20260731 FY26 STREET PRESERVATION - Construction Services Contract Package Bid 2026-146-36 Final.pdf

City of Cibolo

200 South Main Street • Cibolo, TX 78108 • (210) 658-9900 www.cibolotx.gov

200 South Main Street Cibolo, Texas 78108

BIDDING AND CONTRACT DOCUMENTS

FOR

FY26 STREET PRESERVATION

INVITATION TO BID NO.

2026-146-36

Issue Date: August 7, 2026 Bid Due Date and Time (CST):

September 8, 2026 @ 2:00 p.m.

7/31/2026

City of Cibolo, Texas P a g e | 2 ITB No. 2026-146-36 - FY26 STREET PRESERVATION Version: 04.03.2025

TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

NOTICE TO RESPONDENTS

STANDARD TERMS AND CONDITIONS

SPECIAL TERMS AND CONDITIONS

GENERAL CONDITIONS OF CONTRACT

PROJECT SPECIFIC CONDITIONS OF THE CONTRACT

EVALUATION AND AWARD OF CONTRACT

SUBMISSION REQUIREMENTS

BID FORM ....................................................................................................................... ATTACHMENT A

ORGANIZATION AND BUSINESS INFORMATION .............................................................. ATTACHMENT B

EXPERIENCE/PAST PERFORMANCE OF RESPONDENT WITH SIMILAR PROJECTS .............. ATTACHMENT C

EXPERIENCE AND QUALIFICATIONS OF PROPOSED KEY PERSONNEL WITH SIMILAR PROJECTS ... ATTACHMENT D

SAFETY PROGRAM ........................................................................................................... ATTACHMENT E

LITIGATION, CLAIMS, AND COMPLIANCE ......................................................................... ATTACHMENT F

BID SECURITY .................................................................................................................. ATTACHMENT G

CERTIFICATION AND ACKNOWLEDGMENT ...................................................................... ATTACHMENT H

CONSTRUCTION SERVICES AGREEMENT ............................................................................. EXHIBIT A

CONSTRUCTION DOCUMENTS ........................................................................................... EXHIBIT B

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INTRODUCTION

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

This project consists of scrub seal and microsurface improvements in the Thistle Creek and Falcon Ridge neighborhoods, in Cibolo, Tx.

DEFINITIONS

The following definitions shall be used to identify terms throughout this Solicitation:

A. ADDENDUM OR ADDENDA

Written instruments issued by the Owner which clarify, correct or change the bidding requirements or the Contract Documents prior to the Bid due date.

B. AGREEMENT/CONTRACT

The Standard Form of Agreement between Owner and Contractor, the form of which is attached as Exhibit A, signed or to be signed by the Parties and binding the Parties with respect to the performance of the work by Contractor and payment for same by Owner, containing the name of Contractor, title and location of the Project, original Contract Time Requirements, Original Contract Amount, an enumeration of documents included in the Contract, and other provisions. The Standard Form of Agreement between the Owner and Contractor is subject to change in order to comply with legal or regulatory requirements.

C. BID

A complete, properly signed response to this Solicitation that, if accepted, would bind the Respondent to perform the resultant Contract.

D. CITY COUNCIL

The elected officials of the City of Cibolo, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws.

E. CONTRACTOR

The individual, firm, corporation, or other business entity identified as such in the Agreement, including its successors and its authorized representatives, with whom Owner has entered

City of Cibolo, Texas P a g e | 4 into the Contract for performance of the Work. The Contractor may also be referred to as the “Respondent” in the Contract Documents, which will be understood to mean the “Contractor” as identified in the Agreement.

F. CONTRACT DOCUMENTS

Contract Documents are defined in the Agreement and may include the following:

introductory information; Bid requirements, Contract forms, Agreement, General Conditions, if applicable, Supplemental Conditions; General Requirements; Specifications; Drawings;

Project Safety Manual; and Addenda.

G. PURCHASE ORDER

A purchase order records the financial obligation of the Owner to pay for services properly received; therefore, a purchase order is also required for all Contracts with an expenditure of funds entered into by the City Manager or City Council.

H. RESPONDENT

The individual or firm responding to this Solicitation that considers themselves qualified to provide the services specified herein, and which is interested in making an offer to provide the services to the Owner.

I. SOLICITATION

This Invitation to Bid document issued by the Owner containing terms, conditions and specifications for the construction services to be procured.

J. SUBCONTRACTOR (or Trade Subcontractor) An individual, firm, corporation, or other business entity having a direct Contract with the Contractor for the performance of a portion of the Work under the Contract. A Subcontractor includes a supplier of tools, equipment or materials as well as an individual or entity renting tools or equipment to the Contractor. For purposes of this Contract, unless designated otherwise, the term “Subcontractor” shall include all Sub-Subcontractors and Suppliers in Contractual privity to the Subcontractor.

K. SUPPLIER

An individual or entity having a direct Contract with Contractor or with any Subcontractor to furnish materials or equipment or products, or services to be incorporated in the Work by Contractor or any Subcontractor.

NOTICE TO RESPONDENTS

A. NOTICE

All Bids are due on or before 2:00 p.m. on SEPTEMBER 8TH, 2026. Solicitations are posted and available to download from:

https://cibolotx.bonfirehub.com

Information related to this Solicitation will only be provided through the City’s Procurement Manager. Information about this Solicitation received through any other means may be https://cibolotx.bonfirehub.com/

City of Cibolo, Texas P a g e | 5 inaccurate and result in a Respondent’s submittal being incomplete which could ultimately render the Respondent’s Bid non-compliant. Owner accepts no responsibility for information obtained through any other source.

B. RECEIPT OF BIDS

*Bid submissions will be accepted as following: * Electronic Submission 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 Bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Proposer shall submit one (1) copy of the entire proposal, plus one (1) digital copy (on CD, DVD or thumb drive).

Hard copy sealed Bids shall be addressed to and hand-delivered or shipped to:

Attn: Procurement Manager

Lucy Betancourt 200 South Main St.

Cibolo, TX 78108 Bids must be received electronically by Bonfire, or hard copy by the Procurement Manager, or Bonfire on or before the time and date specified. The mere fact that the Bid was dispatched will not be considered; the Respondent must ensure that the Bid is actually delivered. The time hard copy Bids are received shall be determined by the time at City Hall. Bids received after the specified time of the opening will be returned unopened.

Public Acknowledgement. Owner shall receive, publicly open, and read aloud the names of the Respondents submitting and any monetary bids included in all properly submitted sealed bids at 201 W. Loop 539, Cibolo, Texas 78108 on September 8, 2026 at 2:00 pm central time.

A preliminary tabulation of Respondents and their monetary bids will be made available after the bid opening and as soon as it has been assembled and verified.

C. QUESTIONS AND INQUIRIES

Effective immediately upon release of this solicitation and until contract award, all official communications from proposers regarding the requirement of this RFP shall be directed to the CITY’s single point of contact designated below. All questions and inquiries about this solicitation shall be submitted in writing to lbetancourt@cibolotx.gov or:

mailto:lbetancourt@cibolotx.gov

City of Cibolo, Texas P a g e | 6

Attn: Lucy Betancourt

Procurement Manager

200 South Main St.

Cibolo, TX 78108

Questions received after the stated deadline, other than those presented in any pre-proposal conference (if applicable), will not be answered. All questions and answers are considered part of this RFP. Interpretations or clarifications considered necessary by CITY in response to such questions will be issued by Addenda and posted on the CITY’s website, https://cibolotx.bonfirehub.com

It is the RESPONDENT’S responsibility to check the City of Cibolo website for all Addenda or

Amendments.

Proposers shall not attempt to contact City Council members, CITY staff or Management directly during the pre-proposal or post-proposal period unless and until an award has been made, and any resulting contract or agreement has been executed. The CITY intends to respond to all appropriate questions or concerns; however, the CITY reserves the right to decline to respond to any question or concern. All material modifications, clarifications or interpretations will be incorporated into an addendum which will be publicly posted. All addenda issued prior to the due date and time for responses are incorporated into the RFP and must be acknowledged in the Proposal response. Only written information provided shall be binding. Oral or other interpretations shall not be binding and are held without legal effect.

D. SCHEDULE OF IMPORTANT DATES

The schedule for this Solicitation is as follows:

Legal Advertisements: 08/09/2026

08/16/2026

Pre-Bid Conference: 10:00 AM CST 08/13/2026

Deadline for Questions and Inquiries: 11:00 AM CST 08/18/2026

Bid Submission Deadline: 2:00 PM CST 09/08/2026

Earliest Award by Owner: 09/2026

Anticipated Construction Start: 10/2026 https://cibolotx.bonfirehub.com/

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E. PRE-BID CONFERENCE

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.

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

CST on AUGUST 13, 2026. There will also be a virtual option (Microsoft Teams) using the login information listed below:

Join: https://teams.microsoft.com/meet/262917991522693?p=Ou9Y1jNjVDgShy1TRL

Meeting ID: 262 917 991 522 693

Passcode: V7Wt2Vu6

Bidders 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. Bidders are encouraged to resubmit questions asked during the meeting in writing to the Staff Contact Person identified on the title page, after the conclusion of the Conference.

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 interested parties will be notified.

F. BID SECURITY

The Owner requires a person who submits a Bid to submit a certified or cashier's check on a responsible bank in the state equal to five percent (5%) of the total amount of the Bid, or a bid bond equal to five percent (5%) of the total amount of the Bid issued by a surety legally authorized to do business in this state, conditioned that the Respondent will pay the Owner, as mutually agreed to liquidated damages, and not as a penalty, the amount specified in the Bond, unless he enters into a contract with the Owner in accordance with his bid (“Bid Security”). Respondent is required to execute a contract and furnish a Performance Bond, Payment Bond and a Certificate of Insurance. If the RESPONDENT fails to execute the contract and to furnish satisfactory Performance and Payment Bonds and Insurance Certificates within ten (10) calendar days from the date on which he is notified that his bid has been accepted, the amount of his check or bid bond shall be forfeited to the BPUB as mutually agreed to liquidated damages, and not as a penalty. No bid will be considered if the Bid Security is not submitted.

https://teams.microsoft.com/meet/262917991522693?p=Ou9Y1jNjVDgShy1TRL

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Bonds will only be accepted from Sureties authorized to issue bonds in accordance with state law. The Respondent shall include the original hard copy of the bid bond, cashier’s check or certified check with the Bid.

Bid Security shall be in effect from the opening of the Bid and will be retained until (5) calendar days after a Respondent has executed the Agreement and furnished the required Contract security or until more than ninety (90) calendar days from the date of opening of the Bid have lapsed. All Bids shall constitute an offer to the Owner as outlined herein and shall be irrevocable and cannot be withdrawn for ninety (90) calendar days following the date of the opening of the Bids.

The Bid Security of other Respondents whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until five (5) calendar days after the Agreement is executed whereupon Bid Security furnished by such Respondents will be returned. Bid Security included with Bids which are not competitive will be returned within seven (7) calendar days after the Bid opening.

STANDARD TERMS AND CONDITIONS

A. ABSENCE OF PURCHASE ORDER OR AGREEMENT

The Owner is not responsible for delivery of any services, commodities or equipment without a fully executed Agreement and proper Purchase Order.

B. ACCEPTANCE

Upon acceptance and approval by the City Council, or their designee, this Bid, the Contract, and all required forms shall constitute the Agreement between the Owner and the Contractor. A Purchase Order is required prior to the delivery of any services provided to the Owner.

C. ADDENDA OR ADDENDUM

If it becomes necessary to revise any part of this Solicitation, prior to the due date and time, a written Addendum will be provided to all Respondents. The Owner is not bound by any oral representations, clarifications, or changes made in the written specification by the Owner’s employees, unless such representation, clarification or change is provided to Respondents in written Addendum form from the City.

Addenda will be transmitted by electronic means to all that are known by the City to have downloaded a copy of the Bid documents and specifications from the City’s website.

However, it shall be the sole responsibility of the Respondent to verify issuance of any addenda and to check all avenues of document availability prior to the opening date and time and failure of any Respondent to receive any such Addenda or interpretation shall not relieve such Respondent from any obligation under his bid as submitted. All Addenda so issued shall become part of the Contract Documents. Respondent shall acknowledge receipt of each addendum with signature and date and return with completed Bid.

City of Cibolo, Texas P a g e | 9

D. ADVERTISING AND PUBLICITY

Contractor shall not advertise or otherwise publicize, without the Owner’s prior written consent, the fact that the Owner has entered into the Agreement, except to the extent required by applicable law.

E. AWARD OF CONTRACT

Owner reserves the right to reject any and all Bids, to waive any and all formalities and immaterial irregularities, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Respondent if Owner believes that it would not be in the best interest of the Owner to make an award to that Respondent, whether because the Bid is not responsive or the Respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

In evaluating Bids, Owner will consider the qualifications of the Respondents, whether or not the Bids comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data as may be requested in the Bid Form or prior to the notice of intent to award.

If Owner requires Respondents to identify Subcontractors, Suppliers, and/or other persons or organizations proposed to perform work on behalf of Respondent, Owner may consider the qualifications and experience of those Subcontractors, suppliers, and/or other persons and organizations proposed. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the notice of intent to award.

Respondents may be disqualified and rejection of Bids may be recommended to the Owner for (but not limited to) any of the following causes: 1) failure to use the Bid forms furnished by the Owner; 2) lack of signature by an authorized representative on all required forms; 3) failure to properly complete the Bid; 4) evidence of collusion among Respondents; 5) failure to provide required Bid security; 6) unauthorized alteration of forms provided; 7) lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) unsatisfactory past performance; 9) failure to complete past projects; or 10) non-compliance with any provisions contained herein. Exceptions or conditional qualifications by the Respondent to the Plans, Technical Specifications, Contract Documents, or other pre-bid documents will not be permitted at the time of submitting the Bid Documents to the Owner, and any exceptions or conditional qualifications taken by Respondent, will automatically deem the bid conditional and non-responsive and subject to Owner rejection.

F. BUSINESS PRACTICES

Minority business enterprises and/or historically underutilized businesses will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the basis of race, color, creed, gender, age, religion, national origin, mental or physical disability, veteran’s status or political affiliation in consideration for an award.

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G. CLARIFICATIONS AND INTERPRETATIONS

All questions about the meaning or intent of the Contract Documents are to be directed to the Procurement Manager. Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda and delivered to all parties recorded by Owner as having received the Contract Documents. Questions received after the deadline for questions and inquires will not be answered. Only questions answered by a formal written Addenda will be binding. No oral or other interpretations or clarifications will be considered official or binding.

H. CERTIFICATION

This Solicitation includes a certification page. Respondent must:

1. Furnish complete name, mailing address, telephone number and email of the individual duly authorized to execute Contractual documents on behalf of the Respondent.

2. Furnish name of individual(s), along with respective telephone numbers and email addresses, who will be responsible for answering all questions.

3. Certify that they have not conspired with any other potential Respondents in any manner to attempt to control competitive pricing.

4. Certify that they are a duly qualified, capable and otherwise bondable business entity not in receivership or contemplating same, and that has not filed bankruptcy.

Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may automatically result in the disqualification of the Respondent's Bid.

I. CODES, PERMITS, LICENSES

Contractor shall comply with all federal, state and local standards, codes and ordinances, as well as those of other authorities that have jurisdiction related to the work to be performed.

None of the terms or provisions of this Solicitation shall be construed as waiving any rules, regulations or requirements of any authorities or entities having jurisdiction related to the work to be performed. Contractor shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill Contractual obligations to the Owner.

J. COLLUSION

Advanced disclosures of any information to any particular Respondent which gives that particular Respondent any advantage over any other interested Respondent in advance of the opening of Bids, whether in response to advertising or an informal solicitation, made or permitted by a member of the governing body or an employee or representative thereof, will cause the Owner to void all responses to that particular Bid solicitation or request.

K. COMMUNICATION

To insure the proper and fair evaluation of this Bid, the Owner prohibits ex parte communication (e.g., unsolicited) initiated by the Respondent to the Owner staff or its City Council, from the date of advertisement of this Solicitation to the time an award has been made by the City Council, the City Manager, or his/her designee. Communication between Respondents and the Owner will be initiated by the appropriate Owner official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the Bid. Ex parte communication may be grounds for disqualifying the offending

City of Cibolo, Texas P a g e | 11

Respondent from consideration or award of the Bid then in evaluation, and/or any future Solicitation.

Unless otherwise specified, all requests for clarification or questions regarding this Solicitation shall be directed to the point of contact provided in this Solicitation.

L. CONTRACT TIME

The times for Substantial Completion and Final Completion are set forth in the Standard Form of Agreement between Owner and Contractor. It will be necessary for the Contractor to satisfy the Owner of Contractor’s ability to achieve Substantial Completion and Final Completion within the times designated in the Contract Documents.

M. DISCLOSURE OF CONFLICT OF INTEREST

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code (House Bill 914) 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.

N. DISCLOSURE OF INTERESTED PARTIES

Contracting hereunder may require compliance with §2252.908 Texas Government Code/Disclosure of Interested Parties for Contracts that (1) require an action or vote by the City Council before the Contract may be signed; or (2) have a value of at least $1 million. The law provides that a governmental entity may not enter into certain Contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed Contract to the governmental entity or state agency.

The process as implemented by the Texas Ethics Commission (“TEC”) is as follows:

1. The disclosure of interested parties must be performed using the Texas Ethics

Commission’s electronic filing application listing each interested party of which the business entity is aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and printing a copy of it to submit to the Owner.

2. The copy of Form 1295 submitted to the Owner must contain the unique certification number from the TEC. The form must be filed with the Owner pursuant to §2252.908 Texas Government Code, “at the time the business entity submits the signed Contract” to the Owner.

3. The Owner, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th day after the date the Owner receives the disclosure of interested parties from the business entity.

O. DISCLOSURE OF LITIGATION

Each Respondent shall include in its Bid a complete disclosure of any material civil or criminal judgements, litigation or pending investigations which involves the Respondent.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

City of Cibolo, Texas P a g e | 12

P. EXCEPTIONS

Any deviations from terms, conditions, specifications, Contract terms, or insurance requirements contained herein must be clearly indicated in the Bid. Any deviations or exceptions are subject to review by the Owner and may cause the Bid to be deemed disqualified or non-responsive. If no exceptions are stated, it will be understood that all standard terms and conditions and specific requirements will be complied with, without exception.

Q. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

1. It is the responsibility of each Respondent before submitting a Bid to:

a. Examine the Contract Documents thoroughly

b. Visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work (Pre-Bid Conference may be the only available time to view the site conditions)

c. Consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work

d. Study and carefully correlate Respondent's observations with the Contract Documents

e. Notify Owner of all conflicts, errors or discrepancies in the Contract Documents, and

f. Coordinate with local utilities and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location.

2. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site are based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof.

3. 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 or storage of materials and equipment or disposal of spoil are to be provided by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work.

4. The submission of a Bid will constitute an incontrovertible representation by the Respondent that the Respondent has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this Contract, that are a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra

City of Cibolo, Texas P a g e | 13 compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents.

R. FORMS

All Bids must be submitted on the form(s) provided by the Owner, and accompanied by all required attachments. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initiated in ink by the person signing the Bid.

S. GIFTS

The Owner may, by written notice to the Respondent, disqualify the Respondent without liability if it is determined by the Owner that any gift or thing of value, whether in the form of money, services, credits, loans, travel, entertainment, hospitality, promise, or any other form, were offered or given by the Respondent or any agent or representative of the Respondent to any officer or employee of the Owner with the intent of influencing such officer or employee as a reward for any decision, opinion, or recommendation, securing the Agreement, or securing favorable treatment with respect to awarding or amending or the making of any determinations with respect to performance of the Agreement.

T. INDEPENDENT CONTRACTOR

Nothing in this Solicitation is intended to be construed as creating an employer/employee relationship, a partnership or joint venture. The Contractor’s services shall be those of an independent Contractor. The Contractor agrees and understands that the Agreement does not grant any rights or privileges established for employees of the Owner. Contractor shall not be within protection or coverage of the Owner’s Workers’ Compensation Insurance, Health Insurance, Liability Insurance or any other insurance that the Owner, from time to time, may have in force.

U. INSURANCE REQUIREMENTS

See Exhibit D of the Construction Services Agreement.

V. INTERPRETATION OF BIDS

Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating Bid prices, to reject any or all Bids, and/or waive formalities. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced, or conditional Bids and to reject the Bid of any Respondent if Owner believes that it would not be in the best interest of the Project or the Owner to make an award to that Respondent, whether because the Bid is not responsive or the Respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner.

W. MISSTATEMENTS

Material misstatements in the Bid submitted for evaluation may be grounds for rejection of Respondent’s Bid on this project. Any such misstatement, if discovered after award of the Contract to such company, may be grounds for immediate termination of the Contract.

Additionally, the Respondent will be liable to Owner for any additional costs or damages to

City of Cibolo, Texas P a g e | 14

Owner resulting from such misstatements, including costs and attorney’s fees for collecting such costs and damages.

X. NOTICES

Unless otherwise specified, all notices, requests or other communications required or appropriate to be given under the Agreement shall be in writing and deemed delivered three

(3) business days after postmarked if sent by US Postal Service Certified, Registered Mail, Return Receipt Requested, or other commercially accepted means. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Notices to the Contractor shall be sent to the address specified in the Contractor’s Bid or at such other address as a party may notify the other in writing. Notices to the Owner shall be addressed to: City of Cibolo, 200 South Main St, Cibolo, Texas 78108 and marked to the attention of the City Manager.

Y. OWNER AGREEMENT

The Respondent proposes and agrees, if their Bid is accepted, to enter into an Agreement with Owner in the Contract form provided. The Respondent acknowledges that the Owner retains the right to revise the Contract form in order to comply with legal or regulatory requirements. The Respondent should review all applicable Agreements, terms and conditions thoroughly. Contractors who are not willing to sign the applicable Agreement without modification need not submit.

The successful Respondent shall execute the Agreement and provide proof of all required insurance based on staff recommendation prior to City Council action. Within ten (10) business days of notice of intent to award of City Council approval, all required bonds shall be delivered to Owner. A fully executed Agreement will be presented to the Contractor with a City Purchase Order.

Z. PAYMENT TERMS

1. Tax Exempt Status:

The Owner is exempt from all federal excise, state and local taxes unless otherwise stated in this document. The Owner claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates are furnished upon request. Contractor will not charge for such taxes. If billed, the Owner will not remit payment until a corrected invoice is received.

2. Invoicing Requirements:

No more often than once a month, Contractor shall submit to the Owner or, if directed by Owner, to Owner's Representative, for review, an Application for Payment, in a form acceptable to Owner, filled out and signed by Contractor covering the Work completed as of the last day of the month for which an Application for Payment is being made.

Application for Payment shall be accompanied by such supporting documentation as is required by the Contract Documents.

3. Payment Terms:

All payments will be processed in accordance with Texas Prompt Payment Act, Texas Government Code, Subtitle F, Chapter 2251 less retainage. The Owner will pay Contractor within thirty (30) calendar days after performance of services was completed, or the day of receipt of a correct invoice for the services, whichever is later.

City of Cibolo, Texas P a g e | 15

4. Right To Audit:

The Contractor agrees that the representatives of the Owner shall have access to, and the rights to audit, examine, or reproduce, any and all records of the Contractor, Subcontractors and Manufacturers and Suppliers records, during the performance of this Contract and for three (3) years after final payment or any termination, until all audit and litigation matters that Owner has brought to the attention of Contractor are resolved, or as otherwise required by law, whichever is longer, and at no cost to the Owner.

5. Firm Pricing:

The price shall remain firm for the duration of the Agreement and resulting Purchase Order, or any extension periods. No separate line item charges shall be permitted for invoice purposes, which shall include equipment rental, demurrage, fuel surcharges, delivery charges, and costs associated with obtaining permits or any other extraneous charges. Contractor further certifies that the prices in the Bid have been arrived at independently and without consultation, communication, or agreement for the purpose of restricting competition.

6. Price Warranty:

The Contractor warrants the prices quoted are not materially higher than the Contractor’s current prices on orders by others for like deliverables under similar terms of purchase.

In addition to any other remedy available, the Owner may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items materially in excess of the Contractor’s current prices on orders by others for like deliverables under similar terms of purchase.

AA. PROHIBITED RESPONDENTS

The Owner prohibits conducting business with Respondents under the following conditions:

1. City will not conduct business with Respondents who have failed to comply with their contracts and have been debarred from doing business with the State of Texas or the federal government.

2. Successful Respondent must affirm, in any resulting contract, that (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of any resulting Contract. This section may not apply if the Company is a sole proprietor, a non-profit entity or a governmental entity; and only applies if: (i) the Company has ten (10) or more fulltime employees and

(ii) the Contract has a value of $100,000.00 or more to be paid under the terms of the Contract.

3. Successful Respondent must affirm, in any resulting contract, that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization.

4. Successful Respondent must affirm, in any resulting contract, that it does not boycott energy companies, and will not boycott energy companies during the term of the Agreement.

5. Successful Respondent must affirm, in any resulting contract, that it (i) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Agreement.

6. Successful Respondent must affirm, in any resulting contract, that it is not (i) owned or controlled by (a) individuals who are citizens of China, Iran, North Korea, Russia, or a

City of Cibolo, Texas P a g e | 16 designated country; or (b) a company or other entity, including a governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (ii) headquartered in China, Iran, North Korea, Russia or a designated country.

BB. PROTEST PROCEDURES

1. Respondents are advised that protests of specifications, terms, conditions or any other aspect of this Solicitation must be made prior to the Solicitation due date. Protest of specifications and Solicitation terms and conditions made after the due date and time will not be considered by Owner.

2. Protest of award must be made immediately, and in no event later than five (5) calendar days after the posting of the Council agenda recommending action to award the contract.

All protests must include the following information:

a. The name, address, and telephone number of the protestor.

b. The signature of the protestor or protestor’s representative.

c. The Solicitation or Contract number.

d. A detailed statement of the legal and/or factual grounds for the protest.

e. The form of relief/result requested.

3. Protests shall be mailed to the Procurement Manager, 200 South Main Street, Cibolo, Texas 78108. Award will be made in the best interest of the Owner.

CC. PUBLIC INFORMATION

All Bids are subject to release as public information unless the Bid or specific parts of the Bid can be shown to be exempt from the Texas Public Information Act. Respondents are advised to consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. The Owner assumes no obligation or responsibility for asserting legal arguments on behalf of potential Respondents. . Respondent acknowledges that pursuant to the Texas Public Information Act, Respondent may also be responsible for taking steps to secure the confidentiality of certain documents if requested. Ultimately, the final decision as to what information must be disclosed under the Open Records Act lies with the Texas Attorney General.

If a Respondent believes that a Bid or parts of a Bid are confidential, then the Respondent shall so specify. The Respondent shall stamp in bold red letters the term "CONFIDENTIAL" on that part of the Bid which the Respondent believes to be confidential. Vague and general claims as to confidentiality shall not be accepted. All Bids and parts of Bids that are not marked as confidential will be automatically considered public information.

DD. RECEIPT OF BIDS

Bids must be received by the Owner prior to the time and date specified. The time Bids are received shall be determined by the time clock located in the Procurement Manager’s Office.

Please note that the City is not responsible for high traffic/demand at or near the time the response packages are due and that firms submitting their response package during peak traffic times risk their submittal not being received by the due date and time.

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EE. REIMBURSEMENTS

There is no expressed or implied obligation for the Owner to reimburse Respondents for any expenses incurred in preparing Bids in response to this Solicitation and the Owner will not reimburse Respondents for these expenses, nor will the Owner pay any subsequent costs associated with the provision of additional information or presentation, or to procure a Contract for these services.

FF. REPRESENTATIONS AND RESPONSIBILITIES

By submitting a Bid in response to this Solicitation, Respondent represents that it has carefully read and understands all elements of this Solicitation; has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that in any manner may affect the cost, progress, or performance of the work; and has full knowledge of the scope, nature, quality and quantity of services to be performed.

By submitting a Bid in response to this Solicitation, the Respondent represents that it has not relied exclusively upon any technical details in place or under consideration for implementation by the Owner, but has supplemented this information through due diligent research and that the Respondent sufficiently understands the issues relative to the indicated requirements.

The failure or omission of Respondent to receive or examine any form, instrument, Addendum, or other documents or to acquaint itself with conditions existing at the site or other details shall in no way relieve any Respondent from any obligations with respect to its Bid or to the Contract.

GG. RESERVATIONS

The Owner reserves the right to request clarification or additional information specific to any Bid after all Bids have been received and the Solicitation due date has passed. Additionally, the Owner reserves the right to accept or reject all or part of any Bid, waive any formalities or technical inconsistencies, delete any requirement or specification from the Solicitation, or terminate the Solicitation when deemed to be in the Owner’s best interest.

HH. BIDS BECOME PROPERTY OF THE OWNER

Submissions received in response to a Solicitation become the sole property of the Owner.

II. RESPONDENT’S OBLIGATION

Contractor shall fully and timely provide all deliverables described in this Solicitation, and Respondent’s Bid must be in strict accordance with the terms, covenants and conditions of the Agreement and all applicable federal, state and local laws, rules and regulations.

JJ. RIGHT OF ACCEPTANCE AND REJECTION

The qualifications of a Respondent shall not deprive Owner of the right to accept a Bid, which in Owner’s judgment is the lowest responsive and responsible bidder. In addition, Owner reserves the right to reject any Bid where circumstances and developments have, in the opinion of Owner, changed the qualifications or responsibility of the Respondent.

KK. RIGHT TO ASSURANCES

In the event the Owner, in good faith, has reason to question the intent of the Contractor to perform as presented in a Bid, the Owner may demand written assurances of the intent to

City of Cibolo, Texas P a g e | 18 perform as presented. In the event no written assurance is given within the time specified, the Owner may reject the Bid.

LL. SAMPLES

Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed shall be returned upon request at the Respondent’s expense.

MM. SUBSTITUTIONS AND OR EQUAL REQUESTS

1. The materials and equipment described in the Contract Documents establish a standard of required function, dimension, appearance and quality for the life cycle of each product.

Substitutions are products of lesser or greater quality which do not meet the performance requirements of the contract documents. An Or Equal is a product that is considered equivalent to the standard of quality set forth in the contract documents.

2. Substitution requests during the procurement phase: The Owner is willing to consider Substitutions from Respondents during the procurement process. Any request for Substitution(s) must be submitted by a Respondent before the deadline for questions listed in this solicitation. The Owner will not consider any Substitution requests from vendors, suppliers, or other third-parties. Each Substitution request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed Substitution including drawings, cuts, performance and test data, and any other information necessary for an evaluation. Respondent shall include a statement indicating any other changes in other materials, equipment, or work that would be required if this Substitution were to be included. The burden of proof of the merit of the proposed Substitution is upon the Respondent. Owner's decision of approval or disapproval of a proposed Substitution shall be final. If Owner approves any proposed Substitution before the date for receipt of Bids, such approval will be set forth in an Addendum issued to all prospective Respondents. Respondents shall not rely upon approvals made in any other manner

3. Or Equal requests during the procurement phase: Except where specifically provided otherwise, whenever any product is specified by brand name, i.e., manufacturer’s or supplier’s name or trade name and catalog or model number or name, the intent is not to limit competition but to establish a standard of quality which the Owner and/or Engineer has determined is necessary. The words Or Equal shall be deemed inserted in each instance. The selected Contractor may use any product equal to that named in the Contract Documents which is approved by the Owner and Engineer and which meets the requirements of the Contract Documents. If any Respondent wishes to have an Or Equal considered during the procurement phase, the Respondent shall submit documentation supporting such request by the deadline for questions in this Solicitation. The burden of proving the item to be an Or Equal is on the Respondent. The Owner will not consider any Or Equal requests from vendors, suppliers, or other third-parties. The Owner's decision of approval or disapproval of a proposed Or Equal shall be final. If the Owner approves any proposed Or Equal before the date for receipt of Bids, such approval will be set forth in an Addendum issued to all prospective Respondents. Respondents shall not rely upon approvals made in any other manner.

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NN. WITHDRAWAL BY OWNER/OWNER’S RIGHTS

The Owner makes no guarantees or representations that any award will be made and reserves the right to do any of the following:

• Reject any and all Bids received as a result of this Solicitation.

• Waive or decline to waive any informality and any immaterial irregularities in any Bid received.

• Withhold the award of Contract(s).

• Select Respondent(s) it deems to be the lowest responsive and responsible Respondent.

• Terminate the Solicitation process.

OO. WITHDRAWAL BY RESPONDENT

Bids may be withdrawn on written, facsimile or electronic transmission request to Procurement Manager dispatched by the Respondent in time for delivery in the normal course of business prior to the time fixed for bid opening; provided, that written confirmation of any facsimile withdrawal over the signature of the Respondent is placed in the mail and postmarked prior to the time set for bid opening. The bid security of any Respondent withdrawing the bid in accordance with the foregoing conditions will be returned promptly.

PP. GOVERNING LAW AND VENUE

Any contract awarded shall be governed by and construed in accordance with the laws of the

State of Texas, and venue for any action related to this contract will be Guadalupe County, Texas.

SPECIAL TERMS AND CONDITIONS

A. THIS SECTION IS RESERVED FOR SPECIAL TERMS AND CONDITIONS (FEDERAL GRANTS,

TWDB, ETC.)

GENERAL CONDITIONS OF THE CONTRACT

A. GENERAL CONDITIONS OF CONTRACT

The General Terms and Conditions of the Contract shall be governing conditions of this Contract. The General Conditions of the Contract will be incorporated into the fully executed originals of the Contract Documents. General Conditions are found in the Standard Form of Construction Agreement.

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PROJECT SPECIFIC CONDITIONS OF THE CONTRACT

A. CONTRACT BONDING REQUIREMENTS

The Bonds listed below are required for this Contract and will be made a part of the executed Contract Documents. These forms are not to be submitted by the Respondent at the time of Bid submission.

Subsequent to the Notice of Award and within ten (10) calendar days after the prescribed forms are presented for signature, the successful Respondent shall execute and deliver to the Owner an Agreement in the form included in the Contract Documents in such number of copies as the Owner may require.

Having satisfied all conditions…