ESBD_File_346576_Chaparral Pump Station Re-Bid - IFC Specs Vol 1 of 2 rev 1.pdf

CITY OF KILLEEN, TEXAS

SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR THE

CONSTRUCTION OF

CHAPARRAL PUMP STATION RE-BID

Volume I of II

BID NO: 24-21

December 2023

Prepared by

PREPARED BY:

FREESE AND NICHOLS, INC.

10431 MORADO CIRCLE, SUITE 300

AUSTIN, TEXAS 78759

(512) 617-3100

TEXAS REGISTERED ENGINEERING FIRM F-2144

THIS PAGE INTENTIONALLY LEFT BLANK

CONTRACT DOCUMENTS FOR CONSTRUCTION OF

CITY OF KILLEEN

CHAPARRAL PUMP STATION

DECEMBER 2023

Division 00, 01, 09, 10, 22, 33, 40, 43 Division 03, 05, 31

Division 23 Division 26, 40

01/6/

01/06/2023

FREESE AND NICHOLS, INC

TEXAS REGISTERED ENGINEERING

FIRM F-2144

01/6/2023

FREESE AND NICHOLS, INC

TEXAS REGISTERED ENGINEERING

FIRM F-2144

12/08/2023 10:52:33 AM

12/08/2023

FREESE AND NICHOLS, INC

TEXAS REGISTERED ENGINEERING

FIRM F-2144

FREESE AND NICHOLS, INC

TEXAS REGISTERED ENGINEERING

FIRM F-2144

Division 04, 06, 07, 08, 09, 10

Kathie

05/26/2023

November 2021

CoK BN: 24-21 Table of Contents Page 1

Table of Contents

VOLUME I

City Officials

BIDDING REQUIREMENTS

Notice to Bidders

Information and Instructions

Bid or Proposal General Terms and Conditions – City of Killeen

BID DOCUMENTS (To be returned with Bid)

Bid Proposal

Bid Bond

Statement of Qualifications

Litigation Summary

Conflict of Interest Questionnaire (Form CIQ)

Certificate of Corporate Resolution

Local Government Officer Conflicts Disclosure

Certificate of Interested Parties – Form 1295, to be completed online at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

CONTRACT

Standard Form of Agreement

Performance Bond

Payment Bond

Maintenance Bond

Standard General Conditions of the Construction Contract

Supplementary Condition

Wage Rates https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

CoK BN: 24-21 Table of Contents Page 2

STANDARD FORMS

Certificate of Insurance

Notice of Award Form

Notice to Proceed Form

Application for Payment Form

Transmittal of Shop Drawings Form

Change Order Form

Request for Payment of Material on Hand Form

Request for Payment of Materials on Hand Summary Page

Certificate of Substantial Completion Form

Certificate of Construction Completion Form

As Built Certification and Transmittal

Title Warranty

Affidavit of Payment of Debts and Claims

APPENDIX

Appendix A&E Nondiscrimination Requirements

CITY OF KILLEEN TECHNICAL SPECIFICATIONS

Section 200 – Project Requirements

202 - Definition of Terms

203 - Abbreviations

204 - Summary of the Work

205 - Site Conditions

206 - Contractor Use of Premises

207 - Control of Work

208 - Control of Materials

209 - Legal Relations and Responsibilities to the Public

210 - Environmental Protection Procedures

211 - Submittals

212 - Trench Safety Requirements

CoK BN: 24-21 Table of Contents Page 3

213 - Testing of Pipelines and Manholes

214 - Summary of Testing (Miscellaneous)

215 - Project Closeout

216 - Project Identification Signage

217 - Warrant

218 - Inspection of Projects

Section 300 – General Specifications

301 - Barricades, Signs and Traffic Handling

302 - Site Preparation

303 - Site Clearing

304 - Trenching, Backfilling and Compaction

305 - Granular Fill Materials

306 - Sedimentation and Temporary Erosion Control

307 - Loaming, Hydroseeding and Permanent Erosion Control

308 - Miscellaneous Work and Cleanup

309 - Structural Excavation

Section 400 – Drainage Specifications

408 - Riprap for Slope Protection

Section 500 – Transportation Specifications

501 - Hot Mix Asphaltic Concrete Pavement

502 - Roadway Excavation

503 - Embankment

504 - Flexible Base (Crushed Stone)

506 - Lime Treatment for Materials in Place

Section 600 – Water Specifications

601 - Ductile Iron Pipe and Fittings

603 - Valves, Hydrants and Appurtenances

CoK BN: 24-21 Table of Contents Page 4

Section 700 – Wastewater Specifications

702 - Polyvinyl Chloride (PVC) Pipe - Wastewater

Section 800 – Concrete Specifications

801 - Concrete Structures

802 - Concrete for Structures

804 - Concrete Curb and Gutter

805 - Concrete Sidewalks, Driveways and Flatwork

806 - Membrane Curing

807 - Reinforcing Steel

808 - Flowable Backfill

809 - Concrete Pavement

810 - Shotcrete

ADDITIONAL TECHNICAL SPECIFICATIONS

Division 01 – General Requirements

01 23 10 – Alternates and Allowances

01 29 01 - Measurement and Basis for Payment

01 33 04 - Operation and Maintenance Data

01 33 05 - Construction Progress Schedule

01 33 06 - Graphic Documentation

01 40 01 - IBC Special Instructions

01 57 23 - Temporary Stormwater Pollution Control

01 75 00 - Starting and Adjusting

01 79 00 - Training of Operation and Maintenance Personnel

Division 03 – Concrete

03 11 00 - Concrete Forming

03 21 00 - Reinforcing Steel

03 30 00 - Cast-In-Place Concrete

CoK BN: 24-21 Table of Contents Page 5

Division 04 – Masonry

04 20 00 - Unit Masonry

Division 05 – Metals

05 05 13 - Galvanizing

05 12 00 - Structural Steel Framing

05 31 00 - Steel Decking

05 50 00 - Metal Fabrications

Division 06 – Woods, Plastics and Composites

06 10 00 - Rough Carpentry

Division 07 – Thermal and Moisture Protection

07 21 00 - Thermal Insulation

07 27 26 - Fluid-Applied Membrane Air Barriers

07 42 13 - Metal Wall Panels

07 52 16 - Styrene-Butadiene-Styrene (SBS) Modified Bituminous Membrane Roofing

07 62 00 - Sheet Metal Flashing and Trim

07 72 00 - Roof Accessories

07 92 00 - Joint Sealants

VOLUME II

Division 08 – Openings

08 11 13 - Hollow Metal Doors and Frames

08 33 23 - Overhead Coiling Doors

08 45 23 - Fiberglass-Sandwich-Panel Assemblies

08 71 00 - Door Hardware

08 90 00 - Louvers and Vents

Division 09 – Finishes

CoK BN: 24-21 Table of Contents Page 6

09 22 16 - Non-Structural Metal Framing

09 29 00 - Gypsum Board

09 96 00.01 - High Performance Coatings

09 99 00 - Painting

Division 10 – Specialties

10 14 19 - Dimensional Letter Signage

10 44 01 - Fire Extinguishers

10 73 16.13 - Aluminum Canopy Structures

Division 22 – Plumbing

22 10 00.01 - Miscellaneous Piping and Appurtenances

22 14 29.16 - Submersible Sump Pumps

Division 23 – HVAC

23 00 00 - Heating, Ventilating, and Air Conditioning

23 05 13 - Common Motor Requirements for HVAC Equipment

23 05 53 - Identification for HVAC Piping and Equipment

23 05 93 - Testing, Adjusting, and Balancing for HVAC

23 34 23 - HVAC Ventilators

23 81 13 - Packaged Wall-Mount Air-Conditioning Units

23 82 39.13 - Wall Unit Heaters

Division 26 – Electrical

26 01 26 - Testing of Electrical Systems

26 05 00 - Common Work Results for Electrical

26 05 19 - Low Voltage Electrical Power Conductors and Cables

26 05 23 - Control-Voltage Electrical Power Cables

26 05 26 - Grounding and Bonding for Electrical Systems

26 05 29 - Hangers and Supports for Electrical Systems

26 05 33 - Raceways and Boxes for Electrical Systems

26 05 36 - Cable Trays for Electrical Systems

CoK BN: 24-21 Table of Contents Page 7

26 05 43.01 - Manholes and Concrete Pull Boxes for Electrical Systems

26 05 53 - Identification for Electrical Systems

26 05 73.01 - Electrical Power System Studies

26 09 23 - Lighting Control Devices

26 22 13 - Low Voltage Distribution Transformers

26 24 13 - 600 Volt Switchboards

26 24 16 - Panelboards

26 27 26 - Wiring Devices

26 28 16 - Enclosed Switches and Circuit Breakers

26 29 13 - Enclosed Controllers

26 29 23.11 - Low Voltage Variable Frequency Drives

26 29 87 - Electrical Control Panels

26 32 13 - Engine Generators

26 41 13 - Lightning Protection for Structures

26 50 00 - Lighting

Division 31 – Earthwork

31 23 10 - Structural Excavation and Backfill

31 32 19.15 - Geotextile

Division 32 – Exterior Improvements

32 91 13 - Soil Preparation

32 91 19.13 - Topsoil Placement and Grading

Division 33 – Utilities

33 10 13 - Disinfecting of Water Utility Distribution

Division 40 – Process Integration

40 05 53 - Identification for Process Piping and Equipment

40 05 78 - Air Release and Air And Vacuum Valves

40 90 00 - Instrumentation and Control for Process Systems

40 90 01 - Instrumentation

40 90 02 - Supervisory Control and Data Acquisition (SCADA) System

CoK BN: 24-21 Table of Contents Page 8

40 90 02.01 – Points List

40 90 03 - Control Narratives

40 92 13.20 - Pump Control Valves

Division 41 – Materials Handling And Process Equipment

41 22 13.13 - Bridge Cranes

Division 43 – Process Gas & Liquid Handling

43 23 21 - Horizontal Split-Case Centrifugal Pumping Units

Appendix

Appendix A Geotechnical Investigation

Appendix B Easement Documents

Appendix C Standard Product List

Appendix D Electric Utility Information

CITY OF KILLEEN, TEXAS

CITY OFFICIALS:

MAYOR

Debbie Nash-King

CITY MANAGER

Kent Cagle

COUNCIL MEMBERS

Nina Cobb

Jose L. Segarra

Ramon Alvarez

Jessica Gonzalez

Joseph Solomon

Michael Boyd

Riakos Adams

EXECUTIVE DIRECTOR OF PUBLIC WORKS

Jeff Reynolds

BIDDING REQUIREMENTS

NOTICE TO BIDDERS

BID NO. 24-21

Chaparral Pump Station Re-Bid

CITY OF KILLEEN, TEXAS

Notice is hereby given that the City of Killeen will receive sealed bids for Chaparral Pump Station Re-Bid electronically through the City’s OpenGov e-bidding site or addressed to the City of Killeen, Attn: Purchasing Division, 802 N. 2nd Street, Building E, 2nd Floor, Killeen, Texas 76541, until 3:00 p.m.

on January 18, 2024. Submittals received after the closing time will be returned unopened. Vendors may register and submit bids electronically at https://procurement.opengov.com/login.

Bids will be opened and read aloud through Zoom online video conferencing at 3:15 p.m. on January 18, 2023; Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09

Call: 1-346-248-7799 Meeting ID: 339 788 7656 Password: 04142020

A pre-bid conference will be held on January 9, 2024, at 3:00 p.m. in the Conference Room at 805 W.

Jasper Drive, Killeen Texas 76542. Attendance is mandatory.

Bid questions will be accepted on the OpenGov e-bidding site, until 3:00 p.m. on January 11, 2024.

Questions will be answered in the form of an addendum and posted on the OpenGov website. It is the bidders/proposer’s responsibility to obtain and acknowledge all addendums.

Complete information regarding this solicitation may be obtained from the City of Killeen website (https://www.killeentexas.gov/414/Purchasing), Demand Star (http://www.demandstar.com/), ESBD (http://www.txsmartbuy.com), and OpenGov E-Bidding Site (https://procurement.opengov.com/login).

The City of Killeen reserves the right to reject any or all bids and waive any irregularities.

CITY OF KILLEEN, TEXAS

Lorianne Luciano Director of Procurement and Contract Management https://procurement.opengov.com/login https://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09&omn=87538714216 https://www.killeentexas.gov/414/Purchasing http://www.demandstar.com/ http://www.txsmartbuy.com/ https://procurement.opengov.com/login

INSTRUCTIONS TO BIDDERS

Preparation of Bids:

This is your notice that sealed bids, including electronic submission, for Chaparral Pump Station Re-Bid (24-

21) subject to the Terms & Conditions of this Invitation for Bids (General Terms and Conditions attached hereto) and such other contract provisions, specifications or other data as are attached to this Bid (known as the bid packet).

Bids will be received electronically through the City’s OpenGov e-bidding site or at the Purchasing Office, 802 N.

2nd Street, Bldg. E, Killeen, TX, 76541, until the hour of 3:00 p.m., January 18, 2024. At 3:15 p.m. on January 18, 2024, the bids will be opened and via Zoom conferencing. Any bid received after the closing time will be returned unopened. No late bids will be accepted. All bids shall be submitted as listed below. Complete bids received by e-mail or faxed will not be considered.

Bidders are encouraged to submit bids electronically, however, if submitted by mail or hand delivered, one (1) original, signed and initialed in ink (not pencil), one (1) electronic copy on a flash drive of the entire bid packet shall be submitted at the above location prior to the bid deadline. All bidder markings on the bid packet shall be in a legible format in English. Any non-legible markings may make the bid non-responsive and disqualify your bid submission. All errors or changes in the bid shall be corrected by striking through the error or change once with ink. The bidder shall initial next to each correction made. All corrections shall be complete and final before submitting your bid by the stated deadline. Bidders shall submit at least three (3) businesses as references of the proposed item, with addresses, telephone numbers and contact persons.

The City of Killeen (or "City") reserves the right to reject any or all bids and evaluate any or all Water & Sewer

Supply Items bids prior to bid award.

In the case of inclement weather or any other unforeseen event causing the City to close for business or delay opening, bids will be received and opened the following business day at the designated time stated herein. For example, if bids are due on Wednesday at 2:00 p.m. and the City is closed on Wednesday for bad weather or an unforeseen event, the bids will be accepted until Thursday, 2:00 p.m. or if bids are due at 2:00 p.m. on Wednesday, but the City opened at 10:00 a.m. on Wednesday due to bad weather or an unforeseen event, then bids will be accepted until Thursday, 2:00 p.m.

A mandatory Pre-Bid meeting will be held January 9, 2024 at 3:00 p.m. in the Water and Sewer Conference Room, 805 West Jasper Drive, Killeen, Texas 76542.

Any questions or requests for clarification must be submitted to the OpenGov e-bidding site prior to 3:00 pm on

Thursday, January 11, 2024. All responses to the questions will be posted the City’s OpenGov e-bidding site in addendum format. Unauthorized contact regarding this Invitation to Bid with any City of Killeen employees or contractors may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Killeen. Bidders should rely only on written statements issued by the Director of Procurement and

Contract Management.

Cost of Preparing Bids:

The City of Killeen is not liable for any costs incurred by bidders in the preparation and presentation of bids and demonstrations submitted in response to this Invitation to Bid.

Withdrawal of Bid:

A bidder may withdraw a bid that has been submitted at any time up to the bid opening due date and time. To accomplish this, a written request signed by an authorized representative of the bidder shall be submitted to lluciano@killeentexas.gov. Once the bids are opened, all bids shall be valid for a period of ninety (90) days after the bid opening.

mailto:lluciano@killeentexas.gov

Bidding Error:

The City of Killeen will not be liable for any errors in any bidder’s bid. Bidders will not be allowed to alter bids after the deadline for the submission of bids.

When, after the opening and tabulation of bids, a bidder claims error, and requests to be relieved of award, it will be required to promptly present corrected data in writing signed by an authority figure with the company. This written response shall be received by the Purchasing Department within two (2) business days after the stated bid open time and date. The Purchasing Department will review the data and if the City is convinced, by clear and convincing evidence, that an honest, mathematically excusable error or critical omission of costs has been made, and said error is legally excusable, the bidder may be relieved of its bid. The City will make a determination within ten (10) business days of receipt of the written response and notify the bidder of the outcome.

Award of Bid:

The City will award the bid, if any, in a manner described in section 10 of the General Terms and Conditions.

Contracts may be awarded to each bidder meeting the minimum specifications and evaluation criteria. The anticipated date of the notice of award is February 27, 2024.

Conditions of Work:

Each bidder is expected to inform himself fully of the construction and labor conditions under which the work will be performed, and will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, TECHNICAL SPECIFICATIONS, and PLANS. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the

Contract and to complete the contemplated work for the considerations set forth in this BID. Any information given in regard to subsurface data, test borings, and similar conditions are to be considered approximate and does not relieve the bidder of the responsibility for its verification.

Site Investigation:

The Bidder acknowledges that he has satisfied himself as to the nature and location of the Work, the general and local conditions, including, but not limited to, those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads, and uncertainties of weather, river stages, or similar physical conditions of the site, the conformation and facilities needed preliminary to and during prosecution of the

Work.

Minimum Qualifications:

The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work. The Bidder shall furnish all such information and data for this purpose as the Owner may request. The

Owner reserves the right to reject any bid if the Bidder is not properly qualified to carry out the obligations of the

Contract. Conditional bids will NOT be accepted.

III. BID OR PROPOSAL GENERAL TERMS AND CONDITIONS

CITY OF KILLEEN

1. General Conditions

Bidders are required to submit their Bid upon the following express conditions:

(a) Bidders shall make all investigation necessary to thoroughly inform themselves regarding plant and facilities for delivery of fuel and equipment as required by the Bid conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation to the bidder.

(b) Unless specifically stated otherwise in the specifications, only new products or equipment will be acceptable.

2. Preparation of Bid

Bid will be prepared in accordance with the following:

(a) All information required by the Bid shall be furnished. The bidder shall print or type his/her name and manually sign the Bid and each continuation sheet on which an entry is made.

(b) Unit prices shall be shown and where there is an error in extension of the price, the unit price shall govern.

(c) Alternate Bids will not be considered unless authorized by the City.

(d) Proposed delivery time must be shown and shall include weekends and holidays if requested by the

City.

(e) The City qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and equipment used or consumed in performance of the Contract may be exempted by issuing to suppliers an exemption certificate in lieu of tax. Exemption certificates comply with State Comptroller of Public Accounts Ruling No.

95-0.07. Any such exemption certificate issued in lieu of tax shall be subject to State Comptroller of Public Accounts Ruling No. 95-0.09, as amended. Failure by the Bidder or the bidder�s Subcontractors s to take advantage of the City�s exemption and to obtain such exemption certificate shall make him responsible for paying taxes incurred on materials furnished on the Project without additional cost to or reimbursement by the City.

3. Description of Supplies

Any catalog of manufacturer's reference used in describing an item is merely descriptive, and not restrictive, unless otherwise noted, and is used only to indicate type and quality of material. Bidders are required to state exactly what they intend to furnish; otherwise they will be required to furnish the item as specified.

4. Submission of Bid

By submitting your Bid, you acknowledge that the City of Killeen will not accept any Bid, or execute any submitted contract in conjunction with a Bid that requires the City to agree to any of the following:

Governing law other than the law of the State of Texas

Venue other than Bell County

Mandatory arbitration

Artificial limitation of liability

Artificial statute of limitation

Waiver of trial by jury

(a) Bid and changes thereto shall be enclosed in a sealed envelope addressed to the Purchasing Office, City of Killeen. The names and address of Bidder, the date and hour of the Bid opening and the Bid number shall be placed on the outside of the envelope.

(b) Bids must be submitted on the forms furnished. Telegraphic Bids will not be considered. However, Bids may be modified by written notice provided such notice is received prior to the time and date set for the Bid opening.

(c) All Bid documents shall be sealed and submitted no later than the specified date and hour of the Bid opening to:

Delivery Address:

City of Killeen

Attn: Purchasing Division 802 2nd Street, Bldg. E

Killeen, TX 76541

5. Rejection of Bid

(a) The City may reject a Bid if:

1. The Bidder misstates or conceals any material fact in the Bid, or if

2. The Bid does not strictly conform to law or the requirements of the Bid, or if

3. The Bid is conditional, except that the Bidder may qualify his Bid for acceptance by the

City as an "All or None" basis.

(b) The City may, however, reject all Bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a Bid unless the Bid has been qualified as provided in section 5(a) 3 above.

6. Withdrawal of Bid

Bid may not be withdrawn for up to ninety (90) days after the time set for the Bid opening, unless otherwise stated in the Bid.

7. Late Bid or Modifications

Bid and modifications received after the time set for the Bid opening will not be considered.

8. Clarification or Objection to Bid Specifications

If any person contemplating submitting a Bid for this contract is in doubt as to the true meaning of the specifications, or other Bid documents, or any part thereof, he may submit to Purchasing, a request for clarification by the deadline established in the Bid. All such requests for information shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the Bid, if made, will be made only by an addendum duly issued. A copy of such addendum will be distributed to all known bidders who have expressed an interest in this bid. The City will not be responsible for any other explanation or interpretation of the proposed Bid made or given prior to the award of the contract. Any objection to the specifications and requirements, as set forth in the Bid documents must be filed in writing with the Purchasing Division by the deadline established in the Bid.

9. Discounts

(a) Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business.

(b) In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check.

10. Award of the Contract

(a) The contract will be awarded to the lowest responsible bidder or, if applicable, the responsible bidder who provides goods or services at the best value for the municipality based on, but not limited to, the following factors:

* Unit price

* Total Bid price

* Terms and discounts

* Delivery date

* Product warranty

* Special needs and requirements of City

* Past experience with product/service

* City's evaluation of the bidder's ability, financial, strength, and ethical standards

* Quality of the bidder�s goods or services

* The extent to which the goods or services meet the municipality�s needs

* Bidder's past performance

* Demurrage charges, freight costs and mileage

* Estimated costs of supplies, maintenance, etc.

* Estimated surplus value, life expectancy

* Results of testing samples

* Conformity to specifications

* Training requirements, location, etc.

* Location of maintenance facility/service person;

ability to provide for minimum down time

* The total long-term cost to the municipality to acquire the bidder�s goods or services

�Lowest responsible bidder� means the Bidder submitting the lowest bid meeting all requirements of the specifications, instructions, and terms and conditions of the bid and who has the financial and practical ability to fully and reliably perform all obligations of the Contract, taking into consideration qualifications and past performance of the Bidder. The following are considered examples of performance that is not responsible and may lead to a determination that the Bidder is not responsible:

Falsification of information provided in bid response;

Non-observance of safety requirements;

Failure to meet requirements of federal, state, or local law, as applicable, including employment;

Substantial failure to adhere to contractually agreed-upon schedules; and

Poor past performance on City projects such as use of defective materials, refusal to correct defective work not in accordance with contract documents, failure to reasonably resolve disputes, termination for cause, or performance leading to litigation.

(b) The City reserves the right to accept any item or group of items of this Bid, unless the Bidder qualifies his Bid by specific limitation. Reference section 5(a) 3 above.

(c) A written award of acceptance mailed or otherwise furnished to the successful Bidder will follow council approval. A contract, for review by the City�s legal team, shall follow receipt.

(d) Prices must be quoted "F.O.B. Destination (Killeen) with all transportation charges prepaid," unless otherwise specified in the Bid.

(e) If identical Bids are received from two or more bidders and those Bids are the lowest and best Bid, the tie shall be broken in accordance with provisions in Section 271.901 of the Texas Local Government Code.

(f) As stated in Section 271.905 of the Texas Local Government Code, �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 competitive sealed Bid 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 municipality, 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.�

(g) As stated in Section 271.9051(b) of the Texas Local Government Code, �In purchasing real property or personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed Bid 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 an expenditure 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 local government 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.�

11. Bid Protest

Any bidder wishing to file a protest concerning alleged improprieties with this solicitation must submit the protest in written format to the Purchasing Division within 5 business days after the specified time of the Bid opening. The formal written protest must identify the name of the bidder contesting the solicitation, the project name and number, and the specific grounds for the protest with all supporting documentation. A response to the protest will be prepared by Purchasing within 10 business days of receipt of the protest. All determinations made by the City are final.

12. Termination of Contract

Any contract pursuant after this bid packet shall remain in effect until the contract expires, delivery/completion and acceptance of products and/or performance of services ordered or until terminated by either party with a thirty (30) day written notice prior to any cancellation. The City reserves the right to award a contract to next best bidder it deems to be in the best interest of the City, should a contract be awarded and subsequently cancelled.

13. Assurance of Compliance

For Equal Employment Opportunity and Small and/or Minority Business Enterprise Requirements the bidder agrees that if this Bid is accepted, he/she will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation.

14. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council or a councilmember�s close relative or any officer or employee of the City has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the City, or is financially interested, directly or indirectly, in the sale to the City any land, materials, supplies or services except on behalf of the City, as an officer or employee, the official shall file before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

(a) in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

(b) in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

Chapter 176 of the Texas Local Government Code mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Killeen, including affiliations and business and financial relationships such persons may have with the City of Killeen. An explanation of the requirements of Chapter 176 and complete text of the law are available at:

http://www.statutes.legis.state.tx.us/SOTWDocs/LG/htm/LG.176.htm

15. Venue for Legal Action

The standard form of agreement later referenced in this bid packet (page 19) shall be governed and construed according to the laws of the State of Texas. Venue for purposes of any and all lawsuits, causes of actions, claims or disputes shall be in Bell County, Texas.

16. Conflicts in Terms and Conditions for Bids

If any conflicts exist between the Terms and Conditions for Bids and the standard form of agreement between the owner and Bidder, the standard form of agreement between the owner and bidder shall prevail.

17. Insurance

All bidders shall have the appropriate amount of insurance while delivering the items once awarded. This coverage shall be present as to cover all losses, until the City accepts the items in writing.

A. Comprehensive General Liability and Property Damage Insurance.

The bidder shall take out and maintain during the life of this Contract such Comprehensive General Liability and Property Damage Insurance as shall protect the City from claims for damages or personal injury, including accidental death, as well as from claims for property damages which may arise from delivering the item under this contract, whether such operations be by himself or by an subcontractor or by anyone directly or indirectly employed by either of them, and the minimum amounts of such insurance shall be as follows:

Bodily Injury.

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

Property Damage Insurance.

(1) Each Occurrence - $1,000,000

(2) Annual Aggregate - $2,000,000

B. Comprehensive Automobile Liability.

Bodily Injury

(1) Each Person - $500,000

(2) Each Accident - $1,000,000

Property Damage

(1) Each Occurrence - $1,000,000

18. Verification by Vendor

Vendor hereby verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section 808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

19. Acknowledgement

Each bidder, by their signature, represents that they have read the �Terms and Conditions for Bids�, and will comply with these terms and conditions.

By signing this document, the respondent hereby verifies that it does not boycott Israel and will not boycott

Israel during the term of this contract. Boycotting Israel is defined in Texas Government Code section

808.001 to mean refusing to deal with, terminating business activities with, or taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes

Additionally, the City may not enter into a contract for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials or equipment with a company engaged in business with Iran, Sudan or a foreign terrorist organization.

SIGNATURE: _______________________________________________________DATE:__________________

PRINT NAME: ________________________________________________________________

BID DOCUMENTS (TO BE RETURNED WITH BID)

November 2021 Bid Proposal Page 1 CoK BN: 24-21

BID PROPOSAL

The undersigned, as Bidder, declares that the only person or parties interested in this Bid proposal (�Bid�) as principals are those named herein, that this Bid is made without collusion with any other person, firms, or corporation, that he has carefully examined the form of contract, Notice to Bidders, Specifications and the Plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work, and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the Contract and Specifications in the manner prescribed and according to the requirements of the Engineer as herein set forth.

It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. Payments for such items will be made on the basis of the actual quantity incorporated in the Work.

It is further agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the Work fully as planned and contemplated, and that all quantities of work, whether increased or decreased, are to be performed at the unit prices set forth below except as provided for in the Specifications.

It is further agreed that lump sum prices may be increased to cover additional work ordered by the Engineer, but not shown on the Plans or required by the Specifications, in accordance with the provisions of the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered.

It is understood and agreed that the work is to be completed in full within the time shown in the Instruction to Bidders.

Accompanying this Bid is a Cashier�s Check or Bid Bond in the amount of

DOLLARS ($ ),

which is a minimum of five (5%) percent of the total amount of the Base Bid.

The bid security accompanying this Bid shall be returned to the Bidder, unless, in case of the acceptance of the Bid the Bidder shall fail to execute a Contract and file a Performance and Payment Bond within ten (10) days after its acceptance, in which case the Bid security shall become the property of the OWNER, and shall be considered as payment for damages due to delay and other inconveniences suffered by the OWNER on account of such failure of the Bidder. It is understood that the OWNER reserves the right to reject any and all Bids received.

November 2021 Bid Proposal Page 2

Unit Prices

Item No. Bid Item Description

Estimated Quantities Measure Unit Price

Unit Amount

1.01 Mobilization (Supplementary Conditions Item 15)

1 LS

1.02

Furnish and Install 8 MGD Pump Station, complete with all appurtenances, site work and all other work not identified in other bid items, complete as specified and indicated on the drawings for the unit price of:

1 LS

1.03

Furnish and install all electrical equipment, lighting, instrumentation, controls, SCADA system, and all appurtenant work to support the pumpstation as specified and indicated on the drawings for the unit price of:

1 LS

1.04 Trench Safety Plan (Item 212) 1 LS

1.05 Trench Safety Implementation (Item 212)

650 LF

1.06 Trench Safety Implementation for Excavations* (Item 212)

3,877 SF

1.07

Electric Utility Allowance to provide electric service to the pump station. This effort includes BEC installing 3-phase service lines, set transformer, and new service to pump station. 1 LS $60,000.00 $60,000.00

Total Bid

Total Materials Bid *Minimum area

In the event of award of a contract to the undersigned, the undersigned will appear before the authorized representative of the Owner and furnish Performance and Payment bonds for the full amount of the Contract, with the sureties offered by:

and

November 2021 Bid Proposal Page 3

To secure proper compliance with the terms and provisions of the Contract to insure and guarantee the work until final completion and acceptance and to guarantee payment of all claims for labor performed and material furnished in fulfillment of the Contract.

The work proposed to be done shall be accepted when fully completed and finished in accordance with Chaparral Pump Station Re-Bid Plan Sheets and Specifications, to the satisfaction of the Engineer.

November 2021 Bid Proposal Page 4

The undersigned certifies that the Bid prices contained in this Bid have been carefully checked and are submitted as correct and final.

Receipt is hereby acknowledged of the following addenda to the Contract Documents:

Addendum No. 1 dated Received Addendum No. 2 dated Received Addendum No. 3 dated Received

This is a Bid of: Corporation, organized and existing under the laws of the State of , or; a Partnership consisting of

, or; and Individual, doing business as .

By:

Seal, if a Corporation

TITLE

MAILING ADDRESS

STREET ADDRESS

CITY AND STATE

TELEPHONE NUMBER

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, _________________ as Principal, and firmly bound unto _________________________ _____________________________________________________ as owner in the sum of $_____________________________ as the proper measure of liquidated damages 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.

Signed this _____________________ day of ______________________, 2024.

The condition of the above obligation is such that whereas the Principal has submitted to The City of Killeen a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the CHAPARRAL PUMP STATION RE-BID.

Now, Therefore,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall be accepted and the Principal shall execute and deliver a contract in the Form of contract attached hereto (Properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, 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 breach of condition hereunder shall be in the face amount of this bond and forfeited as a proper measure of liquidated damages.

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 time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

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 set forth above.

______________________________(L.S.)

Principal

Surety

By: ____________________________

SEAL

Statement of Qualifications

COUNTY: BELL

PROJECT: GREENFOREST CIRCLE DRAINAGE IMPROVEMENTS

BID NO.: 21-06

STATEMENT OF QUALIFICATIONS

TABLE 1 – GENERAL INFORMATION

A. COMPANY DATA

Organization Doing Business:

Business Address:

Telephone Number:

Fax Number:

Form of Business: Corporation Partnership Individual Joint Venture

IF A CORPORATION

Date of Incorporation:

State Incorporated:

President’s Name:

Vice President’s Name:

IF A PARTNERSHIP

Date of Organization:

Type General Limited

IF AN INDIVIDUAL

Name:

Business Address:

IF A JOINT VENTURE

Name of Manager:

Name of Firm:

Name of Individual

Companies:

B. BUSINESS INFORMATION

Current Number of Full Time

Employees:

Past Year’s Revenues:

Average Number of Projects

Annually:

Average Construction

Cost of Project:

C. DIVISION OF WORK BETWEEN CONTRACTOR AND SUBCONTRACTORS

1. List work that will be provided by Offeror (Prime Contractor) using its own resources.

2. List work that will be provided by Subcontractors on this project.

Manual Page 20

TABLE 2 – CONSTRUCTION EXPERIENCE

1. Years of experience on similar drainage and utility projects:

As a General

Contractor:

Number of Total

Projects:

2. Number of similar drainage and utility projects completed in the past five (5) years?

3. Has this or a predecessor company ever defaulted on a project or failed to complete work award to it?

4. Has this or a predecessor company ever been released from a bid or proposal in the past ten (10) years?

5. Has this or a predecessor company ever been disqualified as a bidder or offeror on any project within the last five (5) years?

6. Is offering company currently involved in any litigation or contemplating any litigation?

7. Has this or a predecessor company ever refused to construct of refused to provide materials defined in Contract Documents on a project?

8. Are there any liens currently filed against the offeror by either subcontractor or material suppliers on previous projects?

TABLE 3 – PROPOSED KEY PERSONNEL

PROJECT MANAGER

Name of Project Manager

Years of Experience as PM

Number of Similar Projects as PM with this company

Number of Similar Projects with other companies (PM)

Current Assignments

% of time dedicated to this project

Reference Project

Project Name: Reference Name:

Title: Organization:

Telephone Number: Email:

PROJECT SUPERINTENDENT

Name of Superintendent

Years of Experience as Superintendent

Number of Similar Projects as Super with this company

Number of Similar Project with other companies (Super)

Current Assignments

% of time dedicated to this project

Reference Project

Project Name: Reference Name:

Title: Organization:

Telephone Number: Email:

Manual Page 21

TABLE 4 – SIMILAR PROJECTS COMPLETED WITHIN LAST 5 YEARS

REFERENCE PROJECT 1

Project Description

Owner Project Name Contract Amount Date Completed % Change Orders

Owner’s Reference Information

Name Title Organization Telephone E-Mail

Engineer’s Reference Information

Name Title Company Telephone E-Mail

REFERENCE PROJECT 2

REFERENCE PROJECT 3

Manual Page 22

TABLE 5 – SUBCONTRACTORS AND SUPPLIERS

PROJECT SPECIFIC SUBCONTRACTORS (greater than 10% of work)

Name Work to be Provided % of Contract

Provide a list of major equipment or material suppliers for use on project.

Supplier Name Material or Equipment Supplied

Manual Page 23

Litigation Summary

Summary of current or past project-necessitated litigation pursued by, or brought against, your firm in the previous five

(5) years:

Manual Page 24

AFFIDAVIT

State

County of

, being duly sworn deposes and attests that he/she is

(name) and is a duly authorized representative of the Offeror

(title) submitting the foregoing Statement of Qualifications and related information, that he/she has read such documents, that he/she is authorized to submit such information on behalf of the Offeror, and that such documents are true and correct and contain no factual errors or material misrepresentations.

Signature

Signed and sworn to me before this day of , 20 .

Notary Public

My Commission expires:

Manual Page 25

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

FORM CIQ

OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

Date Received

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date

Name of vendor who has a business relationship with local governmental entity.1

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the…