ESBD_File_332001_RFB2023-050 Bid Package -Release.pdf

City of Waco, Texas

Request for Bid RFB No. 2022-050

2023 Bridge Repairs Issue Date: August 03, 2023

All Questions Due: August 17, 2023, 4:00 P.M C.T Closing Date & Time: August 24, 2023, 2:00 P.M. C.T

Opening Date & Time: August 24, 2023, 2:01 P.M. C.T

For Information Contact:

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

Non Mandatory Pre-Submittal Meeting Location:

On August 10, at 2:00 P.M.

Via Zoom Video and Dial In

RFB Opening Location:

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

Zoom & Dial-In Information:

See Page 2

Purchasing Services Post Office Box 2570

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

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

RFB 2023-050 Page 1 mailto:pcampos@wacotx.gov http://www.waco-texas.com

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

BID NUMBER:

DATE:

TIME: CENTRAL

QUICK LINK:

MEETING ID:

DIAL IN NUMBER:

PASS CODE:

ADDITONAL

INFORMATION:

PRE BID/ PROPOSAL

BID/ PROPOSAL OPENING

ZOOM ACCESS INSTRUCTIONS & ADDITIONAL INFORMATION

RFB 2023-050 Page 2 https://wacotx.zoomgov.com/j/1618473991?

https://wacotx.zoomgov.com/j/1619998322?

TABLE OF CONTENTS

Register Interest form

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

Appendices

A. Services/Products Bid Forms

(1) Pricing Form(s)

(2) Sample Bid Bond

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB1295 Information Sheet

(8) W9 Tax Form

(9) Protest Procedure

(10) Sample Contract Form

(11) Sample Payment and Performance Bond Requirements

C. Forms to Complete and Return

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

(2) Business Identification Form

(3) Application for Local Preference Consideration 271.905b

(4) Application for Local Preference Consideration 271.9051b

(5) Conflict of Interest Questionnaire (CIQ form)

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

(7) HB 89 (Israel Form)

(8) HB 89 (Firearms Form)

(9) HB 89 (Energy Form)

(10) Women Owned Business & HUB Certification

(11) Litigation Disclosure

(12) Certification Regarding Debarment

(13) Non-collusion Affidavit

(14) Resident Certification

(15) Texas Public Information Act

(16) Drug Free Workplace

D. Special Project Provisions

• See Section for Specific Documentation

E. City of Waco Specifications

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

F. Texas Department of Transportation Specifications

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

G. Plans

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

pcampos@wacotx.gov.

Fax:_________________________________

Company/Firm:

Name of Contact

Person(s): Email(s):

Telephone:

Mailing Address:

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

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

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

City of Waco Purchasing Services Post Office Box

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

City of Waco, Texas No. RFB 2023-050 2023 Bridge Repairs

Please register to stay current to all changes and addendums

REGISTER INTEREST

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PCampos Highlight mailto:pcampos@wacotx.gov http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com mailto:pcampos@wacotx.gov

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 August 03, 2023

• Pre-submittal Meeting 2:00 p.m. CT August 10, 2023

• Deadline for Questions 4:00 p.m. CT

• Bid Open & Close Date

Tentatively, the final selection decision will be made and submitters will be notified of award by August 28, 2023. This schedule is subject to change by the City.

II. Contact with City of Waco

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

Email: pcampos@wacotx.gov Telephone: (254) 750-8062 Fax: (254) 750-8063 Questions concerning the solicitation must be submitted to contact person in writing on or before date shown in the schedule above.

Via U.S. Mail:

City of Waco Purchasing Services Attn: Paul Campos, Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

Via Delivery Services/Personal Delivery :

City of Waco Purchasing Services Attn: Paul Campos, Purchasing Agent 1415 North 4th Street Waco, Texas 76707 NOTE: US Mail does NOT deliver to this street address

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

Interpretation, modification, corrections, or changes to the solicitation documents will be made by addenda issued by the City of Waco. Addenda will be made available http://www.waco-texas.com/purchasing-rules.asp. Interested vendors are encouraged to return the Register Interest form on the previous page.

A complete copy of this RFB, including information for bidders, bid forms, contract forms, plans, specifications, bid bond forms, performance and payment bond forms and all other contract documents related to this project, may be obtained at http://www.waco-texas.com/bids.asp

Via Zoom Video & Dial In

Via Zoom Video & Dial In

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August 24, 2023 August 17, 2023

PCampos Highlight mailto:pcampos@wacotx.gov http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com/purchasing-rules.asp http://www.waco-texas.com/bids.asp http://www.waco-texas.com/bids.asp

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 of 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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A. Scope of Services / Specifications

(1) The City of Waco Bridge Repairs Project includes bridge improvements for

(2) bridges, (Bagby Ave. over Cottonwood Creek and MLK Blvd. over UPRR) addressing deficiencies identified by TxDOT’s Bridge inventory, Inspection, and Appraisal Program (BRINSAP).

(2) TXDOT Pre-Qualifications is required for this project.

(3) The General Contractor shall self-perform 30% of this project.

(4) Liquidation Damages is set at $950.00 for each day of Delay.

(5) Detailed specifications are attached as Appendices.

(6) Submitting Contractor, if using Sub-Contractors, please submit Minority, Women Owned Business (MWB) status for each. Use form on Page 72.

(7) A digital version of this document a nd specifications can be obtained from the City of Waco Website at www.waco-texas.com/bids.asp

(8) EXCEL Bid Sheet by request.

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

Duration of Services The City of Waco is seeking to have the work that is the subject of this RFB completed within 120 (Base Bid with all Alternates), WORKING days from the date of the 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. 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.

IV. REQUESTED SERVICES/PRODUCTS

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Reservations by City:

The City of Waco reserves the right to reject any and all submittals. This issuance of this solicitation does not obligate the City to contract for expressed or implied services.

The City of Waco will not reimburse vendors for any costs incurred during the preparation or submittal of responses to this solicitation.

a. Furthermore, the City expressly reserves the right to:

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

ii. Extend the solicitation closing time and date;

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

iv. Procure any item by other allowable means;

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

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

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

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V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

(1)

b. Pricing Forms and Submission/Bid Security

i. Pricing Forms.

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

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

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

ii. Security – Bid Bond.

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

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

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

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

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

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

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

Qualified vendors shall submit one (1) original and (2) additional copies of the Pricing Forms for the services/products sought by this solicitation and complete all of the required forms by the stated deadline.

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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 Bids must be received at the office of Purchasing Department by 2:00 p.m.(Central Time) on August 24, 2023.

Interested parties may submit their bids Via Delivery Services or Personal Delivery to:

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

Interested parties may also submit their bids through U.S. Mail delivered to:

City of Waco Purchasing Services Attn: Paul Campos, Purchasing Agent P.O. Box 2570 Waco, Texas 76702-2570

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 bid due date for U.S. Mail delivery. If the Purchasing Office has not received the bids by the stated deadline, the bid will be returned unopened.

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

“RFB 2023-050, 2023 Bridge Repairs ” Bid Opening: 2:01 p.m. (Central Time) on August 24, 2023

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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PCampos Highlight

PCampos Highlight

D. Modification to or Withdrawal of Submission Submissions cannot be altered or amended after the submission deadline passes.

Submissions may be modified prior to the deadline by providing a written notice to the Purchasing contact person at the address previously stated. To modify a submission prior to the submission deadline:

(1) Submit a written notice of the modification WITHOUT revealing the bid price.

The modification should provide the addition, subtraction, or other modifications so that the final prices or terms will not be revealed to the City until the sealed bid is opened.

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

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

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

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

F. Vendor’s Cost to Develop Submission Costs for developing and assembling submissions in response to this solicitation are entirely the responsibility and obligation of the vendor and shall not be reimbursed in any manner by the City.

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

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X

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

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

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

(2) Lowest Responsible Bidder:

(a) The contract will be awarded to the lowest responsible bidder based on the base bid 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

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

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

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

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form (s)

(2) Sample Bid Bond Forms

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ITEM

NO DESCRIPTION EST QTY UNIT UNIT PRICE ITEM AMOUNT

BASE BID

1 MOBILIZATION 1 LS

2 SWPP PLAN AND IMPLEMENTATION 1 LS

3 TRAFFIC CONTROL PLAN AND IMPLEMENTATION 1 LS

4 REMOVE CONCRETE SIDEWALKS 30 SY

5 REMOVE METAL BEAM GUARDFENCE 220 LF

6 REMOVE CURB AND GUTTER 101 LF

7 RAIL(TY SSTR)(WITH DRAIN SLOTS)(MOD WITH HANDRAIL RETROFIT) 131 LF

8 RAIL (TY SSTR RETROFIT)(WITH DRAIN SLOTS) 262 LF

9 REMOVE & REPLACE STORM DRAIN INLET TOP 1 EA

10 POLYESTER POLYMER CONCRETE OVERLAY (1-INCH MINIMUM THICKNESS) 830 SY

11 PLANE CONCRETE APPROACH SLAB (0" TO 1") 64 SY

12 CURB AND GUTTER REPLACEMENT 100 LF

13 CURB AND GUTTER FILLET 20 SF

14 INSTALL REINFORCED CONCRETE SIDEWALK(6-IN THICKNESS) 200 SY

15 RAIL (HANDRAIL) (WACO DISTRICT) 228 LF

16 CONCRETE STRUCTURE REPAIR (PARTIAL DEPTH) 35 SF

17 CONCRETE RIPRAP (FLATWORK) 65 SY

18 TYPE 7 CURB RAMP 1 EA

19 RIPRAP (MOW STRIP)(5-IN) 137 SY

20 METAL BEAM GUARD FENCE (THRIE-BEAM TRANS) 2 EA

21 METAL BEAM GUARD FENCE (STEEL POST) 113 LF

22 GUARDRAIL END TREATMENT (INSTALL) 2 EA

23 SOIL RETENTION BLANKET (CLASS 2) (TYPE G) 980 SY

24 BROADCAST SEED 980 SY

25 PAVEMENT MARKINGS/MARKERS 1 LS

26 PENETRATING CONCRETE SURFACE TREATMENT 90 SY

27 CLEARING AND GRUBBING 1 LS

28 CHANNEL GRADING (INCLUDING HAULOFF) 1 LS

BASE BID SUBTOTAL AMOUNT BID:

ADD ALTERNATE #1

29 ADDITIONAL MOBILIZATION FOR ADD ALTERNATE 1 1 LS

30 ADDITIONAL SWPP PLAN AND IMPLEMENTATION FOR ADD ALTERNATE 1 1 LS

31 ADDITIONAL TRAFFIC CONTROL PLAN AND IMPLEMENTATION FOR ADD ALTERNATE 1 1 LS

32 CONCRETE STRUCTURE REPAIR (PARTIAL DEPTH) 90 SF

33 REMOVE CONCRETE (RIPRAP) 1,200 SY

2023 BRIDGE REPAIRS (18ST2210C)

BID PROPOSAL FOR

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ITEM

NO DESCRIPTION EST QTY UNIT UNIT PRICE ITEM AMOUNT

34 CONSTRUCT CONCRETE RIPRAP 1,200 SY

35 CLEARING AND GRUBBING 1 LS

36 PENETRATING CONCRETE SURFACE TREATMENT 4,616 SY

ADD ALTERNATE #1 SUBTOTAL AMOUNT BID:

TOTAL AMOUNT BID (BASE BID + ADD ALTERNATE #1):

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

I WILL USE THE FOLLOWING SUBCONTRACTORS FOR THIS WORK:

SUBCONTRACTOR TYPE OF WORK

FIRM NAME:

BY (SIGNED):

TITLE:

ADDRESS:

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

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

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.

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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:

Name of Principal - Contractor

BY:

signature

Title:

Address:

Name of Surety

BY:

Attorney-in-Fact signature

Address:

For Attorney in Fact

Secretary (if corporation) / Witness

(if corporation Corporate Seal)

ATTEST:

Surety Secretary

(Surety Seal)

Witness to Surety Address:

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

(11/03/2016)

COMPLETED FORM MUST BE RETURNED WITH BID/PROPOSAL

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(1) City of Waco General Terms and Conditions

(2) General Conditions for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) HB1295 Information Sheet

(8) W9 Tax Form

(9) Protest Procedure

(10) Sample Contract Form

(11) Sample Performance and Payment Bond Requirements

APPENDIX B

Contract Requirements

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

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

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

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

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

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

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

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

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

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

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APPENDIX B. (1)

General Waco Terms and Conditions

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

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

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

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

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

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

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

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

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(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.

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

Standard Specifications conflicts with a provision in this solicitation, the provision in this solicitation controls. If the applicable provision is still unclear, the City Manager for the City of Waco, or his designee, will determine which provisions, specification or standard controls and his determination shall be final.

The City of Waco Standard Specifications may be obtained by accessing the City of Waco website at http://www.waco-texas.com/engineering-specifications.asp.

(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 working 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.

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APPENDIX B. (2)

General Conditions for Construction Work http://www.waco-texas.com/engineering-specifications.asp http://www.waco-texas.com/engineering-specifications.asp http://www.waco-texas.com/engineering-specifications.asp

(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)

(e)

(f) 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.

(g) 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.

(h) 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.

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.

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

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(i) 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.

(j) 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.

(k) 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.

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City of Waco Insurance & Indemnification Requirements Horizontal Construction (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 in such amounts as are approved by the City, 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).

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.

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. In no instance will the City allow a modification which results in the City incurring increased risk.

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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, Employers’ Liability, and Professional Liability Insurance, the City, its elected officials, officers, servants, agents, volunteers and employees shall be named as additional insureds. No officer or employee, other than the City Risk Manager or designee, shall have authority to waive this requirement.

Other-Insurance Endorsement -- All insurance policies are to contain or be endorsed to state that an “Other Insurance” clause shall not apply to the City where the City is an additional insured shown on the policy.

Agent Information. The certificate(s) or other proof of insurance must be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, containing all required information referenced or indicated thereon.