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WA0002-CN040615DALLAS COUNTY PUBLIC WORKS CDBG FY 2002 COPPELL FIRE HYDRANTS & WATER MAINS BID NO. 2004-070-1491 TAB?.~. OF CONTENTS PROPOSAL DOCUMENTS NOTICE TO CONTRACTORS PROPOSAL FORMS PAYMENT AND PERFOP/,IANCE BONDS COIv£KACT MINORITY/WOMEN BUSINESS ENTERPRISE SPECIFICATIONS CONTRACT DOCUMENTS NOTICE TO CONTRACTORS GENERAL PROVISIONS AND REGULATIONS INDEX OF GOVERNING STANDARD SPECIFICATIONS, PROVISIONS AND SPECIAL SPECIFICATIONS SPECIAL PROVISIONS TO THE GOVERNING SPECIFICATIONS SPECIAL SPECIFICATIONS GENERAL NOTES PROJECT INFORMATION SIGN SPECIFICATIONS SPECIAL REVISED NOTICE TO CONTRACTORS DAIJ,AS COUNTY CDBG CONSTRUCTION Sealed proposals (original and one copy) addressed to County Judge and Commissioners Court for construction of the CDBG (Community Development Block Grant) Program FY 2002 Coppell Fire Hydrants & Water Mains Project in the City of Coppell, Dallas County, Texas, will be received at the office of the Dallas County Purchasing Agent at Room 623 Dallas County Records Building, 6th Floor, 509 Main Street, Dallas, Texas, until Two o'clock, P.M., Monday, April 26~ 2004, and then publicly opened and read. DESCRIPTION OF WORK TO BE DONE Installation of 1,000 l.f. of 8-in.' and 40 l.f. of 6-in. water mains, 3 fire hydrants, and related appurtenances, in Coppell, Dallas County, Texas, for the Golden Triangle Mobile Home Park. There are 60-calendar days allocated for the total project. A PRE-BID CONFERENCE will be held on Tuesda¥~ April 13, 2004, at 2:00 PM in the Public Works Conference Room, 4~ Floor, Dallas County Adiminstration Building, 411 Elm Street, Dallas, Texas. Detailed plans and specifications of the work may be obtained for a $25.00 NON-REFUNDABLE FEE at the office of the County of Dallas Director of Public Works at 411 Elm Street, 4th Floor, Dallas, Texas. Documents may be obtained by mail upon receipt of a separate check in the additional amount of $10.00, which is NON-REFUNDABLE for postage or handling charges. I__f the bidder elects to have a courier service pick up plans and contract documents, the courier MUST provide Dallas County with a contact person, phone number~ and fax number for the bidder on the bidder's letterhead with the proper mailing address indicated. IF YOU ARE A SUB-CONTRACTOR TO THE LOW BIDDER, YOU MUST NOTIFY THE PUBLIC WORKS OFFICE AT 214-653-7153. A certified check, cashier's check, or Bidder's Bond for five percent (5%) of the amount of the bid, made payable without recourse to the order of the County of Dallas, Texas, must accompany each proposal (original and one copy), as a guaranty that the bidder, if successthl, will enter into a contract and make bond in accordance with the requirements of the specifications. The right is reserved by Dallas County to reject any and all proposals or to waive any irregularities in the bid proposal when in the best interests of the County. Proposals (original and one copy) shall be submitted in sealed envelopes marked "Bid No. 2004- 070-1491 for the Construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains Project". All bids received will be retained by Dallas County and will not be returned to bidders. -! -I I DALLAS COUNTY CDBG CONSTRUCTION PROPOSAL TO Count~ ]'udge and Commissioners Court for Constru~on of CDBG FY' 2002 Cop.ocli Fire Hydrant~ ~ project in the City of Coppell, Dsll~_~ County, Texas, in the Golden Triangle Mobile Home Park. The undersigned, as bidder. , deelare~ that the only persons or parties interested ih this proposal as principals are those herein named', that this proposal is made without collusion with any other person, firm or eorpord~ion~ that he hag carefully examined the form of contract; instruction to bidders, profiles, grades, specifications, and the plans therein referred to, and hi5 carefully examined the location, conditions and classes of materials of the proposed work; and agree that he will provide all necessary machinery, tools, apparatus, and other means of construction, and will do all the work and furnish all materials called for in the contract and specifications, in the manner prescribed therein and according to the requirements of the Engineer as therein set forth, It is understood that the following quantities of work to be done are approximate only, and are intended to serve as a guide in figuring out the bids. It is further agreed that the quantities of work to be done and materials to be furnished may be increased or diminished as. may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, wh~ether increased or diminished are to be performed at the unit prices set forth below excq>t as pro~ided for in the specifications. NOTE: : Unit prices must be given on each item checked in the following schedule, regardless of whether quantities are shown, and should any items be omitted, the right is reserved to apply the lowest prices submitted by other bidders in payment of work done under this proposal. The undersigned agree~ and pl.edgesF-qi~ themselves to complete the work in full in 60 calendar days. Time to start within seven~fi-'(7~days after receipt of W6rk Order from Director of Public Works. The bond, given by the undersigned, in the amount of ~°t/o C~/4/3 dollars, ($ ) to secure a proper compliance with the terms and provisions of this contract, and to insure and guarantee the work until final completion and acceptance, is hereto attached and made a part hereof. Received (THU)APR~2-"[~4 12:15 Accompanying this proposal is a certified check or Bidder's Bond payable to the order of the County Judge of Dallas County, for: ~g> O-~ ~ ~gaxrt~T ,~(/LrffT Avt]O' dollars, ($., ). Said check to be returned to the bidder unless in case of the acceptance 1 1 1 I ! 1 1 1 ! of the proposal _he_ shall fall to execute a contract and file a bond within seven (7) days. of its acceptance, in which case the check is to become the property of said County and is to be considered as payment for damages due to delay and other inconveniences suffered by said County on account of the bidders's failure to execute contract, it is understood that the County of Dallas, Texas, reserves the.right to rejectany and all bids. The work to be done shall be accepted when fully completed to the entire satisfaction of the County Director of Public Works and after having been subject to use for a period of not less than thirty (30) days. The undersigned wishes to list additional work of a similar character completed by him: SIGNED: NOTE Signatures to comply with Paragraph 2.4 of these specifications. PROPOSALFORM _ HecelYed IMU/A~ 22 2004 Received (IHU)APR 22 2004 12:17 4ece~ved (tHU)^?R 22 2004 12:17 ece~veO ~IHU/A~R 22 2UU4 12:18 _ ~ecel.ved IIHU)APR 22 2004 12:18 Received (THU)APR 22 2004 12:18 ~eceived (THU)APR 22 2004 12:19 PAYMENT AND PERFORMANCE BONDS DAI,I,AS COUNTY CDBG CONSTRUCTION CONTRACTOR'S PAYMENT BOND Bond No. 1007294 North Texas KNOW ALL MENBY THESE PRESENTS, that Contracting, Inc. Contractor(s) Of 4999 Keller Hasler Rd., Keller, TX Tarrant County, and State of Texas, as Principal and Arch Insurance Company as Surety, are held and firmlY bound unto the County of Dallas, State of Texas, obligee, in the penal sum of One Hundred Seventy Five Thousar}dx [q~ ,v- -/.v nm Dollars; lawful ~noney of thc United States, to be paid to said County or its certain attorneys or assigns, for which sums of money, well and truly to be paid, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ~ day of ,JO~ ,200~, for construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project which contract is hereby referred to and made a part hereof as fully~and to the same as if coPied at length herein. NOW THEREFORE, the condition of this obligation is such that if the said bounden Principal North Texas Contracting, Inc. shall pay all claimants supplying labor and materials to him or a sub-contractor in the prosecution of the work, provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal(s) and Surety(ies) have signed and sealed this instrument this 154'~- dayof ,,]os~ ,20t, l~. Done in the presence cC North Texas Contracting, Inc. Principal Arch Insurance Company BY: c:~'?~ :::~/O_,.~.~a~'j ~ ./ Corporate Surety 2711N. Haskell Ave., Suite 800 Address Dallas. TX 75204 City/State 214/989-0nnn Phone BY: Robbi Morales Attorney in Fact Bond No. 1007294 DALLAS COUNTY CDBG CONSTRUCTION North CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY -- THESE PRESENTS, that ~xl~t~a~t~a~ing, Inc. T~arra'r,t County, and State of Texas, as Principal and Arch Insurance Company as Surety, are held and firmly bound Unto the County of Dallas, State of'Texas, obligee, in the penal sum of One Hundred Seventy Five Thousand. ~$ . F~,ze nt,,~,~r,',t ~',~'ty g~'-,~,~ nn.-1 W~/~t3 ....... I, 17'~.547.00 ) DOllars, lawful money of the United States, to be paid to said County or its certain attorneys or assigns, for which sums of money, well and'truly to be paid, we bind ourselves, our heks~ successors, executors and administrators, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the '~ day of ~J~ ,200~, for construction of CDBG FY 2002' Coppell Fire Hydrants & Water Mains project which contract is hereby referred to and made a part hereof as fully and to the same as if copied at length herein. NOW,TI-IEREFORE, the condition of this obligation is such that if the said bounden principal North Texa$ Contracting. Inc. shall in all things well and truly perform the work in accordance with the plans and specifications and terms and conditions of the foregoing contract, to be by them performed and within the time therein mentioned, then this obligation shall be void; otherwise to remain in full force and effect. This Bond shall provide for the repair, and for maintenance attendant thereto, of all defects due to faulty materials, workmanship, defects, and failures that may appear within a period of two (2) years from the date of completion and acceptance of the Work by the Commissioners Court, or such other period of time as may be designated by the "Special Provisions". PROVIDED HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. 1N WITNESS WHEREOF, the Principal(s) and Surety(ies) have signed and sealed this instmment this t~x~ day of .Jo ~ ,200/~. Done in the p~'esenee oi~ North Texas Contracting, Inc. Principal Arch Insurance Cpmpany BY: Corporate Surety 2711 N. Haskell Ave., Suite 800 Address Dallas, TX 75204 214/989-0000 City/StYe Phone BY: Robbi Morales Attomeyin Fact POWER 'OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having ts principal office in Kansas City, Missouri (hereinafter referred {o as {he "Company") does hereby appoint -- Don E. Cornell, Lisa M. Bonnot, Jerry P, Rose, Robbi Morales, Chris J. Kutter and~' Luke J. Nolan Jr. of Dallas, TX (EACH) · _ Its true and lawful Afforney(s)-in~act, to make, execute, seal, and deliver from the dat6'0f ISsuanc~ of this pdWer for and on its behalf es surety, and as its act and deed: Any and all bonds and undertakings _ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split In[o two or more bonds in order to bring each such bond -- within the dollar limit of authority as Set forth ;bereln. The Company may revoke this appo ntment at any time. The execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said Company as tully and amply to all intents and purposes, as If the same had been duly executed and acknowledged by Its regularly elected officers at its principal offioa in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on Mamh 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, .or any Vice President, or their appointees designated In writing _ and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and atterneys-in-fact, and to authorize them to ex~.ute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such _ officers of the Company may appoint agents for acoaptance of process." ~ This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by.ttl.e.ut~anlm(~)o$.con~e.n~t .of th~ Board of D rectors of the Company on March 3, 2003: ~',~.~.,~ ,. , ,. ,~.-,,,',, ~,.. VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and _ corllfloati[~ns by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of DireCtOrs On March 3, 2003, and any such power so executed, sealed and certified With respect to anybond or undertaking to which It is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 -- Page t of 2 Printed In U,8,A, In TeStimony Whereof, the Company has caused this instrument to be Signed and Its corporate seal to be affixed by thetr authorized officers, this 27th day of February ,20 04 Arch insurance Company AtteSted and Certified President STATE OF PENNSYLVANIA SS coUNTY OF PHILADELPHIA SS I, Kate Maminkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same parsons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized Signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. Kathl~en Marctnk~Js, ~,lotary Public My commission expireS 2-25-06 CERTIFICATION ' KATHLEEN MARCINKUS, .l',19,tary Pd011c City of Philadelphia, Phila. County J My Commission Exoires._=_. February 25, 2006 I, Edward M. Titus, ~Vlca President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated Februarv 17"' .2004. on behalf of the person(s) es llsted above ls a true and correct copy and that the same has been in full force and effect since the date thereof and Is in.full force and effect on the date of this certificate; and I do further certify that the said M.ary Jeanne Anderson, who ex .e~ut.ed ~.e Power..of .Att.o.m. ey. as. ~ Pres_k:l~e~_t, ~.on the date of execution of the attad'~ed Power of Attomey the duly elec~ecl vine pres aero o~ me Arco ,nsuranco ~,ompa y. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insur~ce Company on this day of ,20 ~ Power of Attorney limits the acts of those named' therein to the bonds and undertakings speu-'lflcally named .therein and they have no authority tO .bind the Company except In the manner and to the extent herein stated. Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed In U.S.A. ARCH Insurance Company NOTICE - DISCLOSURE OF TERRORISM PREMIUM In accordance with the Termdsm Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Amh Insurance Company Is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act Is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATiON IN PAYMENT OF TERRORISM LO88E8 The United States will pay ninety percent (90%) of covered terrorism losses exceeding ther applicable Insurer deductible. ARCH Insurance Company ARCH SuretT TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may contact the claims department of Arch Insurance Company, as provided below: Arch Insurance Company Attention: Mary Jeanne Anderson 3 Parkway Suite 1500 Philadelphia, PA 19102 1-800-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149104 Austin, TX. 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed. 4/03) Printed in U.S.A. CONTRACT DALLAS COUNTY CDBG CONSTRUCTION CONTRACT This agreement, made purs~uant to Court Order No. Zt;:i:g[~- ~'~ dated the ~ day of ,~ld~.,~ ,20~ 15~r~ , by and between Dallas County, Texas; represented by its County J.ud~ge and Commissioners Court, Party of the First Part, and ~ 111~O4: ~Je~hereinaRer called the Contractor, his their executor, administrator, heirs, successors or assigns, Party of the Second Part: WlTNESSETH that WHEREAS, the Dallas County, known as the Party of the l~irst Part, desires to contract for the construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project in the said Dallas County, in accordance with the provisions of the State Statutes and of the Notice to Contractors, Specifications, Proposal and Plans marked n/a annexed thereto, and made a part hereof, and WHEREAS, the Party of the Second Part has beep engaged in and now does such Work and represents that he is fully equipped, competent and capable of performing the above described and outlined Work, and is ready and willing to perform such Work in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans, marked n/a. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the aforesaid parties hereto that for and in consideration of the prices and agreement mentioned in the proposal hereto attached and made a part of this Contract, the said Contractor agrees to do, at his own proper cost and expense, all the Work necessary for the construction of CDBG FY 2002 Coppell Fire Hv'drants & Water Mains project in Dallas County, in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans which are all hereby made a part of this Contract, and in full compliance with all of the terms of the Specifications and the requirements of the Engineer. The said Contractor further agrees to begin Work on or before ~J'~"t ~ ,200~nd to complete same in 60 calendar days. / And said County, in consideration of the full and true performance of the said Work by said Contractor, hereby agrees and binds itself to pay to said Contractor the prices set forth in the attached Proposal. and in the manner provided in the attached Specifications. The Contractor EXPRESSLY WARRANTS that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder, and that he has not, in estimating the contract price demanded by him, included any sum by reason of any such brokerage, commission or percentage; ~ind that all monies payable to him hereunder are free from all obligations of any other person or services rendered, or supposed to have been rendered, in the procurement of this contract, The Contractor ,further agrees that any break of this warranty shall constitute adequate cause for the annulment of this contract by the Party of the First Part and that the Party of the First Part may retain for its own use from any sums due or to become due thereunder an amount equal to any brokerage, commission, or percentage so paid or agreed to be paid. IN WITNESS WHEREOF, the Parties hereto have set their hands on this the I .~,~10_ day of ,20 . APPROVED: DALLAS COUNTY, TEXAS Party of the First Part: C Y JUDGE Party of the Second Part: MINORITY / WOMEN BUSINESS SPECIFICATIONS FOR BID DAI,LAS COUNTY COMMISSIONERS COURT MINORITYfWOMEN BUSINESS SPECIFICATIONS TE. O~ IRVIN HICKS M/WBE COORDINATOR (214)653-6018 MINORITYfWOMEN BUSINESS SPECIFICATIONS FOR BIDs/RFps I. POLICY STATEMENT Dallas County is wholly committed to developing, establishing, maintaining, and enhancing minority involvement in the total procurement process. It is the policy of Dallas County to involve qualified minority/women-owned businesses to the greatest extent feasible in the County's procurement of goods, equipment, services, and construction projects. The County, its contractors, their suppliers and subcontractors, and vendors of goods, equipment services, and professional services shall not discriminate on the basis of race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. However, ~ompetifion and quality of work remain the ultimate "yardstick" in contractor, subcontractor, vendor, service, professional service, and supplier utilization. All vendors, suppliers, professionals, and contractors doing business or anticipating doing business with Dallas County shall support, encourage, and implement affirmative steps toward our common goal of establishing equal opportunity for all citizens of Dallas County. II. REQUIREMENT OF ALL BIDDERS Each fuTn responding to this solicitation shall be required to submit with their bid information regarding minority/women business participation in this project. This would include: Check upon completion (forms at~ached): [ ] 1. Compliance with Dallas County's Good Faith Effort Policy. [ ] 2. MBE/WBE Participation Report Form. [ ] 3. A Letter of Assurance A or a Letter of Assurance B. [ 1 4. MBE/WBE Identification. [ ] 5. Vendor Statistical Repor~ (must also be submitted on subcontractors ~with 20% or more of the [ ] 6. Dallas County MJWBE Payment Report. Note In the event lhat the awarded vendor is authorized to subcontract and commits effort Io utilize minority and/or women owned businesses as subcontractors, the name, address and telej~hone number of the actual subcontractor(s) with actual dollar awards to these subcontractors must be submitted to the Purchasing Department within frye (5) working daysafterbidsareopened. Onceworkcommences, theawardedvendorOrime contractor) must submit an M/WBE subcontractor status payment report (attached) with each payment invoice before payments will be authorized for release. 10F7 I I I I i 1 1. GOOD FAITH EFFORT Prior to an award, all bidders/proposers Will be required to document a "Good Faith Effort" to secure minority/women-owned businesses as subcontractors/subconsultants. In the case of some construction projects, this documentation may be submitted after award of the contract, for those subcontract areas occurring later in the construction process. However, if the successful bidder does not document a "Good Faith Effort" in secmSng minority/women-owned businesses, a representative of the company must appear before the Dallas County Commissioners Court and explain the situation and answer any questions raised by the Court. Fulfillment of the "good faith effort" can be accomplished by: 1. Attendance of pre-bid/pre-proposal conference, as scheduled by the County. Efforts to follow-up initial solicitation of interest by contacting minority/women-owned from to determine with certainty whether these firms are interested. Efforts made to select portions of thc work proposed to be performed by minority/women- owned firms in order to increase the likelihood of achieving participation (including, where appropriate, breakdown of subcontracts into economically feasible units to facilitate participation). Documenting each minority/woman-owned lmm contacted, the conclusion or decision regarding inclusion and reasons for the conclusions. Efforts to assist the minority/women-owned firms contacted that needed assistance in obtain/ag bonding, lines of credit or insurance. 6. Efforts that demonstrate that the contractor effectively used the services of available community organizations, contractor's groups, local, state and federal small businesses, minority/women business assistance offices and other organizations that provide assistance and placement of minority/woman-owned businesses. Title: ~ Date: 20F7 - Minority/Women Business Specification [3.] LETTERS OF ASSURANCE Letter Of Assurance "A" The undersigned bidder/proposer hereby assures that our finn will meet or exceed submitled M/WBE goals and shall demonstrate and document a Good Faith Effort to comply with the Dallas County Minority and Womun-Owned Business Enterprises ia suba0ntraet/subconsultant awards. The undersigned further agrees that any deviation from the initial goals will be done so only with the concurrence of Dallas County. Name Of Company '~ / ' Sig~, a/~r, e Title (Officer of firm) Date O._rr Letter Of Assurance "B" The undersigned bidder/prop?sar hereby certifies that our firm will perform the eentraat: L_] with our own work forces, and submit information sufficient to demonstrated that it is our normal'business practice to do so. or ill without the services ofM/WBE subcontraotors/subconsultants. The undersigned further submits Glee documented attempt(s). iName Of Company Signature Title (Officer of firm) Dace NOTE: Each propoxer will be required W sign one of the above letters of assurance which should be returned with proposal [4.] PRIME CONTRACTOR MBE/WBE IDENTIFICATION Minority Business Enterprise (IvlBE} - The bidder/proposer represents that it: L] is, [~] is not a minority-owned business, NCTRCA* # Women Business Enterprise (WBE) - The bidder/proposer represents that it: L] is, [~ is not a women-owned business, NCTRCA* # NCTRCA North Central Texas Regional Certification (must be certified, by) DALLAS COUNTY' M.a.LE TOTAL 4.5 17 ltl OTHER COURT ORDER ORDER WO. DATE ,JUN - 8 200/ STATE OF TEXAS COUNTX OF DALLAS BE IT REMEMBERED, at a regular meeting of the Commissioners held on the 8th day of June John Wiley Price, O~m~issioner of District No. 3 Court of Dallas County· Texas· · 2004, on motion made by · and seconded by MiKe Cantrell~ C~m&ssioner of District No. 2 the following order was adopted: WHEREAS, the mat~er set forth below was briefed today bcforo Comrai~iun~s Court on June 8, 2004; and WHEREAS, fimdiag for desiga eed coastructiun in the amount of $94,316.00 of which $74,111 is availab!e for construotlun was approved for the CDBG Coppell Fire Hydnmts & Water Mains project in FY 2002 and 2003 for the installation of 8' and 6" water mains complete with tiLrec hydrants for the City of Coppell Golden Triangle Mobile Home Park in District No. 4; and bids were received for the project un April 26, 2004, with North Texas Contracting, Inc., submitting the best and lowest bid in the amount of $175,547.00; and a shortfall of $101,436.00 will require fuading from the City of Coppell to construct the project via aa executed Inter-Local Agrecm~nt betwe~a Dallas County and the City of Coppoll ~'tablishiag a Dallas Couaty esS'Ow account subject to th~ City of Coppell's approval of funding the $101,436.00 shortfall at the June 8, 2004 City Council meeting; and %VII~REAS, a ~pom fxom thc l%finority/Women Owned Busincss Enterp~sc Offic~ was attached in thc Briefing Memorandum; and WHEREAS, thc Dir~tor of Public Works and the DLn~otor of Pla--;-g & l)~velopmunt concur with the bid amount and ro'~ommand a construction contract be awarded to Nm'th Texas Contracting, Inc., in the amotmt of $175,547.00 contingent upon the City of Coppcll's approval at the June 8, 2004 City Council meeting of funding the $101,436.00 shortfall, and that thc County 3udge ex.ute same, FI' IS 'I'H~REFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commi~nioner~ Court that the County Judg~ is hereby authorized and dir~ted to ex.utc a consixucfion oontract with North Texas Cuntrac~ng, Inc., for the ias~dlatiun of thc CDBG Copi~ll Fi~ Hydrants & Wator Mains proj~t ia an emount not-to-exc~:nxl $175,547.00 to b~ paid from the CDBG Copl~ll funds as follows: Orecl~ No. 09326 and 09413, FY 2002 and 2003, in the emunnts of $57,532.00 and $16,579.00, res~cly, for a total CDBG funds ammmt of $74,111.00, and a Dallas County eecrow fund aecunnt for the City of Cogpell ia thc amount of $101,436.00 contingent upon thc City of Coppell's approval of funding the $101,436.00 shortfall at thc June 8, 2004 City Council meeting. DONE IN OPEN COURT, thi the 8th ?~Y of June ~~ ' ~o~nt~ ~f~dge Dis riot District 1~ For ~ol~rov~: aC.~'/ // // ~ , $~ t t / -' ' ; Do d, . Holzwarth, P.E. A/~ rI e.k Loe si)erg ' ~D~ect~r of Public Works ~' Director of planning & Develo~ DALLAS COUNTY PUBLIC WORKS .. Bid No. 2.004-070-1491 DALLAS COUNTY, TEXAS DEPARTMENT OF PUBLIC WORKS ADDENDUM NO. 1~ DATED APRIl. 21~ 2004 CDBG FY 2002 COPPELL FIRE HYDRANTS & WATER MAINS FOR BID OPENING APRIl, 26, 2004 (CHANGED) The following additions, deletions, and/or revisions to the plans, proposal, and/or specifications shall become a par~ of the contract and thereby constitute additional information and/or clarifications to bidders. Each bidder at the end of the proposal, and on the outside oftbe submitted sealed proposal envelope, shall enter a statement of receipt of any and all addenda: PLAN CHANGES 1. 'Sheet C0.2, under GENERAL NOTES FOP, WATER, MAIN CONSTRUCTION, add the following notes: 16. Contractor is to protect all trees; stria adherence to the City of Coppell's Tree Preservation Ordinance is required; trees shall not be removed without the written permission of the Dallas County Public Works Project Manager. 17. Initial sawcutting of asphalt pavement shall be subsidiary to the construction of the water mains. 18. Flowable Backfill after placement in trench shall remain protected from vehicular traffic for a minimum of 2 days prior to asphalt overlay work. 19. The intersection of Park Street, a private street, and Oak Lawn Street, a private street, simll remain open at all times for local traffic during construction with a minimum access lane width of 15' by steel plating, etc., and shall be subsidiary to the construction of the water mains. 20. Landscaping that is damaged during construction shall be replaced to original condition by the Contractor. 21. City facilities that are damaged during construction shall be repaired or replaced to original condition by the Contractor. 411 Elm Street, 4t~ Floor Dallas, Texas 751102 214-653-7151 Fax 214-653-6445 Sheet C0.2, under SUMMARY OF ESTIMATED QUANTITIES - WATER MAIN, add Item Numbers 1-19, 1-20, 1-21, 1-22,1-23, 1-24, and 1-25, and their respective Descriptions, Units, and Quantities as per the attached Bid Sheets in the Proposal Form marked ADDENDUM NO. 1, APRIL 21, 2004. Sheet Cl.1, in the plan near the construction eallout note for Sta. 0+09,31 LINE "W-I", delete the "12" Bore Encasement" note; in the profile delete both "12" Bore" notes. Sheet Cl.1, in the~ plan in the "12" Haekberry, 12" Post Oak, 8" Dead Tree" construction callout note for LINE "W-I", delete the "To Be Removed" note. Sheet C4.1, revise Detail No. 2, Asphalt Pavement Removal & Replacement for LINE W-2 to read "COMPACTED #I 0 CHAT ROCK" in lieu of Compacted Crushed Stone. PROPOSAL DOCUMENT CHANGES In the REVISED NOTICE TO CONTRACTORS, in the introductory paragraph, revise as follows: "Sealed proposals (original and one copy).., will be received at the office of the Dallas County Purchasing Agent..., Monday, April 26, 2004 and then publicly opened and read." Also, in the next to last paragraph, revise as follows: "... made payable without recourse to the order of the County of Dallas, Texas, must accompany each proposal (original and one copy)..." Also, in the last paragraph, revise as follows: "Proposals (original and one copy) ..." All BID SHEETS in the PROPOSAL FORM are hereby deleted and replaced with the BID SHEETS in the PROPOSAL FORM marked ADDENDUM NO. I, APRIL 21, 2004, attached. The CONTRACTOR'S PERFORMANCE BOND is hereby deleted and replaced with the PERFORMANCE BOND, and more particularly in the fourth paragraph revise as follows: "... otherwise to remain in full force and effect. This Bond shall provide for the repair, and for maintenance attendant thereto, of all defects due to faulty materials, workmanship, defects, and failures that may appear within a period of two (2) years from the date of completion and acceptance of the Work by the Commissioners Court, or such other period of time as may be designated by the "Special Provisions". CONTRACT DOCUMENT CHANGES In the REVISED NOTICE TO CONTRACTORS, in the introductory paragraph, revise as follows: "Sealed proposals (original and one copy).., will be received at the office of the Dallas County Purchasing Agent ..., Monday, April 26, 2004 and then publicly opened and read." In the GENERAL PROVISIONS AND REGULATIONS, ITEM 2 - INSTRUCTIONS TO BIDDERS, ITEM 2.5 - PROPOSAL GUARANTY, first paragraph, revise as follows: "and payable unconditionally to the County of Dallas, Texas." Also, in the first paragraph, revise as follows: "execute the Contract, fumish the required Bonds within seven (7) days.after the award of said Contract :.." :'.-.. · In the GENERAL pROVIsIoNS AND REGuLATIONS, ITEM 3 - AWARD AND EXECUTION OF. .CONTRACT, ITEM 3.4 - SURETY BONDS AND INSURANCE, (a) performance Bond, revise as follows: "... may appear within a period of two (2) years from the date of completion..." In the GENERAL NOTES FOR WATER MAIN CONSTRUCTION, add the following notes: 16. Contractor is to protect all trees; strict adherence to the City of Coppell's Tree Preservation Ordinance is required; trees shall not be removed without the written permission of the Dallas County Public Works Project Manager. 17. Initial sawcutting of asphalt pavement Shall be subsidiary to the construction of the water mains. 18. Flowable Backfill after placement in trench shall remain protected from vehicular traffic for a minimum of 2 days prior to asphalt overlaY Work. ' 19. The intersection of Park Street, a private street, and Oak Lawn Street, a private street, shall remain open at all times for local traffic during construction with a minimum access lane width of 15' by steel plating, etc., and shall be subsidiary to the construction of the water mains. 20. Landscaping that is damaged during construction shall be replaced to original condition by the Contractor. 21.City facilities that are damaged during construction shall be repaired or replaced to original condition by the Contractor. Abel V. Saldaha, P.E. Project Manager Director of Public Works Engineering and Construction Division Donald R. Holzwarth, P.E. Director of Public Works Attachments: Revised Notice To Contractors Proposal · Proposal Form (Bid Sheets) Payment Bond Performance Bond Contract word fde: Coppelik~.dd#1 04212004 REVISED NOTICE TO CONTRACTORS DAI J,AS COUNTY CDBG CONSTRUCTION Sealed proposals ~ addressed to County Judge and Commissioners Court for construction of the CDBG (CommUnity DeVelopment Block Grant) Program FY 2002 Coppell Fire Hydrants & Water Mains Project in the City of Coppell, Dallas County, Texas, will be received at the office, of the Dallas County Purchasing Agent at Room 623 Dallas County Records Building, 6th Floor, 509 Main Street, Dallas, Texas, until Two o'clock, P.M., Monda¥~ April 26~ 2004, and then publicly opened and read. DESCRIPTION OF WORK TO BE DONE Installation of 1,000 I.f. of S-in. and 40 l.f. of 6-in. water mains, 3 fire hydrants, and related appurtenances, in Coppell, Dallas County, Texas, for the Golden Triangle Mobile Home Park. There are 6._Q-calendar days allocated for the total project. A PRE-BID CONFERENCE will be held on Tuesda¥~ April 13~ 2004, at 2:00 PM in the Public Works Conference Room, 4' Floor, Dallas County Adiminstration Building, 411 Elm Street, Dallas, Texas. Detailed plans and specifications of the work may be obtained for a $25.00 NON-REFUNDABLE FEE at the office of the County of Dallas Director of Public Works at 411 Elm Street, 4* Flo°r, Dallas, Texas. Documents may be obtained by mail upon receipt of a separate check in the additional amount of $10.00, which is NON-REFUNDABLE for postage or handling charges. I_f the bidder elects to have a courier service pick up .nlan~ and contract documents~ the courier MUST provide D~II~ County with a contact person~ phone number~ and fax mlmber for the bidder on the bidder's letterhead with the proper mailing address indicated. I~ YOU ARE A SUB-CONT~CTOR TO THE LOW BIDDER, YOU MUST NOTWY THE PUBLIC WORKS OFFICE AT 214-653-7153. A certified check, cashiers check, or Bidder's Bond for five percent (5%) of the amount of the bid, made payable without recourse to the order of the County of Dallas, Texas, must accompany each proposal {~g,~l~[&g$~/~ as a guaranty that the bidder, if successful, will enter into a contract and make bond in accordance with the requirements of the specifications. The fight is reserved by Dallas County to reject any and all proposals or to waive any irregularities in the bid proposal when in the best interests of the County. Proposals ~ shall be submitted in sealed envelopes marked "Bid No. 2004- 070-1491 for the Construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains Project". All bids received will be retained by Dallas County and will not be returned to bidders. DALLAS COUNTY CDBG CONSTRUCTION PROPOSAL · TO County Judge and Commissioners Cour~ for Construction of CDBG FY 2002 CoppeH Fire Hydrants & Water Mains project in .the City of Coppell, Dallas County, Texas, in the Golden Triangle Mobile Home Park. The undersigned, as bidder , declare that the only persons or parties interested in this proposal as principals are those herein named; that this proposal is made without collusion with any other person, firm or corporation; that he ha__ carefully examined the form of contract; instruction to bidders, profiles, grades, specifications, and the plans therein referred to, and ha carefully examined the location, conditions and classes of materials of the proposed work; and agree that he will provide all necessary machinery, tools, apparatus, and other means of construction, and will do all the work and furnish all materials called for in the contract and specifications, in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done are approximate only, and are intended to serve as a guide in figuring out the bids. It is further agreed that the quantifies of work to be done and materials to be furnished may be increased or diminished as may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contemplated, and that all quantities of work, whether increased or diminished are to be performed at the unit prices set forth below except as provided for in the specifications. NOTE: Unit prices must be given on each item checked in the following schedule, regardless of whether quantities are shown, and should any items be omitted, the right is reserved to apply the lowest prices submitted by other bidders in payment of work done under this proposal. The undersigned agree and pledge himself, themselves to complete the work in full in 60 calendar days. Time to start within seven (7) days after receipt of Work Order from Director of Public Works. The bond, given by the undersigned, in the amount of .dollars, ($. .) to secure a proper compliance with the terms and provisions of this contract, and to insure and guarantee the work until final completion and acceptance, is hereto attached and made a part hereof. Accompanying this proposal is a certified check or Bidder's Bond payabl.e to the order of the County Judge of Dailas County, for: dollars, ($ ). Said check to be returhed to the bidder unless in case of the acceptance of the proposal _he_ shall fail to execute a contract and file a bond within seven (7) days of its acceptance, in which case the check is to become the property of said County and is to be considered as payment for damages due to delay and other inconveniences suffered by said County on account of the bidders's failure to execute contract, it is understood that the County of Dallas, Texas, reserves the fight to reject any and all bids. The work to be done shall be accepted when fully completed to the entire satisfaction of the County Director of Public Works and after having been subject to use for a period of not less than thirty (30) days. The undersigned wishes to list additional work ora similar character completed by him: SIGNED: BY: ADDRESS: NOTE: Signatures to comply with Paragraph 2.4 of these specifications. PAYMENT AND PERFORMANCE BONDS DALLAS COUNTY CDBG CONSTRUCTION CONTRACTOR'S PAYMENT BOND KNOW ALL MEN BY THESE pRESENTS, that Contractor(s) of County, and State of Texas, as Principal and as Surety, are held and firmly- bound unto the County of Dallas, State'of Texas, obligee, in the penal sum of ($ ) Dollars, lawful money of the United States, to be paid to said County or its certain attorneys or assigns, for which sums of money, well and truly to be paid, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents: WHEREAS, the Principal .has entered into a certain written contract with the Obligee, dated the day of ,20 , for construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project which contract is hereby referred to and made a part hereof as fully and to the same as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if the said bounden Principal shall pay all claimants supplying labor and materials to him or a sub-contractor in the prosecution of the work, provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts &the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of' said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal(s) and Surety(les) have signed and sealed this instrument this day of ,20 Done in the presence of.' BY: Corporate Surety BY: Contractor Address Principal City/State Phone BY: Attorney in Fact DALLAS COUNTY CDBG CONSTRUCTION CONTRACTOR'S PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Contractor(s) of County, and State of Texas, as Principal and as Surety, are held and firmly bound unto the County of Dallas, State of Texas, obligee, in the penal sum of ($ ) DOllars, lawful money of the United States, to be paid to said County or its certain attorneys or assigns, for which sums of money, well and ~ruly to be paid, we bind ourselves, our heirs~ successors, executors and administrators, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of~ ., 20 , for - construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project which contract is hereby referred to and made a part hereof as fully and to the same as if copied at length herein. NOW, THEREFORE, the condition of this obligation is such that if the said bounden principal shall in ail things well and truly perform the work in accordance with the plans and specifications and terms and conditions of the foregoing contract, to be by them performed and within the time therein mentioned, then this obligation shall be void; otherwise to remain in full force and effect. This Bond shall provide for the repak, and for maintenance attendant thereto, of all defects due to faulty materials, workmanship, defects, and failures that may appear within a period of two (2) years from the date of completion and acceptance of the Work by the Commissioners Court, or such other period of time as may be designated by the "Special Provisions". PROVIDED HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal(s) and Surety(ies) have signed and sealed this instrument this day of ., 20 Done in the presence of.' BY: Corporate Surety BY: Contractor Address Principal City/State Phone BY: Attorney in Fact DALLAS COUNTY CDBG CONSTRUCTION CONTRACT This agreement, made pursuant to Court Order No. dated the day of ,20 , by and between Dallas County, Texas, represented by its County Judge and Commissioners Court, Party of the Fkst Part, and hereinafter called the. Contractor, his their executor, administrator,' heirs, successors or assigns, Party of the Second Part: WITNESSETH that WHEREAS, the Dallas County, known as the Party of the First Part, desires to contract for the construction of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project in the said Dallas County, in accordance with the provisions of the State Statutes and of the Notice to Contractors, Specifications, Proposal and Plans marked n/a annexed thereto, and made a part hereof, and WHEREAS, the Party of the Second Part has been engaged in and now does such Work and represents that he is fully equipped, competent and capable of performing the above described and outlined Work, and is ready and willing to perform such Work in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans, marked n/a. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the aforesaid parties hereto that for and in consideration of the prices and agreement mentioned in the proposal hereto attached and made a part of this contract, the said Contractor agrees to do, at his own proper cost and expense, all the Work necessary for the construction' of CDBG FY 2002 Coppell Fire Hydrants & Water Mains project in Dallas County, in accordance with the provisions of the attached Notice to Contractors, Specifications, Proposal and Plans which are all hereby made a part of this Contract, and in full compliance with all of the terms of the Specifications and the requirements of the Engineer. The said Contractor further agrees to begin Work on or before complete same in 60 calendar days. ,20 , and to And said County, in consideration of the full and tree performance of the said Work by said Contractor, hereby agrees and binds itself to pay to said Contractor the prices sct forth in the attached Proposal. and in the manner provided in the attached Specifications. The Contractor EXPRESSLY WARRANTS that he has employed no third person to solicit or obtain this contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent, in whole or in part, upon such procurement and that he has not paid, or promised or agreed to pay, to any third person, in consideration of such procurement, or in compensation for services in connection therewith, any brokerage, commission, or percentage upon the amount receivable by him hereunder, and that he has not, in estimating the contra¢t price demanded by him, included any sum by reason of any such brokerage,' ¢ommission or percentage; ~nd that all monies payable to him hereunder are free frOm all obligations of any other person or services rendered, or supposed to' have been rendered, in the procurement of this contract. The Contractor further agrees that any break of this warranty shall constitute adequate cause for the annulment of this contract by the Party of the First Part and that the Party of the First Part may retain for its own use from any sums due or to become due thereunder an amount equal to any brokerage· commission, or percentage so paid or agreed to be paid. IN WITNESS WHEREOF, the Parties hereto have set their hands on this the · 20 day of APPROVED: DALLAS COUNTY, TEXAS Party of the First Part: DIRECTOR OF PUBLIC WORKS BY: COUNTY JUDGE Party of the Second Part: BY: TITLE