Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST CITY OF IRVING ITB NUMBER 035M-15F PREPARED BY FOR

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1 Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST CITY OF IRVING ITB NUMBER 035M-15F PREPARED BY Kleinfelder Central, Inc. Texas Registered Engineering Firm No. F-5592 FOR CITY OF IRVING WATER UTILITIES DEPARTMENT October, 2014

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3 Technical Specifications for the CITY OF IRVING REHABILITATION OF THE 2.0 MG FINLEY EST AND 5.0 MG HACKBERRY NO. 4 GST PROJECT NO. ITB#035M-15F OCTOBER 2014 DIVISION 1, DIVISION 2 (EXCEPT 02221), DIVISION 9, 13130, DIVISION , 05120, DIVISION 13 (EXCEPT 13130) DIVISION Gupta & Associates Inc. TBPE Reg. No. F Gupta & Associates Inc. TBPE Reg. No. F-2593

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5 SOLICITATION OVERVIEW The City of Irving is soliciting bids for: TITLE: Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST ITB Number: 035M-15F Commodity: 0105, General Construction 0140, Utilities Construction Due Date: 3:00 p.m., CST, Monday, November 17, 2014 Location: City of Irving, Purchasing Division 835 W. Irving Blvd. Irving, Texas Pre-Bid Conferences*: Date: November 6, 2014 Time: 1:00 p.m., CST Location: Training Room B, Valley View Municipal Complex 333 Valley View Ln. Irving, Texas *Attendance of the Pre-bid conferences is not 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: Marsha Hughes, Purchasing Agent, mhughes@cityofirving.org, Steve Pettit, Project Manager, spettit@cityofirving.org Questions may be submitted through 3:00 p.m., November 11, 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

6 ITB# 035M-15F Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST OVERVIEW Furnish all labor, materials, equipment and incidentals and make modifications to the Finley Elevated Storage Tank and Hackberry Ground Storage Tank complete and ready for operation as indicated on the Drawings and specified herein. The work for the includes, but is not necessarily limited to, the following major items: 1. Complete replacement of the exterior coating including the abrasive blasting and containment system 2. Complete replacement of the wet interior coating including the surface preparation blasting. 3. Power wash the interior dry area including spot repair. 4. Add three (3) City of Irving Logos. 5. Replace all interior wet and dry ladders. 6. Replace roof ladder and install new safety climb device 7. Extend existing access tube to the roof. 8. Install 6-inch drain pipe and valve between inlet/outlet pipe and overflow pipe. 9. Remove and replace the roof vent. 10. Install a 24-inch Butterfly valve on the 24-inch inlet/outlet pipe as per the Drawings. 11. Inlet pipe modifications at Hackberry No. 4 GST. 2

7 ITB# 035M-15F Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST Table of Contents OVERVIEW TABLE OF CONTENTS GENERAL CITY OF IRVING INSTRUCTIONS, REQUIREMENTS AND ATTACHMENTS: Vendor Summary Page... 6 Bid Pricing Pages Attachment A-4, 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 Attachment C-1, Conflict of Interest Instructions Attachment C-2, Conflict of Interest Statement Attachment C-5, Prevailing Wage Rates 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-3, Bonding Requirements for Construction Attachment G-4, City of Irving Performance Bond Attachment G-5, City of Irving Payment Bond Attachment G-6, City of Irving Maintenance Bond Attachment H-13, General Provisions and Requirements & Standard Form of Agreement Attachment H-14, Certificate of Insurance Example with minimum requirements Attachment H-15, Acknowledgement

8 CONSTRUCTION SPECIFICATIONS DIVISION 01 - GENERAL REQUIREMENTS SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION GENERAL NOTES APPROVED PRODUCTS LISTING SUMMARY OF WORK SITE CONDITION MEASUREMENT AND PAYMENT ENVIRONMENTAL PROTECTION PROCEDURES PROJECT MEETINGS SUBMITTALS PROGRESS SCHEDULE AND REPORTS ASBUILT DRAWINGS SCHEDULE OF VALUES TEMPORARY WATER WASTEWATER OVERFLOWS/SPILLS DISINFECTION OF POTABLE WATER FACILITIES CONTRACT CLOSEOUT CLEANING UP OP&M DATA WARRANTIES AND BONDS DIVISION 02 - SITE WORK SECTION SITE PREPARATION SECTION TRENCHING, EMBEDMENT, AND BACKFILLING SECTION STRUCTURAL DEMOLITION SECTION EROSION CONTROL SECTION REMOVING EXISTING ASPHALT FLATWORK SECTION REMOVING EXISTING CONCRETE FLATWORK SECTION CRUSHED STONE FOR GRAVEL DRIVEWAY REPAIR SECTION HYDRO-MULCH SEEDING DIVISION 05 METALS SECTION STRUCTURAL STEEL SECTION WELDING DIVISION 09 - COATING SECTION SURFACE PREPARATION AND FIELD COATING DIVISION 13 SPECIAL CONSTRUCTION SECTION ELEVATED STORAGE TANK REHABILITATION SECTION INSTRUMENTATION AND CONTROLS GENERAL PROVISIONS SECTION INSTRUMENTATION CONTROL PANELS SECTION PANEL MOUNTED CONTROL DEVICES 4

9 DIVISION 15 - MECHANICAL SECTION SECTION SECTION SECTION WATER PIPE TESTS WATER DECHLORINATION VALVES PIPE HANGERS AND SUPPORTS DIVISION 16 ELECTRICAL SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION ELECTRICAL GENERAL PROVISIONS ELECTRICAL SUPPORT HARDWARE ELECTRICAL DEMOLITION RACEWAYS, BOXES AND FITTINGS WIRES AND CABLES (600 VOLT MAXIMUM) LIGHT SWITCHES AND RECEPTACLES LOW VOLTAGE AC SURGE PROTECTIVE DEVICES (SPDs) LIGHTING SYSTEM UNDERGROUND SYSTEM GROUNDING AND BONDING SYSTEM ELECTRICAL HEAT TRACING END - TABLE OF CONTENTS 5

10 CITY OF IRVING ITB #035M-15F, Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST VENDOR SUMMARY PAGE COMPLETE LEGAL NAME of firm submitting bid: Mailing Address: City, State, & Zip: Phone: Contact: TOTAL BID from Bid Pricing Page $ 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 that you have completed recent contracts with in the past 24 months that were similar in scope and size in which 60% or more of the work was completed by your own crews or if your own crew will not be performing 60% or more of the work being bid, a list of three references that your sub-contractor(s) have completed that were similar in scope and size. Please also provide a list of projects you and your subcontract(s) are currently under contract with. For each reference list name of project, summary of work performed by your crews or proposed subcontract(s), project cost, owner of project, 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. 6

11 BID PROPOSAL Rehabilitation of the 2.0 MG Finley EST And 5.0 MG Hackberry No. 4 GST PROJECT NUMBER ITB#035M-15F Item No. Quantity Unit 1 1 LS Description and Unit Price in Words Construction of the rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST and associated facilities, exclusive of Items No. 2 through 39, complete in place, for the sum of Dollars and Cents per Unit. Unit Price in Figures $ Total Amount $ 2 1 LS Project mobilization complete in place, for the sum of Dollars and Cents per Unit. $ $ 3 1 LS Bonds and insurance complete in place, for the sum of Dollars and Cents per Unit. $ $ 4 1 LS Furnish and Install Full containment to be used during exterior surface preparation and coating. Including roof bonnet, ground cover and drawings submittal sealed by a professional engineer registered in the State of Texas, complete in place, for the sum of Dollars and Cents per Unit. $ $ 7

12 Item No. Quantity Unit 5 1 LS 6 1 LS Description and Unit Price in Words Furnish and Install exterior coating system per contract documents, including surface preparation and coating all exterior metal surfaces of the tank. Work includes all material and equipment, safety tools & plans, removal, haul off and disposal of all traces of coating, per most recent federal, state and local regulations, complete in place, for the sum of Dollars and Cents per Unit. Furnish and Install interior coating, including surface preparation and coating all interior wet area metal surfaces including the pipes and dehumidification during the work. Work includes all material and equipment, safety tools & plans, removal, haul off and disposal of all traces of the coating, per most recent federal, state and local regulations, complete in place, for the sum of Unit Price in Figures $ $ Total Amount $ $ Dollars and Cents per Unit. 7 3 EA Furnish and Install City of Irving logos, includes mock-up preparation and submittal, complete in place, for the sum of Dollars and Cents per Unit. $ $ 8 1 LS Power Wash and spot repair of interior dry areas includes recoating per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ 8

13 Item No. Quantity Unit Description and Unit Price in Words Install sleeves between the tension rods per contract documents, complete in place, for the sum of Unit Price in Figures Total Amount 9 30 EA 10 1 LS Dollars and Cents per Unit. Modify the tank exterior catwalk/platform railing per contract documents, complete in place, for the sum of Dollars and Cents per Unit $ $ $ $ Modify the tank interior (dry) platform hand rails at four (4) locations per contract documents, complete in place, for the sum of 11 1 LS Dollars and Cents per Unit. $ $ Repair weld on the interior access tube per contract documents, complete in place, for the sum of 12 1 LS Dollars and Cents per Unit. $ $ Remove and replace the roof vent per contract documents, complete in place, for the sum of 13 1 LS Dollars and Cents per Unit. $ $ 9

14 Item No. Quantity Unit Description and Unit Price in Words Remove and replace portion of the Main Roof Rafters per contract documents, complete in place, for the sum of Unit Price in Figures Total Amount LF Dollars and Cents per Unit. $ $ Install rafter extension for the new compression ring, per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ Remove and replace portion of the Secondary Roof Rafters per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ Remove and replace portion of the transverse stiffeners per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ Remove and replace portion of the longitudinal stiffeners per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ 10

15 Item No. Quantity Unit Description and Unit Price in Words Remove and replace the compression ring per contract documents, complete in place, for the sum of Unit Price in Figures Total Amount 19 1 LS Dollars and Cents per Unit. $ $ Remove and replace dollar plate per contract documents, complete in place, for the sum of 20 1 LS Dollars and Cents per Unit. $ $ Remove and replace support plate under dollar plate at the rafters, per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ Roof plate repair per contract documents, complete in place, for the sum of SF Dollars and Cents per Unit. $ $ Remove and replace portion of the upper tension ring per contract documents, complete in place, for the sum of LF Dollars and Cents per Unit. $ $ 11

16 Item No. Quantity Unit Description and Unit Price in Words Remove and replace portion of the roof plate welds per contract documents, complete in place, for the sum of Unit Price in Figures Total Amount 24 2,500 LF Dollars and Cents per Unit. $ $ Pit Welding Repair per contract documents, complete in place, for the sum of GAL Dollars and Cents per Unit. $ $ 26 1 LS 27 3 EA 28 1 LS Remove the existing platform inside the bowl and extend the existing access tube to the roof including 30-inch hatch per contract documents, complete in place, for the sum of Dollars and Cents per Unit. Remove and replace overflow pipe structural support inside the bowl interior per contract documents, complete in place, for the sum of Dollars and Cents per Unit. Miscellaneous operational component improvements that include replacing the corroded bolts on the inlet/outlet pipe and repair pipe and flanges, replace corroded bolts, cone weir and anti-vortex plate at the overflow pipe and weir per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ $ $ $ $ 12

17 Item No. Quantity Unit Description and Unit Price in Words Install 6-inch drain pipe and valve between the inlet/outlet pipe and the overflow pipe per contract documents, complete in place, for the sum of Unit Price in Figures Total Amount 29 1 LS Dollars and Cents per Unit. $ $ 30 1 LS Remove and replace the existing 18-inch x 24- inch diameter manway inside the bowl with a 24-inch diameter manway per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ 31 1 LS Remove and replace existing roof hatch with new 30-inch roof hatch including installing structural framing around the hatch opening, per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ 32 1 LS Remove and replace all tank ladders with carbon steel. per contract documents, complete in place, for the sum of Dollars and Cents per Unit. Remove and replace (2) vault ladders with aluminum per contract documents, complete in place, for the sum of $ $ 33 1 LS Dollars and Cents per Unit. $ $ 13

18 Item No. Quantity Unit 34 1 LS Description and Unit Price in Words Miscellaneous safety & security improvements including, adding safety climb device to the exterior roof ladder, installing carbon steel lanyard rings at each platform, installing new grab posts on the roof at each roof hatch, and replacing the center riser platform with galvanized (12 foot diameter) grating per contract documents, complete in place, for the sum of Dollars and Cents per Unit. Remove the existing CPS covers and install weld cap plates over the existing hand holes per contract documents, complete in place, for the sum of Unit Price in Figures $ Total Amount $ EA Dollars and Cents per Unit. $ $ 36 1 LS Miscellaneous electrical and instrumentation work including maintaining the operation of all antennae for the duration of the project per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ SY Finley EST and Hackberry 4 Site re-vegetation by hydro-mulch seeding per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ 38 1 LS Inlet Pipe modifications at Hackberry No. 4 GST per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ 14

19 Item No. Quantity Unit 39 1 LS Description and Unit Price in Words Construction Contingency Allowance as directed by the Owner, approval in writing is required prior to starting the work, complete in place, for the sum of Fifty Thousand Dollars and Zero Cents per Unit. Unit Price in Figures Total Amount $50,000 $50,000 ALTERNATE BID ITEM A-1 1 EA Install 24-inch Butterfly Valve to isolate tank (Sheet C-10) per contract documents, complete in place, for the sum of Dollars and Cents per Unit. $ $ TOTAL BASE BID Written in Words: SUMMARY The pay items included in this proposal form comprise all of the pay items for the project. Any additional required work shall be considered subsidiary to the related pay items provided herein. 15

20 Experience (Yrs) No. Project Name Client Scope of Work Coating Welding 1 Project Summary * List 10 tanks with similar size and design as Finley EST Tank Type** Client Contact Info*** Completion (mm/yr) * The contractor shall be a prime for coating for the projects listed in the Project Summary. ** Spheroid, composite, hydro pillar, multi-column etc.. *** Includes name, title, & phone number 16

21 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 accepted 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. 17

22 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. 18

23 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 bin 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, without 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. 19

24 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. 20

25 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

26 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 Vendor Summary 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 48 hours before the bid due date and time. 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. The checklist is an aid to the bidder in knowing which documents to submit. 17. Hot Line Vendors may call to anonymously report instances of fraud, waste or abuse. Please provide as many details as possible. 22

27 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 Supervisor 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 3:00 p.m. on November 17, 2014, in the Purchasing Conference Room, 835 W. Irving Blvd., Irving, TX

28 4. Pre-Bid Meeting A pre-bid meeting will be held on November 7, 2014 at 3:00 p.m. CST in the Training Room B, Valley View Municipal Complex, 333 Valley View Ln., Irving, Texas Attendance at one of the two meetings is mandatory and 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 award, four original wet signature sets of contract documents will be required no later than 14 calendar days after the date 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 perform at least 60% of the work required with the firms own forces to fill this contract. If the firm does not intend to perform at least 60% of the work required, they must provide who they propose to use as subcontractors and their refences and experience record as required in Vendor Summary Page. 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. 24

29 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. Final Payment Final payment will not be processed until the work is accepted by the City of Irving. 12. 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. 13. 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. 14. 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. 15. 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. Other factors deemed to be relevant. Financial integrity of bidder. 16. 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 25

30 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. 17. 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. 18. 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. 19. Warranties Contractor shall supply a minimum of two years 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 City of Irving. 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. 20. 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. 21. 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 than five percent of the amount of the bid 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. 26

31 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. 22. Time Allowed For Construction The total time for the project is 180 calendar days. Proposing more calendar days than specified in this paragraph shall be grounds for declaring the bid non-responsive. The contractor shall commence work not more than 14 calendar days after written notice to commence work has been issued and to complete the work on which he has bid within the number of calendar days specified in these Instructions to Bidders, and as provided in the City of Irving's Standard Form of Agreement. Work shall proceed as delineated in Section of these specifications. 27

32 CHECKLIST FOR BIDDERS Attachment B-7 ITB # 035M-15F Rehabilitation of the 2.0 MG Finley EST and 5.0 MG Hackberry No. 4 GST 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 total amount bid) DUE DATE (Bid must be received & stamped in Purchasing no later than 3:00 pm on November 17, 2014) 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 and Special Instructionspast 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) 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 FOUR SETS OF WET INK SIGNED CITY OF IRVING CONSTRUCTION CONTRACTS 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. 28

33 Location of City of Irving Purchasing Division Attachment B-10 29

34 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 blocks No. 3, #4 and/or #5 as appropriate. Sign in block #6. 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. 30