Seguin CMaR RFQ - FINAL.pdf

It’s real.

REQUEST FOR STATEMENT OF QUALIFICATIONS

CONSTRUCTION MANAGER AT-RISK

CITY OF SEGUIN FIRE STATION #4

Solicitation # AF-2026-55

Mandatory Pre-submittal Meeting

07/13/2026, at 2:00 PM Teams Meeting

Join: https://teams.microsoft.com/meet/252344787053238?p=j0fI7aWosr4YIG0CzC Meeting ID: 252 344 787 053 238

Passcode: iX2uA35E

Submittal Deadline: 07/21/2026, at 3:00 PM https://teams.microsoft.com/meet/252344787053238?p=j0fI7aWosr4YIG0CzC

City of Seguin – RFQ for CMaR – Fire Station #4

Contents

LEGAL ADVERTISEMENT

INTRODUCTION

PROJECT DESCRIPTION

SCOPE OF SERVICES

SUBMISSION INSTRUCTIONS

SUBMISSION REQUIREMENTS

SELECTION

SCHEDULE OF SELECTION

GENERAL TERMS AND CONDITIONS

GENERAL GUIDELINES & ADDITIONAL INFORMATION

ATTACHMENT 1 - RFQ RESPONSE FORM

ATTACHMENT 2 - CONFLICT OF INTEREST QUESTIONNAIRE

ATTACHMENT 3 - COMPLIANCE AGREEMENT

SAMPLE CONTRACT

GENERAL CONDITIONS

EXHIBIT A - GUARANTEED MAXIMUM PRICE PROPOSAL

ATTACHMENT 1 TO EXHIBIT A

LEGAL ADVERTISEMENT

PUBLIC NOTICE

CITY OF SEGUIN

REQUEST FOR QUALIFICATIONS

The City of Seguin is accepting sealed qualifications for:

CONSTRUCTION MANAGER AT RISK SERVICES CITY OF SEGUIN FIRE STATION #4

Sealed Qualifications will be received by the City of Seguin, through the City’s e-bid platform http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M., Tuesday, July 21, 2026.

Qualifications will be acknowledged publicly in the Council Chambers of City Hall, address 210 E. Gonzales, Seguin, TX 78155 at 3:00 P.M. on that date.

The full RFQ document is available at http://www.bidnetdirect.com/texas/cityofseguin

Qualifications received after the time and date set for submission will be disqualified.

The City of Seguin reserves the right to reject or accept any and all proposals and to waive informalities. The City Council’s decision will be final.

STEVE PARKER

CITY MANAGER

CITY OF SEGUIN, TEXAS

Publish Dates in the Seguin Gazette: 07/01/2026 & 07/08/2026

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REQUEST FOR STATEMENT OF QUALIFICATIONS

CONSTRUCTION MANAGER AT-RISK SERVICES

CITY OF SEGUIN FIRE STATION #4 RFQ AF-2026-55

INTRODUCTION

The City of Seguin (the “City”) invites sealed Statements of Qualifications for a Construction Manager At-Risk (CMaR) team member to provide pre-construction and construction services for the above-referenced project. The City will be using a two-step CMaR selection process, and this solicitation is the first step in this process. The second step will be interviews with no more than four (4) most qualified firms, as determined by the City.

PROJECT DESCRIPTION

The purpose of this Request for Qualifications (RFQ) is to request Statements for Qualifications from responding firms to gain adequate information by which the City may evaluate the qualifications offered by responding firms with the end goal of selecting the best-qualified firm to perform the requested services.

A. Project Program Site Development:

The site is (3) acres, and part of a new development called Walnut Branch off Huber Rd and Rudeloff Rd, with utilities scheduled to be routed to the corner of our fire station site. The site will consist of public and private parking with a fence surrounding private parking and the back of the station, an emergency backup generator, and infrastructure for future EV vehicles. Adjacent to our site to the south is a commercial property, and to the north is a public park, with the potential to share public parking with the park.

New Fire Station:

A new 1-story 11,500 GSF sprinklered pre-engineered metal building fire station facility with polished concrete floors throughout, consisting of:

1. Private Living quarters for 8 personnel, including 7 individual dorms, 1 officer's office with connecting dorm, a watch office with (3-4) stations, (3-4) single user shower/restrooms, kitchen, and dining room with 1 combined pantry, dayroom, and a flex space for conference/training that can be turned into (2) additional individual dorm rooms in the future. Off the kitchen or dining room will be an outdoor living patio for crews with connections for (2) gas grills.

2. Public Entry with a public restroom, baby box, and watch office connection.

Due to the park at the north of this site, the public entry needs to be friendly and accessible, with the potential, if the budget allows, for a public meeting room.

3. Police Report Room for 1 officer with access to the room from the secure side of fence, and adjacent to the public restroom or public entry.

4. (3) 80 ft double-depth drive-through Apparatus bays with a 4th bay planned in the future. The support spaces off the apparatus bays will be a Fitness room, Gear wash, Gear Storage, Cascade/SCBA, and Tool Storage. An open mezzanine will be above these spaces for general storage, and Infrastructure is planned to be added now for future EV vehicles in the apparatus bays.

5. Decontamination zones between the apparatus bay and the Private living quarters that will promote utilization of the green-yellow-red zone strategy encompassing air locks and decontamination rooms that flow with normal circulation paths.

B. Project Budget The current construction cost limit amount for this project is $7,000,000.

C. Project Schedule

1. The current schedule is for the design to be completed within 9 months, early March 2027.

2. Notice to Proceed (NTP) for construction is anticipated to be given to the CMaR in late

April 2027, and Substantial Completion is desired 12 months later.

SCOPE OF SERVICES

The Construction Manager At-Risk scope of services will include the following:

A. Pre-Construction Services – The selected firm will provide pre-construction services, including but not limited to the following:

i. The CMaR will work with the Architect and the City during the design process to ensure the feasibility and constructability of the building.

ii. The selected firm will prepare cost estimates for the following design milestones:

Schematic Design 100%; Design Development 100%; and 50%, 75%, and 100% Construction Documents.

iii. The CMaR will work with the Architect and City to ensure that the cost of construction of the Project is within the estimated Construction Budget through the selection of construction systems and materials, detailed CSI format cost estimating, scheduling, and other means.

iv. Following the completion of the 100% set of construction documents, the CMaR will submit a proposal for a Guaranteed Maximum Price (GMP) for the construction of the Project, which is within the City’s Construction Budget.

v. Make recommendations to the City, regarding division of work to facilitate competitive bidding and awarding of subcontracts.

vi. Obtain all pre-construction approvals of public agencies and authorities having jurisdiction.

B. Bidding Services

i. Should the City exercise its option, the CMaR will serve as General Contractor to complete all work for the bidding and construction of the project.

ii. The CMaR will be responsible for the coordination of all bids, advertisement, and solicitation, bid procurement, and selection of sub-consultants or trade contractors as outlined in Texas Government Code Chapter 2269.

iii. Review competitive sealed bids from the various contractors and make recommendations to the City.

iv. CMaR will also be responsible for the issuance of pre-purchase orders for long lead items, if required.

C. Construction Services

i. Should the City exercise its option, the selected firm will provide CMaR services during the construction phase, including but not limited to the following:

ii. Prepare, execute, and manage contracts with the contractors/sub-contractors.

iii. Coordinate and direct the work of the subcontractors.

iv. Conduct a general pre-construction meeting and an in-depth pre-construction meeting with all major sub-contractors prior to the start of their scope of work.

v. Provide temporary job site facilities and services.

vi. Provide staff to consist of full time one site Sr. Superintendent and Project Engineer.

vii. Provide site security and controlled site access.

viii. Track construction costs and maintain detailed construction cost records.

ix. Review and process shop drawings and other submittals.

x. Establish, monitor, and maintain a construction scheduling system.

xi. Maintain and provide current and complete as-built drawings detailing all items not as-shown on issued contract documents.

xii. Review request for changes, challenge the cost of the contractors as necessary, and make recommendations to the City of Seguin’s Owners Rep and Architect.

xiii. Develop, manage, and monitor a comprehensive safety program for the project.

xiv. Conduct progress and coordination meetings with on-site trade foreman.

xv. Conduct meetings with the City Owner’s Rep and Architect to review construction progress, scheduling, conflict resolution, etc.

xvi. Supervise, direct, and manage the complete construction of the project.

xvii. Obtain governing authorities’ required permits, approvals, and inspections.

xviii. Establish and maintain quality control and quality assurance standards.

xix. Negotiate project agreement, which will mitigate disputes, work stoppages, or jurisdictional disputes.

xx. Provide record keeping and ensure proper reporting required by the City.

xxi. Other services as deemed appropriate by the City.

QUESTIONS

Proposers are asked to examine this RFQ upon request. All questions or clarifications shall only be directed in writing to the BidNet website at http://www.bidnetdirect.com/texas/cityofseguin before the designated deadline for written questions. Questions received after the date specified above may not receive a response. Any contact or attempt to contact any other employee of the City regarding this RFQ may result in the immediate disqualification of the Proposer. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding.

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SUBMISSION INSTRUCTIONS

A. General Instructions:

i. DUE DATE: Sealed Qualifications will be received by the City of Seguin, through the

City’s e-bid platform http://www.bidnetdirect.com/texas/cityofseguin until 3:00 P.M., Tuesday, July 21, 2026. Qualifications will be acknowledged publicly in the Council Chambers of City Hall, address 210 E. Gonzales, Seguin, TX 78155 at 3:00 P.M. on that date.

ii.

Late submittals will not be accepted

iii. The Proposer is expected to examine the entire RFQ, including any attachments.

Failure to do so will be at the Proposer’s risk.

iv. If it becomes necessary to revise any part of this RFQ, a written addendum will be posted to http://www.bidnetdirect.com/texas/cityofseguin. It is the responsibility of any Proposer to ensure it has reviewed any addenda. City of Seguin is not bound by any oral representations, clarifications, or changes made in the written specifications by its employees, unless such clarification or change is provided to proposers in a written addendum. All addenda must be acknowledged on the RFQ Response Form (Attachment 1). Statements of Qualifications may be considered nonresponsive in the event that the Addenda are not acknowledged.

v. The Statement of Qualifications submitted should not exceed 25 pages. A page is considered one face of a leaf. The requested Team resumes (TAB 3.a) and Attachment 1 shall not be counted in the SOQ maximum. All Statements of Qualifications shall be typed in a font no smaller than 10 points with tabbed dividers labeled by section to correspond with the evaluation information requested.

vi. Statement of Qualifications, along with all required documents as described in this

RFQ, must be submitted with the response form and MUST indicate the name of the Project Title and Bid Number. Facsimile, email, or telephone Statement of Qualifications will not be considered.

vii. No responsibility will attach to the City of Seguin or any official, or employee thereof, for the pre-opening of, post-opening of, or the failure to open, a Statement of Qualifications not properly addressed and identified.

viii. Any irregularities or lack of clarity in the RFQ should be brought to the attention of the City of Seguin Owner’s Rep in written form, as soon as possible, so an addendum may be furnished to all Proposers.

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ix. The Official City of Seguin’s Representative for this RFQ is:

Owner’s Rep:

Fitzpatrick Design Construction Services (FDCS) 8951 Collin McKinney Parkway, Building 11, Suite 1101 McKinney, TX 75070 Attn: Kerrie Crimmins kerrie@fdcstx.com

x. All interpretations, answers to questions, corrections, and/or changes to an RFQ solicitation, or extensions to the opening date, will be made by addendum. Addenda will be published in writing and will be made available via the BidNet website at http://www.bidnetdirect.com/texas/cityofseguin.

xi. The proposer is required to acknowledge receipt of addenda on Exhibit D.

It is the responsibility of all proposers to check the BidNet website for all addenda.

xii. Statements of Qualifications are not to contain confidential/proprietary information.

Statement of Qualifications must contain sufficient information to be evaluated without reference to any confidential or proprietary information. Any Statement of Qualifications submitted that is marked “confidential” or “proprietary”, or that contains materials so marked, may be returned to the Proposer and not be considered for award.

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SUBMISSION REQUIREMENTS

TAB 1. FIRM DESCRIPTION (10 POINTS)

Related to this section of the submission, the Statement of Qualifications will be evaluated on the firm's capabilities and history, as well as its experience with CMaR delivery methods through the pre-construction phase, construction, and final completion/acceptance of the project.

a. Provide a brief narrative describing the history of the firm. Identify the Ownership, the number of employees in the firm, and the roles/positions and titles. Identify the main firm location and the locations of branch offices, including where all key staff are based. Discuss the firm’s current workload and its ability to staff this project.

b. Demonstrate the ability of the firm’s construction management team to successfully interact and work with the City’s project team already in place, and how well the approach or plan of the firm appears to integrate with the City’s specific needs on the project.

TAB 2. PROJECT EXPERIENCE (25 POINTS)

Related to this section of the submission, Statement of Qualifications will be evaluated on the:

• Level of experience in projects similar in scope and complexity to that described in the RFQ, with special emphasis on Fire Station facilities.

• Demonstrated understanding of the characteristics of facilities assessment, planning, design, and construction for similar projects.

• Demonstrated ability and qualifications to address construction issues relative to the size, type, and location of this project.

• Demonstrated ability to work with all stakeholders in a team approach.

• Demonstrated prior experiences, teamed with some or all of the proposed team members in the RFQ.

Provide the experience of the firm. List a minimum of three (3) and a maximum of six (6) relevant projects where the firm has had the responsibility and contract to serve as Construction Manager At-Risk. Indicate the project name, project size, year of completion, construction type, total cost of change orders, total construction cost, and project reference with a current phone number and email address. Projects included must have been completed within the past (5) five years.

TAB 3. PROJECT TEAM (25 POINTS)

Related to this section of the submission, Statement of Qualifications will be evaluated on the accomplishment, ability, and availability of the key project personnel to be assigned to the project.

Consideration will include staff and organizational capabilities to meet the scope, budget, quality, and schedule of this project.

a. List name, title, education, total years’ experience/number of years with the firm, and level of experience for each proposed staff member of the firm to be assigned to this project. Include key staff members who will be responsible for this project from pre-construction through the end of construction. Describe their responsibilities while working on the projects listed under TAB 2. Provide resumes for these staff members (resumes will not be included in the SOQ's maximum page allowance).

b. Provide an organizational chart of the project team and indicate the project roles of each staff member, and, in general terms related to the overall project team organization, the role of any Specialty consultant included.

c. Provide specific experience the project team members have with the construction of Fire

Stations.

d. Provide specific project examples where team members have worked together on completed projects of this type in the last ten years.

TAB 4. PROJECT APPROACH (15 POINTS)

Related to this section of the submission, Statement of Qualifications will be evaluated on the completeness and relevance of the Pre-Construction and Construction.

a. Provide a Pre-Construction Services Plan for your proposed Team as described under TAB

3.a. indicating planned staffing participation. Address volume of participation of key and support staff, as well as plan to coordinate with local stakeholders.

b. Provide a Construction Services Plan for your proposed Team. Discuss Team member participation and anticipated on-site representation. Discuss process and the implementation of the work described in the Scope of Work.

TAB 5. SCHEDULE, BUDGET, AND PROJECT INNOVATIONS (10 POINTS)

Related to this section of the submission, the Statement of Qualification will be evaluated on demonstrated ability to anticipate and address project budget and schedule constraints, including specialty skills or proposed innovations.

a. The anticipated Notice to Proceed for the selected Construction Manager At-Risk team is

08/19/2026. The City would like construction to begin in April 2027. Given the Scope of Pre- Construction Services described in section Scope of Services 3.a., please describe what steps your Team anticipates necessary to meet these milestones.

b. Describe how your team will assist with design/materials evaluations and other related services to help keep the project on budget.

c. This project is required to be delivered in the most current Revit, though this is not intended to prohibit the use of other software to support the project. Describe how your team could and has employed BIM or other software to help with the pre-construction process. Include any recommendations for this project.

d. Describe any unique or specialty skills your team will bring to this project.

TAB 6. QUALITY CONTROL (5 POINTS)

Related to this section of the submission, Statement of Qualifications will be evaluated on demonstrated ability on projects similar to this project to undertake and complete quality institutional projects on time and within budget.

a. Describe the firm’s quality control procedures.

b. Indicate means and methods for cost control that will be utilized for this project.

c. Include experience in constructing projects within an established budget and schedule.

Identify the number of RFI’s, change orders, initial and final project costs of a minimum of three

(3) of the projects described under TAB 2.

TAB 7. REFERENCES (5 POINTS)

Provide points of contact for the Projects listed in TAB 2, for the Client/Owner only. Contact information should include the name, title, phone number, and email address. The Proposer grants permission to the City of Seguin to contact all references identified. The decision to eliminate a Proposer from consideration for poor reference checks, or for incorrect and/or incomplete reference information, shall be at the sole discretion of the City of Seguin and shall not be subject to appeal.

TAB 8. FINANCIAL CONDITION (5 POINTS)

a. Describe if the firm has ever filed bankruptcy, been in loan default, or if there are any pending liens.

b. Please state whether or not your firm has been terminated for default in the last five (5) years.

If such a termination for default has been experienced by the firm, submit full details of the terms for default, including the other party’s name, address, and telephone number. Present the Proposer’s position in the manner. The City will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of past experience. Indicate if no such termination for default has been experienced by the Proposer in the past five (5) years.

(Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance.)

c. Provide a statement of the financial condition of the firm, and the firm’s ability to complete the services requested for this project without issues related to general financial condition, and the financial ability of the firm to support these services.

SELECTION

A. An evaluation committee shall evaluate the statement of qualifications based on the criteria listed below. The evaluation committee will create a “short list” of up to (4) firms to be interviewed. The firms invited to interview will be evaluated again using the same criteria, but the second scoring will be based on each respondent’s presentation and responses.

The rating will be determined by both the SOQs and interviews conducted by the evaluation committee. The City has absolute discretion to accept or reject the evaluation committee's recommendation.

B. A contract will then be awarded to the firm demonstrating the most competence and best qualifications, and with the best value. The selected firm will be recommended to the Seguin City Council for approval. Should the selected firm fail to enter into a contract with the City of Seguin, the City may terminate negotiations and begin negotiations with the next-highest-rated firm. The City reserves the right to change this selection procedure depending on its future schedule. The City also reserves the right not to make an award if it is deemed that no single firm fully meets the requirements of this RFQ and/or meets the needs of the City. See attached sample of Construction Manager At-Risk Contract for your review.

C. The City will be the sole judge as to the acceptability, for our purposes, of any and all Statements of Qualifications.

D. Any letter(s) of recommendation that are submitted with the Statement of Qualifications, but not specifically requested, will not be evaluated.

E. Statement of Qualifications will be evaluated according to the evaluation criteria stated below:

Weight Evaluation Criteria Possible Points

1. Firm Description (TAB 1) 10

2. Project Experiences (TAB 2) 25

3. Project Team (TAB 3) 25

4. Project Approach (TAB 4) 15

5. Schedule, Budget, Innovations (TAB 5) 10

6. Quality Control/References Financial 15 Condition (TAB 6-8)

Total Possible Points 100

SCHEDULE OF SELECTION

The evaluation and selection process is tentatively scheduled to occur as follows:

Requests for Qualifications Issued 07/01/2026 07/08/2026 Mandatory Pre-proposal Teams meeting 07/13/2026 at 2:00 PM Join: https://teams.microsoft.com/meet/252344787053238?p=j0fI7aWosr4YIG0CzC Meeting ID: 252 344 787 053 238 Passcode: iX2uA35E Questions regarding this RFQ due by 3:00 PM 07/16/2026 RFQ Responses Due 07/21/2026 at 3:00 PM Short-list firms notified 07/27/2026 Interviews with short-list firms 08/05/2026 Contract negotiation with selected firm start 08/06/2026 Council Considers Contract Award/Rejection 08/18/2026

Note: All times are subject to change at the City’s discretion.

a) LATE SUBMITTALS

Formal, advertised Request for Qualifications indicates a time by which the Statement of Qualifications must be received by the City. Any Statement of Qualifications received after that date and time will be rejected and not be considered.

b) WITHDRAWAL OF STATEMENT OF QUALIFICATIONS

Before the Proposal Deadline: Any Proposer may request the withdrawal of its posted and sealed Qualification Statement prior to the scheduled submission Deadline, provided the request is submitted and received in writing at 205 N. River, Seguin, TX 78155.

After Proposal Deadline: No submissions may be withdrawn for a period of (120) calendar days after the Proposal Deadline. All responsive and responsible submissions received are considered firm proposals for the aforementioned time period and may be considered for award by the City. The Proposer’s Statement of Qualifications will expire at the time specified above, or when the successful Proposer provides the insurance, submittals, and executed Contract to the City.

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GENERAL TERMS AND CONDITIONS

A. ACCEPTANCE PERIOD

The Proposer agrees to a min. of (120) calendar days acceptance period from the date of public opening.

B. FUNDING FOR PROJECT

The terms of any Contract issued are contingent upon the City providing sufficient funding and authorizations for the performance of the Contract. If the City does not provide sufficient funding and authorization, the Contract shall terminate, without penalty, upon the City's written notice to Proposer. The City’s decision as to whether sufficient funds are available shall be accepted by the Proposer and shall be final.

C. COMPLIANCE

Proposers are required to comply with all applicable OSHA, EPA, ADA, TAS, HIPAA, and GLBA provisions and any and all other relevant state and federal standards, codes, and regulations that may apply or are noted in other sections of the RFQ.

D. CONFLICT OF INTEREST

Firms submitting a Statement of Qualifications in response to this RFQ are certifying that it has had no contact with an employee or member of the Seguin Fire Department, nor City of Seguin staff, which would give the firm submitting such a Statement of Qualifications any advantage over any other firm submitting one. A violation of any of the above shall be just cause for rejection of that particular Statement of Qualifications without further consideration.

E. TAXES, LICENSES AND PERMITS

It is the Proposers’ responsibility to secure all required licenses, permits, and insurance necessary for the proper execution and completion of the work/services involved.

F. OTHER TERMS

i. The Proposer is solely responsible for the content of its Statement of Qualifications and ensuring that it best meets the evaluation criteria set forth in this RFQ.

Previously published data in support of experience, financial, or performance capability will be evaluated if such data reflects a current position, and such data is submitted as a part of the response to this RFQ.

ii. City of Seguin reserves the right to reject any or all Statement of Qualifications or any part(s) thereof and to waive informalities and minor irregularities in the Statement of Qualifications received.

iii. A formal, more extensive Contract will be negotiated and signed by and between the successful Proposer(s) and City of Seguin to perform this service. (See attached contract sample)

iv. City of Seguin reserves the right to enter into discussions with anyone, or all of the Proposers, after the Statement of Qualifications has been initially reviewed. Such discussions may be for clarification of Statement of Qualifications content contained in a response, and/or may result in a request for a “Best and Final” offer from Proposer(s). Such responses shall be subject to all provisions, terms, and conditions as set forth in the RFQ, unless otherwise modified.

GENERAL GUIDELINES & ADDITIONAL INFORMATION

A. No Gratuities. Respondents shall not offer any gratuities, favors, or anything of monetary value to any official or employee of the City of Seguin for the purpose of influencing this selection. Any attempt by the Respondent to influence the selection process by any means, other than disclosure of qualifications and credentials through the proper channels, shall be grounds for exclusion from the selection process.

B. All Information True. Respondent represents and warrants to the City of Seguin that all information provided in the response shall be true, correct, and complete. Respondents who provide false, misleading, or incomplete information, whether intentional or not, in any of the documents presented to the City of Seguin for consideration in the selection process shall be excluded.

C. Confidential Material. Any material that is to be considered confidential in nature must be clearly marked as such and will be treated as confidential by the City of Seguin to the extent allowed by law. Submission of information relative to this RFQ shall not be released by the City during t h e response evaluation process or prior to contract award.

Respondents are advised that the confidentiality of their submittals will be protected to the extent permitted by law. Respondents are advised to consider the implications of the Texas Open Records Act, particularly after the response process ends and the contract is awarded. Trade secrets and any material that is considered as confidential in nature must be clearly marked and identified as such by the Respondent at the time of response submittal and will be treated as confidential by the City of Seguin to the extent allowed by the Texas Local Government Code Chapter 252.049 and the Texas Open Records Act. The final decision as to what information must be disclosed, however, lies with the Texas State Attorney General. Failure to identify proprietary/confidential information will result in all unmarked sections being deemed non-proprietary upon public request.

D. Late Submittals. Submittals received after the submission deadline shall be returned unopened and will be considered void and unacceptable. The City of Seguin is not responsible for the lateness of the mail, postal carrier, courier, etc.

E. Addenda. Any interpretations, corrections, or changes to this RFQ will be made by addenda. Sole issuing authority shall be vested in the City. Addenda may be obtained from the City of Seguin website: http://www.bidnetdirect.com/texas/cityofseguin It is the Respondent’s responsibility to obtain all addenda issued from the City website. Failure to acknowledge receipt of addenda and submit with the vendor’s response may result in disqualification of the response.

F. Interviews. After the initial evaluation of the submittals, Respondents will be notified by email of their status in the selection process. Respondents who are “short-listed” should expect and anticipate subsequent interviews, which will most likely focus not only on the Respondent’s program approach but also on an appraisal of the people who would be directly involved in the Project.

G. Inquiries. Do not contact the City of Seguin or elected officials during the selection process to make inquiries about the progress of this selection process. Respondents will be contacted when appropriate.

H. Cost of Responses. The City of Seguin will not be responsible for the costs incurred by anyone in submitting responses and participating in interviews.

I. Contract Negotiations. This RFQ is not to be construed as a contract or as a commitment of any kind. If this RFQ results in a contract offer by the City, the specific https://c212.net/c/link/?t=0&l=en&o=4075906-1&h=3954152325&u=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin&a=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin scope of work, associated fees, and other contractual matters will be determined during contract negotiations. To ensure that the appropriate staff is assigned to the Project, the City intends to include a “key persons” clause as part of the contract negotiations.

Fair and equal treatment will be shown to all Respondents with respect to any opportunity for discussion and revision of responses. Such revision may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.

J. No Obligation. The City reserves the sole right to (1) evaluate the responses submitted;

(2) waive any irregularities therein; (3) select candidates for the submittal of more detailed or alternate responses; (4) accept any submittal or portion of submittal; (5) reject any or all Respondents submitting responses, should it be deemed in the City’s best interest; or

(6) cancel the entire process.

K. Equal Opportunity Employer. The selected provider agrees that, during the term of the contract, they shall not engage in any employment practices which have the effect of discriminating against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, age, or handicap; further, the successful Respondent will take affirmative steps that applicants are treated and employees are treated during employment without regard to their race, color, religion, national origin, sex, age or handicap.

L. Required Forms and State Contract Requirement. As required by Chapter 176 of the Texas Local Government Code, Respondents shall complete Form CIQ, Conflict of Interest Questionnaire (attached to this RFQ as Attachment 2) and include it at the end of each copy of their response. State law requires a vendor wishing to conduct business with or be considered for business with a city to file this form, created by the Texas Ethics Commission. In addition, the RFQ Response Form contained in this RFQ (Attachment

1) should also be completed and included in this Section.

Please sign and return the compliance agreement (Attachment 3), which addresses the State of Texas House and Senate bills discussed below.

HB 1295: Beginning January 1, 2016, state law requires awarded vendors contracting with the City to complete and submit the Certificate of Interested Parties (Form 1295). This form is located on the Texas Ethics Commission website and should be completed and submitted upon notification of pending award at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. .

HB 89: Beginning September 1, 2017, state law prohibits governmental entities from contracting with companies that boycott Israel. The Texas State Comptroller maintains a list of companies that boycott Israel. Inclusion on this list will prevent the CITY OF Seguin from entering into a contract with the contractor. Below is a link to the list.

https://comptroller.texas.gov/purchasing/publications/divestment.php SB 252: Beginning September 1, 2017, a governmental entity may not enter into a governmental contract with a company that does business with Iran, Sudan, or any known terrorist organization. The Texas State Comptroller maintains a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization. Inclusion on this list will prevent the CITY OF SEGUIN from entering into a contract with the contractor. Below is a link to the list.

https://comptroller.texas.gov/purchasing/publications/divestment.php https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

M. Certificate of Insurance. Prior to the award of the contract, the selected Respondent must furnish and place on file in the Purchasing Office an insurance certificate in compliance with the current City standards.

Worker's Compensation As set forth in the Worker's Compensation Act.

Commercial General $5,000,000 Each Accident/Occurrence.

Liability (Public) $5,000,000 Aggregate, $3,000,000 Products & Completed Operations Aggregate.

City’s Protective $3,000,000 aggregate, Liability Insurance $1,000,000 per occurrence, Excess/Umbrella $5,000,000 per occurrence Insurance with drop down coverage Endorsement CG 2503 Amendment Aggregate Limit of Insurance per Project or

City's and Contractor's Protective Liability Insurance for the Project.

Builder’s Risk Insurance $5,000,000 Aggregate, $3,000,000 per occurrence

Automobile Liability $1,000,000 Combined single limit per occurrence.

ATTACHMENT 1 - RFQ RESPONSE FORM

This Statement of Qualifications constitutes an offer by this Applicant which signifies the Applicant’s intent to enter into negotiations of a Contract for Construction Manager At-Risk Services for the City of Seguin, Fire Station #4 project. Applicant attests that it has read and understands the RFQ requirements; will abide by the terms and statutory requirements governing the solicitation process; and does not object to any of the terms and conditions listed in the RFQ.

A representative authorized to bind Applicant must prepare and sign a notarized Certification of Applicant containing all statements and information required below.

The Certification of Applicant is submitted by ________________________________, the

Applicant, in support of its Proposal dated _______________________, 2026.

Applicant was incorporated in the State of ___________ on the date of__________________.

i. APPLICANT INFORMATION Name of Submitter:___________________________________________ Address:______________________________City:________________ State: __________________________ Zip:_________________ Office No.:________________ Email Address:___________________________ Year Established:_________ Number of Employees:___________

ii. ADDENDA All addenda shall be in written form, posted to http://www.bidnetdirect.com/texas/cityofseguin.

The City is not bound by any oral representations, clarifications, or changes made in connection to the RFQ by the City’s employees, agents, or consultants unless in the form of a properly issued Addendum. The Proposer shall ascertain, prior to the submission of a proposal, that it has received each Addendum issued by the City.

Recognizing this responsibility, the Applicant hereby acknowledges receipt of the following Addenda:

Addendum ________ Initial __________ Addendum ___________ Initial _________ Addendum ________ Initial __________ Addendum ___________ Initial _________ Addendum_________ Initial __________ Addendum ___________ Initial _________ The failure of the Applicant to contact the City to determine the issuance of any Addenda, or to acknowledge receipt of any and all of the Addenda issued in connection with this project, shall entitle the City, at its sole discretion, to (i) reject the proposal of the Applicant as being non-responsive, or (ii) to accept the proposal of the Applicant, in which event the Applicant agrees to be bound by all of the terms and conditions of each unacknowledged Addendum.

https://c212.net/c/link/?t=0&l=en&o=4075906-1&h=3954152325&u=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin&a=http%3A%2F%2Fwww.bidnetdirect.com%2Ftexas%2Fcityofseguin

ATTACHMENT 2 - CONFLICT OF INTEREST QUESTIONNAIRE

Effective January 1, 2006, Chapter 176 of the Texas Local Government Code went into effect, which requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the City Secretary of the City of Seguin not less than the 7th business day after the person becomes aware of facts that require the statement to be filed. To comply with this law, the City of Seguin requires that this Questionnaire be completed and returned with your proposal.

See Section 176.006, Local Government Code, which reads “A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor.”

Questionnaire on the next page.

ATTACHMENT 3 - COMPLIANCE AGREEMENT

COMPLIANCE WITH FEDERAL AND STATE LAWS

CERTIFICATION OF ELIGIBILITY

By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission, he/she is not on the Federal Government’s list of suspended, ineligible, or debarred contractors.

In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the City of Seguin Purchasing Agent. Failure to do so may result in the termination of this contract for default.

DISCLOSURE OF INTERESTED PARTIES

By submitting a bid or proposal in response to this solicitation, the bidder/proposer agrees to comply with H.B. 1295, Government Code 2252.908. Bidder/proposer agrees to provide the City of Seguin Purchasing Agent, and/or requesting department, the “Certificate of Interested Parties,” FORM 1295 as required, within ten (10) business days from notification of award, renewal, amended or extended contract.

Visit https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information.

HB 89 & SB 252

By submitting a bid or proposal in response to this solicitation, the bidder/proposer verifies that the company represented does not and will not for the term of the contract boycott Israel or conduct business with Iran, Sudan, or any known terrorist organization. The State of Texas Comptroller’s “Divestment Statute Lists” will be reviewed by the City of Seguin Purchasing Agent prior to award.

Authorized Signature

Printed Name

Company Name https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

SAMPLE CONTRACT

CITY OF SEGUIN, TEXAS

CONSTRUCTION MANAGER-AT-RISK CONTRACT

THIS CONTRACT is made as of the [ ] day of [enter month] 2026, (the “Effective Date”), and is by and between:

The City: The City of Seguin, Texas 211 N. River Street, Seguin, TX 78155 and the CMaR:

[enter name of contractor]

For the following project: City of Seguin Fire Station No. 4

The Project Architect is: Martinez Architects 900 Rockmead Suite 250 Houston, TX 77339

ARTICLE 1 SCOPE OF WORK

The Construction Manager at Risk (CMaR) has overall responsibility for, and shall provide, complete Pre-Construction Phase and Construction Phase Services and furnish all materials, equipment, tools, and labor as necessary or reasonably inferable to complete the Work, or any phase of the Work, in accordance with the City’s requirements and the terms of the Contract Documents. Any Work that may be required, implied, or inferred by the Contract Documents, or any one or more of them, as necessary to produce the intended result shall be provided by the CMaR without increase to the GMP.

ARTICLE 2 CONTRACT DOCUMENTS

2.1 The Contract Documents consist of:

a. This Contract and all exhibits and attachments listed, contained or referenced in this Contract;

b. The General Conditions Addendum;

c. All Addenda issued prior to the

Effective Date of this Contract;

d. The Guaranteed Maximum Price

Proposal when accepted by the City and executed by the parties;

e. All Change Orders issued after the Effective Date of this Contract;

f. The Drawings, Plans and Specifications, details, Critical Path Method Schedule, and other documents developed by the Project Architect, the City and/or the CMaR to describe the Project and the Work;

and

g. The Drawings, Plans and Specifications developed or prepared by City’s other consultants, if any, and accepted by the City.

2.2 The Contract Documents form the entire

and integrated Contract between City and CMaR and supersede all prior negotiations, representations, or agreements, written or oral.

2.3 The term “CMaR” shall be

interchangeable with the terms “Contractor” and “General Contractor” or other similar terms as appropriate in the Contract Documents.

ARTICLE 3 DEFINITIONS

The terms, words and phrases used in the Contract Documents shall have the meanings given as follows.

3.1 “Construction Cost Limitation” (CCL) means the maximum monetary amount payable to the CMaR for all Construction Phase services, materials, labor and other work required for completion of the Work in accordance with the Contract Documents. The CCL includes, without limitation, the General Conditions Costs, the Cost of the Work, the Construction Phase Fee and any CMaR’s contingency. The CCL may be adjusted by the parties for changes in the scope of the Project before or after acceptance of the Guaranteed Maximum Price Proposal. The CCL does not include the CMaR’s Pre- Construction Phase Fee, or any City contingencies or special cash allowance.

3.2 “Construction Phase Services” means the coordination, implementation and execution of the Work following the Pre-Construction Phase and encompasses the provision of labor, materials and equipment in accordance with the Drawings, Plans and Specifications to construct and complete the Project as required by the Contract Documents.

3.3 “Contract Sum” means the total amount of all compensation payable to the CMaR for the Project and shall not exceed the sum total amount of the Pre-Construction Phase Fee plus the Guaranteed Maximum Price Proposal accepted by the parties, subject to adjustment for Additional Services or Change Orders. Any costs that exceed the Contract Sum shall be borne solely by CMaR without reimbursement by City.

3.4 “Estimated Construction Cost” (ECC) means the amount calculated by the CMaR for the total cost of all elements of the Project including, without limitation, all alternates, allowances, and contingencies, designed and

City of Seguin – Contract for CMaR – Fire Station #4 specified by the Project Architect or reasonably inferable as a usual and customary component of the Project or otherwise necessary for complete installation and operation of the Project. The Estimated Construction Cost shall include, at current market rates with a reasonable allowance for overhead, profit and price escalation, the cost of labor and materials furnished by the CMaR and any equipment which has been shown in the plans, specified, and specially provided for by the Project Architect. The ECC shall include and consider the cost of labor and materials necessary for installation of City furnished equipment. The ECC does not include CMaR’s Pre-Construction Phase Fee, the City’s Construction Contingency, the City’s Special Cash Allowance, Project Architect Fees, cost of the land, rights-of-way, or any other costs that are the direct responsibility of the City.

3.5 “Notice to Proceed” (NTP) means A written notice issued by the Owner (or Architect on behalf of the Owner) to the Contractor establishing the date on which the Contract Time will commence and authorizing the Contractor to begin performance of the Work. The Notice to Proceed may be issued after execution of the Agreement and satisfaction of any conditions precedent, including submission of required bonds, insurance, and other documentation.

3.6 “Final Completion” means the full and final completion of the Work, including the resolution and completion of all punch-list items after Substantial Completion.

3.7 “Guaranteed Maximum Price” (GMP) means the amount proposed by the CMaR and accepted by the City as the maximum cost to the City for construction of the Work in accordance with the Contract Documents.

The GMP includes CMaR’s Construction Phase Fee, all Costs of the Work to final completion, and any contingencies and/or allowances.

3.8 “Plans and Specifications” and/or “Drawings, Plans and Specifications” mean the construction and contract administration requirements and standards detailed in the

General Conditions Addendum and the shop drawings, drawings, plans, specifications, and construction details for the Work as presented by the Project Architect and as developed during the Pre-Construction Phase by the Project Architect, CMaR and City.

3.9 “Pre-Construction Phase Services” means the participation, documentation, and execution of the CMaR’s Pre-Construction Phase deliverables as required by the Contract Documents.

3.10 “Preliminary Project Cost” (PPC) means the total estimated cost of the entire Project, including design, construction, and other associated costs and services that are established by the City prior to the commencement of design.

3.11 “Project Architect” means the professional architect or engineer employed by the City as architect or engineer of record for the Project, and its consultants.

3.12 “Project Team” means the City, City’s Designated Representative, CMaR, Project Architect, any separate contractors employed by City, and other consultants employed for the purpose of programming, design, and construction of the Project. The members of the Project Team will be designated by City and may be modified from time to time by City.

3.13 “Subcontractor” means a person or entity who has an agreement with the CMaR, or who has a direct agreement with the City as selected or recommended by the CMaR, to perform any portion of the Work. The term subcontractor does not include the Project Architect.

3.14 “Total Project Cost” (TPC) means the total budget established for the Project by the City at the end of the design development phase (subject to subsequent modification by City). The TPC includes, but is not limited to, CMaR’s Pre-Construction Fee, Guaranteed Maximum Price Proposal(s), Project Architect and other professional service fees, and other miscellaneous Project costs.

3.15 “Work” means the provision of all services, labor, materials, supplies, and equipment that are required of the CMaR to complete the Project and achieve Final Completion in strict accordance with the requirements of the Contract and the Contact Documents.