ESBD_396264_1739486343104_RFB 2025-019 Bid Package - Reduced.pdf

REQUEST FOR BID

RFB No. 2025-019

Purchase of Pickup Trucks for Water Utilities

Issue Date: February 14, 2025 All Questions Due: February 28, 2025, 5:00 P.M. CT

Bid Closing Date & Time: March 06, 2025, 2:00 P.M. CT

Bid Opening Date & Time: March 06, 2025, 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-6640, or christopherh@wacotx.gov

Pre-Bid Meeting (Non-Mandatory):

None Scheduled

RFB Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only

Zoom & Dial-In Information:

Please see Page 3

Purchasing Services Post Office Box 2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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BONFIRE ELECTRONIC BIDDING

The City of Waco is transitioning to Electronic Bidding, Proposals and Qualification (RFB/RFP & RFQ) submissions. These requests will be managed through the new City’s Data base system, Bonfire.

We ask vendors to register with Bonfire to access and respond to any advertisement for bids and services required by the City. Registration is secure and user friendly. Vendors can register at the link below. Once registered, vendors will be able to:

Register with the City of Waco.

Receive notifications for bids and services requests from the City.

Stay updated on changes, addendums, open solicitations.

Submit bids and proposals electronically.

Vendors can inquire about the details and requirements of various bidding opportunities.

The City will still accept bids and proposals by mail or drop off. Notifications of changes, addendums and updates will also be available on the City’s website as well as other media outlets the City uses for solicitations.

The City appreciates your participation. If you have questions during the electronic bid/proposal process, please contact the issuing buyer, whose contact information can be found in the solicitation document. You can also contact Bonfire with registration or customer support issues.

Website links to assist you: waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)

The City of Waco is committed to providing fair and equal opportunities for all vendors, especially those who face disadvantages in bidding and providing services to the City. The City collects and reports data on the MWBE status of vendors to the federal government as part of this effort. Vendors are asked to fill out the MWBE form and submit it with their offer when they respond to a bid or proposal solicitation.

The MWBE status helps the City ensure that small and disadvantaged businesses are included in the competitive solicitation process. However, the MWBE status does not determine the award of a contract.

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ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-BID

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

None Scheduled

BID OPENING

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITIONAL

INFORMATION:

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TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation II. Contact with City of Waco III. Definitions IV. Requested Services / Products V. Request For Bids – Submission and Award Procedures

Appendices A. Services/Products Bid Forms

(1) Pricing Form(s)

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Sales Tax Information

(3) House Bill 89 Energy Form

(4) House Bill 89 Firearms Form

(5) House Bill 89 Israel Form

(6) House Bill 1295 Information Sheet

(7) Foreign Terrorist Organization Form

(8) Protest Procedure

C. Forms to Complete and Return

(1) Submission of Bid/Proposal and Acknowledgment of Addenda

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City

Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) W-9 Form

D. Detailed Unit Specifications See Section for Individual Unit Specifications

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RFB No. 2025-019

Purchase of Pickup Trucks for Water Utilities

Please Register for Notification

REGISTER INTEREST

You have received a copy of the above-described Request document. If you would like to register your interest in this project so that you will receive any future notices or addenda concerning the project, please fill in the information requested below and fax this page to 254-750-8063. You may also scan this page and email to: christopherh@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

It is your responsibility to complete and return this form to the City. Failure to do so will result in your not receiving notices and addenda related to this project from the City of Waco.

Notices and addenda are posted on the City’s website and can be accessed at: waco-texas.com/bids

City of Waco Purchasing Services Post Office Box 2570

Waco, Texas 76702-2570 Telephone 254 / 750-8060

Fax 254 / 750-8063 waco-texas.com

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I. SCHEDULE FOR SOLICITATION

The proposed schedule of events is tentative and may be modified throughout the selection process at the discretion of the City of Waco.

Issuance of the RFB

Pre-Bid Meeting 10:00 a.m. CT

Deadline for Questions 5:00 p.m. CT

Bid Open & Close Date 2:00 p.m. CT

February 14, 2025

Via Zoom Video & Dial In None Scheduled

February 28, 2025

Via Zoom Video & Dial In March 06 ,2025

Tentatively, the final selection decision will be made, and submitters will be notified of award by, March 14, 2024. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

The contact person for this solicitation process is: Christopher Hanchard, Purchasing Agent who can be reached at:

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Contact someone other than the Purchasing Agent listed above, or his/her designated representative at the City of Waco concerning this solicitation may be grounds for removal from consideration.

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will also be made available through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

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III. DEFINITIONS

The following definitions apply to this document and the transaction between the City and the selected submitter unless otherwise designated in the context. Terms, which are singular, may include multiple, where applicable and when in the best interests of the City:

(1) “City” means and refers to the City of Waco, Texas.

(2) “Company” or “Firm” means and refers to any submitter, whether such submitter be a sole proprietor, corporation, company, partnership, company, or any other entity legally defined or recognized under the laws of the State of Texas.

(3) “Bid” or “Submission” refers to a response submitted to an RFB.

(4) “RFB” means and refers to a Request for Bid that will be awarded based on lowest responsible bid or best value to City of Waco.

(5) “Selected submission” means and refers to the submission sent to the City of Waco by the Selected Firm.

(6) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City Manager awards a contract for the services or commodities requested in this solicitation.

(7) “Solicitation” means an RFB issued by the City Waco seeking products or services described in the document.

(8) “Submitter” or “Vendor” or “Bidder” or “Contractor” means a firm that submits a response to a solicitation.

(9) “Contract documents” includes the RFB and all the Appendices attached to the RFB.

(10) “Day” means a calendar day unless otherwise specifically defined.

(11) "EV" means battery powered electric vehicle.

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

The City of Waco’s Water Utilities department is seeking vendors to procure five pickup trucks to support its operations. Individual unit specification requirements are detailed in Appendix D of this bid package. Vendors are required to provide estimated delivery times upon receipt of purchase order.

Additionally, the City is seeking electric vehicle (EV) options that meet or exceed the unit specifications. Vendors are encouraged to submit bids for EV alternatives where available. If no electric vehicle option is available, vendors must indicate "no-bid" in the electric vehicle category on the bid form.

(1) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

B. Terms Conditions & Requirements

In addition to the specifications for the Project, the attached Appendices include the City’s

Contract Requirements.

C. Duration of Services

The awarded units will be ordered immediately following City Council approval after the bid closing. Vendors must ensure timely delivery as indicated in their bid response to meet the operational needs of the Water Utilities department.

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D. Reservations by City:

The City of Waco reserves the right to reject any and all submittals. The issuance of this solicitation does not obligate the City to contract for expressed or implied services. The City of Waco will not reimburse vendors for any costs incurred during the preparation or submittal of responses to this solicitation.

(1) Furthermore, the City expressly reserves the right to:

(a) Waive any defect, irregularity, or informality in any submittal or procedure.

(b) Extend the solicitation closing time and date.

(c) Reissue this solicitation in a different form or context.

(d) Procure any item by other allowable means.

(e) Waive minor deviations from specifications, conditions, terms, or provisions of the solicitation, if it is determined that waiver of the minor deviations improves or enhances the City’s business interests under the solicitation; and/or

(f) Extend any contract when most advantageous to the City, as set forth in this solicitation.

(g) Retain all bids submitted and to use any ideas in a bid regardless of whether or not that bid is selected

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V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Vendors should submit their bids through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. Paper/Physical submissions will still be accepted and should include one (1) electronic copy (CD or Flash Drive) and (1) original and two (2) copies of their statements of qualifications on 8 ½ x 11 paper. These must be received by the date set out above in the Schedule of Solicitation for a submitting firm to be considered:

(2) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

1. Bids are to be submitted with a response on each item and the total extended. More than one (1) bid may be submitted on items that meet the specifications and the other RFB requirements.

2. Pricing is to be submitted on units of quantity Specified on the Pricing Form, with extended totals. In the event of a discrepancy in any extension total, the unit price shall govern and be binding for purposes of this RFB.

3. All prices included are to be submitted less Federal Excise and State of Texas Sales Taxes. A tax exemption certificate will be executed upon request. The City’s federal tax identification number is 1-74-6002468-4.

B. Completeness of Submission

(1) Vendors are responsible for examining and being familiar with all specifications, drawings, standard provisions, instructions, and terms and conditions of the solicitation and their responses.

(2) The vendor must attach all required forms with each submission copy. Forms must be signed by a representative of the vendor authorized to bind the vendor contractually. The vendor must include a statement identifying any exceptions to this RFB or declare that there are no exceptions taken to the RFB.

C. Bid Response Date and Location

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on XXX 16, 2024.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

If using U.S. Mail, note that U.S. Mail is initially received at Waco City Hall and then delivered to the office of Purchasing Services by a City courier. That delivery may occur a day or more after being received at Waco City Hall. Allow additional time in advance of the proposal due date for U.S. Mail delivery. If the Purchasing Office has not received the proposal by the stated deadline, the proposal will be returned unopened.

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All submissions shall be sent to the attention of the Purchasing Agent in a sealed envelope that is clearly marked on the outside as follows:

“RFB 2025-019 Purchase of Pickup Trucks for Water Utilities” Bid Opening: 2:01 P.M. (Central Time) on XXX 29, 2025

Vendors accept all risk of late delivery bids regardless of instance or fault. A bid received after the submission deadline will not be considered and will be returned unopened to the submitter.

Vendors accept all risks of delivery.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

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D. Modification to or Withdrawal of Submission

Submissions cannot be altered or amended after the submission deadline passes. Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the bid price. The modification should provide the addition, subtraction, or other modifications so that the final prices or terms will not be revealed to the City until the sealed bid is opened.

(2) The written modification may be submitted by electronic transmission (fax or email or personal delivery to Purchasing Agent identified earlier in this document. The written modification must be received by the City prior to the closing time.

(3) If the modification is submitted through an electronic transmission (fax or email), the City must receive an original of the modification document signed by the bidder and submitted to a delivery company (UPS, FedEx, etc.) prior to the bid closing time. If the original of the modification was not submitted to a delivery company prior to the closing time or is not received within three (3) days after the closing time of the bid, consideration will not be given to the modifications provided in the electronic transmission.

A submission may also be withdrawn by providing the notice in person by a representative of the vendor who can provide proof of his authority to act for the vendor. The representative will be required to execute a receipt reflecting the submission is being withdrawn. If a submission is withdrawn before the submission deadline stated herein, the vendor may submit a new sealed bid provided the new bid is received prior to the closing date and time deadline stated on the cover page and in the Schedule for the Solicitation. This provision does not change the common law right of a submitter to withdraw a submission due to a material mistake in the submission.

E. Submission Validity Period

A submission responding to this RFB signifies the vendor’s agreement that the submission and the content thereof, are valid for ninety (90) days following the submission deadline unless otherwise agreed to in writing by all parties. The submission may become part of the contract that is negotiated between the City and the successful vendor.

F. Vendor’s Cost to Develop Submission

Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

G. References

The City reserves the right to request that a vendor provide references.

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H. Method of Award and Evaluation of Factors [x in box shows applicable]

(1) For this solicitation, the City will award the contract to the:

Lowest responsible bidder

Bidder who provides goods or services at the best value for the City.

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid plus any selected alternatives provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) If the contract is bid with alternatives, the City reserves the right to select any combination of alternatives and will then compare all bids using the selected alternatives.

If the amount of the bids exceeds the funds available to finance the contract, the City may (i) reject all bids or (ii) may award the contract based on the base bid with such deductions as produces a net total which is available within the available funds.

(3) Best Value:

(a) In determining best value for the City, the City may consider:

1. The purchase price.

2. The reputation of the bidder and of the bidder’s goods or services.

3. The quality of the bidder’s goods or services.

4. The extent to which the goods or services meet the municipality’s needs.

5. The bidder’s past relationship with the municipality.

6. the impact on the ability of the municipality to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities.

7. the total long-term cost to the municipality to acquire the bidder’s good or services;

and

8. any relevant criteria specifically listed in the request for bids or proposals

(b) Compliance with all bid requirements, delivery and needs of the City are considerations in evaluating bids. The City of Waco reserves the right to contact any offer or, at any time, to clarify, verify or request information with regard to any bid.

(4) During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from bidders.

I. Contract Award and Execution

The final contract must be awarded and approved by the Waco City Council if the amount of the contract will exceed $50,000.00. If the contract is for less than that amount, depending on the amount, the contract may be executed by the City Manager, an Assistant City Manager, department head or director.

X

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

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BID FORM FOR RFB 2025-019

PURCHASE OF PICKUP TRUCKS FOR WATER UTILITIES

BASE BID PAYMENT ITEMS (GASOLINE VERSIONS)

ITEM NO. DESCRIPTION EST. QTY. BASE PRICE + UPFIT TOTAL

DEALERS ARE ENCOURAGED TO SUBMIT ELECTRIC VEHICLE VERSIONS OF THE

REQUESTED UNITS IN THE BASE BID. THESE WILL REPLACE BASE BID ITEM

ITEM NO. DESCRIPTION EST. QTY.

FIRM NAME: BY (SIGNED):

TITLE:

ADDRESS:

UNIT 402: 1/.2 TON PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 404: 1/.2 TON PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 717: 1/.2 TON PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 716: 1/.2 TON PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 792: 1/.2 TON PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 402: 1/.2 TON EV PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 404: 1/.2 TON EV PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 717: 1/.2 TON EV PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 716: 1/.2 TON EV PICKUP W/LIGHTING UP\FIT 1 EA

UNIT 792: 1/.2 TON EV PICKUP W/LIGHTING UP\FIT 1 EA

BASE PRICE + UPFIT TOTAL

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TOTAL:

TOTAL:

Contractor acknowledges and agrees that the official TOTAL AMOUNT OF BID is determined by multiplying the unit bid prices by the respective estimated quantities shown in this bid proposal and then totaling all of the extended amounts. Extended amounts SHOULD NOT be rounded up or down. All dollar amounts should be either written legibly or typed. Any mistakes should be rewritten and initialed by the Contractor.

DETAILED UNIT REQUIREMENTS LISTED IN APPENDIX D

APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) Sales Tax Information

(3) House Bill 89 Energy Form

(4) House Bill 89 Firearms Form

(5) House Bill 89 Israel Form

(6) House Bill 1295 Information Sheet

(7) Foreign Terrorist Organization Form

(8) Protest Procedure

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APPENDIX B.(2)

Additional Terms and Conditions for Commodities and Products

(a) Recycled Products: Bidders are encouraged to offer products that are produced with recycled materials, where appropriate, unless otherwise requested in the specifications.

(b) Prices Quoted: Bidder is to quote its lowest and best price F.O.B. Destination on each item to shipping locations in Waco, Texas, unless otherwise specified in the RFB.

Pricing shall include packaging, transportation, unloading, and any trade and cash discounts, which may be taken if earned. Bids must be firm, unless a bidder believes it necessary to base its price on price adjustment, then such a bid may be considered but only as an alternate bid. Pricing is to be submitted on units of quantity specified with extended totals. In the event of a discrepancy in any extension total, the unit prices shall govern and be binding for purposes of this RFB. Pricing must be entered on the bid sheet in ink or typewritten.

(c) Price Discrepancy. In the case of a discrepancy between the unit price and the extended total for a bid item, the unit price will prevail. The unit prices of bids that have been opened may not be changed for the purpose of correcting an error in the bid price.

Bidders will be allowed to withdraw bids that contain substantial mathematical errors in extension.

(d) Delivery Terms and Transportation Charges: F.O.B. destination Waco, Texas, unless delivery terms, and costs, are specified in the Vendor’s bid. City shall have the right to designate what method of transportation shall be used to ship the goods.

(e) Title & Risk of Loss; Delivery & Transportation Charges: The title and risk of loss of the goods shall not pass to City until City actually receives and takes possession of the goods at the point or points of delivery. Delivery shall be F.O.B. destination Waco, Texas, unless delivery terms, and costs, are specified in Vendor's bid. City shall have the right to designate what method of transportation shall be used to ship the goods.

(f) Shipment Under Reservation Prohibited: Vendor is not authorized to ship the goods under reservation and no tender of a bill of lading will operate as a tender of goods.

(g) Vendor Responsible For Packaging Goods: The vendor will package goods in accordance with good commercial practice. Vendor shall bear cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform with requirements of common carriers and any applicable specifications.

City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. Each shipping container shall be clearly and permanently marked as follows:

1. Vendor's name and address;

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2. The City of Waco, applicable department, address and purchase order or purchase release number and the supply agreement number (if applicable);

3. Container number and total number of containers, e.g., box 1 of 4 boxes; and

4. The number of the container bearing the packing slip.

(h) Right of Inspection: City shall have the right to inspect the goods at delivery before accepting them.

(i) No Replacement of Defective Tender: Every tender or delivery of goods must fully comply with all provisions of this contract as to the method and place of delivery, quality and the like. If a tender is made which does not fully conform, this will constitute a breach and Vendor will not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Vendor may reasonably notify City of his intention to cure and may then make a conforming tender within the contract time but not afterward.

(j) Special Tools & Test Equipment: If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Vendor for the purpose of filling this order, such special tooling equipment and any drawings or related documents thereto shall become the property of the City and to the extent feasible shall be identified by the Vendor as such.

(k) Warranty-Price: The price to be paid by the City shall be that contained in Vendor's bid which Vendor warrants to be no higher than vendor's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Vendor breaches this warranty, the prices of the items shall be reduced to the Vendor's current prices on orders by others, or in the alternative, reduced to the Vendor's current prices on orders by others, or in the alternative, City may cancel this contract without liability to Vendor for breach or Vendor's actual expense.

(l) Warranty for Product: The Vendor shall not limit or exclude any implied warranties, and any attempt to do so shall render this contract voidable at the option of the City.

(m) Safety Warranty: Vendor warrants that the product sold to City shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA). In the event the product does not conform to OSHA standards, City may return the product for correction or replacement at the Vendor's expense. In the event Vendor fails to make the appropriate correction within a reasonable time, correction made by City will be at Vendor's expense.

(n) Invoicing & Payments: Vendor shall submit separate invoices, in duplicate, on each purchase order or purchase release after each delivery. Invoices shall indicate the purchase or purchase release number and the supply agreement number if applicable.

Invoices shall be itemized and they shall list transportation charges, if any, separately. A

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Payment shall not be due until the above instruments are submitted after delivery.

(o) Force Majeure: In the event performance by Vendor of its obligations under this Agreement shall be interrupted or delayed by or as a consequence of a fire, flood, severe weather, or other act of God, war, insurrection, civil disturbance, or act of state, the Vendor shall be excused from such performance for the period of time such occurrence shall have lasted or such period as is reasonably necessary to rebuild or take other action necessary to resume performance. The period of time reasonably necessary to rebuild or take other action necessary to resume performance shall be as determined by the agreement of the parties, which agreement shall be negotiated and arrived at in good faith.

Vendor shall notify the Contact Person or Contract Administrator of any matter covered above, the occurrence of which interferes or threatens to interfere with the performance of any of its obligations under the bid. Upon such notice, the Vendor and the City shall consult and cooperate as to measures which may be taken to overcome the interference or as to alternative measures which may be undertaken by the parties with a view to the continued performance of the bid agreement.

(p) Cancellation: City shall have the right to cancel for default all or any part of the undelivered portion of the contract if Vendor breaches any of the terms hereof including warranties of Vendor. Such right of cancellation is in addition to and not in lieu of any other remedies that City may have in law or equity.

(q) Termination: City may terminate the contract for convenience for any reason.

Termination of work hereunder shall be effected by the delivery to the Vendor of a "Notice of Termination" specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective.

Vendor shall be paid for completed work/deliveries that satisfy all of the requirements of contract documents. Such right of termination is in addition to and not in lieu of the rights of City set forth elsewhere in the contract documents.

(r) Sustained Damages: In the event the City terminates the awarded contract for breach or any other reason, the Vendor shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Vendor or otherwise, and the City may withhold any payments to the Vendor for the purpose of an offset until such time as the amount of damages due the City from the Vendor can be determined.

(s) Modifications and/or Alternate Submission

1. Definitions:

i. Modifications. A Modification shall mean a limited change to the specifications or part(s) of the solicitation. Example: an item is specified in the color blue;

however, blue is not available but gray or white can be supplied. The basic

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ii. Alternate Submission. An Alternate Submission shall mean a major or complete change to a Specification or provisions of the solicitation that substitute for the item or terms as specified. Example: A 3\4 ton 2 wheel drive vehicle is specified, but a submission is made suggesting that a one-ton 4x4 vehicle will be an equal.

Such a large variance from the original specification will be considered an Alternate Submission.

2. The purpose of this solicitation is for the City of Waco to purchase equipment and/or services as specified and controlled by this solicitation. Any Modifications and/or Alternate submissions to the specifications stated in this solicitation must be in writing, attached to, and submitted with the submission documents. Absence of noted Modifications and/or Alternate submission will be interpreted to mean that the item/service quoted is in exact accordance with all of the solicitation provisions.

3. If a Modification to a specification or term is submitted, the submitter should clearly state that and identify the specification or term that the submitter seeks to modify. Failure to clearly state the Modification shall be interpreted to mean the item/service quoted is in exact accordance with all solicitation provisions.

4. If a submitter makes an Alternate submission to the solicitation, the submitter should be very clear in stating whether the intent is to comply with the City’s specification if the Alternate submission is not accepted. In the Alternate submission, the submitter shall clearly state the difference between the Alternate submission and the City’s specification or terms. Failure to clearly state the difference in the Alternate submission shall be interpreted to mean the item/service quoted is in exact accordance with all solicitation provisions.

5. A submitter which is NOT making a submission based on the exact specified equipment, or services, is required to furnish with the submission a complete detailed description and specifications of each item upon which being submitted, supported by the manufacturer's catalog, photographs, guarantee, complete name, and/or any other pertinent information.

6. An Alternate submission item must reflect the general appearance, design, dimensions, or color of the item specified, and must be of equivalent materials, function, quality, construction, performance and suitability of the item(s) specified within the solicitation documents.

7. Approval of an Alternate submission item and/or service remains with the City and the City’s decision in all cases is final.

8. A submission that has been opened may not be changed for the purpose of correcting an error in the price nor to submit Modifications and/or Alternate submission.

9. Samples of specified items or Alternate submission items, if required, shall be furnished free of expense to the City, and if not used or destroyed in examination and testing, will be returned to the submitter, if requested, at the submitter's expense. High value or high cost items will not be required for submittal and/or testing. However, information will be required that will allow the City to perform an adequate evaluation of a proposed product.

This may include supplying references (names, phone numbers, etc.) of current owners of

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TEXAS SALES TAX EXEMPTION INFORMATION

Under section 151.309 of the Texas Tax Code, the City of Waco is exempt the payment of sales tax. In addition, when the City contracts with a third party to make certain improvements to real property, purchases of materials/consumable items that are physically incorporated into that real property are also exempt from sales tax. In other words, materials and supplies that are entirely consumed or used up on a construction job for the City of Waco can be purchased without paying state and local sales tax. Items qualifying for this exemption must be used up entirely on a job for the City of Waco.

To claim this exemption, a contractor purchasing materials and supplies (as the buyer of the materials and supplies) will have to complete a Texas Sales and Use Tax Exemption Certification form to submit to the seller at the time of the purchase. The exemption form is available on the Texas Comptroller website at:

http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf

(The City of Waco will provide an executed exemption certification to the contractor awarded a construction contract to assist in making claim for the sales tax exemption for materials to be used under that contract.)

In completing the exemption form, a contractor will:

(1) list itself as the purchaser, not the City of Waco;

(2) fill in the name and required information about the seller;

(3) describe the item being purchased or attached order or invoice – the only items included must be items that will be entirely consumed or used in the project for the City of Waco;

(4) state reason for claiming the exemption (suggested wording – “Taxable item purchased for use under contract to improve realty for exempt organization, namely the City of Waco, Texas, for Project or Job No. ___” or “Materials/supplies will be used entirely in an exempt contract for the City of Waco, Texas, for Project or Job No. ___”).

The state statutes and rules related to sales tax can be accessed from the Texas Comptroller website:

http://www.window.state.tx.us/taxinfo/sales/

State statutes regarding sales tax can be found in Texas Tax Code Chapter 151 at:

http://statutes.capitol.texas.gov/Docs/TX/htm/tx.151.htm

Rules related to sales tax in the Texas Administrative Code can be found at:

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_plo c=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291 34 TAC Section 3.291 in Subchapter O deals specifically with Contractors.

The above information is being provided to assist contractors and is therefore general in nature. It is not a substitute for advice from the contractor’s attorney or accountant.

PLEASE SIGN AND RETURN WITH BID

RFB 2025-019 PURCHASE OF PICKUP TRUCKS FOR WATER UTILITIES Page 22 of 59 http://www.window.state.tx.us/taxinfo/taxforms/01-forms.html http://www.window.state.tx.us/taxinfo/taxforms/01-339.pdf http://www.window.state.tx.us/taxinfo/sales/ http://statutes.capitol.texas.gov/Docs/TX/htm/tx.151.htm https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=3&rl=291

VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002

State law requires verification from a Company for contracts (which includes contracts formed through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott energy companies; and

2. Company will not boycott energy companies during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company:

(A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A); and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

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ATTACHMENT A

By signing below, Contractor hereby verifies that Section 2274.002 does not apply to this contract due to the following (check all that apply):

☐ Contractor is a sole proprietor; or

☐ Contractor has less than 10 full-time employees; or

☐ Contract value is for less than $100,000.00.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

RFB 2025-019 PURCHASE OF PICKUP TRUCKS FOR WATER UTILITIES Page 24 of 59 through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

2. Company will not discriminate during the term of the contract against a firearm entity or firearm trade association.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) " Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with or without a projectile;

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit ;

(3) "Discriminate against a firearm entity or firearm trade association":

(A) means, with respect to the entity or association, to:

(i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association;

(ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or

(iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and

(B) does not include:

(i) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and

(ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship:

(aa) to comply with federal, state, or local law, policy, or regulations or a directive

RFB 2025-019 PURCHASE OF PICKUP TRUCKS FOR WATER UTILITIES Page 25 of 59 by a regulatory agency; or

(bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association;

(4) "Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases;

(5) "Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine;

(6) "Firearm entity" means:

(A) a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and

(B) a sport shooting range as defined by Section 250.001, Local Government Code;

(7) "Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that:

(A) is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual;

(B) has two or more firearm entities as members; and

(C) is exempt from federal income taxation under Section 501(a), Internal Revenue

Code of 1986, as an organization described by Section 501(c) of that code.

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By signing below, Contractor hereby verifies that Section 2274.002 does not apply to this contract

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

through purchase orders) involving goods or services: (1) between a government entity and a

Company with 10 or more full-time employees, and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity.

By signing below, Company hereby verifies the following:

1. Company does not boycott Israel; and

2. Company will not boycott Israel during the term of the contract.

PRINT COMPANY NAME:

SIGNED BY:

Print Name & Title:

Date Signed:

The following definitions apply to this state statute:

(1) "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes;

and

(2) "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit.

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VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE SECTION 2271.002

By signing below, Contractor hereby verifies that Section 2271.002 does not apply to this contract

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INFORMATION ABOUT FORM 1295 DISCLOSURE

Beginning January 1, 2016, a business entity entering into a contract which is approved by the Waco City Council for services, goods or other property to be used by the City of Waco was required to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website. A Form 1295 may also be required if a contract with the City is changed, amended, extended, or renewed.

House Bill 1295 found in Texas Government Code Chapter 2252 requires a “business entity” that:

(1) enters into a contract which must be approved by the Waco City Council

(2) for services, goods or other property

(3) to be used by the City of Waco to complete a Certificate of Interested Parties Form 1295 on the Texas Ethics Commission website.

"Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. It includes for-profit and non-profit entities. A contract with an individual is not a contract with a business entity. A Form 1295 is not required for contracts with a publicly traded business entity, including a wholly owned subsidiary of the business entity.

The Texas Ethics Commission has adopted rules to implement the law and adopted the Certificate of Interested Parties form (Form 1295). The Commission states that it does not have any additional authority to enforce or interpret House Bill 1295 (approved in 2015).

Form 1295 requires disclosure of interested parties (a) who have a controlling interest in a business entity with whom the government entity contracts or (b) who actively participate in facilitating a contract or negotiating the terms of a contract (such as a broker, advisor, or attorney for business entity) if the person receives compensation from the business entity (but is not an employee of the entity) and communicates directly with the governmental entity regarding the contract. A person has a controlling interest if the person: (1) has an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock, or otherwise that exceeds 10 percent;

(2) has membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or (3) serves as an officer of a business entity that has four or fewer officers, or serves as one of the four officers most highly compensated by a business entity that has more than four officers.

Filing Process:

The Texas Ethics Commission has made the filing Form 1295 available on its website as an electronic form at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

A business entity entering into a contract for services, goods or other property with the City of Waco must use that website application to enter the required information on Form 1295 and then print or download a copy of the form. The printed Form 1295 will have unique certification number assigned by the Commission in the upper right part of the Form. An authorized agent of the business entity must sign a printed copy of the Form. The executed Form 1295 must be filed with the City of Waco.

The form can be scanned and emailed to the City, faxed to the City, mailed to the City, or delivered to the City. The City is then required to notify the Commission using the Commission’s website that the Form 1295 has been received by the City. The information from the completed Form 1295 will then be posted on the Commission’s website.

2018/01/18 Form 1295 Information

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CERTIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2252

By signing below, Contractor acknowledges that effective September 1, 2017, the City is required to comply with Section 2252.151, Subchapter F of the Texas Government Code, enacted by Senate Bill 252 (85th Texas Legislature). The Code requires the Texas Comptroller to prepare and maintain a list of companies known to have contracts with or provide supplies or services to a foreign terrorist organization. Further, the law prevents a governmental entity from entering into a contract with a company that is identified on the list prepared and maintained by the Texas Comptroller.