ESBD_437089_1752857396163_RFB 2025-055 Bid Package (ESBD Posting).pdf

REQUEST FOR BID

RFB No. 2025-055 Speegleville Rd. Utility Improvements

Click link to view complete bid package:

https://files.wacotx.gov/f/cf88d636b18b1264

Contractors / Horizontal Directional Drilling Subcontractors must be approved through a prequalification process to submit a bid on this project.

Issue Date: July 21, 2025 All Questions Due: September 3, 2025, 5:00 P.M. CT

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

For Information Contact:

Melanie Wade, Purchasing Agent, 254-750-8098, or melaniew@wacotx.gov

Pre-Bid Meeting (Non-Mandatory):

Tuesday, August 5, 2025, at 10:00 A.M.

Via Zoom Video & Dial In (Please see Page 3)

RFB Opening Location:

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

Zoom & Dial-In Information:

Please see Page 3

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

Fax 254 / 750-8063 waco-texas.com

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BONFIRE ELECTRONIC BIDDING

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

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

• Register with the City of Waco.

• Receive notifications for bids and services requests from the City.

• Stay updated on changes, addendums, open solicitations.

• Submit bids and proposals electronically.

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

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

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

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

MINORITY, WOMEN-OWNED BUSINESS ENTERPRISE (MWBE)

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

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

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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

Rev. 1

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https://wacotx.zoomgov.com/j/1608663870?

TABLE OF CONTENTS

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

Appendices

A. Prequalification Application

(1) General Contractor Prequalification Application

(2) Horizontal Directional Drilling Contractor Prequalification Application

B. Services/Products Bid Forms

(1) Pricing Form(s)

(2) Sample Bid Bond

C. 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) House Bill 89 Israel Form

(8) House Bill 89 Firearms Form

(9) House Bill 89 Energy Form

(10) Foreign Terrorist Organization Form

(11) House Bill 1295 Information Sheet

(12) Protest Procedure

(13) EJCDC Form of Agreement Between Owner and Contractor for Construction Contract – 2007 edition

(14) EJCDC Standard General Conditions of the Construction Contract – 2007 edition

(15) Supplementary Conditions to the EJCDC Standard General Conditions

(16) Special Project Provisions

(17) Sample Payment and Performance Bond Requirements

D. 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

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(10) Drug Free Workplace

(11) W-9 Form

E. Technical Specifications

(1) City of Waco Standard Specifications

(2) 31 23 19 Dewatering

(3) 33 05 24 Utility Horizontal Directional Drilling

(4) 33 11 14 High Density Polyethylene Solid Wall Pipe

F. Plans

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

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RFB No. 2025-055 Speegleville Rd. Utility Improvements

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: melaniew@wacotx.gov.

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone:

Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

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

I. SCHEDULE FOR SOLICITATION

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

• Issuance of the RFB July 21, 2025

• Pre-Bid Meeting 10:00 a.m. CT Via Zoom Video & Dial In August 5, 2025

• Prequalification Submittals due by 5:00 p.m. CT August 12, 2025

• Prequalification Review Period Aug. 13 – Aug. 20, 2025

• Contractors notified of Prequalification

Submittal Status (pass/fail) Aug. 21, 2025

• Complete review of Contractor’s Fail Status (only if contractor provides a written request for said review)

August 29, 2025

• Deadline for Questions, 5:00 p.m. CT September 3, 2025

• Bid Closing, 2:00 p.m. CT Via Zoom Video & Dial In September 16, 2025

• Bid Opening, 2:01 p.m. CT Via Zoom Video & Dial In September 16, 2025

Tentatively, the final selection decision will be made, and submitters will be notified of award by October 16, 2025. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: melaniew@wacotx.gov Telephone: (254) 750-8098 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: Melanie Wade, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

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III. DEFINITIONS

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

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

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

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

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

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

Selected Firm.

(6) “Selected Firm” means the firm who is selected by the City and to whom the City Council/City

Manager awards a contract for the services or commodities requested in this solicitation.

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

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

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

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

(11) "TxDOT" means Texas Department of Transportation

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

(1) The City of Waco has issued this solicitation for the Speegleville Road Utility Improvements

Project. The project shall generally consist of but is not limited to all labor, materials, equipment, appurtenances and incidentals as required to properly install, complete and be accepted in place approximately 1,950 linear feet of 24-inch PVC C900 waterline, an approximately 1,275 linear feet horizontal directional drilling crossing of the Middle Bosque River utilizing 42-Inch HDPE casing piping and 30-Inch HDPE waterline piping, approximately 1,530 linear feet of 18-inch PVC gravity wastewater line, manholes, approximately 1,600 linear feet horizontal directional drilling crossing of the Middle Bosque River utilizing 16-Inch HDPE force main, temporary by-pass system, abandonment of existing waterlines/wastewater lines, surface replacement, road repair and all necessary components as shown on the project drawings and as specified herein.

(2) This RFB requires prequalification of General Contractors and Horizontal Directional Drilling subcontractors. General Contractors are required to submit the questionnaire and other required information along with the prequalification application of any Horizontal Directional Drilling Subcontractor(s) the General Contractor would like the City to consider, which will then be reviewed by the City and/or its agents. Based on the criteria set out in this solicitation, bids will only be accepted from a General Contractor if said bid involves a prequalified Horizontal Directional Drilling Subcontractor. Any bid which fails to include a prequalified Horizontal Directional Drilling Subcontractor will be returned as non-responsive.

(3) Engineering Estimate: $8.5M.

(4) Liquidation Fee is $1000 for each day of delay. After substantial completion - $500.00.

(5) Detailed specifications are attached as Appendices.

(6) 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.

(7) Submitting Contractor, if using Sub-Contractors, please submit Minority, Women Owned

Business Enterprise (MWBE) status for each. Use form on Page 225.

(8) EXCEL Bid Sheet available on request.

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

C. Duration of Services The Work will be substantially completed and in-service within 360 calendar days from Notice to Proceed as provided in Paragraph 2.03 of the General Conditions and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 390 calendar days from Notice to Proceed. In determining the number of days for completion of the work under this Contract, it is 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, RFB 2025-055 Page 9 http://www.waco-texas.com/bids.asp

Sundays, or City holidays, unless excused in writing by the City prior to the work.

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D. Reservations by City:

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

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

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

(b) Extend the solicitation closing time and date.

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

(d) Procure any item by other allowable means.

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

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

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

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V. Prequalification Process & Review

A. Prequalification Application

(1) Any General Contractor who wishes to bid on this Project is required to complete and submit the Prequalification Applications (Appendix A). Bids received from any bidder who does not pass the prequalification process will be rejected and returned unopened.

(2) Attendance at the Pre-Submittal Meeting is Non-Mandatory.

(3) Vendors should submit their Prequalification Applications through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login. The Prequalification Application can be submitted via USPS, delivery service or in person by date and time set out in the Schedule for Solicitation.

Emailed applications will not be accepted. See section VI - Bid Response Date and Location, item "C" for address. Submissions received after the deadline will be rejected. If submitted in person, the submission should be in a sealed envelope marked on the outside with:

RFB 2025-055

Speegleville Rd. Utility Improvements Prequalification Submission Due: August 12, 2025, 5:00 p.m. (CT)

(4) The Prequalification Application may contain some information that the submitter considers confidential or proprietary. As a public subdivision in the State of Texas, the City is subject to the Texas Public Information Act. Please review the Texas Public Information Act information sheet in Appendix D and follow the instructions it contains. The submitter will need to clearly label each page containing information the submitter considers confidential or proprietary. If a Public Information Request is received by the City for information the submitter labels as confidential or proprietary, the City will notify the submitter. There may be exemptions to the release of the information, but the submitter will need to present those reasons to the Texas Attorney General.

(5) The Prequalification Application must include the completed questionnaire plus other documents or information stated in the questionnaire.

(a) Among the required documents is proof that a bonding company will issue performance and payment bonds to the submitter if the contract is awarded. The bonding company must have complied with the laws and regulations of the U.S. Department of the Treasury including Title 31 U.S.C. 9304 9308 of the United States Code (T listing.) and be included as an acceptable surety on federal bonds in The Department of Treasury's Listing of Approved Sureties (Department Circular 570).

(b) All forms listed in Appendix D must be submitted with the prequalification application.

(c) Failure to complete the application and submit all required documents and information, including the forms in Appendix D, will result in a rejection of the application.

B. Evaluation of Prequalification Submission

(1) The Prequalification Application and related documents will be reviewed by the City and/or agents of the City.

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(2) In determining whether a contractor is qualified to perform the work associated with this Project, the following criteria will be considered on a pass/fail basis:

(a) Experience by the contractor in similar projects;

(b) Work history on similar projects that establishes that contractor can successfully complete this type of project on time and within budget without excessive claims or litigation;

(c) Appropriate technical expertise available during the Project, including any subcontractors as well as submitters full time employees and personnel;

(d) Bonding capacity and financial resources to meet all obligations incidental to the Project;

(e) An acceptable safety record;

(f) Adequate resources/equipment to properly perform construction work for the Project; and

(g) A permanent place of business.

(3) To satisfy those criteria, Contractor will need to meet the following minimum requirements:

(a) The General Contractor shall have satisfactorily completed two (2) or more successful gravity wastewater line projects (equal to or greater than 18-inch diameter PVC with at least 1,000 linear feet in length) during the last 10 years.

(b) The General Contractor shall have satisfactorily completed two (2) or more successful potable water line projects (equal to or greater than 24-inch diameter PVC pipe with at least 1,000 linear feet in length) in the last 10 years projects over the past ten (10) years.

(c) The Horizontal Directional Drilling Contractor shall have satisfactorily completed three (3) successful direction drill projects (equal to or greater than 24-inch diameter HDPE pipe) during the last 10 years with at least one project being 1,000 linear feet in length or greater.

(d) The safety officer (for both General and Subcontractor) shall have at least three years of experience in projects of similar size and scope to this Project.

(e) At least two of the contractor’s other four key personnel listed in the Prequalification Questionnaire shall each have at least ten years of experience in the of similar projects in size, scope, and dollar value in water and wastewater.

(f) The Contractor’s Project Manager and Site Superintendent shall each have successfully completed at least two (2) water line projects (equal to or greater than 24-inch diameter PVC pipe) and at least (2) wastewater line projects (equal to or greater than 18-inch diameter PVC pipe) in the last 10 years

(g) The Contractor and Project Superintendent shall demonstrate a satisfactory safety history; and

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(h) The Contractor submitting the Application (whether a sole proprietorship, corporation, partnership, etc.) shall have been doing business as the legal entity named in the Application for at least three years.

(4) The City reserves the right to request additional information to complete its evaluation.

(5) Each contractor submitting a Prequalification Application will be notified individually of its prequalification status (Pass or Fail) by the City of Waco after all requests for prequalification have been reviewed pursuant to the solicitation schedule.

(a) A contractor receiving notice of passing may submit a bid as described in Section VI below.

(6) A contractor receiving notice that it failed the prequalification evaluation may request review of that determination. If the contractor does not seek review as provided herein, the determination shall be considered final.

(a) A written statement requesting review must be delivered to the Purchasing Agent identified as the contact on this Project at the address shown for the Purchasing Agent within three (3) business days of the notification that the contractor failed prequalification evaluation.

(b) The written statement must clearly set out why the contractor believes the contractor passes the prequalification criteria for the Project and why the prior determination is incorrect.

(c) The Purchasing Agent will present the written statement to the City staff and/or agents who reviewed the Prequalification Application. If the City staff and/or agents affirm their prior decision that the contractor did not pass the prequalification criteria, the request for review will be presented to a Review Officer designated by the City Manager.

(d) The Review Officer shall review the Prequalification Application and all Submitted documents. The Review Officer may request a meeting with the contractor, but is not required to have such a meeting. As soon as possible after receiving the matter for review, the Review Officer shall issue a written statement either (i) affirming the prior determination that the contractor did not pass the prequalification criteria or (ii) determining that the contractor may submit a bid for consideration described in Section VI below.

(e) If the Reviewing Officer determines that the contractor does not pass the prequalification criteria then that determination shall be considered a final determination.

C. That a contractor passes the prequalification criteria does not deprive the City of Waco of the right to reject a bid from said contractor if said bid is improper or other circumstances, information or developments have, in the opinion of the City of Waco, changed the evaluation of the contractors' qualifications.

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VI. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

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

(2) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

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

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

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

(b) Security – Bid Bond.

1. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through the Bonfire portal) 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. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) business days from the request by the City.

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.

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B. Completeness of Submission

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

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

C. Bid Response Date and Location

Responses to this solicitation must be received by 2:00 p.m. (Central Time) on September 16, 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: Melanie Wade, Purchasing Agent

1415 North 4th Street Waco, Texas 76707

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

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

“RFB 2025-055 Speegleville Rd. Utility Improvements” Bid Opening: 2:01 P.M. (Central Time) on September 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.

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

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

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

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

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

E. Submission Validity Period

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

F. Vendor’s Cost to Develop Submission

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

G. References

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

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

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

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

(2) Lowest Responsible Bidder:

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

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

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

(3) Best Value:

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

1. The purchase price.

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

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

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

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

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

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

and

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

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

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

I. Contract Award and Execution

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

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