ESBD_428300_1750088087677_RFB 2025-043 Bid Package.pdf

City of Waco, Texas Request for Bid

RFB No. 2025-043 Chapel Road Widening Improvements

Ritchie Road to Meadow Mountain Dr.

Issue Date: June 16, 2025 Questions Due: July 10, 2025, 5:00 P.M. CT

Bid Closing Date & Time: July 16, 2025, 2:00 P.M. CT Bid Opening Date & Time: July 16, 2025, 2:01 P.M. CT

For Information Contact:

Paul Campos, Purchasing Agent, 254-750-8062, or pcampos@wacotx.gov

Pre-Bid Meeting:

Non-Mandatory

Via Zoom Video & Dial In On Tuesday, June 24, 2025 at 10:00 A.M. CT

RFB Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas

Zoom & Dial-In Information:

See Page 3

Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 www.waco-texas.com

RFB 2025-043 Page 1 mailto:pcampos@wacotx.gov http://www.waco-texas.com

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: https://waco-texas.bonfirehub.com/login

RFB 2025-043 Page 2 https://waco-texas.bonfirehub.com/login

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

RFB 2025-043 Page 3 https://wacotx.zoomgov.com/j/1607103363?pwd=aqrPa6i5xg04zCYFJCC3wQ9E7lFHcu.1 https://wacotx.zoomgov.com/j/1611312802?pwd=HJguug4jfDa33wrk5aPQbMOmhmaweo.1

Fax:_________________________________

Company/Firm:

Name of Contact

Person(s): Email(s):

Telephone: 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:

http://www.waco-texas.com/purchasing-rules.asp.

City of Waco Purchasing Services Post Office Box

2570 Waco, Texas 76702-2570 Telephone 254 / 750-8060 Fax 254 / 750-8063 www.waco-texas.com

City of Waco, Texas RFB No. 2025-043

Chapel Road Widening Improvements Ritchie Road to Meadow Mountain Dr.

Please Register for Notifications

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:

pcampos@wacotx.gov.

RFB 2025-043 Page 4

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TABLE OF CONTENTS

Register Interest form I.

II.

III.

IV

V.

Schedule for Solicitation Contact with City of Waco Definitions Requested Services / Products Request For Bids – Submission And Award Procedures

Appendices

A. Services/Products Bid Forms

(1) Pricing Form

(2) Sample Bid Bond

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) Sample Payment and Performance Bond Requirements

C. Forms to Complete and Return

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

(2) Business Identification Form

(3) W9 Tax Form

(4) Conflict of Interest Questionnaire (CIQ Form)

(5) Disclosure of Relationships with City Council/Officers (City Charter)

(6) Minority, Women Owned Business Enterprise (MWB/E)

(7) HB 89 (Israel Form)

(8) HB 89 (Firearms Form)

(9) HB 89 (Energy Form)

(10) Foreign Terrorist Organization Verification Form

(11) Litigation Disclosure

(12) Certification Regarding Debarment

(13) Non-collusion Affidavit

(14) Texas Public Information Act

(15) Drug Free Workplace

D. City of Waco Specifications

• See Section for Specific Documentation and/or link(s)

E. Texas Department of Transportation Specifications

• See Section for Specific Documentation and/or link(s)

F. Special Project Provisions G. Plans Specifications, Fillable Flow Information

• See Section for Specific Documentation and/or link(s)

RFB 2025-043 Page 5

June 16, 2025

June 24, 2025

July 10, 2025 • Deadline for Questions 5:00 p.m. CT

• Open & Close Date 2:00 p.m. CT July 16, 2025

Tentatively, the final selection decision will be made and submitters will be notified of award by, August 05, 2025. This schedule is subject to change by the City.

II. Contact with City of Waco The contact person for this solicitation process is: Paul Campos, Purchasing Agent who can be reached at:

Email: pcampos@wacotx.gov Telephone: (254) 750-8062 Fax: (254) 750-8063 Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Via Delivery Services/Personal Delivery :

City of Waco Purchasing Services

Attn: Paul Campos, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

NOTE: US Mail does NOT deliver to this street address.

Contact with 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 https://waco-texas.bonfirehub.com/login or the City of Waco Website at https://www.waco-texas.com/bids.asp. Interested professional service providers are encouraged to return the Register Interest form on the previous page.

Via Zoom Video & Dial In

Via Zoom Video & Dial In

• Issuance of the RFB

• Pre-Bid Meeting 10:00 a.m CT

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.

RFB 2025-043 Page 6

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(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 of the Appendices attached to the

RFB.

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

(11) "TxDOT""means Texas Department of Transportation.

III. DEFINITIONS

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications:

(1) The project generally consists of widening and reconstructing Chapel Road from Ritchie

Road to Meadow Mountain Drive. The work will provide a 5-lane roadway section, including 2 lanes in both directions, with a continuous left turn lane, a curb and gutter roadway section that transitions into the Chapel Road/Ritchie Road roundabout facility, drainage improvements, relocations of City of Waco water and wastewater utilities, traffic and erosion control plans, signage, striping, and sidewalks.

(2) Engineering Estimate: At Cost.

(3) TxDOT Pre-Qualification is NOT required for this bid.

(4) Prime Contractor is required to self-perform 30% of the contract work.

(5) Liquidation Fee is $950.00 for each day of delay.

(6) Detailed specifications are attached as Appendices.

(7) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login or the City of Waco's Website at http:// www.waco-texas.com/bids.asp.

(8) Submitting General Contractor, if using Sub-Contractors, please submit Minority, Women Owned Business Enterprise (MWB/E) status for each. Use form on Page 73.

(9) EXCEL Bid Sheet available by request.

Terms Conditions & Requirements:

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

Duration of Services:

It is anticipated by the City of Waco that this project will be complete. Base Bid and Add Alternate; Substantial Completion within 465 Calendar days from the date of the Notice to Proceed and to Final Completion within 495 Calendar days from the date of the Notice to Proceedase Bid). It is additionally anticipated that work will not be performed on Saturdays, Sundays, or City holidays unless specifically approved by City.

Since “day” is defined as a calendar day, Saturdays, Sundays, and City holidays shall be counted as days and included in calculating the Contract time. If a Contractor wants to perform work on Saturdays, Sundays, or City holidays, the Contractor shall seek approval by making a written request to City. The contractor shall be responsible for all City staff and third-party time, costs, expenses, and overtime for work performed on Saturdays, Sundays, or City holidays, unless excused in writing by the City prior to the work.

The contractor shall include sufficient weather days as appropriate for the time of year and overall duration of the work within its proposal.

RFB 2025-043 Page 8

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Reservations by City:

The City of Waco reserves the right to reject any and all submittals. This 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.

a. Furthermore, the City and it's partnering entity expressly reserves the right to:

i. Waive any defect, irregularity, or informality in any submittal or procedure;

ii. Extend the solicitation closing time and date;

iii. Reissue this solicitation in a different form or context;

iv. Procure any item by other allowable means;

v. 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

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

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

viii. The bid was not in the hands of the Letting Official at the time and location specified in the advertisement.

ix. A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates.

x. The Bidder was not authorized to receive a proposal form under Article 2L.3, "Issuing Bid Documents",

xi. The Bidder failed to acknowledge receipt of all addenda issued.

xii. The proposal form was signed by a person who was not authorized to bind the Bidder or Bidders.

xiii. The proposal guaranty did not comply with the requirements contained in this Item.

xiv. The bid was in a form other than the official proposal form issued by the

Owner.

xv. The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents.

xvi. The Bidder bid more than the maximum or less than the minimum number of allowable working days/calendar days when working days/calendar days was an item.

xvii. The Bidder did not meet the requirements of the technical qualification.

RFB 2025-043 Page 9

V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1)

b. Pricing Forms and Submission/Bid Security

i. 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 beexecuted upon request. The City’s federal tax identification number is 1-74-6002468-4.

ii. Security – Bid Bond.

1. Each submission must be accompanied by a certified check of the submitter, or a bid bond executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission.

The Surety’s Power of Attorney must accompany the bid bond.

The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date.

2. Checks will be returned to all except the three lowest bidders within three days after the opening of bids. The remaining checks will be returned promptly after the City and the selected bidder have executed the contract.

3. If no award has been made within ninety (90) days after the date of the opening of bids, a bidder may demand that the security submitted be returned so long as said bidder has not been notified of the acceptance of his bid.

4. If the selected bidder refuses or fails to execute and deliver the contract and bonds (payment and/or performance) required within 10 days after receiving notice of the acceptance of his bid, the bid security shall forfeit to the City as liquidated damages for such failure or refusal.

5. A Bid Bond form can be found in the Appendices.

Qualified firms should submit their proposals through the City of Waco’s Bonfire portal at https://waco-texas.bonfirehub.com/login. Vendors shall submit one (1) original and (2) additional copies of the Pricing Forms for the services/products sought by this solicitation and complete all of the required forms by the stated deadline.

RFB 2025-043 Page 10

PCampos Highlight

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 Bids must be received at the office of Purchasing Department by 2:00 P.M. (Central Time) on July 16, 2025.

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

City of Waco Purchasing Services Attn: Paul Campos, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

Note: U.S. Mail; does not deliver to this address.

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

"RFB 2025-043, Chapel Road Widening" Opening: 2:01 P.M. (Central Time) on July 16, 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.

RFB 2025-043 Page 11

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PCampos Highlight https://waco-texas.bonfirehub.com/login

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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X

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 and alternatives in consecutive order provided the amount does not exceed the funds then estimated by the City as available to finance the contract.

(b) 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

(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.

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form

(2) Sample Bid Bond Forms

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Item SPEC Description Quantity Unit Unit Price Total Amount

1.00 GENERAL

1.01 WACO 6.4 MOBILIZATION & PROJECT INCIDENTALS 1 LS -$

1.02 GP SECTION 3.6A / SPP TRAFFIC CONTROL PLAN - UTILITIES PHASE 1 LS -$

1.03 GP SECTION 3.6A / SPP

TRAFFIC CONTROL PLAN IMPLEMENTATION -

UTILITIES PHASE

1 LS -$

1.04 GP SECTION 3.6A / SPP TRAFFIC CONTROL PLAN - PHASE I 1 LS -$

1.05 GP SECTION 3.6A / SPP

TRAFFIC CONTROL PLAN IMPLEMENTATION -

PHASE I

1 LS -$

1.06 GP SECTION 3.6A / SPP TRAFFIC CONTROL PLAN - PHASE II 1 LS -$

1.07 GP SECTION 3.6A / SPP

TRAFFIC CONTROL PLAN IMPLEMENTATION -

PHASE II

1 LS -$

1.08 GP SECTION 3.6A / SPP TRAFFIC CONTROL PLAN - PHASE III 1 LS -$

1.09 GP SECTION 3.6A / SPP

TRAFFIC CONTROL PLAN IMPLEMENTATION -

PHASE III

1 LS -$

1.10 WACO 1.10 STORMWATER POLLUTION PREVENTION PLAN 1 LS -$

1.11 WACO 1.10

STORMWATER POLLUTION PREVENTION PLAN

IMPLEMENTATION

1 LS -$

1.12 WACO GP TRENCH SAFETY PLAN 1 LS -$

1.13 PROJECT NOTES

LOCATE ALL EXISTING UTILITY LINES AND

VERIFY SIZE, ORIENTATION, AND ELEVATION

PRIOR TO COMMENCING CONSTRUCTION

ACTIVITIES

1 LS

1.14 WACO GENERAL DETAILS BUILDING WACO SIGN COMPLETE & IN PLACE 2 EA -$

SUBTOTAL -$

2.00

2.01 WACO 1.1 PREPARING RIGHT-OF-WAY 11 AC -$

2.02 TXDOT 105 REMOVING BASE & PAVEMENT (0-16") 15246 SY -$

2.03 TXDOT 104 REMOVE EXISTING CONCRETE PAVEMENT 3358 SY -$

2.04 TXDOT 104

REMOVE EXISTING CONCRETE CURB AND

GUTTER

1749 SY -$

2.05 WACO 1.1

REMOVE EXISTING DRAINAGE PIPE (ALL SIZES)

INCL. BACKFILL

1017 LF -$

2.06 WACO 1.3 UNCLASSIFIED EXCAVATION 22000 CY -$

2.07 WACO 1.5 FILL 5500 CY -$

2.08 WACO 2.4

COMMERCIAL LIME SLURRY (TYPE B) **OR**

HYDRATED LIME (TYPE A) (40LB/SY)

522 TON

2.09 WACO 2.4 8" LIME STABILIZED SUBGRADE 26073 SY -$

2.10 WACO 2.3.B

6" FLEXIBLE BASE (TYPE D GRADE 1-2

COMPLETE IN PLACE)

25554 SY -$

2.11 WACO 2.3.B

3.5" FLEXIBLE BASE (TYPE D GRADE 1-2

COMPLETE IN PLACE)

22531 SY -$

2.12 WACO 2.5 / SP 2.5-001 PRIME COAT AE-P (0.5 GAL/SY) 14635 GAL -$

2.13 WACO 3.2 / SP 3.2-001 TACK COAT (0.1 GAL/SY) 5485 GAL -$

2.14 TXDOT 341

3" HMAC TYPE B (D-GR SAC-B PG64-22) (110

LB/SY/IN)

612 TON -$

2.15 TXDOT 341

4" HMAC TYPE B (D-GR SAC-B PG64-22) (110

LB/SY/IN)

5577 TON -$

ROADWAY IMPROVEMENTS

RFB 2025-043

BID FORM CITY OF WACO

CHAPEL ROAD WIDENING IMPROVEMENTS

RITCHIE RD TO MEADOW MOUNTAIN DR - (18STR00310)

RFB 2025-043 Page 15

2.16 TXDOT 341

2" HMAC TYPE D (D-GR SAC-B PG70-22) (110

LB/SY/IN)

2788 TON -$

2.17 TXDOT 341

2" HMAC TYPE D (D-GR SAC-B PG70-22) (110

LB/SY/IN) (MILL & OVERLAY)

48 TON -$

2.18 WACO 5.1

7" REINFORCED CONCRETE PAVEMENT

(ALLEY)

494 SY -$

2.19 WACO 5.1

REMOVE & REINSTALL CONCRETE MEDIAN

ISLAND WITH PAVERS

100 SY -$

2.20 WACO 5.4

ENTRANCE TO FLATS ON CHAPEL

APARTMENTS (9821 CHAPEL RD) INCLUDING

REINFORCED CONCRETE PAVEMENT AND

RETAINING WALL FOR LANDSCAPED MEDIAN,

ALL COMPLETE IN PLACE.

320 SY

2.21 WACO 5.4

RESIDENTIAL CONCRETE DRIVEWAY, APRON,

& APPROACH (DRIVEWAY SURFACE TO MATCH

EXISTING CONCRETE SURFACE i.e. EXPOSED

AGGREGATE)

683 SY

2.22 WACO 5.4

COMMERCIAL CONCRETE DRIVE APPROACH

AND APRON

142 SY -$

2.23 WACO 2.3.B

GRAVEL DRIVEWAY - 12" FLEXIBLE BASE (TYPE

D GRADE 1-2 COMPLETE IN PLACE)

464 SY -$

2.24 C224

DRIVEWAY 8 (ST. JEROME HOUSE) INCLUDING

REMOVAL OF EXISTING DRIVEWAY,

SAWCUTTING, ALL EXCAVATION AND

BACKFILL, TREE TRIMMING, DRIVE APPROACH,

AND CONNECTION TO EXISTING ROADWAY

1 LS

2.25 WACO 5.4 5" CONCRETE SIDEWALK (REINFORCED) 1909 SY -$

2.26 WACO 5.4 6" CONCRETE SIDEWALK (REINFORCED) 3412 SY -$

2.27 WACO 5.4

8" CONCRETE SIDEWALK (SPECIAL)

(RETAINING WALL)

150 SY -$

2.28 TXDOT 531

CURB RAMP (REFERENCE PLANS FOR RAMP

TYPE)

32 EA -$

2.29 TXDOT 450 PEDESTRIAN HANDRAIL 181 LF -$

2.30 WACO 5.3 STANDARD CURB & GUTTER 5524 LF -$

2.31 WACO 5.3

MOUNTABLE CURB & GUTTER (INCLUDING

TRANSITION)

282 LF -$

2.32 WACO 5.1 CONCRETE FILLET 599 SY -$

2.33 WACO 5.1 CONCRETE VALLEY 217 SY -$

2.34 TXDOT 432 RIPRAP (MOW STRIP) (4 IN) 7 CY -$

2.35 TXDOT 560/ C243 INSTALL PERMANENT BRICK MAILBOX 2 EA -$

2.36 TXDOT 560/ C243 PERMANENT MAILBOX 15 EA -$

2.37 TXDOT 540 MTL BM GD FEN (BLK OUT) STL POST 125 LF -$

2.38 TXDOT 540 GUARD RAIL END TREATMENT - GET 2 EA -$

2.39 WACO 1.7 / SPP

SOD (BERMUDA OR ST. AUGUSTINE *TO

MATCH EXISTING GRASS) (INCLUDING

FERTILIZER AND WATERING)

8246 SY

2.40 WACO 1.8 / SPP

BROADCAST SEEDING (HULLED BERMUDA OR

MIXED BERMUDA & RYE) (INCLUDING

FERTILIZER AND WATERING)

6740 SY

2.41 TXDOT 169 SOIL RETENTION BLANKET (CL1) (TY A) 2494 SY -$

2.42 ST-11 & ST-12

MANHOLE LID HEIGHT ADJUSTMENT AND

CONCRETE DIAMOND

14 EA -$

2.43 ST-13 & ST-14

VALVE BOX HEIGHT ADJUSTMENT AND

CONCRETE DIAMOND

31 EA -$

2.44 C216

INSTALL 1" PVC CONDUIT FOR ELECTRICAL

USE ON CHURCH SIGNS UNDER PROPOSED

ENTRANCE INTERSECTION PAVEMENT.

INCLUDES EXCAVATION AND BACKFILL (ALL

DEPTHS) AND RISERS (1" PVC TO 1' ABOVE

GRADE) AT EACH END.

50 LF

RFB 2025-043 Page 16

SUBTOTAL -$

3.00

3.01 WACO 4.10

18" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

1199 LF

3.02 WACO 4.10

24" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

244 LF

3.03 WACO 4.10

30" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

772 LF

3.04 WACO 4.10

36" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

1053 LF

3.05 WACO 4.10

42" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

935 LF

3.06 WACO 4.10

48" R.C.P. (CLASS III) (ALL DEPTHS)

INCLUDING EXCAVATION, BACKFILL, BENDS,

AND WYES

291 LF

3.07 WACO 4.10 4x4 JUNCTION BOX (WITH RING & COVER) 6 EA -$

3.08 WACO 4.10 5x5 JUNCTION BOX (WITH RING & COVER) 5 EA -$

3.09 WACO 4.10 6x6 JUNCTION BOX (WITH RING & COVER) 1 EA -$

3.10 WACO 4.10

10' STANDARD CURB INLET W/ CAST-IN-PLACE

TOP

14 EA -$

3.11 WACO 4.10

10' RECESSED CURB INLET W/ CAST-IN-PLACE

TOP

14 EA -$

3.12 WACO 4.10

15' RECESSED CURB INLET W/ CAST-IN-PLACE

TOP

5 EA -$

3.13 WACO 4.10

CORE INTO EXISTING 15' INLET AND REMOVE

AND RECAST INLET TOP

1 EA -$

3.14 WACO 4.10 4'x4' GRATE INLET 1 EA -$

3.15 TXDOT 466 HEADWALL (CH-PW-S) (HW=7 FT) 65 LF -$

3.16 WACO 5 CONCRETE PILOT CHANNEL 25 SY -$

3.17 WACO GP TRENCH SAFETY SYSTEM IMPLEMENTATION 4494 LF -$

3.18 TXDOT 556

4-IN PERMANENT UNDERDRAIN INCLUDING

ALL REQUIRED FILTER MATERIAL, FILTER

FABRIC, PIPING (PERFORATED &

UNPERFORATED) & FITTINGS, CONNECTIONS

TO NEAREST STORM INLET, EXCAVATION, &

BACKFILL. ONLY TO BE USED AS DIRECTED BY

THE CITY OF WACO.

2000 LF

3.19 WACO 4.2

FOUNDATION COURSE OF 3"X5" WASHED

ROCK (DEPTH = 18 INCHES) TO BE UTILIZED IN

AREAS WHERE SATURATED AND/OR SPONGY

AND UNSUITABLE SUBGRADE IS

ENCOUNTERED. PER DETAIL G-8. ONLY TO BE

USED AS DIRECTED BY THE CITY OF WACO.

4000 LF

3.20 TXDOT 467 SET (TY II) (18 IN) (6:1) 1 EA -$

SUBTOTAL -$

4.00

4.01 WACO 4.9

8" C900 PVC DR-18 (ALL DEPTHS) INCLUDING

EXCAVATION & BACKFILL (STREET TRENCH)

1344 LF

DRAINAGE IMPROVEMENTS

WATERLINE IMPROVEMENTS

RFB 2025-043 Page 17

4.02 WACO 4.9

16" C900 PVC DR-18 (ALL DEPTHS)

INCLUDING EXCAVATION & BACKFILL (STREET

TRENCH)

3060 LF

4.03 WACO 4.9

8" C900 PVC DR-18 INSTALLED IN 20" C900

PVC DR-18 ENCASEMENT PIPE (ALL JOINTS

RESTRAINED)

52 LF

4.04 WACO 4.9

20" STEEL ENCASEMENT PIPE (3/8" WALL

THICKNESS) INCLUDING EXCAVATION &

BACKFILL (STREET TRENCH), PIPING, CASING

SPACERS, AND END SEALS

62 LF

4.05 WACO GP TRENCH SAFETY SYSTEM IMPLEMENTATION 4444 LF -$

4.06 WACO 4.9 4" GATE VALVE 1 EA -$

4.07 WACO 4.9 8" GATE VALVE 13 EA -$

4.08 WACO 4.9 16" GATE VALVE 6 EA -$

4.09 WACO 4.9 8" 45° BEND, DI, MJ 75 EA -$

4.10 WACO 4.9 16" 22.5° BEND, DI, MJ 12 EA -$

4.11 WACO 4.9 16"X4" TEE, DI, MJ 1 EA -$

4.12 WACO 4.9 16"X6" TEE, DI, MJ 1 EA -$

4.13 WACO 4.9 16"X8" TEE, DI, MJ 13 EA -$

4.14 WACO 4.9 4"X3" REDUCER, DI, MJ 1 EA -$

4.15 WACO 4.9 8"X6" REDUCER, DI, MJ 6 EA -$

4.16 WACO 4.9

1" IRRIGATION SERVICE INCLUDING RPZ,

PIPING, ALL FITTINGS, TAPPING SADDLE, AND

CONNECTION TO EXISTING IRRIGATION

SYSTEM

2 EA

4.17 WACO 4.9 6" FIELD CONNECTION 6 EA -$

4.18 WACO 4.9 8" FIELD CONNECTION 7 EA -$

4.19 WACO 4.9 16" FIELD CONNECTION 2 EA -$

4.20 WACO 4.9

2" COMBINATION VACUUM & AIR RELEASE

VALVE & VAULT

1 EA -$

4.21 WACO 4.9 FIRE HYDRANT & ASSEMBLY 11 EA -$

4.22 WACO 4.9 REMOVE EXISTING FIRE HYDRANT 11 EA -$

4.23 WACO 4.9 PLUG EXISTING WATERLINE 15 LF -$

4.24 WACO 4.3 CLASS 'E' SURFACE REPLACEMENT 806 SY -$

4.25 WACO 4.9

1-INCH RESIDENTIAL METER SERVICE &

CONNECT TO PRIVATE SERVICE

9 EA -$

4.26 WACO 4.9

3-INCH COMMERCIAL SERVICE, METER, &

VAULT. CONSTRUCTION OF VAULT AND

CONNECTION TO EX. WATERLINE. REMOVE

AND REINSTALL EX. COMPONENTS INTO NEW

VAULT. INCLUDING HATCH, PIPING, FITTINGS,

EXCAVATION AND BACKFILL, COMPLETE AND

IN-PLACE

1 EA

4.27 WACO 4.9

FIRE LINE DOUBLE CHECK VALVE VAULT.

CONSTRUCTION OF VAULT AND CONNECTION

TO EX. WATERLINE. REMOVE AND REINSTALL

EX. COMPONENTS INTO NEW VAULT.

INCLUDING NEW F.D.C. SPRINKLER RISER,

HATCH, PIPING, FITTINGS, EXCAVATION AND

BACKFILL, COMPLETE AND IN-PLACE. ALL

PIPING, CONNECTIONS, AND FITTINGS

INCLUDING AND DOWNSTREAM OF THE

SECOND CHECK VALVE SHALL BE INSTALLED

BY LICENSED FIRE PROFESSIONAL.

1 EA

RFB 2025-043 Page 18

4.28 WACO 4.9

REMOVE 20 LF OF EXISTING WW (ALL SIZES)

AND REPLACE WITH 20 LF OF 150 PSI

PRESSURE-RATED PVC (GREEN) CENTERED

ON PROPOSED WL. RE: S-20/C512. CONNECT

EX. TO PROP. WITH MAXADAPTOR COUPLING

5 EA

4.29 WACO GEN. DETAILS UTILITY SIGNAGE 2 EA -$

4.30 WACO S-19 CONCRETE CAP 19 EA -$

4.31 WACO GEN. DETAILS CONCRETE ENCASEMENT 125 LF -$

4.32 WACO 4.2

FOUNDATION COURSE OF 3"X5" WASHED

ROCK (DEPTH = 18 INCHES) TO BE UTILIZED IN

AREAS WHERE SATURATED AND/OR SPONGY

AND UNSUITABLE SUBGRADE IS

ENCOUNTERED. PER DETAIL G-8. ONLY TO BE

USED AS DIRECTED BY THE CITY OF WACO.

4693 LF

4.33 WACO 4.9

TEMPORARY 8" WL CONNECTION FROM EX.

FABIAN WL TO EX. 8" MAIN WL (APPROX. 65 LF

8" C900 PVC) INCLUDING ALL PIPING,

FITTINGS, VALVES, AND EXCAVATION &

BACKFILL

1 LS

4.34 WACO 4.9

TEMPORARY 6" WL CONNECTION FROM EX.

WATER VAULT TO EX. 8" MAIN WL (APPROX. 70

LF 6" C900 PVC EACH) INCLUDING ALL

PIPING, FITTINGS, VALVES, AND EXCAVATION

& BACKFILL

2 LS

SUBTOTAL -$

5.00

5.01 WACO 1.2 CLEARING AND GRUBBING 0.12 AC -$

5.02 WACO 4.8

6" SDR-26 PVC ASTM-2241 (ALL DEPTHS)

INCLUDING EXCAVATION & ALL BACKFILL

(STREET TRENCH)

218 LF

5.03 WACO 4.8

8" SDR-26 PVC ASTM-2241 (ALL DEPTHS)

INCLUDING EXCAVATION & ALL BACKFILL

(STREET TRENCH)

1355 LF

5.04 WACO 4.8

8" SDR-26 PVC ASTM-2241 (ALL DEPTHS)

INCLUDING EXCAVATION & ALL BACKFILL (OFF-

STREET TRENCH)

268 LF

5.05 WACO 4.8

2" FORCE MAIN (ALL DEPTHS) INCLUDING,

BENDS & FITTINGS, EXCAVATION & ALL

BACKFILL (STREET TRENCH)

16 LF

5.06 WACO 4.8

4' DIAMETER MANHOLE (0-5' DEEP) W/

STANDARD RING AND COVER

12 EA -$

5.07 WACO 4.8

4' DIAMETER MANHOLE (0-5' DEEP) W/

WATERTIGHT RING AND COVER

1 EA -$

5.08 WACO 4.8

EXTRA DEPTH FOR 4' DIAMETER MANHOLE

OVER 5' DEEP

72.40 VF -$

5.09 WACO 4.8

6" COMMERCIAL WASTEWATER SERVICE &

CONNECT TO EXISTING SERVICE

2 EA -$

5.10 WACO 4.8 EXTERNAL DROP STRUCTURE 1 EA -$

5.11 WACO 6.3

REMOVE EXISTING WASTEWATER PIPE (6") IN

ITS ENTIRETY (ALL DEPTHS)

423 LF -$

5.12 WACO 6.3

ABANDON EXISTING WASTEWATER PIPE (6")

AND FILL WITH FLOWABLE FILL

1295 LF -$

5.13 WACO 6.3 REMOVE EXISTING MANHOLE 6 EA -$

5.14 WACO 6.3 ABANDON EXISTING MANHOLE IN PLACE 3 EA -$

5.15 WACO 4.8

CONNECT TO EXISTING MANHOLE AT FABIAN

TO INCLUDE CORING AND REWORKING

CONCRETE INVERT

1 LS

WASTEWATER IMPROVEMENTS

RFB 2025-043 Page 19

5.16 WACO 4.8

CONNECT EX. SEWER TO PROPOSED

WASTEWATER

9 EA -$

5.17 WACO GENERAL DETAILS CONCRETE ENCASEMENT 91 LF -$

5.18 WACO 4.3 CLASS 'C' SURFACE REPLACEMENT 20 LF -$

5.19 WACO 4.3 CLASS 'E' SURFACE REPLACEMENT 1287 LF -$

5.20 WACO 4.3 CLASS 'F' SURFACE REPLACEMENT 259 LF -$

5.21 SPP 13.17 BYPASS PUMPING 1 LS -$

5.22 WACO GP TRENCH SAFETY IMPLEMENTATION 1952 LF -$

SUBTOTAL -$

6.00

6.01 WACO 8.7 REMOVE EXISTING SIGN & POST 21 EA -$

6.02 WACO 8.7 REINSTALL EXISTING SIGN & POST 19 EA -$

6.03 WACO 8.7 SIGN & POST 9 EA -$

6.04 TxDOT 666 REFL PAV MRK TY I (Y)6"(SLD)(100MIL) 5050 LF -$

6.05 TxDOT 666 REFL PAV MRK TY I (Y)6"(BRK)(100MIL) 1260 LF -$

6.06 TxDOT 666 REFL PAV MRK TY I (W)6"(SLD)(100MIL) 5540 LF -$

6.07 TxDOT 666 REFL PAV MRK TY I (W)6"(BRK)(100MIL) 1310 LF -$

6.08 TxDOT 666 REFL PAV MRK TY I (W)8"(SLD)(100MIL) 62 LF -$

6.09 TxDOT 666 REFL PAV MRK TY I (Y)12"(SLD)(100MIL) 222 LF -$

6.10 TxDOT 666 REFL PAV MRK TY I (W)12"(SLD)(100MIL) 72 LF -$

6.11 TxDOT 666 REFL PAV MRK TY I (W)24"(SLD)(100MIL) 1028 LF -$

6.12 TxDOT 666 REFL PAV MRK TY I (W)24"(ARROW)(100MIL) 5 LF -$

6.13 TxDOT 672 RAISED PAV MRKR TY I-C 85 EA -$

6.14 TxDOT 672 RAISED PAV MRKR TY II-A-A 137 EA -$

6.15 TxDOT 672 RAISED PAV MRKR TY II-B-B 11 EA -$

SUBTOTAL -$

7.00

7.01 TxDOT 666 REFL PAV MRK TY I (Y)6"(SLD)(100MIL) 500 LF -$

7.02 TxDOT 666 REFL PAV MRK TY I (W)6"(SLD)(100MIL) 1260 LF -$

7.03 TxDOT 666

REFL PAV MRK TY I

(W)6"(DOTTED/LNDP)(100MIL)

39 LF -$

7.04 TxDOT 666 REFL PAV MRK TY I (Y)12"(SLD)(100MIL) 125 LF -$

7.05 TxDOT 666 REFL PAV MRK TY I (W)12"(SLD)(100MIL) 570 LF -$

SUBTOTAL -$

ADDITIVE ALTERNATE - CHAPEL & RITCHIE ROUNDABOUT STRIPING REPLACEMENT

BASE BID + ADDITIVE ALTERNATE

SIGNAGE & PAVEMENT MARKINGS

BASE BID

RFB 2025-043 Page 20

NOTE: PLEASE LIST SUB-CONTRATOR MWBE STATUS, USING FORM ON PAGE 73.

I WILL USE THE FOLLOWING SUBCONTRACTORS FOR THIS WORK:

SUBCONTRACTOR TYPE OF WORK

FIRM NAME:

BY (SIGNED):

TITLE:

ADDRESS:

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.

Contractor also acknowledges and agrees to perform the work utilizing its own organization on at least 30% of the total original Contract cost, excluding any specialty items as determined by the Engineer. Specialty items are those that require specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole.

RFB 2025-043 Page 21

BID BOND

THE STATE OF TEXAS §

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS, THAT

, (hereinafter called the Principal), as Principal, and , (hereinafter called the Surety), as Surety, are bound unto the City of Waco, Texas, a home rule municipal corporation of McLennan County, Texas (hereinafter called Obligee) in the amount DOLLARS

($ ), which is five percent (5%) of the bid, for the payment whereof said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid to enter into a certain written

Contract with Obligee for {enter description of contract below} which is scheduled to be opened on ______________________________, 20_____.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS

SUCH, that if the said Principal shall faithfully, enter into such written Contract, then this obligation shall be void; otherwise to remain in full force and effect.

IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid any time after such Bid is opened and before official rejection of such Bid or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish, if required, satisfactory Performance Bond and Payment

Bond, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid, and said Surety does hereby waive notice of any such extension.

RFB 2025-043 Page 22

Bid Bond – Page 2

PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in McLennan County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this __________ day of ________________________, 20 _______ _.

ATTEST/WITNESS:

Secretary (if corporation) / Witness Name of Principal - Contractor

(if corporation Corporate Seal) BY:

signature

Title:

Address:

ATTEST:

Surety Secretary Name of Surety

(Surety Seal)

BY:

Attorney-in-Fact signature

Witness to Surety Address:

For Attorney in Fact

Address:

NOTE: Submit an original bid bond and a certified copy of the power of attorney along with full contact information for the Surety. Both the bid bond and the power of attorney should be dated for the same date which is no earlier than three (3) business days prior to the scheduled bid opening. [Count back from the day of the bid opening and do not count the bid opening day. Example: bid opening on Thursday, count back Wednesday, Tuesday, and Monday.] If the opening is delayed or rescheduled, Principal and/or Surety may be asked to provide proof that the bid bond executed is still valid.

(11/03/2016)

COMPLETED FORM MUST BE RETURNED WITH BID/PROPOSAL

RFB 2025-043 Page 23

APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Conditions for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB1295 Information Sheet

(8) Protest Procedure

(9) Sample Contract Form

(10) Sample Performance and Payment Bond Requirements

RFB 2025-043 Page 24

APPENDIX B. (1)

General Waco Terms and Conditions

(a) Applicable Law and Venue. This solicitation and any resulting contract will be governed and construed according to the laws of the State of Texas. The terms and conditions of the contract awarded pursuant to the solicitation are fully performable in McLennan County, Texas and venue for any dispute regarding contract shall be in McLennan County, Texas.

(b) Arbitration / Mediation. The City of Waco will not agree to binding or mandatory arbitration or mediation.

(c) Conflict of Interest. Vendor agrees to comply with the conflict of interest provisions of the Waco City Charter, Waco Code of Ordinances, and/or state law. Vendor agrees to maintain current, updated disclosure of information on file with the Purchasing Services Division throughout the term of the contract.

(d) Gratuities. The City may, by written notice to the Vendor, cancel this contract without liability to the City, if it is determined by the City that gratuities have been offered to any officer or employee of the City with a view toward securing a contract, securing favorable treatment with respect to the awarding, amending, or the making of any determinations in respect to the performance of such a contract. In the event this contract is canceled by City as set forth in this paragraph, the City shall be entitled to recover from Vendor all additional costs incurred by City as a result of the cancellation.

(e) Unfunded Liability. City's obligation is payable only and solely from funds available for the purpose of this purchase. Lack of funds shall render this contract null and void to the extent funds are not available and any delivered but unpaid for goods will be returned to Vendor by City. The City will not incur a debt or obligation to pay selected bidder any amounts the City does not have the current funds available to pay, unless the contract includes a provision for the City to appropriate funding for the debt or obligation.

(f) Advance Payments. The City will not make advance payments to a selected firm or any third party pursuant to this solicitation or resulting contract.

(g) Gift of Public Property. The City will not agree to any terms or conditions that cause the City to lend its credit or grant public money or anything of value to the selected firm.

(h) Procurement Laws. The City will not agree to any terms or conditions that cause the City to violate any federal, Texas, or local procurement laws, including its own charter.

(i) Limitation of Liability. The City of Waco will not agree to an artificial limitation of liability (e.g. liability limited to contract price or liability capped at an amount actually paid in previous 3 months, etc.) or an artificial statute of limitations (e.g. any lawsuit must be commenced within one year of the event).

(j) Waiver. No claim or right arising out of a breach of the contract resulting from this solicitation can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

RFB 2025-043 Page 25

(k) Right To Assurance. Whenever one party to this contract in good faith has reason to question the other party's intent to perform, that party may request that the other party give written assurance of his intent to perform. In the event that a request is made and no assurance is given within five (5) days, the requesting party may treat this failure as an anticipatory repudiation of the contract.

(l) Attorney’s fees; Legal Costs. The City will not agree to pay the selected firm’s attorney’s fees or other legal costs under any circumstances.

(m) Advertising. Vendor shall not advertise or publish, without City's prior consent, the fact that City has entered into this contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

(n) Arrears In Taxes. Article VII. Taxation, Section 8, of the City of Waco Home Rule Charter states: The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City of Waco for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to offset the said taxes against the same.

(o) Tax Certification; Offset of Other Debts Against City. Selected bidder hereby certifies that it is not delinquent in the payment of taxes owed to the City and will pay any taxes owed to the City so that such taxes will not become delinquent. If this certification is subsequently determined to be false, such false certification shall constitute grounds for termination of the contract awarded under this SOLICITATION, at the option of City. Furthermore, Selected bidder agrees the City is entitled to counterclaim and offset against any debt, claim, demand, or account owed by the City to the selected bidder, pursuant to the awarded contract, for any debt, claim, demand, or account owed to the City, including other than the taxes mentioned above. The City may withhold from payment under the awarded contract an amount equal to the total amount of debts, claims, accounts, or demands including taxes owed to the City by the selected bidder. The City may apply the amount withheld to the debts and taxes owed to the City by the selected bidder until said debts are paid in full. No assignment or transfer of such debt, claim, demand or account after the said taxes or debts are due shall affect the right of the City to offset the taxes and the debt against the same.

(p) Independent Contractor. The selected bidder will be an independent contractor under the contract. Professional services provided by the selected bidder shall be by the employees or authorized subcontractors of the selected bidder and subject to supervision by the selected bidder, and not as officers, employees or agents of the City. Selected bidder will be required and agrees to comply with all state and federal employment laws as well as all other federal, state and local laws, rules and regulations affecting the performance of all obligations taken herein.

(q) No Joint Enterprise/Joint Venture. It is not the intent of this solicitation or the contract to be awarded to create a joint enterprise or joint venture.

(r) Subcontracting Bid. If subcontracting with another company or individual is proposed, that fact, along with providing the same information for the subcontractor that is required to be provided by the bidder under this solicitation, must be provided and clearly identified in the bid. Following the award of the contract, no additional subcontracting will be permitted without the express prior written consent of the City.

RFB 2025-043 Page 26

(s) Assignment-Delegation. No right or interest in the contract shall be assigned or delegation of any obligation made by Vendor without the written permission of the City. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

(t) Modifications: This contract can be modified or rescinded only by a written instrument signed by both of the parties or their duly authorized agents.

(u) Interpretation-Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

(v) Equal Employment Opportunity: Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

2. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted.

(w) Israel: Vendor acknowledges that effective September 1, 2017, the City is required to comply with Section 2270.001 of the Texas Government Code, enacted by House Bill 89 (85th (R) Texas Legislature), which requires that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. By executing this Agreement, Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement.

RFB 2025-043 Page 27

APPENDIX B. (2)

General Conditions for Construction Work

The “City of Waco Standard Specifications for Construction” dated January 2013, as revised by Special Provisions listed on the City of Waco website at http://www.waco-texas.com/engineering-specifications.asp (“City of Waco Standard Specifications”), is incorporated herein by reference for all intents and purposes. The General Provisions of the City o f W a c o Standard Specifications include provisions related to the administration of the contract. If a provision of the City o f W a c o Standard

Specifications conflicts with a provision in this solicitation, the provision in this solicitation controls. If the applicable provision is still unclear, the City Manager for the

City of Waco, or his designee, will determine which provisions, specification or standard controls and his determination shall be final.

The City of Waco Standard Specifications may be obtained by…