Bridge Painting-CN060926T H E C 1 T Y O F
COFFEL L
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INVITATION TO BID
INSTRUCTIONS /TERMS OF CONTRACT
SPECIFICATIONS
BID SHEET(S)
FOR
CLEANING AND COATING OF EXISTING CONCRETE SURFACES
PER
THE CITY OF COPPELL SPECIFICATIONS
AT
THE CITY OF COPPELL
TOWN CENTER
PURCHASING DEPARTMENT
OPENING DATE: TUESDAY, SEPTEMBER 26, 2006
10:00 A.M.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019
T H E C 1 T Y O F
COPPELL
INVITATION TO BID
Return Bid To: City of Coppell
Purchasing Department
PO Box 9478
Coppell, Texas 75019
The enclosed Invitation To Bid and accompanying Specifications with Bid Sheets are for
your convenience in bidding the enclosed referenced products and /or services for the City of
Coppell. Sealed bids shall be received no later than: 10:00 A.M., Tuesday, SEPTEMBER 26,
2006, at the City of Coppell Purchasing Department, 255 Parkway Blvd, Coppell, TX 75019.
Please reference Bid No. 0906 -01, "Cleaning and Coating of Existing Concrete Surfaces,"
in all correspondence pertaining to this bid and affix this number to outside front of bid envelope
for identification. All bids shall be to the attention of the Purchasing Department.
The City of Coppell appreciates your time and effort in preparing a bid. Please note that all bids
must be received at the designated location by the deadline shown. Bids received after
the deadline will be returned unopened and shall be considered void and unacceptable. Bid
opening is scheduled to be held in the Office of the Purchasing Agent, 255 Parkway Boulevard,
Coppell, Texas. You are invited to attend.
If Bidder desires not to bid at this time, but wishes to remain on the commodity bid list, please
submit a "NO BID" response {same time /location). The City of Coppell is always very conscious
and extremely appreciative of the time and effort expended to submit a bid. However, on "NO
BID" responses please communicate any bid requirement(s) which may have influenced your
decision to "NO BID."
If response is not received in the form of a "BID" or "NO BID" for three (3) consecutive Invitation
To Bid, Bidder shall be removed from said bid list. However, if you choose to "NO BID" at this
time but desire to remain on the bid list for other commodities, please state the specific
product /service for which your firm wishes to be classified.
Awards should be made approximately three weeks following the bid opening date. To obtain
results, or if you have any questions, please contact the Purchasing Department at
972 - 304 -3644.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 2
T H E C 1 T Y O F FFELL
CO
X A 5 s
INVITATION TO BID
INSTRUCTIONS /TERMS OF CONTRACT
BID NO. Q- 0906 -01
CLEANING AND COATING OF EXISTING CONCRETE SURFACES
By order of the City Council of the City of Coppell, Texas, sealed bids will be received for:
CLEANING AND COATING OF EXISTING CONCRETE SURFACES
IT IS UNDERSTOOD that the City Council of the City of Coppell, Texas reserves the right to
reject any and /or all bids for any /or all products and /or services covered in this bid request and
to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best
interests of the City of Coppell.
BIDS MUST BE submitted on the pricing forms included for that purpose in this packet. Each
bid shall be placed in a separate sealed envelope, with each page manually signed by a
person having the authority to bind the firm in a Contract, and marked clearly on the
outside as shown below. FACSIMILE TRANSMITTALS SHALL NOT BE ACCEPTED!
SUBMISSION OF BIDS: Sealed bids shall be submitted no later than 10:00 A.M.,
TUESDAY, SEPTEMBER 26, 2006 to the address as follows:
City of Coppell
Purchasing Department
255 Parkway Blvd.
Coppell, Texas 75019
MARK ENVELOPE: "BID NO. Q- 0906 -01, CLEANING AND COATING OF EXISTING
CONCRETE SURFACES"
ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT
BEFORE OPENING DATE AND TIME.
CITY OF COPPELL - PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 3
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
PUBLIC NOTICE STATEMENT FOR ADA COMPLIANCE
The City of Coppell acknowledges its responsibility to comply with the Americans With
Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special
services (i.e. sign interpretative services, alternative audio /visual devices, and amanuenses) for
participation in or access to the City of Coppell sponsored public programs, services and /or
meetings, the City requests that individuals make request for these services forty -eight (48)
hours ahead of the scheduled program, service and /or meeting. To make arrangements,
contact Vivyon V. Bowman, ADA Coordinator or other designated official at (214) 462 -0022, or
(TDD 1- 800 - RELAY, TX 1 -800- 735 - 2989).
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 4
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
FUNDING: Funds for payment have been provided through the City of Coppell budget approved
by the City Council for this fiscal year only. State of Texas statutes prohibit the obligation and
expenditure of public funds beyond the fiscal year for which a budget has been approved.
Therefore, anticipated orders or other obligations that may arise past the end of the current
fiscal year shall be subject to budget approval.
LATE BIDS: Bids received in the City of Coppell Purchasing Department after submission
deadline will be considered void and unacceptable. The City of Coppell is not responsible for
lateness or non - delivery of mail, carrier, etc., and the date /time stamp in the Purchasing
Department shall be the official time of receipt.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any
interlineation, alteration, or erasure made before opening time must be initialed by the signer of
the bid, guaranteeing authenticity.
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the Bidder without the
permission of the City for a period of ninety (90) days following the date designated for the
receipt of bids, and Bidder so agrees upon submittal of their bid.
SALES TAX: The City of Coppell is exempt by law from payment of Texas State Sales Tax and
Federal Excise Tax. Bidder shall include any sales taxes from concession sales of taxable
items on City property in the total price of the sale, and shall be responsible to report and pay
such taxes in a timely manner.
BID AWARD: The City reserves the right to award any combination of the three sections as is
deemed in the best interest of the City. The City also reserves the right to not award one or
none of the sections.
CONTRACT: This bid, when properly accepted by the City of Coppell, shall constitute a
Contract equally binding between the successful Bidder and the City. No different or additional
terms will become a part of this Contract with the exception of Change Orders.
CHANGE ORDERS: No oral statement of any individual shall modify or otherwise change, or
affect the terms, conditions or Specifications stated in the resulting Contract. All Change Orders
to the Contract will be made in writing by the City's Purchasing Agent.
IF DURING THE life of the Contract, the successful Bidder's net prices to other customers for
items awarded herein are reduced below the Contracted price, it is understood and agreed that
the benefits of such reduction shall be extended to the City of Coppell.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 5
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
A PRICE redetermination may be considered by the City only at the anniversary date of the
Contract and shall be substantiated in writing (i.e., Manufacturer's direct cost, postage rates,
Railroad Commission rates, Wage /Labor rates, etc.). The Bidder's past history of honoring
Contracts at the bid price will be an important consideration in the evaluation of the lowest and
best bid. The City reserves the right to accept or reject any /all of the price redetermination as it
deems to be in the best interest of the City.
DELIVERY: all delivery and freight charges (F.O.B. City of Coppell) are to be included in the
bid price.
DELIVERY TIME: Bids shall show number of days required to place goods ordered at the
City's designated location. Failure to state delivery time may cause bid to be rejected.
Successful Bidder shall notify the Purchasing Department immediately if delivery schedule
cannot be met. If delay is foreseen, successful Bidder shall give written notice to the
Purchasing Agent. The City has the right to extend delivery time if reason appears valid.
Successful Bidder must keep the Purchasing Department advised at all times of the status of
the order.
CONFLICT OF INTEREST: No public official shall have interest in this Contract, in accordance
with Vernon's Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter
171.
DISCLOSURE OF CERTAIN RELATIONSHIPS Effective January 1, 2006, Chapter 176 of the
Texas Local Government Code requires that any vendor or person considering doing business
with a local government entity disclose in the Questionnaire Form CIO, the vendor or person's
affiliation or business relationship that might cause a conflict of interest with a local government
entity. By law, this questionnaire must be filed with the records administrator of the City of
Garland not later than the 7"' business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006, Local Government Code. A person
commits an offense if the person violates Section 176.006, Local Government Code. An
offense under this section is a Class C misdemeanor.
By submitting a response to this request, vendor represents that it is in compliance with the
requirements of Chapter 176 of the Texas Local Government Code.
ETHICS: The Bidder shall not offer or accept gifts of anything of value nor enter into any
business arrangement with any employee, official or agent of the City of Coppell.
EXCEPTIONS /SUBSTITUTIONS: All bids meeting the intent of this Invitation To Bid will be
considered for award. Bidders taking exception to the Specifications, or offering substitutions,
shall state these exceptions iin the section provided or by attachment as part of the bid. In the
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 6
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
absence of such, a list shall indicate that the Bidder has not taken exceptions and shall hold the
Bidder responsible to perform in strict accordance with the Specifications of the Invitation. The
City of Coppell reserves the right to accept any and all, or none, of the exception(s)/
substitution(s) deemed to be in the best interest of the City.
ADDENDA: Any interpretations, corrections or changes to this Invitation To Bid and
Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in
the City of Coppell Purchasing Agent. Addenda will be mailed to all who are known to have
received a copy of this Invitation To Bid. Bidders shall acknowledge receipt of all addenda.
DESCRIPTIONS: Any reference to model and /or make /manufacturer used in bid Specifications
will be made by addenda. Sole issuing authority of addenda shall be vested in the City's
Purchasing Agent. Addenda will be mailed to all who are known to have received a copy of this
invitation to Bid. Bidders shall acknowledge receipt of all addenda.
BID MUST COMPLY with all federal, state, county, and local laws concerning these types of
service(s).
DESIGN, STRENGTH, QUALITY of materials must conform to the highest standards of
manufacturing and engineering practice.
All items supplied against credit must be new and unused, unless otherwise specified, in first -
class condition and of current manufacturer.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
Bidder must affirmatively dernonstrate Bidder's responsibility. A prospective Bidder must meet
the following requirements:
1. Have adequate financial resources, or the ability to obtain such resources as
required;
2. be able to comply with the required or proposed delivery schedule;
3. have a satisfactory record of performance;
4. have a satisfactory record of integrity and ethics;
5. be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine Bidder's
ability to meet these minimum standards listed above.
REFERENCES: The City requests Bidder to supply, with this Invitation To Bid, a list of at least
three (3) references where like products and /or services have been supplied by their firm.
Include name of firm, address, telephone number and name of representative.
BIDDER SHALL PROVIDE with this bid response, all documentation required by this Invitation
To Bid. Failure to provide this information may result in rejection of bid.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 7
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Coppell and
all its officers, agents and employees from all suits, actions, or other claims of any character,
name and description brought for or on account of any injuries or damages received or
sustained by any person, persons, or property on account of any negligent act or fault of the
successful Bidder, or of any agent, employee, subcontractor or supplier in the execution of, or
performance under, any Contract which may result from bid award. Successful Bidder
indemnifies and will indemnify and save harmless the City from liability, claim or demand on
their part, agents, servants, customers, and /or employees whether such liability, claim or
demand arise from event or casualty happening or within the occupied premises themselves or
happening upon or in any of the halls, elevators, entrances, stairways or approaches of or to the
facilities within which the occupied premises are located. Successful Bidder shall pay any
judgment with costs which may be obtained against the City growing out of such injury or
damages. In addition, Contractor shall obtain and file with Owner City of Coppell a Standard
Certificate of Insurance and applicable policy endorsement evidencing the required coverage
and naming the owner City of Coppell as an additional insured on the required coverage.
WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of
Coppell, all Social Security, Unemployment and Federal Income Withholding Taxes of all such
employees and all such employees shall be paid wages and benefits as required by Federal
and /or State Law.
TERMINATION OF CONTRACT: This Contract shall remain in effect until Contract expires,
delivery and acceptance of products and /or performance of services ordered or terminated by
either party with a thirty (30) day written notice prior to any cancellation. The successful Bidder
must state therein the reasons for such cancellation. The City of Coppell reserves the right to
award canceled Contract to next lowest and best Bidder as it deems to be in the best interest of
the City of Coppell.
TERMINATION FOR DEFAULT: The City of Coppell reserves the right to enforce the
performance of this Contract: in any manner prescribed by law or deemed to be in the best
interest of the City in the event of breach or default of this Contract. The City of Coppell
reserves the right to terminate the Contract immediately in the event the successful Bidder fails
to:
1. Meet schedules;
2. defaults in the payment of any fees; or
3. otherwise perform in accordance with these Specifications.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 8
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
Breach of Contract or default authorizes the City of Coppell to exercise any or all of the following
rights:
1. The City may take possession of the assigned premises and any fees accrued or
becoming due to date;
2. the City may take possession of all goods, fixtures and materials of successful Bidder
therein and may foreclose its lien against such personal property, applying the
proceeds toward fees due or thereafter becoming due.
In the event the successful Bidder shall fail to perform, keep or observe any of the terms and
conditions to be performed, kept or observed, the City shall give the successful Bidder written
notice of such default; and in the event said default is not remedied to the satisfaction and
approval of the city within two (2) working days of receipt of such notice by the successful
Bidder, default will be declared and all the successful Bidder's rights shall terminate.
Bidder, in submitting this bid, agrees that the City of Coppell shall not be liable to prosecution
for damages in the event that the City declares the Bidder in default.
NOTICE: Any notice provided by this bid (or required by law) to be given to the successful
Bidder by the City of Coppell shall conclusively deemed to have been given and received on the
next day after such written notice has been deposited in the mail in the City of Coppell, Texas
by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the
successful Bidder at the address so provided; provided this shall not prevent the giving of actual
notice in any other manner.
PATENTS /COPYRIGHTS: The successful Bidder agrees to protect the City of Coppell from
claims involving infringement of patents and /or copyrights.
CONTRACT ADMINISTRATOR: Under this Contract, the City of Coppell may appoint a
Contract Administrator with designated responsibility to ensure compliance with Contract
requirements, such as but not limited to, acceptance, inspection and delivery. The Contract
Administrator will serve as liaison between the City of Coppell Purchasing Department (which
has the overall Contract Administration responsibilities) and the successful Bidder.
PURCHASE ORDER: A Purchase Order(s) shall be generated by the City of Coppell to the
successful Bidder. The Purchase Order number must appear on all itemized invoices and
packing slips. The City of Coppell will not be held responsible for any orders placed /delivered
without a valid current Purchase Order number.
PACKING SLIPS or other suitable shipping documents shall accompany each special order
shipment and shall show: (a) name and address of successful Bidder, (b) name and address of
CITY OF COPPELL • PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 9
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
receiving department and /or delivery location, (c) Purchase Order number, and (d) descriptive
information as to the item(s) delivered, including product code, item number, quantity, number of
containers, etc
INVOICES shall show all information as stated above, shall be issued for each Purchase Order
and shall be mailed directly to the City of Coppell Finance /Accounts Payable Department, 255
Parkway Blvd., Coppell, Texas 75019.
PAYMENT will be made upon receipt and acceptance by the City of Coppell for any item(s)
ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment
Act, Article 601f V.T.C.S. Successful Bidder(s) required to pay subcontractors within ten (10)
days.
ITEMS supplied under this Contract shall be subject to the City's approval. Items found
defective or not meeting Specifications shall be picked up and replaced by the successful
Bidder at the next service date at no expense to the City of Coppell. If item is not picked up
within one (1) week after notification, the item will become a donation to the City for disposition.
SAMPLES: When requested, samples shall be furnished free of expense to the City of Coppell
WARRANTY. Successful Bidder shall warrant that all items /services shall conform to the
proposed Specifications and/or all warranties as stated in the Uniform Commercial Code and be
free from all defects in material, workmanship and title. A copy of the warranty for each item
being bid must be enclosed. Failure to comply with the above requirements for literature and
warranty information could cause bid to be rejected.
REMEDIES: The successful Bidder and the City of Coppell agree that both parties have all
rights, duties and remedies available as stated in the Uniform Commercial Code.
VENUE: This Agreement will be governed and construed according to the laws of the State of
Texas. This Agreement is performable in the City of Coppell, Texas.
ASSIGNMENT: The successful Bidder shall not sell, assign, transfer or convey this Contract, in
whole or in part, without prior written consent of the City of Coppell.
SPECIFICATIONS and model numbers are for description only. Bidder may bid on description
only. Bidder may bid on alternate model but must clearly indicate alternate model being bid.
Bidder must enclose full descriptive literature on alternate item(s).
SILENCE OF SPECIFICATION: The apparent silence of these Specifications as to any detail
or to the apparent omission of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of these
Specifications shall be made on the basis of this statement.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 10
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
Each insurance policy to be furnished by successful Bidder shall include, by endorsement to the
policy, a statement that a notice shall be given to the City of Coppell by Certified Mail thirty (30)
days prior to cancellation or upon any material change in coverage.
ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to the
Purchasing Department at 972- 304 -3643.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 11
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
T H E C 1 T Y O F
COFFELL n:
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BID Q- 0906 -01
CLEANING AND COATING OF EXISTING CONCRETE
SURFACES
BIDDERS PLEASE NOTE: ONE COPY OF THE FOLLOWING BID
SHEETS HAVE BEEN ENCLOSED FOR YOUR CONVENIENCE
(SPECIFICATIONS AND BID AFFIDAVIT)
TWO COPIES MUST BE RETURNED TO THE PURCHASING DEPARTMENT
NO LATER THAN 10:00 A.M., TUESDAY, SEPTEMBER 26, 2006.
CITY OF COPPELL • PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 12
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
CLEANING AND COATING OF EXISTING CONCRETE SURFACES
PART 1. GENERAL
1.01 EXISTING CONCRETE SURFACES
A. The work consists of: cleaning and coating the existing concrete surfaces with an
applied finish coating in accordance with these Special Provisions.
B. The surfaces to be cleaned and coated are as follows:
1. For example: Columns, caps, end bents, overhang areas, barrier walls, etc.
These areas would vary from project to project.
1.02 MATERIAL
A. The coating material shall be a commercial product designed specifically for this
purpose. One manufacturer shall manufacture all coating material and shall be
delivered to the job in sealed containers bearing the manufacturer's original
labels. The Contractor shall provide a copy of the manufacturer's printed
instructions to the City.
B. The coating material in the finished state shall be capable of accommodating the
thermal and elastic expansion ranges of the substrate without cracking.
1.03 SURFACE PREPARATION
A. The concrete will be cleaned free of any dirt, debris and delaminated coating,
removed by power washing and allowed to completely dry.
B. After surface cleaning, all cracks in the concrete will be repaired using Thoro
Knife Grade or equal; any spalls in the concrete will be repaired using Thoroc
Concrete Repair Mortar or equal.
1.03a OVERSPRAY
A. Great care shall be taken to protect surrounding structures, passing automobiles,
and pedestrians from the power washing spray and the debris it may carry.
1.04 APPLICATION
A. The surfaces shall be clean prior to the application of the finish coating.
B. The concrete surfaces shall be masked to provide a uniform, neat dividing line
between surfaces which are coated and uncoated.
C. The concrete will be coated with two (2) coats of Thorocoat waterproof acrylic
coating (or equal) and shall be applied by qualified personnel experienced in the
work in a manner recommended by the manufacturer. When the finish coating is
applied by spraying, the Contractor shall supply spray equipment capable of
maintaining a constant pressure necessary for proper application. All coating
materials shall be mixed, applied and cured in accordance with the
manufacturer's printed instruction.
D. As alternates to spray equipment, the application may be brush or roller as long
as satisfactory results are obtained.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 13
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
1.04a OVERSPRAY
A. Great care shall be taken to protect surrounding structures and passing automobiles
from paint over spray.
1.05 FINISHED PRODUCT
A. The texture of the completed finish coat shall be generally similar to that of
rubbed concrete. The completed finished coating shall be tightly bonded to the
structure and present a uniform appearance and texture. If necessary, additional
coats shall be applied to produce the desired surface texture and uniformity.
B. Upon failure to adhere positively to the structure without chipping, flaking or
peeling, or to attain the desired surface appearance, coatings shall be removed
entirely from the structure and the finish coating shall be reapplied after proper
surface preparation until the desired finished product is achieved.
1.06 COLOR
A. The color of the applied) finish coating shall be similar to Federal Color
Standard No. 595 or color as selected by the City Engineer or his assigns
CLEANING AND COATING OF EXISTING METAL SURFACES
PART 1. GENERAL
1.01 EXISTING METAL SURFACES
A. The work consists oi" cleaning and coating the existing concrete surfaces with an
applied finish coating in accordance with these Special Provisions.
B. The surfaces to be cleaned and coated are as follows:
1. For example: Pipe Failing, decorative fencing, etc.
1.02 MATERIAL
A. The coating material shall be a commercial product designed specifically for this
purpose. One manufacturer shall manufacture all coating material and shall be
delivered to the job in sealed containers bearing the manufacturer's original
labels. The Contractor shall provide a copy of the manufacturer's printed
instructions to the City.
B. The coating material in the finished state shall be capable of accommodating the
thermal and elastic expansion ranges of the substrate without cracking.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 14
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
1.03 SURFACE PREPARATION
A. The metal will be cleaned free of any dirt, debris and delaminated coating,
removed by power washing and allowed to completely dry.
B. After surface cleaning, the surfaces shall be closely inspected for areas that may
need repair such as: cracks at welds, corrosion beyond resurfacing, etc. The City
shall be notified of all defects /damages existing on the structure before
painting /coating. Repairs required will be performed by others.
1.03a OVERSPRAY
A. Great care shall be taken to protect surrounding structures, passing automobiles,
and pedestrians from the power washing spray and the debris it may carry.
1.04 APPLICATION
A. The surfaces shall be clean prior to the application of the finish coating.
B. The surrounding concrete surfaces shall be masked to provide a uniform, neat
dividing line between surfaces.
C. Two (2) coats of Sherwin Williams Direct to Metal (or equal) paint shall be
applied by qualified personnel experienced in the work in a manner
recommended by the manufacturer. When the finish coating is applied by
spraying, the Contractor shall supply spray equipment capable of maintaining a
constant pressure necessary for proper application. All coating materials shall be
mixed, applied and cured in accordance with the manufacturer's printed
instruction.
D. As alternates to spray equipment, the application may be brush or roller as long
as satisfactory results are obtained.
1.04a OVERSPRAY
A. Great care shall be taken to protect surrounding structures and passing
automobiles from paint over spray.
1.05 FINISHED PRODUCT
A. The finish coat shall be smooth. The completed finished coating shall be tightly
bonded to the structure and present a uniform appearance. If necessary,
additional coats shall be applied to produce the desired surface texture and
uniformity.
B. Upon failure to adhere positively to the structure without chipping, flaking or
peeling, or to attain the desired surface appearance, coatings shall be removed
entirely from the structure and the finish coating shall be reapplied after proper
surface preparation until the desired finished product is achieved.
1.06 COLOR
A. The color of the applied finish coating shall be matched to the existing color or color
as selected by the City Engineer or his assigns.
CITY OF COPPELL • PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 15
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
CLEAN UP & FINAL INSPECTION
A. All dirt, debris, paint chips, etc. removed from the structures during this process
shall be picked up, removed from the worksite and disposed of properly.
B. All blasting media (if used) shall be picked up, removed from the worksite and
disposed of properly.
C. Any accidental over spray shall be removed from the surface(s) to which it
adhered to the satisfaction of the City's Inspector. Should removal create
additional irregularities that surface may need additional work such as painting in
order to rectify the condition caused by the over spray.
D. The contractor shall notify the City when all work per the contract has been
completed and is ready for inspection. The contractor will need to schedule a
time for that inspection and the contractor's representative will need to present
during that inspection.
E. A punch list from the inspection will be created if necessary. This punch list will
need to be addressed prior to approval of the work.
HOURS OF OPERATION
Since all bridge structures are near or adjacent to traveled vehicle lanes, any work that
will obstruct any portion of a traveled lane will be restricted to the hours of 9:00 AM until
3:00 PM Monday through Friday to provide for full use of those lanes during rush hours.
Weekend and night work will not be permitted unless special permission has been
obtained from the City's Engineer.
Pedestrians may also need to considered if the structure is on a school route.
TRAFFIC CONTROL
The City of Coppell will provide the traffic control devices and a plan per roadway
including adjacent sidewalks. The contractor will be responsible for setting out and
removing the devices per the plan. Work must be in progress during the time that the
devices are being used in the roadway per the times stated previously. There are a
limited number of devices available whereby work in or immediately next to the roadway
may have to progress from site to site not simultaneously. All personnel will be required
to wear ANSI "Class 1" safety apparel (vest) during daytime hours. "Class III" will be
required for nighttime if permitted.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 16
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
This bid consists of five (5) structures. Each location is to bid separately in case funds
are insufficient to complete all five (5) structures at this time. Item No. 3 is two different
structures that are parallel to each other and will be bid as one line item.
Location
Total Price
1. Bridge A 18- 057- VO01 -00 -002
�}
Tot �_-
This bridge is over Denton Creek that is south of
Natches Trace on Denton Tap Rd.
l.:) C- iJ fU f7 �' 1'Ut
2. Bridge B 18- 057 4001 -00 -003
00
This bridge is over Cottonwood Creek that is
north of Parkway Blvd. on Denton Tap Rd.
rau2 77/wsq..l� r � tee: H cwnzrr�
LN? L[
3. Bridge C & D
These bridges are the north
c
and south direction structures over Grapevine
bs 00C$*
Creek
that is south of Meadowcreek Rd. on Denton Tap
F,FITz70
Rd.
4. Bridge E 18- 057- V001 -00 -004
co
This bridge is over the Cottonwood Creek Branch
that is west of Cowboy Dr. on Parkway Blvd.
Note: The bridge light poles are not included in this contract.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 17
BID 0- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
BID AFFIDAVIT
The undersigned certifies that the bid prices contained in this bid have been carefully
reviewed and are submitted as correct and final. Bidder further certifies and agrees to
furnish any and /or all commodities upon which prices are extended at the price offered,
and upon the conditions contained in the Specifications of the Invitation To Bid. The
period of acceptance of this bid will be _ calendar days from the date of the
bid opening. (Period of acceptance will be ninety (90) calendar days unless otherwise
indicated by Bidder.)
„I , °,NI�R ��?5 fy`C7�� ► ��� d'c _ am a duly
authorized officer /agent for-M-71 - C-0�-TWk %1AN :1-Av( and have been duly
authorized to execute the foregoing on behalf of the said �1 tY%)JZ -
I hereby certify that the foregoing bid has not been prepared in collusion with any other
Bidder or individual(s) engaged in the same line of business prior to the official opening
of this bid. Further, I certify that the Bidder is not now, nor has been for the past six (6)
months, directly or indirectly concerned in any pool, agreement or combination thereof,
to control the price of services /commodities bid on, or to influence any individual(s) to
bid or not to bid thereon."
Name and address of Bidder: i
Telephone: (3 �3_} 30-t- � 164 by: 1*)�-Vt At V'1,S �
Title: tf �Zt� iiC `� ; Signature:
SUBSCRIBED AND SWC►RN to before me by the above harried Ai al-M-0 -5 4�1I>'11t6 143
on this the day of 2006.
&ipN
�....-
ELENIZAHARIAS
NOTARY PUBLIC, WAYNE COUNTY, MI
MY COMMISSION EXPIRES 2/27 /2008
CrrY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 18
CONFLICT OF INTEREST QUESTIONNAIRE
FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
OFFICE USE
Government Code by a person doing business with the governmental entity.
ONLY
Date
By law this questionnaire must be filed with the records administrator of the
Received
local government not later than the 7th business day after the date the
person becomes aware of facts that require the statement to be filed. See
Section 176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1
Name of person doing business with local governmental entity.
A3 C-
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing
authority not later than September 1 of the year for which an activity described in Section
176.006(a), Local Government Code, is pending and not later than the 7th business day after
the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name each employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the governmental entity with respect
to expenditures of money AND describe the affiliation or business relationship.
oc .
4
Name each local government officer who appoints or employs local government
officers of the governmental entity for which this questionnaire is filed AND describe
the affiliation or business relationship.
Adoptea "I "I /U1 /zuun
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 19
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE
Page 2
For vendor or other person doing business with local governmental entity
5 Name of local government officer with whom filer has affiliation or business relationship. (Complete
this section only if the answer to A, B, or C is YES.
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has
affiliation or other relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer
of the questionnaire? ❑ Yes N No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local
overnme officer named in this section AND the taxable income is not from the local governmental entity?
Yes 11 No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local ggvernment
officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑ Yes / No
D. Describe each affiliation or business relationship.
rson Aeing business with the governmental entity Date
Adopted 11/02/2005
CITY OF COPPELL • PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 20
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
T H E C t T Y O F
COPPELL
.:� �4 :,
? �z °
s
CITY OF COPPELL, TEXAS
STANDARD FORM PURCHASE CONTRACT
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 21
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
City of Coppell, Texas
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
This Agreement is made by and between the City of Coppell, Texas, a home -rule nuuiicipality
(hereinafter referred to as the "Buyer ") and the hereinafter named Seller, referred to as the "Seller," for the sale of
the goods, materials and items specified hereinafter, and the 13uyer and Seller hereby agree as follows:
Seller:
`ice — '3zcIt-6z�
[Name]
16 -401 McuZ^ '?;V:-4
[Address]
[City, State, Zip]
[Telephone]
DESCRIPTION OF GOODS
This Contract is for the purchase by the City of Coppell, Texas, of the goods, materials
and items described hereinafter as the "Goods" or the subject of this Contract, and such parts,
attachments, accessories, devices, and apparatus as may be considered an integral part of the
Goods or necessary for the proper use or application of the Goods, whether or not specified
herein. The Goods are more specifically described as follows:
Description
C loz e1� kkK , S CC��i1NC7 o r �7c c S i t� C� , Ct�NciZ tit`s
[CHECK ONE:]
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 22
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
X
EM
This Contract is a "fixed price - fixed quantity" Contract for the purchase of the specified
quantity at the specified price. The full quantity of the Goods shall be delivered to and
received at the designated point or points of delivery no later than the date specified
hereinbelow. This date is a material term and condition of this Contract and, in
connection with the delivery date, time is and shall be of the essence.
[Insert Date of Delivery]
This Contract is for a specific duration wherein the Seller will supply, furnish and deliver
at the designated point or points of delivery the specified Goods in the quantities
requested by Buyer at the time of Buyer's order. The delivery date(s) shall be set forth in
Buyer's order. This Contract is not intended to be and shall not be construed as an
exclusive requirements contract. This Contract is non - exclusive and Buyer may acquire
any or all of its requirements for the specified Goods from Seller or any other source
deemed appropriate by Buyer. Upon the conclusion of the duration of this Contract,
Buyer may renew this agreement for an additional period or periods equivalent to the
primary duration upon sending written notice of intent thereof within thirty (30) days prior
to the expiration of the last day of the term of this Contract. The failure to send the
foregoing notice shall convert this agreement into a "fixed price - fixed quantity" contract
as described above.
DURATION: From
PAYMENT TERMS
N
The purchase price of the Goods shall be that contained in the Seller's bid and specifically
accepted in writing by Buyer. Seller shall submit separate invoices, in duplicate, on each purchase order
after each delivery. Invoices shall indicate the purchase order number, and shall be itemized. A copy of
the bill of lading should be attached to the invoice. Mail to City of Coppell, Purchasing Department, 255
Parkway Boulevard, P.O. Box 9478, Coppell, Texas 75019. Payment shall not be due until the above
instruments are submitted, until the Goods have been received by Buyer, and until Buyer has had
sufficient opportunity to inspect and exercise its right to accept or reject. Seller shall keep the purchasing
department advised of any changes in their remittance addresses. In no event shall Buyer be
responsible for interest of any kind on any funds due to Seller, and no term or provision contained in any
Seller's invoice shall in any way modify, vary or alter the provisions hereof.
Buyer's obligation is payable solely from funds available for the purpose of the purchase. Lack of
funds shall render this contract null and void and to the extent funds are not available, any delivered but
unpaid for goods will be returned to Seller by Buyer. Do not include federal excise tax, state or city sales
tax. The City shall furnish a tax exempt certificate if required.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 23
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
CONTRACT TERMS AND CONDITIONS
This Contract is made and entered into between the parties hereto in accordance with and
subject to the following additional terms and conditions:
1. SELLER TO PACKAGE GOODS: Seller will package Goods in accordance with good
commercial practice. Each shipping container shall be clearly marked and permanently packed
as follows: (a) Seller's name and address; (b) Consignee's name, address, and purchase order
or purchase release number and the supply agreement number if applicable; (c) Container
number and total number of containers, e.g. box 1 of 4 boxes; and (d) the number of the
container bearing the package slip. Seller shall bear cost of packing unless otherwise provided.
Goods shall be suitably packed to secure lowest transportation costs and to conform with
requirements of common carriers and any applicable specifications. Buyer's count or weight
shall be final and conclusive on shipment not accompanied by packing lists.
2. SHIPMENT UNDER RESERVATION PROHIBITED: Seller is not authorized to ship the Goods
under reservation and no tender of a bill of lading will operate as a tender of goods.
3. TITLE AND RISK OF LOSS: The title and risk of loss of the Goods shall not pass to the Buyer
until the Buyer actually receives and takes possession of the Goods at the point or points of
delivery.
4. DELIVERY TERMS AND TRANSPORTATION CHARGES: F.O.B. Destination Freight Prepaid
unless delivery terms are specified otherwise in the bid; Seller shall pay for the transportation
costs.
5. NO PLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of Goods must fully
comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is
made which does not fully conform, this shall constitute a breach and Seller shall not have the
right to substitute a conforming tender, provided, where the time for performance has not yet
expired, the Seller may seasonable notify Buyer of his intention to cure and may then make a
conforming tender within the contract time but not afterward.
6. PLACE OF DELIVERY: The place of delivery shall be that set forth on the purchase order or in
any other written designation by Buyer. The terms of this agreement are "no arrival, no sale."
7. RIGHT OF INSPECTION: Buyer shall have the right to inspect the goods at delivery before
accepting them.
8. REJECTION OF GOODS: It is agreed that if Buyer rejects any of the goods sold pursuant to this
agreement, Buyer's only duty shall be to seasonably notify Seller of the rejection and hold the
goods for the disposition of Seller, and it is agreed that under no circumstances shall Buyer be
required to resell the rejected goods or incur the cost to deliver same to Seller.
9. GRATUITIES: The Buyer may, by written notice to the Seller, cancel this contract without liability
to the Seller if it be determined by the Buyer that gratuities, in the form of entertainment, gifts, or
otherwise were offered or given by the Seller, or any agent or representative of the Seller, to any
officer or employee of City of Coppell with view toward securing the contract or securing
favorable treatment with respect to awarding or amending, or the making of any determination
with respect to the performing of such a Contract. In the event this Contract is canceled by Buyer
pursuant to this provision, Buyer shall be entitled in addition to any other rights and remedies, to
recover and withhold the amount of the cost incurred by the Seller in providing such gratuities.
10. SPECIAL TOOLS AND TEST EQUIPMENT: If the price stated on the face hereof includes the
cost of any special tooling or any special test equipment fabricated or required by Seller for the
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 24
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
purpose of filling this order, such special tooling equipment and any process sheets related
thereto shall become the property of the Buyer and to the extent feasible shall be identified by the
Seller as such.
11. WARRANTY - PRICE:
a. The price to be paid by the Buyer shall be that contained in the Seller's bid which Seller
warrants to be no higher than Seller's current prices on orders for products of the kind
and specification covered by the agreement for similar quantities under similar or like
conditions and methods of purchase. In the event Seller breaches this warranty, the
prices of the items shall be reduced to the Seller's current prices on orders by others, or
in the alternative, Buyer may cancel this contract without liability for breach or Seller's
actual expense.
b. The Seller warrants that no person or selling agency has been employed or retained to
solicit or secure this contract upon an agreement or understanding for commission,
percentage, brokerage, or contingent fee excepting bona fide established commercial or
selling agencies maintained by the Seller for the purpose of securing business. For
breach of violation of this warranty, the Buyer shall have the right in addition to any other
right or rights to cancel this contract without liability and to deduct from the contract price,
or otherwise recover the full amount of such commission, percentage, brokerage or
contingent fee.
12. WARRANTY - PRODUCTS: Seller shall not limit or exclude any implied warranties and any
attempt to do so shall render this contract voidable at the option of the Buyer. No such attempts
to limit, disclaim or exclude any warranties, whether of fitness, merchantability or otherwise, by
Seller shall be binding or effective. Seller warranties that the Goods furnished will conform to the
specifications, drawings, and descriptions listed in the bid invitation and to the sample(s)
furnished by Seller, if any. In the event of a conflict between the specifications, drawings, and
descriptions, the specifications shall govern.
13. SAFETY WARRANTY: Seller warrants the product sold to the Buyer shall conform to the
standards promulgated by the U.S. Department of Labor under the Occupational Safety and
Health Act of 1970. In the event that the products do not conform to OSHA standards, Buyer
may return the product for correction or replacement at the Seller's expense. In the event that
Seller fails to make the appropriate correction within a reasonable time, any correction made by
Buyer will be at Seller's expense.
14. NO WARRANTY BY BUYER AGAINST INFRINGEMENTS: As part of this contract for sale,
Seller agrees to ascertain whether goods manufactured in accordance with the specifications
attached to this agreement will give rise to the rightful claim of any third person by way of
infringement or the like. Buyer makes no warranty that the production of goods according to the
specifications will not give rise such claim, and in no event shall Buyer be liable to Seller in the
event that Seller is sued on the grounds of infringement or the like. If Seller is of the opinion that
an infringement or the like will result, he will notify Buyer to this effect in writing or the like, within
two weeks after the signing of this agreement. If Buyer does not receive notice and a claim is
asserted or Buyer is subsequently held liable for the infringement or the like, Seller will indemnify,
defend and save Buyer (harmless. If Seller in good faith ascertains that production of the goods
in accordance with the specifications will result in infringement or the like, this contract shall be
null and void except that Buyer will pay Seller the reasonable cost of his search as to
infringements.
15. YEAR 2006 COMPLIANT: The Goods shall in all respects be compatible with the year 2006
and shall not in any way require adjustment, revision, reconfiguration or modification upon the
year 2006. Seller warrants that the Goods are fully year -2006 compliant.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 25
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
16. CANCELLATION: Buyer shall have the right to cancel for default on all or any part of the undelivered
portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller
becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in
lice of any remedies which Buyer may have at law or equity. The Buyer may for any reason whatsoever
terminate performance under this Contract by the Seller for convenience at any time. The Buyer shall give
notice of such termination to the Seller specifying when termination becomes effective. Goods received
but unopened or unused shall be made available to Seller for delivery. Buyer will, in the event of
termination, remit such sums to Seller as may be due only for those Goods retained by Buyer.
17. FORCE MAJEURE: If by reason of Force Majeure, either party hereto shall be rendered unable
wholly or in part to carry out its obligation under the Agreement, then such party shall give notice
and full particulars of Force Majeure in writing to the other party within a reasonable time after the
occurrence of the event or cause relied upon, and the obligation of the party giving such notice,
so far as is effected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, except as hereafter provided, but for no longer periods and such party shall
endeavor to remove or overcome such inability with all reasonable dispatch.
The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other
industrial disturbance, act of public enemy, orders of any kind of government of the United States
or State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of
government and people, civil disturbances, explosions, breakage or accidents to machinery,
pipelines, or canals, or other causes not reasonably within control of the party claiming such
inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely
within the discretion of the party having the difficulty, and that the above requirements that any
Force Majeure shall be remedied with all reasonable dispatch shall not require the settlements of
strikes and lockouts by exceeding to the demands of the opposing party or parties when such
settlement is unfavorable in the judgment of the party having the difficulty.
18. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned or
delegation of any obligation made by Seller without the written permission of the Buyer. An
attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all
purposes unless made in conformity with this paragraph.
19. MODIFICATIONS: This contract can be modified or rescinded only in writing signed by both
parties or their duly authorized agents.
20. WAIVER: No claim or right arising out of a breach in contract can be discharged in whole or in
part by a waiver or renunciation of the claim or right unless the waiver or renunciation is
supported by consideration and is in writing signed by the aggrieved party.
21. INTERPRETATION - PAROLE EVIDENCE: This writing is intended by the parties as a final
expression of their agreement and is intended also as a complete and exclusive statement of the
terms of their agreement. No course of prior dealings between the parties and no usage of the
trade shall be relevant to supplement or explain any term used in this agreement. Acceptance or
acquiescence in a course of performance rendered under this agreement shall not be relevant to
determine the meaning of this agreement even though the accepting or acquiescing party has
knowledge of the performance and opportunity for objection. Whenever a term defined by the
Uniform Commercial Code is used in this agreement, the definition contained in the Code is to
control.
22. APPLICABLE LAW: This agreement shall be governed by the Uniform Commercial Code.
Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the
Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date
of this agreement.
CITY OF COPPELL - PURCHASING DEPARTMENT - 255 PARKWAY BOULEVARD - COPPELL, TEXAS 75019 Page 26
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
23. ADVERTISING: Seller shall not advertise or publish, without Buyer's prior written consent, the
fact that Buyer has entered into this contract, except to the extent necessary to comply with prior
requests for information from an authorized representative of federal, state or local government.
24. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to
question the other party's intent to perform he may demand that the other party give written
assurance of his intent to perform. In the event that a demand is made and no assurance is
given within five (5) days, the demanding party may treat this failure as an anticipatory
repudiation of the contract.
25. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer or employee
shall have a financial interest, direct or indirect, in any contract with the City, or be financially
interested, directly or indirectly, in the sale to the City of any land, materials, supplies, or services,
except on behalf of the City as an officer or employee. Any knowing and willful violation of this
section shall constitute malfeasance in office, and any officer or employee guilty thereof shall
forfeit his office or position. Any violation of this section with the knowledge, express or implied,
of the person or corporation contracting with the governing body of the City shall render the
contract involved voidable by the City Manager or the City Council.
26. ENTIRE AGREEMENT: This Contract, and all Specifications and Addenda attached thereto, constitute
the entire and exclusive agreement between the Buyer and Seller with reference to the Goods. Specifically,
but without limitation, this Contract supersedes any bid documents and all prior written or oral
communications, representations and negotiations, if any, between the Brryer and Seller not expressly made
a part hereof.
27. INDEMNITY AND DISCLAIMER: BUYER SHALL NOT BE LIABLE OR RESPONSIBLE FOR,
AND SHALL BE INDEMNIFIED, HELD HARMLESS AND RELEASED BY SELLER FROM AND
AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITY OF
ANY CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES FOR INJURY OR DEATH TO ANY PERSON, OR
INJURY OR LOSS TO ANY PROPERTY, RECEIVED OR SUSTAINED BY ANY PERSON OR
PERSONS, INCLUDING THE SELLER, OR PROPERTY, ARISING OUT OF, OR OCCASIONED BY,
DIRECTLY OR INDIRECTLY, THE PERFORMANCE OF SELLER UNDER THIS CONTRACT,
INCLUDING CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF BUYER, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL
IMMUNITY AVAILABLE TO THE BUYER UNDER TEXAS LAW AND WITHOUT WAIVING ANY
DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS
INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT
INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY
OTHER PERSON OR ENTITY. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS
AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS CONTRACT IS AN INDEMNITY
EXTENDED BY SELLER: TO INDEMNIFY AND PROTECT BUYER FROM THE CONSEQUENCES
OF THE SELLER'S AS WELL AS THE BUYER'S NEGLIGENCE, WHETHER SUCH NEGLIGENCE
IS THE SOLE OR PARTIAL CAUSE OF ANY SUCH INJURY, DEATH, OR DAMAGE. IN
ADDITION, CONTRACTOR SHALL OBTAIN AND FILE WITH OWNER CITY OF COPPELL A
STANDARD CERTIFICATE OF INSURANCE AND APPLICABLE POLICY ENDORSEMENT
EVIDENCING THE REQUIRED COVERAGE AND NAMING THE OWNER CITY OF COPPELL AS
AN ADDITIONAL INSURED ON THE REQUIRED COVERAGE.
28. GOVERNING LAW: The Contract shall be governed by the laws of the State of Texas. Venue for any
causes of action arising under the terms or provisions of this Contract or the Goods to be delivered
hereunder shall be in the courts of Dallas County, Texas.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 27
BID Q- 0906 -01 CLEANING AND COATING OF EXISTING CONCRETE SURFACES
29. SUCCESSORS AND ASSIGNS: The Buyer and Seller bind themselves, their successors, assigns and
legal representatives to the other party hereto and to successors, assigns and legal representatives of such
other party in respect to covenants, agreements and obligations contained in this Contract. The Seller shall
not assign this Contract without written consent of the Buyer.
30. SEVERABILITY: The provisions of this Contract are herein declared to be severable; in the event that
any term, provision or part hereof is determined to be invalid, void or unenforceable, such determination
shall not affect the validity or enforceability of the remaining terms, provisions and parts, and this Contract
shall be read as if the invalid, void or unenforceable portion had not been included herein.
31. NOTICES: All notices required by this Contract shall be presumed received when deposited in the mail
properly addressed to the other party at the address set forth herein or set forth in a written designation of
change of address delivered to all parties.
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 28
EXECUTED this _ day of
SELLER:
A
ii'gnat e
(Type /Print Name and Title /Position
16.5--vol m 2b.�N ---'-tAtNp
(Address)
c C� j - i 0v�i -
(City, State, Zip) �—
(City Manager)
CITY OF COPPELL • PURCHASING DEPARTMENT • 255 PARKWAY BOULEVARD • COPPELL, TEXAS 75019 Page 29
Amount Contract
$98,500.00
$13,000.00
EXPERIENCE RECORD
SIMILAR PROJECTS BIDDER SUCCESSFULLY COMPLETED WITHIN PAST TWO (2) YEARS
Type Work
abrasive blast and
paint interior of two
(2) 250,000 gallon
sphere water towers
and install handrail
system to top of tank
spot tool clean paint
exterior of 175000
gallon ground tank
and install drop gate
to existing cage
ladder.
Date Accepted Name & Phone # Owner
Aug -05 Greenville Federal Correction Institute,
Greenville, IL., Lynette Harris Supervisory
Contract Specialist (618) 664 -6200
Jul-06 Bedminister Municipal Authority, Bedminister
PA. Dawn Cook administrator (215) 249 -
3320. Pennonni
Associates Inc. Frank A. Ciufo,
PE (215) 345 -4591
EXPERIENCE RECORD
SIMILAR PROJECTS BIDDER SUCCESSFULLY COMPLETED WITHIN PAST TWO (2) YEARS
Amount Contract Type Work Date Accepted Name & Phone # Owner
$24,250.00 abrasive blast and Aug-06 City of Beaver Creek, MN. (507) 673 -2266
paint interior and Dewild Grant Reckert Consulting Engineers
exterior of a 50000 Donald Owens (712) 348 -1523.
gallon elevated
sphere water storage
tank.
Amount Contract
$49,000.00
bond with Goldfarb
Agency, MI. for full
amount of contract
payment and
performance.
Similar Projects Bidder in process of completing
Type Work
abrasive blast and
paint interior wet area
and exterior of
150000 gallon sphere
tank.
Date finish ?
Sep-06
Name, address owner
City Dell Rapids, 302 E 4th S_ t_re_ e_ t_
Dell Rapids, SD 57022
I
Amount Contract
$35,000.00
bond with western
surety for full amount
of contract payment
and performance.
$39,500.00
bond with western
surety for full amount
of contract payment
and performance.
Similar Projects Bidder in process of comp acing
Type Work
abrasive blast and
paint exterior of
300000 gallon
standpipe.
abrasive blast and
paint interior of
300000 gallon
elevated storage tank
and install 2W'
catwalk level
manway.
Date finish Name, address owner
Oct-06 City of Akron, IA. 220 Reed St
P. O. Box 318
Akron, IA 51001
spring of 2®®f Dakota County Rural Water System
Papio - Missourl Natural Resources
District8901 South 154th Street, Omaha, NE,
68138