SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE CONSTRUCTION OF

City of Burleson Project No. 197409

INTERSECTION IMPROVEMENTS FOR SW ALSBURY BLVD. &

NW JOHN JONES DRIVE

PROJECT #: 197409

FOR THE

CITY OF BURLESON, TEXAS

CAPITAL ENGINEERING DEPARTMENT

MARCH 2026

TABLE OF CONTENTS

PAGE NUMBER

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A-1

B-1

C-1

SECTION TITLE

Request for Competitive Sealed Proposals

Scope of Work

Appendix B – Proposal (Instructions for Proposers)

Standard Terms & Conditions

Prevailing Wage Rates for Municipal Construction in

Burleson, Texas

Out of State Contractor Compliance to State Law

Affidavit Against Prohibited Acts

Conflict of Interest (example Form 1295)

House Bill 89 Verification Form

Offeror Acknowledgment

Proposal Form (Pricing Sheet)

Subcontractor List

Contract

Performance Bond

Payment Bond

Maintenance Bond

Consent of Surety Company to Full Release of

Retainage

Contractor’s Affidavit of Final Payment

TxDOT Technical Specifications

Special Provisions- Paving and Drainage

Specifications

Special Provisions – Water and Sanitary Sewer

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REQUEST FOR COMPETITIVE SEALED

PROPOSALS

Proposal Reference Number: RFCSP 2026-019

Project Title: Intersection Improvements for SW Alsbury Blvd. & NW

John Jones Drive

Date Time Event

April 4, 2026 & April

11, 2026

Advertise

April 15, 2026 Pre Bid

April 17, 2026 1st Addendum

April 22, 2026 Final Questions

April 24, 2026 Final Addendum

April 30, 2026 Bid Opening

Important Information The City of Burleson will receive sealed proposals for the services specified until the deadline indicated above.

Proposals will only be received electronically through the City’s e-procurement system, Bonfire, at https://burlesontx.bonfirehub.com (registration required). Extensions will not be granted. Late submittals will not be accepted.

Questions and requests for additional information should be made in writing and no later than the questions deadline above and shall be directed to the Purchasing Agent via https://burlesontx.bonfirehub.com.

Any interpretations, corrections, clarifications, or changes to this Request for Competitive Sealed Proposals or specifications will be issued via addendum. Addenda will be posted at https://burlesontx.bonfirehub.com. It is the responsibility of the respondent to monitor the Bonfire website for addenda. Bidders shall acknowledge receipt of each addendum by submitting a signed copy with their proposal. Oral explanations will not be binding.

The City of Burleson reserves the right to reject any proposal and to waive defects in proposals. No officer or employee of the City of Burleson shall have a financial interest, direct or indirect, in this or any contract with the City of Burleson. Minority and small business vendors are encouraged to submit bids/proposals on applicable City solicitations.

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https://burlesontx.bonfirehub.com/ https://burlesontx.bonfirehub.com/ https://burlesontx.bonfirehub.com/

City of Burleson RFCSP 2026-019

Intersection Improvements for SW Alsbury Blvd. & NW John Jones Drive

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• PRE-PROPOSAL CONFERENCE

A non-mandatory Pre-Proposal Conference and will take place on April 15, 2026, at 10:00

AM CST. Please be sure to sign in prior to the start of the conference. To join this meeting, click the link below or copy and paste into your browser, and follow the instructions from

Microsoft Teams using the information provided. A link will also be posted to Bonfire.

Microsoft Teams https://teams.microsoft.com/meet/25104670067892?p=Pz1XhdnOmWgc6HFFMQ

Meeting ID: 251 046 700 678 92

Passcode: Ue7TN7tp

• BONFIRE SUBMISSION:

We are requesting Offerors submit via Bonfire. If there are any questions or concerns on how to do so, please contact Bonfire Vendor Support: For support using the platform, access the online knowledge base, search the FAQ, or contact the Bonfire support team at support@gobonfire.com or 1-800-354-8010.

Please be sure to select the NIGP codes associated with your type of business or organization.

Our solicitations will be set up using those codes and will be matched to vendors with the same codes. If you are already registered with Bonfire, you may use your existing name and password to register with the City of Burleson.

Original Bid Bond(s) MUST be scanned and included in the electronic submission. In order to establish Full Responsiveness regarding the bid bond(s), The City of Burleson MUST be in receipt of the physical original bid bond(s) prior to city council approval of the recommended vendor. As there may be delays and/or oversights outside the control of the Offeror and

Purchasing Division, the City of Burleson is requesting that you submit the bid bond no later than 24 hours after the bid due date and time via email to the contact person listed on the solicitation cover sheet. The original bid bond(s) should be sent/delivered to the address as follows:

RFCSP 2026-019 Bid Bond Submission

141 W. Renfro

Burleson, Texas 76028

Attn: Jennifer Swim

• VIRTUAL BID OPENING:

The City of Burleson will be hosting virtual bid opening on April 30, 2026 at 3:00 PM CST via Microsoft Teams. Please be sure to sign in prior to the start of the bid opening. To join this meeting, click the link below or copy and paste into your browser, and follow the instructions from Microsoft Teams using the information provided. A link will also be posted to Bonfire.

Microsoft Teams https://teams.microsoft.com/meet/23290754649962?p=Vui7MgcRypzvbfDfQq

Meeting ID: 232 907 546 499 62

Passcode: Rp3g3Dh6 https://url.us.m.mimecastprotect.com/s/lwmgCBB2qoc74D0OFzfAS2H2aB?domain=teams.microsoft.com https://teams.microsoft.com/meet/23290754649962?p=Vui7MgcRypzvbfDfQq

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TABLE OF CONTENTS

Request for Competitive Sealed Proposals

1. Introduction ………………………………………………….. 1

2. Definitions …………………………………………………

3. General Information …………………………………………. 1-3

4. RFCSP Withdrawals and/or Amendments …...……………… 3

5. Proposal Submittal Requirements …………………………… 3

6. Proposal Evaluation and Contract Award …………………… 3-4

Appendix A – Scope of Services

1. Scope of Services Descriptions ……………………………… A-1

Appendix B – Proposal

1. Cover page for online submittals ………………………….… B-1

2. Required Documents Submittal Checklist…….……………... B-2

3. Required Proposal Information ……………………………... B-3-5

Appendix C – Standard Terms & Conditions

1. Terms & Conditions ………………………………………….C-1-2

Introduction

Project Overview: The City of Burleson (“City”) is requesting Competitive Sealed Proposals

(RFCSP) for the construction of Intersection Improvements for SW Alsbury Blvd. & NW John Jones

Drive.

The project consists of constructing new right-turn lanes along SW Alsbury Boulevard and

NW John Jones Drive, including subgrade stabilization and concrete pavement. Associated work includes pavement striping improvements and the installation of new traffic signals and conduit infrastructure. The project also involves necessary water and sanitary sewer utility modifications, including adjustments to services and manholes, as well as storm drainage improvements such as the reconstruction of curb inlets. All work shall be bid, constructed, and completed in full compliance with the Contract Documents and applicable Specifications.

All work shall be completed in accordance with the construction documents, specifications, and schedule outlined in this RFCSP.

1. Definitions

Proposal: The signed and executed submittal of the entirety of Appendix B – Proposal.

Proposer: The Proposer and the Proposer’s designated contact signing the first page of the Proposal.

City of Burleson (“City”): The City of Burleson, Texas.

Project: The name of this Request for Competitive Sealed Proposals as identified on the cover sheet and first page of Appendix A – Scope of Services.

Purchasing Agent: The City of Burleson Purchasing Manager is Andrea Anderson.

Phone: (817) 426-9847 E-Mail: purchasing@burlesontx.com

Request for Competitive Sealed Proposals (RFCSP): The entirety of this document, including all

Appendices and Addenda.

2. General Information

A. Tax Exempt Status: City purchases are exempt from State Sales Tax and Federal Excise Tax. Do not include tax in the Proposal. City will furnish Excise Tax Exemption Certificate upon request.

B. Pricing: proposal price(s) quoted, must be held firm for ninety (90) days to allow for evaluation unless otherwise stated in this document.

C. Public Inspection of Proposals: The City strictly adheres to the Texas Public Information Act (Texas

Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFCSP information. Proposals are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the

City in response to a request, regardless of the City’s failure to take any such reasonable steps, even if the City is negligent in failing to do so.

D. Notification of Errors or Omissions: Proposers shall promptly notify the City of any omissions, ambiguity, inconsistency or error that they may discover upon examination of this RFCSP. The City shall not be responsible or liable for any errors and/or misrepresentation that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent or obviously erroneous.

E. Proposed Subcontractor Form: Vendors are required to submit a list of proposed subcontractors anticipated to complete work on the project, along with their respective scopes of work. This list is not final, and substitutions, additions, or modifications may be allowed with written approval from the

Owner. Final subcontractor approval will be subject to coordination and agreement with the Owner.

F. Affidavit of Prohibited Acts: Proposers must submit an Affidavit of Prohibited Acts, affirming that they have not engaged in any prohibited activities, including collusion, fraud, conflicts of interest, or bribery, as outlined under the Texas Penal Code. By signing the affidavit, the proposer hereby affirms awareness of Texas Penal Code Sections 36.02, 36.08, 36.09, and 36.10 (a copy of which follows), which deal with bribery and gifts to public servants. The proposer further affirms that they will adhere to these provisions and require all agents, employees, and subcontractors to do the same.

G. Conflict of Interest Questionnaire: Pursuant to Texas Local Government Code Chapter 176, the

Vendor certifies that it has filed or will file a Conflict of Interest Questionnaire (Form CIQ) if it has a business or employment relationship with a City officer resulting in taxable income over $2,500, or if gifts exceeding $250 have been exchanged within the past twelve months. The Vendor acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate or if the required form is not submitted within seven days of contract discussions or proposal submissions.

H. Non-Resident Bidders/Proposers: In accordance with Texas Government Code, Chapter 2252, the City and other governmental entities are prohibited from awarding contracts to non-resident bidders unless the bid amount is lower than the lowest bid submitted by a Texas resident. The required underbidding margin must be equal to the amount a Texas resident would need to underbid in the non-resident bidder’s state to match their bid.

I. Prevailing Wage Rates: The Contractor and each Subcontractor who performs work under the

Contract must pay, at a minimum, the applicable prevailing wage rates to a worker employed by it in the performance of the Work. The prevailing wage rates applicable to the Project, which shall be in effect for the duration of the Contract, are set forth in the Notice of Prevailing Wage

Rates.

J. 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/filinginfo/1295/.

K. Protests: All protests concerning the bid/proposal solicitation process must be submitted in writing to the Administrative Services Division within five working days after the proposal opening. This includes protests about advertising notices, deadlines, proposal openings, related procedures under local government code, and any alleged issues or ambiguities in the specifications.

L. Anti-Boycotting Provisions/Offeror Acknowledgment: This acknowledgement form confirms that the Vendor is aware of House Bill (HB) 252, House Bill (HB) 29, Senate Bill (SB) 13, and

Senate Bill (SB) 19. The Vendor acknowledges that this Agreement may be terminated, and payment withheld if any part of the certification or acknowledgment is found to be inaccurate.

3. RFCSP Withdrawals and/or Amendments

A. RFCSP Withdrawal: The City reserves the right to withdraw this RFCSP for any reason.

B. RFCSP Amendments: The City reserves the right to amend any aspect of this RFCSP by formal written addendum prior to the Proposal submittal deadline and will endeavor to notify all potential

Proposers that have registered with the City, but failure to notify shall impose no obligation or liability on the City.

4. Proposal Submittal Requirements

A. Submittal Packet – Required Content: All proposals must be submitted electronically. The Proposer must visit https://burlesontx.bonfirehub.com/login and register. Once registered for this complimentary service, the Proposer may submit proposal documents electronically by selecting the appropriate proposal identification.

B. Submittal Deadline: It is the Proposer’s responsibility to have the Proposal Documents correctly electronically submitted by the submittal deadline. No extensions will be granted and no late submissions will be accepted.

C. Proposals Received Late: Proposers are encouraged to submit their proposals as soon as possible. The time and date of receipt as recorded within the Bonfire electronic system shall be the official time of receipt. The City is not responsible for late submission regardless of the reason. Late Proposals will not be considered under any circumstances.

D. Alterations or Withdrawals of Proposal Document: Any submitted Proposal may be withdrawn or a revised proposal substituted prior to the submittal deadline. Proposal documents cannot be altered, amended or withdrawn by the Proposer after the submittal deadline, unless such alteration, amendment or withdrawal notice is approved in writing by the Purchasing Agent.

5. Proposal Evaluation, Contract Award, & Site Visit

A. Proposal Evaluation and Contract Award Process:

The City will evaluate all proposals to determine which proposers are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. The City reserves the right to determine which proposal will be most advantageous to the City.

Each proposal (“Proposal”) submitted by an Offeror (“Offeror”) must contain all specified documents outlined in the Required Documents – Submittal Checklist by the submission due date and time in accordance with the Evaluation Criteria. Proposal components must be provided as separate documents in the file format requested. Failure to complete and submit and/or complete required documents prior to the solicitation due date and time may result in Offeror’s Proposal being deemed non-responsive and not being evaluated.

https://burlesontx.bonfirehub.com/login

The evaluation, ranking, and negotiations for selection of the prime contractor for this project is anticipated to be completed and submitted to the Burleson City Council for action.

If the City is unable to negotiate a satisfactory contract with the top-ranked firm within 45 calendar days, the City will formally end negotiations with that firm in writing and may proceed to the next

Offeror in the order of the selection ranking, until a contract is reached or all negotiations end. The

City, in its complete discretion, may elect to extend the time for negotiations with any firm for an additional period of time.

The City will select the Offeror that offers the “best value” to the City based on the evaluation of the following criteria:

B. Evaluation Criteria

A full description of each criterion is included in Appendix B.

Selection Criteria Weighted Value

Proposal Price 50 points

Firm Profile & Financial Capability 10 points

Prime Contractor’s Comparable Experience & References 20 points

Key Personnel with Similar Project Experience 15 points

Compliance with RFCSP 5 points

Subtotal Score 100 points

C. Contract Award

An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government

Code and with the City’s purchasing policy. The City’s Standard Terms & Conditions have been provided with this RFCSP in addition to a sample contract. The Proposer must submit any objections to the contract along with responses. A fully executed contract shall be comprised of the following documents:

i. This Request for Proposal, including all attachments

ii. The successful Proposer’s proposal

iii. Formal contract and executed bonds

Offerors should be aware that sealed proposals and information regarding sealed proposals cannot and will not be disclosed to the public prior to contract award.

D. Bonds

In addition to a 5% Bid Bond (based on bid and alternates), Maintenance, Performance, and

Payment Bonds (100%) will be required in accordance with Government Code 2253 and Local

Government Code 252. The successful contractor shall submit bonds if awarded. Bonds must be from an approved surety company holding a permit from the State of Texas to act as surety, or other sureties acceptable to the Owner, on the forms provided in the specifications.

E. Site Visit

While a formal site visit is not scheduled for this project, visiting the site located at the intersection of

SW Alsbury Blvd & NW John Jones Drive, Burleson, TX 76028 is highly encouraged. Failure of the

Offeror to visit the Project Site and be acquainted with the conditions of the Work and the Contract

Documents shall in no way relieve the Offeror from any obligations with respect to its Proposal.

F. Completeness: If the Proposal is incomplete or otherwise fails to conform to the requirements of the

RFCSP, the City alone will determine whether the variance is so significant as to render the Proposal non-responsive, or whether the variance may be cured by the Proposer or waived by the City, such that the Proposal may be considered for award.

G. Ambiguity: Any ambiguity in the Proposal as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. In the event of a conflict between these standard RFCSP requirements and details provided in Appendix A – Scope of Services or Appendix B – Proposal, the Appendices shall prevail.

H. Additional Information: The City may request any other information necessary to determine Proposer’s ability to meet the minimum standards required by this RFCSP.

I. Alternate Products:

The bid sheet and project plans specify certain brand names and model numbers. However, the

City will consider bids that include alternate products of substantially similar quality and functionality. If alternate products are included in the bid, the proposal must include supporting product information and specifications for evaluation.

J. Partial Contract Award: The City reserves the right to award one contract for some or all the requirements proposed or award multiple contracts for various portions of the requirements to different

Proposers based on the unit prices proposed in response to this request, or to reject any and all

Proposals and re-solicit for Proposals, as deemed to be in the best interest of the City.

K. Cooperative Governmental Purchasing Notice: Other governmental entities maintaining interlocal agreements with the City, may desire, but are not obligated, to purchase goods and services defined in this RFCSP from the successful Proposer. All purchases by governmental entities, other than the City, will be billed directly to and paid by that governmental entity. The City will not be responsible for another governmental entity’s debts. Each governmental entity will place their own orders with the successful Proposer and be responsible for ensuring full compliance with the RFCSP specifications.

Prior to other governmental entities placing orders, the City will notify the successful Proposer of their intent.

L. Billing for Services; Payment: Successful Proposers are encouraged to will be contacted by the

Purchasing Division to set up their vendor profile and are encouraged to provide ACH routing information. Subsequent invoices should be directed to finance@burlesontx.com.

M. Terminate for Cause: The occurrence of any one or more of the following events will justify termination of the contract by the City of Burleson for cause:

mailto:parksinvoices@burlesontx.com

1. The successful Proposer fails to perform in accordance with the provisions of these specifications; or

2. The successful Proposer violates any of the provisions of these specifications; or

3. The successful Proposer disregards laws or regulations of any public body having jurisdiction; or

4. The successful Proposer transfers, assigns, or conveys any or all of its obligations or duties under the contract to another party(ies) without written consent of the City.

5. If one or more of the events identified in subparagraphs L.1 through L.4 occurs, the City may terminate the contract by giving the successful Proposer seven (7) days written notice.

In such case, the successful Proposer shall only be entitled to receive payment for goods and services provided before the effective date of termination. The successful Proposer shall not receive any payment on account of loss of anticipated profits or revenue or other economic loss resulting from such termination.

6. When the contract has been so terminated by the City, such termination shall not affect any rights or remedies of the City then existing or which may thereafter accrue.

N. Terminate for Convenience: This contract may be cancelled or terminated at any time by giving vendor thirty (30) days written notice. Proposer may be entitled to payment for services actually performed; to the extent said services are satisfactory.

A - 1

Appendix A – Scope of Services

The project consists of constructing new right-turn lanes along SW Alsbury Boulevard and NW John Jones Drive, including subgrade stabilization and concrete pavement.

Associated work includes pavement striping improvements and the installation of new traffic signals and conduit infrastructure. The project also involves necessary water and sanitary sewer utility modifications, including adjustments to services and manholes, as well as storm drainage improvements such as the reconstruction of curb inlets. All work shall be bid, constructed, and completed in full compliance with the Contract Documents and applicable Specifications.

All work shall be completed in accordance with the construction documents, specifications, and schedule outlined in RFCSP.

B - 1

Appendix B – Proposal Form

All proposals submitted to the City of Burleson shall include this page with the submitted Proposal.

RFCSP Number: RFCSP 2026-019

Project Title:

Submittal Deadline:

Submit Electronically* to:

https://burlesontx.bonfirehub.com/login

* Requires email account login and password.

Proposer Information:

Proposer’s Legal Name:

Address:

City, State & Zip

Federal Employers

Identification Number #

Phone Number:

Fax Number:

E-Mail Address:

Proposer Authorization

I, the undersigned, have the authority to execute this Proposal in its entirety as submitted and enter into a contract on behalf of the Proposer.

Printed Name and Position of Authorized Representative: ________________________________________

Signature of Authorized Representative: ____________________________________________

Signed this __________(day) of _________________________(month),________(year)

Intersection Improvements at SW Alsbury Blvd & NW John Jones Drive

April 30, 2026 at 2:00PM CST

B - 2

REQUIRED DOCUMENTS – SUBMITTAL CHECKLIST

Group Document Title/File

Name

Included? Y/N

Responsiveness Document Appendix B - Proposal Form

Responsiveness Document Proposal as Outlined in

Appendix B

Responsiveness Document Signed Addenda

Responsiveness Document Pricing (Bid Tab, Pricing

Sheet, etc.)

Responsiveness Document Affidavit Against Prohibited

Acts

Responsiveness Document Conflict of Interest

Questionnaire

Responsiveness Document Offeror Acknowledgment

Responsiveness Document Prevailing Wage Rates

Affidavit

Responsiveness Document Offeror’s Bond

Responsiveness Document Surety Letter (Proof of bonding capacity)

Responsiveness Document Vendor Compliance to State

Law Non-Resident Offeror

Responsiveness Document Proposed Subcontractor Form

Responsiveness Document Certificate of Insurance

Responsiveness Document W9

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Appendix B – Proposal (continued)

1. REQUIRED PROPOSAL INFORMATION. IN ORDER FOR A PROPOSAL TO BE

CONSIDERED COMPLETE, AND TO BE EVALUATED FOR A CONTRACT AWARD BY THE

CITY, PROPOSER MUST SUBMIT ALL OF THE FOLLOWING INFORMATION:

A. Proposal Price 50 point maximum

Offerors must submit the Pricing Sheet. Lowest price receives 50 points while others receive a percentage of points passed on a percentage comparison with the lowest base proposal price. The formula for the construction cost is as follows:

Score = 50 - {(Bid-Low Bid)/Low Bid*100}

Minimum Score = Zero (0)

For every one percent (1%) variance from the apparent low bidder, there will be a deduction of 1.00 point.

B. Firm Profile & Financial Capability 10 point maximum

Points will be awarded based on the Offeror's relevant experience for this specific project, their reputation for successfully completing similar projects in the past, and their overall reputation and experience as an offeror.

The City will contact the references provided by the Offeror. Please provide no less than three (3) references from municipalities with similar projects delivered in the last five (5) years. Provide name, phone number, email, and address of the contact.

The Offeror must provide evidence of financial capability and stability. Offerors financial capability must be appropriate to the size and scope of this Project. Offeror must submit a letter from Offeror’s Surety stating Offeror’s ability to acquire bonding in the full amount of the project and the maximum limits to be applied if applicable.

Location of headquarters and additional offices. Note any office(s) that will be providing project support and/or staff for this project.

Provide any instances of project related formal mediation, arbitration, or litigation your company has been involved with during the last seven (7) years including the type of dispute, parties involved, issue, and cost.

Provide the maximum amount of insurance coverage your company carries for professional liability, general liability, builders risk, workman’s compensation and pollution liability.

Provide your firms current bonding capacity on letterhead of the bonding company.

C. Prime Contractor’s Comparable Experience 20 point maximum

Points will be awarded based on the Offeror's relevant experience. Consideration will also be given to the Offeror’s reputation for delivering high-quality work on similar projects and their overall

B - 4 experience and reliability as a contractor.

Provide the firm’s annual volume for the last five (5) years. This volume should represent the volume of the office(s) directly supporting this project.

Provide the firm’s percentage of City/Municipal public sector projects compared to the overall volume for each year during the last five (5) years.

List of all City/Municipal public sector related projects executed by the firm in the State of Texas for the last five (5) years.

Provide a minimum of three (3) City/Municipal public sector related projects that are most similar in size and scope. Projects completed in the local/regional market is preferred. Provide the following information for each project.

a. Project and Owner name, address and contact information of personnel involved on the project.

b. Completion Date

c. Architect of Record contact information (firm, contact name, address, telephone, email) of person directly involved with the project.

d. Pre-construction services provided and duration.

e. Companies firms project team with roles and responsibilities.

f. Project Description

g. Project size and description of scope of work.

h. Images of completed projects.

i. Original Construction Schedule and actual project duration.

D. Key Personnel with Similar Project Experience 15 point maximum

Provide a resume (not to exceed 2 pages) for each key personnel, at a minimum, including the

Project Manager and Project Superintendent that includes the key individual’s construction experience and a description of qualifications and experience relative to the Project, including similar projects delivered in the last five (5) years.

E. Compliance with RFCSP 5 point maximum

This criterion evaluates the Offeror’s ability to meet the submission requirements as outlined in the Request for Competitive Sealed Proposals (RCSP). Points will be awarded based on the completeness, accuracy, and adherence to the proposal submission guidelines, including providing all required documents, and conforming to all instructions specified in the RCSP.

3. Federal, State and/or Local Identification Information

A. Centralized Master Bidders List registration number: ______________________________.

B. Prime contractor HUB / MWBE registration number: ______________________________.

C. An individual Proposer acting as a sole proprietor must also enter the Proposer’s Social Security

Number: #_______-_______-_______.

B - 5

D. Please indicate below if you will permit other governmental entities to purchase from your agreement with the City.

[ ] Yes, Others can purchase [ ] No, Only the City can purchase

C - 1

Appendix C – Standard Terms & Conditions

1. CONTRACT TERMS AND CONDITIONS. EXCEPT WHERE PROPOSER MAKES SPECIFIC

EXCEPTION IN THE SUBMITTED PROPOSAL, ANY CONTRACT RESULTING FROM THIS

RFCSP WILL CONTAIN THE FOLLOWING TERMS AND CONDITIONS, WHICH PROPOSER

HEREBY ACKNOWLEDGES, AND TO WHICH PROPOSER AGREES BY SUBMITTING A

PROPOSAL:

A. Delivery of Products and/or Services

i. Payment Terms: Unless otherwise specified in the Scope of Services or otherwise agreed to in writing by the City, payment terms for the City are Net 30 days upon receipt of invoice.

ii. Warranty of Products and Services: All products furnished under this contract shall be warranted to be merchantable and good quality and fit for the purposes intended as described in this Proposal, to the satisfaction of City and in accordance with the specifications, terms, and conditions of the Scope of Services, and all services performed shall be warranted to be of a good and workmanlike quality, in addition to, and not in lieu of, any other express written warranties provided.

iii. Late Delivery or Performance: If Proposer fails to deliver acceptable goods or services within the timeframes established in the Project Schedule, the City shall be authorized to purchase the goods or services from another source and assess any increase in costs to the defaulting Proposer, who agrees to pay such costs within ten days of invoice.

iv. Title to Goods and Risk of Loss: For goods to be provided by Proposers hereunder, if any, the title and risk of loss of the goods shall not pass to City until City actually receives, takes possession, and accepts the goods and the installation of such goods, has tested the system, and determined that it is in good and acceptable working order.

B. Miscellaneous

i. Independent Contractor: Proposer agrees that Proposer and Proposer’s employees and agents have no employer-employee relationship with City. Proposer agrees that if Proposer is selected and awarded a contract, City shall not be responsible for the Federal Insurance

Contribution Act (FICA) payments, Federal or State unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will City furnish any medical or retirement benefits or any paid vacation or sick leave.

ii. Assignments: The rights and duties awarded the successful Proposer shall not be assigned to another without the written consent of the Purchasing Agent. Such consent shall not relieve the assigner of liability in the event of default by the assignee.

iii. Liens: Proposer shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods, and services which may be provided to the City by

Proposer or Proposer’s vendor(s), and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.

iv. Gratuities / Bribes: Proposer certifies that no bribes in the form of entertainment, gifts, or otherwise, were offered or given by the successful Proposer, or its agent or representative, to any City officer, employee or elected representative, with respect to this RFCSP or any contract with the City, and that if any such bribe is found to have been made this shall be grounds for voiding of the contract.

v. Financial Participation: Proposer certifies that it has not received compensation from the

City to participate in preparing the specifications or RFCSP on which the Proposal is based

C - 2 and acknowledges that this contract may be terminated and/or payment withheld if this certification is inaccurate.

vi. Authority to Submit Proposal and Enter Contract: The person signing on behalf of Proposer certifies that the signer has authority to submit the Proposal on behalf of the Proposer and to bind the Proposer to any resulting contract.

vii. Compliance with Applicable Law: Proposer agrees that the contract will be subject to, and

Proposer will strictly comply with, all applicable federal, state, and local laws, ordinances, rules, and regulations.

2. Financial Responsibility Provisions

A. Insurance: The Proposer, consistent with its status as an independent contractor, shall carry, and shall require any of its subcontractors to carry, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require:

i. Worker’s Compensation and Employer’s Liability insurance, including All States

Endorsement, to the extent required by federal law and complying with the laws of the State of Texas;

ii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad

Form Property Damage, Personal Injury, Completed Operations/Products Liability, Premises

Liability, Medical Payments, Interest of Employees as additional insureds, and Broad Form

General Liability Endorsements, for at least One Million Dollars ($1,000,000) Combined

Single Limit Bodily Injury and Property Damage on an occurrence basis;

iii. Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used by the Contractor, with coverage for at least One Million Dollars

($1,000,000) Combined Single Limit Bodily Injury and Property Damage.

B. Indemnification: Proposer agrees to defend, indemnify and hold harmless the City, all of its officers, Council members, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys’ fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Proposer or any agent, employee, subcontractor, or supplier of Proposer in the execution or performance of this contract without regard to whether such persons are under the direction of City agents or employees.

C. Term of Contract and Option to Extend

i. Any contract resulting from this RFCSP shall be effective until May 28, 2027. The City anticipates that contract shall be renewed pursuant to the availability of funds and at the discretion of the City.

Prevailing Wage Rates for Municipal Construction in Texas

Rev. 3/7/2024

The following minimum rates have been determined by the City of Burleson, Texas, in accordance with the statutory requirements and prevailing local wages:

Rev. 3/7/2024

THE STATE OF TEXAS §

COUNTY OF JOHNSON §

AFFIDAVIT

BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , who is known to me or who was proved to me on the oath of (name of person identifying the acknowledging person) or who was proved to me through (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person whose name is subscribed to this affidavit; and being by me first duly sworn, upon oath stated as follows:

"My name is . I am of sound mind and capable of making this affidavit. "I am a for the which company entered into a contract on the day of , 20 , to construct the Intersection Improvements for SW Alsbury Blvd. & NW John Jones Drive, and I am duly authorized on behalf of said company to hereby swear and affirm that all wages for labor on the above-referenced project are in strict compliance with the established prevailing wage rates as described in the contract documents for the referenced project, and all wages have been and will be paid and satisfied as the prevailing rates may change from time to time. Upon request by the City of Burleson, I shall allow a complete examination of the financial records relative to this project, including, but not limited to, cancelled checks, invoices and statements at any time, and allow the City of Burleson to interview any and/or all employees of the above said company or any and/or all employees of said Company's subcontractor or subcontractors. Also, I hereby agree on behalf of the above company, to be accountable for any and all penalties and/or fine provisions in accordance with the contract documents and relevant law.

Rev. 3/7/2024

AFFIANT

GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 20 .

Notary Public In and For the State of Texas

Notary's Printed Name

My Commission Expires:

"General Decision Number: TX20260294 01/02/2026

Superseded General Decision Number: TX20250294

State: Texas

Construction Type: Highway

Counties: Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant and Wise

Counties in Texas.

HIGHWAY CONSTRUCTION PROJECTS

Modification Number Publication Date

0 01/02/2026

SATX2025-007 11/15/2023

Rates Fringes

Asphalt Distributor Operator.....$ 24.40 0.00

Asphalt Paving Machine

Operator.........................$ 22.52 0.00

Asphalt Raker....................$ 19.87 0.00

Broom or Sweeper Operator........$ 18.01 0.00

Concrete Finisher, Paving and

Structures.......................$ 22.48 0.00

Concrete Pavement Finishing

Machine Operator.................$ 24.07 0.00

Concrete Saw Operator............$ 20.34 0.00

Crane Operator, Hydraulic 80 tons or less.....................$ 31.32 0.00

Crane Operator, Lattice Boom

80 Tons or Less..................$ 29.90 0.00

Crane Operator, Lattice Boom

Over 80 Tons.....................$ 33.55 0.00

Crawler Tractor Operator.........$ 24.06 0.00

Electrician......................$ 36.10 0.00

Excavator Operator, 50,000 pounds or less...................$ 25.08 0.00

Excavator Operator, Over

50,000 pounds....................$ 25.34 0.00

Flagger..........................$ 14.80 0.00

Form Builder/Setter, Structures.......................$ 22.50 0.00

Form Setter, Paving & Curb.......$ 20.89 0.00

Foundation Drill Operator, Crawler Mounted..................$ 29.25 0.00

Foundation Drill Operator, Truck Mounted....................$ 29.86 0.00

Front End Loader Operator, 3

CY or Less.......................$ 20.93 0.00

Front End Loader Operator, Over 3 CY........................$ 22.56 0.00

Laborer, Common..................$ 18.01 0.00

Laborer, Utility.................$ 19.32 0.00

Loader/Backhoe Operator..........$ 23.22 0.00

Mechanic.........................$ 27.44 0.00

Milling Machine Operator.........$ 20.94 0.00

Motor Grader Operator, Fine

Grade............................$ 27.09 0.00

Motor Grader Operator, Rough.....$ 24.90 0.00

Off Road Hauler..................$ 23.70 0.00

Pavement Marking Machine

Operator.........................$ 22.35 0.00

Pipelayer........................$ 22.46 0.00

Reclaimer/Pulverizer Operator....$ 22.17 0.00

Reinforcing Steel Worker.........$ 23.50 0.00

Roller Operator, Asphalt.........$ 20.35 0.00

Roller Operator, Other...........$ 18.60 0.00

Scraper Operator.................$ 21.54 0.00

Servicer.........................$ 24.86 0.00

Sign Erector.....................$ 18.01 0.00

Small Slipform Machine

Operator.........................$ 25.09 0.00

Spreader Box Operator............$ 23.59 0.00

Telecommunication Technician.....$ 23.14 0.00

Truck Driver Lowboy Float........$ 25.57 0.00

Truck Driver, Single Axle........$ 20.60 0.00

Truck Driver, Single or

Tandem Axle Dump Truck...........$ 22.64 0.00

Truck Driver, Tandem Axle

Tractor with Semi Trailer........$ 23.22 0.00

Truck Driver, Transit-Mix........$ 21.97 0.00

Welder...........................$ 23.72 0.00

Work Zone Barricade Servicer.....$ 18.01 0.00

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between

January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive

Order 13658 does not apply to contracts subject only to the

Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than

""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007

6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION

Out of State Contractor Compliance to State Law

Rev. 3/7/2024

OUT OF STATE CONTRACTOR COMPLIANCE TO STATE LAW

The State Legislature of the State of Texas at its 1985 Legislative Session passed House Bill 620 relative…