1 Bid #04192016-013

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VENDOR CSP CHECKLIST
Read the entire document. Note critical items such as: mandatory
requirements; supplies/services required; submittal dates; number of
copies required for submittal; licensing requirements; contractual
requirements
(i.e.,
contract
performance
security,
insurance
requirements, performance and/or reporting requirements, etc.).
2. ________ Note the Accounting, Procurement & Contracts Coordinators name,
address, phone number and email address. This is the only person you
are allowed to communicate with regarding the CSP.
3. ________ Attend the pre-proposal conference. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of
the project, or to notify the Department of any ambiguities,
inconsistencies, or errors in the CSP. There are no minutes or recordings
of these meetings.
4. ________ Take advantage of the “question and answer” period. Submit your
questions to the Accounting, Procurement & Contracts Coordinator by the
due date listed in the schedule and view the answers given in the formal
addenda issued for the CSP. All addenda issued for the CSP are posted on
the website at www.brookscity-base.com and will include all questions
asked and responses concerning the CSP.
5. ________ Follow the format required in the CSP when preparing your response.
Provide point-by-point responses to all sections in a clear and concise
manner.
6. ________ Provide complete answers/descriptions. Read and answer all questions
and requirements. Don’t assume the Department or evaluation committee
will know what your company capabilities are or what items/services you
can provide, even if you have previously contracted with the Department.
The proposals are evaluated based solely on the information and materials
provided in your response.
7. ________ Use the forms provided, i.e., references form, conflict of interest
questionnaire, etc.
8. ________ Check the BDA website for CSP Addenda.
It is the vendor’s
responsibility to check the BDA website at www.brookscity-base.com for
any addenda issued for this CSP.
9. ________ Review and read the CSP document again to make sure that you have
addressed all requirements. Your original response and the requested
copies must be identical and be complete. The copies are provided to the
evaluation committee members and will be used to score your response.
10. ________ Submit your response on time. Note all the dates and times listed on
the Schedule and within the document, and submit all required items on
time. Late proposal responses are not accepted.
1. ________
CSP for Brooks Linear Park
Bid #04192016-013
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COMPETITIVE SEALED PROPOSALS (CSP)
FOR
BROOKS LINEAR PARK
Bid #04192016-013
April 19, 2016
Proposals will be received by the BROOKS DEVELOPMENT AUTHORITY at 3201 Sidney
Brooks, San Antonio, TX 78235 until 10AM CST, on May 24, 2016 for the project –
Brooks Linear Park in accordance with the Scope of Work, Plans and Specifications.
Plans and Specifications will be available at Thomas Reprographics (1223 Arion
Parkway, San Antonio, TX 78216; 210-829-7000).
Proposals may be downloaded at www.brookscity-base.com.
Envelopes containing proposals are to be addressed as follows:
Brooks Development Authority- CSP for Brooks Linear Park
ATTN: Lucynda Massey, Procurement Manager
3201 Sidney Brooks
San Antonio, Texas 78235:
“BDA reserves the right to reject any or all Proposals and reserves the right to
issue a subsequent Invitation for Bid or cancel the entire Invitation for Bid
process. BDA reserves the right to contact any Respondent for clarification after
responses are opened and/or to further negotiate with any Respondent if such
clarification is deemed desirable by BDA. BDA reserves the right to evaluate the
responses submitted, to waive any informalities and irregularities therein, to
select candidates for interview, or to reject any or all submittals should it be
deemed in BDA’s best interest. BDA reserves the right to negotiate with any, all
or none of the Respondents.”
It is the policy of the BDA to encourage involvement of qualified Small, Minority, WomenOwned Business Enterprises (SMWBE) and Local Business Enterprises in soliciting and
awarding competitive contracts in accordance with the specific goals adopted by the BDA
Board of Directors.
CSP for Brooks Linear Park
Bid #04192016-013
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COMPETITIVE SEALED PROPOSALS (CSP)
TYPE OF BID
FOR
BROOKS LINEAR PARK
BID #04192016-013
PROJECT
APRIL 19, 2016
ISSUE DATE
MAY 2, 2016
10:00 AM
MANDATORY PRE-PROPOSAL MEETINGS:
3201 SIDNEY BROOKS
SAN ANTONIO, TX 78235
FINAL QUESTIONS ARE DUE BY 10 AM ON MAY 9, 2016. THERE WILL BE NO
EXCEPTIONS FOR LATE QUESTIONS.
RESPONSES TO ALL QUESTIONS WILL BE POSTED TO THE WEBSITE
BY THE END OF BUSINESS ON MAY 16, 2016.
MAY 24, 2016
10:00 AM
SUBMITTAL DEADLINE
*BDA will not take minutes or record this meeting. There will be no additional site visits for
this project.
**The BDA offices will be closed on April 22, 2016 in observance of Battle of Flowers.
CSP for Brooks Linear Park
Bid #04192016-013
3
TABLE OF CONTENTS
I.
GENERAL INFORMATION
5
II.
SCOPE OF WORK
5
III.
SCHEDULE
5
IV.
PROCEDURES FOR SUBMISSION
6
V.
PREPARATION OF PROPOSALS
6
VI.
CSP REQUIREMENTS AND SELECTION PROCESS
7
VII.
INQUIRIES
11
VIII.
STANDARD TERMS AND CONDITIONS
11
IX.
SPECIAL TERMS AND CONDITIONS
14
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X.
Appendix A – Contractor’s Qualifications Statement
Appendix B - General Notes for Construction Contracting
Appendix C – Scope of Work
Appendix D - Confidentiality Statement
Appendix E – Insurance Requirement Affidavit
Appendix F– Price Proposal Affidavit
 Exhibit 1 – Price Proposal Schedule;
 Exhibit 2 – Bid Form
Appendix G - Small Business Economic Development
Advocacy (SBEDA) Requirements
 Historically Good Faith Effort Plan;
Appendix H - Debarment and Suspension Certification
Appendix I – Ethics Ordinance Required Disclosure
 Conflict of Interest
Appendix J – Indemnification Requirements
Appendix K– Retainage and Final Payment
Appendix L – Addendums
PROPOSAL CHECKLIST
CSP for Brooks Linear Park
Bid #04192016-013
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4
COMPETITIVE SEALED PROPOSALS (CSP)
FOR
BROOKS LINEAR PARK
BROOKS DEVELOPMENT AUTHORITY (BDA)
SAN ANTONIO, TEXAS 78235
I.
GENERAL INFORMATION
The purpose of this CSP is to solicit a qualified contractor for the new construction of
an approximately 43 acres park with playgrounds, fitness stations, recreation areas,
pavilions, public art, and other associated site improvements, in accordance with the
scope of work, plans and specifications. It is BDA’s desire to award this contract to one
firm. Plans and Specifications will be available at Thomas Reprographics (1223
Arion Parkway, San Antonio, TX 78216; 210-829-7000). The estimated project
budget is $8,000,000.
BDA is a Defense Based Authority and Political Subdivision of the State of Texas created
by the San Antonio City Council pursuant to the provisions of Chapter 379B of the Texas
Local Government Code by resolution 2001-36-39. BDA is governed by an eleven (11)
member board of directors appointed by the San Antonio City Council. BDA staff is
charged with overseeing the management, marketing, and development, leasing and
selling the real property of Brooks City-Base (BC-B) project. BDA’s overall mission is to
promote, develop, and sustain BC-B as a vibrant community and catalyst for progressive
economic development and prosperity.
II.
SCOPE OF WORK (SOW)
See Appendix C.
III.
SCHEDULE
The proposal phase schedule is as follows:
BDA releases CSP
Mandatory Pre-Bid Meetings
All questions due
Proposal due
April 19, 2016
May 2, 2016 @10:00 am
May 9, 2016 @10:00 am
May 24, 2016 @10:00 am
i.
Contractor must attend the Mandatory Pre-Bid meetings (BDA will not take
minutes or record this meeting).
ii.
It is imperative that contractor read/review the Scope of Work, Specifications
and Plans prior to the pre-bid meeting. Please bring all necessary personnel
to the Pre-Bid meeting.
iii.
Written questions may be submitted, but will not be answered individually.
A comprehensive list of all inquiries received by 10:00 am May 9, 2016 will
be answered and posted on the BDA website by close of business on May
16, 2016. Under no circumstances will questions be taken after this
time and date.
CSP for Brooks Linear Park
Bid #04192016-013
5
IV.
PROCEDURES FOR SUBMISSION
Interested individuals and/or firms are invited to submit the following:
1. CSP must be typewritten or computer generated. Handwritten CSP’s will not be
accepted. Proposals, without attachments (i.e., resumes, copies of previous work,
reports, etc.), should not be greater than 20 pages (8 1/2 x 11). Font should be legible
and no less than 12pt; all paragraphs single spaced.



BDA requests that only relevant information to the type of project be included.
Vast amounts of marketing material are discouraged and will count toward the
20 page maximum.
The Appendices do not count toward the 20 page limit.
2. Each RESPONDENT must submit:

One (1) original hard copy of the proposal (including appendices A-L) in a three
ring binder. BDA requests that appendices not be manipulated with software.
Typed or handwritten appendixes are acceptable. The original set of documents
must be signed by a person with the authority to bind the RESPONDENT to a
legal document; and

One (1) CD-Rom or USB drive containing the proposal (without appendices)
which specifically address the criteria as referenced on page 7; limited to 20 pages
(Do not include copies of the Appendices on the CD-ROM or USB drive. It is
the responsibility of the bidder to ensure that all copies of the CD-ROMS or
USB drives are readable and not corrupt).
3. CSP must be submitted in a sealed envelope prior to 10:00 am on May 24, 2016
(SUBMISSIONS WILL NOT BE ACCEPTED AFTER THIS DEADLINE.
SUBMISSIONS TRANSMITTED BY FAX OR EMAIL WILL NOT BE ACCEPTED
UNDER ANY CIRCUMSTANCES), marked on the outside as follows:
Brooks Development Authority BID #04192016-013
Attn: Procurement Manager
3201 Sidney Brooks
San Antonio, Texas 78235
V. PREPARATION OF PROPOSALS:
Offerors are notified that this is a performance based solicitation.
These
performance-based specifications express the BDA’s requirements as the minimum
quality standard to be met. The Respondent is considered an industry expert as
such, is expected to determine the optimal work schedule, resource allocations, and
performance methods. BDA will consider the terms and conditions for the
performance of service, including the type and cost of services to be provided, and
will select the firm or firms offering a proposal deemed most advantageous to BDA.
Therefore, it is strongly advised Respondents review the complete solicitation to
ensure awareness of all terms and conditions. Throughout this solicitation, the
terms “shall” and “must” are used. “Shall” and “must” denote the imperative. They
indicate an obligation to act. In this solicitation, and any resulting contract, “shall”
and “must” have the same meaning.
CSP for Brooks Linear Park
Bid #04192016-013
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It is the BDA’s desire to award one contract to the Respondent offering the best value
to the BDA. Selection will be based on the Respondent completing all of Appendicies
A – L and meeting the requirements stated in the Scope of Work, Plans and
Specifications.
Plans and Specifications will be available at Thomas
Reprographics (1223 Arion Parkway, San Antonio, TX 78216; 210-829-7000).
VI.
CSP REQUIREMENTS AND SELECTION PROCESS:
GENERAL REQUIREMENTS
A. There are four (4) criteria for this bid. It is important that the proposals
contain enough information to allow the evaluation team to address
the scoring criteria.
a.
b.
c.
d.
e.
Relevant Experience/Past Performance
Price
Key Personnel and Schedule
Schedule
Small Business Economic Development
Advocacy (SBEDA)
25
25
20
10
points
points
points
points
20 points
B. The Evaluation Committee will utilize the information provided in
response to the questions listed below to evaluate proposals.
Proposals submitted in response to this CSP shall specifically address
the information listed below. The information requested must be
presented in the order indicated. Please ensure that the proposal
clearly reflects the Criteria and the Scope of Work as identified
within:
1. Table of contents
2. Executive Summary:
Respondent must provide an executive summary of its CSP and a
representation that the consultant addresses all of the requirements of
the CSP to include the following:
1. Respondent Name: Business name, DBA (if applicable) and
principal contact person, including office location, address,
telephone number, fax number and e-mail address.
i.
ii.
All other names by which your firm has been known and length
of time known by each name; and
The address of your firm’s website (if applicable).
2. Provide a narrative addressing why your firm has the expertise to
provide the services outlined in the Scope of Work.
3. Where joint ventures will be utilized provide a copy of the legal
documentation establishing the joint venture. A joint venture is
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Bid #04192016-013
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defined as a business undertaking by two or more parties in
which profits, losses, and control is shared.
Joint Ventures: To submit as a joint venture, it must be a
legally formed entity. Please provide the following information
regarding the joint venture:
The legal documentation establishing the Joint
Venture;
ii. Experience and Qualifications of the Joint Venture;
iii. Joint Venture Information (i.e. address, phone number,
email address, and etc.); and
iv. Point of Contact.
i.
4. Where sub-consultants will be utilized for a substantial (over 20%)
portion of the contract, indicate whether the sub-consultant(s) have
worked with Respondent on comparable projects in the past. A subconsultant is defined as an individual or in many cases a
business that signs a contract to perform part or all of the
obligations of another's contract. Clarify any subcontractor
relationships in detail.
Sub-consultants: If available please provide
information regarding any key sub-consultants:
i.
ii.
iii.
the
following
Experience and Qualifications;
Company Information; and
Point of Contact.
Criteria 1 - Relevant Experience/Past Performance
(25 points)
a. Demonstrate firm’s experience with construction of similar type of
scope.
b. Provide a table of the Company’s completed past projects with
experience as the general contractor for the last 60 months to
including project cost, schedule, total change orders, and change
order amount per project on.
c. Include a list of verifiable references on similar or related contracts,
including company or client’s name, address, telephone number,
and contact person.
Criteria 2 – Price
(25 Points)
Submit a complete bid proposal which includes all cost of work (COW) with
stated allowances, contingencies, and unit prices. Total price must
include performance and payment bonds. Please note, contractor shall
hold bid for 90 days or until approved by the BDA Board of Directors.
CSP for Brooks Linear Park
Bid #04192016-013
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Criteria 3 – Key Personnel
(20 points)
a. Identify key personnel and team hierarchy.
b. Provide information regarding capabilities and experience of
personnel directly assigned to this project that include the
following:
 Identify General Contracting firm’s Project Manager and Project
Superintendent with their length of time with firm and level of
experience; and
 Identify the percent of a 40 hour work week that the Project
Manager and other key personnel assigned to the project will
dedicate to it each week through project completion. The
project Superintendent will be full time on site during the entire
construction period.
Criteria 4 – Schedule
(10 points)
Submit a detailed Gantt chart schedule identifying critical path
relationships and duration of each phase of work with key milestones.
State total calendar days proposed to complete the project from NTP
to Substantial Completion.
Criteria 5 – SBEDA
(20 points)
It is the policy of the BDA to encourage involvement of qualified Small,
Minority, Women-Owned Business Enterprises (SMWBE) and Local
Business Enterprises in soliciting and awarding competitive contracts
in accordance with the specific goals adopted by the BDA Board of
Directors.
Qualified General Contractors are to submit SMWBE certifications
listed below, if work is to be performed by its own forces (define scope
of work and associated cost). Submit a listing of proposed SMWBE
1st tier & lower tier subcontractors and material suppliers with their
associated scope of work and cost. Identify each Subcontractor’s
certification(s) that are listed below. To achieve LBE, please provide
physical address of company (include County).
Point allocation:
a. *LBE (Local Business Enterprise)
b. DBE/HUB (Disadvantaged Business Enterprise/
Historically Underutilized Business)
c. SBE (Small Business Enterprise)—
d. AABE (African American Business Enterprise)
e. MBE (Minority Business Enterprise)
f. WBE (Woman-Owned Business Enterprise)
g. GFE (Good Faith Effort)
CSP for Brooks Linear Park
Bid #04192016-013
10 points
5
1
1
1
1
1
points
point
point
point
point
point
9
BDA Goals are as follows:
a.
b.
c.
d.
SBE (Small Business Enterprise)
MBE (Minority Owned Business)
WBE (Women-Owned Business)
AABE (African-American Owned Business)
50%
24%
11%
1.5%
*A LBE is defined as a the firm headquartered or having a significant
presence for at least one year within the Relevant Marketplace, defined as:
an established place of business in one or more of the eight counties that
make up the San Antonio Metropolitan Statistical Area (SAMSA), from
which 20% of its full-time, part-time and contract employees are regularly
based. The SAMSA includes the following counties: Atascosa, Bandera,
Bexar, Comal, Guadalupe, Kendall, Medina & Wilson.
2. GENERAL EVALUATION PROCESS CRITERIA
The CSP is the first step in a competitive process aimed at identifying one or more
qualified respondents. BDA will conduct a comprehensive, fair and impartial
evaluation of all submittals received in response to this CSP. An evaluation team
will be established to evaluate the proposals. The team will include employees of BDA
and may include other impartial individuals who are not BDA employees. The
evaluation team, based on the selection criteria described in this document, may
short-list the most qualified respondents. BDA retains the right to select only
one respondent at this stage and negotiate a contract. BDA may also determine
that no qualified submittals have been received and reject all submittals.
Short-listed respondent's may be asked to provide additional information to the
evaluation team regarding demonstrated competence and qualifications,
considerations of the safety and long-term durability of the project, the
feasibility of implementing the project as proposed, the ability to meet schedules,
costing methodology, or other factors as appropriate. This additional information
will be used in addition to prior information received in further evaluating the
short-listed respondent's to determine a rank-order of the short-listed firms. If
the BDA elects to conduct interviews, each of the short-listed Respondents may be
interviewed and re-scored based upon these same criteria, or other criteria to be
determined by the evaluation team (i.e. cover unique qualities, methodologies, or
approaches taken to differentiate from other Respondents).
Final approval of a selected Respondent is subject to the action of the BDA Board of
Directors.
3. NEGOTIATION AND BEST AND FINAL OFFER (AS APPLICABLE)
a. Following the submission of responses, negotiations may or may not be
conducted with a qualified Respondent. After negotiations with any qualified
Respondent, BDA may request a Best and Final Offer (BAFO) from each
Respondent determined by BDA to be in the competitive range.
CSP for Brooks Linear Park
Bid #04192016-013
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b. Separate meetings with more than one Respondent may be conducted during the
same time frame; however, negotiation sessions with a Respondent will not be
held in the presence of another Respondent.
c. Respondents submitting proposals should be cognizant that BDA’s Evaluation
Panel has sole discretion to determine what proposals constitute the “best value
and offer” for BDA. Consequently, Respondents are urged to submit their best
possible proposal on their original submittal.
d. If a contract is not finalized in a reasonable period of time, BDA will open
negotiations with the next ranked Respondent. Final selection and approval is
subject to BDA Board Approval.
VII.
INQUIRIES
1. All inquiries shall be submitted in writing to Lucynda Massey at facsimile (210) 6783338 or by email to [email protected] with a CC to
[email protected]
a.
b.
Please do not send questions to any other individual except those
listed;
A confirmation email will be provided upon receipt of email. If a
confirmation is not received within 24 hours please contact the BDA
office at 210-678-3300.
2. All inquiries submitted in writing will result in written responses posted to the BDA
website: www.brookscity-base.com.
3. Upon issuance of the CSP, beside written inquiries as described above, other
employees and representatives of the BDA will not answer questions or
otherwise discuss the contents of the CSP with any potential vendor or their
representatives. Failure to observe this restriction may result in the
disqualification of any subsequent response. This restriction does not preclude
discussions between affected parties for the purpose of conducting business
unrelated to this proposal.
4. All inquiries are due by the date and time outlined in the schedule; inquiries
received after that date and time shall not receive a response.
VIII. STANDARD TERMS AND CONDITIONS
A. Affirmation
The Respondent affirms that they are duly authorized to execute the proposed
contract, that this company, corporation, firm, partnership or individual has not
prepared this offer in collusion with any other Respondent, and that the contents
of this offer as to prices, terms or conditions of said offer 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 opening of the bid or official
award of this contract, as applicable.
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Bid #04192016-013
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B. Standards
The awarded Respondent shall agree that the performance of work and services
under this CSP shall conform to high professional standards.
C. Technical Specifications
All services acquired under this CSP must meet or exceed the specifications
stated in Appendix A – Contractor’s Qualifications Statement, Appendix C - Scope
of Work and the plans and specifications. Plans and Specifications will be
available at Thomas Reprographics (1223 Arion Parkway, San Antonio, TX
78216; 210-829-7000).
D. Record Keeping and Inspection of Records
The awarded Contractor shall maintain, and to the extent appropriate and, where
applicable, shall require all subcontractor(s) to maintain, books, records and
other compilations of data pertaining to the performance and compliance with
the provisions and requirements of this CSP, to the extent and in such detail as
shall properly substantiate claims for payment. Such records shall include among
other things, time sheets, payroll calculations and checks, and employee
personnel records. BDA, its employees and its agents, including properly
authorized independent quality assurance contractors, and BDA officials such as
BDA Auditor or its duly authorized representatives, shall have the right, at
reasonable times and upon reasonable notice, to examine or audit the work
products, books, records, and other compilations of data of the awarded
Contractor which pertain to the performance of the provisions and requirements
of the Contract. During the course of the Contract, access to these items shall
be provided at the awarded Contractor’s office at all reasonable times. Such
access shall include on-site audits, review and copying of records, and inspection
of records at awarded Contractor’s offices.
E. Termination for Cause
Without prejudice to any other legal or equitable right or remedy that BDA would
otherwise possess hereunder or as a matter of law, BDA upon giving the awarded
Contractor five (5) calendar days prior written notice of termination shall be
entitled to terminate this Agreement in its entirety at any time for the following:
1.
If the awarded Contractor becomes insolvent, files for bankruptcy
protection, or makes a general assignment for the benefit of
creditors, or
2. If a receiver, trustee or liquidator, is appointed for any of
Contractor’s property or income; or
3. If the awarded Contractor shall fail to perform the work, or any part
thereof, with diligence necessary to insure its progress and
completion as prescribed by the time schedules; or
4. If the awarded Contractor shall fail to remedy any default within
thirty (30) calendar days after BDA provides Contractor with a
written notice of said default; or
CSP for Brooks Linear Park
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5. If the awarded Contractor shall fail, for any reason, to make
payments due under the Contract, if any; or
6. If the awarded Contractor commits a substantial default under any
of the terms, provisions, conditions, or covenants contained in this
Agreement BDA has the exclusive right to determine if Contractor
is in substantial default under the Contract.
F. Other Termination
This Contract may be terminated in the event that federal, state laws, or BDA
resolution or other requirements (including rules, regulations, and other
stipulations) should be amended or judicially interpreted so as to render
continued performance of this contract, by either party, unreasonable or
impossible.
G. No Cost Reimbursement
BDA will not reimburse any Respondent for any costs and expenses associated
with the preparation of a submitting a proposal or for travel expenses for a formal
presentation or interview in response to this CSP.
H. Conflict of Interest Disclosure
Respondent warrants and certifies that it, its individual officers, employees and
agents are neither officers nor employees of BDA or any BDA agencies.
Respondent further warrants and certifies that it, its individual officers,
employees and agents do not have a prohibited financial interest as proscribed
by the Ethics Code of the State of Texas. An officer or employee has a “prohibited
financial interest” in a Contract with BDA or in the sale to BDA of materials,
supplies, or service, if any of the following individuals or entities is a party to the
sale: BDA officer or employee; his or her parent, child, or spouse.
I. Independent Contractor
It is expressly understood and agreed that the Respondent, if selected, and all
persons designated by it to provide services in connection with this engagement
is and shall be deemed to be an independent contractor, responsible for its
respective acts or omissions, and that BDA shall in no way be responsible
therefore and that neither party hereto has authority to bind the other or to hold
out to third parties that it has the authority to bind the other.
J. Incomplete Response
Failure to submit completed forms and information as required by this CSP may
result in the Respondent’s proposal being deemed non-responsive.
K. Ownership of Records
All Proposals and any related documents received in response to this Request for
Proposal shall become the property of BDA without any restriction on usage and
are non-returnable. Respondent may maintain a copy of any such material for
their records. BDA shall own the entire copyright of whatever nature or extent
and in all media whatsoever to any documents (records) produced through the
expenditure of public funds as provided by Section 201.005, Texas Local
Government Code.
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L. Texas Public Information Act
Respondent acknowledges that all information submitted to BDA in response to
this CSP is subject to the Texas Public Information Act. All responses become
property of BDA upon receipt and will not be returned. Any information deemed
to be confidential by the Respondents should be clearly noted on the page or
pages where such confidential information is contained; however, BDA cannot
guarantee that it will not be compelled to disclose all or part of said information
as part of a public record under the Act, since information deemed to be
confidential by the Respondent may not be considered confidential under Texas
law.
M. BDA Reservation of Rights
BDA reserves the right to reject any or all Proposals and reserves the right to
issue a subsequent CSP or cancel the entire Request for Proposal process. BDA
reserves the right to contact any Respondent for clarification after responses are
opened and/or to further negotiate with any Respondent if such clarification is
deemed desirable by BDA. BDA reserves the right to evaluate the responses
submitted, to waive any informalities and irregularities therein, to select
candidates for interview, or to reject any or all submittals should it be deemed in
BDA’s best interest. BDA reserves the right to negotiate with any, all or none of
the Respondents.
N. No Contract or Agreement
The purpose of this CSP is to provide BDA with information pertinent to the firm.
This information will be utilized by BDA to determine if a firm is eligible to conduct
business with BDA. Nothing in this CSP, whether explicitly or implicitly
presented, should be construed by any firm as the basis for a contractual
arrangement. Submission of a Proposal does not commit BDA to investigate or
invite further written or oral presentations from perspective firms nor does it
commit BDA to award a contract to any Respondent. Final award and approval
of a contract, if any, is subject to BDA board approval.
O. Contract Continuity/Transitional Period
In the event the services are scheduled to end either by contract expiration or by
termination by BDA (at BDA’s discretion), it shall be incumbent upon the
contractor to continue the service, if requested by BDA, until new services can be
completely operational. At no time shall this transitional period extend more than
one hundred and eighty (180) days beyond the expiration date of the existing
contract. The Contractor will be reimbursed for this service at the rate in effect
when this transitional period clause is invoked by BDA.
IX.
SPECIAL TERMS AND CONDITIONS
1. Contract Term
a. The Contract term resulting from this CSP shall be determined upon
award of the contract.
b. BDA reserves the right to extend the term of the contract in 30 day
increments not to exceed 90 days, provided, the BDA shall give the
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Consultant a preliminary written notice of its intent to extend at
least ten (10) days before the contract expires. The preliminary
notice does not commit BDA to an extension.
c. BDA reserves the right to terminate this Contract at any time by
giving at least thirty (30) days’ notice in writing. If the Contract is
terminated by BDA as provided herein, Consultant will be paid for
the Task provided and expenses incurred up to the termination
date, if such final compensation is approved by BDA, in its sole
discretion.
d. All representations made in the proposal will be incorporated into
any contract that may be awarded as a result of this bid.
e. Payments are net 30 days.
2. Contract Labor
The awarded Contractor shall furnish all labor to successfully perform all
the requirements as specified under this CSP.
3. Other Awarded Contractor Requirements (as applicable)
The awarded Contractor shall agree to the terms and conditions for the
additional items as follows;
a. Prevailing Wage
Comply with the BDA’s Procurement Policy concerning Wage and
Hour Labor Standard Provision.
1. Prevailing Wage Rate and General Labor Conditions: The
Provisions of Chapter 2258, Texas Government Code, are
expressly made a part of this contract. The Contractor shall
forfeit as a penalty to the BDA sixty dollars ($60.00) for each
laborer, workman, or mechanic employed, for each calendar
day, or portion thereof, that such laborer, workman or
mechanic is paid less than the said stipulated rates for any
work done under said contract, by the contractor or any subcontractor under him. The establishment of prevailing wage
rates pursuant to Chapter 2258, Texas Government Code
shall not be construed to relieve the Contractor from his
obligation under any Federal or State Law regarding the
wages to be paid to or hours worked by laborers, workmen or
mechanics insofar as applicable to the work to be performed
hereunder. The Contractor, in the execution of this Project,
agrees that he shall not discriminate in his employment
practices against any person because of race, color, creed,
sex or origin. The Contractor agrees that he/she will not
engage in employment practices which have the effect of
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discriminating against employees or prospective employees
because of race, color, religion, national origin, sex, age,
handicap or political belief or affiliation.
2. Comply with the overtime regulations and pay workers the
prevailing wage rate as listed in the wage decision posted on
the BDA website along with the holiday schedule. Wage rates
can be located by visiting the following website
http://www.wdol.gov/dba.aspx#0.
3. The awarded Contractor shall be responsible for securing
adequate and appropriate protection of BDA assets;
b. Debarment
1. Respondent certifies that it does not and will not maintain or
provide for his employees any segregated facilities at any of
his establishments, and that he does not and will not permit
his employees to perform their services at any location, under
his control, where segregated facilities are maintained;
2. Certifies (in accordance with the Guidelines below) that
neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any
Federal department or agency OR where the prospective
lower tier participant is unable to certify to any of the
statements in this certification, such prospective
participation shall attach an explanation to this offer.
GUIDELINES
FOR
CERTIFICATION
REGARDING
DEBARMENT,
SUSPENSION,
INELIGIBLITY
AND
VOLUNTARY EXCLUSION – LOWER TIER COVERED
TRANSACTIONS
By signing and submitting this offer, the prospective lower
tier participant is providing the certification set out below.
1. The certification in this clause is a material
representation of fact upon which reliance was placed
when this transaction was entered into. If it is later
determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal
Government the department or agency with which this
transaction originated may pursue available remedies,
including suspension and/or debarment.
2. The prospective lower tier participant shall provide
immediate written notice to the person to whom this
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offer is submitted if at any time the prospective lower
tier participant learns that its certification was
erroneous when submitted or had become erroneous
by reason of changed circumstances.
3. The terms covered transactions, debarred, suspended,
ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principle,
proposal, and voluntarily excluded, as used in this
clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing
Executive Order 12549. You may contact the person
to which the proposal is submitted for assistance in
obtaining a copy of those regulations.
4. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lower tier covered
transaction with a person who is who is proposed for
debarment under 48 CFR part 9, subpart 9.4,
debarred,
suspended,
declared
ineligible,
or
voluntarily excluded from participation in this covered
transaction, unless authorized by the department or
agency which this transaction originated.
5. The prospective lower tier participant further agrees
by submitting this offer that it will include this clause
titled
“Certification
Regarding
Debarment,
Suspension, Ineligibility and Voluntary Exclusion –
Lower
Tier
Covered
Transaction,”
without
modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon
a certification of a prospective participant in a lower
tier covered transaction that it is not proposed for
debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows
that the certification is erroneous. A participant may
decide the method and frequency by which it
determines the eligibility of its principles. Each
participant may, but is not required to, check the List
of Parties Excluded from Federal Procurement and
Non-Procurement Programs.
7. Nothing contained in the foregoing shall be construed
to require establishment of a system of records in
order to render in good faith the certification required
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by this clause. The knowledge and information of a
participant is not required to exceed that which is
normally possessed by a prudent person in the
ordinary course of business dealings.
8. Except for transactions authorized under paragraph 5
of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered
transaction with a person who is proposed for
debarment under 48 CFR par 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in
addition to other remedies available to the Federal
Government, the department or agency with which
this transaction originated may pursue available
remedies, including and/or debarment.
c. The awarded Contractor is responsible for maintaining a safe work
area and securing all tools and materials at the end of each work
day. BDA shall not be responsible for or liable to replace any
missing items that belong to the awarded Contractor or
subcontractor(s).
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APPENDIX A
CONTRACTOR’S QUALIFICATION STATEMENT
1.
Respondent Information:
Provide the following information regarding the
Respondent. (NOTE: Co-Respondents are two or more entities proposing as a team
or a legally established joint venture with each signing the contract, if awarded. A
joint venture is defined as a business undertaking by two or more parties in which
profits, losses, and control are shared. Sub-consultants are not Co-Respondents
and should not be identified here. If this proposal is a joint venture, provide the
required legal formation documentation).
Respondent Name:
(NOTE: Give exact legal name as it will appear on the contract, if awarded.)
Principal Address:
City:
State:
Zip Code:
Telephone No._____________________________ Fax No:
E-mail address: _______________________________________________________
List here, any other names under which Respondent has operated within the last
10 years. (add space as needed)
1.2 Business Structure: Check the box that indicates the business structure of the
Respondent. (Please include W9)
Individual or Sole Proprietorship If checked, list Assumed Name, if any:
________________
Partnership ___________________________________________
Corporation
If checked, check one:
For-Profit
Nonprofit
Also, check one:
Domestic
Foreign
Other If checked, list business structure: _______________________
1.3 Ownership: Does Respondent anticipate any mergers, transfer of organization
ownership, management reorganization, or departure of key personnel within the
next twelve (12) months?
Yes
No
1.4 Is Respondent authorized and/or licensed to do business in Texas?
Yes
No
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If “Yes”, list authorizations/licenses.
19
1.5 Where is the Respondent’s corporate headquarters located?______________________
To receive SBEDA credit for a local office, the firm must be headquartered or have
a significant presence for at least one year within the Relevant Marketplace, defined
as: an established place of business in one or more of the eight counties that make
up the San Antonio Metropolitan Statistical Area (SAMSA), from which 20% of its
full-time, part-time and contract employees are regularly based.
1.6 Local Operation:
Texas?
Yes
If “Yes”, respond to a., b. and c below:
No
a. Address:
Does the Respondent have an office located in San Antonio,
________________________
________________________
b. How long has the Respondent conducted business from its San Antonio office?
Years _______ Months_______
c. State the number of full-time employees at the San Antonio office.
1.7 County Operation: If the Respondent does not have a San Antonio office, does the
Respondent have an office located in Bexar County, Texas?
Yes
If “Yes”, respond to a., b. and c below:
No
a. Address:
________________________
________________________
b. How long has the Respondent conducted business from its Bexar County office?
Years _______
Months_______
c. State the number of full-time employees at the Bexar County office. _____________
1.8 Organizational Chart: Attach a one page copy of your business organizational chart
for the portion of your business that will be involved with this project, complete with
names and titles, identify as Attachment 1.7.
1.9 Debarment/Suspension Information: Has the Respondent or any of its
principals been debarred or suspended from contracting with any public entity?
Yes
No
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If “Yes”, identify the public entity and the name and current phone number of a
representative of the public entity familiar with the debarment or suspension, and
state the reason for or circumstances surrounding the debarment or suspension,
including but not limited to the period of time for such debarment or suspension.
1.10 Bankruptcy Information: Has the Respondent ever been declared bankrupt or
filed for protection from creditors under state or federal proceedings?
Yes
No
If “Yes”, state the date, court, jurisdiction, cause number, amount of liabilities and
amount of assets.
1.11 LITIGATION DISCLOSURE - Failure to fully and truthfully disclose the
information required by this Litigation Disclosure may result in the
disqualification of your bid/proposal from consideration or termination of the
contract, once awarded.
A. Have you or any member of your Firm or Team to be assigned to this engagement
ever been indicted or convicted of a felony or misdemeanor greater than a Class
C in the last five (5) years?
Yes
No
B. Have you or any member of your Firm or Team been terminated (for cause or
otherwise) from any work being performed for the BDA, the City of San Antonio
or any other Federal, State or Local Government, or Private Entity?
Yes
No
C. Have you or any member of your Firm or Team been involved in any claim or
litigation with the BDA, the City of San Antonio or any other Federal, State or
Local Government, or Private Entity during the last ten (10) years?
Yes
No
D.Are you currently or in the last five years have you had any litigation with BDA
or the City of San Antonio (except to the extent prohibited by law, persons who
are engaged in litigation related to Tax Increment Financing (TIF) or Tax
Increment Financing Zone (TIRZ) or adversarial proceedings related to TIF or TIRZ
against the BDA or the City are ineligible to obtain or continue the use of TIF as
principals or participants for the duration of the litigation. A principal or
participant includes the TIF applicant, BDA, BDA’s Consultants, affiliates,
sponsors, payroll employees, or relatives of the first degree of consanguinity.
Accordingly, the BDA shall not consider a project proposing the use of TIF,
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designate a TIRZ, enter into any TIF contracts or agreements with, or authorize
or make any TIF payments to persons engaged in litigation related to TIF or TIRZ
or adversarial proceedings related to TIF or TIRZ with the BDA or the City.
Ineligible persons shall be excluded from participating as either participants or
principals in all TIF projects during the term of their litigation. “Person” includes
an individual, corporation, organization, government or governmental
subdivision or agency, business trust, estate, partnership, association, and any
other legal entity). (See Appendix H)
Yes
No
If you have answered “Yes” to any of the above questions, please indicate the
name(s) of the person(s), the nature, and the status and/or outcome of the
information, indictment, conviction, termination, claim or litigation, as
applicable. Any such information should be provided on a separate page and
submitted with your bid/proposal as Attachment 1.11.
2.
EXPERIENCE
2.1
Complete RELEVANT EXPERIENCE LIST (You may add lines to this form and
provide explanations, as necessary)
RELEVANT EXPERIENCE LIST
Name of
Respondent:
Date of
Project
Name of Project
Type of Contract
Project
Type *
Original
Contract
Amount
(in
dollars)
Final
Contract
Amount
(in
dollars)
Number
Change
Orders/
Amendments
Location of
Project
(City/State)
Owner
Name
Owner
Contact
Name
2.2 POINT OF CONTACT:
2.2.1
2.2.2
2.2.3
Name of the proposed Point of Contact: ____________________________
Number of years of experience (including previous employment):
___________
Number
of
years
employed
with
this
organization_______________________
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Owner
Contact
Phone #
2.3
Business Type:
NAICS Description: _________________________________________________
NAICS Number:
_________________________________________________
(Please go to www.naics.com/search to determine NAICS for your organization).
2.4
IMPORTANT!! PLEASE ATTACH COPIES OF ALL CERTIFICATIONS:
a.
Are you certified by the South Central Texas Regional Certification
Agency (SCTRCA) as a Small Business Enterprise (SBE)? YES ___ NO ____
b.
Are you certified by SCTRCA as a Minority Business Enterprise (MBE)?
YES ____ NO ____ If yes, Certification type:
_____ African American
_____ American Indian or Alaskan Native
_____ Asian or Pacific Islander
_____ Hispanic
_____ Two or More Different Minorities
c.
Are you certified by SCTRCA as a Women-Owned Business Enterprise (WBE)?
YES____ NO____
d.
Are you certified by SCTRCA as a Disadvantaged Business Enterprise (DBE)?
YES____ NO____
If not certified, will your business seek certification?
YES ____ NO ____
Consultants can obtain certification from the entities below:
SOUTH CENTRAL TEXAS REGIONAL CERTIFICATION AGENCY (SCTRCA)
3201 Cherry Ridge, Ste. C-319, San Antonio, Texas 78230 Office: 210-227-4722,
Fax: 210-227-5712, Website: www.sctrca.org
_______________________________
Consultant Signature & Title
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________________________
Date
23
APPENDIX B
Brooks Development Authority
General Notes for Construction Contracting
Property Located at Brooks City-Base, Texas
A. All work must be performed in accordance, when applicable, to:




The Project’s Plans and Specifications
Industry, Manufacturer’s and / or Trades Practices and Standards
City of San Antonio Building Codes
Brooks City-Base Rules and Regulations
It is the contractor’s responsibility to be familiar with any and all applicable rules
and regulations. The contract will be awarded to the bidder who provides goods
and/or services at the best value for the BDA. In determining best value, BDA may
consider price, reputation, past relationship with BDA, SBEDA requirements, long
term cost and any other relevant factors
i. BDA reserves the right to accept any item or group of items on
this bid, unless the bidder qualifies his/her bid by specific
limitations.
ii. BDA reserves the right to utilize previous purchases as a basis
for evaluation of bids when future usages are unable to be
determined
iii. Breaking of tie bids shall be in accordance with the Texas
Local Government code §271.901
iv. Although the information furnished to bidders specified the
approximate quantities needed, based on the best available
information where a contract is let on a unit price basis,
payment shall be based on the actual quantities supplied.
BDA reserves the right to delete items, prior to the awarding
of the contract, and purchase said items by other means; or
after the awarding contract, to increase or decrease the
quantities bid.
Contractor’s Subs: It is the Prime Contractor’s responsibility that their
subcontractors are made familiar with these General Notes of Construction
Contracting.
B. Bid Inclusions: All bids must be inclusive of all costs, listed below, but not limited
to, needed to deliver a completed project:
Tax Exempt
Supervision
Equipment
Insurances and Bonding
Material
Delivery & Transportation
Profits
Labor
Off-Loading
Contractor will hold bid for 90 days or until approved by the BDA Board of
Directors.
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C. City-Base Security: Brooks City Base may, without notice, impose additional
security requirements that may delay the Contractor, its labor force, and or delivery
of materials. It is the responsibility of the Contractor to make any and all
accommodations to comply with any and all security requirements.
D. City of San Antonio Building Permits: It is the Contractor’s responsibility to make
application for and obtain any and all City, State, and / or Federal permits that may
be required.
E. Demolition: All debris is to be properly disposed of and removed from Brooks CityBase and disposed of in accordance with all laws governing disposal of materials.
F. Damage to Existing Conditions: Prior to commencement of any work, all existing
damaged conditions are to be documented and signed off by the Building Manager.
Any damaged conditions found not to be documented will be the responsibility of
the contractor to restore to pre-existing conditions. Final payment will be withheld
pending restoration.
G. Safety, Warning and Hazard Barriers: This work may be performed during normal
business hours. In this event, appropriate safety, warning and hazard barriers must
be in place in quantities to insure the protection of the public.
H. Project Safety: Each contractor will possess its own Safety Standards that will be
enforced by the Contractor’s representatives.
At a minimum, one (1) safety meeting will be held at the commencement of the
project, to insure that all workers are familiar with the rules and regulations
governing the work on this facility, the location of all emergency exits, the location of
fire extinguishers, and emergency telephone numbers, as well as the location of the
nearest emergency facility.
I.
Insurance Coverages:
See Appendix E
J. Material Safety Data Sheets: Prior to commencement of any work, MSDS sheets
must be on file with BDA’s Director of Facilities and Infrastructure. A list of the
required MSDS sheets will be negotiated at the time of award of contract. Prior to
the issuance of progress payments, the MSDS sheets will be reviewed for
compliance.
K. As-Built Drawings: Prior to issuance of final payment, electronic As-Built Drawings
will be required of all work. In the event of demolition, all conditions uncovered by
the demolition must be noted. Infrastructure Management and Archives personnel
will review these As-Built Drawings.
L. Available As-Built Drawings: BDA’s Director of Facilities and Infrastructure makes
no warranty as to the accuracy of any furnished As-Built Drawings. It is the
contractor’s responsibilities to field verify any and all dimensions prior to committing
to the contract.
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M. Work Scheduling: All work is to be scheduled to impose the least amount of
negative impact on the building occupants. Where it is known, that by working after
normal duties would be of benefit to the contractor, the contractor will cycle his work
crew hours so as not to incur overtime charges which will not be paid unless called
out for in the Scope of Work.
The Contractor is to provide BDA’s Director of Facilities and Infrastructure with a
proposed schedule of the work to be performed in a Microsoft Project format. Upon
review and acceptance of this schedule, this schedule is not to be deviated from
without written approval of Infrastructure Management.
N. Change Orders: No work outside of the contracted scope of work is to be performed
without a written and authorized Change Order. This may delay the projects
progress. If delays are anticipated, this must be conveyed, in writing, to BDA’s
Project Manager and the Engineer immediately.
O. Invoicing and Payments: All progress payments are to be made on a standard AIA
G702 and G703 or the latest version thereof. All invoices must be accompanied with
the Contractor’s Partial or Full Lien Waivers before release of payment is made. All
invoices and support documents must be delivered to BDA’s Project Manager for
approval no later than the 25th of month for payment within 30 calendar days from
receipt of an approved invoice. Rejected invoicing will be returned to the submitter
for clarification. Retainage: On any construction contract valued at more than
$400,000, BDA will deposit in an interest bearing account any retainage on
contractor-earned moneys under the contract, if the contract provides for retainage
of more than 5% of the periodic payment. BDA will pay the interest earned on that
retainage to the prime contractor upon completion of the contract. If retainage is
5% or less, BDA has no legal requirement to pay interest on retainage held.
P. Certified Payroll: BDA Facilities and Infrastructure Department will require
certified payroll documents per commencement of contract based on prevailing wage
requirements.
Q. Certificate of Completion: A Certificate of Completion will be issued by BDA’s
Facilities and Infrastructure Department, prior to the release of final payment for
the completed contract.
R. Warranties: Upon application of final payment, the Contractor is to issue a 1-year
warranty for labor and materials for all work performed.
S. Sales Tax Exemption: All materials furnished are exempt from any city, state, or
federal taxation. BDA’s Facilities and Infrastructure Department will furnish the
contractor an exemption certificate for this work.
T. Contractor’s Project Supervision: Contractor is to appoint a qualified Full-Time
Project Manager and/or Site Superintendent to oversee the daily execution of the
project.
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U. Daily Project Log: The Project Manager/Site Superintendent will maintain a project
log detailing the daily activities of the project. The log must track, but not be limited
to, the daily manpower, equipment, progress, delivery of materials, inspections, and
tests, etc. occurring on the project.
V. Digging Permits: The Contractor must notify BDA’s Facilities and Infrastructure
Department prior to any excavation in excess of 12”. Location of all utilities will be
identified by various colors. The Contractor will use WHITE PAINT to identify his
area of work. Contact information for white line trenching areas:
 DIG TESS Center at Fax# (800) 690-1291
 SAWS at Fax# (210) 233-3877
 Communication Lines: Brooks Dev. Authority Representative (210) 8452410
W. Inspections: Brooks City-Base is subject to all rules and regulations of the City of
San Antonio. All work must be performed in accordance with any and all City of San
Antonio Building Codes. BDA’s Facilities and Infrastructure Department will ask to
inspect the project at the following periods, but not limited to:








Rough-Ins: HVAC. Electrical, Plumbing, Carpentry
Insulation
Concrete Form Work and Rebar Placement
Concrete Batch Certificates
Drywall
Prep for Painting
Painting Between Coats
Finish-Out and Trim-Out
Y. Indemnification Requirements
See Appendix I
Z. Commencement of Work
 Contractor shall not commence any work on this project without the
following documentation:
a. a written notice to proceed;
b. a fully executed contract;
c. The assignment of a Contract/Purchase Order reference number
from Brooks Development Authority Finance Department;
d. List of subcontractors (as applicable); and
e. Certificates of Insurance from Prime and Subcontractors.
AA.
Clarification of Bid Specifications:
i. If any person contemplating submitting a bid for this contract is in doubt
as the true meaning of the specifications, other bid documents, or any part
thereof, he/she may submit to the Contracts Manager on or before the
following date May 9, 2016 a request for clarification. All such requests
for information shall be made in writing and the person submitting the
request will be responsible for its prompt delivery. Any interpretation of
the bid, if made, will be made only by Addendum duly issued. A copy of
such Addendum will be posted on the BDA website at www.brookscity-
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base.com. BDA will not be responsible for any other explanation or
interpretation of the proposed bid made or given prior to the award of the
contract. Any objections to the specifications and requirements as set
forth in this bid must be filed in writing with the Purchasing and Contracts
Manager on or before the following date May 9, 2016 prior to the scheduled
opening.
ii. BDA reserves the right to request clarification to assist in evaluating the
bidder’s response when the bid response is unclear with respect to product
pricing, packaging or other factors. The information provided is not
intended to change the bid response in any fashion and such information
must be provided within two hours from the request.
Please note: Any waiver(s) to these requirements must be in writing and signed by the
Procurement Manager.
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APPENDIX C
Scope of Work
The project scope consist of the development of approximately 43 acres into a new park
which generally consist of:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
Series of weir structures that create terracing wet ponds;
Rehabilitation of an existing wet pond;
Natural drainage structures;
Illuminated walks and plazas;
Playgrounds, fitness stations, and recreation areas;
Landscaping and irrigation;
One (1) Large Pavilion / Restroom Building;
Three (3) Small Pavilions;
One (1) Small Restroom Building;
Three (3) parking lots;
Two (2) Headwalls at Sidney Brooks Rd;
Disc Golf Course;
Five (5) Monument Signs;
Public Art; and
Public Wifi infrastructure.
The Contractor shall obtain permits and inspections from the City of San Antonio
Development Services Department.
Complete project scope and technical specifications are fully identified in
Construction Documents prepared by Beaty Palmer Architects, Inc. Plans and
Specifications will be available at Thomas Reprographics (1223 Arion Parkway, San
Antonio, TX 78216; 210-829-7000). It is the responsibility of the Respondent to
acquire/pay for a set of plans and specifications.
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APPENDIX D
Confidentiality Statement/Non-Disclosure
In consideration of the Brooks Development Authority retaining the services of
(Awarded Contractor) by contract executed by both parties
as of
(the “Contract”), and because of the sensitivity of certain
information which may come under the care and control of the awarded
Contractor, the awarded Contractor agrees that all information obtained,
gathered, produced, or derived from or in connection with the Contract
(Confidential Information) shall remain confidential and shall be released or
divulged by the awarded Contractor only with advance, specific, written
permission of the Brooks Development Authority. More specifically, the awarded
Contractor agrees as follows:
i.
The Confidential Information may be used only to assist the awarded
Contractor in the performance of its duties and responsibilities under
the Contract. The awarded Contractor will not, at any time, use the
Confidential Information in any fashion, form, or manner except in
furtherance of the duties of the awarded Contractor in its capacity as
an independent contractor to the BDA under the Contract.
ii.
The awarded Contractor agrees to maintain the confidentiality of the
Confidential Information in the same manner that the confidentiality
of the awarded Contractor’s proprietary services of like kind is
protected.
iii.
The Confidential Information may not be copied or reproduced without
the BDA’s advance written consent.
iv.
All Confidential Information made available to the awarded Contractor
in written form, including copies thereof, shall be returned to the BDA
upon the first to occur of (1) completion of the projector (2) request by
the BDA.
v.
The foregoing shall not prohibit or limit the awarded Contractor’s use
of the information (including, but not limited to, data, ideas, concepts,
know-how, techniques, and methodologies) (1) previously known to it,
(2) independently developed by it, (3) acquired by it from a third party,
or (4) which is or becomes part of the public domain through no breach
of this agreement by the awarded Contractor.
vi.
This agreement shall become effective as of the date Confidential
Information is first made available to the awarded Contractor and shall
survive the Contract and be a continuing requirement. This agreement
is incorporated into and made a part of the Contract for all purposes.
The breach of this Nondisclosure Agreement by the awarded Contractor shall
entitle BDA to immediately terminate the Contract upon written notice to the
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awarded Contractor of such breach and to such other remedies available to the
BDA in law and/or equity.
Acknowledged:
Awarded Contractor:
By:
Name and Title:
Date:
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31
APPENDIX E
INSURANCE AND BOND REQUIREMENTS
BDA will require that the Insurance requirements contained in this Article be
included in all its contracts or agreements for Public Improvements where
Contractor is seeking payment under this Agreement, unless specifically
exempted in writing by the BDA.
1.
Prior to the commencement of any work under this Agreement, Contractor
shall furnish copies of all required endorsements and the original completed
Certificate(s) of Insurance to the BDA. The original certificate(s) shall be
completed by an agent and signed by a person authorized by that insurer to bind
coverage on its behalf. The BDA will not accept a Memorandum of Insurance or
Binders as proof of insurance. The original certificate(s) or form must have the
agent’s original signature, including the signer’s company affiliation, title and
phone number, and be mailed, with copies of all applicable endorsements,
directly from the insurer’s authorized representative to the BDA at the address
listed in paragraph five (5).
2.
The BDA reserves the right to review the insurance requirements of this
Article during the effective period of this Agreement and any extension or renewal
hereof and to modify insurance coverages and their limits when deemed
necessary and prudent by the Contract’s Manager based upon changes in
statutory law, court decisions, or circumstances surrounding this Agreement. In
no instance will the BDA allow modification whereupon the City may incur
increased risk.
3.
Contractor’s financial integrity is of interest to the BDA, therefore, subject
to Contractor’s right to maintain reasonable deductibles in such amounts as are
approved by the Contractor or Contractor’s Subcontractors, shall obtain and
maintain in full force and effect during the construction of all Public
Improvements required by the Final Project Plan and Final Financing Plan, and
any extension hereof, at Contractor’s or Contractor’s Subcontractor’s sole
expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an
A.M. Best’s rating of no less than A- (VII), in the following types and for an
amount not less than the amount listed:
TYPE
1. Workers' Compensation
2. Employers' Liability
3. Broad Form Commercial General
Liability Insurance to include coverage
for the following:
a. Premises operations
b. Independent Contractors*
c. Products/completed operations
d. Personal Injury
e. Contractual Liability
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AMOUNTS
Statutory
$500,000/$500,000/$500,000
For Bodily Injury and Property
Damage of $1,000,000 per occurrence;
$2,000,000 General Aggregate, or its
equivalent in Umbrella or Excess
Liability Coverage
32
4. Business Automobile Liability
a. Owned/leased vehicles
b. Non-owned vehicles
c. Hired Vehicles
5. Contract’s Pollution Liability*
6. Builders Risk*
*if applicable
Combined Single Limit for Bodily
Injury and Property Damage of
$1,000,000 per occurrence
$1,000,000 per occurrence
100% value of each phase of project
To ensure that contractors insurance meets the AM Best rating of no less
than A- please go to the AM Best website (www.ambest.com) or contact them
at 908-439-2200. For Workers' Compensation only, Brooks City-Base will
accept insurance written through a State Fund (Documentation must be
provided).
4.
The BDA shall be entitled, upon request and without expense, to receive
copies of the policies, declaration page and all endorsements thereto as they apply
to the limits required by the BDA and may require the deletion, revision, or
modification of particular policy terms, conditions, limitations or exclusions
(except where policy provisions are established by law or regulation binding upon
either of the parties thereto or the underwriter of any such policies). Contractor
and/or Contractor’s Subcontractor shall be required to comply with any such
requests and shall submit a copy of the replacement certificate of insurance to
the BDA at the addresses provided below within 10 days of the requested change.
Contractor and/or Contractor’s Subcontractor shall pay any costs incurred
resulting from said changes.
Brooks Development Authority
Attn: Procurement Manager
3201 Sidney Brooks
San Antonio, Texas 78235
5.
Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
provisions:
a. Name the BDA and their respective officers, officials, employees,
volunteers, and elected representatives as additional insureds by
endorsement, as respects operations and activities of, or on behalf
of, the named insured performed under this Agreement, with the
exception of the workers’ compensation and professional liability
policies;
b. Provide for an endorsement that the “other insurance” clause shall
not apply to the Brooks Development Authority where the BDA is
an additional insured shown on the policy;
c. Workers’ compensation and employers’ liability policies will provide
a waiver of subrogation in favor of the BDA; and
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d. Provide thirty (30) calendar days advance written notice directly to
the BDA at the same address listed in paragraph 5 of any
suspension, cancellation, non-renewal or material change in
coverage, and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
6.
Within five (5) calendar days of a suspension, cancellation or non-renewal
of coverage, Contractor and/or Contractor’s Subcontractor shall provide a
replacement Certificate of Insurance and applicable endorsements to the BDA at
the address listed in paragraph 5. BDA shall have the option to suspend
Contractor’s performance should there be a lapse in coverage at any time during
this Agreement. Failure to provide and to maintain the required insurance shall
constitute a material breach of this Agreement.
7.
In addition to any other remedies the BDA may have upon Contractor’s
and/or Contractor’s Subcontractor’s failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein
required, the BDA shall have the right to order Contractor to stop work
hereunder, and/or withhold any payment(s) which become due to Contractor
hereunder until Contractor and/or Contractor’s Subcontractor demonstrates
compliance with the requirements hereof.
8.
Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor’s or its Subcontractors’
performance of the work covered under this Agreement.
9.
It is agreed that Contractor’s and/or Contractor’s Subcontractor’s
insurance shall be deemed primary with respect to any insurance or self
insurance carried by the Brooks Development Authority for liability arising out
of operations under this Agreement.
10.
It is understood and agreed that the insurance required is in addition to
and separate from any other obligation contained in this Agreement.
11.
Contractor agrees to obtain all insurance coverages with minimum limits
of not less than those limits delineated in paragraph 4 from each subcontractor
to Contractor and provide a Certificate of Insurance and Endorsement that
names BDA as an additional insured.
WORKERS COMPENSATION INSURANCE COVERAGE
1.
Definitions:
a. Certificate of coverage ("certificate") - A copy of a certificate of
insurance, a certificate of authority to self-insure issued by the
commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83,
or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on
the Project for the duration of the project.
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b. Duration of the project - includes the time from the beginning of the
work on the Phase of the Project until the contractor’s/person's work
on the project has been completed and accepted by the BDA.
c. Persons providing services on the Project ("subcontractor" in §406.096
of the Texas Labor Code) - includes all persons or entities performing
all or part of the services Contractor has undertaken to perform on the
Project, regardless of whether that person contracted directly with
Contractor and regardless of whether that person has employees. This
includes, without limitation, independent contractors, subcontractors,
leasing companies, motor carriers, owner-operators, employees of any
such entity, or employees of any entity which furnishes persons to
provide services on the Project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to the Project. "Services"
does not include activities unrelated to the Project, such as
food/beverage vendors, office supply deliveries, and delivery of portable
toilets.
2.
Contractor shall provide coverage,
classification codes and payroll amounts and
which meets the statutory requirements
401.011(44) for all its employees providing
duration of the project.
based on proper reporting of
filing of any coverage agreements
of Texas Labor Code, Section
services on the Project, for the
3.
Contractor must provide a certificate of coverage to the BDA prior to being
beginning construction under this Agreement and prior to awarding any contract
for construction of Public Improvements.
4.
If the coverage period shown on Contractor’s current certificate of coverage
ends during the duration of the project, Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the BDA showing that
coverage has been extended.
5.
Contractor shall obtain from each person providing services on the Project,
and shall provide to the BDA:
a. a certificate of coverage, prior to that person beginning work on the
Project, so the BDA will have on file certificates of coverage showing
coverage for all persons providing services on the Project; and
b. no later than seven days after receipt by Contractor or Contractor’s
Subcontractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of project.
6.
Contractor shall retain all required certificates of coverage for the duration
of the project and for one year thereafter.
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7.
Contractor shall notify the BDA in writing by certified mail or personal
delivery, within 10 days after Contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing
services on the Project.
8.
Contractor shall post on the Zone Property a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the Project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
9.
Contractor shall contractually require each person with whom it contracts
to provide services on the Project, to:
a. provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for
all of its employees providing services on the Project, for the duration
of the project;
b. provide to Contractor, prior to that person beginning work on the
Project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
Project, for the duration of the project;
c. provide Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
d. obtain from each other person with whom it contracts, and provide to
Contractor:
(1) a certificate of coverage, prior to the other person beginning work
on the Project; and
(2) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration
of the project;
e. retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
f. notify the BDA in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change
that materially affects the provision of coverage of any person providing
services on the Project; and
g. contractually require each person with whom it contracts with, to
perform as required by subparagraphs a-g, the certificates of coverage
to be provided to the person for whom they are providing services.
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10.
By signing this Agreement or providing or causing to be provided a
certificate of coverage, Contractor is representing to the BDA that all employees
of Contractor who will provide services on the Project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11.
Contractor's failure to comply with any of these provisions is a breach of
contract by Contractor which entitles the BDA to declare the Agreement void if
Contractor does not remedy the breach within ten (10) days after receipt of notice
of breach from the BDA without necessity of the ninety (90) day cure period as
set forth in Article X.
BONDS (IF OVER $99,999)
CONTRACTOR shall furnish, in a form acceptable to the BDA, a Performance and
Payment Bond for the Project. Specifically, CONTRACTOR shall furnish
performance and payment Bonds, each in an amount at least equal to the
Contract Price excluding any amounts associated with any contractor-provided
Design Professional Services, as security for the faithful performance and
payment of all CONTRACTOR’S obligations to furnish, provide and pay for
Construction and related materials under the Contract Documents. These Bonds
shall remain in effect at least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or Regulations or by the
Contract Documents. All Bonds shall be in the form prescribed by the Contract
Documents except as provided otherwise by Laws or Regulations, and shall be
executed by such sureties as are named in the current list of "Companies Holding
Certificates as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in U.S. Treasury Circular 570 (as
periodically amended) by the Audit Staff, Bureau of Government Financial
Operations, U.S. Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act.
Payment Bond (If over $25,000):
The contractor will provide a payment bond within 5 days of BDA contract
award. The payment bond will be equivalent to 100% of the contract price. A
payment bond is executed in connection with the contract to assure payment by
contractor as required by statute of all persons supplying labor, equipment and
material in the execution of the work provided for in the contract. Pursuant to
state law, no payment bond will be required if the contract value is less than
$25,000.
Performance Bond (If over $99,999):
The contractor will provide a performance bond within 5 days of BDA contract
award. The performance bond will be equivalent to 100% of the contract price. A
performance bond is executed in connection with the contract to ensure
fulfillment of all the contractor’s obligations under such contract. Pursuant to
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state law, no performance bond will be required if the contract value is less than
$100,000. Alternative BDA performance security for contracts valued at less
than $100,000 includes retainage and partial payment upon phased completion
formats.
Certified Sureties (If over $99,999):
If federal funding is involved, all bonds will be obtained from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR part 223,
Surety Companies Doing Business with the United States.: If only local or state
funding is involved, the sureties must be authorized and admitted to write surety
bonds in Texas. If the amount of the bond on a state or locally funded project
exceeds $100,000, pursuant to the Texas Insurance Code Article 7.19-1©, the
surety must also: (1) hold a certificate of authority from the United States
secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in
excess of $100,000 from a reinsurer that is authorized and admitted as a
reinsurer in this state and is the holder of a certificate of authority from the
United States secretary of the treasury to qualify as a surety or reinsurer on
obligations permitted or required under federal law. If the surety on any Bond
furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is
located or it ceases to meet the requirements of this section, CONTRACTOR shall
within thirty days thereafter substitute another Bond and surety meeting the
requirements set forth in this Article.
All Bonds and insurance required by the Contract Documents to be purchased
and maintained by CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the State of Texas to issue
Bonds or insurance policies for the limits and coverages so required. All surety
and insurance companies shall carry a minimum A.M. Best's rating of A VII.
Contractor acknowledges receipt of the insurance and bonds requirements,
and understands it will be incorporated into any contract awarded.
Can the Contractor meet the Insurance requirements as written; with no
modification or exceptions? YES ____ NO ____
Contractor Signature & Title
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Date
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APPENDIX F
BROOKS DEVELOPMENT AUTHORITY
PROPOSAL AFFIDAVIT
AUTHORIZED OFFICER: Proposal containing statements, letters, etc., shall be
signed by a duly authorized officer of the company, whose signature is binding
on the proposal.
The undersigned offers and agrees to furnish all of the equipment/services upon
which prices are stated in the accompanying proposal. The period of acceptance
of this proposal will be one hundred and twenty days from the date of the proposal
opening.
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, a Notary Public, in and for the State of
Texas
on this day
personally appeared who, after being
by me duly sworn, did depose and say:
“I,
, am a duly authorized officer of/agent for
and have been duly authorized to execute the foregoing on behalf of the said
,
.”
{NAME OF FIRM}___________________________
I hereby certify that the foregoing proposal has not been prepared in collusion
with any other Proposer or other person or persons engaged the same line of
business prior to the official opening of this proposal. Further, I certify that the
Proposer is not now, nor has ever been, for the past six (6) months, directly or
indirectly concerned in any pool or agreement or combination, to control the price
of services/commodities offered, or to influence any person or persons to offer or
not to offer thereon.
NAME AND ADDRESS OF THE PROPOSER:
TELEPHONE NUMBER
BY:
TITLE:
SUBSCRIBED AND SWORN to before me by the above named
on the
day of
, 2016.
Notary Public in and for the State of
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APPENDIX F
EXHIBIT 1
PRICE PROPOSAL SCHEDULE
The undersigned, as Bidder, declares that the only person or parties interested
in this proposal as principals are those named herein; that this proposal is made
without collusion with any other person, firm, corporation; that Bidder has
carefully examined the form of Contract, instructions to bidders, profiles, grades,
specifications, and the plans therein referred to, and has carefully examined the
locations, conditions and classes of materials of the proposed work; and agrees
that Bidder will provide the necessary machinery, tools, apparatus, and other
means of construction, and will do all the work and furnish all the materials
called for in the contract and specifications in the manner prescribed therein and
according to the requirements of Brooks Development Authority as therein set
forth.
It is understood and agreed that the work is to be completed in full thirteen (13)
months after commencement of construction.
In the event of the award of a contract to the undersigned, the undersigned
will execute same on Standard Form Brooks Development Authority
Construction Contract and make a bond (if the proposal exceeds $25,000)
for the full amount of the contract, to secure proper compliance with the
terms and provisions of the contract, and to insure and guarantee the work
until final completion and acceptance or the end of the guarantee period
where so stipulated, and to guarantee payment of all lawful claims for labor
performed and materials furnished in the fulfillment of the Contract.
The work proposed shall be accepted when fully completed and finished to the
entire satisfaction of the Brooks Development Authority.
The undersigned certifies that the bid prices contained in this proposal have been
carefully checked and are submitted as correct and final.
Bidder is:
[ ] An individual proprietorship;
[ ] A partnership composed of:
__________________________________________________________________________
and ______________________________________________________________________
[ ] A corporation chartered under the laws of the State of __________________,
acting by its officers pursuant to its by-laws or a resolution of its Board of
Directors.
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Appendix F
Exhibit 2
Bid Form
Bid Form is posted on the BDA website.
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APPENDIX G
SMALL BUSINESS ECONOMIC DEVELOPMENT ADVOCACY POLICY
REQUIREMENTS
HISTORICAL GOOD FAITH EFFORT PLAN
SBEDA FORM 117C
SUBCONTRACTORS LIST
Small Business Economic Development Advocacy (SBEDA) Police Requirements
It is the policy of the Brooks Development Authority to involve qualified small
business and local business enterprises to the greatest extent feasible in BDA’s
professional service and other discretionary contracts. Pursuant to Brooks
Development Authority, Board Resolution #021704-124, the Brooks
Development Authority, its employees, contractors and subcontractors shall not
discriminate on the basis of race, color, religion, national origin, sex, age or
disability in the award and performance of contracts.
BDA has established the following overall contracting goals:
□
□
□
□
Minority-Owned Business Enterprise (MBE):
Women-Owned Business Enterprise (WBE):
African-American-Owned Business Enterprise (AABE):
Small Business Enterprise (SBE):
24.0%
11.0%
1.5%
50.0%
Please note that a business could be classified in each category and therefore
their utilization could be counted in each category of goals. For example,
Company X submits proposal as a prime contractor for $250,000 of services of
which $60,000 is subcontracted to Company Z. Company X retains $190,000 of
the contract. Company X is classified as local SBE, and Company Z is certified
as an AABE, WBE, MBE and SBE. Goal compliance will be evaluated as follows:
Contract Amount: $250,000
MBE
=
$ 60,000 or 24.0%
WBE
=
$ 60,000 or 24.0%
AABE =
$ 60,000 or 24.0%
SBE
=
$ 250,000 or 100%
Company Z’s $60,000 subcontract counts towards MBE/WBE/AABE and SBE
goals. Company X’s $190,000 balance counts towards the SBE goal. MBE’s and
Webs submitting proposals as a prime contractor may count their status as such
towards the appropriate goal. However, compliance with other goals (i.e., AABE,
SBE, etc.) is required.
Proposals shall include a Good Faith Effort Plan (GFEP). The GFEP shall include
specific documentation, as outlined in SBEDA Form 117C, “Good Faith Effort
Plan for Subcontractors and Professional Services” (Attached), that
demonstrates a commitment by the proposer, to utilize minority and women
business enterprises in a percentage which equals or exceeds the above goals.
Any proposals that does not include a completed GFEP shall be declared
non-responsive.
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A firm may count toward the above goals a portion of the total dollar value of a
contract with a joint venture equal to the percentage of MBE, WBE, AABE, or
SBE participation in the joint venture. The MBE, WBE or AABE must be
responsible for a clearly defined portion of the work to be performed, equal to a
share in the ownership, control, management, responsibility, risks and profits of
the joint venture.
Only companies certified by the South Central Texas Regional Certification
Agency (SCTRCA) can be applied towards the contracting goals. If not certified,
please call the SCTRCA at (210) 227-4722. Proof of certification must be
submitted utilizing, in part or in whole, a MBE or WBE firm.
LOCAL AND DISADVANTAGED BUSINESS ENTERPRISE PERFORMANCE
Contractors will be evaluated based on the level of Local and Disadvantaged
Business Enterprise (DBE) Performance. Credit will be given to submittals as
follows:
A. Classification of the team or primary submitter as a local business.
For Locally Headquartered Businesses:
Ten percentage (10%) points if the respondent is has a significant presence
for at least one year within the Relevant Marketplace, defined as: an
established place of business in one or more of the eight counties that make
up the San Antonio Metropolitan Statistical Area (SAMSA), from which 20%
of its full-time, part-time and contract employees are regularly based.
In the cases of joint ventures or subcontractor relationships between local
and out-of-town firms, the submittal will be given credit based on the
percentage of local participation.
B. Designation of the team or primary submitter as a DBE.
Five percentage (5%) points for disadvantaged business enterprises. A
business meeting the definition of a DBE shall receive 5 percentage points.
In order to receive this designation, a company must be certified by the
SCTRCA.
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HISTORICAL GOOD FAITH EFFORT PLAN
SBEDA FORM 117C
NAME OF COMPANY: _____________________________
PROJECT NAME:_________________________________
1. Identify all solicited contractor areas, actual or anticipated. (Use additional
sheets as needed).If M/WBE contracting goal was met, skip to #9.
COMPANY NAME &
TRADE AREA
EST.
PERCENTAG
E/DOLLAR
AMOUNT
DBE
(Y/N)
SCTRCA M/WBE
CERTIFICATION
NUMBER
2. If M/WBE contracting goal was not achieved in a percentage that equals or
exceeds the BDA’s M/WBE goal, please give explanation.
3. List all M/WBE Listing or Directories utilized to solicit participation.
4. List all contractor associations and other business associations solicited for
M/WBE referrals.
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5. Discuss all efforts aimed at utilizing M/WBEs.
6. Indicate advertisement mediums used for soliciting bids from M/WBEs.
7. List all M/WBE bids received but rejected. (Use additional sheets as
needed.)
COMPANY NAME
CITY M/WBE
CERTIFICATION
NUMBER
DBE
(Y/N)
REASON FOR
REJECTION
8. Please attach a copy of company’s M/WBE policy.
9. Name and phone number of person appointed to coordinate and administer
the Good Faith Efforts of your company on this project.
10.This Good Faith Effort Plan is subject to the Brooks Development Authority’s
approval.
SIGNATURE OF AUTHORIZED OFFICIAL
TITLE OF OFFICIAL
DATE
PHONE
___________________________________
__________________
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AFFIRMATION
I HEREBY AFFIRM THAT THE ABOVE INFORMATION IS TRUE AND
COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER
UNDERSTAND AND AGREE THAT, IF AWARDED THE CONTRACT, THIS
DOCUMENT SHALL BE ATTACHED THERETO AND BECOME A BINDING PART
OF THE CONTRACT.
NAME AND TITLE OF AUTHORIZED OFFICIAL:______________________________
SBEDA Form 101, Rev. 01/28/00
FOR BDA USE
Plan Reviewed By:
Recommendation:
Approval
Denial
Action Taken:
Approved
Denied____________
_________________________
Procurement Manager
_________________________
Date
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APPENDIX H
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The undersigned, under penalty of perjury, certifies that, except as noted below,
he/she or any other person associated therewith in the capacity of owner,
partner, director, officer, manager:

is not currently under suspension, debarment, voluntary exclusion,
or determination of ineligibility by any state or federal agency;

has not been suspended, debarred, voluntarily excluded or
determined ineligible by any state or federal agency within the past
3 years;

does not have a proposed debarment pending; and

has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any manner
involving fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the
following space.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted above, indicate
below to whom it applies, initiating agency, and dates of action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
Date: __________
____________________________
Signature
_____________________________
Title
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APPENDIX I
Ethics Disclosure
Disclosure of Parties, Owners, and Closely Related Persons
For the purpose of assisting the BDA in the enforcement of provisions contained
in the BDA’s Charter and the code of ethics, an individual or business entity
seeking a discretionary contract from the BDA is required to disclose in
connection with a proposal for a discretionary contract:
(1) The identity of any individual who would be a party to the discretionary
contract;
(2) the identity of any business entity that would be a party to the discretionary
contract:
and in the name of
(A)
any individual or business entity that would be a subcontractor on the
discretionary contract;
(B)
any individual or business entity that is known to be a partner, or a parent
or subsidiary business entity, of any individual or business entity who would
be a party to the discretionary contract;
(3) the identity of any lobbyist or public relations firm employed for purposes
relating to the discretionary contract being sought by any individual or business
entity who would be a party to the discretionary contract;
Political Contributions
Any individual or business entity seeking a discretionary contract from BDA must
disclose in connection with a proposal for a discretionary contract all political
contributions totaling on hundred dollars ($100) or more within the past twenty
–four (24) months made directly or indirectly to any member of BDA, San Antonio
City Council or to any political action committee that contributes to BDA
or City Council elections, by any individual or business entity whose identity
must be disclosed under (1), (2) or (3) above. Indirect contributions by an
individual include, but are not limited to contributions made by the individual’s
spouse, whether statutory or common-law.
CSP for Brooks Linear Park
Bid #04192016-013
48
To Whom Made:
Amount:
Date of Contribution:
Disclosure in Proposals
Any individual or business entity seeking a discretionary contract with the BDA
shall disclose any known facts which, reasonable understood, raise a question
as to whether any city official would violate Section 1 of Part B by participating
in official action relating to the discretionary contract.
Signature:
CSP for Brooks Linear Park
Bid #04192016-013
Title:
Date:
49
CONFLICT OF INTEREST
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being 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 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.
________________________________________________________________________
1. Name of person doing business with local governmental entity.
2.
Check this box if you are filing an update to a previously filed
questionnaire.
(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 Section176.006(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.)
3. Describe each affiliation or business relationship with an employee or
contractor of the local governmental entity who makes recommendations to a
local government officer of the local governmental entity with respect to
expenditure of money.
4. Describe each affiliation or business relationship with a person who is a local
government officer and who appoints or employs a local government officer of the
local governmental entity that is the subject of this questionnaire.
CSP for Brooks Linear Park
Bid #04192016-013
50
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
5. Name of local government officer with whom filler has affiliation or business
relationship.
(Complete this section only if the answer to A, B, or C is YES)
This section, item 5 including subparts A, B, C, & D, must be completed for
each officer with whom the filer has affiliation or business relationship. Attach
additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to
receive taxable income from the filer of the questionnaire?
Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income
from or at the direction of the local government officer named in this section
AND the taxable income is not from the local governmental entity?
Yes
No
C. Is the filer of this questionnaire affiliated with a corporation or other
business entity that the local government officer serves as an officer or
director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each affiliation or business relationship.
6. Describe any other affiliation or business relationship that might cause a
conflict of interest.
_________________________________
Signature of person doing business with
the governmental entity.
CSP for Brooks Linear Park
Bid #04192016-013
________________________
Date
51
APPENDIX J
INDEMNIFICATION
BDA acknowledges that it is a political subdivision of the State of Texas and is
subject to, and comply with the applicable provisions of the Texas Tort Claims
Act, as set out in the Texas Civil Practice and Remedies Code, § 101.001 et seq.
and the remedies authorized therein regarding claims or causes of action that
may be asserted by third parties for accident, injury or death.
No Joint Enterprise. There is no intention on the part of BDA or the Contractor
to create or otherwise form a joint enterprise under or pursuant to this
Agreement. BDA is engaging in economic development of base property and areas
around the base property pursuant to Local Government Code Chapter 379B.
Contractor covenants and agrees and covenants and agrees to have each of its
subcontractors FULLY INDEMNIFY and HOLD HARMLESS, the BDA, (and the
elected officials, employees, officers, directors, volunteers and representatives of
the BDA) and the BOARD (and the officials, employees, officers, directors,
volunteers and representatives of the BOARD), individually or collectively, from
and against any and all defense costs, claims, liens, damages, judgments, losses,
expenses, fees, fines, penalties, proceedings, actions, demands, causes of action,
liability and suits of any kind in law or in equity and nature, including but not
limited to, personal or bodily injury, death and property damage, made upon the
BDA and/or BOARD directly or indirectly arising out of, resulting from or related
to Contractor’s Subcontractor’s activities under this Agreement, including any
acts or omissions of any agent, officer, director, representative, employee,
consultant or subcontractor of Contractor’s Subcontractor and their respective
officers, agents, employees, directors, and representatives while in the exercise
or performance of the rights or duties under this Agreement.
The indemnity provided in the forgoing paragraph shall not apply to any liability
resulting from the sole negligence of the BDA (and the elected officials, employees,
officers, directors, volunteers and representatives of the BDA) or the BOARD (and
the officials, employees, officers, directors, volunteers and representatives of the
BOARD), in instances where such negligence causes personal injury, death, or
property damage, except to the extent provided below.
IN THE EVENT CONTRACTOR’S SUBCONTRACTOR, BDA AND/OR THE
BOARD ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT
JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT,
HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAIALBE TO THE
BDA AND/OR THE BDA BOARD UNDER TEXAS LAW AND WITHOUT WAIVING
ANY DEFENSES OF THE PARTIES UNDER TEXAS, FEDERAL, OR
INTERNATIONAL LAW.
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52
Contractor shall advise the BDA and the BOARD in writing within 24 hours of
any claim or demand against the BDA and/or the BOARD, or Contractor known
to Contractor related to or arising out of Contractor’s Subcontractor’s activities
under this Agreement. Contractor’s Subcontractor shall see to the investigation
and defense of any such claim or demand against Contractor’s Subcontractor,
the BDA or the BOARD at Contractor’s Subcontractor’s sole cost until the BDA
or the BOARD is found to be negligent by a court of competent jurisdiction. The
BDA and the BDA BOARD shall have the right, at their option and at their own
expense, to participate in such defense without relieving Contractor’s
Subcontractor of any of its obligations under this paragraph.
The provisions of this INDEMNIFICATION are solely for the benefit of the parties
hereto and not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
Contractor acknowledges receipt of the indemnification document, and
understands it will be incorporated into any contract awarded.
______________________________
Contractor Signature & Title
CSP for Brooks Linear Park
Bid #04192016-013
______________________
Date
53
APPENDIX K
RETAINAGE AND FINAL PAYMENT
After Project Manager and Architect/Engineer have issued the Certificate for
Payment, the BDA shall make payment in the manner and within the time
provided in the Contract Documents, and shall so notify the Project Manager and
Architect/Engineer.
A. Subject to provisions of the Contract Documents, the amount of each
progress payment shall be computed as follows:
1. Take that portion of the Contract Sum properly allocable to completed
Work as determined by multiplying the percentage completion of each
portion of the Work by the share of the Contract Sum allocated to that
portion of the Work in the schedule of values, less retainage of Five
percent (5.00%). Pending final determination of cost to the BDA of
changes in the Work, amounts not in dispute shall be included as
provided in Section 7.3.8 of AIA Document A201-1997;
2. Add that portion of the Contract Sum properly allocable to materials
and equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction (or, if approved in advance
by the BDA, suitably stored off the site at a location agreed upon in
writing), less retainage of Five percent (5.00%);
3. Subtract the aggregate of previous payments made by the BDA; and
4. Subtract amounts, if any, for which the Project Manager and Engineer
have withheld or nullified a Certificate for Payment as provided in
Section 9.5 of AIA Document A201-1997.
B. The progress payment amount determined shall be further modified under
the following circumstances:
1. Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to the full amount of the Contract Sum,
less such amounts as the BDA’s Representative shall determine for
incomplete Work, retainage applicable to such work and unsettled
claims; and
2. Add, if final completion of the Work is thereafter materially delayed
through no fault of the Contractor, any additional amounts payable in
accordance with Section 9.10.3 of AIA Document A201-1997.
C. BDA may refuse to recommend the whole payment or, any part of any
payment if, in BDA’s opinion, it would be incorrect to make such payment,
because of subsequently discovered evidence, or the results of subsequent
inspections or tests, nullify any such payment previously recommended, to
such extent as may be necessary in BDA’S Representative’s opinion to protect
BDA from loss because:
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1. the Work is defective, or completed Work has been damaged, requiring
correction or replacement;
2. the Contract Price has been reduced by Written Amendment or Change
Order;
3. BDA has been required to correct defective Work or complete Work in
accordance with the requirements noted herein this Agreement; or
4. BDA’S Representative’s actual knowledge of the occurrence of any of
the events enumerated herein.
CONTRACTOR shall keep efficient and accurate records of all costs incurred
in connection with the Agreement, which shall be open to inspection by BDA
or any authorized representative of BDA during course of the work and until
one year after final billing.
D. Final Payment. Upon final completion and acceptance of the Work, BDA shall
pay the remainder of the Contract Price as recommended by BDA’S
REPRESENTATIVE as provided in this section. However, if the BDA has
received:
1. notice or has actual or perceived knowledge of any existing and unwaived payment bond claim from any subcontractors or suppliers, the
BDA may withhold the final payment, an amount equal to the total
amounts of such un-waived claim affidavits to satisfy any claims; and
2. BDA may withhold final payment subject to CONTRACTOR’s
compliance with Section 7.13.
The making of Final Payment shall constitute a waiver of all claims by BDA
except those arising from 1) unsettled payment bond claim, 2) guarantees as
defined herein this Agreement, and 3) defective and/or non-conforming Work.
E. Close Out Documents. Final payment is subject to the Contractor’s delivery
to the BDA of the following documents, if applicable, but not limited to:
1. All subcontractor and supplier final payment bond claim waivers;
2. Copies of subcontractor’s cleared checks or documented proof of
payment to the subcontractor(s);
3. Contractor’s and subcontractor’s one (1) year warranty for labor and
material;
4. Any manufacturer’s warranties;
5. Operations and Maintenance manuals for installed equipment;
6. “As Built” plans and shop drawings;
7. Copies of any permits and inspections;
8. Applicable MSDS Sheets;
9. Engineer’s/BDA’s Representative’s Final Acceptance;
10. Final Acceptance of Public Improvements by necessary public
entity; and
11. Any Separate Maintenance Agreements (i.e. landscaping).
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The making of progress payments by BDA shall not be construed as an absolute
acceptance of the work done up to the time of such payments. BDA, however,
may exercise reasonable care in discovering and reporting to CONTRACTOR as
the work progresses all materials and labor which are not in accordance with
drawings and specifications, so as to avoid unnecessary trouble and cost to
CONTRACTOR in correcting defective work, however, failure of BDA to notify
CONTRACTOR of non-conforming work shall not relieve CONTRACTOR of
responsibility to correct non-conforming work.
The Contractor agrees and understands that retainage will not be paid until
ALL of the documents referenced in Section E have been received, AND
FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS by necessary public entity
has been received.
__________________________________
Contractor’s Name/Title
CSP for Brooks Linear Park
Bid #04192016-013
_________________________
Date
56
APPENDIX L
Addendums
I acknowledge receipt of all addendums and special provisions.
Signature & Title
CSP for Brooks Linear Park
Bid #04192016-013
Date
57
PROPOSAL CHECKLIST
Be sure to include the following items:

One (1) hard copy of the proposal (including appendices A-L) in a three ring
binder. BDA requests that appendices not be manipulated with software.
Typed or handwritten appendixes are acceptable; and
□
□
□
□
□
□
□
□
□
□

Appendix A – Contractor’s Qualifications Statement
Appendix D – Confidentiality Statement
Appendix E – Insurance Requirement Affidavit
Appendix F– Proposal Affidavit
 Exhibit 1 – Price Proposal Schedule
 Exhibit 2 – Price Proposal Sheet
Appendix G - Small Business Economic Development Advocacy
(SBEDA) Requirements
 Historically Good Faith Effort Plan; and
Appendix H – Debarment and Suspension Certification
Appendix I - Ethics Ordinance Required Disclosure
 Conflict of Interest
Appendix J – Indemnification Requirements
Appendix K – Retainage and Final Payment
Appendix L – Addendums
One (1) CD-Rom or USB drive containing the proposal (without appendices)
which specifically address the criteria as referenced on page 7; limited to 20
pages (Do not include copies of the Appendices on the CD-ROM or USB
drive. It is the responsibility of the bidder to ensure that all copies of
the CD-ROMS or USB drives are readable and not corrupt).
CSP for Brooks Linear Park
Bid #04192016-013
58

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