ESBD_File_353565_RFB 2024-025 Bid Package.pdf

REQUEST FOR BID

RFB No. 2024-025 Site 2400 Entrance Scale Construction

Issue Date: March 14, 2024 All Questions Due: April 12, 2024, 5:00 P.M. CT

Bid Closing Date & Time: April 24, 2024, 2:00 P.M. CT Bid Opening Date & Time: April 24, 2024, 2:05 P.M. CT

For Information Contact:

Christopher Hanchard, Purchasing Agent, 254-750-6640, or christopherh@wacotx.gov

Pre-Bid Meeting (Non-Mandatory):

Thursday, March 28, 2024, at 10:00 A.M.

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

RFB Opening Location:

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

Zoom & Dial-In Information:

Please see Page 3

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

Fax 254 / 750-8063 waco-texas.com

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BONFIRE ELECTRONIC BIDDING

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

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

• Register with the City of Waco.

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

• Stay updated on changes, addendums, open solicitations.

• Submit bids and proposals electronically.

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

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

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

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

MINORITY, WOMEN-OWENED BUSINESS ENTERPRISE (MWBE)

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

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

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BID

B

I

BID

B

I

RFB 2024-025

3/28/2024

10:00 AM

https://wacotx.zoomgov.com/j/1611174712?pwd=RnlIUDJmRkhWUENHNEM1WVpwS1krdz09

161 117 4712

551 285 1373

044560

RFB 2024-025

4/24/2024

2:05 P.M.

https://wacotx.zoomgov.com/j/1611619020?pwd=NnV5NTQ3RXRUb2hRQ29JSm owc3gxZz09

161 161 9020

551 285 1373

986081

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TABLE OF CONTENTS

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

Appendices A. Services/Products Bid Forms

(1) Pricing Form(s)

(2) Sample Bid Bond

B. Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 89 Energy Form

(8) House Bill 89 Firearms Form

(9) House Bill 89 Israel Form

(10) House Bill 1295 Information Sheet

(11) Protest Procedure

(12) Sample Contract Form

(13) Sample Payment and Performance Bond Requirements

C. Forms to Complete and Return

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

(2) Business Identification Form

(3) Conflict of Interest Questionnaire (CIQ form)

(4) Disclosure of Relationships with City Council/Officers (City

Charter)

(5) Minority Women Owned Business & HUB Certification

(6) Litigation Disclosure

(7) Certification Regarding Debarment

(8) Non-collusion Affidavit

(9) Texas Public Information Act

(10) Drug Free Workplace

(11) W-9 Form

D. Special Project Provisions

(1) Special Project Provisions

(2) Technical Specifications

E. Engineering Drawings / Plans See Section for Specific Documentation and/or link(s)

F. Texas Department of Transportation Specifications

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

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RFB No. 2024-025 Site 2400 Entrance Scale Construction

Please Register for Notification

REGISTER INTEREST

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

Company/Firm:

Name of Contact Person(s):

Email(s):

Telephone: Fax:

Mailing Address:

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

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

City of Waco Purchasing Services Post Office Box 2570

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

Fax 254 / 750-8063 waco-texas.com

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

I. SCHEDULE FOR SOLICITATION

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

• Issuance of the RFB

• Pre-Bid Meeting 10:00 a.m. CT

March 14, 2024 Via Zoom Video & Dial In March 28, 2024

• Deadline for Questions 5:00 p.m. CT April 12, 2024

• Bid Open & Close Date 2:00 p.m. CT Via Zoom Video & Dial In April 24, 2024

Tentatively, the final selection decision will be made, and submitters will be notified of award by, May 24, 2024. This schedule is subject to change by the City.

II. CONTACT WITH CITY OF WACO

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

Email: christopherh@wacotx.gov Telephone: (254) 750-6640 Fax: (254) 750-8063

Questions concerning the solicitation can be submitted through the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login (preferred) or by email to the contact person listed above.

Official Address (if needed) - City of Waco Purchasing Services Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

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III. DEFINITIONS

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

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

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

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

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

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

Selected Firm.

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

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

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

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

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

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

(11) "TxDOT" means Texas Department of Transportation

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IV. REQUESTED SERVICES/PRODUCTS

A. Scope of Services / Specifications

(1) The City of Waco Landfill Site 2400 Entrance Scales Construction project encompasses a variety of tasks necessary to prepare the site for the installation of entrance scales. This includes earthwork to ready the pavement subgrade, installation of utilities such as potable water, sanitary sewer, electric, and communications piping, and the placement of three truck scales, two inbound and one outbound. Additionally, the project will involve the installation of a concrete sloping channel drop structure, a septic tank, standard curb and gutter, concrete paving, lime-stabilized structural fill, and other related appurtenances as specified in the Construction Plans and Technical Specifications.

Contractors bidding on the project must adhere to the City of Waco Standard Specifications for Construction (2013) and City of Waco Standard Details (2022), with the understanding that if any conflicts arise between these standards and the project's Special Project Provisions or drawings, the latter will control. The General Contractor is required to self-perform at least 40% of the project and complete the project within 80 working days. All areas disturbed by the construction must be restored to pre-project condition or better. The scope also includes the protection of existing facilities within the right of way, the provision of construction-related facilities by the contractor, and adherence to environmental protection measures such as erosion control and endangered species protection. Contractors are expected to coordinate with other contractors present during construction and comply with all project management, communication, housekeeping, safety, and completion requirements as outlined in the project provisions.

(2) General Contractor shall self-perform 40% of this project.

(3) Liquidation Fee is $950.00 for each day of delay.

(4) Detailed specifications are attached as Appendices.

(5) A digital version of this document can be obtained from the City of Waco’s Bonfire portal at waco-texas.bonfirehub.com/login or the City of Waco Website at waco-texas.com/bids.

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

Business Enterprise (MWBE) status for each. Use form on Page 70.

(7) EXCEL Bid Sheet available on request.

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

C. Duration of Services The City of Waco is seeking to have the work that is the subject of this RFB completed within 80 WORING DAYS, (Base Bid and All Alternates), from the date of the Notice to Proceed. In determining the number of days for completion of the work under this Contract, it is anticipated that work will not be performed on Saturdays, Sundays, or City holidays unless specifically approved by City. Since “day” is defined as a calendar day, Saturdays, Sundays, and City holidays shall be counted as days and included in calculating the Contract time. If a Contractor wants to perform work on Saturdays, Sundays, or City holidays, the Contractor shall seek approval by making a written request to City. The contractor shall be responsible for all City staff and third-party time, costs, expenses, and overtime for work performed on Saturdays, Sundays, or City holidays, unless excused in writing by the City prior to the work.

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D. Reservations by City:

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

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

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

(b) Extend the solicitation closing time and date.

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

(d) Procure any item by other allowable means.

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

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

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

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V. REQUEST FOR BIDS – SUBMISSION AND AWARD PROCEDURES

A. Requirements

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

(2) Pricing Forms and Submission/Bid Security

(a) Pricing Forms.

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

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

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

(b) Security – Bid Bond.

1. Each submission must be accompanied by a certified check of the submitter, or a bid bond (PDF copy through the Bonfire portal) executed by the submitter as principal and having as surety thereon a surety company approved by the City in the amount of 5% of the submission. The Surety’s Power of Attorney must accompany the bid bond. The bid bond and surety’s Power of Attorney must both carry the same date which is no earlier than three (3) days prior to the scheduled bid opening date. An original copy of the bid bond and Surety’s Power of Attorney will be required of the recommended/awarded vendor within three (3) business days from the request by the City.

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

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

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

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

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B. Completeness of Submission

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

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

C. Bid Response Date and Location Responses to this solicitation must be received by 2:00 p.m. (Central Time) on August 16, 2024.

The City prefers that vendors use the new Bonfire portal at waco-texas.bonfirehub.com/login, paper submissions will still be received at the address listed below Via Delivery Services or Personal Delivery to:

Attn: Christopher Hanchard, Purchasing Agent 1415 North 4th Street Waco, Texas 76707

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

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

“RFB 2024-025, Site 2400 Entrance Scale Construction” Bid Opening: 2:05 P.M. (Central Time) on April 24, 2024

Vendors accept all risk of late delivery bids regardless of instance or fault. A bid received after the submission deadline will not be considered and will be returned unopened to the submitter.

Vendors accept all risks of delivery.

The City will NOT accept a response submitted by facsimile transmission (fax) or by electronic mail (email).

All submissions and accompanying documentation will become the property of the City.

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

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

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

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

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

E. Submission Validity Period

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

F. Vendor’s Cost to Develop Submission

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

G. References

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

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

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

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

(2) Lowest Responsible Bidder:

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

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

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

(3) Best Value:

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

1. The purchase price.

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

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

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

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

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

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

and

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

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

I. Contract Award and Execution

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

X

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APPENDIX A

Services/Products Bid Forms

(1) Pricing Form(s)

(2) Sample Bid Bond Form

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ITEM NO. DESCRIPTION EST. QTY. UNIT MEAS. UNIT PRICE ITEM AMOUNT

1 MOBILIZATION/DEMOBILIZATION (SHALL NOT EXCEED 10% OF TOTAL CONTRACT) 1 LS

2 STORMWATER AND SEDIMENT CONTROL PLAN AND IMPLEMENTATION 1 LS

3 EXCAVATION 1,800 CY

4 LIME STABILIZED STRUCTURAL FILL - PAVED ROADS, SCALES, AND UTILITIES 4,600 CY

5 10-INCH THICK REINFORCED CONCETE PAVEMENT 4,400 SY

6 STANDARD CURB AND GUTTER 385 LF

7 2-INCH (PVC SCH C900) DIAMETER WATERLINE PIPING (BELOW-GRADE, SEPARATE

TRENCH) 225 LF

8 2-INCH GATE VALVE AND BOX 1 EA

9 4-INCH (SDR 11) DIAMETER HDPE SANITARY SEWER PIPE (BELOW-GRADE, SEPARATE

TRENCH) 90 LF

10 4-INCH (SDR 11) DIAMETER HDPE ELECTRICAL CONDUIT (BELOW-GRADE, COMMON

TRENCH) 80 LS

11 4-INCH (SDR 11) DIAMETER HDPE COMMUNICATION CONDUIT (BELOW-GRADE,

COMMON TRENCH) 80 EA

12 TRUCK SCALE, FOUNDATION, AND COMMUNICATIONS PACKAGE 3 EA

13 EXISTING CONCRETE ROAD TIE-IN 2 EA

14 1,000 GALLON SEPTIC TANK 1 LS

15 CONCRETE SLOPING CHANNEL DROP STRUCTURE 1 LS

16 SEED, MULCH, AND FERTILIZER (AREAS DISTURBED DURING CONSTRUCTION) 2 AC

BASE BID PAY ITEMS TOTAL

I WILL USE THE FOLLOWING SUBCONTRACTORS FOR THIS WORK:

SUBCONTRACTOR TYPE OF WORK

FIRM NAME:

BY (SIGNED):

TITLE:

ADDRESS:

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

BID FORM FOR RFB 2024-025

CITY OF WACO LANDFILL, MSW-2400 ENTRANCE SCALE CONSTRUCTION

BASE BID PAYMENT ITEMS

Revision 2 February 2024

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BID BOND

THE STATE OF TEXAS §

COUNTY OF §

KNOW ALL MEN BY THESE PRESENTS, THAT

, (hereinafter called the Principal), as Principal, and , (hereinafter called the Surety), as Surety, are bound unto the City of Waco, Texas, a home rule municipal corporation of McLennan County, Texas (hereinafter called Obligee) in the amount DOLLARS

($ ), which is five percent (5%) of the bid, for the payment whereof said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted a Bid to enter into a certain written

Contract with Obligee for {enter description of contract below} which is scheduled to be opened on ______________________________, 20_____.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS

SUCH, that if the said Principal shall faithfully, enter into such written Contract, then this obligation shall be void; otherwise to remain in full force and effect.

IT IS EXPRESSLY UNDERSTOOD AND AGREED that if said Principal should withdraw its Bid any time after such Bid is opened and before official rejection of such Bid or, if successful in securing the award thereof, said Principal should fail to enter into the Contract and furnish, if required, satisfactory Performance Bond and Payment

Bond, the Obligee, in either of such events, shall be entitled and is hereby given the right to collect the full amount of this Bid Bond as liquidated damages.

The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such Bid, and said Surety does hereby waive notice of any such extension.

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Bid Bond – Page 2

PROVIDED, further that if any legal action be filed upon this Bond, venue shall lie in McLennan County, Texas.

IN WITNESS WHEREOF, the said Principal and Surety do sign and seal this instrument this __________ day of ________________________, 20 _______ _.

ATTEST/WITNESS:

Secretary (if corporation) / Witness

Name of Principal - Contractor

(if corporation Corporate Seal)

BY:

signature Title:

Address:

ATTEST:

Surety Secretary

Name of Surety

(Surety Seal)

BY:

Attorney-in-Fact signature

Witness to Surety

For Attorney in Fact

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

(11/03/2016)

COMPLETED FORM MUST BE RETURNED WITH BID/PROPOSAL

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APPENDIX B

Contract Requirements

(1) City of Waco General Terms and Conditions

(2) General Condition for Construction Work

(3) Insurance & Indemnification Requirements

(4) Worker’s Compensation

(5) Wage Rates

(6) Sales Tax Information

(7) House Bill 89 Energy Form

(8) House Bill 89 Firearms Form

(9) House Bill 89 Israel Form

(10) House Bill 1295 Information Sheet

(11) Protest Procedure

(12) Sample Contract Form

(13) Sample Payment and Performance Bond Requirements

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APPENDIX B. (1)

General Waco Terms and Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(o) Tax Certification; Offset of Other Debts Against City. Selected bidder hereby certifies that it is not delinquent in the payment of taxes owed to the City and will pay any taxes owed to the City so that such taxes will not become delinquent. If this certification is subsequently determined to be false, such false certification shall constitute grounds for termination of the contract awarded under this SOLICITATION, at the option of City.

Furthermore, Selected bidder agrees the City is entitled to counterclaim and offset against any debt, claim, demand, or account owed by the City to the selected bidder, pursuant to the awarded contract, for any debt, claim, demand, or account owed to the City, including other than the taxes mentioned above. The City may withhold from payment under the awarded contract an amount equal to the total amount of debts, claims, accounts, or demands including taxes owed to the City by the selected bidder. The City may apply the amount withheld to the debts and taxes owed to the City by the selected bidder until said debts are paid in full. No assignment or transfer of such debt, claim, demand or account after the said taxes or debts are due shall affect the right of the City to offset the taxes and the debt against the same.

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

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

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

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(s) Assignment-Delegation. No right or interest in the contract shall be assigned or delegation of any obligation made by Vendor without the written permission of the City. Any attempted assignment or delegation by Vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

(t) Modifications: This contract can be modified or rescinded only by a written instrument signed by both of the parties or their duly authorized agents.

(u) Interpretation-Parol Evidence: This writing is intended by the parties as a final expression of their agreement and is intended also as a complete agreement for dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection.

(v) Equal Employment Opportunity: Vendor agrees that during the performance of its contract it will:

1. Treat all applicants and employees without discrimination as to race, color, religion, sex, national origin, marital status, age, or handicap.

2. Identify itself as an "Equal Opportunity Employer" in all help wanted advertising or request. The Vendor shall be advised of any complaints filed with the City alleging that Vendor is not an Equal Opportunity Employer. The City reserves the right to consider its reports from its human relations administrator in response to such complaints in determining whether or not to terminate any portion of this contract for which purchase orders or authorities to deliver have not been included, however, the Vendor is specifically advised that no Equal Opportunity Employment complaint will be the basis for cancellation of this contract for which a purchase order has been issued or authority to deliver granted.

(w) Israel: Vendor acknowledges that effective September 1, 2017, the City is required to comply with Section 2270.001 of the Texas Government Code, enacted by House Bill 89 (85th (R) Texas Legislature), which requires that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. By executing this Agreement, Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement.

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APPENDIX B. (2)

General Conditions for Construction Work

The “City of Waco Standard Specifications for Construction” dated January 2013, as revised by Special Provisions listed on the City of Waco website at http://www.waco-texas.com/engineering-specifications.asp (“City of Waco Standard Specifications”), is incorporated herein by reference for all intents and purposes. The General Provisions of the

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

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

(a) Permits and Fees: All permitting fees from the City will be waived on construction projects. The contractor will still need to apply for all applicable permits. However, there will be no cost associated with issuance of City permits.

(b) Time of Completion and Liquidated Damages: Completing the work described in this solicitation in a timely manner is very important to the City of Waco. Submitter must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within the time stated in the contract documents. As it is impracticable and extremely difficult to fix the actual damages, if any, that may proximately result from a failure by Submitter to perform the service, should Submitter fail to complete the project within the calendar days specified in the contract, Submitter agrees to pay to City, or have withheld from monies due it, the amount stated in the contract documents as liquidated damages for each working day of delay or nonperformance. Any sums due and payable hereunder by the Submitter shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing this Contract. Execution of a contract for this Project shall constitute agreement by the City and Submitter that said amount is the minimum value of the costs and actual damage caused by the failure of the Submitter to complete the Project within the allotted time. A sum due as liquidated damages may be deducted from payments due the Contractor if such delay occurs. Adjustments to the contract times can only be made as provided in the contract documents and any conditions or specifications referenced therein.

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(c) Conditions of Work: While the City is issuing a solicitation including specifications, each Submitter is still responsible for examining all of the issued documents, attending any pre-bid conference, making a site visit, and taking whatever steps are necessary to inform itself of the conditions relating to the project and the employment of labor thereon. Each Submitter must inform itself of the conditions relating to the project and the employment of labor thereon. Failure to do so will not relieve the Submitter awarded this contract of its obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as possible, the Selected Firm, in carrying out the Project, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

(d) Employment Conditions/Requirements: Submitters shall pay particular attention to the required employment conditions that must be observed and the minimum wage rates to be paid. If federal or state funds are involved in paying for the work, there may be additional requirements that must be followed to comply with the terms of the federal or state funding.

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

(f) Security for Faithful Performance [Payment and Performance Bonds]:

Simultaneously with his delivery of the executed contract, the Selected Firm shall furnish the required surety bonds as security for faithful performance of this contract (Performance Bond) and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract (Payment Bond), as specified in the documents included herein. For public works contracts, state law requires a Performance Bond if the contract is for an amount in excess of $100,000.00 and a Payment Bond if the contract is for an amount in excess of $50,000.00. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City. The surety who signs contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

(g) Force Majeure: In the event performance by the Selected Firm of its obligations under this Agreement shall be interrupted or delayed by or as a consequence of a fire, flood, severe weather, or other act of God, war, insurrection, civil disturbance, or act of state, the Selected Firm shall be excused from such performance for the period of time such occurrence shall have lasted or such period as is reasonably necessary to rebuild or take other action necessary to resume performance. The period of time reasonably necessary to rebuild or take other action necessary to resume performance shall be as determined by the agreement of the parties, which agreement shall be negotiated and arrived at in good faith. The Selected Firm shall notify the Contact Person or Contract Administrator of any matter covered above, the occurrence of which interferes or threatens to interfere with the performance of any of its obligations under the bid. Upon such notice, the Selected Firm and the City shall consult and cooperate as to measures which may be taken to overcome the interference or as to alternative measures which may be undertaken by the parties with a view to the continued performance of the bid agreement.

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

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(i) Invoice Submittal Procedures: If invoices are submitted or otherwise used pursuant to the bid awarded under this solicitation, the Selected Firm shall present invoices to the City in the following form and content:

1. Each invoice must reference the City of Waco contract, agreement or Purchase Order number;

2. Only one contract, agreement, or project shall be billed on a particular invoice;

3. Only one invoice per every thirty (30) days per contract, agreement, or project may be submitted; and

4. Each invoice must have a billing number, which reflects in sequence the number of invoices that have been submitted on the contract, agreement, or project.

The invoice requirements stated herein shall not be read to disallow or exclude other information that may be otherwise required or requested by the City. Such information required herein must be submitted only on an invoice and not in any other non-invoice form or document.

(j) Termination of Contract: Except as provided elsewhere in the contract documents:

1. The City may terminate the contract for cause for Selected Firm’s failure to perform work, non-adherence to established federal, state and/or local laws, or a violation of any of the contract provisions. Upon written termination, the City may exclude the Selected Firm from the Project site and pursue any remedies available to the City.

2. Upon ten (10) days written notice, City may terminate the contract for convenience, for any reason. In such case, the Selected Firm shall be paid, without duplication, for completed and acceptable work and expenses, including reasonable overhead and profit, and for other reasonable expenses directly attributable to the termination. In no case shall the Selected Firm be paid for anticipated profits or other consequential damages. Upon receipt of written notice, the Selected Firm shall have a duty to mitigate its termination costs and shall not incur additional costs unrelated to the costs directly related to either securing completed work or winding down the Project.

(k) Israel: Vendor acknowledges that effective September 1, 2017, the City is required to comply with Section 2270.001 of the Texas Government Code, enacted by House Bill 89 (85th (R) Texas Legislature), which requires that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it does not boycott Israel and will not boycott Israel during the term of the contract. By executing this Agreement, Vendor verifies that it does not boycott Israel and will not boycott Israel during the term of this Agreement.

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City of Waco Insurance & Indemnification Requirements Vertical Construction with Builder’s Risk (03/22/2019)

Insurance Requirements:

A contractor’s financial integrity is of interest to the City. Therefore, subject to a contractor’s right to maintain reasonable deductibles, a contractor shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at contractor’s sole expense, insurance coverage written on an occurrence basis by companies authorized to do business in the State of Texas that are rated A- or better by A.M. Best Company and/or otherwise acceptable to the City in the following types and amounts:

Type Amount

Wor…