26-023csp Solicitation.pdf

EL PASO COUNTY, TEXAS

County Purchasing Department

800 E. Overland, Suite 300 El Paso, Texas 79901

Phone (915) 273-3349

Notice to Interested Parties

The El Paso County, Texas will receive Competitive Sealed Proposals (CSP) 26-023 El Paso County Ysleta Annex Community Kitchen, until 2:00 p.m., on Thursday, October 15, 2026, at which time and place all submissions will be publicly opened. Name of supplier and monetary proposal will be read aloud.

Submission may be virtual OR hardcopy.

Electronic responses must be submitted through epcountypurchasing.ionwave.net.

Hardcopies must be submitted to the Purchasing Department Office, 800 E. Overland Ave., Rm. 300, El Paso, Texas 79901.

Hardcopy submissions only:

CSP MUST BE IN A SEALED ENVELOPE AND MARKED AS FOLLOWS:

“CSP to be opened Thursday, October 15, 2026

El Paso County Ysleta Annex Community Kitchen

CSP 26-023”

A pre-proposal conference will be held on Tuesday, September 29, 2026 at 02:00 p.m. in the Purchasing Department Conference Room located at 800 E. Overland Ave., Room 315, El Paso, Texas 79901.

Solicitation documents are attached herein. Do not contact the requesting department. Any questions by interested vendors must be entered on the Question tab of the e-bidding system or emailed to: bidquestions@epcounty.com before Thursday, October 1, 2026 at 12:00 p.m. If emailed, “Subject Line” should be the CSP Number and Title. Attempts to circumvent this requirement may result in rejection of the proposal as non-compliant.

Any changes to the specifications or other documents will be marked as an addendum to the solicitation. It shall be the respondent’s responsibility to check the e-bid system prior to the Opening Date to verify whether any addendums have been issued.

All openings will occur via live video feed at the County YouTube Channel:

https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg/videos.

During the live broadcast, citizens may call in at telephone (915) 273-3349. Allow for a 10-second delay during the live broadcast.

Award shall be based on the review of scope of services, qualifications, and price. It is the intent of El Paso County, Texas to award this contract to the vendor whose Proposal for completion of the Work provides the best value for the Owner after consideration of the relative importance of price and other evaluation factors described herein.

COMMISSIONER’S COURT RESERVES THE RIGHT TO REJECT ANY AND ALL

PROPOSALS AND WAIVE TECHNICALITIES. Successful vendor must comply with all performance bond, payment bond, and insurance certificate requirements. Upon award, items or services shall not be ordered until a Purchase Order is received from the County Purchasing Office. Payment will not be made on items or services delivered without a Purchase Order. Payment shall be made through County current funds after completion of goods or services. Purchase Orders will be issued as required. Contract will be awarded by lump sum or line item, whichever is in the best interest of the County.

The El Paso County, Texas reserves the right to reject any or all CSP submissions or to waive any technicalities in the solicitation. Proposals may be held by the El Paso County, Texas for a period not to exceed forty-five (45) days, or such longer time as may be required by the funding agencies, from the date of the CSP opening for the purpose of reviewing the proposals and investigating the qualifications of Vendors, prior to awarding of the Contract.

KAREN L. DAVIDSON

Purchasing Agent

COMPETITIVE SEALED PROPOSAL

CSP 26-023

El Paso County Ysleta Annex

Community Kitchen

Opening Date Thursday, October 15, 2026

Contents

Specifications/ Scope of Work

PROPOSAL EVALUATION

General Requirements

Building Construction - 2024 Prevailing Wage Rates and Definitions

Heavy & Highway Construction - 2024 Prevailing Wage Rates and Definitions

Apprenticeship Program

Non-Collusion Affidavit of Contractor

Non-Collusion Affidavit of Subcontractor

Bid Bond

Certificate as to Corporate Principal

Check Return Authorization Form

Safety Record Questionnaire

Civil Litigation Certification

Self-Disclosure of Environmental Safety Violations

References

El Paso County, Texas Code of Ethics Training Affidavit

Certifications

Conflicts of Interest

Health Insurance Benefits Questionnaire

Payment Bond

Performance Bond

Certificate of Interested Parties

El Paso County Signature Page

CSP Check List

Specifications/ Scope of Work 1

Specifications/ Scope of Work

As part of a federal grant funding with the U.S. Department of Housing and Urban Development (HUD) and El Paso County Tax Note Requirements, El Paso County is soliciting Competitive Sealed Proposals from qualified and experienced contractors for the construction of a new El Paso County Ysleta Annex Community Kitchen. The proposed project consists of a single-story, approximately 12,000-square-foot administrative building with a commercial kitchen to be located near the rear of the existing Ysleta Annex at 9521 Socorro Road, El Paso, Texas 79927.

The new facility will support the operational needs of the El Paso County Community Services staff and will include a combination of private offices, open workspaces, storage areas, break rooms, and restrooms. Additionally, the building will feature a shared lobby/reception area and a large multi-purpose room designed to accommodate staff training sessions and community engagement events.

The scope of work includes, but is not limited to:

Construction of the new building in compliance with all applicable local, state, and federal codes;

Installation and connection of all necessary utilities;

Site improvements, including parking facilities designed to meet operational and

ADA requirements;

Site lighting;

Landscaping and irrigation systems.

This project represents a significant investment in the County’s infrastructure and is intended to enhance the delivery of public services, supporting El Paso County’s continued growth and commitment to its residents.

Estimated Budget: $5,000,000 - $6,000,000

1. Overview of Competitive Sealed Proposal Process.

In accordance with the provisions of the Texas Government Code, Section 2269, El Paso County, Texas is requesting Competitive Sealed Proposals (CSP) to undertake construction of the following project: El Paso County Ysleta Annex Community Kitchen. The objective of the CSP process is to competitively procure goods and services with the firm whose Proposal provides the best value for the Owner (El Paso County).

Proposals will be received, publicly opened, and the names and monetary Proposals of Offerors read aloud. Subsequently, the Proposals will be ranked according to the criteria described in this CSP document. Both cost and non-cost factors will be evaluated and scored.

El Paso County may enter into contract negotiations with the highest ranked firm for the completion of the Work. If the negotiations with the highest ranked firm are unsuccessful, El Paso County will formally close negotiations with this firm and initiate contract negotiations with the next highest ranked firm. Upon Standard Form of Agreement

Specifications/ Scope of Work 2 between both parties, a Contractor-executed Agreement may be recommended for approval to El Paso County Commissioners Court, as applicable. Upon approval, the Contract will be executed by El Paso County.

2.2.2. Apparent Best Value Offeror – The Offering Firm whose Proposal for completion of the Work provides the best value for the Owner as defined by the ranking detailed in Articles 8 and 11 of Instructions to Offerors.

2.2.6. CSP Document – Abbreviation of the Competitive Sealed Proposals Document, the document used to request Competitive Sealed Proposals for the procurement of goods and services as authorized under Government Code Chapter 2269, Subchapter D.

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 judgements by the Owner.

8.1.1. The Owner reserves the right to consider any Proposal “non-responsive” if the Cost of Work is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the Owner’s estimate of the construction cost.

Specifications/ Scope of Work 3

PROPOSAL EVALUATION

The Owner will evaluate Proposals based on the Offerors’ qualifications (Statement of Qualifications) and proposed Contract Price (Proposal Form) to determine, in the Owner’s sole judgment, which Proposal provides the best value. All procurements will be conducted in accordance with Chapter 2269 of the Texas Government Code.

Selected firm(s) may be required to deliver on-site oral and visual presentations or demonstrations at the County’s request. The County will determine the time and location of such presentations. All costs and equipment necessary for presentations shall be the sole responsibility of the proposer.

Proposers are advised that it is their sole responsibility to submit complete information addressing the evaluation criteria. The County is under no obligation to request additional details if omitted. Failure to provide sufficient information may negatively affect the evaluation of the Proposal.

Proposals will be reviewed and scored by the County Selection Committee based on the following criteria, with maximum point values as indicated:

Proposed Contract Amount:

The Offeror shall indicate the total proposed cost of performing the Work as the “Contract Amount” on the Proposal Form. This amount should represent the Offeror’s best estimate to complete the Project in accordance with the plans, specifications, and requirements outlined in this solicitation.

The Owner will evaluate the Total Proposal Price that the Owner can award with its available budget at the time Contract is negotiated. Attach the Proposal Form and all information/documents required to be submitted with the Proposal.

Offerors must attach the completed Proposal Form, and all required supporting documentation. A narrative explanation of the proposed Contract Amount, not to exceed two (2) pages. Supporting documents (e.g., cost breakdowns, quotes, SOV) can be included as attachments and do not count toward the two-page narrative limit.

Sample of Supporting Information:

o Detailed Cost Breakdown o Line-item breakdown of the total contract amount (e.g., site work, foundation, structural, MEP, finishes, landscaping, etc.)

o Labor vs. materials cost allocation o General conditions and overhead costs o Owner Contingency allowances o Profit margin (if permitted under applicable procurement rules)

Specifications/ Scope of Work 4 o Unit Pricing and Allowances o Unit prices for specific scopes of work (e.g., per square foot, per linear foot) o Allowances for materials or services where quantities are not yet defined o Alternate pricing for optional or additive scopes (if applicable) o Subcontractor and Supplier Quotes o List of proposed subcontractors and suppliers o Copies of quotes or bids received from subcontractors o Identification of self-performed work versus subcontracted work o Schedule of Values o A preliminary Schedule of Values (SOV) showing how the Contract

Amount will be allocated across major project phases or milestones

This information will be used to evaluate the competitiveness, transparency, and responsiveness of the proposed Contract Amount and to ensure the Offeror has a clear understanding of the project scope and cost structure.

Experience/Past Performance of Offeror with Similar Projects:

Provide general information about the Organization. Provide any additional information as required by the Construction Experience section, including demonstration of successful safety history. HB 679 prohibits the use of workers’ compensation insurance experience modifier values in soliciting and awarding public construction contracts, Therefore, EMR ratings will not be considered.

The Offeror shall:

o Describe the organizational structure and qualifications of the management team as they relate to this Project (refer to the appropriate table provided in the solicitation).

o Provide a narrative describing the Offeror’s experience as a general contractor, including the organization’s operating philosophy and approach to constructing, completing, and commissioning projects.

o Include a list of projects completed by the Organization within the last five (5) years, with emphasis on projects of similar size, scope, and complexity.

The narrative portion of this section shall not exceed two (2) pages in length.

Supporting documentation such as project sheets, photos, or letters of recommendation may be included as attachments and will not count toward the page limit.

Experience/Past Performance with El Paso County or any Governmental Agency:

The Offeror must demonstrate experience in the construction of governmental projects of similar construction cost and/or technical complexity. The Offeror should describe how it intends to provide the necessary experience and expertise to successfully complete this Project.

If the Offeror does not have specific experience with projects of this type or magnitude, it

Specifications/ Scope of Work 5 may describe its proposed approach and explain how experience with other types of projects enhances its capability to deliver this Project successfully.

To support this section, the Offeror may submit:

o Photographs of completed projects o Project descriptive narratives o Letters of recommendation o Project awards o References from governmental clients

The Offeror shall also provide information demonstrating its ability to complete projects within budget and on schedule. Comments may be included to explain any contract amendments or schedule changes on past projects.

Additionally, provide a narrative that includes:

o The number of projects and total dollar volume currently under contract The projected completion dates of each active project Baseline vs. Projected Timelines: For each active project, state the original contractual baseline completion date alongside the current anticipated completion date.

Schedule Variance Justification: If any project is tracking behind schedule, provide a detailed narrative explaining the root causes, mitigating factors, and specific reasons for the delay.

o An explanation of how current commitments may impact the Offeror’s ability to execute this Project o An estimate of the portion of the Project to be performed using in-house resources versus Subcontractors and Suppliers

This narrative shall not exceed two (2) pages in length. Supporting documentation may be included as attachments and will not count toward the page limit.

Experience and Qualifications of Proposed Key Personnel with Similar Projects:

The Offeror shall provide information on the managerial structure and the key personnel who will be actively assigned to this Project, samples provided in Tables 6 through 8 as referenced in this solicitation. Key personnel include, but are not limited to:

o Project Manager o Project Superintendent o Safety Manager o Quality Control Manager o Administrative Support Staff

If one individual is proposed to fulfill more than one key role, this must be clearly indicated

Specifications/ Scope of Work 6 in the submission. If the Offeror is unable to commit to a specific individual for a given position at the time of proposal submission, a list of qualified candidates for that role must be provided.

The qualifications and relevant experience of the proposed key personnel will be considered in evaluating the Offeror’s overall qualifications. The Proposal must include a commitment that the proposed key personnel (or approved alternates) will remain assigned to the Project for its duration. Failure to make this commitment may result in disqualification of the Offeror or voiding of the contract award.

The narrative portion of this section shall not exceed three (3) pages in length.

Supporting resumes or certifications may be included as attachments and will not count toward the page limit.

Project Completion Timeline and Schedule Management The Offeror shall provide a detailed narrative and preliminary project schedule demonstrating their proposed approach to achieving timely completion of the Project. The Owner will evaluate the Offeror’s ability to meet or exceed the anticipated project timeline based on the following:

A proposed project schedule identifying key milestones, critical path activities, substantial completion date and be in consecutive calendar days.

The Offeror’s demonstrated history of completing similar projects on or ahead of schedule;

Strategies for mitigating potential delays, including contingency planning and resource allocation;

The availability and commitment of personnel and equipment to maintain schedule adherence;

The Offeror’s approach to coordinating with subcontractors, suppliers, and the Owner to ensure timely delivery of materials and services.

Proposers must demonstrate the realism of their timeline. Points will be deducted if the preliminary schedule lacks logical sequencing, realistic durations, or adequate float management.

Offerors must also identify any current or upcoming projects that may impact their ability to meet the proposed schedule and describe how they will manage concurrent obligations. The narrative should not exceed one (1) page in length and may be supplemented with a Gantt chart or similar scheduling tool.

Failure to provide a realistic and achievable project timeline may result in a lower evaluation score for this criterion.

Financial Management (Stability):

The County will consider the Offeror’s corporate history and financial stability including the historical stability, corporate, structure, firm’s ability to acquire and maintain bonds and insurance, history of debarment by public entities, and any information of liquidated

Specifications/ Scope of Work 7 damages that have previously been withheld by public owner clients in the last five (5) years.

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. Offerors may choose to report on the financial stability of their organization to demonstrate that they can complete the Project in a manner that will not impose undue efforts on the part of the Owner to invoke rights under bonds to complete the Project or for Offeror to meet financial obligations. 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.

Provide a list of officers of the firm who, while in employment 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.

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

Other Factors:

The Owner will consider other factors in evaluating Proposals, including the following (narratives for this Section shall not exceed one (1) page total in length):

Specifications/ Scope of Work 8

Description Points

Proposed Contract Amount

𝑅𝑒𝑠𝑝𝑜𝑛𝑑𝑒𝑟𝑇𝑜𝑡𝑎𝑙𝐶𝑜𝑠𝑡 = Construction Cost + (Construction Cost*Owner Contingency %)

𝑺𝒄𝒐𝒓𝒆 = 𝑴𝒂𝒙. 𝑷𝒐𝒊𝒏𝒕𝒔 × ൬ 𝑳𝒐𝒘𝒆𝒔𝒕 𝑹𝒆𝒔𝒑𝒐𝒏𝒅𝒆𝒓𝒔 𝑻𝒐𝒕𝒂𝒍 𝑪𝒐𝒔𝒕

𝑹𝒆𝒔𝒑𝒐𝒏𝒅𝒆𝒓 𝑻𝒐𝒕𝒂𝒍 𝑪𝒐𝒔𝒕 ൰

Proposed Contract Amount Supporting Documents

Cost breakdown, competitiveness, and supporting documentation

Experience/Past Performance of Offeror on Similar Projects to Maintain Project Budget and Schedule.

Organizational structure, qualifications, operating philosophy, and approach to constructing, completing, and commissioning projects

Experience with similar projects, safety record, project history, and references Demonstrated Experience in completing projects within budget and on time.

Resources dedicated to this project

Experience/Past Performance with El Paso County or any Governmental Agency

One governmental project of similar scope and construction cost More than one governmental project of similar scope and construction

Experience and Qualifications of Proposed Key Personnel with Similar Renovation Projects

Managerial Structure Key Personnel

Project Completion Timeline and Schedule Management

Proposed schedule, milestone planning, resource availability, and delay mitigation strategies

Financial Management (Stability): 5

Reference 3

Provides Health Insurance to Employees 2

TOTAL POINTS 100

Specifications/ Scope of Work 9

In accordance with Texas Government Code §2269.153(d), the County has determined that assigning a weighted value of less than 50 percent to price is in the public interest due to the complexity of the project, the need to evaluate contractor qualifications, schedule management capabilities, prior performance on governmental projects, and other factors essential to achieving the best value for the County. Therefore, the weighted value assigned to price for this Competitive Sealed Proposal Proposed Contract Price shall be 37 percent.

Ranking of Offeror’s Proposals

The Owner will consider the qualifications (Statement of Qualifications) of the Offerors and Offeror’s proposed Subcontractors, Suppliers, and consultants, in addition to the proposed cost(s) (Proposal Form) when evaluating Proposals to determine which Proposal offers the best value to the Owner. Owner will rank each of the Offeror’s Proposals based on the criteria and criteria weighting. Basis for Ranking of Proposals.

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

In evaluating Proposals, Owner will consider the selection criteria and whether or not the Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested by Owner. The County reserves the right to request additional post-proposal information from any or all Offerors to assist in evaluating the proposal.

The Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the General Conditions. The 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 before the recommendation of award.

The Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of Offerors, proposed Subcontractors, Suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

Specifications/ Scope of Work 10

PRICE SHEET

CSP 26-023

El Paso County Ysleta Annex Community Kitchen

Total proposal for Contract amount as defined in this CSP, Agreement, the General Requirements, Plans, and specifications.

Description Total Cost

Construction Cost (Cost of Work) $

Owner Contingency %

The County reserves the right to reduce the scope of work at its discretion.

The undersigned certifies that the prices contained in this proposal have been carefully reviewed and are submitted as correct and final. Vendor further certifies and agrees to furnish any, and all products, and services at the prices offered, and upon the conditions in the specifications of the CSP-Competitive Sealed Proposal.

Signed

Print Name

Title

Date

General Requirements 11

General Requirements El Paso County, Texas

IT IS THE SUBMITTING VENDOR’S RESPONSIBILITY TO READ THIS ENTIRE

DOCUMENT CAREFULLY, UNDERSTAND THE INSTRUCTIONS, AND FULFILL ALL

REQUIREMENTS INDICATED HEREIN.

These General Requirements are considered standard language for all El Paso County, Texas Competitive Sealed Proposal solicitations. If any “specific CSP requirements” differ from the General Requirements listed here, the “specific CSP requirements” shall prevail.

PROPOSAL PACKET

Proposals may be submitted virtually or as a hard copy. The proposal packet must contain all requested and supporting documentation and must demonstrate the vendor’s ability to meet the specifications and qualifications detailed in the CSP. By submitting a Proposal, the vendor understands they are submitting at their own risk and expense, the County is not liable for any costs incurred in preparing the response to this CSP.

Hard Copy Submittals: The Proposal packet must be enclosed in a sealed envelope clearly labeled with the solicitation number, project name, and name of submitting vendor.

The packet must be in the Purchasing Department office BEFORE the opening hour and date specified. Late submittals will not be considered under any circumstances. Packets sent via express mail or overnight delivery must have the solicitation number and project name clearly marked on the outside of the envelope or package. Failure to clearly identify your packet may be cause for disqualification. Proposal packets received prior to the advertised hour of opening will be kept securely sealed. The officer whose duty it is to open them will decide when the specified time has arrived.

Virtual Submittals: The Proposal packet must be submitted by the Closing Date and Time specified. It is the firm’s responsibility to ensure all documents are successfully uploaded and entered information is accurate and complete before submitting. A MISSED SUBMISSION WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES. Proposals received prior to the indicated Closing Date and Time will be kept virtually sealed until the officer whose duty it is to open the CSP, unseals virtually.

Faxed or e-mailed packets will be rejected.

AUTHORIZED SIGNATURE

Any individual signing on behalf of the vendor expressly affirms that he or she is duly authorized to tender this proposal and to sign the resulting contract. The submitting vendor further understands that the signing of the contract shall be of no effect unless subsequently awarded and the contract properly executed by Commissioners’ Court.

General Requirements 12

The signature acknowledges that the submitting vendor has read the CSP documents thoroughly before submitting a response and will fulfill the obligations in accordance with the El Paso County, Texas. Failure to complete and sign the required document(s) may disqualify the Proposal from being considered.

VIRTUAL SUBMITTALS

Google Chrome, Microsoft Edge, or a current internet browser that supports JavaScript is the recommended internet browser for use of the e-bidding system.

The El Paso County, Texas uses Ion Wave Technologies as their third party bid management provider. Vendors that choose to submit virtually may submit through the electronic bidding (e-bidding) platform: http://elpasotexaspurchasing.ionwave.net. The County’s e-bidding system will be accessible to registered users provided a unique username and password.

Submission of electronic documents with digital signatures and seals, including (without limitation) photocopied or .pdf forms or submittals, are binding and enforceable. The submitting vendor shall provide original documents upon request.

The El Paso County, Texas is not responsible for non-delivery of an electronic response, including but not limited to equipment or software failure, internet failure, user error, or missed notification from e-bidding system. Vendors shall be solely responsible for informing themselves of the proper use of the electronic bidding platform and keep their information true and current to ensure all notices are received.

A proposal packet may also be completed online, printed, and turned in as a hardcopy.

In which case, the vendor must include the Signature Page provided in this solicitation.

Any proposal that is submitted as a hard copy and received by the Purchasing Department prior to the indicated date and time, will be entered manually as an electronic entry after the opening. Once the manual response entry is complete, the vendor will receive a “Registration Invitation” email from Ion Wave. Only the link sent through this email will connect the vendor information to their submitted response.

ADDENDA

No oral interpretation of the solicitation will be made to any vendor, or as to the meaning of any part thereof. The County is not bound by any oral representations, clarifications, or changes made in the specifications by the County’s employees, unless such clarification or change is publicly posted. Every request for such an interpretation shall be made in writing to the El Paso County, Texas Purchasing Department. Any inquiry received prior to the deadline for questions will be given consideration, complied, and answers published as an addendum.

General Requirements 13

If it becomes necessary to revise or address any part of this CSP, a written notice of such revision will be posted as an addendum. The addendum will address the nature of the clarification or change before the solicitation is set to open. It shall be the vendor's responsibility to verify if any Addenda have been issued. All such Addenda shall become part of the contract and all submitting vendors shall be bound by such Addenda, whether or not received by the vendor.

COMMUNICATIONS

To prevent biased evaluations and to preserve the competitiveness and integrity of such procurement efforts, vendors are to direct all communications regarding this CSP to the El Paso County Purchasing Agent or assigned designee.

CONTRACTOR INVESTIGATION

Before submitting a proposal, each vendor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the County upon which the vendor will rely. If the vendor receives an award as a result of its submission, failure to have made such investigations and examinations will in no way relieve the vendor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever for additional compensation. Site visits are restricted to the date designated in the CSP details.

ESTIMATED QUANTITES AND ACCURACY OF DATA

Any reference to quantities shown in the solicitation are an estimate only. Since the exact quantities cannot be predetermined, the County reserves the right to adjust quantities as deemed necessary to meet its requirements. Information and data provided through this solicitation are believed to be reasonably accurate.

PRICING

Pricing will be either lump sum or per unit as indicated in the specifications. A breakdown of the lump sum quote shall also be provided. Unit prices must be all-encompassing (i.e.

labor, materials, removal, overhead, etc.). If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Pricing on all transportation, freight or other charge is to be paid by the vendor and included in the pricing, unless otherwise agreed to by both parties. Submissions with incomplete prices or supporting information may be disregarded and given no consideration. Proposals involving equipment shall offer new (unused) equipment or merchandise unless otherwise specified. Prices for all goods and/or services shall be considered firm and cannot be altered after the submission deadline. Pricing subject to unlimited increases will not be accepted. All pricings should not include tax either directly or indirectly, the County will sign tax exemption certificates covering these items.

General Requirements 14

The net monetary values of change orders, if any, shall not increase the original contract price by more than twenty-five (25%), unless required to comply with a new law, rule, regulation, or judicial decision. The original contract price must not be decreased by twenty-five (25%) or more without the consent of the vendor.

There is an exception to these for items not covered in the specifications as provided.

If only one (1) response is received, a detailed cost breakdown may be requested. A cost/price analysis and evaluation and/or audit may be performed in order to determine if the pricing is fair and reasonable.

ALTERNATE OFFER

No alternative proposals will be considered unless specifically requested in the technical specifications.

DELIVERY AND SHIPPING

All delivery and freight charges shall be F.O.B. destination, if otherwise, show exact cost to deliver (merchandise only). The awarded vendor shall not deliver products or provide services as part of this contract without a El Paso County, Texas purchase order signed by the Purchasing Agent. Delivered products or services shall not exceed the amounts specified on the purchase order.

MODIFICATION

A proposal packet may be modified up until the time of opening. Proposals may not be amended or altered after the official opening with the single exception that any product literature and/or supporting data required by the actual specifications, if any, will be accepted at any time prior to the Commissioners’ Court consideration of same. No substitutions or cancellations for merchandise will be permitted without written approval of the County Purchasing Agent.

Hard Copy Submittals: The modification must be requested in writing prior to the submission deadline. Modifications, erasures, or other changes must be sealed, and explained or noted with initial or signature of the authorized individual signing the proposal packet. All figures must be written in ink or typed; figures written in pencil are not acceptable.

Virtual Submittals: Proposals may be retracted, corrected, and re-submitted as needed prior to the indicated Closing Date and Time. Any proposal that is retracted for corrections must be re-submitted to be considered. A missed submission will not be considered under any circumstances.

General Requirements 15

WITHDRAWAL

Vendors may withdraw their proposal packet prior to the scheduled opening time but may not be withdrawn for a period of sixty (60) calendar days after opening.

Hard Copy Submittals: The request for withdrawal must be submitted to the Purchasing Agent in writing.

Virtual Submittals: Vendors may retract their response prior to the scheduled closing time and date. Selecting “No Bid” and including a reasoning is highly encouraged.

AWARD OF CONTRACT

El Paso County 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.

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

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.

Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Apparent Best Value Offeror.

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.

The qualifications of a firm shall not deprive the Owner of the right to accept a Proposal, which, in its judgment, offers the best value to the Owner. In addition, the Owner reserves the right to reject any Proposal where circumstances and developments have, in the opinion of the Owner, changed the qualifications or responsibility of the firm.

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

General Requirements 16 resulting from such misstatements, including costs and attorneys’ fees for collecting such costs and damages.

If the Contract is to be awarded, it will be awarded to the Apparent Best Value Offeror following successful Contract Negotiations and following any required approval by Commissioners Court, as applicable.

If Contract Negotiations with the Apparent Best Value Offeror are unsuccessful, The Owner will formally close Contract Negotiations with this Firm and attempt to open Contract Negotiations with the next highest-ranked firm according to the selection criteria.

If the Contract is to be awarded, Owner will notify Successful Offeror of intent to submit contract for approval by El Paso County Commissioners Court no later than forty-five (45) Calendar days after the day of the Proposal opening.

The Offeror may submit exceptions or alternatives not in accordance with the terms and conditions of the Contract Documents, or for Work that is not in strict compliance with the Contract Documents. In such event, Offeror must describe the intent and substance of the changes in the Proposal in adequate detail, so they are clearly identifiable and understandable. Alternates will not be considered in the ranking and evaluation of the Proposals. Upon selection of the Proposal that offers the best value to the Owner, the Owner and Principal Architect/Engineer may consider proposed alternates in negotiating a final Contract scope, time/schedule, and price.

DELAYS

The County reserves the right to delay the scheduled commencement date of the contract if it is to the advantage of the County. There shall be no additional costs attributed to these delays should any occur. The submitting vendor agrees it will make no claim for damages, for damages for lost revenues, for damages caused by breach of contract with third parties, or any other claim by the vendor attributed to these delays, should any occur. In addition, the submitting vendor agrees that any contract it enters into with any third party in anticipation of the commencement of the contract will contain a statement that the third party will similarly make no claim.

RESULTANT CONTRACT

The resultant contract shall become effective upon the Commissioners’ Court approval and the County Judge’s signature. The contract documents shall consist of all the documents included in the Contract between Owner and Contractor, and any additional documents specified therein.

If the Contract is to be awarded, Owner will notify Successful Offeror of intent to submit contract for approval by El Paso County Commissioners Court no later than forty-five

(45) Calendar days after the day of the Proposal opening.

General Requirements 17

Within thirty (30) calendar days after the Agreement is presented to the awarded firm for signature, the awarded firm shall execute and deliver the Agreement to the County in such number of copies as the County may require.

The Contract will require the completion of the work according to the contract documents.

The term of the resultant contract will begin as stated in the contract executed by the Commissioners’ Court and will terminate on the date specified in the contract unless terminated earlier as herein set forth.

SUBCONTRACTING/ASSIGNMENT

Vendors shall not assign, sell, or otherwise transfer its contract in whole or in part without prior written permission of Commissioners’ Court. Such consent, if granted, shall not relieve the awarded vendor of any of its responsibilities under this contract.

DEFAULT BY VENDOR

In case of default by the vendor, the County may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due, the difference between the price named in the contract or purchase order and the actual cost thereof to the County. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods or performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent and the Commissioners’ Court.

TAX EXEMPTION

Pursuant to Section 151.309 of the Texas Tax Code, El Paso County qualifies for exemption from sales, excise and use taxes imposed under the Limited Sales, Excise, and Use Tax Act, which is codified at Chapter 151 of the Texas Tax Code. In accordance with Section 151.309, a taxable item sold, leased, or rented to, or stored, used, or consumed by the County is exempt from the taxes imposed under Chapter 151.

INVOICES AND PAYMENTS

An invoice should be submitted after the notice to proceed date or a purchase order has been received and after the delivery and/or service has been completed. Invoices must indicate the purchase order number and/or contract number and should be itemized.

Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned for correction. Under term contracts, when multiple deliveries and/or services are required, the items may be invoiced in groups or individually. Invoice payment term is net thirty (30). Prior to any and all payments made for goods and/or services provided under the contract, the vendor’s W9 must be on file with the County

General Requirements 18

Auditor’s office. Offeror must include a current, signed copy of their W9 in their response. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service.

NON-APPROPRIATIONS

Submitting vendor acknowledges that funding to pay for support and services referenced herein is subject to annual appropriations by the County’s governing body, and any termination, liability, indemnity, other provision in the Terms to the contrary does not apply to the County. In the event such funds are not appropriated in any fiscal year for support and services, the County may terminate the agreement between the parties upon no less than thirty (30) days prior written notice without incurring any termination liability or penalty. Such termination will not affect the County’s obligation with respect to payment for satisfactory service or support received through the termination date

DISCLOSURES

At the time and place fixed for the solicitation opening, the County will open and publicly read aloud the names of the offerors and any monetary proposals made by the offerors for every proposal packet received, irrespective of any technicalities therein. Vendors and other persons interested may be present, in person or by representative. Interested parties may also view live openings through El Paso County, Texas ITD’s YouTube channel, https://www.youtube.com/channel/UCXwcq_JYs28xwL14oGAVPZg.

Proposers are requested to withhold all inquiries regarding their proposal or other submissions until after an award is made. No communication is to be had with any County employee, other than the Purchasing Agent, regarding whether a proposal was received. Violations of this provision may result in the rejection of a proposal. Public information requests must be made in writing and submitted by mail, in person, fax, or email to the Purchasing Department. Additional information may be found in the section titled “PUBLIC INFORMATION ACT”.

The County of El Paso, Texas, will make the evaluations, including any evaluation scores, public and provide them to all offerors no later than seven (7) business days after the contract is awarded. Offerors should direct their requests for evaluation information to the County Purchasing Department.

PUBLIC INFORMATION ACT

El Paso County, Texas is a governmental body for purposes of the Public Information Act, codified as Chapter 552 of the Texas Government Code and as such is required to release information in accordance with the Public Information Act. VENDOR MUST

MARK ANY INFORMATION THAT IT CONSIDERS TO BE CONFIDENTIAL,

PROPRIETARY, AND/OR TRADE SECRET IN ITS PROPOSAL PACKET. If items are

General Requirements 19 not marked CONFIDENTIAL, El Paso County, Texas will not be liable for disclosing the information. County agrees to provide notice to the vendor in accordance with the Public Information Act in the event the County receives a request for information under the Public Information Act for information that the vendor has marked as confidential, proprietary, and/or trade secret.

EXEMPTIONS TO GENERAL REQUIREMENTS

Exceptions to the requirements of the solicitation may be submitted on a separate document labeled, “Exceptions to General Requirements”, and included in the proposal packet. If no exceptions are stated, it will be understood that all requirements will be complied with, without exception.

The exceptions document must specify alternatives or suggested language for consideration by the County. Alternatives should be sufficiently described, labeled, and should indicate its possible or actual advantage. The County reserves the right to offer these alternatives to other vendors.

RESTRICTIVE SPECIFICATIONS

It is the responsibility of the submitting vendor to review the entire specifications/scope of work, additional requirements, and to notify the Purchasing Department if the specifications are formulated in a manner that would restrict competition or appear ambiguous. Any such protest or question(s) regarding the specifications or procedures must be received in the Purchasing Department no less than seventy-two (72) hours prior to the time set for the solicitation opening. The mention of any brand name or model in the specifications is not intended to be restrictive but is intended to describe the desired features, quality, or standards of existing comparable items. Submitting vendors to propose an approved equal shall submit evidence that the item is equivalent in capability or characteristics.

SUBSTITUTES

It is not the County’s intent to discriminate against any material of equal merit to those specified, however, should the proposer desire to use any substitutions prior written approval shall be obtained from the County Purchasing Agent sufficiently in advance in order that an addendum might be issued.

RECYCLED MATERIAL

Under Local Government Code Section 262.005 and Health & Safety Code Section 361.426, the County is required to give preference to products made of recycled materials if they meet specifications. The County is also required to encourage the use of recycled products in developing new procedures and specifications. They are also

General Requirements 20 required to eliminate procedures and specifications that explicitly discriminate against products made of recycled materials.

REQUIREMENTS AND INTEGRITY

The submitting vendor must affirmatively demonstrate its responsibility, and follow the minimum requirements:

Have been in business of providing services for a minimum of one (1) year;

Have adequate financial resources or the ability to obtain such resources as required;

Be able to comply with all federal, state, and local laws, rules, regulations, ordinances and orders regarding this CSP solicitation;

Have satisfactory record of performance;

Have a satisfactory record of integrity and ethics; and Be otherwise qualified and eligible to receive an award.

PROOF OF INSURANCE

Awarded vendor shall submit to the County, for approval, within ten (10) days from the date of award, all Certificates of Insurance evidencing the required coverage as described herein.

Submitting vendor agrees that, at its own cost and expense, it shall procure and maintain throughout the duration of the contract the following listed insurance in the designated amounts:

Insurance Requirements

Professional Liability: $1,000,000 for E&O/Professional Insurance

General Liability:

Each Occurrence $1,000,000 General Aggregate $1,000,000 Personal & Advertising Injury

$1,000,000 each person

Premises Medical Expense $5,000 Damage to Rented Premises

$500,000 each occurrence

Products/Completed Operations - Aggregate: (see Contract Amounts for required limits)

Automobile Liability: $1,000,000 each occurrence

Worker’s Compensation: $1,000,000/$1,000,000/$1,000,000 each accident/disease policy limit/each employee

General Requirements 21

Cyber Liability: $1,000,000 per claim and in the annual aggregate (Must include 1st and 3rd party coverage)

Excess Umbrella Liability: (see Contract Amounts for required limits)

The Description of Operations section should include the job description or project name and solicitation number for which the insurance is provided. The General Liability and Auto Liability policies so issued in the name of Bidder/Vendor shall also name the El Paso County, Texas as an additional insured.