Annual_Contract_for_Miscellaneous_Pavement_Repairs.pdf

City of Waxahachie

Annual Contract for Miscellaneous Pavement Repairs

RFP 2024-06-01

RESPONSES ARE DUE TO PURCHASING PRIOR TO:

June 20, 2024, 3:00 pm

NO LATE SUBMISSIONS WILL BE ACCEPTED

ELECTRONIC RESPONSES SUBMITTED THROUGH

https://procurement.opengov.com/portal/waxahachie-tx

FOR QUESTIONS CONCERNING THIS RFQ PLEASE CONTACT:

Jewelie Ramos , Purchasing Manager

Phone: (469) 309-4176 Email: jewelie.ramos@waxahachie.com

Table of Contents

I. Introduction II. Project Details

III. Evaluation Criteria IV. Vendor Submissions

V. PAY ITEMS - "CONCRETE" & "ASPHALT"

Attachments:

A - Sample Work Order

C - Detail A

1. Introduction

1.1. Summary

In accordance with Texas Local Government Code 252, the City of Waxahachie (the City) is seeking sealed proposals from qualified Contractors to conduct Miscellaneous Pavement

Repairs in an annual contract throughout the City of Waxahachie. This project generally includes street repair, paving repair, sidewalk repair, ground restoration, and curb repair primarily resulting from damage caused by utility repairs, usage, and ground contraction. The quantities are only estimates based on past repairs and future anticipated repairs. These services will be requested on an as-needed basis. There are Two Pay Item Material Categories identified as "Concrete" and "Asphalt" allowing Contractors to propose a cost or choose to "No

Bid" each item within each category.

The City shall award a "Primary" and "Secondary" Contractor for each Category identified as

"Concrete" and "Asphalt" deemed as the best value in accordance with the terms, conditions, and requirements set forth in this Request for Proposal (RFP) document. The City reserves the right to enter into an agreement with a split award as "Primary" and "Secondary" for each category of "CONCRETE" and "ASPHALT", non-award, or use any combination that best serves the interest and at the sole discretion of the City. This RFP provides interested firms with the information necessary to prepare and submit their proposal for consideration. The City may request additional information from the Contractors as part of the final selection process.

The contractor(s) awarded as "Primary" will receive the first work order requests and have the opportunity to complete the outlined repairs. If the "Primary" Contractor cannot complete the requested repair within the required time frame or is unable to meet the City's standards in availability outlined in this request, the City will forward the work order requests to the

"Secondary" Contractor(s) to complete the repair.

The City intends to award this RFP to responsive and responsible contractors that propose the most advantageous proposal for this service considering the evaluation criteria provided. The

City intends to enter into a contract with the awarded Contractors for a period of one year. The contract shall include the option to renew for four additional one-year renewal terms. The contract will automatically renew each term unless either party provides a written cancelation notice at least ninety (90) days before the active term end date. Any price increases, when renewing the agreement, must be submitted to the City at least ninety (90) days prior to the renewal start date.

1.2. Contact Information

Jewelie Ramos

Purchasing Manager

408 S Rogers St

Waxahachie, TX 75165 https://statutes.capitol.texas.gov/Docs/LG/htm/LG.252.htm

Email: jewelie.ramos@waxahachie.com

Phone: (469) 309-4176

Department:

Utilities

1.3. Timeline

Release of Request for BID June 5, 2024

Question Submission Deadline June 13, 2024, 3:00pm

BID Submission Deadline June 20, 2024, 3:00pm

The Proposal opening will be on TEAMS.

Electronic submittals are highly preferred through our online electronic bidding system on OpenGov.

https://procurement.opengov.com/portal/wax ahachie-tx

TEAMS Meeting Dial-in Number: 929-352-2273

Phone conference ID: 764 976 8#

Paper submittals shall be received by the

Office of the City Secretary, on the 3rd Floor of the Charles Beatty Municipal Services Building, 408 S. Rogers, Waxahachie, TX 75165. Please use the elevator to access the 3rd floor of the

Charles Beatty Municipal Services Building. The staircase adjacent to the elevator does not go to the 3rd floor of the building.

2. Project Details

2.1. Important Instructions for Electronic Submittals

The City of Waxahachie prefers to accept electronic submittals for this RFP. Before the

Respondent can submit their electronic response to this RFP, they must create a FREE account with OpenGov Procurement by registering online at https://procurement.opengov.com/signup.

Once the Respondent has completed their account registration, they must return to this page to view the project details or use the following link https://procurement.opengov.com/portal/waxahachie-tx/projects/84910 . The Respondent mailto:jewelie.ramos@waxahachie.com tel:(469)309-4176 https://procurement.opengov.com/portal/waxahachie-tx https://procurement.opengov.com/portal/waxahachie-tx https://procurement.opengov.com/signup https://procurement.opengov.com/portal/waxahachie-tx/projects/84910 should select "Draft Response" and follow the instructions provided to begin submitting their electronic response.

To view all City of Waxahachie project opportunities, use the following link: https://procurement.opengov.com/portal/waxahachie-tx. If you would like to be notified of any future City of Waxahachie project opportunities, select "Subscribe".

2.2. Instructions to Respondents

This Request for Proposal will be available online through https://procurement.opengov.com/portal/waxahachie-tx from the date issued until the due date and time provided. Any subsequent addendums and/or attachments will be added to the website listed above.

All submittals must be received no later than June 20, 2024 at 3:00 PM CT. Late submissions will not be accepted.

Electronic submittals are preferred through our online electronic bidding system https://procurement.opengov.com/portal/waxahachie-tx

All paper-sealed submittals must be received by the City of Waxahachie City Secretary

Department located at 408 S Rogers, Waxahachie, TX 75165 on the 3rd floor by the due date and time provided. All paper submittals must include a USB/flash drive with an electronic copy of the submittals and any attachments.

The City is not responsible for lateness or non-delivery of mail, carrier, etc. to the City, and the time and date recorded by the City shall be the official time of receipt.

Sealed paper submittals must be in one sealed envelope clearly marked with the label below completed and affixed on the outside of the sealed envelope containing the submittal:

SEALED PROPOSAL – DO NOT OPEN

City of Waxahachie – ATTN City Secretary – 3rd Floor

408 S Rogers St.

Waxahachie, TX 75165

Miscellaneous Pavement Repairs Request for Proposal # 2024-06-01 Request for Proposal Deadline: until June 20, 2024 at 3:00 PM CT

Company Name: ______________________________________________

Contact Name: _______________________________________________

Phone Number: _______________________________________________

Request for Proposal Questions

Questions regarding this Request shall be submitted online using the OpenGov electronic bidding system or shall be emailed to the City’s Purchasing Manager at Purchasing@waxahachie.com with the RFP number in the subject line no later than June 20, 2024 at 3:00 PM CT.

The City’s response to the questions shall be provided to all respondents through an addendum and will be bound with and made a part of the contract documents. No other explanation or interpretation will be considered official or binding. Respondents shall not contact any City staff except those designated in this Request or subsequent addendums. Noncompliance with this provision may result in the rejection of the submittal.

A copy of all questions in the addendum format shall be posted online through https://procurement.opengov.com/portal/waxahachie-tx. The City of Waxahachie shall

NOT be held liable for any costs incurred by any respondent for work performed in preparation of and production of the submittal or for any work performed prior to the execution of an awarded contract.

Any submittal may be withdrawn or a revised submittal provided prior to the submittal deadline.

Proposal Opening

There will be a public opening of the submittals on TEAMS on June 20, 2024 at 3:00 PM

CT. Only the names of the firms that submitted a response will be read out loud and published on the OpenGov portal. All submittals will be kept confidential during the evaluation process and prior to the contract award.

TEAMS Meeting Dial-in Number: 929-352-2273

Phone conference ID: 764 976 8#

2.3. Request for Proposal Submittal Requirements

The following items are required for both Electronic submissions on OpenGov and Paper Hard-

Copy submissions:

1. Answer all of the required questions provided in the Vendor Submissions Section on

OpenGov

2. Complete and attach the provided conflict of interest questionnaire.

3. *If Applicable* Provide a Certificate for your Small Business (SBE), Disadvantaged

Business Enterprise (DBE), or Historically Under-utilized Business (HUB)

4. Provide the company's most recent signed W-9.

https://procurement.opengov.com/portal/waxahachie-tx mailto:Purchasing@waxahachie.com

5. Provide your certificate of insurance. Please DO NOT list the City as a holder unless you are awarded the contract.

6. Use the Pay Items Table to propose the unit cost for each category, "Concrete" and

"Asphalt". Contractors may choose to "No BID" any items in each category.

Any submittal may be withdrawn or a revised submittal provided prior to the submittal deadline. All submittals shall be subject to the Texas Public Information Act unless the respondent clearly and prominently identifies a particular section in the submittal as proprietary and said item unequivocally qualifies for this exception under the Act as determined by the Texas Attorney General.

The Owner reserves the right to reject any or all proposals and to waive any irregularities or formalities. The Contractor accepts all risks associated with responding in this manner.

2.4. Scope of Work

LOCATION OF PROJECT

This project is located throughout the City of Waxahachie and also in Ellis County, Texas.

TIME AND ORDER OF COMPLETION

All items of work included under this contract shall be started within seven (7) days from receipt of the work order and be completed within twenty-five (25) days after the issuance of the work order. Typical work orders are issued once a week. All open excavations shall be plated or have temporary backfill over night.

This project provides for:

A. Repair of existing concrete roads.

B. Repair of existing asphalt roads.

C. Repair of existing sidewalks.

D. Repair of existing driveways which may include concrete or asphalt.

E. Repair of driveway approaches which may include concrete or asphalt.

F. Repair of existing parking lots which may be concrete, asphalt, or asphalt with a concrete base.

G. Concrete curb and gutter, monolithic concrete curb, or separate concrete curb.

H. Site, grass, and soil restoration may be necessary.

I. Providing all traffic control and barricade devices in conformance with the Texas

Department of Transportation’s Manual of Uniform Traffic Control Devices.

All work shall be completed as called for in these specifications, referenced specifications, and the City of Waxahachie standard construction details using the link below.

https://www.waxahachie.com/departments/engineering_department/engineering_design_ma nual_and_city_standards.php

DESCRIPTION OF PAY ITEMS

Any and all work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Solicitation Specifications are to be performed by the Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate PAY item in the proposal shall be included in the price for a related PAY item such that work called for or required by the Solicitation Specifications will be constructed for the Contract

Price.

The following descriptions are intended to clarify the nature of the work required for this project. The provisions of the standard technical specifications shall apply, except as otherwise specified herein.

Each PAY item includes all labor, materials, equipment, and incidentals necessary to construct that item:

The Contractor shall provide traffic control and ensure that the placement and location of traffic control and safety devices are in accordance with the latest edition of the Texas Manual on Uniform Traffic

Control Devices, NCTCOG Item801.1 “Barriers and Warning and Detour Signs”.

The Contractor is responsible for providing traffic control facilities that are adequate for his construction means and methods. The contractor shall coordinate all traffic control measures with the city inspector and

TxDOT, if necessary.

Measurement and payment shall be made included in all the following bid items: This will include all traffic control measures, but not limited to, signage, barricades, flagmen, and all other measures necessary to ensure public safety.

Traffic control facilities shall remain in place until the completion of the project and all permanent signage is installed.

The contract price shall be total compensation for the furnishing of all labor, material, tools, equipment, grading, and incidentals necessary to complete the work, including proper hauling, setup, and removal of all traffic control elements.

https://www.waxahachie.com/departments/engineering_department/engineering_design_manual_and_city_standards.php https://www.waxahachie.com/departments/engineering_department/engineering_design_manual_and_city_standards.php

This item shall consist of all the work, labor, materials, and equipment necessary in the area of preparation of the limits of construction. All work shall be performed per NCTCOG Item 203.1

“General Site Preparation.” All trees, stumps, slashings, brush, other debris, or deleterious material generated as a part of this work, shall be removed from the property. Any required disposal permits shall be the sole responsibility of the Contractor. All excavated earth in excess of that required for backfilling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the Owner, it can be neatly spread over the adjacent area.

Before work is to commence, the Contractor shall prepare a series of pictures or videos of existing conditions to verify the condition and location of all existing structures prior to repairs.

A copy of pictures or video shall be provided to the City Representative upon request and must be retained throughout the contract duration.

Measurement and payment shall be made included in the Pay Items Section of this RFP.

2.5. Special Terms and Conditions

GENERAL

The Standard Specification for Public Works Construction, North Central Texas, 5th Edition amended August 2023 issue by NCTCOG, the Texas Department of Transportation Standard

Specification for Construction and Maintenance of Highways, Streets, and Bridges and the City of Waxahachie’s design criteria and construction standard constitute the standard specifications for this contract except as herein amended or supplemented. If a conflict exists between the three specifications, the City of Waxahachie’s design criteria and construction standards shall govern, unless directed by a City representative.

HOURS OF WORK

No work shall be scheduled between 5:00 pm and 7:00 am or on Saturdays, Sundays, or legal

City holidays without permission of the Owner. Should the Contractor desire to work on these days, he shall contact the Owner, in writing, for approval at least 72 hours in advance. However, emergency work may be done without prior permission.

PRICE ESCALATION

Price escalations may be permitted by the City of Waxahachie prior to the renewal of the contract and agreed by both parties will be effective for the term of the contract renewal. All requests for price escalation shall be in written form and shall demonstrate industry-wide or regional increases in the Contractor's costs. Include documents supporting the price escalation, such as manufacturer's direct cost, postage rates, railroad commission rates, federal/state minimum wage laws, federal/state unemployment taxes, FICA, etc. Increases will apply only to the products(s) and/or service(s) affected by an increase in raw material, labor, or another like cost factor. The City of Waxahachie reserves the right to accept or reject any/all price escalations.

PRICE REDUCTION

If during the renewal of the contract, the Contractor's net prices to other customers for the same product(s} and/or service(s) are lower than the City of Waxahachie's contracted prices, a suitable adjustment will be made in the contract price.

INVOICING

Invoices shall be submitted to the City of Waxahachie to utilityinvoices@waxahachie.com.

PAYMENT TERMS

Payment terms are net 30 in accordance with the Texas Prompt Payment Act (Texas

Government Code, Chapter 2251), unless otherwise specified by the City in the proposal packet.

TAXES

The City of Waxahachie is exempt from federal manufacturer's excise and state sales and use tax under Section 151 of the Texas Tax Code. Tax must not be included in your proposal. Tax exemption certificates will be executed by the City and furnished upon request, and the

Contractor shall comply with all provisions of Section 151.309.

LIQUIDATED DAMAGES FOR DELAY BY CONTRACTOR

The Contractor understands and agrees that time is of the essence of this contract and that for each day of delay after the City has approved the work order herein specified and contracted for (after due allowance of such extension of time as is provided for in the General Conditions of Agreement), the Owner may withhold permanently from the Contractor's total compensation the sum OF $20 per day for substantial and final completion as stipulated damages for such delay. This will apply to each of the locations on the work order not completed within 25 days. Weather conditions that prohibit the performance of the principal units of work underway for a continuous period of not less than seven hours between 7 a.m.

and 6.00 p.m. shall be considered in adjusting the contract time for completion of the project.

PATENT RIGHTS

The Contractor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied.

GENERAL INFORMATION

For this contract, the basis for determining quantities and project schedule will be for the entire work directed by the City for an individual project in a specific geographic area. The work for mailto:utilityinvoices@waxahachie.com mailto:utilityinvoices@waxahachie.com.

each individual project may include one or more intermittent repair areas throughout the project length.

The Contractor will be responsible for all signing and barricading and will comply with those portions of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" which pertain to construction.

The Contractor shall provide means for adequately controlling and avoiding soil erosion during construction (no separate pay item).

The Contractor shall coordinate with the property owners to determine the existence and extent of any existing sprinkler systems. If the Contractor encounters any sprinkler systems during construction, he shall repair and/or replace them in as good or better condition than before (no separate pay item).

The Contractor is responsible for notifying and working with the City Inspector and all utility companies.

The Contractor shall take precautions and use care to avoid damaging, disturbing, or disrupting existing private facilities on private or public property, i.e. fences, sprinkler facilities, shrubs, landscaping, etc. The Contractor shall restore, to the City's satisfaction, any damaged property at the Contractor's expense.

Completion of a particular project is defined to include the satisfactory performance of all minor and non-pay work items such as form removal, backfill, final grading, clean-up, restoration/replacement of all damaged private and public property, etc.

TESTING

All tests required will be paid for by the City. All re-testing will be paid for by the Contractor.

The Contractor shall use care in removing existing pavement so as not to damage the subgrade.

If the City indicates that additional compaction tests or methods are required for specific areas, costs associated with such will be paid for by the City, provided the tests are not required due to Contractor negligence. Generally, no heavy-duty trucks or construction machinery will be allowed on a recently poured or laid street section until the material has cured the required strength per City standard

GRADES

The Contractor is responsible for all surveying and staking for projects covered by this agreement. The Contractor is responsible for ensuring that gutter grades allow for proper drainage.

DRIVEWAYS

Driveway configurations shall generally match the existing driveway and conform to the ADA requirements. Thickened edges along connecting streets will be subsidiary to the driveway pavement item.

EXCAVATION AND BORROW

There will be no extra pay item for typical grading operations required to reconstruct or match existing pavement grades, profiles, or cross-sections. Excavation required for new sidewalks shall be subsidiary to the specific pay items. There will be no extra pay item for typical backfilling procedures.

WORK ORDERS

The City shall issue Work Orders for each project. A blank work order is provided as an attachment. Each work order shall be uniquely numbered and shall contain a description of the location and required work. Contractors awarded an agreement shall review the work order, complete the project cost (based on the contracted pricing), and provide an estimated start and completion date. The City must review and approve each work order before work is to commence.

EASEMENTS

The Contractor must conduct all work within the street right-of-way, within designated areas on City-owned property, or within easements. All disturbed areas shall be reshaped, smoothed, top-soiled, seeded, and/or sodded. All removal items shall be completely removed and disposed of. All remaining items shall be saved from damage.

Any damage that occurs to private property will be the responsibility of the Contractor. In the event the Contractor gets off the permanent or temporary easements, then all costs to restore the property shall be at the Contractor's expense and final acceptance of the project may be withheld unless the claim is being addressed.

A. All areas of new sidewalk construction will be subject to the availability of right-of-way in that given area.

B. Any obstructions or structures in place in the City right-of-way that conflict with the placement of the sidewalks are to be removed as carefully and prudently as possible and placed within the private property line. All costs of removal are incidental to the project.

C. In the event that a citizen makes a claim against the Contractor or subcontractor, the

Contractor shall do the following:

1. Investigate the claim within a reasonable period of time when notified by a citizen or the City of Waxahachie.

2. Within 5 days after completing the investigation, the Contractor shall notify in writing the person making the claim that the Contractor is approving or denying the claim or a part thereof. The City shall receive a copy of the written notification.

3. Assure that claims shall not be denied for frivolous reasons.

4. In the event, that the City of Waxahachie determines after notification by a citizen that the Contractor has failed to comply with the above provisions and after notifying the Contractor and determining that the Contractor has failed to comply with the above provisions, the City of Waxahachie may, in its direction, withhold payment to the Contractor until the provisions set forth above are complied with.

CONTROL OF CONTRACTOR

A. The Contractor shall be fully responsible for maintaining alignment and grade.

B. The Contractor shall set and maintain all intermediate points, offset points, lines, grades, elevations, and offset elevations not set by the Engineer. The accuracy of the

Contractor's surveys and staking shall be his responsibility.

C. A reasonable amount of time shall be allowed by the Contractor after he calls for inspections of the form boards by the City prior to placement of the concrete. The

Contractor shall not claim additional compensation for any delay due to the City exercising this right, for any corrective work which may be required as the result of the

Contractor's errors, or any removal and replacement of items not inspected or approved.

D. Removal of existing sidewalks, curbs, 4" stone base beneath concrete, all finishing, backfill, and seeding, forming of ramped areas, and other related activities shall be incidental to the cost of the contract.

E. No imperfections in the completed sidewalk will be accepted. It will be the Contractor's responsibility to prevent vandalism or destruction on the surface of wet concrete.

INSPECTION

The Contractor shall conduct his work in full cooperation with the City. The City must be notified within two (2) working days for inspection prior to the placement of any materials;

patch, curb, panel replacement, street work, sidewalk, or restoration. Any materials placed before an inspection by the City shall be deemed unacceptable and no compensation will be allowed.

INCIDENTAL ITEMS

There will be no separate pay items for the following miscellaneous construction shall be considered incidental to other contract Pay items.

o Removing asphalt patches, or capping o Adjusting water valve stacks in the paving and parkway area (Concrete pad is paid under the sidewalk) o Adjusting Manholes and Cleanouts in the paving area o Asphalt Repairs o Curb/Driveway/Ramps Repairs o Irrigation Damage or Irrigation Adjustments o Erosion Control o Final Clean Up

CONCRETE TEXTURE

Driveways, curbs, and sidewalks shall match the existing finish.

DELIVERY CHARGES

All delivery charges (FOB work sites) shall be included in the Pay price.

SAW-CUTTING

All existing concrete shall be sawed to limits of removal to ensure uniformity. Any waste or slurry created from cutting the concrete

LOCATING UTILITIES

The Contractor shall be required to locate and protect all utilities, including sprinkler systems and other private underground installations. The Contractor shall protect all utilities during construction. Sprinkler system and other private underground installation relocation and repair shall be done at the Contractor's expense if damaged.

FINAL CLEAN UP

The Contractor will be responsible for the removal and proper disposal of waste created during the project duration and will restore all disturbed areas to their original condition or better.

Areas disturbed by construction are to be sodded with the same type of grass that existed before construction began. All damage to grassed areas shall be held to a minimum so that only the edges need restoration. All disturbed areas caused by work will need to be reestablished back to existing conditions prior to construction. Cleanup shall follow immediately after and at the same rate as construction. Cleanup shall not be delayed until the entire project is finished.

All work shall be limited to one side of a street at a time. All work, including cleanup and backfilling, shall be completed before moving to another area, with the exceptions of seeding and mulching and any asphalt repairs. Final clean-up shall be complete prior to payment from the City for each work order.

WARRANTY

The Contractor shall warrant that all work shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship, and title, for a minimum of two (2) years.

CONCRETE WASHOUT

The Contractor shall provide an adequate on-site concrete washout area for each job and it shall be in accordance with City ordinances and standards.

Under no circumstance shall concrete be washed out into the storm drain or the sanitary sewer system.

SUBCONTRACTORS or VENDORS:

No Contractor shall employ any subcontractor, supplier, or other person or organization against whom the Contractor or City has reasonable objection.

2.6. Contract Award and Contract Terms

Contract Award

All submissions received from qualified, responsible, and responsive respondents will be evaluated fully to ascertain which respondent provided a proposal most advantageous to the

City. The City reserves the right to enter into an agreement with a split award as "Primary" and

"Secondary" for each category of "CONCRETE" and "ASPHALT", non-award, or use any combination that best serves the interest and at the sole discretion of the City.

Any contract awarded in pursuant to this RFP is not assignable. The awarded Contractor(s) shall not sell, assign, transfer, sub-contract, or convey this contract, in whole or in part, without the prior written consent of the City of Waxahachie.

The City reserves the right to accept and/or reject any and all submitted proposals or any part thereof, waive immaterial errors, waive any irregularities or in-formalities in the submittal received, and award the contract in the best interest of the City.

Contractors shall promptly notify the City of any omissions, ambiguity, inconsistency, or error that they may discover upon examination of this RFP. 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.

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

Contractor after the submittal deadline unless such alteration, amendment, or withdrawal notice is approved in writing by the Purchasing Manager.

An opened proposal may not be changed for the purpose of correcting any error by the

Contractor or Contractor’s agent. Any ambiguity in the proposal as a result of omission, error, lack of clarity, or noncompliance by the Contractor with specifications, instructions, and all conditions shall be construed in the favor of the City. If the unit prices and their extensions do not coincide, the City may accept the price most beneficial to the City, and the Contractor will be bound thereby.

Contract Term

The City intends to enter into a contract with the awarded Contractors for a period of one year

The contract shall include the option to renew for four additional one-year renewal terms. The contract will automatically renew unless either party provides a written cancellation notice at least ninety (90) days before the active term end date. Any price increases, when renewing the agreement, must be submitted to the City at least ninety (90) days prior to the renewal start date.

Contract Termination

If at any time, the successful Contractor fails to fulfill or abide by the terms, conditions, specifications, or performance requirements of this RFP, or any contract awarded and entered pursuant thereto, the City reserves the right to deduct charges from the successful Contractor’s invoice at the time it is due; or Cancel the contract at the City’s convenience, without penalty, by furnishing written notice of termination to Contractor, and select another Contractor and award a contract to its Contractor pursuant to the terms thereof.

At the City’s sole discretion, any awarded contract may be canceled or terminated for convenience without penalty at any time by giving the Contractor thirty (30) days' written notice. The Contractor may be entitled to payment for services actually performed; to the extent said services are satisfactory.

Availability of Funds

This RFP is conditioned upon the availability of federal, state, or local funds, which are appropriated or allocated for payment of the requested services. If, during any stage of this contract, funds are not allocated and available for the requested services, the contract will be canceled. The City will notify the Contractor at the earliest possible time if this occurs.

2.7. Standard Terms and Conditions

The obligations of the parties under a contract awarded through this RFP will be performed in

Ellis County, Texas. The exclusive venue shall be Ellis County, Texas, and any contract awarded under this RFP shall be governed by the laws of the State of Texas. All work must be in compliance with and conform to any and all applicable state or local laws, ordinances, regulations, codes, rules, policies, and interpretations thereof.

All submittals shall be subject to the Texas Public Information Act Texas Government Code

552 unless the respondent clearly and prominently identifies a particular section in the submittal as proprietary and said item unequivocally qualifies for this exception under the Act as determined by the Texas Attorney General.

Texas Government Code Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Waxahachie, including affiliations and business and financial relationships such persons may have with City of Waxahachie officers. An explanation of the requirements of Chapter 176, applicable forms, and a complete text of the new law is available at: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm. By doing business or seeking to do business with the City of Waxahachie, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and that you are solely responsible for complying with the information provided.

Once a selection is made and the City has the intent to award, the successful respondent will be required to submit Form 1295 to the State of Texas electronically prior to executing the agreement. https://www.ethics.state.tx.us/filinginfo/1295/

Lobbying of selection committee members, City staff, or City Council members will not be permitted nor tolerated during the RFP process.

Prohibition of Boycott Israel: By submission of this RFP response, the Contractor verifies that they will not Boycott Israel and agrees that during the term of this Contract, they will not

Boycott Israel as that term is defined in Texas Government Code 2271. Effective September 1, 2019, this section does not apply if the Vendor is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) the Vendor has ten (10) or more full-time employees and (ii) this Contract has a value of $100,000.00 or more to be paid under the terms of this Contract.

Prohibition of Boycott of Energy Companies: By submission of this RFP response, the

Contractor verifies that is does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas

Government Code 2276, as amended. This section does not apply if the Contractor is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) the Contractor https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.552.htm https://statutes.capitol.texas.gov/Docs/LG/htm/LG.176.htm https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm https://www.ethics.state.tx.us/filinginfo/1295/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm has ten (10) or more full-time employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement.

Prohibition of Discrimination Against Firearm Entities and Firearm Trade Associations: By submission of this RFQ response, the Contractor verifies that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association;

and (ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association as that term is defined in Texas Government Code 2274. This section only applies if: (i) Contractor has ten (10) or more full-time employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement; and does not apply: (i) if the Contractor is a sole proprietor, a non-profit entity, or a governmental entity; (ii) to a contract with a sole-source provider; or (iii) to a contract for which none of the submittals from a company were able to provide the required certification.

The Contractor shall be and remain an independent contractor throughout the term of any contract awarded pursuant to this RFP for all purposes, including but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal

Insurance Contribution Act, the provisions of the Internal Review Code, and all State of Texas revenue, workers compensation, and unemployment insurance laws. The Contractor will retain sole and absolute discretion over the manner and means of carrying out the activities and all responsibilities listed herein. The Contractor agrees that it is a separate and independent enterprise from the City and that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationships between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor.

Contractor Insurance Requirements

Contractors on City property or public right-of-way for the City of Waxahachie shall provide the

City a certificate of insurance evidencing the coverage and coverage provisions identified herein.

The Contractor hereby covenants and agrees to indemnify, hold harmless, and defend the City, its officers, agents, servants, and employees, from and against any and all claims or lawsuits of any kind or character, whether real or asserted, for either property damage or loss (including alleged damage or loss to contractor’s business, and any resulting lost profits) personal injury, including death, to any and all persons, and damages for claims of intellectual property infringement, arising out of or in connection with this agreement, to the extent caused by the acts or omissions of contractor, its officers, agents, subcontractors, servants or employees.

All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the

City, its officers, agents, and employees as additional insureds as to all applicable coverage with https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm the exception of Workers' Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance.

All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service.

The Contractor shall during the term hereof maintain in full force and affect the following insurance: The City reserves the right to amend or require the addition of all types depending on the nature of the work.

The successful Contractor shall procure and maintain in force during the terms of any contract awarded pursuant to this RFP, at its own cost, the following minimum insurance coverage:

Type of Insurance Amount of Insurance Provisions

A. Commercial General

(Public) Liability to include coverage for:

A. Premises/Operations

B. Products/Completed

Operations

C. Independent Contractors

D. Personal Liability

E. Contractual Liability

$1,000,000 each occurrence

$2,000,000 general aggregate

$2,000,000 Umbrella/ Excess

Liability

City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage.

City requires that insurer be rated A or higher by A.M. Best or equivalent.

Waiver of subrogation

2. Business Auto Liability • $1,000,000 per occurrence

• $1,000,000 aggregate or;

• $1,000,000 combined single limits

City to be named as a additional insured

3. Workers’ Comp &

Employers’ Liability

Statutory Limits

$1,000,000 for each accident

Waiver of subrogation

Prior to the execution of any awarded contract by the City, the successful Contractor shall forward Certificates of Insurance to the Senior Director of Utilities. The required insurance policies shall be procured and maintained in full force and effect for the duration of the awarded contract. The Certificate Holder shall be the City of Waxahachie at 408 S Rogers St., Waxahachie, TX 75165.

3. Evaluation Criteria

This is a COMPETITIVE SEALED PROPOSAL, so the City will evaluate each submission based on the following criteria: All submissions received from qualified, responsible, and responsive respondents will be evaluated fully to ascertain which respondent provided a proposal most advantageous to the City. The respondent’s submittal should provide a straightforward, concise description of the respondent’s capabilities to satisfy the requirements listed in this RFP.

An evaluation committee (“Committee”) will review the submitted proposals. The Committee will evaluate all submissions and ultimately determine a final list of the most competent and qualified respondents.

During the evaluation process, the Committee and the City reserve the right, where it may serve the City’s best interest, to request additional information or clarifications from the respondents. In fairness to all firms, requests for interviews, visits, or presentations prior to the closing time and date will not be permitted. Interviews with selected firms may or may not be requested at the sole discretion of the City after the closing date. Selection may be made strictly from the information provided in the proposal, however, the City of Waxahachie reserves the right to conduct interviews as well as request presentations from any respondents as part of the final selection process.

The proposals will be evaluated on the following criteria and scored on a 100-point basis:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cost

Cost will be evaluated based on a mathematical formula comparing the total cost to the other proposers' total cost.

Points Based 40 (40% of Total)

2. Experience and Qualifications Points Based 25 (25% of Total)

3. Response Time to Complete Assigned Work

Orders or Paving Related Projects Points Based 25

(25% of Total)

4. References

References from municipalities and/or other governmental agencies with properties of similar size and scope are preferred.

Points Based 10 (10% of Total)

4. Vendor Submissions

4.1. Authorized Respondent’s Information

4.1.1. Authorized Official's Contact Information*

Please provide the contact Information of the authorized official submitting this response.

-Legal Name

-Title

-Email Address

-Phone Number

*Response required

4.1.2. Response Confirmation*

By clicking "Please confirm" below, hereon affixed, the respondent declares they have read this solicitation entirely and with full knowledge of the requirements, does hereby agree to furnish the services in full accordance with the requirements of this solicitation if selected.

Confirming also indicates the following:

• Person or person’s interest in this solicitation as principals are those named herein.

• I (we) have carefully examined the contents of this solicitation, and its requirements, and agree to the terms stated herein.

• The respondent acknowledges the Conflict of Interest Clause and agrees to follow the necessary requirements.

The undersigned represents that they are authorized to bind the Respondent to fully comply with the terms and conditions of this solicitation's requirements.

☐ Please confirm

*Response required

4.1.3. Conflict of Interest Questionnaire*

Please download the document below and upload the completed questionnaire.

• Form_CIQ_(Conflict_of_Inter...

*Response required

4.2. Company Information

4.2.1. Please provide your company's most recent signed W-9*

Please download the below documents, complete, and upload.

• Blank_W-9_2024.pdf

*Response required https://government-project.s3.us-west-2.amazonaws.com/74220/8f9b421b-5bbd-40c3-85c2-6d70ccd92502_Form_CIQ_%28Conflict_of_Interest_Questionnaire%29_-_CIQ.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4NRP3INGP%2F20240605%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240605T230849Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjED4aCXVzLXdlc3QtMiJGMEQCIC5T8VEum6IvUarpG55dBPm11D8qJO%2FSkT0AKHNEewHwAiBrV7wEkChneGT%2BHZ2qlV1lpab2s0wdSvPL592M3xyjIiqMBQjH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIM9%2BWKHrOwTl0rn%2Bg%2FKuAEG8y1KWt72uXa1nppeQqXaVJtDXsWPTOycwKWnJoNC7%2FqkCGUUTRmeT87ZpHJCwT9bkwBtLuZbtMWzPTXhPAUDMtCvxQg%2B%2B4g6ud1g6cqL%2F41ZUWxaI4k7Rc1A0jAZbWrvI0FE4u8FaWUFCA%2FA3%2F%2BjX%2FrPBlDPFZz4QMwzV300Ye4F7DGFrSVaGyeUhbXp%2Fy5CY3sd%2FRwMC6pjL9iZI5ZyVKLcTGzecMcR5UYYz8JpyzLGhsebnM4Hku3FgfOyUeDzNdQJsxGnAYcmypmB4nnr5eiCSfFTVL6JSNcmz1Ws15JAufwxB9EmWLMbyNP9LqDdLsBlnKFpjQhkNKZs56Vz8qYtk6wahdSUORfSqlYSedXnZCVvVjqr7MLAzNuaMpGTL8o5orf3dS5JEPph8kdMX7cSwjRaNTj2A8TBZyl%2FwJBsasuqXqUM5jyp8PCfOOo3lMNe%2BTm%2FHWsO3LUN29oapT6Y1YA6x867rnfjhzB4IQPYSZbHV1A806lMB3v1xj5LQu6cLcwtYaSy1EcDOSy6ThQ%2FEEAJuu%2FzZE9QkNkaujuvmZcfxUlubRBtZY4cnob7ZzR4tgqTnY%2FKljhqX50DRsaSmwHbQkNFj4GHtXPsTgLT%2Fg9ATVcT2rO1gpMPhDQty%2Fvii7mOFyf%2B0P880Pvt%2F85%2BQpFHd3cGxJ9Vk51conRSklSEvArB0WIJW0Dys9oqZe85G3G1Kcg0r8GPuHolSdmdHw994hPp%2FdlaG%2BO8p2jJb7%2FNsCPkhGKZ7IgVMLssyxwsPq%2B%2FGcMs9DHEK1D3zj8l8LlH0Pmxhl54luYOTMwmMKDswY6nAGFlVHmMqtCYyGt5sG%2Ftr9pn3eOjVGXxDoUKFqtb06Y4Ph1zoREpJd%2B1YzvRmX%2F5D4rVIY8ZA7mrOEtExmqUhPfYggPFzIlw2C85i3lSoa26w5jUDiZpBEuGeZDAOvj%2FKX%2F1yGnamz9mBdF4cUio9xq6L3W7dM%2BGKiD5q%2F0bKpej2LfMq8Pb4YYiEsK%2FLapRwnXBqd%2F44Av%2FUF%2B4cY%3D&X-Amz-Signature=bf3cb49969efb06d823916c34639e64eaf2c3a376c2ea8594ef6c1f9720fce51&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Form_CIQ_%28Conflict_of_Interest_Questionnaire%29_-_CIQ.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/84910/a7159e7f-d13d-4fe5-aaf3-41f74d963267_Blank_W-9_2024.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4NRP3INGP%2F20240605%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20240605T230849Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjED4aCXVzLXdlc3QtMiJGMEQCIC5T8VEum6IvUarpG55dBPm11D8qJO%2FSkT0AKHNEewHwAiBrV7wEkChneGT%2BHZ2qlV1lpab2s0wdSvPL592M3xyjIiqMBQjH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAIaDDg5MjM2NDY4NzY3MiIM9%2BWKHrOwTl0rn%2Bg%2FKuAEG8y1KWt72uXa1nppeQqXaVJtDXsWPTOycwKWnJoNC7%2FqkCGUUTRmeT87ZpHJCwT9bkwBtLuZbtMWzPTXhPAUDMtCvxQg%2B%2B4g6ud1g6cqL%2F41ZUWxaI4k7Rc1A0jAZbWrvI0FE4u8FaWUFCA%2FA3%2F%2BjX%2FrPBlDPFZz4QMwzV300Ye4F7DGFrSVaGyeUhbXp%2Fy5CY3sd%2FRwMC6pjL9iZI5ZyVKLcTGzecMcR5UYYz8JpyzLGhsebnM4Hku3FgfOyUeDzNdQJsxGnAYcmypmB4nnr5eiCSfFTVL6JSNcmz1Ws15JAufwxB9EmWLMbyNP9LqDdLsBlnKFpjQhkNKZs56Vz8qYtk6wahdSUORfSqlYSedXnZCVvVjqr7MLAzNuaMpGTL8o5orf3dS5JEPph8kdMX7cSwjRaNTj2A8TBZyl%2FwJBsasuqXqUM5jyp8PCfOOo3lMNe%2BTm%2FHWsO3LUN29oapT6Y1YA6x867rnfjhzB4IQPYSZbHV1A806lMB3v1xj5LQu6cLcwtYaSy1EcDOSy6ThQ%2FEEAJuu%2FzZE9QkNkaujuvmZcfxUlubRBtZY4cnob7ZzR4tgqTnY%2FKljhqX50DRsaSmwHbQkNFj4GHtXPsTgLT%2Fg9ATVcT2rO1gpMPhDQty%2Fvii7mOFyf%2B0P880Pvt%2F85%2BQpFHd3cGxJ9Vk51conRSklSEvArB0WIJW0Dys9oqZe85G3G1Kcg0r8GPuHolSdmdHw994hPp%2FdlaG%2BO8p2jJb7%2FNsCPkhGKZ7IgVMLssyxwsPq%2B%2FGcMs9DHEK1D3zj8l8LlH0Pmxhl54luYOTMwmMKDswY6nAGFlVHmMqtCYyGt5sG%2Ftr9pn3eOjVGXxDoUKFqtb06Y4Ph1zoREpJd%2B1YzvRmX%2F5D4rVIY8ZA7mrOEtExmqUhPfYggPFzIlw2C85i3lSoa26w5jUDiZpBEuGeZDAOvj%2FKX%2F1yGnamz9mBdF4cUio9xq6L3W7dM%2BGKiD5q%2F0bKpej2LfMq8Pb4YYiEsK%2FLapRwnXBqd%2F44Av%2FUF%2B4cY%3D&X-Amz-Signature=04630546c85aed07852fb6d0e097f9a47cbcafe96086b01094cd917348ddef3f&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Blank_W-9_2024.pdf%22&x-id=GetObject

4.2.2. Please submit your certificate of insurance. Please DO NOT list the City as a holder unless you are awarded the contract.*

*Response required

4.2.3. Full Legal Company Name*

*Response required

4.2.4. Principal Place of Business Address*

*Response required

4.2.5. Principal Place of Business Phone Number*

*Response required

4.2.6. Company Website URL

4.2.7. Person Authorized to negotiate and sign contracts with the city (if different than the

Authorized Contact Provided)

4.2.8. Number of years in business working on similar types of projects?* *Response required

4.2.9. List the number of employees working for your company* *Response required

4.2.10. State and Date of Incorporation, Partnership, or Ownership Established?* *Response required

4.2.11. Are you a certified Small Business (SBE), Disadvantaged Business Enterprise (DBE), or Historically Under-utilized Business (HUB)?*

Please select all that apply.

☐ Yes

☐ No

*Response required

When equals "Yes"

4.2.12. If yes, please provide a copy of the certification(s). * *Response required

4.3. Cooperative Purchasing

4.3.1. The City of Waxahachie has established several government entity interlocal agreements. Should any of these Government Entities desire to utilize this contract, would you offer the same terms, conditions,specifications, and pricing to that entity? *

☐ Yes

☐ No

*Response required

4.4. Response Time

4.4.1. Please describe your standard Response Time.*

*Response required

4.4.2. Please describe your plan to ensure you can meet the City's required response time for the start and completion of work orders received. *

*Response required

4.4.3. Please describe your plan to meet the TXDOT Road response time requirements…