on which the proposals are opened, an evaluation committee shall evaluate and rank each proposal submitted in relation to the published selection criteria. The County will then proceed to select the offeror that submits the proposal that offers the best value for the County based on the selection criteria in the request for proposal and the weighted value for those criteria in the request for proposal and its ranking evaluation. In determining the best value for the County, the County is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. The County shall first attempt to negotiate a contract with the selected offeror. The County and its architect or engineer may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the County is unable to negotiate a satisfactory contract with the selected offeror, the County shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 12) Contractor General Conditions: To furnish all labor, materials and equipment necessary to provide the General Conditions at a cost not to exceed the amounts listed below. Note any exceptions which you take with the itemized list on Attachment . 13) Contractor Fees: To complete, or cause to be completed, all work for the projects for the percentage fees listed on the RFP Form, Attachment "". The General Contracting Fee shall include small tools and consumables, non-payroll insurances, indirect job overhead, warranty, and corporate overhead including but not limited to: (i) Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the Project Site office; (ii) Expenses of the Contractor's principal office and offices other than the Project Site office; (iii) Performance bonuses, similar plans paid to employees of Contractor, whether or not such employee worked on the Project; and (iv) Data Processing, Project Accounting and Project Scheduling expenses from the Contractor's principal office or offices other than the Project Site office. Page 14 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ 14) Cost of the Work: Includes, but is not necessarily limited to, all direct job costs, taxes, final clean and permits. 15) Other: All additions or reductions to the Scope of Work, that changes the GMP, will be performed for the proposed Contractor Fee. Contractor will itemize the cost impact on any proposed changes in General Conditions. Additions will be considered only in the event of an impact on the project's critical path to completion as supported by Contractor's schedule, or Owner- requested additional General Conditions. Weather delays will not be cause for extended General Conditions. Page 15 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ ATTACHMENT "A-1" Construction Services: 4.1 Prepare and maintain detailed schedule of construction (to be updated weekly). 4.2 Closely supervise all work, ensuring adherence to specifications, quality standards, schedule and costs. 4.3 Conduct weekly job-site meetings, create agendas, take minutes, highlight problems or required decisions, and administer corrections as specified by the project team. 4.5 Manage all related reports, permits and inspections. 4.6 Coordinate with CAMERON COUNTY's subcontractors and vendors (if any). 4.7 Provide detailed pricing as may be requested for changes to the Scope of Work. The Contractor should promote competitive pricing of changes. 4.8 Manage all aspects of approved changes to the Scope of Work. 4.9 As directed by CAMERON COUNTY, Contractor shall coordinate receipt of and become responsible for proper storage and handling of materials furnished by Client. 4.10 In conjunction with the Architect, create a comprehensive punch list and cause the resolution of each deficiency within thirty (30) days after Substantial Completion. 4.11 Provide all documentation of guarantees, warranties and operating manuals to Client 4.12 Note all field changes on plans for inclusion in as-builts documents. As-builts to be provided on both hard copy and electronic format. Page 16 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ ATTACHMENT "B-1" LIST OF GENERAL CONDITIONS Field and home staff administration and supervision based on the Project Schedule: Raw Costs Burden % of Time No of Weeks Project Manager $ /wk x % x x Wks Project Engineer $ /wk x % x x Wks Superintendent $ /wk x % x x Wks $ /wk x %x x Wks $ /wk x %x x Wks $ /wk x %x x Wks $ /wk x %x x Wks Total Indicate the percentage of time your personnel will be dedicated solely to this project: Project Manager Superintendent % Project Engineer 2) Field Engineering Labor with burden 3) Field Engineering Equipment and Supplies 4) Field Project Office 5) Safety Supervisor Inspections 6) Temporary Fire Extinguishers and Safety Equipment /Labor 7) Office Furniture 8) Office Supplies 9) Postage 10) Federal Express/Courier Services 11) Miscellaneous Printing 12) Copy Machine and Paper 13) Office Equipment 14) Telephone and Fax Service 15) Personal Computers On Site 16) Janitorial Services 17) Vehicle Rental 18) Vehicle Fuel, Maintenance, Insurance, and Repair 19) All Risk Builder's Risk Insurance 20) Liability Insurance(Prorata Share) 21) Project Scheduling Services 22) Project Accounting Services 23) Construction Clean-Up with burden 24) Final Clean-Up = C.O.W. 25) Dumpster Fees = C.O.W 26) Building Permit = $ 27) Other 28) Other 29) Other 30) Other ______________________ Subtotal: (Items 2-30) Maximum General Conditions (Items 1-31) Note: Please indicate with a N/A the items above that, in your opinion, do not apply to this project. Please indicate with a "0" (zero) the items above that are included in your fee. Estimate the following items which will be reimbursed as Cost of the Work: Contractor's P & P Bond Cost Building Permit Fees $ C.O.W % Page 17 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ PART “B” DETAILED INFORMATION Part "B" submission: (1) Organizational Experience and References: (a) Name of firm (b) Address of Principal Office (c) Phone Number (d) Fax Number (e) Email Address and/or Web Address (f) Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, other?) (g) Year Founded (h) Primary individual to contact (i) List the major projects constructed by your firm within the last five (5) years in similar scope and size to the project herein. For each project provide the name, nature of the project and function of the building, size (square feet), locations, cost, completion date, Owner and Architect, and the manner in which your organization was selected (Bid, RFP, CM, or other method). (2) Organizational Chart and Resumes of the Project Team : (a) Given the scope and schedule of the project, identify the specific Project Manager, Estimator, and Superintendent who would work on the project. Provide a resume and references for each individual (3) Definition of Cost of the Work (4) Comments, Clarifications and Exclusions (5) Certificates of Insurance (sample) (6) Safety Program and Record (a) State your organizations safety plan and accident rate. (b) List your organizations Workers Compensation Experience Multiplication Rate/EMR for the last five (5) years as obtained from your insurance agent (7) Financials and Background (a) Attach a financial statement, certified by a public accountant and audited, including your organization's latest balance sheet and income statement showing the following items: (i) Current assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses) (ii) Noncurrent assets (e.g., net fixed assets, other assets). (iii) Current liabilities (e.g., accounts payable, notes payable (current), accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes). (iv) Noncurrent liabilities (e.g., notes payable). (v) Capital accounts and retained earnings (e.g., capital, capital stock, authorized and outstanding shares par value, earned surplus and retained earnings). (b) Name and address of firm preparing attached financial statement and date thereof. (c) Is the attached financial statement for the identical organization named under item (a) above? If not explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent and subsidiary). (d) Provide name, address, and phone for bank reference (e) Surety: name of bonding company, name and address of agent. Proof of ability to bond will be required prior to selection.' (f) Include a commitment letter from the subcontractor's, supplier's, and vendor's bonding agency for all proposed contracts over $50,000. (g) Documentation that no single client of all proposed vendors, subcontractors, contractors, and suppliers represents more than 20% of gross revenues for these companies. (8) Claims and Suites: (a) List all lawsuits or requested arbitration with regard to construction contracts over the past five (5) years. (b) List all judgments, claims, arbitration proceedings, or suites pending against your organization. (c) State whether your organization has ever failed to complete any work. roberto.luna Highlight Page 18 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ PART II - REQUIRED DOCUMENTATION Please note this Section may not address all documentation required by the RFP. The Proposer is cautioned to read the entire RFP to determine all requirements. CAMERON COUNTY RESERVES THE RIGHT TO REJECT ANY RFP WHICH DOES NOT CONTAIN ALL INFORMATION REQUIRED BY THIS RFP. Proposals shall include all of the information solicited in this RFP, and any additional data that the Proposer deems pertinent to the understanding and evaluation of the Proposal. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Submittal of a RFP shall constitute the Proposer's agreement and intent to follow and adhere to all statements, offerings and monetary incentives contained within this Proposal. In conjunction with other material and information requested in the RFP, Part “A”, all Proposers responding to this solicitation shall provide one (1) original and seven (7) copies and all attachments of the following in 8 1⁄2 " by 11" format, clearly legible, tabbed and in a binder. To achieve a uniform review process and to obtain a maximum degree of comparability, Cameron County requires that RFP information be submitted in the following order: Part “A” Table of Contents List title of each tabbed section and title of any additional information included in this Proposal. Tab 1 - Transmittal Cover (Format and Content: Please included in your RFP’s / RFQ’s as part of your cover). Executive Summary (2 pages max.) Submit a signed letter (Executive Summary) briefly addressing the services to be provided by Proposer. Introduction ( 2 pages max.) Proposals must include confirm that the firm will comply with all of the provisions in this RFP. If exceptions will be taken it should be so noted. Proposals must be signed by a company officer empowered to bind the company. A proposer's failure to include these items in their proposals may cause their proposal to be determined to be non-responsive and the proposal may be rejected. Include the following: Firms Name, Address, Phone #, Contact Name, Phone #, Email address. Understanding of the Project ( 1 pages max.) Proposers must provide a comprehensive narrative statement that illustrates their understanding of the project as proposed and detail schedule (timeline). Methodology Used for the Project ( 1 page max.) Proposers must provide a comprehensive narrative statement that sets out the methodology they intend to employ and that illustrates how their methodology will serve to accomplish the work and meet project schedule. Management Plan for the Project ( 1 page max.) Proposers must provide a comprehensive narrative statement that sets out the management plan they intend to follow and illustrates how their plan will serve to accomplish the work and meet project schedule. Page 19 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Provide list specific to the personnel assigned to accomplish the work called for in this RFP; illustrate the lines of authority; designate the individual responsible and accountable for the completion of the proposed project. Provide a narrative description of the organization of the project team. Provide a personnel roster that identifies each person who will actually work on the contract and provide the following information about each person listed and Title; RFP MAG Guarantee per Proposal ( 1 page max.) Proposer's MAG Guarantee associated with this offer. Tab 2 - Proposed General Contractor Information (PART “B” DETAILED INFORMATION) Tab 3 - Authorization to Do Business in Texas and Management / Organization Evidence of authorization and if incorporated: certificate of good standing issued by the Secretary of State of Texas indicating Proposer is authorized to conduct business within the State of Texas. If Business is an individual: proof of registration with Cameron County doing business under assumed name (d/b/a). Tab 4 - RFP Bond A Cashier's Check, Certified Check, or acceptable Proposer's Bond payable to Cameron County, in the amount of not less than 5% of the larges possible total for the proposal submitted, must accompany each proposal in Part "A" of the Proposal submission. As a guarantee that if the Proposer receives an award, the Proposer will enter into a contract for services and submit proof of any required insurance. Checks of unsuccessful proposers will be returned. If the successful Proposer fails to satisfy all pre-work requirements or commence work after award, that Proposer shall forfeit this security deposit. Cameron County shall retain it as liquidated damages. Tab 5 – Price Proposal Proposer shall provide a detailed breakdown of the total project cost Tab 6 - Security (Performance Bond) The selected Proposer, within 30 days of the time of the execution of the Construction Agreement, shall furnish the County with a valid security (performance) deposit for the amounts detailed in Construction Agreement. Tab 7 - Time Frame Describe the time frame for proposed construction of improvements of the proposed emergency generator upgrade. Project commencement date (number of months after construction contract is approved by the Cameron County Commissioners Court.) Project completion date (emergency generator in working/running conditions). Tab 8 – Changes / Deviations Requested changes to Construction Agreement List any requested changes to the draft construction Agreement. Each requested change shall reference the lease article and page number. All terms and conditions in the Draft Construction Agreement are final unless any requested changes are approved and agreed upon. The County has the right to negotiate the terms and conditions with the selected Proposer. Deviations to terms, conditions and specifications Any deviations from the terms, conditions and technical specifications and/or schematic drawings listed herein must be clearly indicated; otherwise, it will be considered that the RFP offered is in strict compliance with roberto.luna Highlight roberto.luna Highlight Page 20 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ these specifications and the successful Proposer will be held responsible. Tab 9 - References - Mandatory Complete & include Attachment A three (3) references page. References to include (3) three business/Commercial references and one (1) creditor or bank. Tab 10 - All other information required by this RFP (Please note if applicable: All design documents must be reviewed and approved by Cameron County prior to any construction. It is the responsibility of the selected Proposer to obtain and comply with all permits, licenses and authorizations as may be applicable from all governing agencies having jurisdiction over the construction site/building). Proposer must submit the following documents after contract award: Insurance documentation within ten (10) days from execution of the contract. Payment and Performance Bonds. Permits. All other information required in this RFP Tab 11 - Acknowledgment of compliance with the American Rescue Plan Act of 2021 (ARPA) Please see Appendix A “ FHWA 1273” & Appendix B “Super Circular- Procurement Standards 2 CFR Parts 200.317 – 200.327” Deviations All Proposals must clearly and with specific detail, note all deviations to the exact requirements imposed upon the Proposer by the specifications. Such deviations must be stated upon the RFP Form; otherwise Cameron County will consider the subject Proposals as being made in strict compliance with said specifications to Proposers, the Proposer being held therefore accountable and responsible. Proposers are hereby advised that Cameron County will only consider Proposals that meet the exact requirements imposed by the specifications; except, however, said Proposals may not be subject to such rejection where, at the sole discretion of Cameron County, the stated deviation is considered to be equal or better than the imposed requirement and where said deviation does not destroy the competitive character of the RFP process by affecting the amount of the RFP such that an advantage or benefit is gained to the detriment of the other Proposers. Records & Right to Audit The Proposer shall maintain such financial records and other records as may be prescribed by the County or by applicable federal and state laws, rules, and regulations. The Proposer shall retain these records for a period of three (3) years after final payment, or until they are audited by the County, whichever event occurs first. These records shall be made available during the term of the Concession Agreement and the subsequent three-year period for examination, transcription, and audit by the County, its designees, or other authorized entities. Modifications Due to Public Welfare or Change in Law The County shall have the power to make changes in the Concession Agreement as the result of changes in law and/or Ordinances of Cameron County to impose new rules and regulations on the Proposer under the Concession Agreement relative to the scope and methods of providing services as shall from time-to-time be necessary and desirable for the public welfare. The County shall give the Proposer notice of any proposed change and an opportunity to be heard concerning those matters. The scope and method of providing services as referenced herein shall also be liberally construed to include, but is not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Proposer. In the event any future change in Federal, roberto.luna Highlight roberto.luna Highlight roberto.luna Highlight roberto.luna Highlight Page 21 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ State or County law or the Ordinances of Cameron County materially alters the obligations of the Proposer, or the benefits to the County, then the Concession Agreement shall be amended consistent therewith. Should these amendments materially alter the obligations of the Proposer, then the Proposer or the County shall be entitled to an adjustment in the rates and charges established under the Concession Agreement. Nothing contained in the Concession Agreement shall require any party to perform any act or function contrary to law. The County and Proposer agree to enter into good faith negotiations regarding modifications to the lease which may be required in order to implement changes in the interest of the public welfare or due to change in law. When such modifications are made to the Concession Agreement, the County and the Proposer shall negotiate in good faith, a reasonable and appropriate adjustment for any changes in services or other obligations required of the Proposer directly and demonstrably due to any modification in the lease under this clause. Right to Require Performance a. The failure of the County at any time to require performance by the Proposer of any provision hereof shall in no way affect the right of the County thereafter to enforce same. Nor shall waiver by the County of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. a. In the event of failure of the Proposer to deliver services in accordance with the lease terms and conditions, the County, after due written notice, may procure the services from other sources and hold the Proposer responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have. NON-PERFORMANCE a. Time is of the essence in this contract and failure to deliver the services specified shall be considered a default. b. In case of default, the County may procure the services from other sources and hold the Proposer responsible for all costs occasioned there by and may immediately cancel the contract. SPECIAL PROVISIONS a. PUBLIC ENTITY CRIMES - Any person submitting a RFP or RFP in response to this invitation certifies that they are aware of, and in compliance with, all requirements under Section 287.133, Texas Statutes, on Public Entity Crimes. Prior to RFP award, the recommended Proposer may be required to submit a sworn statement attesting to compliance with said statute. b. PERMITS AND LICENSES - The Proposer agrees to secure all necessary licenses and permits prior to award and agrees to comply with all Federal and State laws, and Minor Irregularities The County reserves the right to waive minor irregularities in RFP’s, providing such action is in the best interest of the County. Minor irregularities are defined as those that have no adverse effect on the County's best interests, and will not affect the outcome of the selection process by giving the Proposer an advantage or benefit not enjoyed by other Proposers. Governing Laws Except to the extent Federal law is applicable, the laws and regulations of the State of Texas, and the County of Cameron, Texas, shall govern the interpretation, effect, and validity of any contract(s) resulting from this RFP. Venue of any court action shall be in Cameron County. In the event that a suit is brought for the enforcement of any term of the contract, or any right arising there from, the parties expressly waive their respective rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the adjudication of such suit. Page 22 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ INSURANCE AND LIABILITY During the period of this Contract, contractor shall maintain at his expense, insurance with limits not less than those prescribed below. With respect to required insurance, Contractor shall: a. Name County as additional insured, as its interests may appear, b. Provide County a waiver of subrogation, c. Provide County with a thirty (30) calendar days advance written notice of cancellation or material change to said insurance, d. Provide the County Purchasing Agent at the address shown on Page 1 of this contract, a Certificate of Insurance evidencing required coverage within ten (10) calendar days after receipt of Notice of Award. Also, please assure your certificate contains the contract number as indicated on the Contract Award form when issued by Cameron County. All insurance policies shall be issued by insurers licensed to do business in the State of Texas and any insuring company is required to have a minimum rating of B, Class VIII in the "Best Key Rating Guide" published by A.M. Best & Company, Inc., e. Loss Deductible Clause: The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Proposer and/or subcontractor providing such insurance, and f. Submit an original certificate of insurance reflecting coverage as follows: Automobile Liability: Bodily Injury (Each person) $250,000.00 Bodily Injury (Each accident) $500,000.00 Property Damage $500,000.00 General Liability (Including Contractual Liability): Bodily Injury (Per occurrence) $5,000,000.00 Bodily injury Aggregate $10,000,000.00 Property Damage (Per occurrence) $5,000,000.00 Property Damage Aggregate $10,000,000.00 Fire Damage $5,000,000.00 Medical Expense (Anyone (1) person) $5,000,000.00 Excess Liability: Umbrella Form Not Required Worker's Compensation: Statutory ..................................... g. INDEMNITY The Proposer covenants and agrees that it will indemnify and hold harmless the COUNTY and all of the County’s officers, agents, and employees from any claim, loss, damage, cost, charge, attorney's fees and costs, or any other expense arising out of any act, action, neglect, or omission by Proposer during the performance of the contract, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties may be subject, except that neither the Proposer nor any of its subcontractors, or assignees, will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY or any of its officers, agents, or employees. Page 23 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ d. PROTECTION OF PERSONS AND PROPERTY 1) The Proposer will take all reasonable precautions for, and will be responsible for initiating, maintaining and supervising all programs relating to the safety of all persons and property affected by, or involved in, the performance of his operations under this contract. 2) The Proposer will take all reasonable precautions to prevent damage, injury or loss to: (a) all persons who may be affected by the performance of his operations, including employees; (b) all materials and equipment; and (c) all property at or surrounding the work site. In an emergency affecting the safety of persons or property, the Proposer will act, with reasonable care and discretion, to prevent any threatened damage, injury or loss. i. Companies issuing the insurance policy, or policies, shall have no recourse against the County for payment of premiums or assessments for any deductibles which all are the sole j. PROPOSERS may, at the COUNTY'S request, be required to provide proof that their firm meets the preceding insurance requirements, by submission of Certificates of Insurance Coverage(s), prior to award of the Contract. Page 24 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment A RFP Title __________________ Proposer’s Name__________________ Date: __________ REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this RFP. THIS FORM MUST BE RETURNED WITH YOUR RFP. REFERENCE ONE Government/Company Name:______________________________________ Address:___________________________________________________________ Contact Person and Title:_______________________________________________ Phone:_______________________________ e-mail address:____________________________ Contract Period:____________________ Scope of Work______________________ REFERENCE TWO Government/Company Name:________________________________________ Address:_____________________________________________________________ Contact Person and Title:________________________________________________ Phone:____________________________ e-mail address:____________________________ Contract Period:____________________ Scope of Work______________________ REFERENCE THREE Government/Company Name:___________________________________________ Address:_______________________________________________________________ Contact Person and Title:___________________________________________________ Phone:__________________________ e-mail address:____________________________ Contract Period:_________________ Scope of Work__________________________ Page 25 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ THIS FORM MUST BE RETURNED WITH YOUR RFP BANK OR CREDITOR REFERENCES REFERENCE Government/Company Name:_____________________________________________ Address:______________________________________________________________ Contact Person and Title:_________________________________________________ Phone:_______________________________ e-mail address:____________________ Contract Period:____________________ Scope of Work______________________ THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL Page 26 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment B STATE OF TEXAS COUNTY OF CAMERON AFFIDAVIT The undersigned certifies that the RFP prices contained in this RFP have been carefully checked and are submitted as correct and final and if RFP is accepted (up thru RFP award date), agrees to furnish any and/or all items upon which prices are offered, at the price(s) and upon the conditions contained in the Specifications. BEFORE ME, the undersigned authority, A Notary Public in and for the State of _______, on this day personally appeared ___________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing RFP submitted by___________________________________ hereinafter called “Proposer” is the duly authorized agent of said company and that the person signing said RFP has been duly authorized to execute the same. Proposer affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this RFP in collusion with any other Proposer. The Proposer is not a member of any trust, pool, or combination to control the price of products or services RFP on, or to influence any person to RFP or not to RFP thereon. I further affirm that the Proposer has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted RFP. The contents of this RFP as to prices, terms or conditions of said RFP have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this RFP. Name and Address of Proposer: ________________________________ ________________________________ ________________________________ Telephone number_______________ Fax number_______________________ _______________________________________ Signature Name:__________________________________ Title:__________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS__________day of____________20_______. ___________________________ _________ Notary Public in and for County State THIS FORM MUST BE RETURNED WITH YOUR RFP Page 27 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code 2252.001 et seq., as amended, Cameron County requests Residence Certification. 2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of 2252.001 are stated below: “Nonresident Proposer” refers to a person who is not a resident. “Resident Proposer” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.  I certify that ______________________________________________________is a Resident (Company Name) Proposer of Texas as defined in Government Code 2252.001.  I certify that ___________________________________________________ is a Nonresident (Company Name) Proposer as defined in Government Code 2252.001 and our principal place of business is _____________________________________________________________________. (City and State) Print Name:________________________________________Signature:______________________________________ THIS FORM MUST BE RETURNED WITH YOUR RFP Page 28 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment D CAMERON COUNTY EXPRESSLY REQUESTS THAT PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER PROPOSERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-PROPOSAL CONFERENCES, EVALUATION COMMITTEE SCHEDULED PROPOSER PRESENTATIONS OR PROPOSER INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE ASST. AUDITOR / PURCHASING DEPARTMENT AT ANY TIME. FROM RFP OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS WILL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS BID. 01. Has any individual with the firm submitting this Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to RFP, other than questions to the Assistant County Auditor/Purchasing Officer? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ____________________________________________________________________________________________________ 02. Has any individual with the firm submitting this Proposal Response made any contact with any other Proposer concerning this Invitation to RFP? __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ _______________________________________________________________________________________________________ _________________________________________ _________ Signature of person submitting this RFP Date THIS FORM MUST BE RETURNED WITH YOUR RFP Page 29 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section 262.0276, a commissioner’s court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest successful proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Taxpayer Identification Number (T.I.N.):________________________________________________________ Cameron County Acct #’s: Real Estate ___________________________ Personal Property___________________ 01. Is the person or the firm submitting this RFP current with all local and State taxes? ________________________________________________________________________ ____________________________________________________ _________ Signature of person submitting this RFP Date THIS FORM MUST BE RETURNED WITH YOUR RFP Page 30 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment F Certification Regarding Debarment, Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the Proposer certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default. Company name:________________________ Signature: _________________ ________________ _ Print Name: ____________________ Title: ___________________________________ _ Telephone Number: ________________ ______ _ Date: ___________________ If the Proposer is unable to certify to all of the statements in this Certification, such Proposer should attach an explanation to this RFP Response. THIS FORM MUST BE RETURNED WITH YOUR RFP Page 31 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment F (page 2) SWORN STATEMENT ON DEBARMENT This SWORN statement is submitted with project number ______________________________________ By: _________________________________________________________________________________ (PRINT INDIVIDUALS NAME AND TITLE) For: ________________________________________________________________________________ (PRINT NAME OF ENTITY SUBMITTING SWORN STATEMENT) whose business address is: ___________________________ __________________ ______________ _______________________ CITY STATE ZIP VOICE PHONE and if applicable its Federal Employee Identification Number (FEIN) is: __________________________ (INDICATE WHICH STATEMENTS APPLY) _____ Neither the entity submitting this SWORN statement, nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime. _____ The entity submitting this SWORN statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity HAS BEEN CHARGED WITH AND CONVICTED OF A PUBLIC ENTITY CRIME. _____ The entity submitting this SWORN statement is not present on any Federal list of debarred contractors, nor been debarred from any other type of contracting. ______________________________ AUTHORIZED SIGNATURE ______________________________ _____________________ (Printed Name) (Title) Sworn to and subscribed before me this ______ day of _______________, _____. Personally known ____________ OR Produced identification ____________________________________ SHOW TYPE OF IDENTIFICATION Notary Public State of ________, County of _____________ My commission expires ___________ ____________________________________________________________________________ (PRINTED/TYPED/ OR STAMPED COMMISSIONED NAME OF NOTARY PUBLIC) THIS FORM MUST BE RETURNED WITH YOUR RFP Page 32 of 120 RFP # 230702 SANTA ROSA PARK IMPROVEMENTS – PHASE II Responder’s signature/initials: __________ Attachment F-2 Architects, Engineers, Construction The applicant certifies, to the best of his or her knowledge and belief, that the information noted below for it and its principals are accurate: a. List all previous law suits with Public entities and the results of such suits over the past 7 years. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ __________________ b. List all projects that have exceeded Budget, what % over budget and why – over the past 5 years. ______________________________________________________________________ ______________________________________________________________________ ________________________