ESBD_430146_1750710194306_RFP 2025-045 China Spring Park (F) 62325.pdf

REQUEST FOR PROPOSAL

RFP No. 2025-045 China Spring Park

Issue Date: June 23, 2025 Closing Date & Time: July 29, 2025, 2:00 P.M. CT

Opening Date & Time: July 29, 2025, 3:01 P.M. CT

For Information Contact:

Kasey Gamblin, Purchasing Manager, 254-750-8405, or kaseyg@wacotx.gov

Pre-Proposal Meeting:

Non-Mandatory In-Person Meeting on July 15, 2025, at 1:30 P.M. (CST)

5201 Flat Rock Road, Waco, TX 76708

RFP Opening Location:

Purchasing Services Office, 1415 N. 4th Street, Waco, Texas via Zoom Video Conferencing Only (Please see Page 3)

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 waco-texas.com

RFP 2025-045 China Spring Park mailto:kaseyg@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: waco-texas.bonfirehub.com/login

MINORITY, WOMEN-OWENED 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.

RFP 2025-045 China Spring Park https://waco-texas.bonfirehub.com/login

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL

INFORMATION

PRE-PROPOSAL

RFP NUMBER: 2025-045

DATE: July 15, 2025

TIME: CENTRAL 1:30 P.M.

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

Non-Mandatory In-Person Pre-Proposal Meeting held at the China Spring Park, 5201 Flat Rock Road, Waco, TX 76708

PROPOSAL OPENING

RFP NUMBER: 2025-045

DATE: July 29, 2025

TIME: CENTRAL 3:01 P.M.

QUICK LINK:

https://wacotx.zoomgov.com/j/1600056505?pwd=LNSnLNLKYK5ShAhw4tnFs0aInSoeDQ.1

MEETING ID: 160 005 6505

DIAL IN NUMBER:

PASS CODE: 629437

ADDITONAL

INFORMATION:

https://wacotx.zoomgov.com/j/1600056505?pwd=LNSnLNLKYK5ShAhw4tnFs0aInSoeDQ.1

TABLE OF CONTENTS

Register Interest Form I. Schedule for Solicitation for Competitive Sealed Proposal II. Contact with City of Waco III. Definitions IV. Requested Services V. Request For Proposals – Submission and Award Procedures

Appendices

A. Scope of Services / Pricing Forms

(1) Proposal Form

(2) Sample Bid Bond Form

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) HB 89 Israel Form

(8) HB 89 Firearms Form

(9) HB 89 Energy Form

(10) HB1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) Protest Procedure

(13) AIA-A201-2017 General Conditions

(14) AIA-A101-2017 Standard Forms of Agreement

(15) Sample Payment and Performance Bonds

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. Project Manual and Drawings/Plans

RFP No. 2025-045

China Spring Park

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: kaseyg@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

RFP 2025-045 China Spring Park mailto:kaseyg@wacotx.gov.

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

I. SCHEDULE FOR SOLICITATION COMPETITIVE SEALED PROPOSAL

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 June 23, 2025

• Pre-Proposal Meeting at 1:30 P.M Non-Mandatory In-Person July 15, 2025

• Deadline for questions in 5:00 P.M. July 21, 2025

• Proposals due by 2:00 P.M. July 29, 2025

• Proposal Opening at 3:01 P.M. July 29, 2025

• Evaluation of submission July 29- August 8, 2025

• Interviews or Presentations may be conducted July 29- August 8, 2025

Tentatively, the final selection decision will be made, and submitters will be notified of award by, August 8, 2025. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: kaseyg@wacotx.gov Telephone: (254) 750-8405 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: Kasey Gamblin, Purchasing Manager 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.

mailto:kaseyg@wacotx.gov https://www.waco-texas.com/Departments/Purchasing/Open-Bid-Opportunities

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) “Proposal” or “Submission” or “Submittal” refers to a response submitted to an RFP.

(4) “Project Review Committee” means a committee established by the City to review and score the submitted Proposals. The Committee may be composed of City of Waco staff, City Councilmembers, or their designees, or other individuals selected to serve on the committee by the City.

(5) “RFP” means and refers to this Request for Proposals.

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

Selected Firm.

(7) “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.

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

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

(10) “Contract documents” includes the RFP and all of the Appendices attached to the RFP.

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

IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

(1) The City of Waco is soliciting proposals for the China Spring Park Project, located at 5201 Flat

Rock Road in Waco, Texas, focusing on the first phase of development on 50-acres within the total 85-acre site. This initial development will address core park development (pavilion, restroom, splashpad and playground) with both a concrete trail and a soft surface natural trail.

This new community park will provide residents with enhanced opportunities for outdoor recreation, fitness, and social connectivity, aligning with the City of Waco’s mission to foster vibrant, accessible spaces for all.

(2) Scope of services, and/or specifications are attached as Appendices.

(3) 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

It is desired by the City of Waco that this project will be completed and available for occupancy and use in Fall 2026- contractor providing schedule as part of the RFP process. 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.

D. Reservations by City:

The City of Waco reserves the right to reject 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 proposers for any costs incurred during the preparation or submitting 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 proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected

RFP 2025-045 China Spring Park http://www.waco-texas.com/bids.asp

V. REQUEST FOR PROPOSALS – SUBMISSION AND AWARD

PROCEDURES

A. Requirements

(1) Proposals should be kept to the minimum necessary length to explain the proposer’s attributes and pricing. Typed responses are preferred in Times New Roman, Arial or Calibri font.

Responses must be clear and may be subject to disqualification if illegible.

(2) Qualified firms should submit their qualifications 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 four (4) 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:

(a) A cover sheet containing RFP number, project name, and proposer’s name, address, and telephone number.

(b) A brief company history.

(c) Completed and signed copies of Forms included in Appendix C.

(d) A short narrative of the proposer’s approach to the project and a statement of understanding targeting the specific nature of this project.

(e) Information on the proposer’s current workload and ability to complete the project.

(f) Certificate showing current insurance coverage.

(g) Pricing/Cost Information – Pricing Forms

1. All pricing and cost information is 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) Proposers 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 proposer must attach all required forms with each submission copy. Forms must be signed by a representative of the proposer authorized to bind the proposer contractually. The proposer must include a statement identifying any exceptions to this RFP or declare that there are no exceptions taken to the RFP.

C. Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on July 29, 2025. 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: Kasey Gamblin, Purchasing Manager

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.

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:

“RFP 2025-045, China Spring Park”

Proposals will be opened at 3:01 P.M. (Central Time) on July 29, 2025

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

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.

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 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 pricing/cost or terms information. The modification should provide the addition, subtraction, or other modifications so that the final pricing/costs or terms will not be revealed to the City until the sealed proposal 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 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 proposer and submitted to a delivery company (UPS, FedEx, etc.) prior to the proposal 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 with a representative of the vendor who can provide proof of his authority to act for the proposer. 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 proposer may submit a new sealed proposal provided the new proposal is received prior to the closing date and time deadline stated on page 1. 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 RFP 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 proposer.

F. Cost to Develop Submission

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

G. Evaluation Procedures The proposals will be initially reviewed and evaluated by a Project Review Committee. Each proposal should be as complete and accurate as possible. The City reserves the right to request additional information or clarifications, oral discussions, or presentations in support of the proposal.

H. Vendor Presentation

The evaluation by the Project Review Committee will be presented to the City Manager or Executive staff, who will determine whether proposers may be invited to make a formal presentation of their proposal and/or sit for a panel interview. There is no obligation for the City to host interviews in order to make the final selection

I. Evaluation Criteria The following criteria will be used to evaluate the submittals:

RFP Scoring Criteria Scoring Points Available

The proposed pricing and/or identified fees; 60 The proposed duration; 15 Experience with projects of similar size and type (Contractor, Subcontractors):

Experience of proposed Superintendent and Project Manager 10 Proposer’s reputation (Contractor and Subcontractors): 5

TOTAL AVAILABLE POINTS 100

J. Final Selection

Based on all information reviewed and presentations/interviews (if conducted), the City Manager or Executive staff shall establish the final ranking of the proposals.

(1) 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 proposers.

K. Contact Award and Execution The final contract must be awarded and approved by the Waco City Council if the amount of the contract exceeds $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.

APPENDIX A

Scope of Services / Pricing Form

(1) Proposal Form

(2) Sample Bid Bond Form

From: (Contractor Print Name Here)

I have received plans, details, and specifications for the project listed above as prepared by RVi Planning + Landscape Architecture. I have also received Addenda Nos. and have included their provisions in my proposal. I have examined the documents, existing conditions and the site and submit the following proposal. In submitting the proposal, I agree:

1. To hold my proposal open for 60 days after Proposal receiving date.

2. To enter into and execute a contract, if awarded on the basis of this proposal.

3. To execute the contract, if awarded, within ten (10) calendar days after notification of award, and to commence work not later than ten (10) calendar days from date of "Notice to Proceed."

4. To accomplish the work in accord with the Contract Documents.

5. That I have reviewed the AIA A101-2019 and AIA A201-2017, as modified by the Owner and attached to the Request for Proposals.

6. To complete the work in calendar days. Include a project schedule with submission of bid

I will perform all work of this project for the lump sum price of:

TOTAL LUMP SUM OF BASE BID ITEMS: _______________________________________________________

Dollars ($ )

BASE BID ITEMS:

A. GENERAL CONDITIONS AND SITE PREPARATION:

Dollars ($ )

B. WATER IMPROVEMENTS:

Dollars ($ )

C. WASTEWATER IMPROVEMENTS:

Dollars ($ )

D. DRAINAGE IMPROVEMENTS:

Dollars ($ )

E. PARKING AND VEHICULAR PAVEMENT:

Dollars ($ )

F. GENERAL HARDSCAPE AND STRUCTURES (INCLS. PLAY STRUCTURES):

Dollars ($ )

RFP 2025-045 China Spring Park

G. SITE LANDSCAPE:

Dollars ($ )

H. SITE IRRIGATION:

I. ELECTRICAL AND LIGHTING:

SUMS FOR BID ALTERNATES

I will include the following alternative items of work as specified for changes to the Base Proposal sum as follows:

BID ALTERNATE 1: SPLASH PAD (INCL. FEATURES, UTILITY CONNECTIONS, AND ALL ASSOCIATED

IMPROVEMENTS)

BID ALTERNATE 2: RESTROOM (INCL. FOUNDATION, CONNECTIONS, AND ALL ASSOCIATED

IMPROVEMENTS)

BID ALTERNATE 3: HALF-SIZE SPORT COURT (INCL. FURNITURE AND ALL ASSOCIATED IMPROVEMENTS)

BID ALTERNATE 4: MULTI-PURPOSE FIELD (INCL. GRADING, SEEDING, AND IRRIGATION)

BID ALTERNATE 5A: TRAIL PAVING MATERIAL, CONCRETE PAVEMENT

(IN PLACE OF BASE BID: DECOMPOSED GRANITE), WESTWARD FROM PARKING LOT

BID ALTERNATE 5B: TRAIL PAVING MATERIAL, CONCRETE PAVEMENT

(IN PLACE OF BASE BID: DECOMPOSED GRANITE), EASTWARD FROM PARKING LOT

BID ALTERNATE 6: COMPLETE ENTRY DRIVE (INCL. ADDITIONAL SIDEWALK, PARKING, LANDSCAPE, AND

ALL ASSOCIATED IMPROVEMENTS)

Dollars ($ )

BID ALTERNATE 7: DEMOLITION OF EXISTING BARN

BID ALTERNATE 8: DEDUCT IF OWNER DIRECT PROCURES RESTROOM AND PAVILION

BID ALTERNATE 9: DEDUCT IF PROPOSER BIDS AND IS AWARDED ALICE MARTINEZ RODRIGUEZ PARK

I will adjust the contract sum in accordance with the following Unit Prices:

ITEM DESCRIPTION UNIT ADD DEDUCT

None N/A

I will add for any additional work above and beyond the scope of this contract for the cost of all jobsite labor and materials furnished plus percent ( %) for overhead and profit. Overhead and profit includes office personnel and expenses.

I will add for any additional work above and beyond the scope of this contract performed by a subcontractor for the cost of subcontractor plus percent ( %) for overhead and profit.

I will use the following subcontractors on this work:

Scope Subcontractor’s Name Location MWBE (Y/N)

I understand that changes to the listed subcontractors are allowable only with Owner’s permission. All subcontractors that are not direct employees of the general contractor must be listed. If self-performing, write “SP” or “Self Performed” in the space provided.

Executed on , 2025.

Company Name

[If participant is a corporation]

[complete the following]

ATTEST:

Signature:

Print Name:

Sole Owner, or Partner, or President of Corporation

(Delete titles inapplicable to signer)

Whose address is:

(Corporate Seal)

Telephone:

Fax:

Email:

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.

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

For Attorney in Fact

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

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) HB 89 Israel Form

(8) HB 89 Firearms Form

(9) HB 89 Energy Form

(10) House Bill 1295 Information Sheet

(11) Foreign Terrorist Organization Form

(12) Protest Procedure

(13) AIA-A201-2017 General Conditions

(14) AIA-A101-2017 Standard Form of Agreement

(15) Sample Payment and Performance Bonds

General Waco Terms and Conditions (11/01/2017) Page 1

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

General Waco Terms and Conditions (11/01/2017) Page 2 claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.

(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.

General Waco Terms and Conditions (11/01/2017) Page 3

(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.

(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.

General Conditions for Construction Work (05/22/2016) Page 1

APPENDIX B.(2)

General Conditions for Construction Work

The “City of Waco Standard Specifications for Construction” (2013 Edition), hereinafter referred to as City Standard Specifications, is incorporated herein by reference for all intents and purposes. The General Provisions of the City Standard

Specifications include provisions related to the administration of the contract. If a provision of the City 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 Standard Specifications may be obtained by accessing the City of Waco website at www.waco-texas.com and going to Bid Opportunities – Engineering Services. It may also be obtained by contacting the City of Waco Public Works Department at 254-750-5440.

(a) Permits and Fees: All permitting fees from the City will be waived on construction projects. The contractor will still need to apply for all applicable permits. However, there will be no cost associated with issuance of City permits.

(b) Time of Completion and Liquidated Damages: Completing the work described in this solicitation in a timely manner is very important to the City of Waco. Submitter must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the time stated in the contract documents. As it is impracticable and extremely difficult to fix the actual damages, if any, that may proximately result from a failure by Submitter to perform the service, should Submitter fail to complete the project within the calendar days specified in the contract, Submitter agrees to pay to City, or have withheld from monies due it, the amount stated in the contract documents as liquidated damages for each calendar day of delay or nonperformance. Any sums due and payable hereunder by the Submitter shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract. Execution of a contract for this Project shall constitute agreement by the City and Submitter that said amount is the minimum value of the costs and actual damage caused by the failure of the Submitter to complete the Project within the allotted time. A sum due as liquidated damages may be deducted from payments due the Contractor if such delay occurs.

Adjustments to the contract times can only be made as provided in the contract documents and any conditions or specifications referenced therein.

General Conditions for Construction Work (05/22/2016) Page 2

(c) Conditions of Work: While the City is issuing a solicitation including specifications, each Submitter is still responsible for examining all of the issued documents, attending any pre-bid conference, making a site visit, and taking whatever steps are necessary to inform itself of the conditions relating to the project and the employment of labor thereon. Each Submitter must inform itself of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve the Submitter awarded this contract of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible, the Selected Firm, in carrying out the Project, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

(d) Employment Conditions/Requirements: Submitters shall pay particular attention to the required employment conditions that must be observed and the minimum wage rates to be paid. If federal or state funds are involved in paying for the work, there may be additional requirements that must be followed to comply with the terms of the federal or state funding.

(e) Security for Faithful Performance [Payment and Performance Bonds]:

Simultaneously with his delivery of the executed contract, the Selected Firm shall furnish the required surety bonds as security for faithful performance of this contract (Performance Bond) and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract (Payment Bond), as specified in the documents included herein. For public works contracts, state law requires a Performance Bond if the contract is for an amount in excess of $100,000.00 and a Payment Bond if the contract is for an amount in excess of $50,000.00. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City. The surety who signs contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

(f) Force Majeure: In the event performance by the Selected Firm 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 Selected Firm 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. The Selected Firm 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 Selected Firm 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.

General Conditions for Construction Work (05/22/2016) Page 3

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

(h) Invoice Submittal Procedures: If invoices are submitted or otherwise used pursuant to the bid awarded under this solicitation, the Selected Firm shall present invoices to the City in the following form and content:

1. Each invoice must reference the City of Waco contract, agreement or Purchase Order number;

2. Only one contract, agreement, or project shall be billed on a particular invoice;

3. Only one invoice per every thirty (30) days per contract, agreement, or project may be submitted; and

4. Each invoice must have a billing number, which reflects in sequence the number of invoices that have been submitted on the contract, agreement, or project.

The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by the City. Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

(i) Termination of Contract: Except as provided elsewhere in the contract documents:

1. The City may terminate the contract for cause for Selected Firm’s failure to perform work, non-adherence to established federal, state and/or local laws, or a violation of any of the contract provisions. Upon written termination, the City may exclude the Selected Firm from the Project site and pursue any remedies available to the City.

2. Upon ten (10) days written notice, City may terminate the contract for convenience, for any reason. In such case, the Selected Firm shall be paid, without duplication, for completed and acceptable work and expenses, including reasonable overhead and profit, and for other reasonable expenses directly attributable to the termination. In no case shall the Selected Firm be paid for anticipated profits or other consequential damages. Upon receipt of written notice, the Selected Firm shall have a duty to mitigate its termination costs and shall not incur additional costs unrelated to the costs directly related to either securing completed work or winding down the Project.

City of Waco Insurance & Indemnification Requirements Vertical Construction with Builder’s Risk (03/22/2019)

Insurance Requirements:

A contractor’s financial integrity is of interest to the City. Therefore, subject to a contractor’s right to maintain reasonable deductibles, a contractor shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at contractor’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Workers' Compensation Statutory

Employer’s Liability $1,000,000/$1,000,000/$1,000,000

Commercial General Liability Including:

• Premises/Operations

• Independent Contractors

• Products Liability/Completed Operations

• Personal & Advertising Injury

• Broad form property damage, to include fire legal liability

$1,000,000 per occurrence; $2,000,000 General Aggregate, or its equivalent in Umbrella or Excess Liability Coverage

Business Automobile Liability

a. Owned/leased vehicles

b. Non-owned vehicles

c. Hired vehicles

$1,000,000 per occurrence or its equivalent on a combined single limit (CSL basis).

All Risk Builder’s Risk

• Including Flood and Earthquake

• City as named insured or additional insured

• Replacement Cost

Amount of the contact or replacement value of the facility.

Term of Policy: With regard to any approved claims-made policy form, a contractor shall maintain and keep in force and effect said coverage during the term of this contract and for a period of seven

(7) years following the expiration or completion of the contract with the City, either through an existing carrier or a carrier of comparable financial statute and reputation.

Unless otherwise agreed to in the contract documents, Builders Risk coverage can be terminated at the time that the City accepts the structure as substantially complete, unless the project is being completed in phases; then the coverage shall remain in effect until the City accepts the entire structure or structures as substantially complete.

Modification of Insurance Requirement: The City reserves the right to review these insurance requirements during the effective period of the contract and any extension or renewal hereof and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Risk

Manager or designee, based upon changes in statutory law, court decisions, or circumstances surrounding this contract.

Proof of Insurance Required and When to Submit:

Examination & Approval. All insurance policies shall be subject to the examination and approval of the City for their adequacy as to form and content, form of protection, and financial status of insurance company.

When to Submit. Prior to the execution of the contract by the City of Waco and before commencement of any work under this contract, a contractor shall furnish original proof of insurance to the City’s Risk Manager which is clearly labeled with the contract name and City department. The proof will include completed/current Certificate(s) of Insurance, endorsements, exclusions, and/or relevant extracts from the insurance policy, or copies of policies. Thereafter, new certificates, policy endorsements, exclusions, and/or relevant extracts from insurance policies, or policies shall be provided prior to the expiration date of any prior certificate, endorsement, or policy. No officer or employee other than the City’s Risk Manager or designee shall have authority to waive this requirement.

Additional Insured. Except for Workers’ Compensation and Employers’ Liability, the City, its elected officials, officers, servants,…