ESBD_File_347930_24-28 - Killeen Pump Station 2 Rehab - Bid Documents 12-04-2023.pdf

BID NO. 24-28

CITY OF KILLEEN, TEXAS

PUMP STATION NO. 2 REHABILITATION

BID DOCUMENTS – DECEMBER 4, 2023

ENGINEERING DEPARTMENT

CITY OF KILLEEN

BELL COUNTY, TEXAS

CP&Y, Inc. DBA STV Infrastructure 200 West State Highway 6, Suite 620

Waco, Texas 76712

(254) 772-9272 fax - (254) 776-2924

VOLUME 2 OF 2

VOLUME 1

PROJECT CKIL2200977

SEALS PAGE

CITY OF KILLEEN

PUMP STATION NO. 2 REHABILITATION

BID NO. 24-28

PROJECT NUMBER CKIL2200977

SPECIFICATIONS PREPARED BY:

Scott c. Wetzel, PE

CP&Y, Inc. dba STV Infrastructure

Divisions 01, 03, OS, 09 90 00, 32, 33, 40, 43, 46

00 01 07-1

KILLEEN PUMP STATION NO. 2 REHABILITATION

DECEMBER 2023

PROJECT CKIL2200977

CITY OF KILLEEN

PUMP STATION NO. 2 REHABILITATION

BID NO. 24-28

PROJECT NUMBER CKILL2200977

SPECIFICATIONS PREPARED BY:

Darrell W. Vickers, AIA

CP&Y, Inc. dba STV Infrastructure

Division 02, 04, 06, 07, 08, 09, 10

00 01 07-2

KILLEEN PUMP STATION NO. 2 REHABILITATION

DECEMBER 2023

PROJECT CKIL2200977 00 01 07-3 DECEMBER 2023

KILLEEN PUMP STATION NO. 2 REHABILITATION SEALS PAGE

SEALS PAGE

CITY OF KILLEEN

PUMP STATION NO. 2 REHABILITATION

BID NO. 24-28

PROJECT NUMBER CKILL2200977

SPECIFICATIONS PREPARED BY:

Xuefei Feng, PE KWH Engineering, LLC

Divisions 22, 23

PROJECT CKIL2200977 00 01 07-4 DECEMBER 2023

KILLEEN PUMP STATION NO. 2 REHABILITATION SEALS PAGE

SEALS PAGE

CITY OF KILLEEN

PUMP STATION NO. 2 REHABILITATION

BID NO. 24-28

PROJECT NUMBER CKIL2200977

SPECIFICATIONS PREPARED BY:

Elizabeth Segner-Zarate, PE JRSA Engineering

Division 26, 27, 40 79 00

Table of Contents Page 1 of 6

TABLE OF CONTENTS

VOLUME 1

- City Officials

BIDDING REQUIREMENTS TAB 1

- Notice to Bidders

- Instruction to Bidders

- Bid or Proposal General Terms and Conditions – City of Killeen

BID DOCUMENTS (To be returned with Bid) TAB 2

- Bid Proposal

- Bid Bond

- Conflict of Interest Questionnaire (Form CIQ)

- Statement of Qualifications

- Litigation Summary

- 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 TAB 3

- Standard Form of Agreement

- Performance Bond

- Payment Bond

- Standard General Conditions of the Construction Contract

- Supplementary Conditions

- Wage Rates

- Contract Verification Form

STANDARD FORMS TAB 4

- ACORD Certificate of Insurance Sample

- Notice of Award Form

- Notice to Proceed Form

- Payment Request Form

- Shop Drawing Transmittal Form

- Change Order Form

- Material on Hand Sheet

Table of Contents Page 2 of 6

- Material on Hand Summary Sheet

- 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 TAB 5

- APPENDIX A

- APPENDIX E

- BID PROPOSAL ATTACHMENT A: Allowance Line Item 20: Proserv Crane Group

Quote dated 12/1/2023

- BID PROPOSAL ATTACHMENT B: Allowance Line Item 21: CPUSA Proposal

(Forthcoming – Addendum 1)

TECHNICAL SPECIFICATIONS

CITY OF KILLEEN STANDARD SPECIFICATIONS TAB 6

SECTION 200 - PROJECT REQUIREMENTS

202 Definition of Terms

203 Abbreviations

204 Summary of 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

213 Testing of Pipelines and Manholes

214 Summary of Testing (Miscellaneous)

215 Project Closeout

216 Project ID Signage

217 Warranty

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

Table of Contents Page 3 of 6

307 Loaming, Hydroseeding and Permanent Erosion Control

308 Miscellaneous Work and Clean-up

309 Structural Excavation

SECTION 400 - DRAINAGE SPECIFICATIONS

407 Restraint and Blocking

SECTION 500 - TRANSPORTATION SPECIFICATIONS

504 Flexible Base

SECTION 600 - WATER SPECIFICATIONS

601 Ductile Iron Pipe and Fittings

602 Polyvinyl Chloride (PVC) Pipe Water

603 Valves, Hydrants and Appurtenances

SECTION 700 - WASTEWATER SPECIFICATIONS

703 Connections To and Work On the Existing Wastewater System

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

SPECIAL PROVISIONS TO CITY OF KILLEEN STANDARD

SPECIFICATIONS TAB 7

SP204 Summary of Work

SP211 Submittals

SP601 Ductile Iron Pipe and Fittings

SP603 Valves, Hydrants, and Appurtenances

CITY OF KILLEEN APPROVED MANUFACTURERS TAB 8

Table of Contents Page 4 of 6

VOLUME 2

ADDITIONAL TECHNICAL SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

01 25 00 Substitution Procedures

01 32 16 Construction Progress Schedule

01 40 00 Quality Requirements

01 50 00 Temporary Facilities and Controls

01 71 13 Mobilization

DIVISION 02 – EXISTING CONDITIONS

02 41 19 Selective Demolition

DIVISION 03 – CONCRETE

03 60 00 Grouting

DIVISION 04 – MASONRY

04 01 10 Masonry Cleaning

04 20 00 Unit Masonry

DIVISION 05 – METALS

05 05 00 Anchor Bolts

05 50 00 Miscellaneous Metal Fabrications

05 53 00 Metal Gratings and Cover Plates

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

06 10 00 Rough Carpentry

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

07 01 50.19 Preparation for Reroofing

07 11 13 Bituminous Dampproofing

07 19 00 Water Repellents

07 24 13 Polymer-Based Exterior Insulation and Finish System (EIFS)

07 25 00 Weather Barriers

07 54 23 Thermoplastic Polyolefin (TPO) Roofing

07 62 00 Sheet Metal Flashing and Trim

07 71 00 Roof Specialties

07 71 29 Manufactured Roof Expansion Joints

07 72 00 Roof Accessories

07 84 13 Penetration Firestopping

07 91 00 Preformed Joint Seals

07 92 00 Joint Sealants

Table of Contents Page 5 of 6

DIVISION 08 - OPENINGS

08 11 11 Fiberglass Doors and Frames

08 11 13 Hollow Metal Doors and Frames

08 41 13 Aluminum-Framed Entrances and Storefronts

08 71 00 Door Hardware

08 80 00 Glazing

DIVISION 09 - FINISHES

09 29 00 Gypsum Board Assemblies

09 51 13 Acoustical Panel Ceilings

09 65 13 Resilient Base and Accessories

09 65 19 Resilient Tile Flooring

09 90 00 Painting and Coating – Process Material and Equipment

09 91 13 Exterior Painting – Building

09 91 23 Interior Painting – Building

DIVISION 10 - SPECIALTIES

10 14 23.16 Room Identification Panel Signage

10 28 00 Toilet and Bath Accessories

DIVISION 22 – PLUMBING

22 07 00 Thermal Insulation

22 10 01 Plumbing Piping and Accessories

22 30 00 Plumbing Equipment and Fixtures

DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING

(HVAC)

23 05 93 Testing, Adjusting, and Balancing for HVAC

23 33 00 Louvers

23 34 00 HVAC Fans

23 50 00 Heating Equipment

23 81 00 Air Handling Units

DIVISION 26 - ELECTRICAL

26 00 00 Electrical General Provisions

26 01 27 Electrical Testing

26 05 19 Wire and Cable

26 05 26 Grounding

26 05 29 Foundations and Supports

26 05 33 Conduit Systems

26 05 33.01 Boxes and Fittings

26 08 00 Calibration and Testing

26 22 13 Dry-Type Transformers

26 24 16 Panelboards

26 24 19 480V Motor Control Centers

Table of Contents Page 6 of 6

26 28 13 Circuit Breakers

26 29 23 Adjustable Frequency Drives

26 32 13.13 Emergency Generator

26 43 13 Surge Protection

26 50 02 Motors

26 51 00 Lighting

DIVISION 27 - COMMUNICATIONS

27 27 26 Wiring Devices

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 23 Sodding

DIVISION 33 - UTILITIES

33 05 53 Identification for Utilities Piping and Equipment

33 11 33 Vertical Centrifugal Chlorine Solution Pumps

33 12 23.30 Split Case Horizontal Mounted Pump

33 32 20 Submersible Effluent Sump Pumps

DIVISION 40 - PROCESS INTEGRATION

40 05 19 Identification for Utilities Piping and Equipment

40 27 20 Process Piping - General

40 27 21 General Duty Valves for Process Piping

40 27 22 Process Piping Specialties

40 27 29 Hangars and Supports for Process Piping

40 27 80 Process Piping Testing

40 42 13 Process Piping Insulation

40 79 00 Instruments

40 92 13 Process Control Valves

DIVISION 43 - PROCESS GAS AND LIQUID HANDLING,

PURIFICATION, AND STORAGE EQUIPMENT

43 21 14 Pump Unit Testing

DIVISION 46 - WATER AND WASTEWATER EQUIPMENT

46 00 00 Equipment General Provisions

46 31 23 Gas Chlorinators

FOR REFERENCE ONLY – GEOTECHNICAL REPORT

Langerman Engineering Geotechnical Report, Pump Station No. 2 Building, LE Project

No. W23-089 dated November 17, 2023 – For Reference Only – Not Part of Sealed

Project Manual.

CITY OF KILLEEN, TEXAS

CITY OFFICIALS:

MAYOR

Debbie Nash-King

CITY MANAGER

Kent Cagle

COUNCIL MEMBERS

Jose L. Segarra Riakos Adams Ramon Alvarez Joseph Solomon Jessica Gonzalez

Nina Cobb Michael Boyd

EXECUTIVE DIRECTOR OF PUBLIC WORKS

Jeffery L. Reynolds

CITY ENGINEER

Andrew Zagars, PE

NOTICE TO BIDDERS

BID NO. 24-28

Pump Station No. 2 Rehabilitation

CITY OF KILLEEN, TEXAS

Notice is hereby given that the City of Killeen will receive sealed bids for Pump Station No. 2

Rehabilitation 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

2:00 p.m. on February 1, 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 2:15 p.m. on February 1, 2024; Zoom access is shown below. The general public will not be allowed inside the facility.

Zoom access:

For viewing follow;

Call: 1-346-248-7799

Meeting ID: 339 788 7656

Password: 04142020

A pre-bid conference will be held on January 23, 2024, at 2:00 p.m. at the Water and Sewer

Conference Room, 805 W. Jasper Drive, Killeen, TX 76542. Attendance is mandatory.

Bid questions will be accepted on the OpenGov e-bidding site, until 2:00 p.m. on January 25, 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

(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://us02web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 https://procurement.opengov.com/login https://us06web.zoom.us/j/3397887656?pwd=Z0VWU1czOGRpQ245enJWS1hCSnJJUT09 https://www.killeentexas.gov/414/Purchasing http://www.demandstar.com/ http://www.txsmartbuy.com/ https://procurement.opengov.com/login

INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS:

Submit BIDS upon the prescribed forms, or copies thereof. Prepare BIDS in compliance with the requirements of the NOTICE TO BIDDERS, these instructions, and the instructions printed on the prescribed forms. All applicable blank spaces on the BID must be filled in as noted, in ink with amounts extended and totaled, and no changes made in the phraseology of the forms or of the items mentioned therein. Any BID may be deemed irregular which contains any omission, erasure, alteration, addition, irregularity of any kind, or item not called for, or which does not contain prices set opposite to each of the several items in the BID form, or in which any of the prices are obviously unbalanced or which fails to conform in any manner to the conditions of the NOTICE TO BIDDERS.

The bidder must sign his BID in the blank space provided therefore. If the BID is made by a partnership, it must be signed on behalf of the partnership by one of the partners; if made by a corporation, it must be signed on behalf of the corporation by one of its officers. In order to ensure consideration, the BID must be enclosed in a sealed envelope plainly identified by the name of the project and addressed to the Owner as prescribed in the NOTICE TO BIDDERS.

2. INTERPRETATION OF CONTRACT DOCUMENTS AND TECHNICAL

SPECIFICATIONS, AND PLANS:

Bidders desiring further information, or further interpretation of the Contract Documents and TECHNICAL SPECIFICATIONS and PLANS must make request for such information to the Engineer, prior to 48 hours before the bid opening. Answers to all such requests will be given in writing to all bidders, in addendum form, and all addenda will be bound and made a part of the Contract. No other explanation or interpretation will be considered official or binding. Should a bidder find discrepancies in, or omissions from the Contract Documents, TECHNICAL SPECIFICATIONS, or PLANS, or should he be in doubt as to their meanings, he should at once notify the Engineer in order that a written addendum may be sent to all bidders. It is the responsibility of the bidders to know if they received all such addenda, complete files of which will be maintained in the office of the Engineer and in the Office designated to receive the BIDS.

3. AWARD OF CONTRACT

Unless he rejects all BIDS, the Owner will award the Contract within sixty (60) days of the bid date, unless the time is extended by mutual consent. Considering all elements of the BIDS, contract will be awarded to the lowest responsible bidder. The right is reserved to reject any or all BIDS and to waive technical defects, as the interest of the Owner may require.

4. 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.

5. TIME OF COMPLETION:

The Contractor shall have 450 consecutive calendar days to substantially complete the proposed work. Liquidated damages in the amount of $1,500.00 shall be assessed each day thereafter. The Contractor shall have 510 consecutive calendar days for final completion of the proposed work. Liquidated damages in the amount of $1,500.00 shall be assessed each day thereafter.

6. DELIVERY OF PROPOSALS:

It is the bidder’s responsibility to deliver his BID at the proper time to the proper place.

The fact that a BID was dispatched will not be considered. The bidder must have the BID actually delivered.

7. 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.

8. QUALIFICATION OF BIDDERS:

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.

GENERAL TERMS AND CONDITIONS

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 material 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 or electronically 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 within the specifications.

(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

• Indemnify a vendor

(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:

Electronically submit bids to Negometrix E-Bidding Site: ( https:\\procurement.opengov.com\login )

OR

Delivery Address:

City of Killeen

Attn: Purchasing Division 802 N 2nd Street, Building E, 2nd Floor #215

Killeen, TX 76541

5. Rejection of Bid

(a) The City may reject a Bid if:

1. The Bidder mistakes 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

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

7. Late Bid or Modifications

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

https://app.negometrix.com/ mailto:lluciano@killeentexas.gov

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. “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.

Determination of most advantageous Bid for the municipality may be based on, but not limited to:

* 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

* 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

* The extent to which the goods or services meet the municipality’s needs acquire the bidder’s goods or services

* Reputation of bidder and of bidder goods and services

(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 then be followed up with a contract/service agreement for review by the City’s legal team, if not otherwise specified within.

(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. Ex Parte Communication

Please note that to ensure the proper and fair evaluation of a proposal, the City prohibits ex parte communication (e.g., unsolicited) initiated by the Proposer to a City Official or employee evaluating or considering the proposal prior to the time a formal decision has been made. Questions and other communication from proposers will be permissible with only the Director of Procurement and Contract Management until the time and the day specified as the deadline for questions. Any communication between Proposer and the City after the deadline for questions will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper and accurate evaluation of the proposals. Participation in any ex parte communication, whether or not initiated by the

Proposer, may be grounds for disqualifying the offending proposer from consideration or award of the solicitation then in evaluation, or any future solicitation.

Additionally, neither the City of Killeen City Council nor City staff, except in the course of City- Sponsored inquiries, briefings, interviews, or presentations, shall initiate any contact with a Proposer or directly discuss or promote any proposal with any Proposers, including their agents and representatives.

12. 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.

13. Termination for Governmental Non-Appropriations

This contract is a commitment of the City’s current revenues only. Should the terms of the Bid require payment of funds over more than the current fiscal year ending September 30, the following shall apply:

(a) For each lease, City represents and warrants: that it has appropriated and budgeted the necessary fund to make all rent payments required pursuant to such lease for the remainder of the fiscal year in which the payment term commences; and that it currently intends to make rent payments for the full lease term as scheduled in the applicable payment schedule if funds are appropriated for the rent payment in each succeeding fiscal year by its governing body. Without contractually committing itself to do so, City reasonably believes that monies in an amount sufficient to make all rent payments can and will lawfully be appropriated; therefore, City agrees to budget requests to include the rent payments payable during each fiscal year in the budget requests presented to City’s governing body for each fiscal year; provided, that City’s governing body retains authority to approve or reject any such budget request. All rent payments shall be payable out of the general funds of City or out of other funds legally appropriated therefore. Lessor agrees that no lease will be a general obligation of City and no lease shall constitute a pledge of either the full faith and credit of City or the taxing power of City.

(b) If City’s governing body fails to appropriate sufficient funds in any fiscal year for rent property or other payments due under a lease and if other funds are not legally appropriated for such payment, then a non-appropriation event shall be deemed to have occurred. If a non-appropriation event occurs, then: (1) City shall give lessor immediate notice of such non-appropriation event and provide written evidence of such failure by City’s governing body; (2) on the return date, City shall return to Lessor all of the equipment covered by the affected lease, at City’s sole expense; (3) the affected lease shall terminate on the return date without penalty to City; (4) return date means the last day of the fiscal year for which appropriations were made for the rent payments due under a lease.

14. Termination of Contract

This contract 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. All bidders must state therein the reasons for such cancellation.

City reserves the right to award a cancelled contract to next best offeror as it deems to be in the best interest of the City.

15. 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.

16. Conflict of Interest Disclosure Questionnaire

The Bidder agrees that if a member of the City Council 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 be 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 new law are available at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

17. Gratuities

It shall be a breach of ethics to offer, give, or agree to give any employee of the City or for any employee of the City to solicit or accept from another person, a gratuity or an offer of employment in connection with any decision regarding any part of a program requirement, proposal, or purchase request pending before the City.

18. Kickbacks

It shall be a breach of ethics for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract for the City, or any person associated therewith, as an inducement for the award of a subcontract or order.

19. Venue for Legal Action

This agreement 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.

20. 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.

21. Insurance https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

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 up 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.

(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

22. Disclosure of Interested Parties

Texas Government Code Section 2252.908 requires that parties contracting with governmental entities submit a disclosure of interest parties form for contracts entered into after January 1, 2016. Successful bidders shall electronically submit the form at the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and provide the City with a certified copy prior to Council approval of the Bid award.

23. Acknowledgement – “Boycott Israel”

By signing and submitting this bid the 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.

24. Acknowledgement – ‘Boycott Energy Companies”

By signing and submitting this bid the vendor hereby verifies that it does not boycott energy companies and will not boycott energy companies during the term of the contract. “Boycott energy company” is defined in

Texas Government Code section 809.001 to means, without an ordinary business purpose, refusing to deal with terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A).

25. Acknowledgement – “Prohibition on contracts with companies that discriminate against firearm and ammunition industries”

By signing and submitting this bid the vendor hereby verifies that it does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of the contract against a firearm entity or firearm trade association.

Discriminate against a firearm entity or a firearm trade association are defined in Texas Government Code section 2274.001 as (A) with respect to the entity or association, to (i) refuse to engage in the trade of any goods or services; (ii) refrain from continuing an existing business relationship; (iii) terminate an existing business relationship; or (iv) otherwise express a prejudice against the entity or association; and (B) does not include the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories.

SIGNATURE: _______________________________________________________DATE:__________________

PRINT NAME: ________________________________________________________________

BID DOCUMENTS

(TO BE RETURNED

WITH BID)

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.

ITEM NO. DESCRIPTION

ESTIMATED

QUANTITIES

UNIT UNIT PRICE UNIT AMOUNT

GENERAL CONDITIONS

1 Mobilization (Maximum 10.0%) 1 LS

2 Bonding and Insurance (Maximum 2.5%) 1 LS

3 Traffic Control Plan 1 LS

4 Traffic Control Plan Implementation 1 LS

5 Trench Safety Plan 1 LS

6 Trench Safety Plan Implementation 1 LS

7 Stormwater Pollution and Prevention Plan 1 LS

8 Stormwater Pollution and Prevention Plan Implementation 1 LS

SITE WORK

Furnish and Install New Gray Water Force Main, Manhole Connection, Pipe

Insulation, Weather Jacket, Excavation/Backfill, Materials, Labor, Equipment and Incidentals Required, as Specified and Indicated on the Construction

Drawings, Complete and In-Place for Fully Operational System. 1 LS

Furnish and Install New 12-inch Hot Tap Insertion Valves, Valve

Boxes/Covers, Concrete Pad, Excavation/Backfill, Materials, Labor, Equipment and Incidentals Required, as Specified and Indicated on the

Construction Drawings, Complete and In-Place for Fully Operational System. 3 EA

Remove and Properly Dispose of Existing Concrete Driveway/Approach and

Sidewalk, and Furnish and Install New Concrete Driveway/Approach, Sidewalk, Excavation/Backfill, Grading, Sodding, Materials, Labor, Equipment and Incidentals Required, as Specified and Indicated on the

Construction Drawings, Complete and In-Place for Fully Operational System. 1 LS

PUMP STATION BUILDING IMPROVEMENTS

DEMOLITION - Remove and Properly Dispose of the Identified Pump

Station Building Demolition Items and Site Demolition Items as Specified and Indicated on the Construction Drawings, Including all Materials, Labor, Equipment and Incidentals Required, Complete. NOTE: An asbestos survey has not been conducted, demolition activities may require removal of asbestos containing materials contractor to factor removal of suspected asbestos containing materials into their bid. 1 LS

HIGH SERVICE PUMP STATION - Furnish and Install New 100-Hp High

Service Pumps (3), Sump Pumps (2), 2-Ton Electric Hoist, All Piping, Supports, Concrete, Fittings, Valves and Appurtenances, Including Labor, Equipment and Incidentals Required, as Specified and Indicated on the

Construction Drawings, Complete and In-Place for Fully Operational System. 1 LS

CHLORINATION SYSTEM - Furnish and Install New Gas Chlorination

System, Including All Chlorination Equipment, Chlorinators, Scales, Injectors, Vents, Leak Detection System, Solution Booster Pump, Piping, Fittings, Valves, Gauges, Appurtenances, Labor, Equipment and Incidentals

Required, as Specified and Indicated on the Construction Drawings, Complete and In-Place for Fully Operational System. 1 LS

HVAC & PLUMBING - Furnish and Install All New Heating, Ventilation and Air Conditioning Systems, Including Equipment, Fans, Intake Vents, Emergency Wash Station, Water Heater, Piping, Fittings, Valves, Appurtenances, Labor, Equipment and Incidentals Required, as Specified and

Indicated on the Construction Drawings, Complete and In-Place for Fully

Operational System. 1 LS

BID FORM - UNIT PRICES

CITY OF KILLEEN PUMP STATION NO. 2 REHABILITATION

ITEM NO. DESCRIPTION

ESTIMATED

QUANTITIES

UNIT UNIT PRICE UNIT AMOUNT

BID FORM - UNIT PRICES

CITY OF KILLEEN PUMP STATION NO. 2 REHABILITATION

BUILDING STRUCTURE & FOUNDATION - Furnish and Install All New

Building and Foundation Improvements, Including but not limited to Re-

Roofing, Concrete, Masonry, EIFS, Doors, Windows, and Glazing Materials, Appurtenances, Labor, Equipment and Incidentals Required, as Specified and

Indicated on the Construction Drawings, Complete and In-Place for Fully

Operational Building. 1 LS

ELECTRICAL & CONTROLS - Furnish and Install All Electrical Equipment, Lighting, Instrumentation, Controls, SCADA System Appurtenances, Labor, Equipment and Incidentals Required, as Specified and Indicated on the

Construction Drawings, Complete and In-Place for Fully Operational System. 1 LS

CLEARWELL IMPROVEMENTS

Furnish and Install New Ground Storage Tank Vents (2), Repair/Grouting of

16-inch Fill Pipe Connection to Tank, All Materials, Labor, Equipment and

Incidentals Required, as Specified and Indicated on the Construction

Drawings, Complete and In-Place for Fully Operational System. 1 LS

PRESSURE TRANSMITTER VAULT

Furnish and Install New Pressure Indicating Transmitter Vault, Including All

Valves, Saddles, Excavation/Backfill, Grading, Materials, Concrete, Sodding, Labor, Equipment and Incidentals Required, as Specified and Indicated on the Construction Drawings, Complete and In-Place for Fully Operational

System. 1 LS

ALLOWANCE

Proserv Crane Group shall provide and furnish all equipment and labor to installation a 2-Ton Accolift Electric Chain Hoist with Motorized Trolley, as shown on Attachment A, Proserv Crane Group Quote, dated 12/1/2023. Any additional scope items and associated costs not shown or included in the supplier’s proposal is the responsibility of the Contractor and shall be included in the Contractor’s other associated bid prices. No additional payment by City to Contractor shall be made for failure to include all scope and costs associated with the work item. 1 LS $22,476.14 22,476.14

Control Panels USA shall provide and furnish all equipment and/or services for the SCADA Improvements, Required for the Pump Station Upgrades, Including High Service Pumps and Controls, Chemical Feed PLC Upgrades, Fiber Optic Equipment and Services and will be provided in Addendum 1.

Any additional scope items and associated costs not shown or included in the supplier’s proposal is the responsibility of the Contractor and shall be included in the Contractor’s other associated bid prices. No additional payment by City to Contractor shall be made for failure to include all scope and costs associated with the work item. 1 LS

TOTAL BASE BID PRICE

ADDITIVE ALTERNATE NO. 1

A1

300 kW GENERATOR - Furnish all labor, tools, equipment, materials, and other requisites necessary for installation of 300 kW generator and automatic transfer switch including but not limited to generator, transfer switch, panels, conduits, wiring, and any and all material and labor, Complete and In-Place for Fully Operational System. Lump Sum Price to include a BASE BID

DEDUCT for Generator Plug and Breaker. 1 LS

TOTAL ADDITIVE ALTERNATE NO. 1 PRICE

TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 PRICE

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

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 Pump Station No. 2 Rehabilitation Plan Sheets and Specifications, to the satisfaction of the Engineer.

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 ______________________, 2023.

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…