CF-Village-BD 881213~-S~BN!$S!JN DEADLINE: 5:0~ ,.m. ~o~day - 8 Days. Preceding ~-'y Council Heeting ;e,:.: ~ffective 1/20/88 ~ ~ ---
AG~A REQ~ST ~
~R CI~ CO~CIL ~IN~: Oece~e~ 13, 1988
I. REF/FILE ~ : Village Parkway Pump Station
II. ITE~ C~TION : Discussion and consideration of awarding or rejecting
bids for the Villaqe Parkway Pump Station and authoriTing the Mavor to execute
necessary contracts.
ACTION RECONNENDED :
IV. REP. IN ATTENDANCE A: ST~ - Russel.l Doyle, P,E.
B: ollt~l[- Ginn, Inc. - H. Wayne Ginn, P.E.,
Sanford Case,-P.E.
V. NOTIFICATIOS TO : N/A
NETHOD OF CONTACT :
DATE :
SO.CE OF
co's oR ~s ~s ~ter Revenue B0~ds ."
(Series or year authorize) : '-19~ -.
.... . . ·. . - .'.~
..... .....-.. ..... ~ .............. ~,.~ ......... ~.~.:~. ,.~ ~ .
MEMORANDUM
DATE: December 9, 1988
TO: Mayor and City Council
VIA: Alan D. Ratliff, City Manager
FROM: Russell Doyl ty Engineer
SUBJECT: Village Parkway Pump Station
Staff recommends awarding the Village Parkway Pump Station
contract to the second lowest bidder, Cajun Contractor's,
Inc.
As prescribed in this packet,Athere are a number of technical
errors and lack of information, i.e., the financial statement
and experience record, that precludes a positive recommendation
o the lowest responsible bidder. As I understand, the City
ouncil in its consideration can waive all of these
/ requirements and if they deem it necessary, can award the
contract to the lowest responsible bidder.
If that would be the case, all of the required documents,
e.g. bid bond, etc. are in order to award to the lowest
responsible bidder, execute the contract, and complete the
project.
F~5~. ~-~L,(_,..F~ 1""0 .~""T-~'~'-'~
GINN, INC. CONST'LTING ENGINEERS
December 5, 1988
Mr. Russell Doyle, P.E., City Engineer
City of Coppell
P.O. Box 478 -F~!~ 13-~/~i 13 -~0
Coppell, Texas 75019 ~ C~"~ ¢~- [~> f ~' '<
Re: Village Parkway Pump Station~_ ~ ~ ~ ~
......................... ~ %~.~ ~3 ~1'%- ~'
Dear Mr Do le- .~ ~5 ~Zoa~':'-¢'-' ~~ -
1, 1988 aC 10:00 A.X. ~n ~--''~'/he Co~ell ?o~n Cen~e~. S~x (6)
submitted proposals as general contractors. They are listed a~i~ .
follows: ~ ~ ~ ~fL~+~5 ~ I~~%~;%~
C.D. Hende-rs~n,~" ~.;,~,1~ ~i~ $1,986,100 *
Cajun Contractors, Inc. ~~ ~-~ $2 157 000
BAR Constructors, Inc. ~-T~}~ ~~, $2,188,682
Red River Construction Company, Inc. $2,211,000
~/Wallace Constructors, Inc. $2,259,000
Craig, Sheffield, & Austin, Inc. $2,280,000
· The proposal submitted by C.D. Henderson, Inc. contains six
irregularities from the retirements of the Specifications
(ref. letter to R. Doyle dated 11/7/88).
We have completed our review of the proposals received and wish
to offer the following facts for your consideration:
1. The apparent low bidder, C.D. Henderson, Inc. has not
submitted any evidence that they are now, or have ever been
involved in pump station, water plant, or wastewater plant
construction of the type re~ired for this project. All
other bidders have experience in these areas.
2. C.D. Henderson, Inc. has declined to submit financial
statements for review (see attached letter dated 11/2/88
from C.D. Henderson). All other bidders submitted financial
statements for review.
17103 Preston Road · Suite 100 · LB 118 · Dallas. Texas 75248 · Phone 214/248-4900
3. C.D. Henderson proposes to subcontract out approximately 76%
of the total project. Their major subcontractor (±49% of
total) was proposed to be Southern Mechanical Plumbing, Inc.
for the utility and mechanical portion of the project. This
subcontractor was unable to submit evidence of previous
experience on projects of similar complexity or scope. In
accordance with the Specifications, we requested that the
proposed subcontractor be replaced. C.D. Henderson, Inc.
submitted a substitution for the utility portion of the
project but requested an additional $142,655.00 (see
attached letter dated 12/1/88). The Specifications state
that the substitution must be made without an increase in
Bid price. The wording of their substitution letter is
unclear as to their intentions to offer a replacement for
the mechanical work on the project as requested.
4. The second lowest bidder, Cajun Contractors, Inc. has filed
a formal protest of consideration of the C.D. Henderson,
Inc. proposal due to irregularities (see attached). The
Cajun Contractors, Inc. proposal does conform to the
Specifications. Cajun proposes to subcontract out
approximately 38% of the project and has submitted
experience records on similar projects.
In our opinion, the City Council has three (3) options for the
consideration of these proposals:
1. Waive informalities and consider award of the project to
C.D. Henderson, Inc. in.the amount of $1,986,100.00 plus
assignment of the pump~nd motors. If this option is
chosen, we recommend that the City Council interview a
representative of C.D. Henderson, Inc. to determine if they
intend~ supply an acceptable mechanical and utility
subcontractor for the original bid price.
2. Reject the proposal of C.D. Henderson, Inc. and consider
award of a contract to Cajun Contractors, Inc. in the amount
of $2,157,000.00 plus assignment of the pumps and motors.
~0~~0~0 Prior to pursuing this option, C.D. Henderson, Inc. should
· be given an opportunity to present their case for why they
should be awarded the contract.
3. Reject all proposals received from general contractors on
the project and re-advertise for Bids. If the City Council
chooses to pursue this option, we recommend that the City
issue a purchase order for the Pumps and Motors and assign
them to the Successful Contractor at a latter date.
We have prepared the agenda request items to allow consideration
of the above items. Estimates of probable project budgets for
the two lowest bidders are also included for your review. We
will be available at the December 13, 1988 Council meeting to
discuss these items. Please feel free to contact us if you have
any questions.
Sincerely,
attachments
SWC/HWG
cc: Alan Ratliff Sanford Case, P.E.
Frank Trando File 380
Steve Goram
(;INN, IN(i. (;()N."4111,TIN¢; I.;N¢;INEEIlS
November 7, 1988
Mr. Russell l~oyle, P.E., City Engineer
City of Coppell
Post Office Box 478
Coppell,' Texas 75019
?
Re: Village Parkway Pump Station
Dear Mr. Doyle:
Bids were received on the above referenced project at 10:00 A.M. on Tuesday,
November I, 1988 in the Coppell Town Center. Six general contractors
submitted proposals. The preliminary summary is as follows:
C.D. llenderson, Inc.
Garland, TX $1,986,100
Cajun Contractors, Inc.
Dallas, TX $2,157,000
BAR Constructors, Inc.
Lancaster, TX $2,188,682
Red River Construction Company, Inc.
Farmers Branch,TX $2,2 i 1,000
MMR/Wallace Constructors, Inc.
Dallas, TX $2,259,000
Craig, Sheft'ield, & Austin, Inc. '
Grand Prairie, TX $2,280,000
At this time, we are attempting to evaluate the two lowest bids before
submitting them for Council consideration. Several discrepancies and possible
non-conformities have been noted in the proposal from the low bidder. They
are listed as follows:
1) Both copies of the proposals were submitted in pencil. Section 00100
(I.6, A) of the Contract Specifications requires that all bids be in ink
or typewritten.
2) The low bidder'.~ work experience submitted for review with the bids does
not indicate any history of pump station, water plant, or wastewater
plant construction. Section 00100 (I.4, B) requires that a bidder show
they are experienced and have been regularly involved in the type of
construction required for this project.
17103 I'rc-,!otl R,~;,.I · .'quilt 100 · I.B liN, · I)all.'t,..'l'cx:,,; 75_'2.-18 · Phone 21-1/2-l~-491)0
3) Section 00400 of the Specifications required all bidders to submit
financial statements. The Iow bidder declined to sub,nit financial
statements with his bid and again when requested after bids were received
on the basis of confidentiality and the Texas Open Records Act (see
attached letter from C.D. Henderson dated 11/2/88).
4) Bidders were required to furnish a certified list of subcontractors
proposed for the project including the estimated dollar amount of work
involved for each (Ref. Section 00430). The low bidder failed to list
the dollar amount for a major sub-contractor.
5) Each bidder was required to submit a Summary Breakdown of Estimated Costs
for the Project (Section 00470 -A) with the bids. Tile Specifications
state that the total on the summary breakdown must match the lump sum
total on the proposal form. The Iow bidder's totals do not match by $11.
6) Each bidder was required to submit a detailed Breakdown of Estimated
Costs for the Project (Section 00470) within 24 hours of the bid time.
It is stated on the forms and in Addendum #4 that the totals by Division
must match the Summary submitted with the bids and the total on the
Proposal form. The Iow bidder's totals do not match by Division or agree
in total with either the Proposal form or Summary Breakdown by
approximately 31,000.
We have received a letter from the second lowest bidder indicating their
desire to protest consideration of the C.D. Ilenderson, Inc. proposal due to
irregularities. We are continuing our investigation and hope to clarify some
of the questions prior to the next regularly scheduled Council meeting.
Proposals were also received from two pump companies for furnishing the pumps
and motors for this project. Each manufacturer bid several alternate motors
(7 combinations in ail) and we are currently evaluating the proposals to
determine which ones are in compliance with the specifications. We will
forward a summary on the pump proposals as soon as we have evaluated the units
for compliance with the specifications, efficiency, and noise ratings. For
your general information, the pump proposals ranged from $117,399 to $247,946.
We plan to meet with the two lowest bidders early this week to discuss the
project and their proposals. We are also evaluating sub-contractors proposed
for use by each general contractor.
We will advise you of our findings as soon as possible. If you have any
questions, please feel free to contact us.
Sincerely,
attachments
cc: Alan Ratliff Frank Trando
Steve Goram H. Wayne Ginn, P.E.
Larry Jackson File 380
~ C. D. HENDERSON
~-~ .'~' INCORPORATED
:'.ii.'.? :." '272-5466
1917 COPPER ST.
GARLAND. TEXAS?5042 ~[---~ (~ [-~ O~['-~NOV -- 2 19~ ~'~
November 2, 1988
City of Coppell, Texas
% Ginn, Inc. Consulting Engineers
17103 Preston Road, Suite 100
Dallas, Texas
RE: Village Parkway Pump Station
Disclosure of Financial Statement
Gentlemen:
Please accept this letter as explanation of our concern regarding dis-
closure of our financial statement.
C. D. Henderson Incorporated is one hundred percent privately owned by
Charles D. Henderson, and we feel that our financial statements are
confidential.
Should we furnish those statements to the City of Coppell, a public
entity, then under the Open Records Act of the State of Texas, our
financial statements become available to our competitors or to whomever
else would care to request copies of ~uch.
This would not seem to be a prudent business decision on my part and hope-
fully, you and your board will understand my position.
We have. had audited financial statements done on our firm for over eight
years, 'and the current audited statement has been prepared through our
fiscal years end, November 30,.-1987. These financial statements will be
made available on a confidential basis, for your review or your chosen
representative's review, at our office in Garland, Texas.
Should you care to further check on our financial responsibility, you may
check with the following people as references:
City of Coppell
% Ginn, Inc. Consulting Engineers
November 2, 1988
Page -2-
Mr. John Haubrick, ¥.P. 270-6701
MBank Centerville, Garland, Texas
Mr. Richard Daiker, Bonding Agent 681-1421
Keystone General Insurance Agency, Mesquite, Texas
Mr. William Cottrell, C.P.A. 501-663-1140
Little Rock, Arkansas
I hope this information will suffice and that you can understand our
position on this issue. As I stated previously, the information is
available for your review should you care to do so.
If I can be of any further help or assistance in this situation, please
let me know.
Sincerely,
C. D. HENDERSON~ INC.
C. D. Henderson
President
CDH/dh
November 18, 1988
Mr. Mel Michael
C.D. Henderson, Inc.
1917 Copper
Garland, Texas 75042
Re: Village Parkway Pump Station
City of Coppell, Texas
Dear Mr. Michael:
We have reviewed the additional experience record ~ubmitted for
your proposed mechanical and utility subcontractor, Southern
Mechanical Plumbing, Inc. The information submitted still does
not indicate experience in projects of similar magnitude or
scope.
Therefore, in accordance with Section 00100, Paragraph 1.13 (A)
of the Specifications, we request that you submit qualifications
for another mechanical and utility subcontractor for
consideration on this project on or before December 1, 1988.
Sincerely,
Santo a case,
Project Manager
Certified Mail # P 833 797 772
Return Receipt Requested
cc: Russell Doyle, P.E. Alan Ratliff Steve Goram Larry Jackson
Frank Trando H. Wayne Ginn, P.E.
File 380
17103 15'cst,,n I(,,:*d ® Suilc Il)il · I.It IIX $ l);dl.'ls.'l','x:is 7.s2,1X · I'h~,~c 214/2,1X-.1~)00
CANTERBURY, STUBER, ELDER & GOOCH
AT'rORNEYS AND COUNSELORS
· ND~W ~RAMNIC K
~v~r 7, 1988 ~"
Mr. Alan D. Ratliff CERTIFIED MALL,
City Manager REX~RN I~CEIP~ ~~
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: Bid Protest - Village Parkway Pump Statio~ Request for
Proposal No. 0030
Dear Mr. Ratliff:
Please be advised that this firm represents Cajun Contractors,
I~. ("Cajun") in all matters related to the above-referenced project.
In that regard, Cajun has requested that we file this formal notice of
Bid Protest on their behalf.
As you may know, bids for this project were received by the City
on November 2, 1988 and Cajun was designated as the secor~ low bidder.
The apparent first low bidder was C.D. Henderson, Inc. However,
because of the improprieties in Henderson's proposal which are listed
below, it is Cajun's position that Henderson's bid should not be
considered for contract award. The irregularities in Henderson's
proposal are as follows:
1. The Bid Proposal was completed in pencil. However, the
project specifications require that "bid proposals must be
completed in ink or by typewriter." See Division O, Section
· 0100, Part 1.6(a).
2. Financial Statements for C.D. Henderson, Inc. were not
attached to its bid proposal. However, the project
specifications clearly require that a Financial Statement be
attached to all bids. See Division O, Section 00040, Part
1.2.
3. Henderson's bid proposal did not include Page 00040-4. This
page identifies the list of equipment owned by the bidder
that is available for use on the project and also designates
the portions of the work which the bidder proposes to
subcontract. This information was required by Division O,
Section 0040, Part 3.3 of the Project Specifications.
· (~.~I~.TEI~BUllY, STU~EI~, ]~DEI~ ~ GOOCH
^T~0~£¥$ ^~ COU~S~-~O~S
Mr. Alan ~tliff
Page Two
November 7, 1988
4. When added together, the total of eosts for each division of
work as set forth in Henderson's Su~uary Breakdown of
Estimated Costs (Page 00470A-1) and in its Breakdown of
Estimated Costs (Page 00470-1) do not equal Henderson's total
bid amount. The Project Specifications clearly require;
however, that "all totals by. Division must agree with the
sunmary breakdown of estimated costs which is to be submitted
with each proposal.' See Addendum No. 4, Page 2.
Based on my telephone conversation with Deputy City Manager Trando
last Friday, it is my understanding that all bidders are scheduled to
receive notice of the date that the contract award will be considered
by the City Council. It is al .sp my further understanding that the
earliest date that this issue may be considered is at the City
Council's regularly scheduled meeting on December 13, 1988.
Accordingly, Cajun requests that its bid protest be scheduled on the
agenda for the City Council meeting during which the award of a
contract for the Village Parkway Pump Station Project will be
considered and that Cajun receive reasonable notice of this meetirg.
Please note that by carbon copy of this letter to Mr. Wayne Ginn, Cajun
Contractors, Ir~. is also formally notifyirg Ginn, Inc., the Project
Architect, of its Bid Protest.
Thank you for your attention to this matter. Please do not
hesitate to contact me if you have any questions.
Very truly yours,
Andrew Bramnick
AB; trp
cc: CERTIFIED MAIL
Mr. Wayne Ginn
Ginn, Inc.
17103 Preston Road, Suite 100
Dallas, Texas 75248
Michael G. Daigre
Mr. Ned Durbin
Cajun Contractors, Inc.
P.O. Box 540487
Dallas, Texas 75354-0487
VILLAGE PARKWAY PUMP STATION
ESTIMATE OF PROBABLE PROJECT BUDGET
C.D. Henderson Cajun
General Contractor $1,986,100.00 $2,157,000.00
Pumps & Motors 179,772.00 179,772.00
$2,165,872.00 $2,336,772.00
Engineering (6.85%) 148,362.23 (6.8%) 158,900.50
Inspection & Testing (3%) 64,976.16 70,103.16
Survey & Geotechnical 6,790.88 6,790.88
ROW/Spec. Services 3,308.75 3,308.75
Sandy Lake Rd. Expend. 40,763.03 40,763.03
Dual Service HV Power 65,000.00 65,000.00
$2,495,073.05 $2,681,638.32
Contengencies (±5%) 124,926.95 134,361.68
Landscaping 25,000.00 25,000.00
Estimated Proj. Cost $2,645,000.00 $2,841,000.00
Less Bond Issue (2,500.000.00) (2,500,000.00)
Est. Deficit (Surplus) $ 145,000.00 $ 341,000.00
Note: Actual Project Costs May Vary Above or Below Estimates.
Ginn, Inc.
11/29/88
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-2
Complete sets of Bidding Documents shall be used in
preparing Bids; neither Owner nor Engineer assume any
responsibility for errors or misinterpretations resulting
from the use of incomplete sets of Bidding Documents.
C. Discrepancies: Should a Bidder find any discrepancy,
ambiguity, inconsistency, error or omission from the
drawings, specifications or project manual or of the site
and local conditions, or be in doubt as to their written
meaning, it is requested that the Bidder promptly notify the
Engineer who then will send a written instruction or
interpretation to all known holders of the documents.
Neither the Owner nor the Engineer will be responsible for
any oral instructions.
D. Addenda: Any addenda to the drawings, specifications, or
project manual issued before or during the time of bidding
shall be included in the proposal and become a part of the
contract.
Ail questions by prospective bidders as to the
interpretation ok the Instructions to bidders, forms of
proposal, forms of contract, drawings, specifications or
bonds must be submitted, in writing, to the Engineer, at
least ten (10) days before the date set for the opening of
bids. An interpretation of all questions so raised which,
in the Engineer's opinion, require interpretation will be
mailed to prospective bidders at the addresses given by them
no later than four (4) days before the date of the opening
of bids. Failure of any bidder to receive any such addendum
or interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so
issued shall become part of the Contract Documents.
Any addenda will be mailed or delivered to all Bidders
recefving a complete set of Bidding Documents.
No Addenda will be issued later than four (4) days prior to
the date for receipt of bids except an Addendum, if
necessary, postponing the date for receipt of bids or
withdrawing the request for bids.
Each Bidder shall acknowledge on bid proposal that he has
received all Addenda issued.
E. Substitutions: The materials, products and equipment
described in the specifications and/or shown on the drawings
establish a standard or required function, dimension,
appearance and quality as required by the Engineer. NO
SUBSTITUTIONS WILL BE CONSIDERED DURING BIDDING.
GINN, INC. CONSULTING ENGINEERS VILLAGB PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-3
F. Work to be done: The work to be done under this contract is
described in the specifications and shall be done in
accordance with the contract drawing and specifications
prepared by Ginn, Inc. - Consulting Engineers, Dallas,
Texas.
1.2 BIDDING:
A. Method of Bidding: The proposal provides for quotation of a
price, or prices, for one or more bid items, which may be
lump sum bid prices, alternate bid prices, or a combination
thereof. No payment will be made for items not set up on
the proposal, unless otherwise provided by contract
amendment. All Bidders are cautioned that they should
include in the prices quoted for the various bid items all
necessary allowances for the performance of all work
required for the satisfactory completion of the project.
B. Subcontracts: The bidder is specifically advised that any
person, firm or other party to whom it is proposed to award
a subcontract under this contract must be acceptable to the
Owner. It is further required that the name of the
mechanical and electrical subcontractors and any other
listed subcontractor be noted on the proposal form in the
blank space provided. Failure to list these will be
sufficient grounds to reject the proposal.
1.3 BID SECURITY:
A. Bid Security shall be made payable to the Owner in an amount
of five percent (5%) of the Bidder's maximum Bid price and
in the form of certified or bank check or a Bid Bond issued
by a Surety Company, licensed to transact such business in
the State of Texas and listed on the current Treasury
Department Circular No. 570.
B. The Bid Security of the Successful Bidder and those of the
three (3) lowest responsible and eligible bidders will be
retained until the successful Bidder has executed the
Agreement and furnished the required Contract Security,
whereupon they will be returned. All bid securities will
be returned on the execution of the contract or, if no award
is made, within ninety (90) days after the actual date of
the opening thereof unless forfeited under the conditions
herein stipulated.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-4
C. In case a party to whom a Contract is awarded shall fail or
neglect to execute the Contract and furnish the satisfactory
bonds within the time stipulated, the Owner may determine
that the bidder has abandoned the Contract and, thereupon,
the proposal and acceptance shall be null and void and the
bid security accompanying the proposal shall be forfeited to
the Owner as liquidated damages for such failure or neglect
and to indemnify said Owner for any loss which may be
sustained by failure of the bidder to execute the Contract
and furnish the bonds as aforesaid, provided that in case of
death, disability or other unforeseen circumstances
affecting the bidder, such bid security may be returned to
him. After execution of the contract and acceptance of the
bonds by the Owner, the bid security accompanying the
proposal of the successful bidder will be returned.
1.4 QUALIFICATION OF BIDDERS:
A. To demonstrate qualifications to perform the Work, each
Bidder must submit written evidence of the types set
forth in Section 00040 - Bidders Qualifications, such as
financial data, previous experience and evidence of
Bidder's qualification to do business in The State of Texas
or covenant to obtain such qualification prior to award of
the contract.
B. Additionally, all Bidders shall be prepared to show that
they are skilled, experienced in, and have been regularly
engaged in the type of construction involved and that they
have the necessary financial resources to finish the Work in
a proper and satisfactory manner in the time specified.
C. The Engineer and Owner reserve the right to require
documented evidence of the foregoing from the Contractor
prior to award of the contract.
D. The Owner may make such investigations as it deems necessary
to determine the ability of the bidder to perform the work
and the bidder shall furnish to the Owner such information
and data for this purpose. The Owner reserves the right to
reject any proposal if the evidence submitted by or the
investigation of such bidder fails to satisfy the Owner that
such bidder is properly qualified to carry out the
obligations of the Contract and to complete the work
contemplated therein. The Owner reserves the right to
reject any or all proposals bids if it would be in the
public interest to do so. A proposal which includes for any
item a bid that is abnormally low or high may be rejected as
unbalanced.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-5
E. The investigations of a bidder will seek to determine
whether the organization is adequate in size and experience
and whether available equipment and financial resources are
adequate to assure the Owner that the work will be completed
at a rate consistent with the completion date set forth in
the proposal. The amount of other work to which the bidder
is committed will also be a consideration in establishing
that a contractor is a "responsible and eligible bidder" in
conformity with the requirements of the Contract.
1.5 EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
A. Con4itions of Work: Each Bidder must fully inform himself
of the conditions relating to construction of the project
and employment of labor thereon. Failure to do so will not
relieve a Successful Bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his contract. Insofar as possible, the Contractor must
employ methods or means to cause no interruption of or
interference with the work of any other contractor.
B. Examination of Site: All Bidders, including the general
Contractor and subcontractors shall examine carefully the
site of the Work to acquaint himself with working conditions
and all difficulties that may be involved therein, and shall
examine carefully all drawings, specifications and other
Contract Documents to familiarize himself with all of the
requirements, terms and conditions thereof. Any information
relating to the Work furnished by the Owner or others, or
failure to make these examinations shall in no way relieve
any Bidder from the responsibility of fulfilling all of the
terms of the contract, if awarded a contract. Also, failure
to visit the site will in no way relieve the Successful
Bidder from furnishing any materials or performing any work
requi~ed to complete Work in accordance with drawings and
project manual without additional cost to the Owner.
C. Laws, Regulations, Permits and Taxes: The Bidder's
attention is directed to the fact that all applicable state
laws, municipal ordinances, rules and regulations of all
authorities having jurisdiction over construction of the
project shall apply to the contract throughout, and they
shall be deemed to be included in the contract the same as
though herein written out in full as a part of these
documents.
Contractor shall secure, and include compensation for, in
his proposal, all permits and all required taxes which are
levied by governing bodies and which are assessable upon
labor and materials entering into this Work.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ CONTI~CT REOUIREMENTS P~GE
SECTION 00100 - INSTRUCTION8 TO BIDDERS 00100-6
D. Before submitting his Bid each Bidder may, at his own
expense, make such investigations and tests of the site as
the Bidder may deem necessary to determine his Bid for
performance of the Work in accordance with the time, price
and other terms and conditions of the Contract Documents.
E. On request, Owner will provide each Bidder access to the
site to conduct such investigations and tests as each Bidder
deems necessary for submission of his Bid.
F. The lands upon which the Work is to be performed, rights-of-
way for access thereto and other lands designated for use by
Contractor in performing the Work are identified in the
General Conditions, General Requirements or Drawings.
G. If project is bid, based upon unit price bidding, bidder
shall be advised that: the quantities of work or materials
as set forth in the proposal form or on the plans are a
calculated approximation and are for the purpose of
comparing the Bids on a uniform basis. Payment will be made
by the Owner to the Contractor only for the actual
quantities of work performed or materials furnished in
accordance with the contract. The quantity of work to be
done and materials to be furnished may be increased or
decreased as hereinafter provided.
H. Obligation of Bidder: At the time of opening of bids, each
Bidder will be presumed to have inspected the site and to
have read and be thoroughly familiar with the drawings,
specifications and the project manual, including all
addenda.
The submission of Bid will constitute an incontrovertible
representation by the Bidder that he has complied with every
requirement of this section, and that the Contract Documents
are sufficient in scope and detail to indicate and convey
under'standing of all te~-ms and conditions for performance
of the Work.
I. No allowance will be made for any claim that the proposal is
based upon incomplete information as to the nature and
character of the site or the work involved. Conditional
proposals will not be accepted.
1.6 BID PROPOSALS:
A. General: The Bidder shall submit two Original Bid
Proposals based exactly on the documents as issued. No
substitutions, revisions or omissions from the plans
and/or specifications will be accepted unless authorized in
writing by the Engineer.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING ~ND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-?
The proposal form is attached hereto; additional copies may
be obtained from the Engineer.
Bid proposals must be completed in ink or by typewriter.
The Bid price of each item on the form must be stated in
words and numerals; in case of a conflict, words will
take precedence.
The Bid proposal must be signed with the full name of the
Contractor and his address; if a partnership, by a member of
the firm with the name and address of each member; if a
corporation, by an officer thereof, the corporate name, and
have a corporate seal affixed.
B. Form: Make all proposals on forms provided and fill all
applicable blank spaces without interlineation, alteration
or erasure and must not contain recapitulation of the Work
to be done. No oral, telegraphic, or telephonic proposals
will be considered. Any addenda issued during the bidding
shall be noted on the proposal form.
C. Submittal: Each Bidder shall submit two copies of his Bid
completely and properly executed on proposal forms
provided. Each Bid, without the "Specifications and
Contract Documents", shall be enclosed in a separate sealed
envelope, with the words "Bid for" followed by the project
title and the Bidder's name and address, and accompanied
by the Bid Security and other required documents. If the
Bid is sent through the mail or other delivery system, the
sealed envelope shall be enclosed in a separate envelope
with the notation "BID ENCLOSED" on the face thereof.
SPECIFICATIONS AND CONTRACT DOCUMENTS SHALL NOT BE RETURNED
WITH THE BIDS.
D. Telegraphic Modifications: Any Bidder may modify his Bid by
telegraphic communication at any time provided such
communication is received by the Owner prior to the
scheduled closing time. Written confirmation must be
received within two days from the closing time or no
consideration will be given the telegraph modifications.
E. Withdrawal: If, within twenty-four hours after Bids are
opened, any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and
substantial mistake in the preparation of his Bid, that
Bidder may withdraw his Bid and the Bid Security will be
returned. Thereafter, that Bidder will be disqualified from
further bidding on the Work.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEX~S
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-8
1.7 OPENING OF BIDS:
A. The CITY OF COPPELL, Texas (herein called the "Owner")
invites all Bids on the form attached hereto, all blanks of
which must be appropriately filled in. Bids will be
received by the Owner at time and place stated in Section
00030 - Advertisement For Bids, and then at said location
publicly opened and read aloud. The envelopes containing
the Bids must be sealed, addressed to the CITY OF COPPELL,
and designated as "Bid for VILLAGE PARKWAY PUMP STATION
for COPPELL, TEXAS", Request for Proposal No. 0030.
B. When Bids are opened publicly they will be read aloud, and
an abstract of the amounts of the base Bids and major
alternates (if any) will be made available after the opening
of Bids on a bid tabulation sheet sent to all bidders.
1.8 BIDS TO REMAIN OPEN:
All Bids shall remain open for ninety (90) days after the
day of Bid Opening, but Owner may, in his sole discretion,
release any Bid and return the Bid Security prior to that
date.
1.9 CONTRACT AWARD:
A. Owner reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate contract
terms with the Successful Bidder, and the right to disregard
all nonconforming, nonresponsive or conditional Bids.
Discrepancies between words and figures will be resolved in
favor of words. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be
resolved in favor of the correct sum.
B. In evaluating Bids, Owner shall consider the qualifications
of the Bidders, whether or not the Bids comply with the
prescribed requirements, and alternates and unit prices if
requested in the Bid forms. It is the Owner's intent to
accept alternates (if any are accepted) in the order in
which they are listed in the Bid form, but Owner may accept
them in any order or combination.
C. Owner may consider the qualifications and experience of
subcontractors and other persons and organizations
(including those who are to furnish the principal items of
material or equipment) proposed for those portions of the
Work as to which the identity of subcontractors and other
persons and organizations must be submitted as provided in
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP ST&TION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DI~fISION 0 - BIDDING AND CONTRACT REOUIRENENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-9
the Supplementary Conditions. Operating costs, maintenance
considerations, performance data and guarantees of materials
and equipment may also be considered by Owner.
D. Owner may conduct such investigations as he deems necessary
to assist in the evaluation of any Bid and to establish
the responsibility, qualifications and financial ability of
Bidders, proposed subcontractors and other persons and
organizations to do the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed
time.
E. Owner reserves the right to reject the Bid of any Bidder who
does not pass any such evaluation to Owner's satisfaction.
F. If the contract is to be awarded it will be awarded to the
lowest Bidder whose evaluation by Owner indicated to Owner
that the award will be in the best interests of the project.
G. If the contract is to be awarded, Owner will give the
Successful Bidder a Notice of Award within ninety (90) days
after the day of the Bid opening.
H. After award of contract to Successful Bidder, the Contractor
shall agree to begin work within ten (10) calendar days
after the date of "Notice to Proceed" of the Owner and to
fully complete the project within the stated number of
consecutive calendar days thereafter as stipulated on the
bid proposal and agreement between Owner and Contractor.
I. The Owner will receive bids for the pumps and motors at the
same time and place. The Owner will evaluate the pump bids
and assign one to the Successful Contractor.
1.10 LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT:
In the event the Bidder's proposal is accepted, and he fails
or refuses to enter into the contract and furnish the
required Performance and Payment Bonds within fifteen (15)
days after he has received notice of the acceptance of his
Bid, unless given a written extension of time by the Owner,
then the Bidder will be considered as having abandoned his
proposal and his Bid Security will be retained by the Owner
as liquidated damages, IT NOW BEING AGREED that the
specified sum of the Bid Security is a fair estimate of the
amount of damages that the Owner will sustain in case the
Bidder fails to enter into the contract and furnish the
Performance and Payment Bonds within the time stated in the
proposal.
GINN, INC. CONSULTING ENGINEERS VILL~GE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-10
1.11 CONTRACT TIME:
A. The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth
in the Bid Form and will be included in the Agreement. The
Contract Time for this project is:
THREE HUNDRED (300) CALENDAR DAYS
B. Extension of time of completion will be permissible in
accordance with Section 4.02 of General Conditions of
Agreement.
1.12 LIQUIDATED DAMAGES:
Provisions for liquidated damages are set forth in the
Proposal. Liquidated damages for this project are:
ONE THOUSAND DOLLARS ($1,000.00) PER CALENDAR DAY
1.13 SUBCONTRACTORS, ETC.:
A. The apparent Successful Bidder, and any other Bidder so
requested will, within seven (7) days after requested by the
Owner, submit to the Owner a list of all the suppliers,
subcontractors and other persons and organizations
(including those who are to furnish the principal items of
material and equipment) proposed for those portions of the
Work as to which such identification is so required. Such
list shall be accompanied by an experience statement with
pertinent information as to similar projects and other
evidence of qualification for each such Subcontractor,
person and organization if requested by the Owner. If Owner
or Engineer after due investigation has reasonable objection
to ahy proposed Subcontractor, other person or organization,
either may before giving the Notice of Award request the
apparent Successful Bidder to submit an acceptable
substitute without an increase to Bid price. If the
apparent Successful Bidder declines to make any such
substitution, the Contract shall not be awarded to such
Bidder, but his declining to make any such substitution will
not constitute grounds for sacrificing his Bid Security.
Any Subcontractor, other person or organization so listed
and to whom Owner or Engineer does not make written
objection prior to the giving of the Notice of Award will be
deemed acceptable to Owner and Engineer.
B. In contracts where the Contract Price is on the basis of
Cost-of-the-Work Plus a Fee, the apparent Successful Bidder,
prior to the Notice of Award, shall identify in writing to
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-11
Owner those portions of the Work that such Bidder proposes
to subcontract and after the Notice of Award may only
subcontract other portions of the Work with Owner's written
consent.
C. No Contractor shall be required to employ any Subcontractor,
other person or organization against whom he has reasonable
objection.
1.14 PERFORMANCE AND OTHER BONDS:
A. Security for Faithful Performance: Simultaneously with his
delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful
performance of this contract and for the payment of all
persons performing labor on the project under the contract
and furnish materials in connection with this contract. The
surety on such bond or bonds shall be by a duly authorized
surety company, satisfactory to the Owner, if requested by
the Bidder. Bonds shall remain in effect through the
guarantee period unless otherwise required by State Law.
Seal impressions will be required on all bonds submitted to
Owner.
B. Power of Attorney: Attorneys-in-fact, who sign contract
bonds, must file with each bond a certified and effectively
dated copy of their power of attorney.
C. Laws and Regulations: The bidder's attention is directed
to the fact that all applicable state laws, municipal
ordinances and the rules and regulations of all authorities
having jurisdiction over construction of the project shall
apply to the Contract throughout and they will be deemed to
be included in the Contract the same as though herein
written out in full.
1.15 SIGNING OF AGREEMENT:
When Owner gives a Notice of Award to the Successful Bidder,
it will be accompanied by at least six unsigned counterparts
of the Agreement and all other Contract Documents. Within
fifteen (15) days thereafter, Contractor shall sign and
deliver at least six counterparts of the Agreement to Owner
with all other Contract Documents attached. Within ten (10)
days thereafter, Owner will deliver all fully signed
counterparts to Contractor. Engineer will identify those
portions of the Contract Documents not fully signed by Owner
and Contractor and such identification shall be binding on
all parties.
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
DIVISION 0 - BIDDING AND CONTRACT REOUIREMENTS PAGE
SECTION 00100 - INSTRUCTIONS TO BIDDERS 00100-12
PART 2 ~ PRODUCTS
Not Used
PART 3 : EXECUTION
Not Used
END OF SECTION
GINN, INC. CONSULTING ENGINEERS VILLAGE PARKWAY PUMP STATION
DALLAS, TEXAS PROJECT NO. 380 CITY OF COPPELL, TEXAS
GINN, INC. CONSI I:FIN(, ENGINEI! RS
December 2, 1988
Mr. Mel Michael
C.D. Henderson, Inc.
1917 Copper
Garland, Texas 75042
Re: Village Parkway Pump Station
City of Coppell, Texas
Dear Mr. Michael:
We are in receipt of your December 1, 1988 letter offering Dawson
Construction Company, Inc. as a substitution for the utility
work on the above referenced project. We also note that you have
requested an additional $142,655.00 for this substitution.
Division 0, Section 00100, Paragraph 1.13 (A) of the
Specifications state that the substitution must be made without
an increase in Bid price.
We are forwarding all information received to the City for their
consideration. We have requested that this item be placed on the
December 13, 1988 council agenda. .We will confirm the agenda
items and date with you when they are formalized.
Sincerely,
Sa~ord W. Case, P.E.
'Project Manager
cc: Russell Doyle, P.E. Alan Ratliff Steve Goram Larry Jackson
Frank Trando H. Wayne Ginn, P.E.
File 380
17103 I';c~t~m R,,ad · Suite I0(1 · I.B I I,~ · I)allas.'l'cx:,~ 7524,q ® I'h~mc 214/24,~-4900