CSP_6100_CLMB348A_BID_DOC_v1.pdf

COMPETITIVE SEALED PROPOSAL

FOR

2026 IDIQ CHILLED WATER

CONSTRUCTION IN THE ROW

REISSUE

SOLICITATION NO.: CLMB348A

VOLUME 1 OF 2

C.I.P. PROJECT NUMBER: 6020.119

CITY OF AUSTIN

Austin Financial Services Capital Procurement

PROJECT MANUAL

VOLUME 1 of 2

CIP ID No.: 6020.119

City of Austin 2026 IDIQ Chilled Water Construction in the ROW Reissue

Engineering:

Stantec Consulting Services, Inc.

1905 Aldrich Street, Suite #300 Sean Kirby, PE #139085 Austin, Texas 78723 07/14/2026

Solicitation Requirements, Contract Forms and Conditions of the Contract

Rev. 10/30/23 Table of Contents - CSP Page 1 of 5

COMPETITIVE SEALED PROPOSAL

Table of Contents

00020CSP: INVITATION FOR PROPOSALS

(10/01/23)

1. Overview and Project Information

2. Contract Type

3. Term of the Contract

4. Contract Amount

5. Solicitation Documents

6. Submission of Proposal

7. Vendor Registration and Non-Discrimination

8. MBE/WBE Procurement Program

9. Anticipated Selection Schedule

10. Bid Guaranty

11. Bonds and Insurance

12. Wage Compliance

13. Contract Time

14. Owner’s Rights

15. Pre-Proposal Meeting

16. Anti-Lobbying and Procurement

17. Authorized Contact Persons

00100CSP: INSTRUCTIONS TO OFFERORS

(09/21/23)

1. Preparation of Proposals

2. Minimum Wages

3. Estimate of Quantities (Unit Price Contracts)

4. Drawings, Project Manual and Site(s) of Work

5. Bid Guaranty

6. Performance and Payment Bonds

7. Opening of Proposals

8. Withdrawal of Proposals

9. Rejection of Responses

10. Submission of Post Proposal Information

11. Release of Information

12. Award and Execution of Contract

13. Protest Procedures

14. Signature Requirements

15. Texas Ethics Commission Interested Parties

Disclosure Form

16. ROCIP Requirements

17. Partnering

00101CSP: EVALUATION CRITERIA (10/01/23)

PROPOSAL FORM & SUPPLEMENTS TO PROPOSAL

00300CSP: Proposal Form (02/24/22) eResponse Total Proposal Form (04/03/20) 00400CSP: Statement of Experience

Attachment A (03/01/17) Attachment B (03/01/17) Attachment C (03/01/17) Attachment D (03/01/17) Attachment D1 (03/01/17)

00405: Certificate of Non-Suspension or Debarment (03/30/18)

00410.ALT: Statement of Safety Experience (09/21/23) 00440: Prohibited Activities (09/01/25)

AGREEMENT

00500CSP: Agreement (02/04/20)

BONDS & CERTIFICATES

00610: Performance Bond (02/04/20) 00620: Payment Bond (02/04/20) 00630: Nondiscrimination Certificate (10/22/19) 00631: Title VI Assurances Appendix A (03/30/18) 00632: Title VI Assurances Appendix E (03/30/18) 00650: Certificate of Insurance (06/08/18) 00670: Sales Tax Exemption (01/11/19) 00680: Non-Use of Asbestos Affidavit (Prior to

Constr.) (03/30/18) 00681: Non-Use of Asbestos Affidavit (After Constr.)

(03/30/18)

GENERAL CONDITIONS & SUPPLEMENTARY

CONDITIONS

00700: General Conditions (10/03/25) 00810CSP: Supplemental General Conditions (10/01/24) 00830: Wage Rates & Payroll Reporting (08/17/26) 00830BC: Wage Rates Building Construction (08/17/26) 00830HH: Wage Rates Heavy Highway (08/17/26) 00830WT: Wage Theft Employer Certification (10/01/23) 00840: Construction Training Program Req.

(05/30/25) 00900CSP: Addendum (05/10/21)

Solicitation ATTACHMENT 1. Submitting Offers online using eResponse (06/09/23)

Rev. 10/30/23 Table of Contents - CSP Page 2 of 5

SPECIFICATIONS

Division 1 - General Requirements

01010CSP 08/28/2020 Summary of Work 01020CSP 05/19/2025 Allowances 01050 10/19/2015 Grades Lines & Levels 01095 07/21/2003 Reference Standards and Definitions 01100CSP 03/01/2017 Special Project Procedures 01200 05/06/2022 Project Meetings 01300 05/06/2022 Submittals 01310 10/10/2024 Schedules and Reports 01353 04/29/2020 Construction Equipment Emissions Reduction Plan 01380 04/14/2023 Construction Photography & Videos 01500 05/09/2025 Temporary Facilities 01505 08/12/2019 Construction and Demolition Waste Management 01550 08/09/2012 Public Safety and Convenience 01600 06/28/2016 Product Substitutions 01700 09/18/2015 Contract Closeout 01730 08/08/2015 Operation and Maintenance Data 01900 03/12/2012 Prohibition of Asbestos Containing Materials 01900A 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A

Prior to Design) 01900B 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A

After Design)

City Standard Technical Specifications

110S 11/18/2004 Street Excavation 210S 02/24/2010 Flexible Base 301S 08/20/2007 Asphalts, Oils, and Emulsions 306S 02/24/2010 Prime Coat 307S 02/24/2010 Tack Coat 340 03/20/2024 Hot Mix Asphaltic Concrete Pavement 360S 09/26/2012 Concrete Pavement 402 09/13/2022 Controlled Low Strength Material 403 04/14/2025 Concrete for Structures 406S 09/26/2012 Reinforcing Steel 430S 11/15/2011 P.C. Concrete Curb and Gutter 432S 01/04/2010 Portland Cement Concrete Sidewalks 434S 11/13/2007 Concrete Medians and Islands 480S 04/04/2012 Concrete Paver Units for Sidewalks and Streetscape Requirements 485S 11/13/2007 Concrete Paver Units for Sidewalk Ramps 501 03/01/2022 Jacking or Boring Pipe 503 11/07/2022 Frames, Grates, Rings and Covers 506 02/22/2021 Manholes 509S 09/26/2012 Excavation Safety Systems 510 06/02/2025 Pipe

Rev. 10/30/23 Table of Contents - CSP Page 3 of 5

610 04/14/2025 Preservation of Trees and Other Vegetation 628S 12/31/2013 Sediment Containment Dikes 632S 11/26/2001 Storm Inlet Sediment Trap 648S 03/01/2022 Mulch Sock 700S 09/26/2012 Mobilization 703 09/22/1988 Fencing for Excavations 802S 09/14/2021 Project Signs 803S 11/15/2011 Barricades, Signs and Traffic Handling 824S 02/24/2010 Traffic Signs 860S 09/26/2012 Pavement Marking Paint 862S 05/05/2003 Temporary Removeable Pavement Markings 863S 09/26/2012 Reflectorized Pavement Markers 871S 06/21/2007 Reflectorized Pavement Markings

Special Provisions to City Standard Technical Specifications

SP110S 02/27/2025 Street Excavation SP210S 02/27/2025 Flexible Base SP340 05/22/2025 Hot Mix Asphaltic Concrete Pavement SP360S 02/27/2025 Concrete Pavement SP501S 07/14/2026 Jacking or Boring Pipe SP506 02/27/2025 Manholes SP509S 07/14/2026 Excavation Safety Systems SP510 07/14/2026 Pipe SP803S 03/13/2024 Barricades, Signs and Traffic Handling

Special Specifications

Division 1 – General Requirements

SS04150 10/01/2024 Contaminated Soil and Water

Division 2 – Site Construction

SS02426 02/27/2024 Low Density Cellular Grout

Division 9 – Finishes

SS09900 06/09/2021 Coating for Carbon Steel Pipe and Fittings

Division 23 – Mechanical

SS230190 02/12/2026 Pipe Inspections Internal SS230524 07/14/2026 General-Duty Valves for HVAC piping-ROW SS232113 03/13/2024 Hydronic Piping SS232114 07/14/2026 Pre-Insulated Chilled Water Piping SS232115 12/08/2025 Hydronic Piping Hot Taps SS232500 03/13/2024 Chilled Water Flush & Chemical Treatment

Rev. 10/30/23 Table of Contents - CSP Page 4 of 5

Division 26 – Electrical

SS260533 03/13/2024 Raceways and Boxes

DETAILS

City Standard Details

430S-1 09/29/1999 Curb and Gutter Section 432S-1 03/26/2008 Sidewalk 480S-7 11/18/2004 Concrete Paver Replacement at Utility Excavation 610S-1 11/19/1999 Tree Protection Fence Locations 610S-2 11/15/1999 Tree Protection Fence Type A – Chain Link 610S-3 11/15/1999 Tree Protection Fence Type B – Wood 610S-4 11/15/1999 Tree Modified Fence Type A – Chain Link 610S-5 11/15/1999 Tree Modified Fence Type B – Wood 610S-6 03/13/2006 Slope Protection and Tree Wells 628S 03/27/2000 Triangular Sediment Filter Dike 632S-1 03/27/2000 Storm Inlet Sediment Trap 648S-1 08/24/2010 Mulch Sock 804S-1 01/04/2011 Arterial One Lane Closure 804S-3 03/13/2006 Temporary Traffic Control Pavement Markings 804S-4 04/03/2009 Safety Fence 804S-6A 02/21/2001 Low Profile Concrete Barrier Type 1 (Portable and Precast) 1100S-1 01/04/2010 Casting Adjustment 1100S-2 01/04/2011 Flexible Base With Asphalt Surface Trench Repair-Existing Pavement 1100S-3 09/14/2005 Asphalt Overlay of Reinforced & Nonreinforced PC Pvt. – Trench

Repair 1100S-3A 05/05/2003 Asphalt Overlay of Nonreinforced PC Pavement – Trench Repair 1100S-4 12/09/2008 Temporary Trench Repair – Asphalt Surface 1100S-5 09/14/2005 Full Depth Asphaltic Concrete Pavement Trench Repair 1100S-6B 09/14/2005 Excavations Parallel to the Curb 1100S-6D 09/14/2005 Transverse Excavations 1100S-7 09/14/2005 Street Repair Requirements

Austin Energy Standard Details

R1 06/09/2021 Standard Trench Detail R1A 06/09/2021 Standard Trench Detail R2 06/09/2021 Air Release Valve Assembly R3 06/09/2021 Communication Vault R3A 06/09/2021 Communication Vault R4 06/09/2021 Communication Conduit Innerduct R5 06/09/2021 Chilled Water Connection – General Layout R6 06/09/2021 Valve Box Detail R6A 06/09/2021 Valve Box Frame R7 06/09/2021 Valve Box Cover – Supply R8 06/09/2021 Valve Box Cover – Return R9 06/09/2021 32” Cast Iron Ring Detail R10 06/09/2021 32” Cast Iron Cover Detail

Rev. 10/30/23 Table of Contents - CSP Page 5 of 5

R11 06/09/2021 Typical Casing Spacer Detail R12 06/09/2021 Pipe Penetration Through Exterior Wall R13 06/09/2021 Air Release Valve Assembly Lid and Frame R14 06/09/2021 Hot Tap Saddle Welding Detail Using Reinforcing Pad R15 06/09/2021 Hot Tap Using Tapping Tee with Gate Valve R16 06/09/2021 Gear Operator/Valve Box Connection Detail Factory Extension Shaft R16A 06/09/2021 Gear Operator/Valve Box Connection Detail Manufactured Stem

Extension (not for existing construction) R17A 06/09/2021 Full Encirclement Hot Tap Welding Detail R17B 06/09/2021 Full Encirclement Hot Tap Welding Detail

VOL. 2 of 2 04/2020 MBE/WBE Procurement Program 2-9A Construction Compliance Plan Packet (CSP)

END

Proposal Requirements, Contract Forms and Conditions of the Contract

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 1 of 6

INVITATION FOR PROPOSALS

Section 00020CSP

1. OVERVIEW AND PROJECT INFORMATION

The City of Austin (City), hereafter referred to as Owner, desires to select a General

Contractor on the basis of Competitive Sealed Proposals (CSP). This solicitation complies with applicable City Policy and state of Texas law, including Texas Government Code Title 10, Subtitle D, Chapter 2269. Owner will select the successful Offeror that offers the best value to the City based on the published Evaluation Criteria and on its final ranking.

Below is a summary of information related to this Solicitation. Offerors are cautioned to refer to all other sections of the Project Manual, Drawings, Solicitation Documents, Clarifications and/or Addenda for further details. Evaluation Criteria are specified in Section

00101CSP.

Owner is requesting sealed written Proposals for furnishing all labor, materials, equipment, supervision, incidentals and performing all Work required for the following Project:

Project: 2026 IDIQ Chilled Water Construction in the ROW Reissue

Located at: Austin, Texas

CIP ID No.: 6020.119

Solicitation No.: CLMB348A

The Work consists of chilled water construction in the right of way. This includes: provision of pipe, pipe repair, leak investigation, piping hot taps, excavation, tunneling, or boring as required for pipe installation, along with all required casing spacers, tunnel supports, tunnel safety provisions, tunnel dewatering, traffic control provisions including barricades, signage, and safety fencing, valve boxes with traffic rated lids, valve operator stem extensions;

butterfly valves and gear operators; air elimination assemblies to include buried traffic-rated enclosure and lid, 2 riser piping, concrete base, shutoff ball valves, automatic air release devices, and associated piping tees and fittings; sediment containment, tree protection, CLSM, pea gravel and grouting, pipe wall penetration seals; assisting Owner's chemical testing company; soil compaction; street, curb, and sidewalk repair, communications manholes, with inner duct, raceways, and hooks for communications fiber optic cabling, installation of fiber optic cabling, removal of excavated materials and spoils; along with associated appurtenances and services.

Contractor(s) shall be responsible for providing all labor, materials, tools, instruments, supplies, equipment, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals, and quality control necessary to perform construction management and construction work and/or repairs to chilled water construction in the right of way.

The Work Assignments will define the Work by applicable Statements of Scope, Drawings and

Specifications, and other details and the Contract Amounts will be determined by using the Unit Prices included in Proposal Form 00300CSP and other criteria described in the Contract Documents. Any individual Work Assignments may require the coordination of and performance by multiple trades and disciplines.

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 2 of 6

2. CONTRACT TYPE

A Work Assignment will be issued to the CONTRACTOR for each specific Work Assignment location. The Work Assignment will include project location, Contract Time, engineering design documents, and other required documentation. The Contract Documents consist of all the applicable City of Austin standard details and specifications with the understanding that full design documents will be provided with each Work Assignment.

When required by Owner, the CONTRACTOR will be required to meet the OWNER in the field to discuss details of each potential Work Assignment. The final scope of the Work Assignment will be determined at that time and, if additional details are desired, the CONTRACTOR must request them at that time.

3. TERM OF THE CONTRACT

The Contract will be for an Initial Term of twenty-four (24) months, with two (2) possible twelve (12) month extension options. Extension of the Contract will be at the mutual agreement of both the OWNER and the CONTRACTOR. If the CONTRACTOR chooses not to renew, a hold over extension of the Contract term for up to 120 calendar days may be implemented by the OWNER to allow time for re-bidding. The OWNER reserves the right not to offer an extension. Work Assignments may be issued at any time during the term of the

Contract. Work Assignments not completed by the expiration date of the Contract are subject to the terms and conditions of the Contract which will continue in full force and effect.

4. CONTRACT AMOUNT

The Contract Amount will not exceed ten million dollars ($10,000,000) for the initial Contract Term and five (5) million dollars ($5,000,000) for each extension option for a total potential Contract Amount not to exceed twenty (20) million dollars ($20,000,000) if all options are exercised. The contract has a potential Contract period of four (4) years as approved by Council or until funds are expended. This agreement does not in any way guarantee payment by Owner to Contractor of any of the above amount. In the event available funding during a term has been expended, the City may initiate the early execution of an available extension option. Funding may be increased subject to the availability of funds and further approval of the Austin City Council.

The CONTRACTOR’s proposal amount is stated on Proposal Form (00300CSP) under Base Proposal and will only be used for the purpose of the comparison and evaluation of Proposals. The OWNER will subsequently issue Work Assignments based on the OWNER’s needs, up to the aggregated Contract Amount of twenty million dollars ($20,000,000), subject to further appropriations.

Each Work Assignment must be substantially and/or finally completed within the Contract

Time established by the OWNER for each Assignment. The OWNER will consult with the CONTRACTOR regarding the duration of each Work Assignment, but the OWNER will have the ultimate discretion on the duration of the Assignment, which shall be reasonably determined.

Work must continue through successive Working Days and approved working hours.

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 3 of 6

5. SOLICITATION DOCUMENTS

Proposal Documents are obtained through the City’s Austin Finance Online website, log on https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm . A complete set of Proposal Documents, including all sections of the Project Manual and Drawings, are included in the attachments section of each solicitation.

All addenda and answers to Proposers’ questions will also be posted in the attachments section for each solicitation on the City’s Austin Finance Online website.

6. SUBMISSION OF PROPOSAL

The Offeror must submit Proposals electronically via Austin Finance Online (see Solicitation

Attachment 1 – Submitting Offers online using eResponse).

Public Proposal Opening Update

Capital Procurement will NOT conduct an in-person Proposal Opening. Price Offers will be available on Austin Finance Online at 3:00 PM (Austin Time) on the date proposals are due.

ALL PROPOSALS AND COMPLIANCE PLANS ARE DUE PRIOR TO 2:00 PM (Austin time) on October 15, 2026. PROPOSALS WILL OPEN AT 3:00 PM (Austin time) on October 15, 2026.

ALL PROPOSALS AND COMPLIANCE PLANS NOT RECEIVED PRIOR TO THE DATE AND

TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time of record is the time received in Austin Finance Online.

7. VENDOR REGISTRATION AND NON-DISCRIMINATION

All Prime Contractors and all Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their

Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto and follow directions:

https://financeonline.austintexas.gov/afo/account_services/registration/registration_user.cfm

The City of Austin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Proposers that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit Proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

8. MBE/WBE PROCUREMENT PROGRAM

All City procurements are subject to the City’s Minority-Owned and Women-Owned Business Enterprise Procurement Program found at Chapter 2-9-A of the City Code, as amended. The

Program provides Minority-Owned and Women-Owned Business Enterprises (MBEs/WBEs) or Disadvantaged Business Enterprises (DBEs) full opportunity to participate in all City contracts. Goals for MBE/WBE or DBE participation are stated for each solicitation.

Information on achieving the goals or documenting good faith efforts to achieve the goals are contained in the MBE/WBE Procurement Program Package or DBE Procurement Program

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 4 of 6

Package attached to the solicitation. When goals are established, Proposers are required to complete and return the MBE/WBE or DBE Compliance Plan (Appendix A) and Confirmation

Letters (Appendix C) with their Proposal. If a Compliance Plan is not submitted prior to the date and time set forth in the solicitation, the Proposal will not be accepted for consideration.

9. ANTICIPATED SELECTION SCHEDULE

The evaluation, ranking, and negotiations for selection of the prime contractor for this project is anticipated to be completed and submitted to the Austin City Council for action by Early 2027.

If Owner is unable to negotiate a satisfactory contract with the top-ranked firm within 45 calendar days, Owner will formally end negotiations with that firm in writing and may proceed to the next offeror in the order of the selection ranking, until a contract is reached or all negotiations end. The Owner, in its complete discretion, may elect to extend the time for negotiations with any firm for an additional period of time.

10. BID GUARANTY

All Proposals shall be accompanied by an acceptable Bid guaranty in an amount of not less than five percent (5%) of the total Proposal, as specified in Section 00100CSP, Instructions to Offerors.

11. BONDS AND INSURANCE

Performance and payment bonds when required shall be executed on forms furnished by OWNER. Each bond shall be issued in an amount of one hundred percent (100%) of the Contract Amount by a solvent corporate surety company authorized to do business in the

State of Texas and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

Minimum insurance requirements are specified in Section 00810, Supplemental General Conditions.

12. WAGE COMPLIANCE

Minimum wage rates have been established and are specified in Section 00830, Wage Rates and Payroll Reporting.

13. CONTRACT TIME

Contract Time is of the essence and all Work Assignments shall be completed within the number of days specified in the Notice to Proceed.

Work under this Contract will be issued as individual Work Assignments, as defined within Supplemental General Conditions, Section 00810CSP. In addition, Work to be performed is generally outlined in the Summary of Work, Section 01010. Work duration and designations of substantial and/or final completion will be specific to each Work Assignment. Failure by the CONTRACTOR to satisfy the substantial/final completion requirements of any Work

Assignment may be cause to stop issuance of further Work Assignments. The CONTRACTOR shall note that there may be multiple individual Work Assignments active at any given time.

Work contained within individual Work Assignments will vary based on the scope of Work. An individual Work Assignment may designate a substantial and/or final completion date.

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 5 of 6

Liquidated damages are two thousand one hundred dollars ($2,100) per Calendar Day for failure to substantially complete the work and eight hundred dollars ($800) per

Calendar Day for failure to achieve final completion within thirty (30) Calendar Days after substantial completion, in accordance with the Proposal Form, Section 00300CSP.

In addition, the CONTRACTOR will be required to have someone available and on-call at all times during the Contract to provide emergency on-call services as discussed in Section 01010, Summary of Work - Emergency Response and Section 01100, “Special Project Procedures”. A CONTRACTOR who fails to meet the emergency response obligations of this Contract may be found in breach of this Contract.

14. OWNER’S RIGHTS

OWNER reserves the right to reject any or all Proposals and to waive any minor informality in any Proposal or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Proposal).

15. PRE-RESPONSE MEETING

A non-mandatory Pre-Response Conference will be held on Wednesday, September 9, 2026 at 10:00 AM CST, via webinar and teleconference. Bidders may participate in the virtual pre-response conference by clicking this link:

https://teams.microsoft.com/meet/279856705410417?p=a3v8ZHa6yNjB8ci5ow Meeting ID: 279 856 705 410 417

Passcode: Gm73vM9N or by calling +1 512-831-7858 United States, Austin (Toll), Conference ID: 517 926 860#. For those calling in, please send an email to jon.plum@austintexas.gov with the subject line CLMB348A, indicate in the body of the email your name, the firm you are representing, your contact information and whether you are a prime firm or subcontractor. Please send this by 5:00 pm on the day of the virtual pre-response meeting.

Offeror must virtually arrive and sign-in via Microsoft Forms by either using the QR code which will be displayed on the introduction slide or by clicking on the provided link that will be posted into the live stream question and answer field. If you have trouble accessing the link or QR code please send an email to jon.plum@austintexas.gov providing the following information: Your name, email address, the firm you are representing, whether you are a prime firm or subcontractor, and also indicate if your firm is a MBE/WBE or DBE. If the Pre-Response Conference is mandatory, Offerors must sign into the meeting using one of the methods above within fifteen (15) minutes of the scheduled start time of the meeting, otherwise the Offeror will not be allowed to submit a Proposal for the project.

16. ANTI-LOBBYING AND PROCUREMENT

On June 14, 2018, the Austin City Council adopted Ordinance No. 20180614-056 replacing Chapter 2.7, Article 6 of the City Code relating to Anti-Lobbying and Procurement. The policy defined in this Code applies to Solicitations for goods and/or services requiring City Council approval under City Charter Article VII, Section 15 (Purchase Procedures). The City requires Offerors submitting Offers on this Solicitation to certify that the Offeror has not in any way directly or indirectly had communication restricted in the ordinance section 2-7-104 during the No-Lobbying Period as defined in the Ordinance. The text of the City Ordinance is posted on the Internet at:

https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614-056.pdf

Rev. Date 10/01/23 Invitation for Proposals / 00020CSP Page 6 of 6

17. AUTHORIZED CONTACT PERSONS

The persons listed below may be contacted for information regarding the Invitation for

Proposal.

PROJECT MANAGER: Nelson Esike, phone 512-974-1563, email nelson.esike@austinenergy.com

CAPITAL PROCUREMENT CONTACTS: Jon Plum, phone 512-978-1340, email jon.plum@austintexas.gov

Megan Bowles, Phone 512-974-1404, Email megan.bowles@austintexas.gov

SMALL & MINORITY BUSINESS RESOURCES DEPARTMENT CONTACT: Keisha Houston, phone 512-974-7738, email keisha.houston@austintexas.gov

Rev. 09/21/2023 Instructions to Offerors/00100CSP Page 1 of 14

INSTRUCTIONS TO OFFERORS

Section 00100CSP

1. PREPARATION OF PROPOSALS

1.1 Proposal Documents. Each Proposal should be prepared simply and economically, providing a straightforward, concise description of the Offeror’s ability to meet the requirements of this solicitation. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the City’s (Owner’s) needs.

Offeror shall also comply with proposal requirements of Section 00101CSP, Evaluation Criteria including page number limitations.

1.2 Vendor Registration. All Prime Offerors must be registered to do business with OWNER prior to submitting Proposals electronically via Austin Finance Online. All Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto https://financeonline.austintexas.gov/afo/account_services/registration/registration_user.cfm and follow the directions.

1.3 Modifications to Proposal. Proposals may be modified in writing at any time prior to the due date and time. The person signing the Proposal shall initial any modifications to the Proposal.

1.4 Professional Services. Offeror shall secure any required services that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas Government Code (for example: registered professional land surveyors, professional architects and professional engineers) using the qualifications-based selection process prescribed by that Chapter. (Note: It is a violation of State Law to solicit Bids for professional services.)

1.5 Sales Tax Exemption. The Owner is a tax-exempt organization as defined by Chapter 11 of the Property Tax Code of Texas. Proposed prices shall not include sales tax on materials, supplies, or equipment that are incorporated into the real property interest of the Owner or are otherwise completely used and consumed in the performance of the Contract. Owner will furnish Contractor with a Sales Tax Exemption Certificate to be issued to Suppliers in lieu of the tax.

1.6 Addenda. Offeror shall be knowledgeable of all Addenda issued and shall acknowledge all Addenda in spaces provided on proposal form. Further information regarding the Solicitation Documents and the Project may be obtained from the City’s Project Manager or Contract Procurement Representative listed in Section 00020CSP, Invitation for Proposals.

1.7 Required Items. Offers must include all specified items in this section and be submitted in accordance with Section 00101CSP, Evaluation Criteria.

1.8 Disclosure of Proprietary Information. All materials submitted to Owner become public property and are subject to the Texas Public Information Act, Government Code Chapter 552, upon receipt. If Offeror does not desire proprietary information in the Proposal to be disclosed, each page must be identified and marked “proprietary” at time of submittal. Owner will, to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to what information must be disclosed, however, lies with the Texas Attorney https://financeonline.austintexas.gov/afo/account_services/registration/registration_user.cfm

Rev. 09/21/2023 Instructions to Offerors/00100CSP Page 2 of 14

General. Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request.

1.9 Costs of Preparing Proposal. All costs directly or indirectly related to preparation of a Proposal to this Solicitation or any oral presentation required to supplement and/or clarify a Proposal, which may be required by Owner, shall be the sole responsibility of the Offeror.

1.10 Further Information. References to Purchasing Officer in these instructions are referring to the City’s Chief Procurement Officer or designee. Prospective Offerors desiring further information or interpretation of Project Manual or Drawings must make a written request for such information to OWNER addressed to the Authorized Contact Person listed in Section 00020CSP, Invitation for Proposals no later than seven (7) working days before Proposal submittal due date and time. Interpretation of Solicitation Documents will be made by Addendum only and a copy of each Addendum is available through the City’s Vendor Connection website. Log on to the site below and follow directions as required:

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm.

1.11 Legal Status of Offeror. Documentation Showing Legal Status of Respondent, Signature Authority. The response and any subsequent supporting documents and the Contract must be executed in the respondent’s full name and legal entity status by an authorized representative of the respondent and a response must be accompanied by sufficient documentation to clearly indicate not only the legal name and entity status of respondent, but also the capacity and authority of the person signing on behalf of respondent. Accordingly, along with its response, a partnership/joint venture must submit its partnership/joint venture agreement, a corporation must submit its articles and bylaws, a limited liability company must submit its certificate of organization and article of organization and regulations, and a limited partnership must submit not only its limited partnership agreement and the certificate of limited partnership, but also the documentation for its general partner, or such limited portion of such documents reasonably establishing legal status and signature authority. In addition, a respondent must submit a copy of any assumed name certificate.

A respondent submitting a response as a joint venture must identify itself as a joint venture in its initial response. A joint venture respondent is required to submit its joint venture agreement with its response. The joint venture agreement must, at a minimum, address the following: joint venture’s management and control, liability, fiduciary responsibilities, authority to legally bind the joint venture to its response, as well as a detailed breakdown of the roles and responsibilities of the parties to the joint venture with regard to the work to be performed under the Contract. A response submitted by a joint venture or by one of the parties to a prospective joint venture, that does not include the required documentation concerning the respondent’s joint venture arrangement with its response, will be rejected as nonresponsive.

The joint venture must provide its tax identification number and certificate of insurance prior to execution of the agreement as provided in the solicitation.

1.12 Anti-Lobbying and Procurement. Article 6, Chapter 2-7, City Code, repealed and replaced effective on June 25, 2018, prohibits lobbying activities or representations by respondents or offerors during the No Lobbying Period as defined in the Ordinance. The text of the City Ordinance is posted on the Internet at:

https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614- 056.pdf https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm

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1.12.1 Findings; Purpose.

(A) The council finds that persons who enter a competitive process for a city contract voluntarily agree to abide by the terms of the competitive process, including the provisions of this article.

(B) The council finds that it is in the City's interest:

(i) to provide the most fair, equitable, and competitive process possible for selection among potential vendors in order to acquire the best and most competitive goods and services; and

(ii) to further compliance with State law procurement requirements.

(C) The council intends that:

(i) each response is considered on the same basis as all others; and

(ii) respondents have equal access to information regarding a solicitation, and the same opportunity to present information regarding the solicitation for consideration by the City.

1.12.2 Applicability.

(A) This article applies to all solicitations except:

(i) City social service funding;

(ii) City cultural arts funding;

(iii) federal, state or City block grant funding;

(iv) the sale or rental of real property;

(v) interlocal contracts or agreements; and

(vi) solicitations specifically exempted from this article by council.

(B) Absent an affirmative determination by the council, the purchasing officer has the discretion to apply this article to any other competitive process.

(C) City Code Section 1-1-99 (Offenses; General Penalty) does not apply to this article.

1.12.3 Definitions.

In this article:

(A) AGENT means a person authorized by a respondent to act for or in place of the respondent in order to communicate on behalf of that respondent. Each of the following is presumed to be an agent:

(i) a current full-time or part-time employee, owner, director, officer, member, or manager of a respondent;

(ii) a person related within the first degree of consanguinity or affinity to a current fulltime or part-time employee, owner, director, officer, member, or manager of a respondent;

(iii) a person related within the first degree of consanguinity or affinity to the respondent, if a respondent is an individual person; and Section 0200 V2, Solicitation Instructions 4 Rev. 06-26-2018

(iv) a lobbyist, attorney, or other legal representative of the respondent that has been retained by the respondent with respect to the subject matter of either the solicitation or the respondent’s response to the solicitation.

(B) AUTHORIZED CONTACT PERSON means a City employee designated in a City solicitation as the point of contact for all purposes for that solicitation.

(C) CITY EMPLOYEE is defined in Section 2-7-2 (Definitions), and further includes an independent contractor hired by the City with respect to the solicitation.

(D) CITY OFFICIAL is defined in Section 2-7-2 (Definitions).

(E) NO-LOBBYING PERIOD means the period of time beginning at the date and time a solicitation is published and continuing through the earliest of the following:

(i) the date the last contract resulting from the solicitation is signed;

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(ii) 60 days following council authorization of the last contract resulting from the solicitation; or

(iii) cancellation of the solicitation by the City

(F) PURCHASING OFFICER means the City employee authorized to carry out the purchasing and procurement functions and authority of the City.

(G) RESPONSE means a written offer or submission in reply to a solicitation.

(H) RESPONDENT means a person or entity that has timely submitted or subsequently timely submits a response to a City solicitation, even if that person subsequently withdraws its response or has been disqualified by the City for any reason. Respondent includes:

(i) a subsidiary or parent of a respondent;

(ii) a joint enterprise, joint venture, or partnership with an interest in a response and in which a respondent is a member or is otherwise involved, including any partner in such joint enterprise, joint venture, or partnership; and

(iii) a subcontractor to a respondent in connection with that respondent's response.

(I) SOLICITATION means an opportunity to compete to conduct business with the City that requires council approval under City Charter Article VII Section 15 (Purchase Procedure), and includes, without limitation:

(i) an invitation for bids;

(ii) a request for proposals;

(iii) a request for qualifications;

(iv) a notice of funding availability; and

(v) any other competitive solicitation process for which the purchasing officer, in the purchasing officer’s sole discretion, affirmatively determines this article should apply in accordance with Section 2-B.

1.12.4 Restriction on Lobbying.

Subject to the exclusions in Section 5 (Permitted Communications), during a no-lobbying period,

(A) a respondent or an agent shall not communicate directly with a City official or a City employee, or both in order to:

(i) provide substantive information about any respondent or response with respect to the solicitation to which the communication relates;

(ii) encourage the City to reject one or more of the responses to the solicitation to which the communication relates;

(iii) convey a complaint about the solicitation to which the communication relates; or

(iv) ask any City official or City employee to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action on any vote, decision, or agenda item regarding the solicitation to which the communication relates.

(B) a City official shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies;

(C) a City employee, other than the authorized contact person, shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies.

1.12.5 Permitted Communications.

The following communications are permitted under this article at any time:

(A) any communication between a respondent or agent and any authorized contact person, including, without limitation and in accordance with regulation, any complaint concerning the solicitation;

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(B) any communication between a respondent or agent and any person to the extent the communication relates solely to an existing contract between a respondent and the City, even when the scope, products, or services of the current contract are the same or similar to those contained in an active solicitation;

(C) any communication between a respondent or an agent and a City employee to the extent the communication relates solely to a non-substantive, procedural matter related to a response or solicitation;

(D) any communication required by or made during the course of a formal protest hearing related to a solicitation;

(E) any communication between a respondent or an agent and the City’s Small & Minority Business Resources Department, that solely relates to compliance with Chapters 2-9A through 2-9D (Minority-Owned and Women-Owned Business Enterprise Procurement Program) of the City Code;

(F) any communication between an attorney representing a respondent and an attorney authorized to represent the City, to the extent the communication is permitted by the Texas Disciplinary Rules of Professional Conduct;

(G) any communication made by a respondent or an agent to the applicable governing body during the course of a meeting properly noticed and held under Texas Government Code Chapter 551 (Open Meetings Act);

(H) any communication between a respondent or an agent and a City employee whose official responsibility encompasses the setting of minimum insurance requirements for the solicitation to which the communication relates, to the extent the communication relates solely to the insurance requirements established by the City in the solicitation; and

(I) any contribution or expenditure as defined in Chapter 2-2 (Campaign Finance).

1.12.6 Modification of Restriction.

The purchasing officer may waive, modify, or reduce the requirements in Section 4 (Restrictions on Lobbying) in order to allow respondents to communicate with a City employee or a City official other than the authorized contact person when the purchasing officer determines, in writing, that the solicitation must be conducted in an expedited manner, including but not limited to a solicitation conducted for reasons of health or safety under the shortest schedule possible with no extensions. Any such modification authorized by the purchasing officer shall be stated in the solicitation.

1.12.7 Notice.

(A) Each solicitation shall include a notice advising respondents and prospective respondents:

(i) of the requirements of this article;

(ii) that any communication initiated by a City employee or City official, other than the authorized contact person, during the no-lobbying period regarding a response or the solicitation may result in a violation of Section 4(A) if the respondent subsequently lobbies that City employee or City official.

(B) The purchasing officer, or a City employee designated by the purchasing officer, shall provide weekly written notice, accessible to all City employees and City officials, of each solicitation for which the no-lobbying period is in effect.

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1.12.8 Disclosure of Violation.

A City official or a City employee other than the authorized contact person that becomes aware of a violation of Section 4 (Restrictions on Lobbying) shall notify the authorized contact person in writing as soon as practicable.

1.12.9 Enforcement.

(A) A respondent that has been disqualified pursuant to Section 10(A) (Disqualification; Contract Voidable) may appeal such disqualification to a subcommittee that is less than a quorum of the Ethics Review Commission established in Chapter 2-7, Article 2 (Ethics Review Commission), whose decision on appeal shall be final and binding. Any appeal must be filed in the manner prescribed by the Ethics Review Commission within 5 calendar days of the notice given by the purchasing officer pursuant to Section 10(B).

(B) The purchasing officer shall waive a violation of Section 4(A) if the violation was solely the result of communications initiated by a City official or a City employee other than the authorized contact person.

(C) The purchasing officer has the authority to enforce this article through rules promulgated in accordance with Chapter 1-2 (Adoption of Rules), which at a minimum shall include a notice and protest process for respondents disqualified pursuant to Section 10 (Disqualification;Contract Voidable), including:

(1) written notice of the disqualification imposed pursuant to Section 10 (Disqualification;Contract Voidable);

(2) written notice of the right to protest the disqualification imposed; and

(3) written notice of the right to request an impartial hearing process.

1.12.10 Disqualification; Contract Voidable.

(A) If the purchasing officer finds that a respondent has violated Section 2-7- 104(1), the respondent is disqualified from participating in the solicitation to which the violation related.

(B) The purchasing officer shall promptly provide written notice of disqualification to a disqualified respondent.

(C) If a respondent is disqualified from participating in a solicitation as a result of violating Section 2-7-104(1) and the solicitation is cancelled for any reason, that respondent is also disqualified from submitting a response to any reissue of the same or similar solicitation for the same or similar project. For the purposes of this section, the purchasing officer may determine whether any particular solicitation constitutes a “same or similar solicitation for the same or similar project”.

(D) If a respondent violates Section 104(1) and is awarded a contract resulting from the solicitation to which the violation relates, the City may void that contract.

(E) Respondents that violate Section 2-7-104(1) three or more times during a five year period may be subject to debarment from participating in any new contracts with the City for a period of up to three years.

1.13 City’s Minority-Owned and Women-Owned Business Enterprise (MBE/WBE) Program Requirements.

Good Faith Efforts. When an Offeror cannot achieve the MBE/WBE goals or subgoals established for the project, the bidder must document its Good Faith Efforts to meet the goals or subgoals. Good Faith Effort evaluations will consider, at a minimum, the offeror’s efforts to do the following:

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.1 Soliciting through at least two reasonable, available and verifiable means MBEs/WBEs within the Significant Local Business Presence boundaries at least seven (7) business days prior to the bid opening date to allow the MBEs/WBEs to respond to the bid.

.2 Providing interested MBEs/WBEs adequate information about the bid documents and requirements, including addenda, in a timely manner to assist them in responding to the bid.

.3 Negotiating in good faith with interested MBEs/WBEs that have submitted bids to the bidder.

.4 Publishing notice in a local publication such as a newspaper, trade association publication or via electronic/social media.

.5 Not rejecting MBEs/WBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

.6 Making economically feasible portions of the work available to MBE/WBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/WBE subcontractors and suppliers, so as to facilitate meeting the goals or subgoals.

.7 The ability or desire of the bidder to perform the project work with its own organization does not relieve the bidder of the responsibility to make Good Faith Efforts.

.8 Offerors are not required to accept higher quotes in order to meet the goals or subgoals.

.9 Effectively using the services of Minority Person/Women community organizations;

Minority Person/Women Contractors groups; local, state and federal Minority Person/Women business assistance offices; and other organizations to provide assistance in solicitation and utilization of MBEs, WBEs and/or DBEs.

.10 In assessing minimum Good Faith Efforts, the Owner may consider (1) whether the bidder sought guidance from the City of Austin Small and Minority Business Resources Department (SMBR) on any question regarding compliance with these requirements; and (2) the performance of other offerors in meeting the goals.

For additional information, refer to the MBE/WBE Compliance Program Requirements Volume of the Project Manual.

Bid shopping is not allowed in conjunction with this solicitation and may result in the disqualification of prospective Offerors and subcontractors.

2. MINIMUM WAGES

Workers on the Project shall be paid not less than wage rates, including fringe benefits, as published by the Department of Labor (DOL) for Building Construction and Heavy and Highway Trades “AS APPLICABLE” and/or the minimum wage required by City of Austin Ordinance No.

20160324-015, whichever is higher. The Total Minimum Wage required can be met using any

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3. ESTIMATE OF QUANTITIES (UNIT PRICE CONTRACTS ONLY)

Quantities, if any, listed in Proposal Form are to be considered as approximate and will be used only for comparison of Proposals. Payment to Contractor will be made only for actual quantities of Work performed or materials furnished in accordance with Contract and it is understood that quantities may be increased or decreased as provided in Section 00700, General Conditions, and as may be modified by Section 00810, Supplemental General Conditions.

4. DRAWINGS, PROJECT MANUAL AND SITE(S) OF WORK

Before submitting a Proposal, Offeror shall carefully examine the Proposal Documents, site(s) of the proposed Work, soils, and other conditions that may affect the performance of the Work to satisfy the Offeror as to character, quality and quantities of the Work to be performed and materials to be furnished. Submission of a Proposal shall indicate that Offeror has complied with these requirements. If during preparation of the Proposal, the Offeror discovers any suspected discrepancies or errors, the Offeror must immediately notify the Authorized Contact Person in writing of the suspected discrepancy or error. Failure to provide written notice of any suspected discrepancies or errors may be cause for rejection of Proposal.

5. BID GUARANTY

All Proposals shall be accompanied by a Bid guaranty in an amount of not less than five percent (5%) of the total Proposal. Bid guaranty will be a Bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER. Bid Guaranties will be verified by the Owner prior to award and will not be returned to Offerors.

6. PERFORMANCE AND PAYMENT BONDS

When performance and/or payment bonds are required, each shall be issued in an amount equal to the Assignment Agreement Amount as security for the faithful performance and/or payment of all Contactor’s…