Southeast Pump Station Generator Upgrade

Page 1 of 76 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SOUTHEAST PUMP STATION GENERATOR UPGRADE CITY CONTRACT NO. 2022-099 VOLUME 1 FOR THE CITY OF MESQUITE, TEXAS PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION Prepared by: CITY OF MESQUITE PUBLIC WORKS DEPARTMENT BID OPENING: SEPTEMBER 2022 Page 2 of 76 TABLE OF CONTENTS TENTATIVE SCHEDULE ........................................................................................................................ 3 ADVERTISEMENT FOR BIDS ................................................................................................................ 4 INSTRUCTIONS TO BIDDERS ............................................................................................................... 6 STANDARDS OF CONDUCT .................................................................................................................. 8 BID SUBMITTAL

................................................................................................................................... 10 PROPOSAL........................................................................................................................... 10 BID FORM ............................................................................................................................. 11 DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION ................................ 17 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL................... 18 NON-COLLUSION STATEMENT .......................................................................................... 19 CONFLICT OF INTEREST QUESTIONNAIRE ..................................................................... 21 BID BOND ............................................................................................................................. 23 BIDDER’S QUALIFICATION INFORMATION (APPARENT LOW BIDDER) ......................................... 25 QUALIFICATION STATEMENT OF BIDDER ........................................................................ 26 REFERENCE STATEMENT OF BIDDER'S SURETY........................................................... 31 BIDDER'S RELEASE OF QUALIFICATION INFORMATION ................................................ 32 BIDDER'S LIST OF PROPOSED SUB-CONTRACTORS ..................................................... 33 NON-EXCLUSION AFFIDAVIT - SYSTEM FOR AWARD MANAGEMENT (SAM) ............... 35 CERTIFICATE OF INTERESTED PARTIES – FORM 1295.................................................. 36 CONTRACT AND BOND FORMS ......................................................................................................... 37 CONTRACT CHECKLIST ..................................................................................................... 38 SUPPLEMENT TO ACORD 25 ............................................................................................. 40 CONTRACT .......................................................................................................................... 41 WAGE RATE ......................................................................................................................... 46 PERFORMANCE BOND ....................................................................................................... 51 PAYMENT BOND .................................................................................................................. 53 CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT AND RELEASE ................................. 55 CONTRACT GENERAL PROVISIONS ................................................................................................. 56 ADDENDUM TO DIVISION 100, GENERAL PROVISIONS .................................................................. 57 SPECIAL PROVISIONS ........................................................................................................................ 73 TECHNICAL SPECIFICATIONS ................................................................... ATTACHED AS VOLUME 2 PLANS .......................................................................................................... ATTACHED AS VOLUME 3 Page 3 of 76 TENTATIVE SCHEDULE FOR SOUTHEAST PUMP STATION GENERATOR UPGRADE City Contract No. 2022-099 1st Public Advertisement August 4, 2022 2nd Public Advertisement August 11, 2022 Pre-Bid Conference 2:00 p.m., Wednesday, August 24, 2022 Questions 2:00 p.m., Monday , August 29, 2022 Site Visit August 24, 2022, immediately following the Pre-Bid Conference Open Bids 2:00 p.m., Thursday, September 1, 2022 (Bid openings are held on Tuesdays and Thursdays) Council Awards Contract October, 3, 2022 (Assumes no bidding irregularities or other issues with the low bidder requiring extensive checking of Qualifications) Notice to Proceed - Start Construction November 1, 2022 (Assumes rapid execution of contract documents by the Contractor with proper insurance and bonds) Substantial Completion (450 Calendar Day Contract) January 25, 2024 Page 4 of 76 ADVERTISEMENT FOR BIDS City Contract No. 2022-099 Sealed competitive bids or proposals as set forth and required in the plans and specifications (either of which shall hereinafter be referred to as the “Bid”) addressed to the Mayor and City Council of the City of Mesquite, Texas will be received at the office of Ryan Williams, Manager of Purchasing at the Municipal Center, 1515 N. Galloway Ave., Mesquite, Texas 75149 until 2:00 p.m. on Thursday, September 1, 2022, for the following: SOUTHEAST PUMP STATION GENERATOR UPGRADE. As set forth in the plans and specifications. the project is this project is for the improvements in providing a backup power at the existing Southeast Pump Station in Mesquite. The project includes but is not limited to the following: Furnishing and installing a new 1,000 kW diesel emergency generator in a soundproof level II enclosure with UL142 rated 24-hour skid mounted fuel tank with a standalone 400 kW load bank. The generator shall be encompassed by a new sound attenuating screening wall. As part of this project a new service entrance rated 1200A manual transfer switch shall be installed outside the building adjacent to the existing electrical room. Project also includes modifications inside existing MCC to upgrade three existing 200-250HP pumps to soft starter control and limited control/SCADA modifications and security system upgrade. A pre-bid conference will be held at 2:00 p.m. on Wednesday, August 24, 2022, at the City of Mesquite Municipal Center located at 1515 N. Galloway Avenue, Mesquite, Texas 75149, in the Engineering Division Conference Room. A visit to the project site will be arranged for interested bidders on immediately following the pre-bid conference on August 24, 2022. Instruction to Bidders: proposal forms, plans and specifications (the “Bid Documents”) may be obtained from the Purchasing Department Website and from Periscope Holdings. The Bid shall be submitted on the form provided in the Bid Documents. Vendors should check the Mesquite Purchasing Department website, http://www.cityofmesquite.com/674/Bid-Openings- Specifications-Conferences, and Periscope Holdings, https://www.cityofmesquite.com/678/Periscope- Bid-Openings, to view documents relating to this Bid. Questions shall be submitted through Periscope Holdings and response will be posted through Periscope Holdings. Bidder must submit, with their Bid, a Cashier’s check, Certified check or a Bid Bond from an approved surety company, in the amount of five percent (5%) of their Bid as a guarantee that the Bidder will enter into a contract and guarantee forms, if required, within 10 days after notice of award of contract. The successful bidder must furnish both a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, from an approved Surety company holding a permit from the State of Texas to act as surety, and acceptable according to the latest list of companies holding Certificates of Authority from the Secretary of the Treasury of the United States, or another Surety acceptable to the City. Further information concerning the procurement may be obtained by email only from the City of Mesquite Engineering Division – Justin Stoker, P.E., Assistant Director of Public Works, email: jstoker@cityofmesquite.com. The right is reserved by the City of Mesquite to reject any and all bids. http://www.cityofmesquite.com/674/Bid-Openings-Specifications-Conferences http://www.cityofmesquite.com/674/Bid-Openings-Specifications-Conferences https://www.cityofmesquite.com/678/Periscope-Bid-Openings https://www.cityofmesquite.com/678/Periscope-Bid-Openings mailto:jstoker@cityofmesquite.com Page 5 of 76 CITY OF MESQUITE, TEXAS ______________________________________ Sonja Land City Secretary CITY CONTRACT NO.: 2022-099 Publish: August 4, 2022 August 11, 2022 Page 6 of 76 INSTRUCTIONS TO BIDDERS 1. If you have questions regarding the preparation of your bid, you may contact Ryan Williams, Manager of Purchasing, City of Mesquite, telephone 972-216-6201. For technical questions send an email to Justin Stoker, P.E., Assistant Director of Public Works, email: jstoker@cityofmesquite.com and Damir Lulo, P.E., Freeman-Millican, Inc., damir@fmi- dallas.com. 2. Mailed bids must be submitted in sufficient time to be received and time-stamped at the location in the advertisement on or before the published date and time shown on the Advertisement for Bids. The City of Mesquite is not responsible for mail delivered from the post office. Bids received after the published date and time will not be considered and will be returned unopened. 3. The Bidder/Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the City against any claim arising from the violation of any such laws, ordinances and regulations whether by the Bidder/Contractor or his employees. 4. Prices shall be filled in and extended on the bid sheets. In case of discrepancy between unit price and the extension, the unit price will govern. Contractors may utilize the Microsoft Excel spreadsheet bid form available on the City’s Purchasing Division web site. No other electronic forms will be accepted. A hard copy printout is required with the bid. 5. Bidder shall complete all information requested and blanks provided shall be filled in beside or under each bid item. Failure to completely describe the item being bid may result in rejection of the bid. 6. Prices quoted in the bid shall prevail for the entire term of the contract. 7. The Contract, Performance Bond and Payment Bond forms are included for Bidders information so that Bidders may be familiar with their contents and requirements. Bidder shall not fill in or execute these forms at time of bid submittal. 8. The City of Mesquite reserves the right to reject any and all bids, waive formalities and to make award of bid as may be deemed to the best advantage of the City. No bid may be withdrawn within one hundred and twenty (120) days after date of opening. The City may, at its sole discretion, release any Bidder and return the bid security prior to that date. 9. The City of Mesquite reserves the right to evaluate variations from these specifications. If exceptions are made, bidder shall state wherein the bid item fails to meet these specifications. Failure to completely describe the item being bid may result in rejection of your bid. 10. Any ambiguity in the bid as a result of omission, error, lack of clarity or non-compliance by the Bidder with specifications, instructions and all conditions shall be construed in favor of the City. 11. Quantities are estimated. It is specifically understood and agreed that these quantities are approximate and any increase or decrease in quantities may result in contract adjustments per General Provision 104.2. 12. Disadvantaged business/HUB vendors listed with the Office of Small Business Assistance of the General Services Commission are requested to provide a copy of their current certificate with the bid. mailto:jstoker@cityofmesquite.com mailto:damir@fmi-dallas.com mailto:damir@fmi-dallas.com Page 7 of 76 13. Bidders shall complete the non-collusion statement included in the bid. 14. All BIDDERS must submit with the bid, either a Bid Bond provided herein, Cashier’s Check or Certified Check in the amount of 5% of the total bid per General Provision Section 102.5. 15. Bidders shall fill out the following forms, as noted in the bid and attach them to their bid and mail or deliver them prior to the bid closing date and time to the City of Mesquite Purchasing Division, 1515 N. Galloway, Mesquite, Texas 75149: ❑ Bid Form (Proposal). ❑ Disadvantaged Business Enterprises (DBE) Information. ❑ Prohibition On Contracts with Companies Boycotting Israel – House Bill 89. ❑ Non-Collusion Statement. ❑ Conflict of Interest Questionnaire (CIQ). ❑ Bid Bond. 16. The apparent low bidder shall complete and deliver to the Engineering Division and City’s Consulting Engineer within 48-hours after the bid opening, the following Bidder’s Qualification Information documents: ❑ Qualification Statement of Bidder. If additional space is needed, please use attachments. ❑ Reference Statement of Bidder's Surety. ❑ Bidder's Release of Qualification Information. ❑ Bidder's List of Proposed Sub-contractors. ❑ Financial Statement Reviewed or Audited by an Independent Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP), prepared in the last 12-months for the bidder’s company. ❑ Non-Exclusion Affidavit – System for Award Management (SAM). ❑ Certificate of Interested Parties (Form 1295) ❑ IRS W9 Form – a pdf version of this form can be downloaded from the IRS website. ❑ Secretary of State Filing Certificate. All nine (9) documents shall be delivered to the Engineering Division and City’s Consulting Engineer as a single, complete package. No one form or statement will be accepted individually. If a project is a “joint venture”, all partners in the joint venture shall complete the qualification forms. END OF SECTION Page 8 of 76 STANDARDS OF CONDUCT The City of Mesquite conducts business with the public, business partners, vendors and contractors under a set of rules to ensure that all City officials and employees discharge their duties in a manner designed to promote public trust and confidence in our city. This code of ethics, titled Standards of Conduct, is taken from the Mesquite City Code, Chapter 2, Article IV, Sec 2-123. The City wants you to be aware of the rules that its employees are required to follow while performing their services to you. A violation of state or federal statutes may occur if these rules are broken. It is hoped that by outlining these rules for you, your experience in dealing with the City of Mesquite will be both rewarding and satisfactory. Acceptance of Gifts or Gratuities Accepting gifts or gratuities by employees in consideration for the performance of their duties, or as an appreciation for their performance, is strictly prohibited. • Please do not offer employees any gift, loans or any other thing of value. • Employees may not receive any fee or compensation for their services from any sources other than the City, so please don’t offer. • Please do not offer to buy meals for employees. • Employees may accept coffee, tea, soft drinks, snacks, etc. when attending meetings in your office. • Letters to supervisors for exceptional service by employees are always welcome. Conflicts of Interest Employees are prohibited from engaging in any outside activities that conflict with, or have the appearance of conflicting with, the duties assigned to them in the employment of the City. • Please do not ask employees for any special favor or consideration that is not available to every other citizen. • Please do not ask an employee to disclose any information that is not available to every other citizen through normal public information channels. • Please do not offer to compensate the employee by offering to hire, or do business with any business entity of the employee or family member • Do not ask employees to represent you or your company or make any recommendations on your behalf other than those that are a part of their official duties with the City. • Please do not ask employees to endorse the products or services of your company. • Please do not ask employees to hand out or post advertising materials. Solicitation by City Employees Employees may not solicit gifts, loans, or any other items of value from people doing City business that will be used by them personally. • If you are asked to pay a fee for services that you believe is improper or illegal, please contact the City’s ethic’s officer at 972-329-8723. (Payments should only be made to designated cashiers or clerks.) • Employees are prohibited from taking retaliatory action against you for failing to comply with any request unless the request is within the scope of the employee’s official duties for the City. Use of City Equipment, Facilities and Resources Use of City equipment, facilities and resources is authorized only for City purposes and for those activities permitted by City ordinance and policy. Page 9 of 76 • Please do not ask employees to use City equipment to run errands or perform tasks for your benefit. • Employees may not perform tasks, nor conduct any business not related to their official duties while on City time. Your Rights and Expectations When dealing with employees of the City of Mesquite you have the right to honest, fair and impartial treatment. You may expect prompt, courteous and professional service from our employees who are expected to understand and practice good customer service skills. Employees are tasked to uphold the public trust through the ethical performance of their duties. We understand that the enforcement of regulatory guidelines and codes may sometimes be a cause for concern; however, you may rest assured that we are responsible to all of the citizens of Mesquite and our goal is to serve them to the best of our ability. Should you have any concerns or questions concerning this information or the conduct of any of our employees please contact the City’s ethics officer at 972-329-8723. All calls to the City’s ethics officer are confidential and your name (or any other identifying information) will not be disclosed. Cliff Keheley City Manager Page 10 of 76 BID SUBMITTAL PROPOSAL To: The Honorable Mayor and City Council Members Purchasing Office – Municipal Center City of Mesquite 1515 N. Galloway Avenue Mesquite, Texas, 75149 Pursuant to the Advertisement for Bid, Proposal, Contract, Bond(s), General Provisions, Special Provision(s), and Requirements and the Plans and Technical Specifications, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and to complete all the work upon which he bids, as provided by the Specifications, and binds himself, on acceptance of the proposal, to execute a contract and bonds, according to the City of Mesquite forms, for performing and completing the said work within the required time, and furnish all guarantees, for the following prices, and the undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final, to wit: SOUTHEAST PUMP STATION GENERATOR UPGRADE CITY CONTRACT NO. 2022-099 Page 11 of 76 BID FORM 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for one hundred and twenty days (120) after the Bid opening date, or for such longer period of time that Bidder may agree to in writing upon request of CITY. 3. In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents and the other related data identified in the Bidding Documents. B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by CITY and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given CITY written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by CITY is acceptable to Bidder. Page 12 of 76 J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4. Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over CITY. 5. Bidder will complete the Work in accordance with the Contract Documents for the following prices: Page 13 of 76 SOUTHEAST PUMP STATION GENERATOR UPGRADE CITY CONTRACT NO. 2022-099 MESQUITE, TEXAS ITEM NO BID QTY UNITS ITEM DESCRIPTION UNIT PRICE AMOUNT 1 1 Lump Sum For furnishing 1,000 kW diesel emergency generator in soundproof enclosure and 24-hr skid mounted UL- 142 listed fuel tank, 1600A main circuit breaker and 600A load bank circuit breaker, and 400 kW standalone load bank in NEMA 3R enclosure, with two (2) year warranty as shown on the plans, FOB project site $ $ 2 1 Lump Sum For furnishing all materials, labor and equipment to install a new generator on a structural concrete pad at the site including 12 ft high sound attenuating screening wall system, sidewalk around the generator pad, gate, flexbase, as shown on the plans, complete in place $ $ 3 1 Lump Sum For furnishing all materials, labor and equipment to upgrade existing pump station control and SCADA as shown on the plans and quoted by Prime Controls Inc. $ $ 4 1 Lump Sum For furnishing all materials, labor and equipment to install 1200A manual transfer switch, install new 1200A feeders inside existing conduit from the existing utility transformer to the new manual transfer switch and to main MCC breaker, install new 1200A wires and conduits from the new generator to the new manual transfer switch, install three (3) 200-250HP soft starters in existing MCC sections, generator grounding and lightning protection and complete all other electrical work as shown on the plans, complete in place $ $ TOTAL BASE BID (Items 1 to 4) $ ______________________ 1. Materials incorporated into the Project: $ ______________________ 2. All other charges: $ ______________________ Page 14 of 76 GENERATOR BRAND SUBMITTED IN THE BASE BID: ____________________________________ GENERATOR DELIVERY TIME: _______58___________________ WEEKS The undersigned agrees that the Special Provision SP-5 applies regarding liquidated damages and delayed generator delivery. ALTERNATE BID ITEMS: Additive Alternate 1: Extended Generator Warranty: ITEM NO. EST. QTY. UNITS DESCRIPTION UNIT PRICE AMOUNT A1.1 1 Vert. Foot For increasing comprehensive two (2) year warranty for the generator to five (5) year comprehensive warranty $ $ Additive Alternate 2: Screening Wall Height Increase from 12 ft to 15 ft: ITEM NO. EST. QTY. UNITS DESCRIPTION UNIT PRICE AMOUNT A2.1 1 Vert. Foot For increasing the screening wall height from 12 ft in Base Bid to 15 Ft. This change includes five (5) additional wall panels and six (6) longer posts (increase from 12 ft to 15 ft) $ $ The undersigned agrees that City reserves the right to select Base Bid only, or any combination of the Base Bid and Additive Alternates A1.1 and A2.1, above. NOTE: Materials and all other charges incorporated into the SOUTHEAST PUMP STATION GENERATOR UPGRADE, CITY CONTRACT NO. 2022-099 must equal base bid amount. Page 15 of 76 Pre-bid Inspection The undersigned declares that he has personally inspected the site where the work is to be performed and that he has informed himself of all: (1) surface and subsurface conditions, constraints, and facilities which may in any way affect the work, in terms of cost, time, and/or constructability; (2) quantities, types, and nature(s) of materials to be incorporated into the work; (3) types and specialties of equipment, tools, labor, and superintendence required to perform the work; (4) other matters which in any way will affect the work and/or the performance of the work; (5) project plans, specifications and other project documents. Commencement and Execution The undersigned bidder agrees to commence the work on or before the date so stated in the written notice to proceed and to diligently perform all of the work and to substantially complete the work within 450 calendar days. Time shall commence on the first day of move-in, but in no case later than the date so stated in the written notice to proceed. The Time of Construction as given above shall include all work related to this project. Included in the above Time and Construction shall be the necessary utility work involved with the franchise utility companies (i.e. Natural Gas, Telecommunications, Cable Television, Electrical Power, etc.). The right is reserved by the City as is advantageous to the City, to reject any and all bids, award a contract based upon submitted bids, or to re-bid the contract and to waive any and all formalities. Bidder understands and agrees that the unit prices provided above shall be used for all additions and deletions from the accepted option. Bidder submits as guarantee that he will execute and issue the required contracts, bonds, insurance, and other required agreements and documents, as set forth under the contract, and general and special provisions of agreement, cashier's check or bid bond payable in full without conditions and upon demand to the City of Mesquite in the amount of: _______________________________________________________________($_________________), representing 5% of the Bidder’s total base bid price. Bidder understands and agrees that, should he fail to execute and issue the contract, bonds, insurance, other agreements, and other documents as set forth under the general and special provisions of agreement for that certain contract known as the SOUTHEAST PUMP STATION GENERATOR UPGRADE, CITY CONTRACT NO. 2022-099 the City will cash or demand payment under the bid bond for payment of agreed upon liquidated damages. Bidder understands and agrees that, for bidding purpose only, liquidated damages shall be 5% of the Bidder's bid proposal, and that upon execution of the Contract, liquidated damages shall be as stated in the General Provisions. Addenda Contractor acknowledges receipt and incorporation into the bid of addendums as listed below: Addendum No. 1 – Acknowledgement of Receipt: _______________ (initial) Addendum No. 2 – Acknowledgement of Receipt: _______________ (initial) Addendum No. 3 – Acknowledgement of Receipt: _______________ (initial) Addendum No. 4 – Acknowledgement of Receipt: _______________ (initial) Page 16 of 76 Proposal Approval: _________________________________ Company Name _________________________________ ___________________________________________ Signature: Printed Name: _________________________________ ___________________________________________ Title: Company Address _________________________________ ___________________________________________ Telephone City State Zip Code (If Bidder is a Corporation Seal Proposal with Corporate Seal) SEAL Page 17 of 76 DISADVANTAGED BUSINESS ENTERPRISE (DBE) INFORMATION Disadvantaged Business Enterprises (DBEs) are encouraged to participate in City of Mesquite’s bid. The Purchasing Office will provide additional clarification on specifications, assistance with Bid Proposal Forms and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City of Mesquite recognizes the certifications of both the State of Texas General Services Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact State of Texas HUB Program General Services Commission PO Box 13047 Austin, TX 78711-3047 512-463-5872 OR North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, TX 76011 817-640-0606 If your company is already certified, attach a copy of your certification to this form and return with your bid. __________________________________________________________________________________ FIRM NAME SUBMITTING THE BID ________________________________________ ________________________________________ REPRESENTATIVE TITLE OF AUTHORIZED REPRESENTATIVE ________________________________________ ________________________________________ ADDRESS CITY, STATE, ZIP ________________________________________ ________________________________________ TELEPHONE NUMBER FACSIMILE NUMBER Indicate all that apply: □ Minority-Owned Business Enterprise □ Women-Owned Business Enterprise □ Disadvantaged Business Enterprise Page 18 of 76 PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL House Bill 89, effective September 1, 2017, amended the Texas Government Code to add Chapter 2270, Prohibition on Contracts with Companies Boycotting Israel. Effective September 1, 2017, a state agency and a political subdivision (which includes a city) may not enter a contract with a company for goods or services unless the contract contains a written verification from the company that: (i) it does not Boycott Israel; and (ii) will not Boycott Israel during the term of the contract. “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for- profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. The term “Company” does not include sole proprietorship. I, ______________________________________, the ______________________________________ (Name of Certifying Official) (Title or Position of Certifying Official) of _______________________________________________________________________________, (Name of Company) does hereby verify on behalf of said company to the City of Mesquite that said company does not Boycott Israel and will not Boycott Israel during the term of this contract. Signature of Certifying Official Title Date of Certification Page 19 of 76 NON-COLLUSION STATEMENT The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid. Name of Company Address Phone Email Fax Bidder (Signature) Bidder (Print Name) Position with Company Signature of Company Official Authorizing This Bid Company Official (Printed Name) Official Position SUBSCRIBED AND SWORN TO BEFORE ME, this _______ day of _______________, 2022. __________________________________________ (Notary Public in and for the State of Texas) __________________________________________ (Printed Name of Notary) My commission expires _______________________ Page 20 of 76 CONTRACTING WITH THE CITY OF MESQUITE Updated: January 8, 2016 Conflict of Interest Questionnaire And Disclosure of Interested Parties (Form 1295) YOU WILL BE REQUIRED TO COMPLY WITH THE FOLLOWING: Chapter 176 of the Texas Local Government Code is an ethics law that was initially enacted by the Texas Legislature with HB 914 in 2005 that requires disclosure of employment and business relationships local government officers may have with contractors, consultants and vendors who conduct business with local government entities. The law applies to any written contract for the sale or purchase of real property, goods or services. Further information regarding Texas Conflict of Interest laws and the Conflict of Interest Questionnaire (Form CIQ) can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm PLEASE COMPLETE THE ATTACHED FORM CIQ AND SUBMIT WITH YOUR RESPONSE. Section 2252.908 of the Texas Government Code was enacted in 2015, by the Texas Legislature pursuant to HB 1295, which provides that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties law and Form 1295 can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/filinginfo/1295/ PLEASE DO NOT COMPLETE FORM 1295 UNTIL YOU HAVE BEEN NOTIFIED OF CONTRACT AWARD AND REQUESTED TO ELECTRONICALLY FILE FORM 1295 WITH THE TEXAS ETHICS COMMISSION. https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm https://www.ethics.state.tx.us/filinginfo/1295/ Page 21 of 76 CONFLICT OF INTEREST QUESTIONNAIRE Page 22 of 76 Page 23 of 76 BID BOND Bond No.: (by Surety) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THAT _________________________________________, of the City of ___________________, ____________________County, State of Texas (hereinafter referred to as “Principal”), and _________________________________, authorized under the laws of the State of Texas to act as Surety on bonds for principals (hereinafter referred to as “Surety”) are held and firmly bound unto the City of Mesquite (hereinafter referred to as “City”) in the penal sum of $______________________________ (an amount equal to 5% of the approximate total amount of the bid or if the bid is based upon alternates and/or addenda, at least 5% of the greatest amount bid by the bidder or Principal herein as evidenced in the Bid Proposal) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents; WHEREAS the Principal has submitted on or about this date, a bid proposal offering to perform the following: SOUTHEAST PUMP STATION GENERATOR UPGRADE, CITY CONTRACT NO. 2022- 099 in accordance with the specifications and terms and conditions related thereto, to which reference is hereby made; NOW, THEREFORE, the condition of this obligation is such that if the said Principal’s offer as stated in the bid proposal is accepted by the City, and the said Principal executes and returns to the City the number of original counterparts of the contract required by the City, on the forms provided by the City, for the materials, equipment and/or services described herein and also executes and returns the same number of Performance, Payment and Maintenance Bonds, if required, on the forms provided by the City, within the time provided in the specifications, then this obligation is null and void, otherwise, it is to remain in full force and effect; Page 24 of 76 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this _____ day of ________________________, 2022. PRINCIPAL: SURETY: Signature Signature Typed or Printed Name Typed or Printed Name Title: Title: Company: Company: Address: Address: SURETY'S DALLAS COUNTY REGISTERED AGENT FOR SERVICE (REQUIRED): Type or Printed Name Street Address (P.O. Box is not acceptable) City, State, and Zip Code Dallas County Telephone No. Page 25 of 76 BIDDER’S QUALIFICATION INFORMATION (APPARENT LOW BIDDER) 1. The apparent low bidder shall complete and deliver to the Engineering Division and City’s Consulting Engineer within 48-hours after the bid opening, the following Bidder’s Qualification Information documents: ❑ Qualification Statement of Bidder. If additional space is needed, please use attachments. ❑ Reference Statement of Bidder's Surety. ❑ Bidder's Release of Qualification Information. ❑ Bidder's List of Proposed Sub-contractors. ❑ Financial Statement Reviewed or Audited by an Independent Certified Public Accountant (CPA) in accordance with Generally Accepted Accounting Principles (GAAP), prepared in the last 12-months for the bidder’s company. ❑ Non-Exclusion Affidavit – System for Award Management (SAM). ❑ Certificate of Interested Parties (Form 1295) ❑ IRS W9 Form – a pdf version of this form can be downloaded from the IRS website. ❑ Secretary of State Filing Certificate. All nine (9) documents shall be delivered to the Engineering Division and City’s Consulting Engineer as a single, complete package. No one form or statement will be accepted individually. 2. If the 48-hours deadline falls on a weekend or holiday, Bidder shall deliver the eight (8) documents to the Engineering Division and City’s Consulting Engineer the next workday after the 48-hours. 3. If a project is a "joint venture", all partners in the joint venture shall complete the pre-qualification forms. 4. The low bidder shall be required to submit evidence that they have a practical knowledge and experience of the particular work bid upon and that they have the financial resources to complete the proposed work. 5. In determining the contractor's qualifications, the following factors will be considered: Work previously completed by the contractor; adequate plant and equipment to do the work properly and expeditiously; financial resources to meet all obligations incidental to the work; technical expertise and safety record. Page 26 of 76 QUALIFICATION STATEMENT OF BIDDER Engineering Division City of Mesquite 1515 N. Galloway Avenue Mesquite, Texas 75149 Bidder: Circle One: Sole Proprietor Partnership Corporation Joint Venture Name: Partner: Address: Address: City: City: Phone: Phone: Principal Place of Business: Principal Place of Business: County & State County & State If the Bidder is a corporation, fill out the following: State and County of Incorporation: Location of Principal Office: Contact Person(s) at Office: Phone: List Officers of the Corporation and person(s) authorized to execute Contracts on Behalf of the Corporation: Name: Title: Name: Title: Name: Title: Name: Title: How many years has your organization been in business as a General Contractor? Page 27 of 76 Greatest number of contracts in excess of $100,000 under construction at one time in company's history: Greatest number of contracts in excess of $500,000 under construction at one time in company's history: Total approximate value of incomplete work outstanding: $ List major projects of the type of work qualifying for or similar work completed in the last three years, give the following information for each project: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Page 28 of 76 Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: Project: Owner/Engineer: Contact Person: Phone: Date of Completion: Contract Price: (If Necessary - List Additional Projects by Using Attachments) Page 29 of 76 List incomplete projects, including the following information for each incomplete project listed: Project: Owner/Engineer: Contact Person: Phone: Value of Incomplete Work: Project: Owner/Engineer: Contact Person: Phone: Value of Incomplete Work: Project: Owner/Engineer: Contact Person: Phone: Value of Incomplete Work: Project: Owner/Engineer: Contact Person: Phone: Value of Incomplete Work: Project: Owner/Engineer: Contact Person: Phone: Value of Incomplete Work: (If Necessary - List Additional Projects by Using Attachments) Page 30 of 76 If company is under new management, please list names of staff and qualification and/or experience of said persons. (Please use attachments). Have you or any present partner(s) or officer(s) failed to complete a contract? If so, name of owner and/or surety: Contact Person: Phone: List any unsatisfied demands upon you as to your accounts payable, please use attachments. Bank Reference: Bank: City: Address: Phone: Contact Officer: Other Credit References: Name: Name: Address: Address: City: City: Phone: Phone: Municipal Reference: City: Contact Person: Title: Address: Phone: Page 31 of 76 REFERENCE STATEMENT OF BIDDER'S SURETY Bidder: Address: 1. For this Bidder, how many contracts that are now complete has this surety furnished contract bonds? 2. For this Bidder, how many incomplete contracts has this surety furnished contract bonds? 3. What is the maximum bonding capacity of this Bidder? $ 4. Does the current financial information on this Bidder indicate solvency and a financial ability to complete this contract? 5. Does the information available to this surety indicate that the contractor pays accounts when due? If not, give details: 6. Is it the surety's opinion that the bidder has sufficient experience and financial resources to satisfactorily perform the contract? 7. Provided this bidder does not assume other commitments or that this surety does not acquire further information that in your opinion will materially affect the bidder's capacity to perform this contract, will you furnish the bonds as specified: REMARKS: Surety: Signed: Title: Address: (Local office in Dallas County) City State Zip Phone: Page 32 of 76 BIDDER'S RELEASE OF QUALIFICATION INFORMATION Pursuant to advertisement for bids and in conformance with Instructions to Bidders for types of work outlined in Bidder's Statement of Qualifications, the undersigned is submitting information as required with the understanding that the purpose is for the City's confidential use, only to assist in determining the qualifications of Bidder's organization to perform the type and magnitude of work designated, and further, Bidder guarantees the truth and accuracy of all statements made, and will accept the City's determination of qualifications without prejudice. The surety herein named, any other bonding company(s), bank(s), subcontractor(s), supplier(s), or any other person(s), firm(s) or corporation(s) with whom Bidder has done business, or who have extended any credit to Bidder is (are) hereby authorized to furnish the City with any information the City may request concerning performance on previous work and Bidder's credit standing with any of them; and Bidder hereby releases any and all such parties from any legal responsibility whatsoever on account of having furnished such information to the City: Signed: Title: Printed Name: Email: Bidder: Date: LOCATION OF LOCAL UNDERWRITING OFFICE OF PROPOSED SURETY (MUST BE IN DALLAS COUNTY) Name: Phone: Printed Name: Email: Address: City: State: Page 33 of 76 BIDDER'S LIST OF PROPOSED SUB-CONTRACTORS 1. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 2. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 3. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 4. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 5. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: Page 34 of 76 6. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 7. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 8. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 9. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: 10. Sub-Contractor / Material Supplier: Company Name: Type of Work to Be Performed: Contact Person: Title: Email: Phone: Page 35 of 76 NON-EXCLUSION AFFIDAVIT - SYSTEM FOR AWARD MANAGEMENT (SAM) Federal, state, and local government agencies, not-profits, and other organizations that use federal money to fund all or part of any program or project are required to follow specific requirements regarding the use of such federal funds. One of these requirements is that no contract, subcontract, grant, financial assistance, or other forms of assistance provided using federal funds may be awarded to individuals or entities that have been suspended, debarred, or otherwise excluded from participation in federally funded programs. The U.S. federal government maintains a Web site known as the “System for Award Management” (SAM) at www.sam.gov. One of the purposes of the SAM Web site is to provide a comprehensive list of all individuals, firms, and other entities that have been suspended, debarred, or otherwise excluded from participation in federally funded contracts, subcontracts, grants, etc. SAM provides a simple means of helping government, non-profit agencies, and other organizations ensure that they do not award federally-funded grants, contracts, subcontracts, or other financial or non-financial benefits to any individual, firm, or other entity that has been excluded by any agency from participation in such federally funded activities. I, _ (Contractor Representative), hereby certify that neither I nor (Name of the company or organization I represent) nor any subcontractors that I or said company may employ to work on any federally funded activity have been suspended, debarred, or otherwise excluded by any federal agency from participation in any federally funded activity. I further acknowledge my understanding that, before entering into a contract with me or with the company or organization I represent, City of Mesquite staff will perform a search on www.sam.gov to verify whether I, the organization I represent, or any subcontractors I may employ to work on any federally funded activity, have been excluded from participation in any federally funded activity. Signature of Contractor Representative Date Notary Sworn to and subscribed before me this day of , 2022 Notary Public in and for ____________ County, _____________ (Insert State Name). http://www.sam.gov/ http://www.sam.gov/ Page 36 of 76 CERTIFICATE OF INTERESTED PARTIES – FORM 1295 Page 37 of 76 CONTRACT AND BOND FORMS NOTICE TO BIDDERS The following blank spaces in the contract and bonds are not to be filled in by the Bidder at the time of submitting his proposal. The contract and bond forms are submitted at this time to familiarize the Bidder with the form of contract and bonds that the successful Bidder will be required to execute. Page 38 of 76 CONTRACT CHECKLIST City contracts must be checked to ensure they are ready for review and signature. CHECK CONTRACT ITEM: Are all blanks filled in, except for the signatures of the Mayor (or City Manager), City Secretary and City Attorney? The date the Contract is “made and entered into” should be the meeting date the bid was awarded by City Council (for contracts over $50,000), or the date of City Manager approval (for contracts under $50,000). Is the date of the contract correct? units x unit price = amount individual amounts = total base bid total bid = amount awarded by Council Company name is consistent throughout all contractual documents If the contractor is a corporation, the President or Vice-President of the corporation should sign the Contract. The Secretary of the corporation must then attest the signature and seal the Contract unless the contract form used provides for an acknowledgment by a notary. Contract total matches the awarded amount by Council Signed by authorized person for the company Printed name matches signed name The name of the person signing the Contract on behalf of the contractor and the City must be typed on the appropriate lines as well as their respective titles. If the Contract is revised by the striking-out or inserting of new language, both parties should initial the change. PERFORMANCE AND PAYMENT BONDS Performance Bond = 100% of Contract Amount (City Form) Includes a 2-year warranty period after City Acceptance for materials and workmanship. Check that the company name is identical to name listed in contract Check for same contract date (reference in top paragraphs) The name of the surety on the bond must appear the same on each page of the bond. Check for issuance date (date of contract or after) Check for same signature & title throughout bond. Check for typed name and title of the person signing bond and for legible signature. Check for agent in Dallas County. The items listed as work to be done must exactly match the improvements listed on the Contract. The surety’s seal (which is the seal of the bond company) must appear under the surety’s signature (not a notary’s seal). All corporate sureties have seals. The seal may be a legible facsimile seal, unless the instrument states otherwise. Payment Bond = 100% of contract amount (City form) Check that the company name is identical to name listed in contract Check for same contract date (reference in top paragraphs) The name of the surety on the bond must appear the same on each page of the bond. Check for issuance date (date of contract or after) Check for same signature & title throughout bond Check for typed name and title of the person signing bond and for legible signature. Check for agent in Dallas County The items listed as work to be done must exactly match the improvements listed on the Contract. Page 39 of 76 CHECK CONTRACT ITEM: The surety’s seal (which is the seal of the bond company) must appear under the surety’s signature (not a notary’s seal). All corporate sureties have seals. The seal may be a legible facsimile seal, unless the instrument states otherwise. INSURANCE-GENERAL Certificate of Insurance (ACORD form) Certificate of Insurance Supplemental Form Check that the company name is identical to name listed in contract Check the expiration date on policy to ensure it is current. Check for City of Mesquite listed as additional insured under General and Auto Liability Policies. Check for a waiver of subrogation in favor of the City of Mesquite under General and workers Compensation/Employers Liability. Workers Compensation $100,000 per occurrence INSURANCE-CONSTRUCTION Commercial Liability $500,000 per person/$1,000,000 per occurrence Contractual Liability property damage $500,000 per occurrence with general aggregate of $1,000,000 Automobile combined single limit $500,000 OTHER Filled out Certificate of Interested Parties - Form 1295 Fill out and Submit Conflict of Interest Questionnaire (CIQ) IRS W9 Form Submitted for Setting Up Vendor Account and Processing Payment Checked by: Date: Page 40 of 76 SUPPLEMENT TO ACORD 25 Page 41 of 76 CONTRACT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS CONTRACT is made and entered into on _______________, 2022 by and between the CITY OF MESQUITE, TEXAS, a municipal corporation, of the County of Dallas and State of Texas, acting through Cliff Keheley, City Manager, hereinafter termed the CITY, and ENTITY NAME, a What Type of Legal Entity, with offices located at Full Street Address, City, State Zip Code, hereinafter termed the CONTRACTOR. WITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: I. DESCRIPTION OF WORK The CONTRACTOR shall perform all of the work as specified in the contract documents such work generally described as: SOUTHEAST PUMP STATION GENERATOR UPGRADE, CITY CONTRACT NO. 2022-099 Plans and Specifications prepared by: FREMAN-MILLICAN, INC. All work shall be performed at the CONTRACTOR’S own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, bonds and other accessories and services necessary to complete the work, in accordance with the Contract documents. II. CONTRACT DOCUMENTS The Contract documents shall consist of the following: 1. this Contract; 2. all addenda issued prior to award of Contract; 3. the bid specifications including the advertisement for bid, instruction to bidders, bidder's bid form, plans, and drawings (if any); 4. the City of Mesquite General Design Standards; 5. the Standard Specifications for Public Works Construction (North Central Texas Fifth Edition November 2017), Division 100, as amended and supplemented by the City of Mesquite by Addendum (hereinafter referred to as the "General Provisions”); 6. a Performance Bond in the sum of ONE HUNDRED PERCENT (100%) of the total Contract price, which Bond shall be in a form acceptable to the City, shall guarantee the work in accordance with the plans and specifications for a period of one (1) year after acceptance by the City, and shall provide for repair or replacement of all defects due to faulty material and/or workmanship that appear within a period of one (1) years from the date of Page 42 of 76 acceptance by the City; 7. A Payment Bond in the sum of ONE HUNDRED PERCENT (100%) of the total Contract price; and 8. the Contractor’s bid/proposal and any other documents identified as pertaining to this Contract, all of which have been identified by the CITY and the CONTRACTOR. These Contract documents constitute the entire agreement between the CITY and CONTRACTOR, and all are fully incorporated herein. The Contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the Contract documents, the inconsistency shall be resolved by giving precedence to the Contract documents in the order in which they are listed above. The Contract may be altered, amended or modified only as provided in the general or special provisions. These Contract Documents supersede all oral or written previous contemporaneous agreements between the parties relating to matter sin this Contract. III. TIME OF COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES The work to be performed under this Contract shall be commenced by the CONTRACTOR upon final execution of this Contract and notice from the CITY to proceed. All work to be performed under this Contract shall be substantially completed within 450 calendar days of the date of commencement of the work, subject to extensions of time provided in accordance with the Contract documents. Time is of the essence in this Contract and it is understood by the CONTRACTOR and CITY that actual damages caused by the failure of the CONTRACTOR to complete the work within the stated time are impractical or extremely difficult to fix or ascertain, and that per diem deduction from the Contract price shall be retained by the CITY as payment by the CONTRACTOR of liquidated damages, and not as penalty for such failure. Such liquidated damages to be assessed and retained are set forth in the General Provisions. IV. CONTRACT PRICE The CITY shall pay the CONTRACTOR for the performance of the work, subject to additions and deductions by change order or as otherwise provided in the provisions of this Contract, in current funds the Contract sum, which has been bid as a separated contract in compliance with the Texas Tax Code, as follows: Total sum: INSERT CONTRACT AMOUNT IN WORDS ($INSERT IN NUMBERS) V. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the CITY by Engineering Division, Public Works Department (referred to herein as “City Representative”) and the CONTRACTOR shall fully comply with any and all instructions from said City Representative. With execution and delivery of the Contract, the CONTRACTOR shall furnish and file with the CITY in the amounts herein required, performance and payment bonds in accordance with the provisions of V.T.C.A. Government Code, Chapter 2253 if this is a public work contract in excess of fifty thousand dollars ($50,000.00). VI. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE Page 43 of 76 The CONTRACTOR is required to follow all provisions of Chapter 2258 of the Texas Government Code in the hiring and payment of all skilled and unskilled labor used on this contract. The CONTRACTOR must pay the prevailing wage rates as shown on the attached Wage Decision. VII. DISCLOSURE OF CONFLICTS OF INTEREST AND COMPLIANCE WITH OTHER APPLICABLE LAWS The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect the CONTRACTOR or the services and/or items to be provided, specifically and not limited to any ethics laws. In particular, the CONTRACTOR is put on notice that the CITY will require the CONTRACTOR to comply with Chapter 176 of the Texas Local Government Code by completing the attached Conflict of Interest questionnaire (FORM CIQ) and returning the completed FORM CIQ to the CITY. Additionally, CONTRACTOR must comply with Section 2252.908 of the Texas Government Code, which was enacted in 2015 by the Texas Legislature pursuant to HB 1295, providing that a governmental entity may not enter into certain contracts with a business entity on or after January 1, 2016, unless the business entity submits a disclosure of interested parties (FORM 1295) to the governmental entity at the time the business entity submits the signed contract to the governmental entity. Further information regarding the disclosure of interested parties law and instructions on filing FORM 1295 can be found at the Texas Ethics Commission web site at the following web address: https://www.ethics.state.tx.us/filinginfo/1295/ VIII. INSURANCE The CONTRACTOR agrees to provide and to maintain the types and amounts of insurance set forth in the General Provisions and to include the CITY as an additional insured in all policies providing coverage for the term of this Contract. IX. CHOICE OF LAW, VENUE AND CONTRACT INTEPRETATION The obligations of the Parties to this Contract shall be performable in Dallas County, Texas, and if legal action is necessary in connection with or to enforce rights under this Contract, exclusive venue shall lie in Dallas County, Texas This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas, without regard to conflict of law or law principles of Texas or any other State. Although this Contract is drafted by the CITY, should any part be in dispute, the parties agree this Contract shall not be construed more favorably for either Party. X. SEVERABILITY If any part of this Contract shall be stricken for any reason whatsoever or found to be invalid or unenforceable, that part will be severed and the remainder of this Contract will continue in full force and effect. XI. SURVIVAL https://www.ethics.state.tx.us/filinginfo/1295/ Page 44 of 76 Any liabilities or obligations of a Party for acts or omissions prior to the cancellation or termination of this Contract, and any other provisions of this Contract which, by their terms, are contemplated to survive (or to be performed after) termination of this Contract, shall survive cancellation or termination thereof. XII. MISCELLANEOUS Pursuant to Section 2271.002, Texas Government Code, CONTRACTOR hereby (i) represents that it does not boycott Israel, and (ii) subject to or as otherwise required by applicable federal law, including without limitation 50 U.S.C. Section 4607, agrees it will not boycott Israel during the term of the Agreement. As used in the immediately preceding sentence, “boycott Israel” shall have the meaning given such term in Section 2271.001, Texas Government Code. CONTRACTOR further represents that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under Section 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a foreign terrorist organization. As used in the immediately preceding sentence, “foreign terrorist organization” shall have the meaning given such term in Section 2252.151, Texas Government Code. Pursuant to Texas Government Code Chapter 2274, unless otherwise exempt, if CONTRACTOR employs at least ten (10) fulltime employees and this Contract has a value of at least $100,000 that is paid wholly or partly from public funds of the governmental entity, CONTRACTOR represents that: (i) the CONTRACTOR does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (ii) the CONTRACTOR will not discriminate during the term of the contract against a firearm entity or firearm trade association. Pursuant to Texas Government Code Chapter 2274, unless otherwise exempt, if the CONTRACTOR is a company with at least ten (10) or more full-time employees and has value of at least $100,000 or more that is paid wholly or partly from public funds of the governmental entity, the CONTRACTOR represents that: (i) the CONTRACTOR does not boycott energy companies; and (ii) will not boycott energy companies during the term of the Contract. XIII. AUTHORITY TO SIGN The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Contract on behalf of the parties hereto. IN WITNESS WHEREOF, the CITY and CONTRACTOR have executed this Contract in the year and day first written above. Page 45 of 76 CITY OF MESQUITE (CITY) (CONTRACTOR) By: BY: Cliff Keheley (signature) City Manager TYPED NAME: TITLE: ATTEST: ATTEST: By: Sonja Land, City Secretary APPROVED AS TO FORM: By: City Attorney or Designee Page 46 of 76 WAGE RATE General Decision Number: TX20220025 01/07/2022 Superseded General Decision Number: TX20210025 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) $ 14.12 Page 47 of 76 ELECTRICIAN $ 19.80 FORM BUILDER/FORM SETTER Paving & Curb $ 13.16 Structures $ 13.84 LABORER Asphalt Raker $ 12.69 Flagger $ 10.06 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Pipelayer $ 13.24 Work Zone Barricade Servicer $ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor $ 15.32 Asphalt Paving Machine $ 13.99 Broom or Sweeper $ 11.74 Concrete Pavement Finishing Machine $ 16.05 Concrete Saw $ 14.48 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom over 80 Tons $ 20.52 Crane, Hydraulic 80 Tons or Less $ 18.12 Crawler Tractor $ 14.07 Excavator, 50,000 pounds or less $ 17.19 Excavator, over 50,000 pounds $ 16.99 Foundation Drill, Truck Mounted $ 21.07 Foundation Drill, Crawler Mounted $ 17.99 Front End Loader 3 CY or Less $ 13.69 Front End Loader, over 3 CY $ 14.72 Loader/Backhoe $ 15.18 Mechanic $ 17.68 Milling Machine $ 14.32 Motor Grader, Fine Grade $ 17.19 Motor Grader, Rough $ 16.02 Pavement Marking Machine $ 13.63 Reclaimer/Pulverizer $ 11.01 Roller, Asphalt $ 13.08 Roller, Other $ 11.51 Scraper. $ 12.96 Small Slipform Machine $ 15.96 Spreader Box $ 14.73 Servicer $ 14.58 Steel Worker (Reinforcing) $ 16.18 TRUCK DRIVER Lowboy-Float $ 16.24 Off Road Hauler $ 12.25 Single Axle $ 12.31 Single or Tandem Axle Dump Truck. $ 12.62 Tandem Axle Tractor with Semi Trailer $ 12.86 Transit-Mix $ 14.14 Page 48 of 76 WELDER $14.84 ------------------------------------------------------------------------------------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. =============================================================================== Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ------------------------------------------------------------------------------------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in Page 49 of 76 producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ------------------------------------------------------------------------------------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Division National Office Branch of Wage Surveys. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Page 50 of 76 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. =============================================================================== END OF GENERAL DECISION