ESBD_468595_1762958042954_2025-001 Concrete Sidewalk Removal and Replacement.pdf

Request for Bid RFB No. 2025-001

Concrete Sidewalk Removal and Replacement

Issue Date: October 23, 2024 Closing Date & Time: November 8, 2024, at 2:00 p.m.

Opening Date & Time: November 8, 2024, at 2:01 p.m.

For Information Contact: Emily McGraw, Purchasing Agent, 512-990-6156 EmilyM@pflugervilletx.gov

Electronic bids will only be received at this website: Texas Bid System site: https://www.bidnetdirect.com/texas

Purchasing Services 100 E. Main Street

Suite 100 Pflugerville, TX 78660

Telephone 512-990-6156 Fax 512-251-5768 www.pflugervilletx.gov

TABLE OF CONTENTS

Register Interest form

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

Appendices

A. Services/Products Bid Forms

(1) Pricing Form(s)

(2) Reference Sheet

(3) Sample Bid Bond Form

B. Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Wage Rates

(4) Sales Tax Information

(5) Worker’s Compensation

(6) Sample Contract Form

(7) Sample Payment and Performance Bond Requirements

C. Forms to Complete and Return

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

(2) Conflict of Interest Questionnaire (CIQ form)

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

(4) Minority/Women Owned Business

(5) Certification Regarding Debarment

(6) Non-collusion Affidavit

(7) Resident Certification

(8) Texas Public Information Act

(9) Drug Free Work Place

(10) Interlocal Cooperative Contracting

D. Specifications

RFB No. 2025-001 For Concrete Sidewalk Removal and

Replacement

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 email to: EmilyM@pflugervilletx.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 Pflugerville.

Notices and addenda are posted on the City’s website and can be accessed at:

www.bidnetdirect.com/texas

City of Pflugerville Purchasing Services Post Office Box 589 Pflugerville, TX 78691

Telephone 512-990-6156 Fax 512-251-5768 www.pflugervilletx.gov mailto:bryang@pflugervilletx.gov http://www.bidnetdirect.com/texas

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 Pflugerville

Issuance of the RFB October 23, 2024 Deadline for questions in 5:00 p.m.

Bids due by 2:00 p.m.

November 1, 2024 November 8, 2024

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

II. Contact with City of Pflugerville The contact person for this solicitation process is: Emily McGraw, Purchasing Agent who can be reached at:

Email: EmilyM@pflugervilletx.gov Telephone: (512) 990-6156 Fax: (512) 251-5768 Questions concerning the solicitation must be submitted to contact person in writing on or before date shown in the schedule above.

Contact with someone other than the Purchasing Manager listed above, or his/her designated representative, at the City of Pflugerville 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 Pflugerville. Addenda will be made available at www.bidnetdirect.com/texas. Interested vendors are encouraged to return the Register Interest form on the previous page.

Join Microsoft Teams for the Bid Opening

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Passcode: Q8GiBY Dial in by phone

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Phone conference ID: 186 640 807# http://www.bidnetdirect.com/texas https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODdlNGU1NDktNjg4ZC00NGIxLWI4NTktOGQ1YWJlMzA0Mzhj%40thread.v2/0?context=%7b%22Tid%22%3a%22d002abd1-60d1-496e-89e3-bb0535ba7f03%22%2c%22Oid%22%3a%2256917405-257a-45c8-93fe-84526a3789ef%22%7d tel:+15123878593,,862625437#%20

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 Pflugerville, 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 Pflugerville.

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

Pflugerville 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 Pflugerville 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 calendar day unless otherwise specifically defined.

(11) “CPI” means Consumer Price Index

IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

The City of Pflugerville is accepting sealed bids for Concrete Sidewalk Removal and Replacement throughout the City from qualified contractors.

(1) Detailed specifications are attached as Appendices.

(2) The City of Pflugerville may award multiple contracts to multiple parties, if it is in the best interest of the City.

(3) The maximum expenditure amount is $90,000.00

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

C. Term of Contract

(1) Contract will commence upon acceptance and approval by the

Pflugerville City Council and shall remain for thirty-six (36) months.

The contract can be extended for two (2) additional twelve (12) month renewal periods at the discretion of the City.

(2) The City, at its option, may terminate the contract in whole or part by giving the successful bidder a written thirty (30) day notice if at any time the City determines that such termination is in the best interest, and it agrees to pay the successful bidder for services actually furnished. The successful bidder will not be entitled to lost or anticipated profits should the City choose to terminate the contract.

D. Price Increase Note: State Law prohibits increasing the original contract by more than 25%.

Increases requested beyond 25% will be rejected and the contractor may be considered in breach of contract.

(1) Any price increase associated with annual renewal must be justified by information related to the CPI or other contractor cost increases.

(2) The City will determine whether any requested price increase is in the best interest of the City and the City reserves the right to accept or reject all costs adjustments

E. Reservations by City: The City of Pflugerville 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 Pflugerville 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.

V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

1. Bids are to be submitted with a response on each item.

2. 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 74-1737408.

(b) 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.

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

Electronic bids must be received on the Texas Bid System site by:

NOVEMBER 8, 2024 at 2:00 P.M.

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 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

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

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 Please refer to the form in Appendix A.

H. Method of Award and Evaluation of Factors

(1) In accordance with Texas Local Government Code, Chapter 252, 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 Pflugerville reserves the right to contact any offeror, 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 Pflugerville 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.

APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

(2) Reference Sheet

(3) Sample Bid Bond Form

City of Pflugerville Bid Number: 2025-001 Bid Title: Concrete sidewalk removal and replacement

Tax ID No: _______________________________

Legal Business Name: _______________________________

Address: _______________________________

City State & Zip: _______________________________

Contact: ________________________________

Telephone: ________________________________

Business Entity Type: ________________________________

Email Address: _________________________________

Concrete sidewalk removal and replacement

Price per square yard $____________________

Authorized Signature _________________________________

Print Name __________________________________

“By the signature hereon affixed, the bidder hereby certifies that neither the bidder nor the entity represented by the bidder, or anyone acting for such entity has violated the antitrust laws of this State, codified in section 15.01 et seq., Texas Business and Commerce Code, or Federal Antitrust laws, nor communicated directly or indirectly, the bid made to any competitor or any other person engaged in such line of business.”

REFERENCE SHEET

Please complete and return this form with the Solicitation response

Bid No: 2025-001 Bid Title: Concrete sidewalk removal and replacement

Bidders Name: ________________________Date __________________________

Provide the name, address, telephone and point of contact of at least three customers that have utilized your company for sidewalk removal and replacement. References will be checked prior to award. Any negative responses received may result in disqualification of bid.

1. Company’s Name ______________________________________________ Name of Contact _____________________________________________ Title of Contact ______________________________________________ E-Mail Address ______________________________________________ Present Address ______________________________________________ City, State, Zip Code______________________________________________ Telephone Number __(___)_______________Fax Number_(___)__________

2. Company’s Name _______________________________________________ Name of Contact _______________________________________________ Title of Contact _______________________________________________

E-Mail Address _______________________________________________ Present Address _______________________________________________ City, State, Zip Code _____________________________________________ Telephone Number ___(___)_____________Fax Number_(__ )___________

3. Company’s Name _______________________________________________ Name of Contact _______________________________________________ Title of Contact _______________________________________________

E-Mail Address _______________________________________________ Present Address _______________________________________________ City, State, Zip Code _____________________________________________ Telephone Number ___(___)_____________Fax Number_(__ )___________

Failure to provide the required information with the solicitation response may automatically disqualify the response from consideration of award.

DNRBZ 2018 1026

CITY OF PFLUGERVILLE BID BOND

STATE OF TEXAS §

COUNTY OF TRAVIS §

CITY OF PFLUGERVILLE §

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of Pflugerville, Texas as OWNER in the penal sum of

___________ Dollars ($ ) (5% of Bid Amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The Condition of the above obligation is such that whereas the Principal has submitted to

OWNER a certain BID, to enter into a contract in writing for the

___________________________________________________ (the “Project”), which is attached hereto and incorporated herein for all purposes.

NOW ,THEREFORE, Principal and Surety agree as follows:

(a) If said BID shall be rejected; or,

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto and incorporated herein for all purposes (properly completed in accordance with the Contract Documents) and shall furnish a performance bond ensuring faithful performance of said Contract, and a payment bond ensuring the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects enter into the Contract under the terms of said BID proposal, then this obligation shall be void; otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said

Surety and its BOND shall be in no way impaired or affected by any extension of the time within

DNRBZ 2018 1026

which the OWNER may accept such BID and said Surety does hereby waive notice of any such extension.

The obligations of the parties under this BOND shall be performable in Travis County, Texas and shall be construed under the laws of the State of Texas. If legal action is necessary in connection with this BOND, exclusive venue shall be in Travis County, Texas.

Surety companies executing this BOND must appear on the United States Treasury

Department’s most current list (Circular 570, as amended) and otherwise be authorized to transact business in the State of Texas.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Signed and Agreed to this day of , 20 .

SURETY (seal) PRINCIPAL/CONTRACTOR

By: By:

(Signature) (Signature)

(Print Name) (Print Name)

(Print Title) (Print Title)

[ATTACH POWER OF ATTORNEY] [Additional signatures, if any, attached]

ATTEST: ATTEST:

APPENDIX B

Contract Requirements

(1) City of Pflugerville General Terms and Conditions

(2) Insurance & Indemnification Requirements

(3) Wage Rates

(4) Sales Tax Information

(5) Worker’s Compensation

(6) Sample Contract Form

(7) Sample Payment and Performance Bond Requirements

City of Pflugerville General Terms and Conditions Updated 10/22/2021

By submitting a response to a solicitation or bid, or by entering into a contract for goods or services and/or by accepting a purchase order, the contracting party identified below agrees that the below terms and conditions shall govern all agreements with the City unless otherwise agreed to by a specifically executed provision within the contract and if permissible by law. Absent a specifically executed provision, the below terms are BINDING and SUPERSEDE any and all other terms and/or conditions whether oral or written.

1.Payments. City will pay Contractor for goods and services in accordance with Chapter 2251, Texas Government Code. City, a municipality in the State of Texas, is exempt from Texas Sales & Use Tax on goods and services in accordance with Section 151.309, Texas Tax Code, and Title 34 Texas Administrative Code (“TAC”) Section 3.322

2. Multiyear Contracts. If the City’s city council does not appropriate funds to make any payment for a fiscal year after the City’s fiscal year in which the contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year.

(Section 5, Article XI, Texas Constitution). It is understood and agreed the City shall have the right to terminate the agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to continue the contract, as determined by the City’s budget for the fiscal year in question. The City may execute such termination by giving contractor a written notice of termination at the end of its then current fiscal year.

3. Local Preference. The City Council supports the local preference option for purchasing. In accordance with the State of Texas Local Government Code:

Texas Local Government Code Section 271.905 (b): In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.

Texas Local Government Code Section 271.9051 (b): In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:

(1) the lowest bidder; or

(2) the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.

4. No Ex-Parte Communications during Competitive Bidding Period. To insure the proper and fair evaluation of a response, the City prohibits ex parte communication (e.g., unsolicited) initiated by the proposed contractor to a City official or employee evaluating or considering the responses prior to the time a formal decision has been made. Questions and other communication from vendors will be permissible until 5:00 pm on the day specified as the deadline for questions.

Any communication between responder and the City after the deadline for questions will be initiated by the appropriate City official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the response. Ex parte communication may be grounds for disqualifying the offending responder from consideration or award of the solicitation then in evaluation, or any future solicitation.

5. Abandonment or Default. A contractor who abandons or defaults the work on the contract and causes the City to purchase the services elsewhere may be charged for any increased cost of goods, materials and/or services related thereto and shall be considered disqualified in any re-advertisement of the service and may not be considered in future bids for the same type of work for a period of three years for the same scope of work, goods or services.

6. Disclosure of Litigation. Each contractor shall include in its proposal a complete disclosure of any civil or criminal litigation or investigation pending which involves the respondent or which has occurred in the past in which the respondent has been judged guilty or liable by a competent court regardless of whether the Court Order or Judgment is final or on appeal.

7. Cancellation., the City reserves the right to cancel the contract without penalty by providing 30 days prior written notice to the contracting party. Termination under this paragraph shall not relieve the contractor of any obligation or liability that has occurred prior to cancellation.

NOTE: This contract is subject to cancellation, without penalty, at any time the City deems the vendor to be non-compliant with contractual obligations.

8. Annual Vendor Performance Review. The City reserves the right to review the vendor’s performance at the end of each twelve month contract period and to cancel all or part of the agreement (without penalty) or continue the contract through the next period.

9. Compliance with other laws and certification of eligibility to contract. Any offer to contract with the City shall be considered an executed certification that the contractor will shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, (as amended during the contracting period) and any orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of the resulting agreement, including without limitation, immigration laws, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. Additionally, such offer shall indicate that the contractor has fully read and understood the terms and conditions for eligibility to contract with the City pursuant to Chapter 38 of the City’s Ordinances and certifies they are in compliance with those local requirements. When requested, the contractor shall furnish the City with satisfactory proof of its compliance within 10 days or any contract with the City is void.

10. Compliance with all Codes, Permitting and Licensing Requirements. The successful contractor shall comply with all national, state and local standards, codes and ordinances as well as any other authorities that have jurisdiction pertaining to equipment and materials used and their application. None of the terms or provisions of the specification shall be construed as waiving any rules, regulations or requirements of these authorities. The successful bidder shall be responsible for obtaining all necessary permits, certificates and/or licenses to fulfill contractual obligations.

11. Liability and Indemnity of City. Any provision of the Contract is void and unenforceable if it: (1) limits or releases either party from liability that would exist by law in the absence of the provision; (2) creates liability for either party that would not exist by law in the absence of the provision; or (3) waives or limits either party’s rights, defenses, remedies, or immunities that would exist by law in the absence of the provision.. (Section 5, Article XI, Texas Constitution)

12. Indemnity and Independent Contractor Status of Contractor. Contractor shall indemnify, save harmless and defend the City, its officers, agents, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney’s fees and any and all other costs or fees (whether grounded in Constitutional law, Tort, Contract, or Property Law, or raised pursuant to local, state or federal statutory provision), arising out of the performance of the resulting agreement and/or arising out of a willful or negligent act or omission of the contractor, its officers, agents, and employees. It is understood and agreed that the contractor and any employee or sub-contractor of contractor shall not be considered an employee of the City.

The contractor shall not be within protection or coverage of the City’s workers’ compensation insurance, health insurance, liability insurance or any other insurance that the City from time to time may have in force and effect. City specifically reserves the right to reject any and all contractor’s employees, representatives or sub-contractors and/or their employees for any cause, should the presence of any such person on City property or their interaction with City employees be found not in the best interest of the City, harassing, or is found to interfere with the effective and efficient operation of the City’s workplace.

13. Liens. Contractor agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the resulting agreement. At the City’s request the contractor or subcontractors shall provide a proper release of all liens, or satisfactory evidence of freedom from liens shall be delivered to the City.

14. Confidentiality. Any provision in the Contract that attempts to prevent the City’s disclosure of information that is subject to public disclosure under federal or Texas law or regulation, or court or administrative decision or ruling, is invalid. (Chapter 552, Texas Government Code)

15. Tax Exemption. The City is not liable to Vendor for any federal, state, or local taxes for which the City is not liable by law, including state and local sales and use taxes (Section

151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any item. Texas limited sales tax exemption certificates will be furnished upon request. Vendors shall not charge for said taxes. If billed, the City will remit payment less sales tax.

16. Contractual Limitations Period. Any provision of the Contract that establishes a limitations period that does not run against the City by law or that is shorter than two years is void.

(Sections 16.061 and 16.070, Texas Civil Practice and Remedies Code)

17. Sovereign Immunity. Any provision of the Contract that seeks to waive the City’s immunity from suit and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision within the contract.

18. Governing Law and Venue. Texas law governs this Contract and any lawsuit on this Contract must be filed in a court that has jurisdiction in Travis County, Texas.

19. Certificate of Interested Parties (TEC Form 1295). For contracts needing City Council approval, the City may not accept or enter into a contract until it has received from the Contractor a completed, and signed TEC Form 1295 complete with a certificate number assigned by the Texas Ethics Commission (“TEC”), pursuant to Texas Government Code § 2252.908 and the rules promulgated thereunder by the TEC. The Contractor understands that failure to provide said form complete with a certificate number assigned by the TEC may prohibit the City from entering the Contract.

Pursuant to the rules prescribed by the TEC, the TEC Form 1295 must be completed online through the TEC’s website, assigned a certificate number, printed, signed and notarized, and provided to the City. The TEC Form 1295 may accompany the bid or may be submitted separately, but must be provided to the City prior to the award of the contract. Neither the City nor its consultants have the ability to verify the information included in a TEC Form 1295, and neither have an obligation nor undertake responsibility for advising any bidder with respect to the proper completion of the TEC Form 1295.

20. Amendment. Any provision of the Contract is void and unenforceable if it authorizes Contractor to amend the Contract at its sole discretion or otherwise without a negotiated and signed amendment to the Contract.

21. Texas Government Code Mandatory Provisions. The City may not enter into a contract with a company for goods and services unless the contract contains a written verification from the company that it; (i) does not boycott Israel; (ii) will not boycott Israel during the term of the contract; (iii) does not boycott energy companies; (iv) will not boycott energy companies during the term of the contract; (v) does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association; and (vi) will not discriminate during the term of the contract against a firearm entity or firearm trade association (Texas Government Code, Chapter 2271.002; 2274.002).

Company hereby verifies that it does not boycott Israel, and agrees that, during the term of this agreement, will not boycott Israel as this term is defined in the Texas Government Code, Section 808.001, as amended. Company hereby verifies that it does not boycott energy companies, and agrees that, during the term of this agreement, will not boycott energy companies as this term is defined in Texas Government Code, Section 809.001, as amended. Company hereby verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association, and agrees that, during the term of this agreement, will not discriminate against a firearm entity or firearm trade association as those terms are defined in Texas Government Code, Section 2274.001, as amended.

Further, Company hereby certifies that it is not a company identified under Texas Government Code, Section 2252.152 as a company engaged in business with Iran, Sudan, or Foreign Terrorist Organizations.

22. 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.

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

23. Subcontracting. 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.

24. 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.

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

26. 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.

27. 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.

City of Pflugerville Insurance Requirements

Bidder/Proposer performing work on City property or public right-of-way for the City of Pflugerville shall provide the City a certificate of insurance evidencing the coverage provisions identified herein. Bidder/Proposer shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverage as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy.

All insurance companies and coverage must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pflugerville.

Listed below are the types and amounts of insurance required. The City reserves the right to amend or require additional types and amounts of coverage or provisions depending on the nature of the work.

Type of Insurance Amount of Insurance Provisions

Commercial General 1,000,000 per occurrence, City to be listed as (Public) Liability to include 2,000,000 general additional insured and coverage for: aggregate provide 30- days notice of

Premises/Operations cancellation or material Or change in coverage

Products/ Completed

Operations 2,000,000 combined single City to be provided a coverage limit waiver of subrogation

Independent Contractors City prefers that insurer be Personal Injury rated B+V 1 or higher by

A.M. Best or A or higher Contractual Liability by Standard & Poors

Business Auto Liability 1,000,000 combined single City to be provided a limit waiver of subrogation

Workers' Compensation & Statutory Limits City to be provided a Employers Liability 1,000,000 each accident waiver of subrogation

Questions regarding this insurance should be directed to the City of Pflugerville (512)990-6100 A contract will not be issued without evidence of Insurance. We will only accept the ACORD 25 or ISO certificate of insurance forms.

"General Decision Number: TX20210007 01/01/2021

Superseded General Decision Number: TX20200007

State: Texas

Construction Types: Heavy and Highway

Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and

Wilson Counties in Texas.

HEAVY (excluding tunnels and dams, not to be used for work on

Sewage or Water Treatment Plants or Lift / Pump Stations in

Bell, Coryell, McClennan and Williamson Counties) and HIGHWAY

Construction Projects

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded

(and any solicitation was issued) on or after January 1, 2015.

If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/01/2021

* SUTX2011-006 08/03/2011

Rates Fringes

CEMENT MASON/CONCRETE

FINISHER (Paving and

Structures)......................$ 12.56

ELECTRICIAN......................$ 26.35

FORM BUILDER/FORM SETTER

Paving & Curb...............$ 12.94

Structures..................$ 12.87

LABORER

Asphalt Raker...............$ 12.12

Flagger.....................$ 9.45

Laborer, Common.............$ 10.50

Laborer, Utility............$ 12.27

Pipelayer...................$ 12.79

Work Zone Barricade

Servicer....................$ 11.85

PAINTER (Structures).............$ 18.34

POWER EQUIPMENT OPERATOR:

Agricultural Tractor........$ 12.69

Asphalt Distributor.........$ 15.55

Asphalt Paving Machine......$ 14.36

Boom Truck..................$ 18.36

Broom or Sweeper............$ 11.04

Concrete Pavement

Finishing Machine...........$ 15.48

Crane, Hydraulic 80 tons or less.....................$ 18.36

Crane, Lattice Boom 80 tons or less................$ 15.87

Crane, Lattice Boom over

80 tons.....................$ 19.38

Crawler Tractor.............$ 15.67

Directional Drilling

Locator.....................$ 11.67

Directional Drilling

Operator....................$ 17.24

Excavator 50,000 lbs or

Less........................$ 12.88

Excavator over 50,000 lbs...$ 17.71

Foundation Drill, Truck

Mounted.....................$ 16.93

Front End Loader, 3 CY or

Less........................$ 13.04

Front End Loader, Over 3 CY.$ 13.21

Loader/Backhoe..............$ 14.12

Mechanic....................$ 17.10

Milling Machine.............$ 14.18

Motor Grader, Fine Grade....$ 18.51

Motor Grader, Rough.........$ 14.63

Pavement Marking Machine....$ 19.17

Reclaimer/Pulverizer........$ 12.88

Roller, Asphalt.............$ 12.78

Roller, Other...............$ 10.50

Scraper.....................$ 12.27

Spreader Box................$ 14.04

Trenching Machine, Heavy....$ 18.48

Servicer.........................$ 14.51

Steel Worker

Reinforcing.................$ 14.00

Structural..................$ 19.29

TRAFFIC SIGNAL INSTALLER

Traffic Signal/Light Pole

Worker......................$ 16.00

TRUCK DRIVER

Lowboy-Float................$ 15.66

Off Road Hauler.............$ 11.88

Single Axle.................$ 11.79

Single or Tandem Axle Dump

Truck.......................$ 11.68

Tandem Axle Tractor w/Semi

Trailer.....................$ 12.81

WELDER...........................$ 15.97

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process…