Asphalt_Milling_and_Overlay_Services_with_IDIQ_Pricing_(Addendum_#1_Revision).pdf

City of Waxahachie

Asphalt Milling and Overlay Services with IDIQ Pricing

RFP-2026-7-2

RESPONSES ARE DUE TO PURCHASING PRIOR TO:

August 13, 2026, 10:00 am

NO LATE SUBMISSIONS WILL BE ACCEPTED

ELECTRONIC RESPONSES SUBMITTED THROUGH

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

FOR QUESTIONS CONCERNING THIS SOLICITATION PLEASE CONTACT:

Leila Cole , Purchasing Manager

Phone: (469) 309-4165 Email: lcole@waxahachietx.gov

Table of Contents

I. Introduction II. Respondent Instructions

III. Project Details IV. Evaluation Criteria V. General & Special Conditions

VI. Vendor Questionnaire & Submissions VII. Pricing Table

Attachments:

A - Qualification Statement of Surety - Blank

B - Payment Bond RFP 2026 – Asphalt Milling and Overlay Services with Project-Specific and

IDIQ Pricing

C - Performance Bond - RFP 2026 Asphalt Milling and Overlay Services with Project-Specific and

IDIQ Pricing

D - Sam.Gov Wage Rates - Ellis County - Highway Construction

E - FY26 Fall Project (Mill and Overlay) flat

1. Introduction

1.1. Summary

The City of Waxahachie is soliciting sealed proposals from qualified service providers

(“Contractor”) to furnish Asphalt Milling and Overlay Services under an annual contract. The contract will be awarded to one or two Contractors whose proposal(s) represent the best value to the City of Waxahachie. The City anticipates awarding the contract for immediate work and into the Fiscal Year 2027 (FY27) budget period, which begins October 1, 2026.

1.2. Background

Proposals must include pricing for Indefinite Delivery/Indefinite Quantity (IDIQ) services. It is anticipated that the Public Works Department will undertake one or two projects each fiscal year to provide milling, asphalt overlays, and related services. This bid would include a project to be issued immediately upon contract execution. Funding is contingent on City Council budget approval each year and, depending on needs, could range from $500,000 to $1,000,000. Each project will identify several streets that need asphalt rehabilitation, based on the budget and need. It is anticipated that there will be a fall and a spring project each year.

1.3. Contact Information

Leila Cole, Purchasing Manager

408 S Rogers

Waxahachie, TX 75165

(469) 309-4165 lcole@waxahachietx.gov

1.4. Timeline

Release Project Date: July 17, 2026

Pre-Proposal Meeting (Non-Mandatory): August 6, 2026, 10:00am

Virtual Teams Meeting

Teams Link:

https://teams.microsoft.com/meet/281773 25004241?p=Z4vqSeICjs6fANVkyO Meeting ID: 281 773 250 042 41

Passcode: aS9HC6oa

Dial In: 1-469-998-7643 Phone Conference ID 980 572 068# https://teams.microsoft.com/meet/28177325004241?p=Z4vqSeICjs6fANVkyO https://teams.microsoft.com/meet/28177325004241?p=Z4vqSeICjs6fANVkyO

Question Submission Deadline: August 10, 2026, 10:00am

Proposal Submission Deadline: August 13, 2026, 10:00am

Proposal Opening will begin at 10:15am Via Teams Audio Meeting

Dial In: 469-998-7643

Phone Conference ID: 126 555 066#

2. Respondent Instructions

2.1. Important Instructions for Electronic Submittals

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

Respondent can submit their electronic response to this solicitation, 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/282459 . The Respondent 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".

Please ensure the following items are included and completed before submitting your proposal:

1. Using the Vendor Submissions Section on OpenGov, answer all of the required questions provided.

2. Please complete the provided conflict of interest questionnaire and upload the completed document.

3. Please provide the company's most recent signed W-9.

4. Please use the pricing tables to propose the IDIQ pricing.

5. The final question on the Vendor Submissions Section is optional to provide any additional references, marketing material, or supporting documentation to justify the respondent's qualifications for this project for review with your submittal.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/waxahachie-tx/projects/282459 https://procurement.opengov.com/portal/waxahachie-tx/projects/282459

6. The Qualifications Statement of Surety Form provided in attachments must be completed by the surety and submitted to purchasing@waxahachietx.gov upon request after proposals are submitted.

2.2. Instructions to Respondents

This Request for Proposal (RFP- Best Value Proposal is Awarded) 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 10:00 am Central Time on Thursday, August 13, 2026. 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 SUBMITTAL – DO NOT OPENCity of Waxahachie – ATTN City Secretary – 3rd Floor

408 S Rogers St.

Waxahachie, TX 75165

Asphalt Milling and Overlay Services with IDIQ Pricing

Request for Proposal (RFP- Best Value Proposal is Awarded)RFP-2026-7-2

Submission Deadline: Thursday, August 13, 2026, 10:00 am Central Time

Contact the Purchasing Department with any Questions: 469-309-4176 or at

Purchasing@waxahachietx.gov

Company Name: ______________________________________________

Contact Name: _______________________________________________

Phone Number: _______________________________________________ mailto:purchasing@waxahachie.com https://procurement.opengov.com/portal/waxahachie-tx mailto:Purchasing@waxahachie.com

Pre-Proposal Meeting

Thursday, August 6, 2026 10:00 am

Virtual Teams Meeting Teams Link:

https://teams.microsoft.com/meet/28177325004241?p=Z4vqSeICjs6fANVkyO Meeting ID: 281

773 250 042 41 Passcode: aS9HC6oa Dial In: 1-469-998-7643 Phone Conference ID 980 572

068#

Solicitation Questions

Questions regarding this solicitation shall be submitted online using the OpenGov electronic bidding system or shall be emailed to the City’s Purchasing Manager at Purchasing@waxahachietx.gov with the solicitation number in the subject line no later than

10:00 am Central Time, Monday, August 10, 2026.

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 solicitation 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.

Solicitation Opening

There will be a public opening of the submittals on TEAMS Audio Meeting on Thursday, August

13, 2026 at 10:15am Central Time. 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.

Proposal Opening will begin at 10:15am Via Teams Audio Meeting

Dial In: 469-998-7643

Phone Conference ID: 126 555 066#

Qualifications Statement of Surety form - Upon Request

The Qualifications Statement of Surety Form provided in attachments must be completed by the surety and submitted to purchasing@waxahachietx.gov upon request after proposals are submitted.

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

2.3. 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 response most advantageous to the

City. The City reserves the right to enter into an agreement with a single award, split awards, non-award, or use any combination that best serves the interest, at the sole discretion of the

City. The City anticipates awarding the contract for an immediate project and into the Fiscal

Year 2027 (FY27) budget period, which begins October 1, 2026.

Any contract awarded in accordance with this solicitation 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 responses or any part thereof, waive immaterial errors, waive any irregularities or informalities in the submittal received, and award the contract in the best interest of the City.

Respondents shall promptly notify the City of any omissions, ambiguity, inconsistency, or error that they may discover upon examination of this solicitation. The City shall not be responsible or liable for any errors and/or misrepresentations that result from the solicitations which are inadvertently incomplete, ambiguous, inconsistent, or obviously erroneous.

Any submitted responses may be withdrawn, or a revised submission may be substituted prior to the submittal deadline. The solicitation documents submitted to the City cannot be altered, amended, or withdrawn by the Respondent after the submittal deadline, unless such alteration, amendment, or withdrawal notice is approved in writing by the Purchasing Manager.

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

Respondent or Respondent’s agent. Any ambiguity in the submittal as a result of omission, error, lack of clarity or noncompliance by the Respondent 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 Respondent will be bound thereby.

Contract Term

The City intends to enter into a contract with the awarded Contractor for a period of two (2) years with two (2) additional one (1) year term renewal options. The contract will automatically renew unless either party provides a written cancellation notice at least ninety (90) days before the active term end date. The contract pricing must be valid for at least the first full year of the contract.

Any price increases, when renewing the agreement, must be submitted to the City at least one hundred and twenty (120) days prior to a potential renewal. The price increase agreement must be signed by both parties and agreed upon before the price adjustment will be considered for any future invoices as well as the effective date of the increase. If there is a failure between the

City and Contractor to agree to the price adjustment request, this may result in a termination of the Contract.

Bond Requirements

Performance and Payment Bonds shall be submitted for each future project that exceed the following thresholds:

• Payment Bonds required for projects totaling $25,000 or more

• Performance Bonds required for projects totaling $100,000 or more.

The amount of the Performance and Payment Bonds shall each be in an amount equal to one hundred percent (100%) of each total project price, conditioned upon the faithful performance of the contract and upon payment of all persons supplying labor or furnishing materials, will be requested.

Bonds shall be submitted on the forms provided in the attachments, from an approved surety company holding a permit from the State of Texas to act as surety or other sureties acceptable to the Owner.

Contract Termination

If at any time, the successful Contractor fails to fulfill or abide by the terms, conditions, specifications, or performance requirements of this solicitation, or any contract awarded and entered pursuant thereto, the City reserves the right to deduct charges from 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 solicitation 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.

3. Project Details

3.1. Scope of Work

Projects will be scoped based on street condition, funding, and need.

3.1.1 Location

Projects will include a selection of asphalt-paved streets within the city limits of the City of

Waxahachie.

3.1.2 Estimated Quantities

The IDIQ Pricing Table in Section 7 represents the anticipated quantities and services to be provided with each project.

These quantities are estimates only.

3.1.3 Final Quotation

For pricing and evaluation, the IDIQ table in Section 7 is used only as a representation of a project and does not reflect an actual project.

Final street locations and quantities will be provided to the Contractor prior to finalizing each project for a final quote, based on the unit rates identified in the Pricing Table in Section 7.

3.1.4 Operational Requirements

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 Item 801.1 “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.

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.

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 <pwinvoices@waxahachietx.gov>

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 liquidated damages may be charged for unreasonable delays in accordance with Section 108.8 of the Standard Specification for Public

Works Construction, North Central Texas, 5th Edition amended August 2023 issue by NCTCOG.

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.

MISCELLANEOUS

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.

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 right-of-way, 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. 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.

B. 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. The Contractor shall not claim additional compensation for any delay due to the City exercising a right to inspect work performed or 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. While not anticipated, the 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.

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.

DELIVERY CHARGES

All delivery charges or fuel surcharge rates associated with delivery shall be included in the Pay price.

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.

SUBCONTRACTORS or VENDORS:

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

4. Evaluation 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 solicitation.

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 70 (70% of Total)

2. Experience and Qualifications

The company should be a well-established business with applicable experience.

Points Based 20 (20% of Total)

3. References

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

Points Based 10 (10% of Total)

5. General & Special Conditions

5.1. Standard Terms and Conditions

The obligations of the parties under a contract awarded through this solicitation will be performed in Ellis County, Texas. Exclusive venue shall be Ellis County, Texas, and any contract awarded under this solicitation 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/forms/conflict/. 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 solicitation process.

Prohibition of Boycott Israel: By submission of this solicitation 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.

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/forms/conflict/ https://www.ethics.state.tx.us/filinginfo/1295/ https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2271.htm

Prohibition of Boycott of Energy Companies: By submission of this solicitation 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) 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.

Prohibition of Discrimination Against Firearm Entities and Firearm Trade Associations: By submission of this solicitation 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 soliciation 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 City, and the City will not be liable for any obligation incurred by the Contractor.

Prevailing Wage Rates

The Contractor shall comply with the requirements of V.T.C.A., Government Code, Chapter

2258, and all applicable federal labor standards in the performance of this project. Prevailing wage rates applicable to this project are those published on SAM.gov and included with the project attachments. The Contractor shall pay all laborers, mechanics, and other covered workers not less than the applicable prevailing wage rates for the classifications of work performed. Overtime work and work performed on legal holidays shall be compensated at one and one-half (1½) times the applicable basic hourly rate, as required by law.

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2276.htm https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2274.htm

The City may require the Contractor to execute an affidavit certifying that all wages paid are in full compliance with the applicable prevailing wage requirements and that all wages have been or will be paid in accordance with the published wage determinations. The City reserves the right to interview the Contractor's and subcontractors' employees and to conduct compliance reviews as permitted under applicable state and federal law.

Upon written request by the City, the Contractor shall submit certified payroll records for all employees performing work on the project, including employees of the Contractor and all subcontractors. Each payroll submittal shall be certified by the Contractor as complete and accurate.

Any Contractor or subcontractor found to be in violation of V.T.C.A., Government Code, Chapter 2258, or applicable federal prevailing wage requirements may be subject to all penalties and remedies provided by law. A Contractor or subcontractor who pays less than the applicable prevailing wage rate is liable for the statutory penalty of sixty dollars ($60.00) for each laborer, worker, or mechanic for each calendar day, or portion thereof, that the worker is paid less than the required wage rate.

A Contractor or subcontractor that violates the prevailing wage requirements or these provisions may also be determined ineligible to bid on or receive additional work from the City during the calendar year following the year in which the violation occurred, as permitted by applicable law.

5.2. 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 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 addition 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 solicitation, 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 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 department contact that will be managing the contract.

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.

6. Vendor Questionnaire & Submissions

6.1. Authorized Respondent’s Information

6.1.1. 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

6.1.2. 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

6.1.3. Conflict of Interest Questionnaire*

Please download the document below and upload the completed questionnaire.

• Form_CIQ_(Conflict_of_Inter...

*Response required

6.2. Company Information

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

Please download the below documents, complete, and upload.

• Blank_W-9_2024.pdf https://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1798/07a52eb7-fa3b-431c-bff2-4635ee633b79_Form_CIQ_%28Conflict_of_Interest_Questionnaire%29_-_CIQ.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GOQMRCTZ%2F20260811%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260811T163031Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEPH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIQCJ9IkaIyhd1T%2BM6Pn%2BZ1j43Dy9%2F2%2FZFVCQ9xe6wPXtAwIge4u21rCZNznH5KxDWs140WsVlunzz0yQCN3GgjrYoMQqlQUIuv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDNx5%2BeYZAHoe6AUb6CrpBAe4I3OB3otTvinLHFn6%2BP%2FbvegwQLGWjcVdeM5A7NCjkzWEq9SORUuuTOBpu3Pn23D7MUM5NTSvAjOBmY7uHHf%2FpkHtauVq83o3sy8NYAEBNx3mKapqFBy96WB3dvI9X71VwJcJH4B0sJ395FWjHKpZ44oZdRIsk0pgoixIxRhbvHuBl%2BPeHU3KiRmNGqr3xzRhttteyHECBTTPObHmJvG6NQv3K5lzGaX4tn6K0TCBh6pyoGN0ptBPn0Ux79gih591v3y8kCRXwclJSc44jqKYAgny0i6i1WGinQ%2F9JxU1xz3led1LV%2B7raEbyzUpXvMR2bSLhOD4sN%2FtbpkcVUAKuAVVKX6VcQEVbgPVzG6w6nNydv90bpw4xZWNvPvF%2FtTGpvBMHpCUBnIodafu3ZWC%2BOSHXj%2FE0fvEZHMh8ld0zUFm4x9pWJi0az8Dms7cAZYktWqWOJr5bd%2FkKr8mjgIbbi9HbhMh5MHKJsPmyJ7sMRiMXqEpI093YGMV3yFUwDezhM6kCmicMLZar%2BzDzcGi9jLXYAjCKli2zjhmZ%2BBIJoNWLX%2BRG%2FbMwszj%2F0mOQjJQ%2BLAIbpQHOUM6O8bViqvrsjuiSbVgp8dERY0bkF0RE8oT%2F%2FCpaKEi1qYpkw%2F31WmOw%2BSUR5szOt0ku5d6x%2BnPyLE4Irn0ImWfUa6l3h3xYntUkqISZOiRoJ3%2B2Srduvq3xAzGI4D1pz0nQGKL3G4yEfhyhZkRUCy1MJmUqPcvR7Yz7oOxWTobgKBeNU9jcVvlQwajeE9lI%2BzufBeexiNe2%2Fhby6qAs7wv9gVMPimzwackbyvC58Y2iMIaZ7dMGOpkBhxLAkdy2Lu2hgPNV4te8kSHx5iS8CtyP5KoZFilJQVsaiK0KAtRU1LpjQCYnHmYDZ%2BSTv2anD3EY7mkU2DXpCMBTbJas63yBdkhTrXGb%2FPBWixrXcSn0Yqcy5pfp4l8tjqtwdCFHqAGaygEdrpeqOtc19Y1vVrxZDl%2FAADdk3T1gG5COHuI2NkHq4M7wWD3sOIzWYKoFp9Eg&X-Amz-Signature=4cc8f5a7f8f2eba44b41852add376769748f218f5534c065d8fcbd74b4b9e2c2&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://procure-now.s3.us-west-2.amazonaws.com/shared-sections/production/1798/e5cb081b-5538-4635-8db5-e27f194dc508_Blank_W-9_2024.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4GOQMRCTZ%2F20260811%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260811T163031Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEPH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIQCJ9IkaIyhd1T%2BM6Pn%2BZ1j43Dy9%2F2%2FZFVCQ9xe6wPXtAwIge4u21rCZNznH5KxDWs140WsVlunzz0yQCN3GgjrYoMQqlQUIuv%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FARACGgw4OTIzNjQ2ODc2NzIiDNx5%2BeYZAHoe6AUb6CrpBAe4I3OB3otTvinLHFn6%2BP%2FbvegwQLGWjcVdeM5A7NCjkzWEq9SORUuuTOBpu3Pn23D7MUM5NTSvAjOBmY7uHHf%2FpkHtauVq83o3sy8NYAEBNx3mKapqFBy96WB3dvI9X71VwJcJH4B0sJ395FWjHKpZ44oZdRIsk0pgoixIxRhbvHuBl%2BPeHU3KiRmNGqr3xzRhttteyHECBTTPObHmJvG6NQv3K5lzGaX4tn6K0TCBh6pyoGN0ptBPn0Ux79gih591v3y8kCRXwclJSc44jqKYAgny0i6i1WGinQ%2F9JxU1xz3led1LV%2B7raEbyzUpXvMR2bSLhOD4sN%2FtbpkcVUAKuAVVKX6VcQEVbgPVzG6w6nNydv90bpw4xZWNvPvF%2FtTGpvBMHpCUBnIodafu3ZWC%2BOSHXj%2FE0fvEZHMh8ld0zUFm4x9pWJi0az8Dms7cAZYktWqWOJr5bd%2FkKr8mjgIbbi9HbhMh5MHKJsPmyJ7sMRiMXqEpI093YGMV3yFUwDezhM6kCmicMLZar%2BzDzcGi9jLXYAjCKli2zjhmZ%2BBIJoNWLX%2BRG%2FbMwszj%2F0mOQjJQ%2BLAIbpQHOUM6O8bViqvrsjuiSbVgp8dERY0bkF0RE8oT%2F%2FCpaKEi1qYpkw%2F31WmOw%2BSUR5szOt0ku5d6x%2BnPyLE4Irn0ImWfUa6l3h3xYntUkqISZOiRoJ3%2B2Srduvq3xAzGI4D1pz0nQGKL3G4yEfhyhZkRUCy1MJmUqPcvR7Yz7oOxWTobgKBeNU9jcVvlQwajeE9lI%2BzufBeexiNe2%2Fhby6qAs7wv9gVMPimzwackbyvC58Y2iMIaZ7dMGOpkBhxLAkdy2Lu2hgPNV4te8kSHx5iS8CtyP5KoZFilJQVsaiK0KAtRU1LpjQCYnHmYDZ%2BSTv2anD3EY7mkU2DXpCMBTbJas63yBdkhTrXGb%2FPBWixrXcSn0Yqcy5pfp4l8tjqtwdCFHqAGaygEdrpeqOtc19Y1vVrxZDl%2FAADdk3T1gG5COHuI2NkHq4M7wWD3sOIzWYKoFp9Eg&X-Amz-Signature=61d11cc33288e34e8731af1966fbd909ebe7e33d16cc529f7d66dc42a6bbd7d1&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Blank_W-9_2024.pdf%22&x-id=GetObject

*Response required

6.2.2. Full Legal Company Name*

*Response required

6.2.3. Principal Place of Business Address*

*Response required

6.2.4. Principal Place of Business Phone Number*

*Response required

6.2.5. Company Website URL

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

Authorized Contact Provided)

6.2.7. Number of years in business working on similar types of project?* *Response required

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

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

☐ Yes

☐ No

*Response required

6.3. Cooperative Purchasing

6.3.1. 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

6.4. Experience & Qualifications

6.4.1. Please provide a summary of your experience and qualifications in Asphalt

Pavement Maintenance services.* *Response required

6.4.2. Please provide a list of your equipment that will be utilized in these services.* *Response required

6.4.3. Please describe your response time for standard services during normal business hours & in the event of an emergency when the City is in need of your services.*

*Response required

6.5. References

Please provide three (3) references who can verify the quality of service your company provides. The City prefers references from customers/governmental entities with a scope of work similar to the project mentioned in this solicitation in which the respondent has worked in the past three years.

• Company Name Work Was Completed For:

• Company Location:

• Time Period Service was Provided:

• Contact Person and Title:

• Phone:

• Email:

• Description of Contracted Services:

6.5.1. Reference 1*

*Response required

6.5.2. Reference 2*

*Response required

6.5.3. Reference 3*

*Response required

6.6. Claims and Suits

6.6.1. Has your organization ever failed to complete any work awarded to your company?* ☐ Yes

☐ No

*Response required

6.6.2. Are there any judgments, claims, arbitration proceedings, or suits pending or outstanding against your organization or its officers?*

☐ Yes

☐ No

*Response required

6.6.3. Has your organization filed any lawsuits or requested arbitration regarding awarded contracts within the last five years?

☐ Yes

☐ No

6.6.4. If you have answered "Yes" to any of the claim and suit questions, please provide supplemental information/documents here.

6.7. Additional Information from Respondent (Optional)

6.7.1. Please include any additional references, marketing material, or supporting documentation to justify the respondent's qualifications for this project for review with your submittal.

7. Pricing Table

INDEFINITE DELIVERY/INDEFINITE QUANTITY (IDIQ) SERVICES

Line Item Description Unit of

Measure Quantity Unit Cost Total

1 Cold Mill Existing Asphalt Pavement Square Yard 3,000

2 Furnish and Install 2” Type D Asphalt

Overlay Square Yard 3,000

3 Lime Treatment of Subgrade (6”

Depth) Square Yard 1,000

4 Flexible Base Repair (6” Depth) Square Yard 500

5 Full Depth Asphalt Pavement Repair

(2” Type D over 2” of Type B, Total 4”) Square Yard 500

6 Remove and Dispose of Spoil Material Cubic Yard 500

7 Traffic Control Lump Sum 1

8 Thermoplastic Pavement Markings (to match existing) Linear Feet 1,000

9 Adjust Valve Boxes/Manholes Each 10

10 Tack Coat Square Yard 3,000

11 Saw Cutting Linear Feet 500

12 Mobilization or General Conditions not otherwise specified Lump Sum 1

TOTAL