REQUEST FOR QUALIFICATIONS (RFQ) NO FOR City of Mesquite, TX CLOSING DATE AND TIME: SEPTEMBER 21, :00 P.M. NEW FIRE STATION NO.

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1 REQUEST FOR QUALIFICATIONS (RFQ) NO FOR City f Mesquite, TX CLOSING DATE AND TIME: SEPTEMBER 21, :00 P.M. NEW FIRE STATION NO. 4 A pre submittal cnference will be held at 9:00 a.m. n Tuesday, September 12, 2017 in the Fire Administratin Cnference Rm lcated n the first flr f The City f Mesquite Municipal Center, 1515 N. Gallway Avenue. 1

2 GENERAL CLAUSES AND CONDITIONS 1. If yu have questins regarding the preparatin f yur respnse yu may cntact Ryan Williams, Manager f Purchasing, at r at: purchasing@cityfmesquite.cm. Fr technical questins, cntact Mark Kerby, Fire Chief, telephne , mkerby@mesquitefire.rg. 2. Vendrs wh d nt respnd t this particular request, but wh want t remain n ur mailing list fr future pprtunities shall indicate NO RESPONSE n the face f this page by putting the date and signed by the authrized representative f yur cmpany and return this page t the Purchasing ffice. Yur assistance in this matter is greatly appreciated. 3. Prtectin f Resident Wrkers: The City f Mesquite actively supprts the Immigratin and Natinality Act (INA) which includes prvisins addressing emplyment eligibility, emplyment verificatin, and nndiscriminatin. Under the INA, emplyers may hire nly persns wh may legally wrk in the United States (i.e., citizens and natinals f the U.S.) and aliens authrized t wrk in the U.S. The emplyer must verify the identity and emplyment eligibility f anyne t be hired, which includes cmpleting the Emplyment Eligibility Verificatin Frm (I 9). The Cntractr shall establish apprpriate prcedures and cntrls. 4. Laws and Ordinances: The Cntractr shall at all times bserve and cmply with all Federal, State and lcal laws, rdinances and regulatins which in any manner affect the Cntract r the wrk, and shall indemnify and save harmless the City against any claim arising frm the vilatin f any such laws, rdinances and regulatins whether by the Cntractr r his emplyees. 5. Submit ne (1) riginal and ne (1) cmplete cpy f the entire Respnse with ne (1) cmplete cnslidated electrnic cpy f files in PDF frmat n a flash drive. Respnses must be received prir t the clsing date and time t be cnsidered. Respnses must be submitted in sufficient time t be received and time stamped at the abve lcatin n r befre the published date and time shwn n the RFQ/RFP. The City f Mesquite will nt be respnsible fr mail delivered frm the pst ffice. Respnses received after the published time and date cannt be cnsidered and will be returned unpened. 6. Respnses will be received and publicly acknwledged at the lcatin, date and time stated abve. Only the name f the respndents respnding t this request fr qualificatins shall be released at the respnse pening. Other infrmatin submitted by the respndent shall nt be released by the City during the prpsal evaluatin prcess r prir t cntract award. At n time will cnfidential infrmatin, as nted by the respndent, be released. 7. Respndent shall attach fficial dcumentatin frm the State f Texas r ther qualified certificatin agency f M/WBE status f yur cmpany with bid/prpsal. This data is fr infrmatinal purpses nly and will nt affect the award. 8. A cmpleted W 9 frm will be required within five business days nce ntificatin has been received. 9. In submitting an ffer, respndent certifies that they have nt participated in nr have they been 2

3 party t any cllusin, price fixing r any ther illegal r unethical agreements with any cmpany, firm r persn cncerning the pricing ffered. 10. The attached Nn Exclusin Affidavit fr General Cntractrs must be signed, ntarized and submitted with respnse. 11. A representative f the prpsing entity wh is authrized t enter int cntract n behalf f the prpsing entity must manually sign respnse in ink. The persn signing the respnse must indicate his/her title alng with signature. Respnses received withut prper signature will nt be cnsidered. 12. Any ambiguity in the respnse as a result f missin, errr, lack f clarity r nn cmpliance by the respndent with specificatins, instructins and all cnditins shall be cnstrued in favr f the City. 13. The City f Mesquite reserves the right t reject any and all respnses, waive frmalities and t make award as may be deemed t the best advantage f the City. N respnse may be withdrawn within frty five (45) days after date f pening. 14. This Cntract may be terminated at any time with thirty (30) days written ntice by either the City f Mesquite r successful respndent. 15. The City is nt liable fr any cst incurred by Respndents in replying t this RFQ/RFP. This includes csts t determine the nature f the respnse, submitting, negtiating, presentatins r any ther csts a vendr wuld incur in respnding t the RFQ/RFP. 16. Respndents shall cmplete all infrmatin requested and blanks prvided shall be filled in n the prvided frms. Failure t cmpletely describe the merchandise being prpsed may result in rejectin f yur respnse. 17. The City is exempt frm all sales and excise taxes. 18. The City f Mesquite reserves the right t evaluate variatins frm these specificatins. If exceptins are made, respndent shall state wherein the merchandise fails t meet these specificatins. Failure t cmpletely describe the merchandise being prpsed may result in rejectin f yur respnse. 19. It shall be understd all respnses, inquires r crrespndence relating t r in reference t this RFQ/RFP, and all reprts, charges and respnses r referencing infrmatin submitted in respnse t this RFQ/RFP shall becme the prperty f the City, and will nt be returned. The City will use discretin with regard t disclsure f prprietary infrmatin cntained in any respnse, but cannt guarantee infrmatin will nt be made public. As a gvernmental entity, the City is subject t making recrds available fr disclsure. 20. All restrictins n the use f data cntained within a respnse and all cnfidential infrmatin must be clearly stated in the RFQ/RFP. Prprietary infrmatin submitted in respnse t the RFQ/RFP, will be handled in accrdance with the Texas Open Recrds Law and ther applicable state statutes. 3

4 21. It is the vendr s respnsibility t check fr any addendums that might have been issued befre the prpsal clsing date and time. 22. Cperative Purchasing: As permitted under the Texas Lcal Gvernment Cde, Chapter , ther gvernment entities may wish t als participate under the same terms and cnditins cntained in this cntract (piggyback). Each entity wishing t piggyback must have prir authrizatin frm the City f Mesquite and vendr. If such participatin is authrized, all purchase rders will be issued directly frm and shipped directly t the entity requiring supplies/services. The City f Mesquite shall nt be held respnsible fr any rders placed, deliveries made r payment fr supplies/services rdered by these entities. Each entity reserves the right t determine their participatin in this cntract. Successful respndent agrees t extend prices t all entities that have entered int r will enter int jint purchasing inter lcal cperatin agreements with the City f Mesquite Yes N. 23. The respnse evaluatin prcess will ccur after the clsing date. The City s evaluatin and clarificatin prcess will cmmence. An evaluatin team will review the respnses. Criteria described in this RFQ/RFP will be cnsidered, as well as any ther factrs the evaluatin team determines may affect the suitability f the respnse fr the City s requirements. A Respndent s submissin cnstitutes their acceptance f the evaluatin technique. 24. The insurance requirements are included in this dcument. Respndents agree t prvide and t maintain the required types f insurance fr the term f the cntract. An riginal certificate f insurance will be required within 10 business days by the apparent successful cntractr nce ntificatin has been received. 25. The Cntract is included fr respndent s infrmatin s that respndents may be familiar with their cntents and requirements. Respndent shall nt fill in r execute these frms at time f prpsal submittal. Upn award f the prpsal, the awarded vendr will be required t execute the cntract. 26. Submissins that are incmplete r d nt cmply with mandatry submissin requirements shall be rejected. In additin, the City f Mesquite reserves the right t reject in whle r in part any respnses submitted, and t waive minr technicalities when in the best interest f the City. Respnses may be disqualified fr any f, but nt limited t, the fllwing reasns: Cllusin amng Respndents; Failure t cmply with r inclusin f terms and cnditins in cnflict with, the terms f this RFQ, r City f Mesquite prcurement rules and prcedures; Failure t meet minimum respnse requirements established in the RFQ. 4

5 SPECIAL PROVISIONS 1. The successful respndent s rights and duties awarded by the cntract may nt be assigned t anther withut written cnsent f the City signed by the City s authrized agent. Such cnsent shall nt relieve the assigned f liability in the event f default by the assignee. 2. Any deviatins frm specificatins and alternate respnses must be clearly shwn with cmplete infrmatin prvided by the respndent. They may r may nt be cnsidered by the City. 3. N ral statement f any persn shall mdify r therwise change, r affect the terms, cnditins r specificatins stated in the resulting cntract. All change rders t the cntract will be made in writing and shall nt be effective unless signed by an authrized representative f the City. 4. The City shall have the right t mdify this rder subject t an adjustment in the price in accrdance with the applicable prvisins f the purchase rder, if any, r pursuant t mutual agreements. N agreement r understanding t mdify this rder shall be binding n the City unless it is in writing and signed by an authrized representative f the City. 5. The City reserves the right t require additinal technical infrmatin and negtiate all elements which cmprise the Vendr s respnse t ensure that the best pssible cnsideratin be affrded t all cncerned. The City reserves the right t accept all r part f any prpsal, t reject any r all prpsals and t re slicit fr prpsals. 6. Services r prducts under the Cntract Dcuments shall nt be perfrmed r manufactured by any wrker why is nt legally eligible t perfrm such services r emplyment. 7. All questins must be submitted via fax at r nly by 2:00 p.m. n Thursday, September 14, 2017 t Ryan Williams, Manager f Purchasing at purchasing@cityfmesquite.cm prir t prpsal clsing date. 8. Respndents shall submit a ttal f five (5) wrk references. 9. Respndents shall fill ut the fllwing required dcuments. If the fllwing frms are nt included, the respnse may be cnsidered nn respnsive. Check List: Cnflict f Interest Questinnaire Nn Exclusin Affidavit fr General Cntractrs References Cntractr s Signature Page 5

6 I. GENERAL INFORMATION The City f Mesquite is sliciting statements f qualificatins fr the selectin f Architects as listed in this request fr qualificatins. II. ARCHITECTURE AND ENGINEERING SERVICES Architecture and Engineering Services Mesquite Fire Department Fire Chief Mark Kerby This request fr qualificatins is meant t specify a scpe f wrk fr qualified vendrs t price and prpse the necessary architecture and engineering services as set frth in the recmmendatins by the Fire Department. Backgrund: The City f Mesquite is issuing this Request fr Qualificatins (RFQ) fr the purpse f inviting submittal f Statement f Qualificatins frm design Respndents interested in prviding prfessinal architectural services fr the prgramming, design, cnstructin dcuments and cnstructin administratin f a New Fire Statin adjacent t and replacing the existing Fire Statin #4 lcated at 816 Rde Center Blvd., Mesquite, Texas. Existing Fire Statin #4 will remain in peratin during the cnstructin phase. Demlitin f the existing Fire Statin #4 will ccur after cmpletin f the New Fire Statin #4. The City will utilize the Cnstructin Manager at Risk (CMaR) delivery methd fr management f this prject. The architectural firm selected will wrk with the City and within the CMaR team thrughut all stages f the prcess. Scpe f Wrk: The architectural firms selected will prvide a full range f basic services (frm Prgramming t Cnstructin Administratin). The City anticipates negtiating a full service architectural cntract including, but nt limited t, prgramming and needs assessment; landscape design; interir design; engineering; furniture, fixtures, and equipment selectin; statements f prbable cnstructin cst; building design; bid dcuments; cnstructin administratin; assisting with prject clseut; and crdinatin with and submittals t gverning agencies (including TAS/TDLR, City f Mesquite Planning and Building Inspectin, etc.). Interested candidates must exhibit the required knwledge, qualificatins, and expertise t deliver such prfessinal services within the framewrk f a CMaR cnstructin delivery methd. T prepare fr any subsequent negtiatins, shuld yur firm be selected, please be aware that the City will require a fixed fee; strike prvisins fr arbitratin frm all cntracts; and nt accept cst multipliers fr special services and reimbursable expenses. 6

7 Time Schedule: The New Fire Statin #4 is targeted t pen late 2018 t early Firms shuld utline their apprach t designing the facility in this time frame and als cmment n the cnstraints and/r resurces required t make this design schedule feasible. Please prvide a schedule illustrating current and anticipated wrk/prjects currently underway by yur firm. III. SELECTION PROCESS This RFQ is the first step in a tw step prcess fr selecting firms in the Architecture and Engineering Service listed in Sectin I. City f Mesquite Staff will analyze and evaluate the Statements f Qualificatin (SOQ). Based n the evaluatin criteria established fr the prject; a shrtlist f candidates will be develped. The RFQ prvides infrmatin necessary t prepare and submit qualificatins fr cnsideratin and ranking. Based n this ranking, the Staff will select the apprpriate number f tp ranked respndents. It may be necessary t interview several tp respndents. The highest ranked firm will be asked t submit a fee prpsal t begin cntract negtiatins. In the event that Staff fail t reach a final cntract with that firm, Staff will cntinue negtiatins with the next highest firm and will cntinue with ne f the ther firms until the selected vendr is awarded the negtiated cntract. Upn cmpletin f the negtiatins, separate cntracts shall be executed by the gverning bdy f the City f Mesquite in a frm acceptable t each entity. Acceptance f evaluatin methdlgy: By submitting its Qualificatins in respnse t this RFQ, respndent accepts the evaluatin prcess as utlined in Sectin IV and acknwledges and accepts that determinatin f the mst qualified firm(s) may require subjective judgments by City f Mesquite Staff. Public infrmatin: All infrmatin, dcumentatin, and ther materials submitted in respnse t this slicitatin are cnsidered nn cnfidential and/r nn prprietary and are subject t public disclsure under the Texas Public Infrmatin Act after the slicitatin is cmpleted and cntract executed with the selected firm. Firms assciating with ther firms is encuraged in rder t bring specific expertise and experience t the prject. 7

8 IV. REQUIREMENTS FOR STATEMENT OF QUALIFICATIONS Respndents shall carefully read the infrmatin in the fllwing evaluatin criteria and submit a cmplete statement f qualificatins t all questins in this sectin frmatted as directed in the sectin frmatted as directed belw. All sectins shuld have tab dividers. RFQ EVALUATION SCORING MATRIX An Evaluatin Team cnsisting f City Staff shall review the infrmatin prvided and scre the infrmatin using the fllwing: SELECTION CRITERIA: POINTS SCORE 1. QUALIFICATIONS OF THE RESPONDING FIRM AND EXPERIENCE 40 = The evaluatin is based n the Cnsultant s capability t prvide the requested services. Number f apprpriate staff in lcal ffice. Available in huse services. Lcatin f ffice with respect t Mesquite. Access t necessary sub cnsultants. The Cnsultant shuld demnstrate experience with and an understanding f the specifics and critical factrs related t the Prject type. Evaluatin is based n experience with prjects f similar type, cst, and cmplexity. 2. PROPOSED PROJECT STAFF 20 = The Cnsultant shuld prvide the name and qualificatins f the key staff that will be invlved in prject. Evaluatin is based n their specialty and depth f experience with similar type prjects. They need t demnstrate creativity and ability t perfrm their assigned respnsibility in a timely manner and within budget. 3. SCHEDULE 20 = Respnse shuld prvide enugh detail t cnfirm an ability t cnsistently and reasnably meet prject schedule and that the City deadline can be reasnably met. 4. REFERENCES 20 = The Evaluatin is based n infrmatin prvided frm the References prvided. Their experience with the firm r staff. Its custmer service, ability t delivery n time and within budget. Overall satisfactin. TOTAL POSSIBLE SCORE 100 = 8

9 1. QUALIFICATIONS OF THE RESPONDING FIRM AND EXPERIENCE: (40pts) The verall qualificatins, experience and reputatin f the firm t prvide the services sught in this RFQ. This categry includes but is nt limited t the Respndent s: Experience, reputatin, and demnstrated cmpetence n prjects f similar scpe and cmplexity; Experience with municipal clients; Availability t respnd t the needs f the City f Mesquite in a timely manner; ability t relate t prject requirements; Level f cnflict f interest between the Respndent and the City f Mesquite 2. PROPOSED PROJECT STAFF: (20pts) Prvide a statement that summarizes the prpsed key persnnel wh will be directly assigned t primary areas, the qualificatins and related experience f each member, and designate the lcatin and emplyment f each team member (e.g. cmpany emplyee, sub cnsultant emplyee, cntract emplyee, etc.). Include an Organizatinal Chart. Respndent must be registered, r have persnnel n their direct staffs that are registered in the prfessinal services discipline required t perfrm the services requested. If sub cnsultants are included t assemble a prject team, their qualificatins and experience f prpsed key persnnel shuld be described with respect t the relevant categry r subcategry f wrk. One persn shall be designated as the primary cntact fr the City f Mesquite thrughut the cntract term. The Respndent agrees that the primary cntact assigned shall remain available fr the entirety f the term as lng as that individual is emplyed by the Respndent r unless the City f Mesquite agrees t a change in the key persnnel. 3. SCHEDULE: (20pts) This sectin shuld prvide enugh detail t cnfirm the firm s ability t cnsistently and reasnably meet prject schedule milestnes and that the City deadline can be reasnably met. 4. REFRERENCES: (20pts) The respnding firm shall prvide five (5) references wh can be cntacted regarding the firm s perfrmance n a design prject f similar nature. V. SUBMITTALS Respndents must prvide the fllwing infrmatin in their submissin in rder t be cnsidered respnsive. Elabrate cvers, binding, dividers and ther are nt required, nr desired. Extensive marketing materials are nt desired. Submissins shuld give the full firm name, delivery address, and cntact infrmatin f Respndent. The persn signing the submissin shuld shw title and authrity t bind his/her firm in future cntract. Each Respndent shuld submit a letter f transmittal, limited t tw pages, that includes: A brief statement f the Respndent s understanding f the scpe f wrk; The names, titles, mailing and addresses, and telephne numbers f the individuals wh are authrized t make representatins n behalf f the Respndent; A statement that the persn signing the transmittal letter is authrized t legally bind the 9

10 Respndent; Identificatin f a single pint f cntact t respnd t any questins regarding the submissin. Each Respndent shall submit a brief verview f the firm and identify the prject team t be assigned, alng with each team member s credentials. The summary shuld include an verview f the firm, crpratin, partnership, and prvide a brief verview f each f the firms, crpratins, partnerships r ther t whm the Respndent intends t subcntract any prtins f the wrk and are the prject team members. On ne page, list the team member firms, including the lead firm, and a simple rganizatinal chart f the team, shwing the reprting structure f the peple prpsed t d the wrk. Respndents shall present infrmatin t demnstrate financial stability and perfrmance, and firm histry. Respndents shall submit: Name and address f business entity submitting the prpsal. Name and lcatin f majr ffices and ther facilities that relate t the Respndent s perfrmance under the terms f the submissin. Name, business addresses, business and fax telephne numbers and addresses f the prpsed principal cntact persn regarding all cntractual matters relating t the RFQ. Pertinent infrmatin relating t the Respndent s rganizatin and experience, cmpetence, reputatin and capability in prviding prgramming, design, preparatin f cnstructin dcuments, and cnstructin administratin. Statement utlining each prject team member s experience in prjects f similar type and scpe, specifically in regard t fire statin design and cnstructin services. Statement regarding prir business with the City f Mesquite, listing the prject(s). Statement relating t existing facilities wned r business peratins that present a ptential cnflict f interest with this prject and the City f Mesquite. Length f time in business. The Respndent shall prvide, n three pages r less, a narrative that describes: Team s track recrd f meeting deadlines and wrking within a budget; Team s systems and prcesses fr ensuring quality and timely perfrmance n similar prjects; Team s wrking relatinship, including backgrund infrmatin n key persnnel and the rles and respnsibilities fr the varius disciplines f architecture and engineering; Team s specific experience delivering design and cnstructin services wrking with a Cnstructin Manager at Risk; Each Respndent shall prvide examples f challenges t schedule and methds taken t meet the prject schedule. Narrative describing design cnsideratins that address and prmte firefighter health and safety, including but nt limited t minimizing indr txins and reducing the pssibility f wrkplace injury. Each Respndent must prvide n less than five (5) client references fr similar prjects. In at least three f thse prjects, the Respndent shuld have served as lead in design team within the last eight years. The list f clients must include the fllwing infrmatin: Prject name and lcatin; Name and address f client; Name and current phne number f client cntact wh was directly invlved with the 10

11 prject Cntract start date and duratin; Type and size f cntract; Firm s rle in prject; Number f staff by psitin participating in the design, preparatin f cnstructin dcuments and participating in cnstructin administratin; Name f General Cntractr. These references will be cntacted and used in cnjunctin with the evaluatin f the submissins. VI. ADDITIONAL INFORMATION TO BE INCLUDED IN STATEMENT OF QUALIFICATIONS The City f Mesquite requires prfessinal liability insurance fr firms with which it cntracts. Please state what cverages yur firm carries and in what amunts. Identify firm's executives wh have current claims r wh have participated in litigatin against the City f Mesquite while with anther firm. Firms currently under litigatin with the City r whse executives have been in litigatin with the City may nt be cnsidered fr this prject. It will be incumbent n thse persns r firms with persns, having ptential cnflicts f interest t identify and cure such cnflict(s) prir t cnsideratin f the wrk. Failure t identify such cnflict may remve that persn r firm frm further cnsideratin. Prvide any brchures r ther marketing literature yu wish t include in yur submittal. VII. DUE DATE AND CONTACT One (1) riginal and ne (1) cpy and ne (1) electrnic cpy f the Statement f Qualificatins are required. STATEMENTS OF QUALIFICATIONS are t be delivered by Thursday, 2:00 P.M., September 21, 2017, t: Ryan Williams Manager f Purchasing Purchasing Divisin City f Mesquite 1515 N. Gallway Mesquite, Texas Fr technical questins cncerning the Request fr Qualificatins yu may cntact: Fire Chief Mark Kerby mkerby@mesquitefire.rg 11

12 VIII. COOPERATIVE PURCHASING Cperative Purchasing: As permitted under the Texas Lcal Gvernment Cde, Chapter , ther gvernment entities may wish t als participate under the same terms and cnditins cntained in this cntract (piggyback). Each entity wishing t piggyback must have prir authrizatin frm the City f Mesquite and vendr. If such participatin is authrized, all purchase rders will be issued directly frm and shipped directly t the entity requiring supplies/services. The City f Mesquite shall nt be held respnsible fr any rders placed, deliveries made r payment fr supplies/services rdered by these entities. Each entity reserves the right t determine their participatin in this cntract. Successful prpser agrees t extend prices t all entities that have entered int r will enter int jint purchasing inter lcal cperatin agreements with the City f Mesquite Yes N. IX. CONTRACTOR S SIGNATURE PAGE Pre bid Inspectin The undersigned declares that he has persnally inspected the site where the wrk is t be perfrmed and that he has infrmed himself f all: (1) Surface and subsurface cnditins, cnstraints, and facilities which may in any way affect the wrk, in terms f cst, time, and/r cnstructability; (2) Quantities, types, and nature(s) f materials t be incrprated int the wrk; (3) Types and specialties f equipment, tls, labr, and superintendence required t perfrm the wrk; (4) Other matters which in any way will affect the wrk and/r the perfrmance f the wrk; (5) Prject plans, specificatins and ther prject dcuments. Cmmencement and Executin The undersigned bidder agrees t cmmence the wrk n r befre the date s stated in the written ntice t prceed and t diligently perfrm all f the wrk and t substantially cmplete the wrk. Time shall cmmence n the first day f mve in, but in n case later than the date s stated in the written ntice t prceed. The right is reserved by the City, as it is advantageus t the City, t reject any and all bids/soq, award a cntract based upn submitted bids, r t re bid the cntract and t waive any and all frmalities. Bidder understands and agrees that the unit prices prvided abve shall be used fr all additins and deletins frm the accepted ptin. Bidder submits as guarantee that he will execute and issue the required cntracts, bnds, insurance, and ther required agreements and dcuments, as set frth under the cntract, and general and special prvisins f agreement. Bidder understands and agrees that, shuld he fail t execute and issue the cntract, bnds, insurance, ther agreements, and ther dcuments as set frth under the general and special prvisins f agreement fr that certain cntract knwn as the (New Fire Statin N. 4, RFQ ) the City will cash r demand payment under the bid bnd fr payment f agreed upn liquidated damages. Bidder understands and agrees that, fr bidding purpse nly, liquidated damages shall be 5% f the Bidder's bid prpsal, and that upn executin f the Cntract, liquidated damages shall be as stated in the General Prvisins. 12

13 Addenda Cntractr acknwledges receipt and incrpratin int the bid f addendums as listed belw: Addendum N. 1 Acknwledgement f Receipt: (initial) Addendum N. 2 Acknwledgement f Receipt: (initial) Addendum N. 3 Acknwledgement f Receipt: (initial) Addendum N. 4 Acknwledgement f Receipt: (initial) Prpsal Apprval: Cmpany Name Signature: Title: Printed Name: Cmpany Address Telephne City State Zip Cde (If Bidder is a Crpratin Seal Prpsal with Crprate Seal) SEAL 13

14 CONTRACTING WITH THE CITY OF MESQUITE Updated: January 8, 2016 Cnflict f Interest Questinnaire And Disclsure f Interested Parties (Frm 1295) YOU WILL BE REQUIRED TO COMPLY WITH THE FOLLOWING: Chapter 176 f the Texas Lcal Gvernment Cde is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclsure f emplyment and business relatinships lcal gvernment fficers may have with cntractrs, cnsultants and vendrs wh cnduct business with lcal gvernment entities. The law applies t any written cntract fr the sale r purchase f real prperty, gds r services. Further infrmatin regarding Texas Cnflict f Interest laws and the Cnflict f Interest Questinnaire (FORM CIQ) can be fund at the Texas Ethics Cmmissin web site at the fllwing web address: PLEASE COMPLETE THE ATTACHED FORM CIQ AND SUBMIT WITH YOUR RESPONSE. Sectin f the Texas Gvernment Cde was enacted in 2015, by the Texas Legislature pursuant t HB 1295, which prvides that a gvernmental entity may nt enter int certain cntracts with a business entity n r after January 1, 2016, unless the business entity submits a disclsure f interested parties (FORM 1295) t the gvernmental entity at the time the business entity submits the signed cntract t the gvernmental entity. Further infrmatin regarding the disclsure f interested parties law and FORM 1295 can be fund at the Texas Ethics Cmmissin web site at the fllwing web address: PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS COMMISSION. 14

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17 Standards f Cnduct The City f Mesquite cnducts business with the public, business partners, vendrs and cntractrs under a set f rules t ensure that all City fficials and emplyees discharge their duties in a manner designed t prmte public trust and cnfidence in ur city. This cde f ethics, titled Standards f Cnduct, is taken frm the Mesquite City Cde, Chapter 2, Art. IV, Sec The City wants yu t be aware f the rules that its emplyees are required t fllw while perfrming their services t yu. A vilatin f state r federal statutes may ccur if these rules are brken. It is hped that by utlining these rules fr yu, yur experience in dealing with the City f Mesquite will be bth rewarding and satisfactry. Acceptance f Gifts r Gratuities Accepting gifts r gratuities by emplyees in cnsideratin fr the perfrmance f their duties, r as an appreciatin fr their perfrmance, is strictly prhibited. Please d nt ffer emplyees any gift, lans r any ther thing f value. Emplyees may nt receive any fee r cmpensatin fr their services frm any surce ther than the City, s please dn t ffer. Please d nt ffer t buy meals fr emplyees. Emplyees may accept cffee, tea, sft drinks, snacks, etc. when attending meetings in yur ffice. Letters t supervisrs fr exceptinal service by emplyees are always welcme. Cnflicts f Interest Emplyees are prhibited frm engaging in any utside activities that cnflict with, r have the appearance f cnflicting with, the duties assigned t them in the emplyment f the City. Please d nt ask emplyees fr any special favr r cnsideratin that is nt available t every ther citizen. Please d nt ask an emplyee t disclse any infrmatin that is nt available t every ther citizen thrugh nrmal public infrmatin channels. Please d nt ffer t cmpensate the emplyee by ffering t hire, r d business with any business entity f the emplyee r family member. D nt ask emplyees t represent yu r yur cmpany r make any recmmendatins n yur behalf ther than thse that are a part f their fficial duties with the City. Please d nt ask emplyees t endrse the prducts r services f yur cmpany. Please d nt ask emplyees t hand ut r pst advertising materials. Slicitatin by City Emplyees Emplyees may nt slicit gifts, lans, r any ther items f value frm peple ding City business that will be used by them persnally. If yu are asked t pay a fee fr services that yu believe is imprper r illegal, please cntact the 17

18 City s ethic s fficer at (payments shuld nly be made t designated cashiers r clerks) Emplyees are prhibited frm taking retaliatry actin against yu fr failing t cmply with any request unless the request is within the scpe f the emplyee s fficial duties fr the City. Use f City Equipment, Facilities and Resurces Use f City equipment, facilities and resurces is authrized nly fr City purpses and fr thse activities permitted by City rdinance and plicy. Please d nt ask emplyees t use City equipment t run errands r perfrm tasks fr yur benefit. Emplyees may nt perfrm tasks, nr cnduct any business nt related t their fficial duties while n City time. Yur Rights and Expectatins When dealing with emplyees f the City f Mesquite yu have the right t hnest, fair and impartial treatment. Yu may expect prmpt, curteus and prfessinal service frm ur emplyees wh are expected t understand and practice gd custmer service skills. Emplyees are tasked t uphld the public trust thrugh the ethical perfrmance f their duties. We understand that the enfrcement f regulatry guidelines and cdes may smetimes be a cause fr cncern; hwever, yu may rest assured that we are respnsible t all f the citizens f Mesquite and ur gal is t serve them t the best f ur ability. Shuld yu have any cncerns r questins cncerning this infrmatin r the cnduct f any f ur emplyees please cntact the City s ethics fficer at All calls t the City s ethics fficer are cnfidential and yur name (r any ther identifying infrmatin) will nt be disclsed. Cliff Keheley City Manager 18

19 Nn Exclusin Affidavit fr General Cntractrs Federal, state, and lcal gvernment agencies, nt prfits, and ther rganizatins that use federal mney t fund all r part f any prgram r prject are required t fllw specific requirements regarding the use f such federal funds. One f these requirements is that n cntract, subcntract, grant, financial assistance, r ther frms f assistance prvided using federal funds may be awarded t individuals r entities that have been suspended, debarred, r therwise excluded frm participatin in federally funded prgrams. The U.S. federal gvernment maintains a Web site knwn as the System fr Award Management (SAM) at One f the purpses f the SAM Web site is t prvide a cmprehensive list f all individuals, firms, and ther entities that have been suspended, debarred, r therwise excluded frm participatin in federally funded cntracts, subcntracts, grants, etc. SAM prvides a simple means f helping gvernment, nn prfit agencies, and ther rganizatins ensure that they d nt award federally funded grants, cntracts, subcntracts, r ther financial r nn financial benefits t any individual, firm, r ther entity that has been excluded by any agency frm participatin in such federally funded activities. I, (Cntractr Representative), hereby certify that neither I nr (Name f the cmpany r rganizatin I represent) nr any subcntractrs that I r said cmpany may emply t wrk n any federally funded activity have been suspended, debarred, r therwise excluded by any federal agency frm participatin in any federally funded activity. I further acknwledge my understanding that, befre entering int a cntract with me r with the cmpany r rganizatin I represent, City f Mesquite staff will perfrm a search n t verify whether I, the rganizatin I represent, r any subcntractrs I may emply t wrk n any federally funded activity, have been excluded frm participatin in any federally funded activity. Signature f Cntractr Representative Date Swrn t and subscribed befre me this day f, 20 Ntary Public in and fr Cunty, (Insert State Name) 19

20 INSURANCE VERIFICATION PROGRAM LETTER OF AUTHORITY TO: RE: All Awarded Vendrs Insurance Verificatin Dear Vendr: The City f Mesquite has prvided Insurance Certificate Administratrs (ICA) authrity t mnitr certificates f insurance, endrsements and ther plicy infrmatin frm ur vendrs and cntractrs. ICA will request, receive, evaluate and rder crrectins frm such cmpanies. ICA will prvide the City f Mesquite with verificatin that any insurance dcument yur agent r insurer certifies cnfrms t the cntract requirements. It is necessary that yu have yur agent r insurer prmptly cperate with ICA by having them prvide the infrmatin ICA requests. All crrespndence regarding certificates f insurance and insurance plicy infrmatin fr the City f Mesquite shuld be sent t the fllwing address. There is n need t prvide cpies t the City f Mesquite. City f Mesquite c/ ICA input@icaprgram.cm P.O. Bx 2566 Frt Wrth, TX Phne: Please frward the enclsed instructins t yur agent/brker. Thank yu fr yur cperatin. 20

21 INSURANCE Fr Architectural Service Cntracts in the Amunt f $50,000 r less: General Liability fr bdily injury, death, r prperty damage with minimum limits f $1,000,000 per Occurrence, $1,000,000 General Aggregate, $1,000,000 Prducts/Cmpleted Operatins Aggregate. General Liability fr bdily injury, death, r prperty damage with minimum limits f $1,000,000 per Occurrence, $1,000,000 General Aggregate, $1,000,000 Prducts/Cmpleted Operatins Aggregate. Prfessinal Liability/Errrs & Omissins cverage with minimum limits f $500,000 per Claim (with n less than a tw year ERP). Aut Liability with minimum limits f $500,000 Cmbined Single Limit. The Certificate(s) must include a statement listing the City f Mesquite, Texas as additinal insured n the General Liability cverages. Emplyers Liability with minimum limits f $100,000 Occupatinal Disease, $100,000 per Accident, and $100,000 per Emplyee. The Certificate must include a statement prviding a Waiver f Subrgatin n the Emplyer s Liability, as well as the General Liability cverage. All Certificates must prvide fr at least 30 day s ntice f cancellatin and bear an authrized signature. All deductibles, self insured retentins must be nted n the Certificates. Claims made plicies are nly acceptable fr the Prfessinal Liability plicy. Declaratins r cpies f plicies, in additin t a certificate f insurance, must be prvided if requested by the City. All cverages must be affrded by a carrier that is licensed r authrized t sell insurance in Texas and have an AM Best rating f A and a financial slvency rating f VII r better. Fr Architectural Service Cntracts in an Amunt greater than $50,000: General Liability with minimum limits f $1,000,000 per Occurrence, $1,000,000 General Aggregate, $1,000,000 Prducts/Cmpleted Operatins Aggregate. General Liability must include cverage fr Premises and Operatins, Prducts and Cmpleted Operatins, Cntractual Liability, Independent Cntractrs, Brad Frm Prperty Damage, and Persnal/Advertising Injury. 21

22 Prfessinal Liability/Errrs & Omissins cverage with minimum limits f $1,000,000 per Claim (with n less than a tw year ERP). Aut Liability with minimum limits f $500,000 Cmbined Single Limit required. The Certificate(s) must include a statement listing the City f Mesquite, Texas as additinal insured n the General Liability cverages. Emplyers Liability with minimum limits f $100,000 Occupatinal Disease, $100,000 per Accident, and $100,000 per Emplyee. The Certificate must include a statement prviding a Waiver f Subrgatin n the Emplyer s Liability, as well as the General Liability cverage. All Certificates must prvide fr at least 30 day s ntice f cancellatin and bear an authrized signature. All deductibles, self insured retentins must be nted n the Certificates. Claims made plicies are nly acceptable fr the Prfessinal Liability plicy. Declaratins r cpies f plicies, in additin t a certificate f insurance, must be prvided if requested by the City. All cverages must be affrded by a carrier that is licensed r authrized t sell insurance in Texas and have an AM Best rating f A and a financial slvency rating f VII r better. 22

23 ARCHITECT'S CONTRACT FOR NEW FIRE STATION NO. 4 CONSTRUCTION MANAGER AT-RISK PROJECT ( ) STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS THIS CONTRACT is made and entered int as f the day f, 20, by and between the CITY OF MESQUITE, a municipal crpratin f Dallas Cunty, Texas (hereinafter called "CITY", which term shall be cnstrued t include any fficer, representative, r Bard f the CITY having authrity t represent r act fr it, in relatin t any part f the subject f this Cntract), and, with ffices lcated at, Dallas, Texas (hereinafter called "ARCHITECT"). W I T N E S S E T H: WHEREAS, CITY intends t cnstruct a new Fire Statin N. 4, hereinafter called the "Prject", at a ttal budgeted cnstructin cst nt t exceed $ fr the cmpletin f the Prject ( Budgeted Cnstructin Cst r Fixed Cnstructin Budget ). This budgeted amunt will be the CITY s targeted amunt fr the Guaranteed Maximum Price under a Cnstructin Manager-at-Risk cnstructin cntract; and WHEREAS, CITY desires t cntract with ARCHITECT fr cmplete architectural and engineering services in cnnectin with design and cnstructin f the Prject, and fr the administratin f the Cnstructin Cntract during cnstructin f the Prject, all as stipulated in this Cntract and within the budgeted limits set by CITY; and WHEREAS, ARCHITECT has agreed t prvide such prfessinal services fr the cmpensatin prvided in this Cntract. NOW, THEREFORE, CITY and ARCHITECT, in cnsideratin f the mutual prmises, terms, cvenants and cnditins cntained in this Cntract, agree as fllws: ARTICLE 1 SCOPE OF SERVICES; COMPENSATION; CONTRACT ADMINISTRATION 1.1. ARCHITECT, as an independent ARCHITECT and prfessinal cnsultant in its relatinship with CITY, agrees t perfrm all prfessinal services fr the Prject as set frth in this Cntract and in ARCHITECT's Prpsal Letter t CITY, dated, 20, attached t and made a part f this Cntract; prvided, hwever, that in the event f any cnflict between the terms f the Prpsal Letter and this Cntract, the terms f this Cntract shall cntrl CITY shall cmpensate ARCHITECT in accrdance with the terms and cnditins f this Cntract as fllws: 23

24 Fr ARCHITECT's Basic Services, including the services f any prfessinal cnsultants engaged fr cmplete architectural services and cmplete structural, mechanical, electrical and civil engineering services, a maximum Basic Fee nt t exceed $ Fr apprved Reimbursable Expenses, as defined in Article 5 heref, an allwance nt t exceed $. Eligible Reimbursable Expenses, ther than Special Cnsultants, shall be billed t the CITY at cst. Eligible Reimbursable Expenses fr Special Cnsultants shall be billed t the CITY at 1.10 times the amunt billed ARCHITECT fr same Fr ARCHITECT's Additinal Services, if any be authrized in advance by CITY as hereinafter prvided, a supplemental fee t be cmputed as fllws: A. Principals' time at a fixed rate f $ per hur. Fr purpses f this Cntract, the Principals are: B. Emplyees' time shall be paid at the fllwing agreed rates: Prject Manager $ per hur Prject ARCHITECT $ per hur CADD Technician $ per hur Administrative Asst. $ per hur C. Additinal Services f Basic Cnsultants (including structural, mechanical, electrical, and civil engineering) shall be cmputed at 1.10 times the amunts billed t ARCHITECT. Additinal Services f Special Cnsultants shall be cmputed at 1.10 times the amunt billed ARCHITECT fr such services. D. Unless subsequently changed by Supplemental Agreement t this Cntract, ARCHITECT's ttal cmpensatin under this Cntract fr Basic Services shall nt exceed $, plus a nt-t-exceed amunt f $ fr apprved Reimbursable Expenses. These amunts, ttaling $, represent the abslute limit f CITY's liability t ARCHITECT under this Cntract, unless the limit is changed by Supplemental Agreement t this Cntract. belw The times and further cnditins f payment shall be as described in Article This Cntract shall be administered n behalf f CITY by its Fire Chief, r his designee (hereinafter called the Directr ), and by ARCHITECT thrugh its duly designated and authrized representatives. ARCHITECT shall fully cmply with any and all instructins frm the Directr. Any dispute between ARCHITECT and CITY r need fr interpretatin regarding what perfrmance is required f ARCHITECT under this Cntract shall be submitted t the Directr, and the Directr s decisin in the matter shall be final and binding. ARTICLE 2 ARCHITECT'S SERVICES 2.1. Basic Services. ARCHITECT's Basic Services cnsist generally f the five phases described belw, and include cmplete architectural services and cmplete structural, mechanical, electrical and civil engineering services, and such ther services as may be 24

25 necessary t assist the CITY in the design and cnstructin f the Prject, within the budgeted limits set by CITY. All services set ut in ARCHITECT's Prpsal Letter are t be perfrmed whether specifically set ut in this Cntract r nt. ARCHITECT agrees that upn executin f this Cntract, it will submit t CITY within ten (10) days a list f all additinal cnsultants it intends t utilize, nt previusly identified in ARCHITECT's Prpsal Letter, delineating their respective tasks. All f ARCHITECT's subcnsultants shall be subject t the apprval f CITY thrugh its Directr, and CITY reserves the right t reject any subcnsultant. ARCHITECT shall perfrm all wrk under this Cntract in a manner satisfactry and acceptable t CITY, represented by its Directr. ARCHITECT's Final Plans and Specificatins shall include plans and prfiles necessary t tie all Prject water, sewer and strm drainage lines int adjacent existing lines and facilities, as authrized and apprved by Directr. A Perfrmance Schedule shall be agreed t by ARCHITECT and Directr, and ARCHITECT agrees t use its best effrts t cmplete all services under this Cntract in accrdance with the Perfrmance Schedule, which Schedule shall be autmatically incrprated int this Cntract by reference upn agreement f ARCHITECT and the Directr withut need f a Supplemental Agreement. The Cnstructin Manager-at-Risk (CMaR) delivery methd planned fr the Prject anticipates clse interactin, crdinatin and cperatin amng the CITY, the ARCHITECT, and the CMaR thrughut the life f the Prject. The ARCHITECT shall participate in the develpment and review f the CMaR s Guaranteed Maximum Price Prpsal. All services shall be perfrmed t the highest prfessinal standard Schematic Design Phase. A. ARCHITECT shall survey and evaluate thse envirnmental cnditins in the immediate vicinity f the Prject site which may influence the design f the Prject. ARCHITECT shall, fr cnsideratin and apprval by the Directr and the CMaR, prepare the Schematic Design Studies and submit t the Directr a sufficient number (as determined by the Directr) f cpies f drawings and ther dcuments which illustrate the scale and relatinship f the Prject cmpnents within the time alltted under the agreed Perfrmance Schedule. B. ARCHITECT shall submit t CITY a Statement f Prbable Cnstructin Cst based n current area, vlume, r ther unit csts in a frm acceptable t the Directr. Prir t submitting the Statement f Prbable Cnstructin Cst t Owner, the ARCHITECT shall review its Prbable Cnstructin Cst estimate in cmparisn with the cnstructin cst estimate prepared by the CMaR, and shall recncile any differences between the tw cnstructin cst estimates in crdinatin with the CMaR,; if the ARCHITECT is unable t recncile all differences between the tw cnstructin cst estimates, then the ARCHITECT shall prvide a detailed explanatin f the differences t the CITY. C. ARCHITECT will make recmmendatins t CITY where a cnflict may exist between the established Prject Budget and prjected market csts. The recmmendatins will prvide fr adjustments t enable cnstructin f the facility within the budget and during the frecast perid that the Prject will be bid. D. ARCHITECT shall submit utline specificatins fr all majr elements f cnstructin including but nt limited t: structural, mechanical and electrical systems, special equipment. E. The ARCHITECT shall prvide the CMaR with cpies f the Prject dcument at the CMaR s expense t assist the CMaR in fulfilling its respnsibilities t the City. 25

26 F. After apprval f the Schematic Design dcuments by the Directr, ARCHITECT will submit a Statement, in triplicate, fr services rendered fr the unpaid balance f the Basic Fee, nt t exceed fifteen (15%) percent f the Basic Fee, as authrized under Article Design Develpment Phase. A. ARCHITECT shall prepare Design Develpment Dcuments based n the apprved Schematic Design Dcuments t include adequate Specificatins fr elements f the Prject fr cnsideratin and apprval by the Directr and review by the CMaR. A sufficient number f cpies (as determined by the Directr) f the Design Develpment Dcuments will be submitted t the Directr fr distributin, each cpy cnsisting f drawings and ther dcuments t fix and describe the size, crss sectins and character f the Prject as t architectural, structural, mechanical and electrical systems, materials, and such ther essentials as may be necessary and apprpriate. The Design Develpment Phase shall be cmpleted within the agreed Perfrmance Schedule. The ARCHITECT shall prvide the CMaR with cpies f the ARCHITECT s dcument at the CMaR s expense t assist the CMaR in fulfilling its respnsibilities t the CITY. B. ARCHITECT shall submit t CITY a Revised Statement f Prbable Cnstructin Cst in a frm acceptable t the Directr. Prir t submissin f its Revised Statement f Prbable Cst t the CITY, ARCHITECT shall review its estimate in cmparisn with the cnstructin cst estimate prepared by the CMaR, and shall recncile any differences between the tw estimates in crdinatin with the CMaR. Any variance in the estimated cnstructin csts that will adversely affect the established Prject Budget will be submitted t the Directr with apprpriate cmments and recmmendatins prir t beginning the Cnstructin Dcuments Phase. C. At the cmpletin f the Design Develpment Phase, r such ther time as City may specify t ARCHITECT, at City s sle ptin and discretin, City will furnish ARCHITECT with a Guaranteed Maximum Price (GMP) prpsal prepared by the CMaR based upn the Design Develpment Dcuments prepared by the ARCHITECT and apprved by the CITY. The ARCHITECT shall assist the CITY and further advcate the CITY s interests in CITY s negtiatins with the CMaR in an effrt t develp a GMP prpsal acceptable t CITY, in CITY s sle ptin and discretin. If the CITY des nt accept the CMaR s GMP prpsal, the ARCHITECT shall participate with the CITY and CMaR in cnstructability reviews and shall revise the dcuments as necessary in rder t reach an agreement. If CMaR s GMP prpsal exceeds the cst quantity survey furnished t CITY by ARCHITECT, and CITY directs ARCHITECT t revise the dcuments, then ARCHITECT shall revise the dcuments at its wn expense s that the GMP prpsal fr cnstructing the Prject shall nt exceed the City s budgeted cnstructin csts limits and any previusly apprved cnstructin cst estimate. If it is determined t be in the CITY s best interest, instead f requiring the ARCHITECT t revise the drawings and specificatins, the CITY reserves the right t accept a GMP prpsal that exceeds the stipulated budgeted cnstructin cst limitatin. ARCHITECT shall analyze the final GMP prpsal dcument, tgether with supprting assumptins, clarificatins, and cntingencies, and shall submit a detailed written analysis f the dcument t the CITY. Such analysis shall include, withut limitatin, reference t and explanatin f any inaccurate assumptins and clarificatins. D. After the GMP has been accepted, the ARCHITECT shall incrprate int the Design Develpment Dcuments any revisins which are necessary due t inaccurate assumptins and clarificatins made in the develpment f the GMP. 26