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DR9201-CN 920310 The City With ^ Beautiful Future LNVITATION TO BID INSTRUCTIONS/TERMS OF CONTRACT SPECIFICATIONS BID SHEET(S) FOR CONTRACT FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT PER THE CITY OF COPPELL SPECIFICATIONS AT THE CITY OF COPPELL TOWN CENTER PURCHASING DEPARTMENT OPENING DATE: TUESDAY, MARCH 10, 1992 10:00 A.M. ITB-1 The City With ^ Beautiful Future INVITATION TO BID Return Bid To: City of Coppell Purchasing Department P.O. Box 478 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, March 10, 1992. Plea.se reference Bid No. Q-fi292-03 "Contract For Howell And Bullock Streets Drainage Project" 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, pleaso 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 214-462-0022, extension 214. t:i-iYOi~COl'rl~L · I~RCllASINGi)~PAIt'TI~*~qT · ].~PARiI,WAY~}UI~VARD · COIYI~L, TEF. AS 7~!9 ITB-2 The City With ^ Beautiful Future INVITATION TO BID INSTRUCTIONSfrERMS OF CONTRACT BID NO. Q-0292-03 CONTRACT FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT By order of the City Council of the City of Coppell, Texas, sealed bids will be received for: Contract For Howell And Bullock Streets Drainage Project TO PROVIDE for an annual Contract commencing thirty (30) days after the date of the award and continuing for a twelve month period. The City of Coppell, City Council reserves the right to extend this Contract for four (4) additional one-year periods as it deems to be in the best interest of the City. 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 MUSTBE submitted on the pJicing foJms 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 TRANSMI'VrALS SHALL NOT BE ACCEPTED! SUBMISSION OF BIDS: Sealed bids shall be submitted no later than 10:00 a.m. on Tuesday, March I0, 1992, to the address as follows: City of Coppell Purchasing Department 255 Parkway Blvd. Coppell, Texas 75019 MARK ENVELOPE: "BID NO. Q-0292-03 Howell and Bullock Streets Draining Project" ALL BIDS MUST BE RECEIVED IN THE CITY'S PURCHASING DEPARTMENT BEFORE OPENING DATE ANI) TIME. CITY OF COPI~LL · PL'RCHA~ILNG DEPAR'rbI~NT · 255 PARIOA'AY BOL'LEVARD · COPPELL, I'F_.XA$ 75019 ITB-3 BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT 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 cancelled 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 of Coppell reserves the right to award bids on the lump sum or unit price basis, whichever is in the best interest of the City. CONTRACI~. This bid, when properly accepted by the City of Coppeli, 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. 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: Ail delivery and freight charges (F.O.B. City of Coppell) are to be included in the bid price. CITY OF COPi~LL · PURCHASING DEPARTMF_.NT · 255 PARKWAY BOULF. VARD · COPPELL, TEXAS 75019 ITB-4 BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT 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. 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 in the section provided or by attachment as part of the bid. In the 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. DESIGN, STRENGTH, QUALITY of materials and workmanship must conform to the highest standards of manufacturing and engineering practice. 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 practice. All items supplied against credit must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. ALL FOOD ITEMS SOLD must be fresh at all times and of current manufacture. CITY OF COPI~-I.L · I%3~,CnASlNG DEPARTME.NT · 255 PARK~'AY BOLq.EVARD · COPI~LL. TEXAS ?~019 ITB-$ BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective Bidder must affirmatively demonstrate 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 ~ satisfactory record of performance; 4. have ~ satisfactory record of integrity and ethics; 5. be offerwise 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. 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. WAGES: Successful Bidder shall pay or cause to be paid, without cost or expense to the City of Coppeil, 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. TER~flNATION 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 cancelled Contract to next lowest and best Bidder as it deems to be in the best interest of the City of Coppell. CITY OF COPPELL · I~.'RCHASING DEP,~R'rMENT · 255 PARKWAY BOL*LEVARD ® COPPELL, TEXAS 7.n019 ITB-6 BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT 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. Breach of Contract or default authorizes the City of Coppell to exercise any or ali 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 thereinafter 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 county 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 Coppel! 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. TESTING: Testing may be performed at the request of the City of Coppell, by an agent so designated, without expense to the City of Coppell. 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 Coppeli Purchasing Department (which has the overall Contract Administration responsibilities) and the successful Bidder. CITY OF COPPEI-L · IR.'RCHASLNG DEPARTM~'NT · 255 PARKW)tY BOULEVARD · COPPELL, 'I~;.AS 7.$019 ITB-7 BID NO, Q-0292-03 BID FOR HOWELL AND BULLOCK STREETS DRAINAGE PROJECT 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 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 tbr 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 60If 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 (I) week aRer 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 Coppeli, 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). CITY OFCOI'I'~LL · IN.'RCHASLNGDEPARTMF.¥F · 255 PARKWAY BOULEVARD · COPI~LL, TEXAS 75019 ITB-8 BID NO. Q-0292-03 BID FOR HOWELL ?,.aND BULLOCK STREETS DRAINAGE PROJECT 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. 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 214-462-0022, extension 2 !4. CITY OF COPPELL · PURCilASING DEPARTN~NT ** 255 P.ARK'WAY BOULEVARD · COPPELL, TEXAS 7S019 ITB-9 BID NO. Q-0292-03 BID FOR HOWELL ANT) BULLOCK STREETS DRAINAGE PROJECT 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.) STATE OF COUNTY OF BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared who after being by me NAME duly sworn, did depose and say: "I, am a duly authorized officer/agent for and have been duly authorized to execute the foregoing on behalf of the said 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. H Name and address of Bidder: Telephone: ( ) by: pLEASE PRINT Title: Signature: SUBSCRIBED AND SWORN to before me by the above named on this the day of 1992. Notary Public in and for the State of CITY OF COPI~LL · PURCHASING DF. PARTMF.NT · 2~5 PARKWAY BOULEVARD · COPPELL. 'i'EXA$ 75019 ITB-IO BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREET DRAINAGE PROJECT INSURANCE REQUIRED: The Contractor shall not commence Work under this Contract until he/she has obtained all insurance required under this paragraph and Item 1.26 of the North Central Texas Standard Specifications for Public Works Construction as amended September 21, 1989, and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence Work on his Subcontract until all similar insurance of the Subcontractor has been so obtained and approved. COMPENSATION INSURANCE: The Contractor shall take out and maintain during the life of this Contract Worker's Compensation Insurance for all of his/her employees at the site of the project and in case any Work is sublet, the Contractor shall require the Subcontractors similarly to provide Worker's Compensation Insurance for all of the latter employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Worker's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his/her employees not otherwise protected. The amount of insurance shall be as follows: Each Accident $100,000.00 Disease Each Employee $100,000.00 Disease Policy Limit $500,000.00 COMMERCIAL GENERAL LIABILITY INSURANCE: Contractor shall take out and maintain during the life of this Contract such General Liability Insurance (including explosion, collapses and underground damage coverage) as shall protect him/her and any Subcontractor performing work covered by this Contract, from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from operations under this Contract, including blasting, when blasting is done on or in connection with the work of the project, whether such operations be by himself/herself or by any Subcontractor or by any one directly or indirectly employed by either of them. The amount of insurance shall be as follows: General Aggregate $1,000,000.00 Products - Components/Operations Aggregate $1,000,000.00 Personal and Advertising Injury $ 600,000.00 Each Occurrence $ 600,000.00 Fire Damage (any one fire) $ 50,000.00 Medical Expense (any one person) $ 5,000.00 AUTOMOBILE LIABILITY INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Automobile Liability Insurance for owned, hired and non-owned vehicles as shall protect him/her and any Subcontractor performing work covered by this Contract. The amount of such insurance shall be as follows: Combined Bodily Injury and Property Damage $600,000.00 per occurrence Bodily Injury $250,000.00 per person Bodily Injury $200,000.00 per accident Property Damage $100,000.00 CITY OF COFS~3.,L · FURClIA,SINGDEI*~ · 2SSPAR.KWAYBOULKVARD · COI~J;'IIAA,S 7SIll ITB-11 BID NO. Q-0292-03 BID FOR HOWELL AND BULLOCK STREET DRAINAGE PROJECT PROTECTIVE LIABILITY INSURANCE: The Contractor shall take out and maintain during the life of this Contract an owners protective liability insurance policy. Coverage shall be on an "occurrence" basis and the policy shall be issued by the same insurance company that carries the Contractors liability insurance. The amount of such insurance shall be as follows: Combined Bodily Injury $ 600,000.00 per occurrence and Property Damage $1,000,000.00 per aggregate PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the City with satisfactory proof of carriage of the Insurance requ;.red. Ci~'~O~'COiSlq~l. · I~J~L~A,~NGDI~AB.'ll~i2qT · 2$$1~AB~.wAYBOULgVABD · COPl~Tt~ 'I'K~,A~ 7~19 CITY OF COPPELL PubliC Works Department Street Division Drainage Improvements Specification Howell St. and Bullock St. 1. Clean and Grade Roadside Swales of both streets to drain north. 2. Remove and replace all culvert pipe with 15" Type III RCP at driveways, any sidewalks which cross the drainage ditch and other enclosed drainage systems within the project area. (Alternate products, i.e., ADS drain pipe may be used in other enclosed areas). 3. Grade to drain Earthen Alley between the two streets to the north. (Alternate price -- separate item). 4. All drive approaches and sidewalks are to be reestablished to the same or better condition that existed prior to the project start. 5. Incorporate a 25' Drainage Swale along Railroad Right-of-Way to drain to the east and discharge into the 5' X 5' wye inlet. 6. Provide transit shots to establish a minimum .5 fall from Southwestern north to Railroad Right-of-Way as well as along the 25' Drainage Swale at the Railroad Right-of-Way. Maintain a minimum 3 to 1 slope. 7. Dress up and hydromulch once project is substantially complete. 8. Citizen access to drives are to be maintained at all times unless otherwise arranged with the resident. 9. Traffic Control Plan will be provided and maintained that is consistent with the Texas Manual on Uniform Traffic Control Devices (T.M.U.T.C.D).