SOLICITATION OVERVIEW

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1 MASONRY & STONEWORK DUE: 3/25/16 SOLICITATION OVERVIEW The City of Irving is soliciting bids for: TITLE: Masonry and Stone Work ITB Number: 115D-16F Commodity: 0240 & 0299 Masonry & Stone Work Due Date: 3:00 p.m., Friday, March 25, 2016 Location: City of Irving, Purchasing Division 835 W. Irving Blvd. Irving, Texas Pre-Bid Conference: Date: Friday, March 18, 2015 Time: 9:00 a.m. Location: Second Floor Conference Room 2A Irving City Hall 825 W. Irving Blvd. Irving, Texas *Attendance at one of these pre-bid conferences is mandatory. Public Bid Opening: There will be a public bid opening in the Purchasing Division Conference Room immediately following the bid due time/date. Interested parties are invited to attend. Written Questions: Submit written questions to: Darlene Humphries, Purchasing Manager, dhumphries@cityofirving.org or Gene Moulden, Landscape Architect, gmoulden@cityofirving.org Questions may be submitted through 5:00 p.m., March 21, No verbal questions will be accepted. Questions of a substantial nature will be addressed in the vendor conference and will be addressed in an addendum, posted on the City s Purchasing Web page for all interested parties. 1

2 TABLE OF CONTENTS Table of Contents... 2 Overview Specifications... 5 Bid Pricing Pages Attachment A-1, Standard Terms and Conditions Attachment B-1, General Instructions to Bidders Attachment B-2, Special Instructions to Bidders Attachment B-7, Checklist for Bidders Attachment B-10, Map Locating Purchasing Division Summary Response Page Attachment C-1, Conflict of Interest Instructions Attachment C-2, Conflict of Interest Statement Attachment C-3, Federal Debarment Certification Attachment D-3, Insurance Requirements for Construction Attachment D-4, Insurance Affidavit Attachment D-6, Indemnification by Contractor Attachment E-1, Environmental Commitment Attachment E-2, Environmental Stewardship Attachment F-1, Good Faith Effort Program Overview Attachment F-2, Good Faith Effort Affidavit Attachment G-1, Bid Bond Requirement Attachment G-1, Bonding Requirements for Construction Attachment G-4, City of Irving Performance Bond Form Attachment G-5, City of Irving Payment Bond Attachment G-6, City of Irving Maintenance Bond Attachment H-1, Instructions for Standard Contract Attachment H-2, Standard Contract and Acknowledgement Attachment I, Environmentally Sustainability Community Compliance Attachment K, Definition of Terms and Abbreviations Attachment L, City of Irving Specifications General Notes Coordination Grades, Lines and Levels Stockpiling of Construction Materials Temporary Water Solid Waste Disposal Clean-Up Mobilization A-Light Weight Manufactured Stone Veneer A-Erosion and Sedimentation Control Masonry Mortar Masonry Grout Brick Masonry Stone Masonry Structural Reinforced Unit Masonry Assemblies

3 Overview The City of Irving is contracting for these types of construction work that may be required during the term of this contract. Due to the nature of this work, the specific locations and types will be determined and provided to the awardee on an as needed basis prioritized by the Capital Improvements Program (CIP) Department in real time requests during the contract period. CIP will organize the work orders and provide the awardee the work as it becomes available. Occasionally, an unexpected condition may arise in which the awardee will be required to interrupt his work flow and relocate to a critical repair location to expedite an immediate repair job if needed. This is not the norm, but does happen occasionally and awardee must be able to mobilize and start work with sufficient manpower and resources within one (1) day to these immediate requests. Contract Period: This contract begins upon date of award, and runs through March 31, Renewal Option - This contract is subject to consideration for two renewals with each renewal being for a two-year period of time and under the same terms and conditions as awarded or with negotiated lower pricing. Each renewal option may be exercised by the City of Irving with written agreement by contractor. Use of Annual Contract: Awardee will only perform work directed by CIP staff. Even though a department or division may not be specifically named in a Proposal, items awarded to a vendor are available to each department or division. All work to be requested under this contract for any other department must be coordinated in writing with the CIP staff to assure priority assignments are complete and that each project is completed in a timely order with minimum inconveniences to all parties involved. Daylight Hours of Operation Allowed: Crews are allowed to perform work on this contract Mondays through Fridays, 7:00 a.m. thru 7:00 p.m., unless CIP staff authorize otherwise in writing under extreme circumstances. Lane closures shall be in accordance with Section 01000: General Notes. Written Notice Required by Contractor to Businesses and Residents: Upon direction of CIP staff, written notice shall be provided to all residents and businesses that are to be affected by the upcoming project(s). The wording of the flyer shall be prepared by CIP staff. Traffic Control: All traffic control must be in accordance with the details and provisions of the latest version of the Texas Manual of Uniform Traffic Control Devices. Detailed drawings are attached. Locating Utilities: Awardee is totally responsible for sub-surface utility exploration and locating utilities (non-pay item); any and all costs associated with inadvertently cutting a utility line is totally the awardee s responsibility. 3

4 Subsidiary to All Bid Items: Barricades, Protection and Location of Existing Utilities, Traffic Control, Erosion and Sedimentation Control Devices, Dust Control, Clean-up, Insurance, Bonding and Mobilization will be subsidiary to all bid items. City s Environmentally Sustainability Compliance: Awardee must submit signed affidavits for compliance with their bid response in order to be considered for award of this contract (Attachment I and Attachment J-2) 1) All concrete must be manufactured by a dry kiln resulting in low NOX emissions; 2) All refuse must be recycled when feasible; 3) No broken out concrete or asphalt, dirt, or any other spoil will be allowed to remain on the street surface or in the right-of-way, including medians, overnight or any non-residential street. No spoils will be allowed to be left on the street overnight for residential streets. Spoils may be left in the right-of-way behind the curb for one night (and one night only) on residential streets; and 4) Compliance with Concrete Saw Cutting Waste Management requirements (see Attachment J for detailed requirements). Disposal of Refuse: Contractor is responsible for disposal of other items not recyclable at a Texas Commission on Environmental Quality (TCEQ) approved landfill, other than the City of Irving landfill. Reference Spec Storage of Awardee s Equipment and Materials During Project: Awardee is responsible for overnight storage of materials and equipment. No materials or equipment shall be stored overnight within the public right-of-way without the permission of CIP staff. 4

5 SPECIFICATIONS General: These specifications will describe the types of work that may be required during the term of this contract. Method of payment shall be based on awardee s proposed unit price in accord with the stated measure for each item. For any bid item which includes the words replacement of or remove and replacement of, the bid price shall include removal and disposition of the existing item. Generally, all concrete shall be 3000 psi (7-Day) compressive strength concrete, unless stated otherwise. The bid price shall include all necessary traffic control, reinforcing steel, base preparation, cleanup and backfilling, all barricading, and signage. Detail Sheets Compliance: All work shall be done in accordance with the latest version of the City of Irving Specifications and Detail Sheets. Testing: For concrete work the City reserves the right to employ a concrete testing company to ensure that the proper cylinders and beams are made and broken at the appropriate time, and that the required strengths have been met. If the required strengths are not met, the Contractor will be required to replace with specified strengths at no cost to the City. Quantities in Proposal Form: The quantities of the work and materials set forth in the bid pricing sheets approximately represent the work to be performed and materials to be furnished, and are for the purpose of comparing bids on a uniform basis. Payment will be made by the City to the Contractor only for actual quantities of work performed or materials furnished in accordance with the specifications and bid items, and it is understood that quantities may be increased or decreased as herein after provided, without in any way invalidating the bid prices. Bid Items 1 13: All bids include materials & labor and the Contractor shall furnish, construct, and install complete in place including clean-up and haul off & legal disposal of refuse. The purpose of this master agreement is to establish firm pricing for goods and services, for a specific term, which are ordered on an as needed basis. This contract will be awarded with an annual not to exceed amount of $175,

6 MASONRY AND STONEWORK ANNUAL CONTRACT BID PROPOSAL #115D-16F PLEASE GIVE PRICES TO PROVIDE, CONSTRUCT AND INSTALL COMPLETE IN PLACE AS PER PLANS AND SPECIFICATIONS FOR THE FOLLOWING ITEMS: ITEM QTY. DESCRIPTION TOTAL UNIT MATERIAL PRICE TOTAL UNIT LABOR PRICE TOTAL UNIT PRICE FACE FEET 1A 400 FACE FEET FACE FEET 2A 400 FACE FEET 8x8x16 Gray CMU block, running bond with galv. ladder wire reinforcement and 3/8" mortar joint (less than Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ 8x8x16 Gray CMU block, running bond with galv. ladder wire reinforcement and 3/8" mortar joint (300.1 to Sq. Face Ft.) for a total unit price of (written) dollars $ $ $ 8x8x16 Gray CMU block, running bond with galv. ladder wire reinforcement, concrete filled voids with #3 rebar and 3/8" mortar joint (less than Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ 8x8x16 Gray CMU block, running bond with galv. ladder wire reinforcement, concrete filled voids with #3 rebar and 3/8" mortar joint (300.1 to Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ Vendor Signature Company Name 6

7 ITEM QTY. DESCRIPTION TOTAL UNIT MATERIAL PRICE TOTAL UNIT LABOR PRICE TOTAL UNIT PRICE FACE FEET 3A 400 FACE FEET FACE FEET 4A 400 FACE FEET FACE FEET 8x8x16 architectural CMU block (split face, burnished, etc.), running bond with galv. ladder wire reinforcement and 3/8" mortar joint (less than Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ 8x8x16 architectural CMU block (split face, burnished, etc.), running bond with galv. ladder wire reinforcement and 3/8" mortar joint (300.1 to Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ 8x8x16 architectural CMU block (split face, burnished, etc.), running bond with galv. ladder wire reinforcement, concrete filled voids with #3 rebar and 3/8" mortar joint (less than Sq. Face Ft.) for a total unit price of (written) dollars. $ $ $ 8x8x16 architectural CMU block (split face, burnished, etc.), running bond with galv. ladder wire reinforcement, concrete filled voids with #3 rebar and 3/8" mortar joint (300.1 to Sq. Face Ft.)for a total unit price of (written) dollars. $ $ $ Standard king size brick in a running bond pattern with 3/8" mortar joint (less than Sq. Face Ft.)for a total unit price of (written) dollars. $ $ $ Vendor Signature Company Name 7

8 ITEM QTY. DESCRIPTION TOTAL UNIT MATERIAL PRICE TOTAL UNIT LABOR PRICE TOTAL UNIT PRICE 5A 400 FACE FEET FACE FEET 6A 400 FACE FEET FACE FEET 7A 400 FACE FEET FACE FEET Standard king/size brick in a running bond pattern with 3/8" mortar joint ( for a total unit price of (written) dollars. $ $ $ Milsap sandstone masonry facade in a square random ashlar pattern and 3/8" mortar joints (less than 300.0) for a total unit price of (written) dollars. $ $ $ Milsap sandstone masonry facade in a square random ashlar pattern and 3/8" mortar joints (300.1 to 600.0) for a total unit price of (written) dollars. $ $ $ Drystack sandstone masonry in a running pattern with 3/8" mortar joints (less than 300.0) for a total unit price of (written) dollars. $ $ $ Drystack sandstone masonry in a running pattern with 3/8" mortar joints (300.1 to 600.0) ) for a total unit price of (written) dollars $ $ $ Leuders limestone masonry façade in a square random ashlar pattern with 3/8" mortar joints (less than 300.0) for a total unit price of (written) dollars $ $ $ Vendor Signature Company Name 8

9 ITEM QTY. DESCRIPTION TOTAL UNIT MATERIAL PRICE TOTAL UNIT LABOR PRICE TOTAL UNIT PRICE 8A 400 FACE FEET LN FEET SQ. FT. Leuders limestone masonry façade in a square random ashlar pattern with 3/8" mortar joints (300.1 to 600.0) for a total unit price of (written) dollars $ $ $ 2"-3" thick Oklahoma flagstone wall cap at 20" width with 3/8" mortar joints for a total unit price of (written) dollars $ $ $ 2"-3" thick Oklahoma flagstone paving set on 3/4" mortar bed with 1/2" mortar joints all set on top of 4" thick 3,000 PSI concrete with #3 rebar at 24" o.c. (less than Sq. Ft.) for a total unit price of (written) dollars $ $ $ FACE FEET Manufactured stone veneer (less than Sq. Face Ft.) for a total unit price of (written) dollars $ $ $ 11A 400 FACE FEET Manufactured stone veneer (300.1 to 600.0) for a total unit price of (written) dollars $ $ $ COST MARKUP % 12 MATERIAL $10, % EST. HOURS HOURLY RATE 13 LABOR 100 $ Acknowledgement of addendums: Vendor Signature Company Name 9

10 THE UNDERSIGNED BIDDER AGREES TO COMMENCE WORK WITHIN FOURTEEN (14) CALENDAR DAYS AFTER THE DATE OF WRITTEN NOTICE TO COMMENCE WORK, AND TO COMPLETE THE WORK ON WHICH HE HAS BID WITHIN THE ALLOTED AMOUNT OF TIME AS SPECIFIED IN THE INSTRUCTIONS TO BIDDERS, ITEM 13 TIME ALLOWED FOR CONSTRUCTION OF THESE CONTRACT DOCUMENTS, SUBJECT TO SUCH EXTENSIONS OF TIME AS ARE PROVIDED BY THE GENERAL AND SPECIAL CONDTIONS OF AGREEMENT. ENCLOSED WITH THIS PROPOSAL IS A CASHIER'S OR CERTIFIED CHECK FOR ($ ) DOLLARS, OR A PROPOSAL BOND IN THE SUM OF ( ) DOLLARS, WHICH IT IS AGREED SHALL BE COLLECTED AND RETAINED BY THE OWNER AS LIQUIDATED DAMAGES IN THE EVENT THIS PROPOSAL IS ACCEPTED BY THE OWNER WITHIN NINTY (90) CALENDAR DAYS AFTER THE DATE ADVERTISED FOR THE RECEPTION OF BIDS AND THE UNDERSIGNED FAILS TO EXECUTE THE CONTRACT AND THE REQUIRED BOND WITH THE OWNER, UNDER THE CONDITIONS HEREOF, WITHIN FOURTEEN (14) CALENDAR DAYS AFTER THE SAID PROPOSAL IS ACCEPTED BY THE OWNER AND RECEIVED BY THE UNDERSIGNED; OTHERWISE, SAID CHECK OR BOND SHALL BE RETURNED TO THE UNDERSIGNED UPON DEMAND. THE UNDERSIGNED HEREBY DECLARES THAT HE HAS VISITED THE SITE AND HAS CAREFULLY EXAMINED THE CONTRACT DOCUMENTS RELATIVE TO THE WORK COVERED BY THE ABOVE BID. SEAL - IF BIDDER A CORPORATION RESPECTFULLY SUBMITTED: BY: 10

11 STANDARD TERMS AND CONDITIONS Attachment A-4 1. Application These standard terms and conditions shall apply to all City of Irving (hereafter City ) solicitations and procurements, unless specifically excepted in the solicitation specifications. 2. Requirements By submitting a bid, the respondent agrees to provide the City of Irving with the specified goods or services described in the solicitation in accordance with these standard terms and conditions, at the agreed upon bid price and in compliance with the stated specifications and any subsequent addendums issued prior to the date of the bid opening. 3. Legal Compliance Bidder or proposer must comply with all Federal, State and Local laws, statutes, ordinances, regulations and standards in effect at the time of delivery of goods and services, and must maintain any and all required licenses and certificates required under the same laws, statutes, ordinances, regulations and standards for services and/or goods provided in response to this solicitation. 4. Modifications and Addendums The City shall have the right to modify any of the solicitation documents prior to submission deadline and will endeavor to notify potential bidders, but failure to notify shall impose no liability or obligation on the City. All modifications and addendums must be in written form prepared by the City department issuing the solicitation. Bidders are responsible for incorporating any and all modifications and addendums into their bid responses. 5. Interpretation of Bid Documents The City is the final judge of the meaning of any word(s) sentences, paragraphs or other parts of the bid documents. Bidders are encouraged to seek clarification, before submitting a bid, of any portion of the bid documents that appears to be ambiguous, unclear, inconsistent, or otherwise in error. Clarifications will be in writing. 6. Late Bids Bids must be received in the Purchasing Office by the time specified in the solicitation. The City will not accept late bids and is not responsible for the lateness or non-delivery of bids by the Postal Service or any private delivery firm. The time/date stamp in the Purchasing Office shall be the official time of receipt. 7. Conditional Bids The City will not accept conditional bids which qualify the bidder s response in any way. Any alterations, erasures or strikethroughs made by the bidder prior to submission of the bids must be initialed by the bidder to guarantee authenticity. 8. Minor Irregularities The City reserves the right to waive any minor irregularities that do not materially affect the scope or pricing of submitted bids. 9. Responsiveness of Bids The City wants to receive competitive bids, but will declare non-responsive bids that fail to meet significant requirements outlined in the solicitation documents. 11

12 10. Discrepancies and Errors In the case of a discrepancy between the unit price and the extended total for a bid item, the unit price will prevail. The unit prices of bids that have been opened may not be changed for the purpose of correcting an error in the bid price. 11. Identical Bids In the event two or more identical bids are received, and the bids are lowest, responsible and responsive, award will be made as prescribed in the Texas Local Government Code, Chapter Withdrawal of Bids Bidders may withdraw any submitted bids prior to the bid submission deadline. Bidders may not withdraw once the bids have been publicly opened, without the approval of the City s purchasing manager. Bidders will be allowed to withdraw bids that contain substantial mathematical errors in extension 13. Disqualification of Bidder The City may disqualify bidders, and their bids not be considered, for any of the following reasons: Collusion among bidders; Bidder s default on an existing or previous contract with the City, including failure to deliver goods and/or services of the quality and price bid; Bidder s lack of financial stability; any factor concerning the bidder s inability to provide the quantity, quality, and timeliness of services or goods specified in the solicitation; bidder involved in a current or pending lawsuit with City; bidder s attempt to influence the outcome of the solicitation through unauthorized contact with City officials outside of those listed in the solicitation documents; and bidder s attempt to offer gifts, gratuities, or bribes to any City employee or elected official in connection with a solicitation. 14. Cost of Bid The cost of submitting bids shall be borne by the bidders, and the City will not be liable for any costs incurred by a bidder responding to this solicitation. 15. Firm Prices Unless otherwise stated in the specifications, bidder s prices remain firm for 120 days from date of bid opening and, upon award, remain in effect for the contract period specified in the solicitation. If formal award has not occurred within 120 days of bid opening, the vendor and the City may mutually agree to extend the firm price period. 16. Acceptance The City will complete payment upon final acceptance. Retainage, if any, will be noted in the final contract. 17. MSDS Bidders must have on site Material Safety Data Sheets for any hazardous chemical used or supplied under this solicitation. 18. Taxpayer Identification Bidders must provide the City a current W-9 Request for Taxpayer Identification and Certification before goods or services can be procured from the bidder. 12

13 19. Taxes The City is exempt from all federal excise taxes and all state and local sales and use taxes. If such taxes are listed on a bidder s invoice, they will not be paid. Additionally, bidders may use the City s tax exemption status to purchase goods and materials becoming part of the finished construction in the solicitation. 20. Outstanding Liabilities Bidders shall not have outstanding, unpaid liabilities owed to the City. Liabilities may include, but are not limited to, property taxes, hotel occupancy taxes, license or permit fees, and water bills. Bids will be considered non-responsible and not given further consideration if submitted by a bidder with such outstanding liabilities. 21. Offset The City may, at its option, offset any amounts due and payable under a contract award under this solicitation against any debt lawfully due the City from a vendor, whether or not the amount due arises pursuant to the terms of the contract and whether or not the debt has been reduced to judgment by a court. 22. Independent Contractors It is expressly agreed and understood by both parties that the City is contracting with the successful bidder as an independent contractor. The City shall not be liable for any claims which may be asserted by any third party occurring in connection with services performed by services performed by the successful bidder, and the successful bidder has no authority to bind the City. 23. Sub-Contractors Unless otherwise stated, the contractor awarded the contract in connection with this solicitation shall have the right to select qualified sub-contractors to assist in completing the construction. The City, unless noted elsewhere, will have no contractual obligation with any of the sub-contractors, and shall hold the prime contractor responsible for all actions and work performed by the sub-contractors. The bidder is reminded that the City has Good Faith Effort goals for M/WBE participation in connection with this solicitation, and the use of qualified sub-contractors is a way that prime contractors can meet the City s goals. 24. Governing Law All bids submitted in response to this solicitation and any resulting contract shall be governed by, and construed in accordance with, the charter and ordinances of the City of Irving, and the laws and court decisions of the State of Texas. 25. Controlling Document In the case of a discrepancy between this solicitation and the formal contract, the formal contract will prevail and control. 26. Assignment Bidder shall not assign, transfer, or pledge a contract awarded under this solicitation, in whole or in part, with the prior written consent of the City s purchasing manager. Assignment of this contract, if approved by the City, shall not relieve the bidder s obligations under the contract. Approval by the City of one assignment shall not constitute approval of any future assignment of the contract. 13

14 27. Termination If an awarded bidder fails in any manner to fully perform each and all of the terms, conditions and covenants of a contract awarded by this solicitation, he shall be in default and notice of default shall be given to the bidder by the City s purchasing manager. In the event that Vendor continues in default for a period of seven (7) days after receipt of the above-mentioned notice of default, City may terminate or cancel the contract. The City may also cancel a contract for convenience and without cause with thirty days notice. In any cancellation of contract, the City will pay the bidder for all good received and accepted any services provided and accepted up to and including the date of termination. 28. Indemnification Bidder shall defend, indemnify, and hold harmless the City of Irving, its officers, agents, employees, appointees and volunteers against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by bidder s breach of any of the terms or provisions of any contract awarded as a result of this solicitation, or by any negligent or strictly liable act or omission of the bidder, its officers, agents, employees, or subcontractors, in the performance of an awarded contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents or employees, and in the event of joint and concurrent negligence or fault of the bidder and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 29. Venue The obligations of the parties under a contract awarded through this solicitation are performed in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall be within Dallas County, Texas. 30. Notification The City normally posts bid results on-line by the end of the next business day after bids are received. The City s website is Results are on the Purchasing Solicitation page, in the same place as the original bid documents. Bid results are for informational purposes only, and is not a notice of award. 31. Open Records Bid pricing is not considered confidential and is open to public inspection. Trade secrets and other material considered confidential by the bidder should be clearly marked as such. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the City will forward the appropriate documents to the Attorney General of Texas who will contact the bidder to request sufficient written reasons and information as to why the information should be protected from disclosure. Upon review of the bidder s response, the Attorney General will make a determination as to the confidentiality of the requested material(s), or lack thereof, and the City will respond accordingly. 14

15 GENERAL INSTRUCTIONS TO BIDDERS Attachment B-1 1. Securing Specifications Free specifications may be downloaded from the Purchasing page of the City s website, The City of Irving does not charge for specifications. If a third-party offers specifications or bid information for a fee, they do not represent the City. The City may charge for plans and drawings for construction solicitations. 2. Third-Party Websites With the exception of DemandStar, we do not support information about City of Irving solicitations posted on third-party websites. The City does not guarantee the accuracy of information secured from such websites and does not assume any responsibility for errors or misinformation that affects submitted bids or proposals. 3. Submission of Sealed Bids/Late Bids Bid pricing must be in US dollars and cents, unless a percentage off is requested. Bidders are to provide enough information with their bid to constitute a definite, firm, unqualified and unconditional offer. Bids are to be submitted in a sealed envelope or package and labeled with the bidder s name and the solicitation name & number. All bids must be submitted to the City of Irving Purchasing Division no later than the date and time indicated in the solicitation. All times listed are local times. It is the bidder s responsibility to ensure that bids are delivered/received by the specified time. Late bids will not be accepted and will be returned unopened. 4. Legal Name of Bidder In completing the Vendor Summary Page, the bidder must list the legal name of the bidder s company. This name will be on all contracts, awards, and purchase orders. The Vendor Summary Page also requires a statement as to the legal status of the bidder (corporation, partnership, sole proprietorship, etc.), and should be the first document in the bidder s response. 5. Signature The signature on the Vendor Summary Page should be in ink and from an individual with the authority to commit the bidder s company to the prices bid and terms stated. 6. Bid Sheet Omissions If a bidder believes the bid sheet does not adequately provide for quotes on all goods and services necessary to fulfill the specifications, it is the vendor s responsibility to address this issue prior to the date and time for cut-off of written questions. 7. Altered Bids Any alterations, erasures or strikethroughs made by the bidder prior to submission of the bids must be initialed by the bidder to guarantee authenticity. 8. Cooperative Purchase Bidders are given an opportunity on the Vendor Summary Page to indicate their willingness to allow other public entities to use the bid response as a basis for a contract with their entity, in lieu of competitive bidding. This provision is in compliance with Local Government Code

16 9. Payment Terms, Discount & Type of Payment Bidder may express the method(s) in which he or she wishes to receive payment. If invoice states a payment term discount offer, the City will take advantage of this discount and payment will be made accordingly. 10. References When references are requested, the Summary Response Page will indicate how many references and will state what other conditions may apply to the references. Past performance with the City of Irving is a reference and if unfavorable, will deem the vendor as non-responsible and the vendor will not be considered for award. 11. Conflict of Interest Bidders should review the instructions on conflict of interest (Attachment C-1). Bidders are to complete and submit the Conflict of Interest form (Attachment C-2), when a conflict of interest exists. 12. Environmental Stewardship Bidders are encouraged to review the City s commitment to the environment (Attachment E-1). Bidders are to complete and submit the Environmental Stewardship form (Attachment E-2). 13. Good Faith Effort Bidders are encouraged to review information on the City s Good Faith Effort program (Attachment G-1). Bidders are to complete and submit the Good Faith Effort Affidavit (Attachment G-2). Recommended bidder(s) will be required to complete the additional GFE forms as part of the award process. 14. Addendums It is the bidder s responsibility to alter his bid response based on information updated in one or more addendums to the solicitation. Addendums will be posted on the Purchasing solicitation page of the City s website at least four days before the bid due date. Efforts will be made to ensure that bidders receive notice of addendums, but the ultimate responsibility rests with the bidder. 15. Exceptions If a bidder takes exception to any part of the specifications or solicitation documents, such exception must be requested in writing, to the Purchasing agent/manager listed in the solicitation, at least six business days before the bid due date or within 24 hours of a prebid meeting, whichever is earlier. Approved exceptions will be included in an addendum and posted on the Purchasing Solicitation page of the City s website. 16. Checklist A Bidder s Checklist (Attachment B-7) is included with the solicitation package. checklist is an aid to the bidder in knowing which documents to submit. The 17. Hot Line Vendors may call to anonymously report instances of fraud, waste or abuse. Please provide as many details as possible. 16

17 SPECIAL INSTRUCTIONS TO BIDDERS Attachment B-2 1. Bidding Process/Contact Information The City of Irving is aware of the time and effort bidders spend in preparing and submitting bids. We will work with you to make the process as easy as possible. If you have questions or concerns about the bidding process, please contact: Darlene Humphries, Purchasing Manager Method of Award Award will be made in its entirety to the lowest responsive, responsible bidder. Bidders must complete all lines to be considered for award. The City reserves the right to award by whichever method is most favorable to the City, but will award to the lowest, responsive, responsible bidder no matter which method is used. Awards totaling $50,000 or more will be made by the Irving City Council. In determining the lowest responsive, responsible bidder, in addition to price, the recommendation may consider: 2.1 The ability, capacity, and skill of the bidder to perform the contract and provide the service required. 2.2 Whether the bidder can perform the contract to provide the service or make delivery within the time specified, without delay or interference. 2.3 The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 2.4 The quality, workmanship, or performance of previous contracts or services. 2.5 The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services. 2.6 The sufficiency of the financial resources and ability of a bidder to perform the contract or service. 2.7 The quality, availability, and the adaptability of the supplies or contractual services to the particular use required. 2.8 The ability of the bidder to provide future maintenance and services for the use of the subject of the contract. 2.9 The number and scope of conditions attached to the bid Prior experience or knowledge of the bidder concerning a particular field or piece of equipment The safety record of the bidder. 3. Public Bid Opening A public bid opening will be held at 3:30 p.m. on March 25, 2016, in the Purchasing Conference Room, 835 W. Irving Blvd., Irving, TX

18 4. Pre-Bid Meeting A pre-bid meeting will be held at 9:00 a.m. on March 18, 2016in the Second Floor Council Conference Room 2A, Irving City Hall, 825 W. Irving Blvd., Irving, TX Attendance at this meeting is not mandatory, but is a preferred method of receiving questions and requests from vendors for clarifications. 5. Insurance Requirements This solicitation has insurance requirements. They are listed as Attachment D-3, D4, and D-6. Please review the requirements with your insurance agent and submit insurance affidavit (Attachment D-4) with your bid. 6. Bonding Requirements This solicitation has bonding requirements. They are listed as Attachment G-1, G-3, G-4, G-5, and G-6. Review the requirements with your surety agent and submit Notice of Intent to Bond or similar documentation from approved surety company indicating that your firm can acquire bonding upon award. A bid bond is required to be submitted with your bid. 7. Required Contract This solicitation requires a signed contract prior to award. City s contract is attached and upon approval of award by the Irving city Council, four original wet signature sets of contract documents accompanied by one wet ink signature, notarized State of Texas Form 1295, Certificate of Interested Parties (per instructions provided in Attachment C-4, Instructions for State Law Mandated Certificate of Interested Parties Form), will be required no later than 14 calendar days after the date of approval of award. Any exceptions to the attached contract must be submitted with your bid and any exception may or may not be accepted by the city of Irving. 8. Bidding as an Agent Bidders on construction projects must be prepared for their firm to at least 60% of the work required to fill this contract. 9. Contractor s Duties All work performed under this contract shall be performed in accordance with all provisions of these specifications and drawings. Any deviations from the specifications or plans must be approved in writing by the owner or his representative. The contractor shall be presumed to have made a reasonable inspection of the premises prior to the time of bidding and shall be held responsible for all information available through such inspection. The contractor shall immediately upon discovery, bring to the attention of the owner any conflicts which may occur among the various provisions of the specifications and plans. The owner shall resolve such conflicts and shall be responsible for any costs reasonable incurred by the contractor due to such conflict. Failure of the contractor to bring conflicts or exceptions to the attention of the owner shall allow the owner to require any changes deemed necessary before acceptance by the owner. 18

19 10. Delays The City shall not be liable to a Contractor for any claims based upon delay to the Contractor for any reason whatsoever including any act or neglect on the part of the City. 11. Prevailing Wage Rate The minimum wage rate schedule as adopted by the Irving City Council (Council Resolution No ) is the Davis Bacon Act Standards for Dallas County, Texas, and shall be the prevailing minimum wage rate schedule for all work to be performed in this contract. The Contractor and Sub-Contractors shall conform to the minimum wage rate schedule as specified herein for Dallas County, Texas for the pertinent Construction Type: Final Payment Final payment will not be processed until the work is accepted by the City of Irving. 13. Partial Payments If a performance bond is posted, partial payments may be approved upon submission of evidence of materials on hand and percentage of work completed and verified by authorized City Personnel. However, a portion of each payment will be retained by the City until the project is completed and the City grants final payment. 14. Disposal of Refuse Contractor shall clean the site and dispose of all refuse at a Texas Commission on Environmental Quality (TCEQ) approved landfill other than the City of Irving Landfill. 15. Qualification of Bidders The City of Irving requires that a bidder shall be a specialist in this field and have the personnel, experience, skill, and the organization to provide the materials and labor necessary for the project. Contractor Qualification Statement, AIA Document A305, may be requested prior to award of contract. 16. Evidence of Qualifications Upon demand by the City, the bidder shall provide any additional information to substantiate qualifications. The information to be provided shall include but may not be limited to the following. Relevant Experience - This background information shall provide information concerning three comparable installations in the U.S. Provide name, owner, location, and the date of completion. Maintenance Program - This background information shall provide details about the existing repair work/remedial work program which the bidder presently staffs and which would enable the bidder to provide remedial work as may be required under the guarantee provided. Technical Resources - This background information shall outline the availability of personnel, equipment and materials required for the completion of this projection time. 19

20 Other factors deemed to be relevant. Financial integrity of bidder. 17. Materials The materials specified have been determined to have characteristics appropriate for the purposes of this project. In the event that the clause "or equal" is not used in the specifications pertaining to the material or article, the use of an alternate article other than that specified must be submitted per the alternate checklist for the written approval of the owner or his representative not less than ten (10) working days before opening of the bid. If the product is acceptable, the City will approve it in an addendum issued to all prime bidders on record. The owner reserves the right to reject any or all bids. 18. Submittal of Plans & Specifications Before commencing work, the contractor shall submit for approval two copies of the complete information covering all materials and equipment that he proposed to furnish. Said submittals shall be accompanied by a letter of transmittal listing the information being submitted and identifying its compliance with the provisions of this specification. The contractor shall commence no work nor purchase any materials prior to the approval of the submittals except at the contractor s risk. Approval of the submittals by the owner shall not be considered a waiver of any provisions of the specifications nor shall they be construed to permit a waiver from any of the performance criteria required at the final inspection. 19. Testing An independent testing Laboratory, employed and paid for by the City of Irving will perform the professional testing and laboratory services. Subsequent testing of substandard materials shall be paid for by the contractor. Contractor shall coordinate all testing with the Laboratory and advise laboratory sufficiently in advance of construction to allow for required check tests to be scheduled. 20. Warranties Contractor shall supply a minimum of one year warranty on all labor and workmanship, execute and assemble documents from subcontractors, suppliers and manufacturers and submit said documents prior to final application for payment. All warranties shall commence with the final acceptance of the project by the Irving City Council. Any warranty for materials or equipment which is greater in length of time from the above shall be itemized on a warranty page and submitted prior to final payment. 21. Permits The City of Irving will require that all applicable permits be issued prior to commencement of any work. No City of Irving fee will be charged for City of Irving permits. 22. Bid Bond An acceptable bid bond, certified check or cashier's check (bid security) payable without recourse to the order of the City of Irving, Texas, in an amount not less 20

21 than five percent(5%) of the annual not to exceed amount of $175, must accompany each bid as guarantee that, if awarded the contract, the bidder will enter into a contract within ten (10) days of the presentation of such contract to the bidder by the City. The bid bond must be on a form acceptable to City and the bonding company supplying the bid bond must be authorized to do business in the State of Texas. The bid security submitted with each bid shall be considered as the amount of the liquidated damages which the City of Irving will sustain by the failure, neglect or refusal of the bidder to execute and deliver the agreement should the contract be awarded him. If the bidder defaults in executing the agreement within ten (10) days after presentation of the contract to him, the bid security shall become the property of the City of Irving. Bidder warrants that the bid he submits has been checked for mathematical correctness and same is correct. Bidder agrees that should he desire to withdraw his bid after bid opening because of a mathematical mistake that the City of Irving may retain the bid security as liquidated damages and not as penalty and the bidder hereby waives any legal defense available to bidder for such mistake. (i.e. unilateral mistake). The bid bond shall be retained by the City of Irving as liquidated damages in the event the successful bidder, after the award, fails to comply with the terms of this proposal. 21

22 CHECKLIST FOR BIDDERS Attachment B-7 ITB #115D-16F Masonry & Stonework Documents to be submitted in response to this Invitation to Bid (ITB) BID RESPONSE: Vendor Summary Page The Vendor Summary Page should be the first page in your bid response followed immediately with the pricing page(s). BID PRICING PAGES: All lines completed BID BOND (5% of the annual not to exceed amount) DUE DATE (Bid must be received & stamped in Purchasing no later than 3:30 pm on March 25, 2016) Bids failing to comply with the above will be deemed non-responsive. These items are also to be submitted with your bid TWO ADDITIONAL COMPLETE COPIES OF BID REFERENCES (As requested on the Vendor Summary Page-past performance with the City will be a reference and if unfavorable will deem the vendor s bid non-responsive) CONFLICT OF INTEREST STATEMENT (If applicable) (Attachment C-2) FEDERAL DEBARMENT CERTIFICATION (Attachment C-3) INSURANCE AFFIDAVIT (Attachment D-4 signed by insurance agent) SIGNED INDEMNIFICATION BY CONTRACTOR FORM (Attachment D-6) ENVIRONMENTAL STEWARDSHIP (Attachment E-2) GOOD FAITH EFFORT AFFIDAVIT (Attachment F-2) BONDING AFFIDAVIT (Attachment G-3 signed by surety company) Documents to be submitted if you are awarded this bid THREE F WET INK SIGNED AND NOTARIZED STANDARD CONTRACT AND ACKNOWLEDGEMENT ONE WET INK SIGNED STATE OF TEXAS FORM 1295 INSURANCE CERTIFICATE (ACCORD form showing required proof of insurance coverages with City named Additional Insured on all liabilities refer to attachment D-3 for instructions) COMMERCIAL GENERAL LIABILITY ENDORSEMENT CITY OF IRVING PAYMENT, PERFORMANCE, AND MAINTENANCE BONDS (Attachments G-4, G-5, and G-6) Must Use City of Irving bond forms. 22

23 23

24 CITY OF IRVING VENDOR SUMMARY PAGE ITB #115D-16F COMPLETE LEGAL NAME of firm submitting bid: Mailing Address: City, State, & Zip: Phone: Contact: Authorized Signature Date Signature indicates bidder accepts the specifications, terms and conditions of this solicitation and that bidder is not delinquent on any payment due the City nor involved in any lawsuit against the City. Print Name Title ARE YOU BIDDING as a Corporation Non-Profit Corporation Limited Liability Company Partnership Individual or Sole Proprietor M/WBE: If you are a minority-owned or woman-owned business, please check which type and list any certification number Black Hispanic Asia-India Asia-Pacific Native American Woman-Owned Certification # PAYMENT PREFERENCE: Check all that apply: EBT (electronic bank transfer) Check Credit card A current W-9 must be submitted by vendors receiving an initial award from the City of Irving. COOPERATIVE PURCHASES: Should other governmental entities decide to participate in this contract, would you agree that all terms, conditions, specifications and pricing would apply? Yes No. If other governmental entities choose to participate, each entity will place its own order and be responsible for its own payments. REFERENCES: This solicitation requires references. Please attach a list of three references either currently doing business with you or have purchased goods or services from you within the past 24 months. For each reference list name, contact person, address, telephone, and address. The City may utilize other available information in gaining a comprehensive overview of the bidder s qualifications and record of performance. Past performance with the City of Irving is a reference and if unfavorable, will deem the vendor as non-responsible and the vendor will not be considered for award. 24

25 INSTRUCTIONS for CONFLICT OF INTEREST QUESTIONNAIRE Attachment C-1 1. If you have a conflict of interest in doing business with the City of Irving, use Attachment C-2, Conflict of Interest questionnaire Conflicts of interest are addressed in Texas Local Government Code, Chapter You may consult your attorney on questions arising from the reading of Texas Local Government Code, Chapter 176, and you may contact the Texas Ethics Commission at or If you complete Attachment C-2, Conflict of Interest questionnaire: Put the name of bidder and name of company in block #1. If any person employed by bidder or bidder s company has any known business conflicts, other than previous contracts awarded through a competitive bidding process, or has an existing relationship with any employee of the City of Irving, list that information in block No. 3 as appropriate. Sign in block #4. 4. COI form is good for one year, and must be re-filed if conflict still exists. 5. Listings of City elected officials and local government officers may be found on the City s website: 6. A person failing to file a Conflict of Interest questionnaire, when required by Local Government Code, Chapter 176, commits a Class C misdemeanor. 25

26 Solicitation #109D-16F ATTACHMENT C-2 Adopted 8/7/

27 Federal Debarment Certification Attachment C-3 Under Executive Order 12549, bidders and proposers must complete the following certification in order to receive a contract or award in which Federal dollars are utilized. Bidders or proposers who are debarred or suspended by the Federal government are ineligible to receive award. City of Irving staff will verify accuracy of this certification. PLEASE CHECK APPROPRIATE SPACES: To the best of my knowledge and belief, (1) The bidder/proposer and/or any of its principals (check one) are or are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and (2) The bidder/proposer and/or any of its principals (check one) have or have not within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for; commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of proposers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (check one) are or are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses. Company Name Signature Title Date rev. 4/15/10 27

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