IFB_6100_CLMC1077_BID_DOC_1_v1.pdf

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CITY OF AUSTIN

Austin Resource Recovery

PROJECT MANUAL

Contract Documents and Technical Specifications

VOLUME 1 of 1

FM 812 Landfill Leachate Tank Connection

C.I.P PROJECT NUMBER 5698.017

SOLICITATION NUMBER: CLMC1077

CITY OF AUSTIN

Austin Resource Recovery

10108 FM 812

Austin, TX 78617

Specification Sections SS16050, SS16100, SS16910 and SS16911 were prepared by or under the direct supervision of Jason Ramsay PE #120751. All other sections were prepared by or under the direct supervision of Edward A. Shepard, JR. PE #133723.

Texas Registered Engineering Firm F-5650.

Bidding Requirements, Contract Forms, and Conditions of the Contract

Table of Contents

Rev. Date 08/01/2025 Table of Contents Page 1 of 3 FM 812 Tank Connection (100%) 2025-09-18

Document Revision Document Number Date Name

VOLUME 1

09/18/2025 Table of Contents

BIDDING REQUIREMENTS, CONTRACT FORMS, & CONDITIONS OF THE CONTRACT

00020 09/21/2023 Invitation for Bids 00100 09/21/2023 Instruction to Bidders 00220 03/30/2018 Geotechnical Data 00300U 09/01/2021 Unit Price Bid Form 00300 04/03/2020 Total Bid Form 00400 10/10/2022 Statement of Bidder’s Experience 00405 03/30/2018 Certification of Non-Suspension or Debarment 00440 01/17/2024 Prohibited Activities 00450 09/21/2023 MBE/WBE No Goals Utilization Plan 00500 02/04/2020 Agreement (SAMPLE) 00610 02/04/2020 Performance Bond 00620 02/04/2020 Payment Bond 00630 10/22/2019 Nondiscrimination Certificate 00631 03/30/2018 Title VI Assurances Appendix A 00632 03/30/2018 Title VI Assurances Appendix E 00650 06/08/2018 Certificate of Insurance 00670 01/11/2019 Sales Tax Exemption Certificate 00680 03/30/2018 Non-Use of Asbestos Affidavit (Prior to Construction) 00681 03/30/2018 Non-Use of Asbestos Affidavit (After Construction) 00700 09/21/2023 General Conditions 00810 02/28/2023 Supplemental General Conditions 00830 03/21/2025 Wage Rates and Payroll Reporting 00830BC 08/01/2025 Wage Rates Building Construction 00830HH 01/17/2025 Wage Rates Heavy and Highway 00830WT 10/01/2023 Wage Rates and Payroll Reporting 00840 05/30/2025 Construction Training Program Requirements 00900 05/10/2021 Addendum (SAMPLE)

SPECIFICATIONS

Division 1 – General Requirements

01010 08/28/2020 Summary of Work 01050 10/19/2015 Grades Lines & Levels 01095 07/21/2003 Reference Standards and Definitions 01200 05/06/2022 Project Meetings 01300 05/06/2022 Submittals 01352 06/29/2018 Sustainable Construction Requirements 01353 04/29/2020 Construction Equipment Emissions Reduction Plan 01380 04/14/2023 Construction Photography & Videos 01400 12/05/2024 Quality Control Services

Rev. Date 08/01/2025 Table of Contents Page 2 of 3

Document Revision Document Number Date Name

01500 08/28/2020 Temporary Facilities 01505 08/12/2019 Construction and Demolition Waste Management 01510 06/29/2018 Construction Indoor Air Quality Management Plan 01550 08/09/2012 Public Safety and Convenience 01600 12/04/2024 Materials and Equipment 01730 12/05/2024 Operation and Maintenance Data 01900 03/12/2012 Prohibition of Asbestos Containing Materials 01900A 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A Prior to Design) 01900B 06/05/2006 Statement of Non-Inclusion of Asbestos Containing Material (E/A After

Design)

City Standard Technical Specifications

Series 200 220S 02/24/10 Sprinkling for Dust Control

Series 300 315S 09/26/2012 Milling Asphaltic Concrete Pavement and Non-Portland Cement Concrete

Bases

Series 400 403S 03/01/22 Concrete for Structures

Series 500 506 02/22/21 Manholes 509S 09/26/12 Excavation Safety Systems 510 06/02/25 Pipe

Series 600 601S 11/14/2016 Salvaging and Placing Topsoil 604S 06/17/2021 Seeding for Erosion Control 607S 05/23/2000 Slope Stabilization Applications for Erosion Control 609S 07/01/2024 Native Seeding and Planting for Restoration 641S 03/25/2021 Stabilized Construction Entrance 642S 09/01/2011 Silt Fence

Series 700 700S 09/26/12 Mobilization

Series 800 802S 09/14/21 Project Signs

Special Provisions to City Standard Technical Specifications

SP506 06/13/25 Manholes SP510 12/10/24 Pipe SP601S 05/16/25 Salvaging and Placing Topsoil SP604S 05/16/25 Seeding for Erosion Control

Rev. Date 08/01/2025 Table of Contents Page 3 of 3

Document Revision Document Number Date Name

SP607S 05/16/25 Slope Stabilization Applications for Erosion Control SP609S 05/16/25 Native Seeding and Planting for Restoration SP641S 05/16/25 Stabilized Construction Entrance SP642S 05/16/25 Silt Fence

Special Specifications

SS510 06/13/25 Detectable Warning Tape SS751 12/10/24 Area B Wells Protection SS752 12/10/24 Steel Guard Post SS11000 05/16/25 Equipment SS11001 12/10/24 Tank Area A SS11002 12/10/24 Tank Area B SS15111 05/16/25 HDPE Dual Contained Piping SS16050 05/16/25 Basic Electrical Requirements SS16100 05/16/25 Basic Electrical Materials and Methods SS16910 05/16/25 Control Panels SS16911 05/16/25 Cellular Telemetry

END

Bidding Requirements, Contract Forms and Conditions of the Contract

INVITATION FOR BIDS

Section 00020

Rev. Date 09/21/2023 Invitation for Bids / 00020 Page 1 of 4

1. OVERVIEW AND PROJECT INFORMATION

Following is a summary of information for this Project. Bidder is cautioned to refer to other sections of the Project Manual, Drawings and Addenda (Bid Documents) for further details.

The City of Austin, hereafter called OWNER, is requesting Bids for furnishing all labor, materials, equipment, supervision, and incidentals, and for performing all Work required for the following:

Project: FM 812 Landfill Leachate Tank Connection Located at: 10108 FM 812, Austin Texas 78719 CIP ID No.: 5698.017 Solicitation No.: CLMC1077

The Work of this Contract comprises the connection of two leachate storage tanks to the City’s sanitary sewer manhole located on the Owner’s property. The existing City manhole is near the intersection of FM 973 and Moore’s Crossing roads in southeast Austin. Work also includes the installation of a dual-contained high-density polyethylene (HDPE) above-ground and below ground pipeline, pipe restraints and supports, below ground PVC pipe with a connection to the city manhole, fittings, valves, sensors, meters, pumps, control panels/cellular telemetry, connection and improvements to existing storage tanks, underground road crossings and other appurtenances.

2. BID DOCUMENTS

Bid Documents are obtained through the City’s Vendor Connection website, log on https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm. A complete set of Bid Documents, including all sections of the Project Manual and Drawings, are included in the attachments section of each solicitation.

All addenda and answers to Bidders’ questions will also be posted in the attachments section for each solicitation on the City’s Vendor Connection website.

3. SUBMISSION OF BIDS

Bids must be submitted electronically via Austin Finance Online eResponse (see eResponse Instructions).

Disclaimer: The result of the bid opening does not become final until all bids are verified, and the bid tab is certified. The pencil bid tab and certified bid tab will be posted in Austin Finance Online at the following link:

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm

ALL BIDS AND COMPLIANCE PLANS ARE DUE PRIOR TO (Austin time) 2:00 PM ON October 22,2025.

BIDS WILL BE OPENED AT (Austin time) 3:00 PM ON October 22,2025.

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm https://www.austintexas.gov/sites/default/files/files/Capital%20Contracting/eResponse%20Instructions%20Submitting%20Offers%20Austin%20Finance%20Online.pdf https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm

Rev. Date 09/21/2023 Invitation for Bids / 00020 Page 2 of 4 FM 812 Tank Connection (100%) 2025-09-18

ALL BIDS AND COMPLIANCE PLANS NOT RECEIVED PRIOR TO THE DATE AND TIME

SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time of record is the time received in Austin Finance Online.

4. VENDOR REGISTRATION AND NON-DISCRIMINATION

To create, edit, or submit an eResponse Bid, you must be logged in to your vendor account as the primary contact. You are eligible to submit an eResponse Bid after creating a user account and providing the business information of your organization. All CONTRACTORS must be registered to do business with OWNER prior to the Contract Award. All Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto and follow directions:

https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17.

The City of Austin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

5. MBE/WBE PROCUREMENT PROGRAM

All City procurements are subject to the City’s Minority-Owned and Women-Owned Business Enterprise Procurement Program found at Chapter 2-9-A of the City Code, as amended. The Program provides Minority-Owned and Women-Owned Business Enterprises (MBEs/WBEs) or Disadvantaged Business Enterprises (DBEs) full opportunity to participate in all City contracts. Goals for MBE/WBE or DBE participation are stated for each solicitation.

Information on achieving the goals or documenting good faith efforts to achieve the goals are contained in the MBE/WBE Procurement Program Package or DBE Procurement Program Package attached to the solicitation. When goals are established, Bidders are required to complete and return the MBE/WBE or DBE Compliance Plan with their Bid. If a Compliance Plan is not submitted prior to the date and time set forth in the solicitation, the Bid will not be accepted for consideration. (See Section 00820 for MBE/WBE requirements on "no goal" solicitations.)

6. BID GUARANTY

All Bids shall be accompanied by an acceptable Bid guaranty in an amount of not less than five percent (5%) of the total Bid, as specified in Section 00100, Instructions to Bidders.

7. BONDS AND INSURANCE

Performance and payment bonds when required shall be executed on forms furnished by OWNER. Each bond shall be issued in an amount of one hundred percent (100%) of the Contract Amount by a solvent corporate surety company authorized to do business in the State of Texas and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17

Rev. Date 09/21/2023 Invitation for Bids / 00020 Page 3 of 4

Minimum insurance requirements are specified in Section 00810, Supplemental General Conditions.

8. WAGE COMPLIANCE

Minimum wage rates have been established and are specified in Section 00830, Wage Rates and Payroll Reporting.

9. CONTRACT TIME

Contract Time is of the essence and all Work shall be substantially completed within one hundred and fifty (150) Calendar Days after date specified in the Notice to Proceed, in accordance with the Bid Form, Section 00300.

Final completion shall be achieved within thirty (30) Calendar Days after substantial completion.

Liquidated damages are eight hundred and fifty dollars ($850.00) per Calendar Day for failure to substantially complete the work and five hundred dollars ($500.00) per Calendar Day for failure to achieve final completion within thirty Calendar Days after substantial completion, in accordance with the Bid Form, Section 00300.

10. OWNER’S RIGHTS

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bid).

11. PRE-BID CONFERENCE

A mandatory Pre-Bid Conference will be held on October 8, 2025, at 9:00 am (Austin time), at the Project Site with address at 10108 FM 812, Austin, Texas 78719.

Attendance is mandatory unless otherwise stated. Bidders must attend any mandatory Pre-Bid Conference and are encouraged to attend any non-mandatory Pre-Bid Conference to ensure their understanding of OWNER’s bidding and contracting requirements, particularly MBE/WBE or DBE Procurement Program requirements. If the Pre-Bid Conference is mandatory the Bidder must arrive and sign-in within fifteen (15) minutes of the scheduled start time of the meeting, otherwise the Bidder will not be allowed to submit a Bid for the project.

11. SITE MEETING

A mandatory Site Meeting will take place on October 8, 2025, at 9:30 am (Austin time) at the Project Site with address at 10108 FM 812, Austin, Texas 78719.

Attendance is mandatory unless otherwise stated. Bidders must attend any mandatory Site Meeting and are encouraged to attend any non-mandatory site meetings to ensure their understanding of OWNER’s contracting requirements, particularly MBE/WBE or DBE Procurement Program requirements. If the Site Meeting is mandatory the Bidder must arrive and sign-in within fifteen (15) minutes of the scheduled start time of the meeting, Rev. Date 09/21/2023 Invitation for Bids / 00020 Page 4 of 4 FM 812 Tank Connection (100%) 2025-09-18 otherwise the Bidder will not be allowed to submit a Bid for the project.

13. ANTI-LOBBYING AND PROCUREMENT

On June 14, 2018, the Austin City Council adopted Ordinance No. 20180614-056 replacing Chapter 2.7, Article 6 of the City Code relating to Anti-Lobbying and Procurement. The policy defined in this Code applies to Solicitations for goods and/or services requiring City Council approval under City Charter Article VII, Section 15 (Purchase Procedures). The City requires Offerors submitting Offers on this Solicitation to certify that the Offeror has not in any way directly or indirectly had communication restricted in the ordinance section 2-7-104 during the No-Lobbying Period as defined in the Ordinance. The text of the City Ordinance is posted on the Internet at:

https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614- 056.pdf

14. AUTHORIZED CONTACT PERSONS

The persons listed below may be contacted for information regarding the Invitation for Bid.

PROJECT MANAGER:

Christine Whitney, 512-974-6085, email - christine.whitney@austintexas.gov

CAPITAL CONTRACTING CONTACT:

Ivan Quinones, phone 512-974-7207, email - ivan.quinones@austintexas.gov.

SMALL & MINORITY BUSINESS RESOURCES:

Lisa Barney, 512-974-8046, email - lisa.barney@austintexas.gov.

END

https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614-056.pdf https://assets.austintexas.gov/purchase/downloads/New_ALO_Ordinance_No_20180614-056.pdf mailto:christine.whitney@austintexas.gov mailto:ivan.quinones@austintexas.gov

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 1 of 15

INSTRUCTIONS TO BIDDERS

Section 00100

1. PREPARATION OF BID

1.1 Bid Documents. Each Bidder must prepare its Bid on forms furnished by OWNER or as otherwise specified or permitted. Blank spaces for each item in Bid form must be filled.

Bidder must submit a price for each item in Bid. In case of conflict between unit prices and extensions, unit prices shall govern. The Bid must be executed in the complete and correct legal name of individual, partnership, firm, corporation or other legal entity constituting the Bidder.

1.2 Vendor Registration. To create, edit, or submit an eResponse Bid, you must be logged in to your vendor account as the primary contact. You are eligible to submit an eResponse Bid after creating a user account and providing the business information of your organization. All CONTRACTORS must be registered to do business with OWNER prior to Contract Award. All Subcontractors must be registered with the OWNER prior to execution of a contract. Prime Contractors are responsible for ensuring that their Subcontractors are registered as vendors with the City of Austin. Registration can be done through the OWNER’s on-line Vendor Registration system. Log onto https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17 and follow the directions.

1.3 Pre-Bid Conference. Unless otherwise notified, Bidders must attend the Pre-Bid Conference to ensure their understanding of OWNER’s bidding and contracting requirements, particularly MBE/WBE Procurement Program requirements.

1.4 Sales Tax Exemption. The Owner is a tax-exempt organization as defined by Chapter 11 of the Property Tax Code of Texas. Bid prices shall not include sales tax on materials, supplies, or equipment that are incorporated into the real property interest of the OWNER or are otherwise completely used and consumed in the performance of the Contract. OWNER will furnish CONTRACTOR with a Sales Tax Exemption Certificate to be issued to Suppliers in lieu of the tax.

1.5 Minimum Wages. Workers on Project shall be paid not less than wage rates, including fringe benefits, as published by the Department of Labor (DOL) for Building Construction and Heavy and Highway Trades “AS APPLICABLE” and/or the minimum wage required by City of Austin Ordinance No. 20160324-015, whichever is higher. The Total Minimum Wage required can be met using any combination of cash and non-cash qualified fringe benefits provided the cash component meets or exceeds the minimum wage required.

1.6 Addenda. Bidder shall be knowledgeable of all Addenda issued and shall acknowledge all Addenda in spaces provided on Bid form. Further information regarding the Bid documents and the Project may be obtained from the Project Manager listed at the end of Section 00020, Invitation for Bids.

1.7 Required Items. Bids must include all specified items in this section and be submitted in accordance with paragraph No. 7 below. Any additional requirement to the bid submittal is specified in Section 00820. Any corrections to a Bid shall be initialed by the person signing the Bid.

1.8 Professional Services. Bidders must secure any required professional services that are defined as professional services under the Professional Services Procurement Act, Chapter 2254 of the Texas Government Code (for example: registered professional land https://financeonline.austintexas.gov/afo/afo_content.cfm?s=17

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 2 of 15 surveyors and professional engineers) using the qualifications based selection process prescribed by that chapter. (Note: It is a violation of State Law to solicit Bids for professional services.)

1.9 Further Information. Prospective Bidders desiring further information or interpretation of Project Manual or Drawings must make a written request for such information to OWNER addressed to the Authorized Contact Person listed in Section 00020 no later than seven (7) Working Days before Bid opening. Interpretation of Project Manual or Drawings will be made by Addendum only and obtained through the City’s Vendor Connection website.

Log on to:

https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm.

Any verbal communications will not be binding on the OWNER.

1.10 Anti-Lobbying and Procurement. Article 6, Chapter 2-7, City Code, repealed and replaced effective on June 25, 2018, prohibits lobbying activities or representations by Offerors during the No Lobbying Period as defined in the Ordinance.

1.10.1. FINDINGS; PURPOSE.

(A) The council finds that persons who enter a competitive process for a city contract voluntarily agree to abide by the terms of the competitive process, including the provisions of this article.

(B) The council finds that it is in the City's interest:

(i) to provide the most fair, equitable, and competitive process possible for selection among potential vendors in order to acquire the best and most competitive goods and services; and

(ii) to further compliance with State law procurement requirements.

(C) The council intends that:

(i) each response is considered on the same basis as all others; and

(ii) respondents have equal access to information regarding a solicitation, and the same opportunity to present information regarding the solicitation for consideration by the City.

1.10.2. APPLICABILITY.

(A) This article applies to all solicitations except:

(i) City social service funding;

(ii) City cultural arts funding;

(iii) federal, state or City block grant funding;

(iv) the sale or rental of real property;

(v) interlocal contracts or agreements; and

(vi) solicitations specifically exempted from this article by council.

(B) Absent an affirmative determination by the council, the purchasing officer has the discretion to apply this article to any other competitive process.

(C) City Code Section 1-1-99 (Offenses; General Penalty) does not apply to this article.

1.10.3. DEFINITIONS.

In this article:

(A) AGENT means a person authorized by a respondent to act for or in place of the respondent in order to communicate on behalf of that respondent.

Each of the following is presumed to be an agent:

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 3 of 15

(i) a current full-time or part-time employee, owner, director, officer, member, or manager of a respondent;

(ii) a person related within the first degree of consanguinity or affinity to a current fulltime or part-time employee, owner, director, officer, member, or manager of a respondent;

(iii) a person related within the first degree of consanguinity or affinity to the respondent, if a respondent is an individual person; and Section 0200 V2, Solicitation Instructions 4 Rev. 06-26-2018

(iv) a lobbyist, attorney, or other legal representative of the respondent that has been retained by the respondent with respect to the subject matter of either the solicitation or the respondent’s response to the solicitation.

(B) AUTHORIZED CONTACT PERSON means a City employee designated in a City solicitation as the point of contact for all purposes for that solicitation.

(C) CITY EMPLOYEE is defined in Section 2-7-2 (Definitions), and further includes an independent contractor hired by the City with respect to the solicitation.

(D) CITY OFFICIAL is defined in Section 2-7-2 (Definitions).

(E) NO-LOBBYING PERIOD means the period of time beginning at the date and time a solicitation is published and continuing through the earliest of the following:

(i) the date the last contract resulting from the solicitation is signed;

(ii) 60 days following council authorization of the last contract resulting from the solicitation; or

(iii) cancellation of the solicitation by the City

(F) PURCHASING OFFICER means the City employee authorized to carry out the purchasing and procurement functions and authority of the City.

(G) RESPONSE means a submission in reply to a solicitation.

(H) RESPONDENT means a person or entity that has timely submitted or subsequently timely submits a response to a City solicitation, even if that person subsequently withdraws its response or has been disqualified by the City for any reason. Respondent includes:

(i) a subsidiary or parent of a respondent;

(ii) a joint enterprise, joint venture, or partnership with an interest in a response and in which a respondent is a member or is otherwise involved, including any partner in such joint enterprise, joint venture, or partnership; and

(iii) a subcontractor to a respondent in connection with that respondent's response.

(I) SOLICITATION means an opportunity to compete to conduct business with the City that requires council approval under City Charter Article VII Section 15 (Purchase Procedure), and includes, without limitation:

(i) an invitation for bids;

(ii) a request for proposals;

(iii) a request for qualifications;

(iv) a notice of funding availability; and

(v) any other competitive solicitation process for which the purchasing officer, in the purchasing officer’s sole discretion, affirmatively determines this article should apply in accordance with Section 2-B.

1.10.4. RESTRICTION ON LOBBYING.

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 4 of 15

Subject to the exclusions in Section 5 (Permitted Communications), during a no-lobbying period,

(A) a respondent or an agent shall not communicate directly with a City official or a City employee, or both in order to:

(i) provide substantive information about any respondent or response with respect to the solicitation to which the communication relates;

(ii) encourage the City to reject one or more of the responses to the solicitation to which the communication relates;

(iii) convey a complaint about the solicitation to which the communication relates; or

(iv) ask any City official or City employee to favor or oppose, recommend or not recommend, vote for or against, consider or not consider, or take action or refrain from taking action on any vote, decision, or agenda item regarding the solicitation to which the communication relates.

(B) a City official shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies;

(C) a City employee, other than the authorized contact person, shall not contact or communicate with a respondent regarding a response or the solicitation to which the no-lobbying period applies.

1.10.5. PERMITTED COMMUNICATIONS.

The following communications are permitted under this article at any time:

(A) any communication between a respondent or agent and any authorized contact person, including, without limitation and in accordance with regulation, any complaint concerning the solicitation;

(B) any communication between a respondent or agent and any person to the extent the communication relates solely to an existing contract between a respondent and the City, even when the scope, products, or services of the current contract are the same or similar to those contained in an active solicitation;

(C) any communication between a respondent or an agent and a City employee to the extent the communication relates solely to a non-substantive, procedural matter related to a response or solicitation;

(D) any communication required by or made during the course of a formal protest hearing related to a solicitation;

(E) any communication between a respondent or an agent and the City’s Small & Minority Business Resources Department, that solely relates to compliance with Chapters 2-9A through 2-9D (Minority-Owned and Women- Owned Business Enterprise Procurement Program) of the City Code;

(F) any communication between an attorney representing a respondent and an attorney authorized to represent the City, to the extent the communication is permitted by the Texas Disciplinary Rules of Professional Conduct;

(G) any communication made by a respondent or an agent to the applicable governing body during the course of a meeting properly noticed and held under Texas Government Code Chapter 551 (Open Meetings Act);

(H) any communication between a respondent or an agent and a City employee whose official responsibility encompasses the setting of minimum insurance requirements for the solicitation to which the communication relates, to the extent the communication relates solely to the insurance requirements established by the City in the solicitation; and

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 5 of 15

(I) any contribution or expenditure as defined in Chapter 2-2 (Campaign Finance).

1.10.6. MODIFICATION OF RESTRICTION.

The purchasing officer may waive, modify, or reduce the requirements in Section 4 (Restrictions on Lobbying) in order to allow respondents to communicate with a City employee or a City official other than the authorized contact person when the purchasing officer determines, in writing, that the solicitation must be conducted in an expedited manner, including but not limited to a solicitation conducted for reasons of health or safety under the shortest schedule possible with no extensions. Any such modification authorized by the purchasing officer shall be stated in the solicitation.

1.10.7. NOTICE.

(A) Each solicitation shall include a notice advising respondents and prospective respondents:

(i) of the requirements of this article;

(ii) that any communication initiated by a City employee or City official, other than the authorized contact person, during the no-lobbying period regarding a response or the solicitation may result in a violation of Section 4(A) if the respondent subsequently lobbies that City employee or City official.

(B) The purchasing officer, or a City employee designated by the purchasing officer, shall provide weekly written notice, accessible to all City employees and City officials, of each solicitation for which the no-lobbying period is in effect.

1.10.8. DISCLOSURE OF VIOLATION.

A City official or a City employee other than the authorized contact person that becomes aware of a violation of Section 4 (Restrictions on Lobbying) shall notify the authorized contact person in writing as soon as practicable.

1.10.9. ENFORCEMENT.

(A) A respondent that has been disqualified pursuant to Section 10(A) (Disqualification; Contract Voidable) may appeal such disqualification to a subcommittee that is less than a quorum of the Ethics Review Commission established in Chapter 2-7, Article 2 (Ethics Review Commission), whose decision on appeal shall be final and binding. Any appeal must be filed in the manner prescribed by the Ethics Review Commission within 5 calendar days of the notice given by the purchasing officer pursuant to Section 10(B).

(B) The purchasing officer shall waive a violation of Section 4(A) if the violation was solely the result of communications initiated by a City official or a City employee other than the authorized contact person.

(C) The purchasing officer has the authority to enforce this article through rules promulgated in accordance with Chapter 1-2 (Adoption of Rules), which at a minimum shall include a notice and protest process for respondents disqualified pursuant to Section 10 (Disqualification;Contract Voidable), including:

(1) written notice of the disqualification imposed pursuant to Section 10 (Disqualification;Contract Voidable);

(2) written notice of the right to protest the disqualification imposed;

and

(3) written notice of the right to request an impartial hearing process.

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 6 of 15

1.10.10. DISQUALIFICATION; CONTRACT VOIDABLE.

(A) If the purchasing officer finds that a respondent has violated Section 2-7- 104(1), the respondent is disqualified from participating in the solicitation to which the violation related.

(B) The purchasing officer shall promptly provide written notice of disqualification to a disqualified respondent.

(C) If a respondent is disqualified from participating in a solicitation as a result of violating Section 2-7-104(1) and the solicitation is cancelled for any reason, that respondent is also disqualified from submitting a response to any reissue of the same or similar solicitation for the same or similar project. For the purposes of this section, the purchasing officer may determine whether any particular solicitation constitutes a “same or similar solicitation for the same or similar project”.

(D) If a respondent violates Section 104(1) and is awarded a contract resulting from the solicitation to which the violation relates, the City may void that contract.

(E) Respondents that violate Section 2-7-104(1) three or more times during a five year period may be subject to debarment from participating in any new contracts with the City for a period of up to three years.

1.11 City’s Minority-Owned and Women-Owned Business Enterprise / Disadvantaged Business Enterprise (MBE/WBE or DBE) Program Requirements.

Good Faith Efforts. When a bidder cannot achieve the MBE/WBE or DBE goals or subgoals established for the project, the bidder must document its Good Faith Efforts to meet the goals or subgoals. Good Faith Effort evaluations will consider, at a minimum, the bidder’s efforts to do the following:

1.11.1 Soliciting through at least two reasonable, available and verifiable means

MBEs/WBEs within the Significant Local Business Presence boundaries at least seven (7) business days prior to the bid opening date to allow the MBEs/WBEs or DBEs to respond to the bid.

1.11.2 Providing interested MBEs/WBEs or DBEs adequate information about the bid documents and requirements, including addenda, in a timely manner to assist them in responding to the bid.

1.11.3 Negotiating in good faith with interested MBEs/WBEs DBEs that have submitted bids to the bidder.

1.11.4 Publishing notice in a local publication such as a newspaper, trade association publication or via electronic/social media.

1.11.5 Not rejecting MBEs/WBEs or DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.

1.11.6 Making economically feasible portions of the work available to MBE/WBE or

DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MBE/WBE or DBE subcontractors and suppliers, so as to facilitate meeting the goals or subgoals.

1.11.7 The ability or desire of the bidder to perform the project work with its own

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 7 of 15 organization does not relieve the bidder of the responsibility to make Good Faith Efforts.

1.11.8 Bidders are not required to accept higher quotes in order to meet the goals or subgoals.

1.11.9 Effectively using the services of Minority Person/Women community organizations; Minority Person/Women Contractors groups; local, state and federal Minority Person/Women business assistance offices; and other organizations to provide assistance in solicitation and utilization of MBEs, WBEs and/or DBEs.

1.11.10 In assessing minimum Good Faith Efforts, the OWNER may consider (1) whether the bidder sought guidance from the City of Austin Small and Minority Business Resources Department (SMBR) on any question regarding compliance with these requirements; and (2) the performance of other bidders in meeting the goals.

For additional information, refer to the MBE/WBE or DBE Compliance Program Requirements Volume of the Project Manual.

Bid shopping is not allowed in conjunction with this solicitation and may result in the disqualification of prospective bidders and subcontractors.

2. ESTIMATES OF QUANTITIES (UNIT PRICE CONTRACTS ONLY)

Quantities listed in unit price Bid form are to be considered approximate quantities and will be used only for comparison of Bids. Payment to CONTRACTOR will be made only for actual quantities of Work performed or materials furnished in accordance with Contract and it is understood that quantities may be increased or decreased as provided in Section 00700, General Conditions, and as may be modified by Section 00810, Supplemental General Conditions.

3. DRAWINGS, PROJECT MANUAL AND SITE (S) OF WORK

Before submitting a Bid, the Bidder shall carefully examine the Bid Documents, site(s) of the proposed Work, soils, and other conditions that may affect the performance of the Work to satisfy the Bidder as to character, quality and quantities of Work to be performed and materials to be furnished. By submitting a Bid, the Bidder will be deemed to have certified that the Bidder has complied with these requirements. If, during preparation of the Bid, the Bidder discovers any suspected discrepancies or errors, the Bidder must immediately notify the Authorized Contact Person in writing of the suspected discrepancy or error. Failure to provide written notice of any suspected discrepancies or errors may be cause for rejection of the Bid.

4. BID GUARANTY

All Bids shall be accompanied by a Bid guaranty in an amount of not less than five percent (5%) of the total Bid. Bid guaranty will be a Bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of the State of Texas and acceptable to OWNER. For Bidders electing to submit Bids and Bid Guaranties electronically via Austin Finance Online, Bid Guaranties will be verified by the Owner prior to bid certification and electronic copies of Bid Guaranties will not be returned to Bidders.

The Bid guaranty accompanying the Bid of the three (3) apparent low Bidders will be retained until Contract is awarded and successful Bidder executes Contract and furnishes required

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 8 of 15 bonds and insurance, after which Bid guaranties will be returned to the Bidders. All other Bid guaranties will be returned after Bid certification. In the event that the Bidder to whom the Contract is awarded fails to execute the Contract within five (5) working days of receipt of a complete set of Contract Documents the Bidder agrees that the OWNER in its discretion may rescind the initial award and award the Contract to the next lowest responsible Bidder.

5. PERFORMANCE AND PAYMENT BONDS

When performance and/or payment bonds are required, each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by a solvent corporate surety authorized to do business in the State of Texas, and shall meet any other requirements established by law or by OWNER pursuant to applicable law.

6. CONSIDERATION OF BID AMOUNT

For purpose of award, after Bids are opened, reviewed, and certified, the total amount of the Bid, including accepted Bid alternates, will be considered the amount of the Bid.

Certified Bid tabulations will be made available to the public through the City’s Vendor Connection website, log on https://financeonline.austintexas.gov/afo/account_services/solicitation/solicitations.cfm.

OWNER reserves the right to reject any or all Bids and to waive any minor informality in any Bid or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bids).

7. SUBMISSION OF BID

Each Bid must be completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity submitting the Bid, and, shall include the following electronically via Austin Finance Online eResponse:

7.1 One copy of Bid form (Section 00300L or 00300U) completed and signed.

7.2 Acknowledgment of receipt of Addenda issued in spaces provided in Bid form.

7.3 One copy of Required Bid guaranty

7.4 Required Information indicated in Drawings or Project Manual as specified in Section 00820.

7.5 One copy of Total Bid Form.

Bid must be accompanied by an MBE/WBE or DBE Compliance Plansubmitted electronically via Austin Finance Online, prior to the date and time set forth in Section 00020, Invitation for Bids. The Compliance Plan forms are included in the MBE/WBE Procurement Program Package or DBE Procurement Program Package (a separately bound volume).

Bid shall include all specified items in this section submitted electronically via Austin Finance Online.

In submitting its Bid, Bidder certifies that it has not lobbied the City or its officials, managers, employees, consultants, or contractors in such a manner as to influence or to attempt to influence the bidding process. In the event it reasonably appears that the Bidder influenced or attempted to influence the bidding process, the City may, in its discretion, reject

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 9 of 15 the Bid.

8. WITHDRAWAL OF BID

For withdrawal of an electronic bid see eResponse Instructions.

9. REJECTION OF BIDS

9.1 The following will be cause to reject a Bid:

9.1.1 Failure to submit Section 00300 (Bid Form) and signed by an individual empowered to bind the Bidder.

9.1.2 Bids which are not accompanied by acceptable Bid guaranty, with Power of

Attorney attached, or a letter certifying the Bidder’s ability to be bonded, from a surety company, in accordance with Paragraph 4 above.

9.1.3 More than one Bid for same Work from an individual, firm, partnership or corporation.

9.1.4 Evidence of collusion among Bidders.

9.1.5 Sworn testimony or discovery in pending litigation with OWNER which discloses misconduct or willful refusal by contractor to comply with subject contract or instructions of OWNER.

9.1.6 Failure to submit MBE/WBE or DBE Compliance Plan in accordance with the separately bound volume titled MBE/WBE Procurement Program Package or DBE Procurement Program Package.

9.1.7 Failure to have an authorized agent of the Bidder attend the mandatory Pre-

Bid Conference, if applicable.

9.1.8 Bids received from a Bidder who has been debarred or suspended by OWNER’s

Purchasing Officer.

9.1.9 Bids received from a Bidder when Bidder or principals are currently debarred or suspended by Federal, State or City governmental agencies. (Applicable for Bid amounts equal to or in excess of $25,000.00).

9.1.10 Bids received from a Bidder, who is identified on a list maintained by the Texas

Comptroller of Public Accounts as a company known to have contracts with or provide supplies or services to a foreign terrorist organization, unless otherwise exempted from sanctions by the United States government.

9.2 The following may be cause to reject a Bid:

9.2.1 Poor performance in execution of work under a previous City of Austin contract.

9.2.2 Failure to achieve reasonable progress on an existing City of Austin contract.

9.2.3 Default on previous contracts or failure to execute Contract after award.

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9.2.4 Evidence of failure to pay Subcontractors, Suppliers or employees in accordance with Contract requirements.

9.2.5 Bids containing omissions, alterations of form, additions, qualifications or conditions not called for by OWNER, or incomplete Bids may be rejected. In any case of ambiguity or lack of clarity in the Bid, OWNER reserves right to determine most advantageous Bid or to reject the Bid.

9.2.6 Failure to acknowledge receipt of Addenda.

9.2.7 Failure to submit any of the items specified below in paragraph 11, “Submission of Post Bid Information”.

9.2.8 Failure to identify a dollar amount (price) of a unit price(s) in the 00300U including all Bid Alternates in the Bid Form 00300U or 00300L.

9.2.9 Failure to submit post-Bid information within the allotted time(s) (see paragraph 11 for post-Bid requirements).

9.2.10 Failure to timely execute Contract after award.

9.2.11 Previous environmental violations resulting in fines or citations by a governmental entity (i.e. U.S. Environmental Protection Agency, Texas Commission on Environmental Quality, etc.).

9.2.12 Safety record as set forth in Section 00410, Statement of Bidder's Safety

Experience.

9.2.13 Failure of Bidder to demonstrate the minimum experience required as specified in Section 00400 if that Section is included in the bidding documents.

9.2.14 Evidence of Bidder’s lack of sufficient resources, workforce, equipment or supervision, if required by inclusion of appropriate attachments in Section 00400.

9.2.15 Evidence of poor performance on previous Projects as documented in Owner’s project performance evaluations.

9.2.16 Unbalanced Unit Price Bid: “Unbalanced Bid” means a Bid, which includes a

Bid that is based on unit prices which are significantly less than cost for some Bid items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost are significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the project.

10. PROTEST PROCEDURES

The OWNER’s Chief Procurement Officer or designee has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Chief Procurement Officer or designee may dismiss your complaint or protest.

10.1 Protest regarding the Solicitation (Pre-Submittal of Bid Protest). Any protest regarding the Solicitation by the City shall be filed no later than five (5) days prior to the due

Rev. Date 09/21/2023 Instructions to Bidders / 00100 Page 11 of 15 date and time for Bids. Any protest filed after that date which raises issues regarding the Solicitation will not be considered.

10.2 Protests regarding the evaluation of Bids. Any protest regarding the evaluation of Bids by the City shall be filed with the City no later than five (5) days after the notification of award recommendation is posted on Austin Finance Online, or notification that the protestor’s status as a Bidder has changed, such as notification that a Bid has been found to be non-responsive or a Bidder has been found to be non-responsible. Any protest filed after such date which raises issues regarding the evaluation will not be considered. Bidders may only protest the evaluation of their Bid.

10.3 Protest Regarding Award of Contract (Post-Award Protest). Any protest regarding the award of the contract shall be filed no later than ten (10) days after the date of award. Any protest regarding the award of the contract filed after such date will not be considered.

10.4 You shall submit your protest in writing and it shall include the following information:

(i) your name, address, telephone, and email address; (ii) the Solicitation number; (iii) the specific facts and/or law upon which the protest of the Solicitation or the award is based, including all pertinent documents and evidence thereto; and (iv) the form of relief requested.

10.5 Your protest shall be concise and presented logically and factually to help with the City’s review.

10.6 When the City receives a timely written protest, the Chief Procurement Officer or designee will determine whether the grounds for your protest are sufficient. If the Chief Procurement Officer or designee decides that the grounds are sufficient, the Chief Procurement Officer or designee will schedule a protest hearing, usually within five (5) working days. If the Chief Procurement Officer or designee determines that your grounds are insufficient, the City will notify you of that decision in writing.

10.7 The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Department of Law, the Financial Services Department, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing.

10.8 A decision will usually be made within fifteen (15) calendar days after the hearing.

10.9 The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision.

10.10 When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or the Chief Procurement Officer or designee determines that the City urgently requires the supplies or Services to be purchased, or failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award.

10.11 The protest shall be submitted in writing to the Authorized Contact Person – Capital Contracting Contact identified in the Invitation for Bids, Section 00020.

11. SUBMISSION OF POST BID INFORMATION

11.1 Prior to determination of the certified low Bidder, the three (3) apparent low Bidders must submit to OWNER the following information within three (3) business days of receipt of notice of apparent low Bidder status by the OWNER:

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11.1.1 One copy of Attachments A-I and any other specifically designated

Attachments of the Statement of Bidder’s Experience (Section 00400), completed and signed.

(Unless provided to the contrary in Section 00820 Modifications to Bidding Requirements and Contract Forms). (Note: OWNER reserves the right to solely determine whether the comparable experience documentation provided by the Bidder is sufficient and relevant to the Work described in the Contract Documents for the Bidder to be considered a responsible Bidder.)

11.1.2 One Copy of the Certificate of Non-Suspension or Debarment (Section

00405), completed and signed. (Applicable for Bid amounts equal to or in excess of $25,000.00.)

11.1.3 One copy of Section 00410, Statement of Bidder's Safety Experience, including required attachments, completed and signed.

11.1.4 One copy of the Title VI Assurances Appendix A (Section 00631), completed and signed.

11.1.5 One copy of the Title VI Assurance Appendix E (Section 00632), completed and signed.

11.1.6 One copy of Exhibit A Federal Provisions (Section 00810A) completed and signed. (Federal projects only)

11.1.7 Such other information as is required to evaluate Bid or Bidder.

11.2 Upon notification of status as certified low Bidder, Bidder shall submit the following information to OWNER within three (3) business days:

11.2.1 Confirmation Letters between Bidder and all subcontractor(s) and all supplier(s) identified in the MBE/WBE Compliance Plan.

11.2.2 Section 00425A, Insurance Cost Form. For ROCIP projects.

11.2.3 Section 00425B, Contractor Affidavit of Receipt and Provision of ROCIP

Information, and Subcontractor Affidavit of Receipt and Provision of ROCIP Information (for Subcontractor(s) of all tiers identified in the MBE/WBE Compliance Plan). For ROCIP projects.

11.2.4 Section 00830WT, Wage Theft Certification Form.

11.2.5 Such other information as required. In addition, the Bidder acknowledges and agrees that…