1-CSP Competitive Sealed Proposal - Cibolo Public Safety.pdf

City of Cibolo P a g e | 1 CSP No. 26-353-38 – Cibolo Public Safety Facility version 04/17/2026

COMPETITIVE SEALED PROPOSAL NO. 26-353-38

Cibolo Public Safety Facility

City of Cibolo 200 South Main Street

Cibolo, Texas 78108

PRE-SUBMITTAL CONFERENCE: October 2, 2026, 10:00 AM CST

DEADLINE FOR QUESTIONS: October 16, 11:00 AM CST

PROPOSAL DUE DATE AND TIME: November 3, 2026, 2:00 PM CST

Disclosure Requirements

Chapter 176 of the Texas Local Government Code requires that any Respondent or person considering doing business with a local government entity disclose the Respondent or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. The Conflict of Interest Questionnaire form is available from the Texas Ethics Commission (TEC) at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf. Any completed Conflict of Interest Questionnaires shall be submitted to the Owner.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

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TABLE OF CONTENTS

INTRODUCTORY INFORMATION

Table of Contents Invitation to Submit Proposals

PROPOSAL DOCUMENTS

• Tables 1-8 & Proposal Form

• Resolution of Contractor & Affidavit for Contractor

• Proposal Bond Form

• Safety Record Questionnaire

• Felony Conviction Notification

• Conflict of Interest Questionnaire (Chapter 176)

• Non-Collusion/Anti-trust Affidavit

• Tax Record and Family Code Requirements

• City of Cibolo Veterans Heros United Business (VetHUB)

• Form 1295 – Certificate of Interested Parties

• Certification Form – Chapter 2252

• Firearm Entities and Trade Associations Discrimination Certification Form

• Israel Verification Form

• Prohibition of Energy Company Boycott Verification Form

• Performance Bond Form

• Payment Bond Form

• Affidavit of Insurance Form

• W-9 Form

• Prevailing Wage Rates – Davis Bacon Act

• EXHIBIT 1 - Standard Form of Agreement, AIA A101-2017, as modified

• EXHIBIT 2 - General Conditions, AIA A201-2017, as modified

Exhibit A to the General Conditions – Insurance Rider

• Plans & Specifications

City of Cibolo P a g e | 3 CSP No. 26-353-38 – Cibolo Public Safety Facility version 4/17/2026

INVITATION TO SUBMIT PROPOSALS

GENERAL NOTICE

City of Cibolo, Texas is requesting Competitive Sealed Proposals from qualified firms interested in providing construction services in accordance with Chapter 2269 of the Texas Government Code in connection with the construction of the following project:

Cibolo Public Safety Facility

PROJECT DESCRIPTION

A. ABOUT CIBOLO, TEXAS

Cibolo is located in the extreme western corner of Guadalupe County in south central Texas. Situated along Farm Market Road 78 and north to south along FM 1103, and paralleled by two major interstate highways, IH 10 to the south and IH 35 to the north. The City of Cibolo is within easy access of Seguin and San Antonio.

Cibolo is part of an area known as the Metrocom, the Northeast corner of Bexar County and the Southwest corner of Guadalupe County. The sister cities of the Metrocom include Universal City, Schertz, Selma, Live Oak, Gardenridge, Converse and Kirby. In this area you will also find Randolph Air Force Base a major pilot training facility for the United States Air Force. Cibolo voted to become an independent township on October 9, 1965. In 2005 the voters adopted a home rule municipal charter with a council-manager type of government.

B. LOCATION AND DESCRIPTION OF PROJECT

The facility will be located at 1805 Bolton Road Cibolo, Texas 78108.

The selected Respondent will be the general contractor for the Project, which is the construction of Cibolo Public Safety Facility. The City anticipates the following items will be included in the scope of the Project:

concrete reinforced slab-on-grade with grade beams and spread footings, steel framing, steel roofing framing, metal decking, rigid insulation, standing seam metal roof, prefinished metal gutters and downspouts, batt insulation, composite hybrid metal walls panels, metal soffit panels, millwork, fluid applied water proofing, traffic coatings, fluid applied air barrier, fire stopping, roof accessories, hollow metal doors and frames, flush wood doors, four-fold door system, sectional OH doors, aluminum storefront framing, glazing, fire rated glazing assemblies, door hardware, mirrors, prefinished metal louvers, gypsum board assemblies, ceramic tile, acoustical ceiling and grid, interior and exterior painting, metal toilet partitions, operable wall partition, wall and door protection, toilet, bath and shower accessories, AEDs & cabinets, fire extinguisher and cabinets, flag poles, metal canopies, residential appliances, MEP systems and equipment, lighting, plumbing fixtures, lightning protection, fire suppression system, fire alarm system, commercial kitchen hood system, emergency generator and ATS, site clearing, grading, utility installation, landscaping, irrigation, reinforced concrete paving and striping, OSSF drip septic system, etc. and all other appurtenances necessary for the complete Project. The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

C. RECEIPT OF PROPOSAL

All proposal are due on or before 2:00 p.m. on Tuesday November 3, 2026. Solicitations are posted and available to download at:

City of Cibolo P a g e | 4 https://cibolotx.bonfirehub.com

Information related to this Solicitation will only be provided electronically or through the City’s Procurement Manager. Information about this Solicitation received through any other means may be inaccurate and result in a Respondent’s submittal being incomplete which could ultimately render the Respondent’s proposal non-compliant. The City accepts no responsibility for information obtained through any other source.

* Proposal submissions will be accepted as following: * Electronic Or Hard Copy Submission

The hard copy submittal shall be enclosed in an opaque sealed envelope, marked with the project title and name, and the address of the Respondent. The proposal shall be accompanied by the Bond Security and other required documents. If the proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation " PROPOSAL ENCLOSED" on the face of it. Proposer shall submit one (1) hard copy of the entire proposal, plus one (1) digital copy (on USB thumb drive).

Sealed Proposal shall be addressed to and delivered to:

Attn: Procurement Manager

Lucy Betancourt 200 South Main St.

Cibolo, TX 78108

Or provided electronically through https://cibolotx.bonfirehub.com

Proposals must be received electronically by Bonfire or hard copy by the Procurement Manager on or before the time and date specified. The mere fact that the proposal was dispatched will not be considered; the Respondent must ensure that the proposal is actually delivered. The time proposals are received shall be determined by the time at City Hall. Proposal received after the specified time of the opening will be returned unopened and will not be considered.

The City shall receive, publicly open, and read aloud the names of each respondent and the monetary value of the proposal at 201 W. Loop 539, Cibolo, Texas 78108 on Tuesday November 3, 2026, at 2:00 pm CST.

City of Cibolo reserves the right, in its sole discretion, to accept or reject any or all Proposals and to waive minor technicalities, errors, informalities and irregularities in the best interest of the City of Cibolo.

D. Pre-Submittal Conference.

A Pre-Submittal Conference will be held at the site. 201 W. Loop 539, Cibolo, Texas 78108 at 10:00 AM CST on October 2, 2026.

https://cibolotx.bonfirehub.com/

City of Cibolo P a g e | 5 CSP No. 26-353-38 – Cibolo Public Safety version 04/17/2026

INSTRUCTIONS TO OFFERORS

FOR REQUEST FOR COMPETITIVE SEALED PROPOSALS

1. Overview of Competitive Sealed Proposal Process.

In accordance with the provisions of the Texas Government Code, Chapter 2269, the City of Cibolo (the “City”) is requesting Competitive Sealed Proposals (CSP) from qualified firms interested in providing construction services in connection with the construction of a new Public Safety Facility that will consist of a +/-15,215 GSF fire station and police substation. Construction activities includes the following: concrete reinforced slab-on-grade with grade beams and spread footings, steel framing, steel roofing framing, metal decking, rigid insulation, standing seam metal roof, prefinished metal gutters and downspouts, batt insulation, composite hybrid metal walls panels, metal soffit panels, millwork, fluid applied water proofing, traffic coatings, fluid applied air barrier, fire stopping, roof accessories, hollow metal doors and frames, flush wood doors, four-fold door system, sectional OH doors, aluminum storefront framing, glazing, fire rated glazing assemblies, door hardware, mirrors, prefinished metal louvers, gypsum board assemblies, ceramic tile, acoustical ceiling and grid, interior and exterior painting, metal toilet partitions, operable wall partition, wall and door protection, toilet, bath and shower accessories, AEDs & cabinets, fire extinguisher and cabinets, flag poles, metal canopies, residential appliances, MEP systems and equipment, lighting, plumbing fixtures, lightning protection, fire suppression system, fire alarm system, commercial kitchen hood system, emergency generator and ATS, site clearing, grading, utility installation, landscaping, irrigation, reinforced concrete paving and striping, OSSF drip septic system, etc. and all other appurtenances necessary for the complete Project located at 1805 Bolton Road Cibolo, Texas 78108 (the “Project”). The objective of the RFP process is to competitively procure goods and services from the firm whose proposal provides the best value for the City. Proposals will be received, publicly opened, and the names of offerors and monetary value in the proposals will be read aloud. Within 45 days of the proposal opening, the City will then rank the proposals according to the selection criteria and weighted value provided in this CSP, and select the offeror who provides the best value to the City based on the rankings.

The City may then negotiate with highest ranked Offeror on contract terms and conditions. If a contract cannot be successfully negotiated with the highest ranked Offeror, in the opinion of the City, negotiations will be terminated, and the City will proceed to negotiate with the next highest ranked Offeror in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

Upon agreement between both parties, a Contractor-executed Agreement may be recommended for approval to the Cibolo’s City Council. Upon approval, the Contract will be executed by City of Cibolo.

2. Project Information.

A. Location.

The facility will be located at 1805 Bolton Road Cibolo, Texas 78108.

B. Project Duration.

The City has established a target commencement date for construction activities as December 2026. The projected completion date is estimated to be March 2028. The City reserves the right to phase the construction of the Project or modify the schedule as needed and determined by the City due to modifications in scope.

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C. Project Budget.

Estimated maximum construction budget is approximately $12,000,000. This includes all incidental and contingent expenses associated with the construction of the Project.

D. Scope of Work.

The City anticipates the scope of work to consist of the following responsibilities:

The selected Respondent will be the general contractor for the Project, which is the construction of Cibolo Public Safety. The City anticipates the following items will be included in the scope of the Project: concrete reinforced slab-on-grade with grade beams and spread footings, steel framing, steel roofing framing, metal decking, rigid insulation, standing seam metal roof, prefinished metal gutters and downspouts, batt insulation, composite hybrid metal walls panels, metal soffit panels, millwork, fluid applied water proofing, traffic coatings, fluid applied air barrier, fire stopping, roof accessories, hollow metal doors and frames, flush wood doors, four-fold door system, sectional OH doors, aluminum storefront framing, glazing, fire rated glazing assemblies, door hardware, mirrors, prefinished metal louvers, gypsum board assemblies, ceramic tile, acoustical ceiling and grid, interior and exterior painting, metal toilet partitions, operable wall partition, wall and door protection, toilet, bath and shower accessories, AEDs & cabinets, fire extinguisher and cabinets, flag poles, metal canopies, residential appliances, MEP systems and equipment, lighting, plumbing fixtures, lightning protection, fire suppression system, fire alarm system, commercial kitchen hood system, emergency generator and ATS, site clearing, grading, utility installation, landscaping, irrigation, reinforced concrete paving and striping, OSSF drip septic system, etc. The Project will be designed and constructed so as to meet all applicable federal, state, and local accessibility standards.

The selected Offeror will be also responsible for: obtaining all applicable permits and inspections;

providing all necessary performance and payment bonds and insurance certificates; and providing the City with all manufacturers’ warranties and all operations and maintenance (O & M) manuals for all equipment installed.

The selected Offeror may be required to perform some or all of the following pre-construction and construction services. Preconstruction Services may include, but not necessarily be limited to, planning and value engineering the Work. Construction Services may include, but not necessarily be limited to, all work associated with construction, occupancy and warranty of the facilities.

The following represents a summary of the proposed improvements and estimated budget:

• Cibolo Public Safety Facility.

• Concrete reinforced slab-on-grade with grade beams and spread footings, steel framing, steel roofing framing, metal decking, rigid insulation, standing seam metal roof, prefinished metal gutters and downspouts, batt insulation, composite hybrid metal walls panels, metal soffit panels, millwork, fluid applied water proofing, traffic coatings, fluid applied air barrier, fire stopping, roof accessories, hollow metal doors and frames, flush wood doors, four-fold door system, sectional OH doors, aluminum storefront framing, glazing, fire rated glazing assemblies, door hardware, mirrors, prefinished metal louvers, gypsum board assemblies, ceramic tile, acoustical ceiling and grid, interior and exterior painting, metal toilet partitions, operable wall partition, wall and door protection, toilet, bath and shower accessories, AEDs & cabinets, fire extinguisher and cabinets, flag poles, metal canopies, residential appliances, MEP systems and equipment, lighting, plumbing fixtures, lightning protection, fire suppression system, fire alarm system, commercial kitchen hood

City of Cibolo P a g e | 7 system, emergency generator and ATS, site clearing, grading, utility installation, landscaping, irrigation, reinforced concrete paving and striping, OSSF drip septic system, etc.

Miscellaneous appurtenances necessary for the complete Project.

3. Proposal Schedule.

EVENT LOCATION DATE TIME

RFP Advertised & Posted on

Website https://cibolotx.bonfirehub.com 9/23/2026 N/A

Pre-Submittal Conference

201 W. Loop 539, Cibolo, Texas 78108

10/2/2026 10:00 AM

Deadline for Questions

Submit questions through https://cibolotx.bonfirehub.com 10/16/2026 11:00 AM

Proposal Due Date &

Opening

201 W Loop 539, Cibolo, Texas 78108

11/3/2026 On or Before

2:00 PM

All times noted within this CSP are Central Standard Time (CST).

Pre-Submittal Conference.

A pre-submittal conference will be held at 201 W. Loop 539, Cibolo, Texas 78108 at 10:00 AM CST on October 2, 2026.

This meeting is not mandatory, but attendance is encouraged. Any questions and answers addressed during the conference meeting will be issued in an addendum and all known parties will be notified.

Offeror are encouraged to prepare and submit their questions in writing in advance of the Pre-Submittal Conference in order to expedite the proceedings. City’s responses to questions received by this time may be distributed at the Pre-Submittal Conference and posted as an addendum with this solicitation.

Any oral response given at the Pre-Submittal Conference that is not confirmed in writing and posted with this solicitation shall not be official or binding on the City. Offerors are encouraged to resubmit questions asked during the meeting in writing to the Point-of-Contact identified in this CSP, after the conclusion of the Conference.

4. Proposal Submittal.

PROPOSAL SUBMITTAL INSTRUCTIONS

Proposals may be submitted electronically through https://cibolotx.bonfirehub.com.

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If submitting by hard copy, please submit one (1) Original, and one (1) USB flash drive no later than Due Date to:

Lucy Betancourt

Cibolo, Texas 78108

Proposal Submittals in hard copy format must be plainly marked on the outside of the sealed envelope.

Note that all required sealed submittals must be received and date-stamped in the City of Cibolo Purchasing Office by the deadline dates and times shown. Submittals will not be accepted via email or fax or delivered to any other City office. Submittals received after the deadlines indicated will not be considered for the award of the Contract and will be returned to the offeror unopened.

Proposals submitted constitute an offer for a period of ninety (90) calendar days or until contract award is made by City of Cibolo. If City has not awarded a contract within ninety (90) days after proposals are received, respondents may withdraw their proposal without prejudice.

PLEASE CUT OUT AND AFFIX THE PROPOSAL LABEL ABOVE TO THE OUTER MOST ENVELOPE OF YOUR RESPONSE

COMPETITIVE SEALED PROPOSAL

PROPOSAL NO.: 26-353-38

DUE DATE & TIME: 11/03/2026, 2:00 PM CST

OPENING DATE & TIME: 11/03/2026, 2:00 PM CST

PROPOSAL DESCRIPTION: Cibolo Public Safety Facility

DATED MATERIAL – DELIVER IMMEDIATELY

5. Competitive Sealed Proposal Documents/Copies.

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A complete set of Proposal Documents may be accessed at the City of Cibolo online https://cibolotx.bonfirehub.com. Interested parties that are not already registered on the City of Cibolo online system website must register as a “New Vendor” in order to download the Proposal Document(s).

Complete sets of Proposal Documents must be used in preparing proposals. The City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents.

The City, in making copies of Proposal Documents available on the above terms, does so only for the purpose of obtaining Proposals for the Work and does not confer a license or grant for any other use.

6. Competitive Sealed Proposal Questions

A. City of Cibolo designates the following person as its representative and Point-of-Contact for this solicitation. Offerors shall restrict all contact with the City of Cibolo and direct all questions regarding this solicitation, including questions regarding terms and conditions in writing no later than 11:00 AM (CST) on October 16, 2026, to the Point-of-Contact person shown below.

Lucy Betancourt

B. Any questions may also be submitted to City of Cibolo through the appropriate webpage for submitting questions for this CSP by the Deadline for Questions and Inquiries shall be the equivalent of contacting the City of Cibolo Purchasing Office directly. City of Cibolo will not be responsible for failed internet service, or any delays in uploading questions by Offeror.

C. Upon issuance of this CSP, beside written inquiries as described above, Offerors are prohibited from communicating with elected officials, department heads, or other employees and representatives of City of Cibolo regarding this solicitation. Elected Officials, department heads, or other employees will not answer questions or otherwise discuss the contents of this CSP with any potential Offeror or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this CSP.

D. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda and posted on the City of Cibolo online website, https://cibolotx.bonfirehub.com.

Addenda may be issued to clarify, correct, or change the Contract Documents. Addenda may also be issued to modify the Proposal Documents. Only questions answered by formal written Addenda issued by the City will be binding. Oral or other interpretations or clarifications will be without legal effect.

E. Each offeror shall prior to submitting their proposal, check the receipt of all Addenda and acknowledge such receipt on the Proposal Form. Proposals submitted without acknowledgement may be considered non-responsive. Addenda shall become part of the Contract Documents.

7. Estimated Budget.

The estimated total construction budget for this project is $12,000,000

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8. Basis for Ranking of Proposals.

8.1 Acceptance of Evaluation Methodology: By submitting a Proposal in response to this CSP, the Offeror accepts the evaluation process and acknowledges and accepts that determination of “best value” Offeror will require subjective judgments by the Owner.

8.2 The following are mandatory requirements of the Offeror:

(1) Documentation of authority to conduct business in Texas

(2) Financial stability as required in Criterion 4

(3) Demonstration of bonding capacity to meet the requirements of this project

(4) Compliance with Family Code and Tax Record Requirements

(5) Certification Regarding Debarment, Suspension, and Other Responsibility Matters

Failure to submit these mandatory requirements will result in disqualification of Offeror’s proposal.

8.3 The Owner will consider the qualifications of the Offerors and their respective Proposal Forms when evaluating Proposals to determine which Offeror, in the sole opinion of the Owner, will provide the best value to the Owner. This CSP conforms to the requirements of Chapter 2269 of the Texas Government Code. The Proposals will be evaluated using the following criteria and weighting:

8.3.1 Criterion 1 - Proposed Contract Amount: Submit as Tab 1 of Response. The Offeror’s proposed cost for performing the Work shall be indicated as the “Contract Amount” (as indicated on the Proposal Form).

8.3.2 Criterion 2 - Experience/Past Performance of Offeror with Similar Projects: Submit as Tab 2 of

Response. Offeror should provide general information about the Organization as required in Tables 1 and 2, Statement of Qualifications (SOQ) Form. Provide any additional information as required by the Construction Experience section of Table 2, including demonstration of successful safety history. Provide a narrative format (not to exceed 1 page in length) as described in Table 4, describing Offeror’s experience as a general contractor and describing the Organization’s operating philosophy and approach to constructing, completing, and commissioning projects. Provide a list of similar projects completed by the Organization in the last five (5) years using Table 4.

8.3.2.1 Offeror must demonstrate experience in the construction of projects of similar construction cost and/or techniques, including governmental projects, and describe how they intend to provide the needed experience and expertise. If Offeror does not have specific experience with projects of this type and magnitude, the Offeror may describe its proposed approach and how its experience with other projects enhances its capability to successfully complete this Project.

8.3.2.2 Offeror may submit photographs, project descriptive narratives, letters of recommendation, project awards, and references to demonstrate experience in constructing a project which meets the Owner’s expectations for a quality Project constructed on time.

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8.3.2.3 Provide information to demonstrate the ability of the Organization to complete projects within budget and on time. Comments may be added to the budget and time tabulations to indicate any reasons for amending the contract amounts or completion dates.

8.3.2.4 Provide narrative information to indicate the number of projects and dollar volume currently under contract by the Organization and the projected completion date of each active project. Describe how the resources dedicated to these existing assignments will impact Offeror’s ability to effectively execute the construction of this Project. Provide an estimate of the amount of the Project that will be done using in-house resources and the amount to be performed by Subcontractors and Suppliers.

This narrative is not to exceed 1 page in length.

8.3.3 Criterion 3 - Experience and Qualifications of Proposed Key Personnel : Submit as Tab 3 of Response. Provide information on the managerial structure and key personnel who will be actively working on this Project in Tables 6 through 8. Key personnel include the Project Manager, Project Superintendent, Safety Manager, Quality Control Manager, and administrative support staff. If more than one of these key roles is to be filled by one individual, provide this with the list of proposed individuals. The Offeror is to provide a list of individuals from which the individual for any given position may be selected if the Offeror is not able to commit to one individual for the Project at the time the Proposal is submitted. Qualifications of these individuals will be considered in evaluating the qualifications of the Offeror. The Proposal must offer to commit the services of the proposed key personnel for the duration of the Project. Failure to offer to commit the proposed key Personnel may result in the disqualification of the Offeror and may void the award of the Contract.

8.3.4 Criterion 4 – Financial/Litigation History: Submit as Tab 4 of Response. The City of Cibolo will consider the Offeror’s corporate history and financial stability including the historical stability, corporate, structure, firm’s ability to acquire and maintain surety bonds and insurance, history of debarment by public entities, and any information of liquidated damages that have previously been withheld by public owner clients in the last five (5) years.

8.3.4.1 Provide the past two (2) years of financial statements, preferably audited, with this

Proposal. Provide financial statements showing the name and address of the firm preparing the financial statements and the date of preparation. Provide proof of bonding capacity. Describe the Offeror’s systems and philosophy for financial management of the Project. Describe Offeror’s systems and philosophy for contracting with Subcontractors and Suppliers and managing payments and retainage. Provide other information if desired to demonstrate solid financial management practices that will enhance completion of the Project. This narrative is not to exceed two (2) pages in length.

8.3.4.2 Provide a list of officers of the firm who, while in the employ of the firm or the employ of previous firms, were associated with contracts which resulted in lawsuits, contracts defaulted or filed for bankruptcy. Include a list of bank references, including contact name and title, address, and phone of contact person.

8.3.4.3 Claims Experience and Litigation History: Submit as Tab 5 of Response. This will be considered with the Financial/Litigation History. List all claims, including but not limited to pre-suit notice or litigation or arbitration involving construction project owners or

City of Cibolo P a g e | 12 sub-contractors filed within the last five (5) years, whether or not still outstanding.

Provide a brief description of the nature of each claim/suit, the outcome, and, if not already resolved, when it is anticipated that the suit will be resolved.

This Criterion is a Pass or Fail. Any Offeror receiving a score of “Fail” will be automatically disqualified.

8.3.5 Other Factors: The Owner will consider other factors in evaluating Proposals, including the following:

Table of Evaluation Criteria and Weighting

Criterion Description Weighted

Points

1 Proposed Contract Amount 40

2 Experience/Past Performance of Offeror on Similar Projects 35

3 Experience and Qualifications of Proposed Key Personnel 25

4 Financial/Litigation History Pass/Fail

Total 100

9. Proposal Form.

9.1. A Proposal Form is included with the Proposal Documents; additional copies may be obtained at https://cibolotx.bonfirehub.com.

9.2. All blanks on the Proposal Form must be completed in ink, by hand, or electronically printed.

9.3. The Proposed Contract Amount should include such amount as the Offeror deems proper for the Cost of the Work.

10. Ranking of Offerors’ Proposals.

10.1. The City will rank and evaluate each of the proposals based on the selection criteria and weighted value described in Article 8, Basis for Ranking of Proposals. In accordance with Section 2269.155 of the Texas Government Code, the City will select the offeror that submits the proposal that offers the best value for the City based on the selection criteria in this CSP and the weighted value for those criteria, and its ranking evaluation.

10.2. Evaluation and ranking of the Proposals will be completed no later than the forty-fifth (45th) day after the date of Proposal opening. Offerors may not withdraw their Proposals within ninety (90) days from the date on which Proposals are opened. Proposal Bond of the highest-ranking firms will be held by the Owner until contract negotiations are finalized.

11. Award of Contract.

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11.1. The City intends to award this contract to the Offering Firm whose Proposal for completion of the Work provides the best value for the Owner after consideration of the relative importance of costs and other evaluation factors described in the Basis for Ranking Proposals set forth in Article 8 of these Instructions to Offerors.

11.2. The City will first attempt to negotiate with the highest ranked offeror. If a satisfactory contract cannot be successfully negotiated with the highest ranked offeror, in the opinion of the City, the City will formally end negotiations with that offeror in writing and will proceed to negotiate with the next highest ranked offeror in the order of the selection ranking until a mutually agreed and satisfactory contract can be negotiated or all proposals are rejected.

11.3. The Owner reserves the right to adopt the most advantageous interpretation of the Proposals submitted in the case of ambiguity or lack of clearness in stating Proposal Prices, to reject any or all Proposals, and/or to waive informalities.

11.4. Owner reserves the right to reject any or all Proposals, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Proposals and to reject the Proposal of any Offeror if Owner determines that an award to that Offeror would not provide the best value for the Owner, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

11.5. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

11.6. Material misstatements in the information submitted for evaluation may be grounds for rejection of Offeror’s Proposal. Any such misstatement, if discovered after award of the contract to such firm, may be grounds for immediate termination of the contract. Additionally, the Offeror will be liable to the Owner for any costs or damages to the Owner resulting from such misstatements, including costs and attorneys’ fees for collecting such costs and damages.

12. Confidentiality of Proposal Information.

All information, documentation, and other materials submitted in response to this RFP are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after the solicitation is completed. If an Offeror does not desire proprietary information in the proposal to be disclosed, each page must be identified and marked “Confidential” at the time of submission. The City will, to the extent provided by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available to the public upon request. Proposers shall not be permitted to mark entire Proposal as proprietary.

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this RFP and the Offeror agrees that any contract resulting from this solicitation can be terminated by the City if the Offeror knowingly or intentionally fails to comply with a requirement of that subchapter.

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This subchapter does not create a cause of action to contest a bid for or the award of a contract with the City.

The City may not accept a bid for a contract described by Subchapter J, Chapter 552 or award the contract to an entity that the City has determined has knowingly or intentionally failed to comply with Subchapter J in a previous bid or contract described by that section unless the City determines and documents that the entity has taken adequate steps to ensure future compliance with the requirements of Subchapter J.

Nothing in this subchapter prevents the City from including and enforcing more stringent requirements in a resulting contract to increase accountability or transparency.

13. Examination of Contract Documents and Site.

13.1. It is the responsibility of each Offeror before submitting a Proposal:

13.1.1. To examine thoroughly the Contract Documents and other related data identified in the Proposal Documents (including "technical data" referred to below).

13.1.2. To visit the site to become familiar with and satisfy Offeror as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

13.1.3. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work.

13.1.4. To study and carefully correlate Offeror's knowledge and observations with the Contract Documents and such other related data; and

13.1.5. To promptly notify the City of Cibolo Purchasing Office of all conflicts, errors, ambiguities, or discrepancies which Offeror has discovered in or between the RFP, Contract Documents and such other related documents.

13.2. Provisions concerning responsibilities for the adequacy of data furnished to prospective Offerors with respect to subsurface conditions and other physical conditions, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in the Standard Form of Agreement and the General Conditions.

13.3. Before submitting a Proposal, each Offeror will be responsible for obtaining such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work, or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Offeror and safety precautions and programs incident thereto or which Offeror deems necessary to determine its Proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

13.4. On request, the City of Cibolo Purchasing Office may provide each Offeror access to the site to conduct such examinations, investigations, explorations, tests, and studies, as each Offeror deems necessary for submission of a Proposal.

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13.5. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

13.6. The submission of a Proposal will constitute an incontrovertible representation by Offeror that

Offeror has complied with every requirement of this Article 13, that without exception the Proposal is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Offeror has given Owner written notice of all conflicts, errors, ambiguities and discrepancies that Offeror has discovered in the Contract Documents and the written resolutions are acceptable to Offeror, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

14. Proposal Bond.

14.1. Each Proposal must be accompanied by Proposal Bond made payable to the Owner in the amount not less than five percent (5%) of the total Proposal amount, including any cash allowances and alternates.

14.2. Offeror’s Proposal Bond must be on the form provided within the Contract Documents and must bear the impressed seal of the Surety and be signed by the Offeror and an authorized individual of the Surety. Bonds will only be accepted from Sureties authorized to issue bonds in accordance with state law.

14.3. The Proposal Bond of the selected offeror will be retained until such offeror has executed the

Standard Form of Agreement, furnished the required contract securities, and met the other conditions contained in the RFP. If the offeror fails to execute and deliver the Standard Form of Agreement upon award of the contract and furnish the required payment and performance bonds within ten (10) calendar days after the contract execution, the City may annul its award and the Proposal Bond of that offeror will be forfeited.

14.4. The Proposal Bonds of other offerors whom the City reasonably believes have a chance of receiving the award may be retained by the City until the earlier of the seventh day after the Effective Date of the Standard Form of Agreement or the ninety-first day after the Proposal opening.

15. Substitutes and "Or-Equal" Items.

The Contract, if awarded, will be on the basis of goods and services described in the Drawings or specified in the Specifications with consideration for possible substitute or "or equivalent" items as set forth in the Contract Documents.

16. Preparation of Proposals.

16.1. Firms should submit proposals electronically to https://cibolotx.bonfirehub.com , if submitting by hard copy, please submit one (1) Original (clearly marked), and one (1) USB flash drive.

https://www.bidnetdirect.com/texas/comalcounty

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16.2. An Original Proposal is the Proposal containing the Original Signature of a person authorized to sign on behalf of the Offering Firm.

16.3. If submitting by hard copy format, proposals shall be enclosed in an opaque sealed Envelope (or

Package), marked with PROPOSAL No. 26-353-38, Cibolo Public Safety Facility

16.4. Each Original Proposal submitted by an Offeror shall contain the following:

1. Completed Proposal Form, including all tables;

2. All completed required forms;

3. Proposal Bond;

4. Proof of authority to do business in Texas;

5. W-9 Request for Taxpayer Information;

6. One (1) USB flash drive with a Completed Proposal with Original signatures;

7. Safety Record Questionnaire showing demonstration of successful Safety History; and any other Documentation required by the terms of this Competitive Sealed Proposal;

8. Conflict of Interest Questionnaire shall be submitted with proposal. If Offering Firm affirms that there are no Conflicts of Interest, Offeror shall indicate so by writing name of firm and “No Conflicts” on CIQ form and signing form;

9. Form 1295;

10. Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with the Proposal Form. State Contractor license number, if any, must also be shown;

11. Signed verification forms for Chapters 2252, 2271, 2274, and 2276 of the Texas Government Code.

16.5. Proposals submitted by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

16.6. Proposals submitted by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature.

16.7. All names must be typed or printed in ink below the signature.

16.8. The Proposal shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Proposal Form).

16.9. The address and telephone number for communications regarding the Proposal must be shown.

17. Modification and Withdrawal of Proposals.

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17.1. Proposals may be modified or withdrawn by a document duly executed (in the same manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted prior to the date and time for the opening of Proposals.

17.2. If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material or substantial mistake in the preparation of its Proposal, that Offeror may withdraw its Proposal. The Proposal Bond may be retained by the Owner if Offeror cannot clearly demonstrate to the Owner evidence of a material or substantial mistake in its Proposal. Thereafter, that Offeror may be disqualified from responding to a reissued RFP for the Project.

18. Proposals to Remain Subject to Acceptance.

All Proposals will remain subject to acceptance for ninety (90) days after the date of the opening, but Owner may, in its sole discretion, release any Proposal and return the Proposal Security prior to that date.

19. Prevailing Wage Rates.

Contractors shall comply with Chapter 2258 of the Texas Government Code governing prevailing wage. The Contractors shall provide and pay for labor in accordance with the prevailing wage in the locality and shall not pay less than the prevailing wage. The City has not independently performed a wage determination in accordance with controlling state and federal statutes. Accordingly, the Contractor must utilize the wage determinations and rates for Building Construction for Guadalupe County and Wage Scale for Construction published by the U.S.

Department of Labor pursuant to the Davis-Bacon Act.

20. Liquidated Damages.

Provisions for liquidated damages are set forth in the Standard Form of Agreement.

21. Contract Security and Insurance.

The General Conditions set forth the City’s requirements as to insurance and Performance and Payment Bonds.

When the selected offer delivers the original, hard copy executed Standard Form of Agreement to the City, it must be accompanied by evidence of insurance. Such evidence of insurance shall include, without limitation, all required certificates, and endorsements, evidencing all required coverages, limits of liability, additional insured status, waivers of subrogation and other insurance requirements pursuant to the Contract Documents. The successful respondent must execute 100% of the contract value, performance and payment bonds on the forms provided, within ten (10) days after the contract has been executed.

22. Conflict of Interest and Disclosure of Interested Parties.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with city of Cibolo, including affiliations and business and financial relationships such persons may have with city of Cibolo officers. A sample form is included in this RFP. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the law are available at: https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf .

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BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH CITY OF CIBOLO, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE REQUIREMENTS OF CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE AND THAT

YOU ARE RESPONSIBLE FOR COMPLYING WITH THEM.

Texas Government Code Section 2252.908 requires persons who enter into a contract with a government entity to submit a disclosure of interested parties (Form 1295) to the government entity or state agency at the time business entity submits the signed contract to the government entity or state agency. A sample form is included in this RFP. Use the following link to access filing instructions:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm . Please provide a copy of the completed form with the proposal submission.

23. Taxes.

23.1. The City enjoys tax-exempt status as a public entity. To enjoy the cost-savings benefits of its tax-exempt status, the City will provide a Tax Exemption Certificate to the Contractor for use on the Project. Contractor shall use that certificate to exempt any purchases made for the Work from taxes. All savings for the tax-exempt status will be passed on to the City by the Contractor.

Contractor agrees to bind all Subcontractors of any tier to the obligation to present and use the Tax Exemption Certificate and pass all savings to the Owner.

23.2. The City’s exemption does not apply to construction tools, machinery, equipment, or other property purchased by or leased by Contractor, or to goods not incorporated into the Work.

24. Signing of Standard Form of Agreement.

The City of Cibolo Purchasing Office will transmit to the Successful Offeror the required number of counterparts of the Standard Form of Agreement (Exhibit A). Contractor shall deliver original, hard copies of the required number of counterparts of the Standard Form of Agreement and written Contract Documents signed by Contractor, unsigned Bond forms, and evidence of insurance, to the City of Cibolo Purchasing Office ten (10) days prior to the City of Cibolo Council date for which a contract award is anticipated. Following and subject to award, the Owner shall deliver one (1) fully signed counterpart of the Standard Form of Agreement to Contractor. Within ten (10) Calendar days of Contractor’s receipt of the fully executed Standard Form of Agreement, the Contractor shall deliver the original, hard copy fully executed Bonds to the City of Cibolo Purchasing Office.

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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TABLE 1 – GENERAL INFORMATION

Organization Doing Business As:

Business Address of Principle Office:

Main Telephone Number:

Fax Number:

Web Site Address:

Form of Business (check one): Corporation Partnership Individual Joint Venture

IF A CORPORATION

Date of Incorporation:

State of Incorporation:

Chief Executive Manager’s Name:

President’s Name:

Vice President’s Name(s):

Secretary’s Name:

Treasurer’s Name:

IF A PARTNERSHIP

Date of Organization:

General or Limited Partnership:

IF AN INDIVIDUAL

Name:

Business Address:

IF A JOINT VENTURE

Name of Lead Joint Venture Manager:

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Name of Firm:

Joint Venture Partner Manager(s):

Name of Firm(s):

Individuals Not Listed Above Having Significant Business Control:

Indicators of Organization Size:

Current Number Full Time Employees:

Estimate of Current Year’s Revenue:

Average Number of Projects per Year:

Average Project Construction Cost:

City of Cibolo P a g e | 21

TABLE 2 – ORGANIZATIONAL EXPERIENCE

Business Address of Principle Office:

Main Telephone Number:

Fax Number:

Web Site Address:

Organization Doing Business As:

ORGANIZATIONAL HISTORY

List of names that this organization has operated under over the history of the organization Names of Organization: From Date To Date

List of companies, firms or organizations that own any part of the organization.

Name of Companies, Firms or Organization: Percent Ownership

CONSTRUCTION EXPERIENCE

1.

Years’ experience in projects similar to the proposed project:

As a General Contractor: As a Subcontractor

2.

Has this or a predecessor organization ever defaulted on a project or failed to complete any work awarded to it? If yes provide full details in a separate attachment. (Attachment #)

3.

Has this or a predecessor organization ever been disqualification as an Offeror by any local, state, or federal agency within the last five (5) years? If yes provide full details in a separate attachment. (Attachment #)

4.

Is this organization currently in any litigation or contemplating litigation? If yes provide full details in a separate attachment. (Attachment #)

5.

Has this or a predecessor organization ever had a claim on…