12-05-1990 (City Council) Agenda Packet AGENDA
CALLED MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
WEDNESDAY, DECEMBER 5 , 1990
5:00 P.M. COUNCIL CONFERENCE ROOM
MUNICIPAL COMPLEX
2000 HIGHWAY 78 NORTH
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 Discuss and consider awarding
competitive bid for Asphalt
Overlay Work on Annual Basis
in order to overlay Phase I of
Akin Lane on December 6 , 1990
2 Adjourn
NOTICE OF A CALLED MEETING
Notice is hereby given that the governing body of
the City
of Wylie will meet for a called session on the `7 ' day of
atelLMilbot! , 19942 , in the City Council' s
Conference Room in the Municipal Complex of Wylie at 2000
Highway 78 North, Wylie, Texas for the purpose of
considering the above Agenda .
Carolyn s , ecretary
Posted this the eq,9 day of W41,002.494..0 ,
199/57 , at ,p4,0 A M.
AGENDA ITEM
Special City Council Meeting on December 5 , 1990
at 5: 00 p.m.
RE: Discuss and Consider Awarding Competitive Bid for
Asphalt Overlay Work on Annual Basis In Order To
Overlay Phase I of Akin Lane on December 6 , 1990
MEMORANDUM
DATE: December 5 , 1990
T0: Mayor and City Council
FROM: Bill Dashner, City Manager "
RE: Discuss and Consider Awarding Annual Bid for
Asphalt Overlay Work and Seal Coating Work on as
Need as Authorized Basis for One (1 ) Year From
Date of Acceptance
Pursuant to our solicitation for bids on an annual contract
for asphalt overlay and seal coating (addendum to bid) on
city streets , one bid has been submitted by Bolen
Construction of Denison . A copy of the complete bid
document is attached . Bolen ' s bid is as follows :
Asphalt Overlay: $10 .00 per ton , in excess of 200 tons
$15 .00 per ton , if less than 200 tons
Seal Coating: $2 .50 per square yard
Move-in Cost : $500 .00 per move-in
Guaranteed response for move-in is one day after receipt of
order .
Recommendation: Award bid to Bolen Construction on an
annual contract for asphalt overlay and seal coating at the
above stated rate . The one year contract period shall
commence immediately upon award of the bid by Council . All
unit work will be authorized by City Council if in excess of
$5 ,000 . Performance and maintenance bonds will be posted
for all unit work in excess of $5 ,000 per contract .
CITY OF WYLIE
INVITATION TO BID
RETURN BID TO:
PURCHASING AGENT, CITY OF WYLIE
2000 HWY. 78 N.
P. O. BOX 428
WYLIE, TX. 75098
The enclosed INVITATION TO BID and accompanying
SPECIFICATIONS AND BID SHEET (S ) are for your convenience in
bidding the enclosed referenced products and/or services for
the City of Wylie.
Sealed bids shall be received no later than:
10 : 00 A. M. , WEDNESDAY, DECEMBER 5 , 1990
MARK ENVELOPE: "BID NO. 91-08; ASPHALT OVERLAY
CONTRACT"
The City appreciates your time and effort in preparing a
bid . Please note that all bids must be received at the
designated location by the deadline shown. Bids received
after deadline will be returned unopened and shall be
considered void and unacceptable. Bids received by the
deadline will be publicly opened at that time.
Awards should be made within approximately two weeks after
bid opening date. To obtain results , or if you have any
questions , please contact the Purchasing Agent for the City
of Wylie, ( 214 ) 442-2236 , Ext. 204
INSTRUCTIONS/TERMS OF CONTRACT
BID NO. 91-08
Sealed bids will be received for:
AN ANNUAL CONTRACT FOR
HOT-MIX ASPHALTIC CONCRETE OVERLAY
TO PROVIDE for a contract commencing on or about December
11 , 1990 and continuing for a period of one year.
Each bid shall be placed in a separate sealed envelope,
manually signed in ink by a person having the authority to
bind the firm in a contract and marked clearly on the
outside as outlined.
IT IS UNDERSTOOD that the City reserves the right to accept
or reject any/or all bids for any or all products and/or
services covered in this bid request and to waive
informalities or defects in bids or to accept such bids as
it shall deem to be in the City' s best interest.
ALTERING BIDS: Bids cannot be altered or amended after
submission deadline . Any interlineation, alteration, or
erasure made before opening time must be initialed by the
signer of the bid . guaranteeing authenticity .
WITHDRAWAL OF BID: A bid may not be withdrawn or canceled
by the bidder for a Period of ninety ( 90 ) days following the
date designated for the receipt of bids , and bidder so
agrees upon submittal of their bid.
SALES TAX: The City is by statute exempt from the State
Sales Tax and Federal Excise Tax; therefore, the bid price
shall not include taxes.
BID AWARD: The City reserves the right to award bid as unit
price or lump sum as it deems to be in the best interest of
the City.
CONTRACT: This bid, when properly accepted by the City,
shall constitute a contract equally binding between the
successful bidder and the City of Wylie. No different or
additional terms will become part of this contract with the
exception of a Change Order.
PAGE--2
CHANGE ORDERS: No oral statement of any person shall modify
or otherwise change, or affect the term, conditions or
specifications stated in the resulting contract. All change
orders to the contract will be made in writing by the
Purchasing Agent.
DELIVERY CHARGES: All delivery and freight charges (FOB job
sites) shall be included in the bid price.
CONFLICT OF INTEREST: No public official shall have
interest in this contract, in accordance with Vernon' s Texas
Codes Annotated, Local Government Code Title 5, Subtitled C,
Chapter 171 .
EXCEPTION/SUBSTITUTIONS: All bids meeting the intent of
this invitation to bid will be considered for award.
Bidders taking exception to the specifications, or offering
substitutions, shall state these exceptions in the section
provided or by attachment as part of the bid. The absence
of such a list shall indicate that the bidder has not taken
exceptions and shall hold the bidder responsible to perform
in strict accordance with the specifications of the
invitation. The City reserves the right to accept any
and/or all/none of the exception ( s ) substitution (s) deemed
to be in the best interest of the City.
DESCRIPTION: Any reference to model and/or
make/manufacturer used in bid specifications is descriptive,
not restrictive. It is used to indicate the type and
quality desired.
ADDENDA: Any interpretations, corrections or changes to
this Invitation For Bid and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested
in the Purchasing Agent. Addenda will be mailed to all who
are known to have received a copy of this Invitation to Bid.
Bidders shall acknowledge receipt of all addenda.
DESIGN, STRENGTH, QUALITY of materials and workmanship must
conform to the highest standards of manufacturing and
engineering practice.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A
prospective bidder must affirmatively demonstrate bidder's
responsibility. A prospective bidder must meet the
following requirements:
PAGE--3
1 . have adequate financial resources, or the ability to
obtain such resources as required;
2 . be able to comply with the required or proposed
delivery schedule;
3 . have a satisfactory record of performance;
4. have a satisfactory record of integrity and ethics;
5. be otherwise qualified and eligible to receive an
award.
The City may request representation and other information
sufficient to determine bidder' s ability to meet these
minimum standards listed above.
REFERENCES: The City requests bidder to supply, with this
bid, a list of at least three (3) references where like
services/products have been supplied by their firm. Include
name of firm, address, telephone number and name of
representative.
BIDDER SHALL PROVIDE with the bid response, all
documentation required. Failure to provide this information
may result in rejection of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless
the City of Wylie and all its officers , agents and employees
from all suits, actions, or other claims of any character,
name and description brought for or on account of any
injuries or damages received or sustained by any person,
persons, or property on account of any negligent act or
fault of the successful bidder, or of any agent, employee,
subcontractor or supplier in the execution of, or
performance under, any contract which may result from bid
award. Successful bidder shall pay any judgment with cost
which may be obtained against the City growing out of such
injury or damage.
INSURANCE: The successful bidder shall provide proof of
insurance coverage, as follows, with the City named as co-
insured.
PAGE--4
1 . Worker' s Compensation, as required by Texas Law.
2. Automobile Liability Insurance with minimum limits
(each occurrence) of $300 , 000 . 00 for bodily injury
and
$100 , 000 . 00 for property damage.
3 . Comprehensive General Liability Insurance with
minimum limits (each occurrence) of $300 , 000. 00
for injury or death and $100, 000. 00 for property
damage.
TERMINATION OF CONTRACT: This contract shall remain in
effect until contract expires, delivery/completion and
acceptance of products and/or service ordered or terminated
by either party with a thirty (30) days written notice prior
to any cancellation. The successful bidder must state
therein the reasons for such cancellation. The City of
Wylie reserves the right to award canceled contract to next
lowest and best bidder as it deems to be in the best
interest of the City.
TERMINATION BY DEFAULT: The City reserves the right to
enforce the performance of this contract in any manner
prescribed by law or deemed to be in the best interest of
the City in the event of breach or default of this contract.
The City reserves the right to terminate the contract
immediately in the event the successful bidder fails to:
1 ) meet delivery or completion schedules, or 2) otherwise
perform in accordance with these specification. Breach of
contract or default authorizes the City to award to another
bidder, purchase elsewhere and charge the full increase in
cost and handling to the defaulting successful bidder.
TESTING: Testing may be performed at the request of the
City, by an agent so designed, without expense to the City.
Test samples may be analyzed at any time during the contract
period to assure products furnished are in full compliance
with specifications.
PATENTS COPYRIGHTS: The successful bidder agrees to protect
the City from claims involving infringements of patents
and/or copyrights .
PAYMENTS will be made upon completion and acceptance by the
City of all work performed and receipt of a valid invoice,
in accordance with the State of Texas Prompt Payment Act,
Article 601f V. T. C. S.
PAGE--5
SAMPLES: When requested, samples shall be furnished free of
expense to the City.
WARRANTY: Successful bidder shall warrant that all
materials shall conform to the proposed specifications
and/or all warranties as stated in the Uniform Commercial
Code and be free from all defects in material, workmanship
and title.
REMEDIES: The successful bidder and the City agree that
both parties have all rights, duties, and remedies available
as stated in the Uniform Commercial Code.
SURETY BONDS: Successful bidder shall furnish and file with
the City performance and payment bonds in amounts equal to
the total amount of the contract, as evidenced by the bid
tabulation. The performance bond shall provide for the full
and faithful execution of the work and for repair and/or
replacement of all defects in materials and workmanship for
a period of one year from the date of completion and
acceptance.
VENUE: This agreement will be governed and construed
according to the laws of the State of Texas . This agreement
is performable in Collin County, Texas .
ASSIGNMENT: The successful bidder shall not sell, assign,
transfer or convey this contract, in whole or in part,
without the prior written consent of the City.
SILENCE OF SPECIFICATION: The apparent silence of these
specifications as to any detail or the apparent omission
from it of a detailed description concerning any point,
shall be regarded as meaning that only the best commercial
practices are to prevail. All interpretations of these
specifications shall be made on the basis of this statement.
ANY QUESTIONS concerning this Invitation To Bid and
Specifications should be directed to the Purchasing Agent,
442-2236, ext. 204 .
BID NO. 91-08
ANNUAL CONTRACT FOR
HOT MIX ASPHALT OVERLAY
Specifications and Bid Sheet
The following specifications are intended to describe the
minimum requirements for the laydown of hot-mix asphalt on
city streets. The bid shall be based on a fixed rate per
ton of asphalt laid, as required, for all street
reconstruction and resurfacing projects for a one year
period.
The City estimates annual asphalt requirements for street
reconstruction to be approximately 4 , 000 tons . This
estimate does not constitute an order, but only implies the
probable tonnage required. Contract labor for the laydown
of asphalt will be ordered and scheduled on an as needed
basis .
The City shall furnish all equipment, labor and materials
(with the exception of prime oil ) necessary for the
preparation of the subgrade prior to asphalt resurfacing by
the contractor. The City shall also furnish hot-mix asphalt
in quantities sufficient for the completion of the project
and shall have all asphalt delivered to the contractor' s
laydown machine .
The contractor shall furnish all labor and equipment
necessary for the laydown of hot-mix asphalt in accordance
with the City' s specifications and scheduling for each
street resurfacing project. Contractor' s equipment shall
include, but not be limited to, a standard ten foot self-
propelled asphalt paving machine and self-propelled steel
drum and/or pneumatic roller. Contractor shall also furnish
and apply to subgrade a sufficient quantity of MC-30 tac oil
to provide a prime coat at the minimum ratio of 2/10 per
square yard.
Unless otherwise stated herein, all materials, equipment and
construction methods covered under this contract shall
conform to the Standard Specifications for Public Works
Construction as published by The North Central Texas Council
of Governments .
Page--2 / . Co ,r 7 v7 /' C260 GY/'2 /r 7D j-
Bid Amount: $ Per Ton 4' 02L0 eV- /e ' " .
Move-In Costs: $ 5 'l c , l)2n��/n.
Number of days required for move-in A. R. O.
Bidder Name/Address: A / (:_e_7171f-ty-.7i6/?
624iQ 0) l n?�t in
At6Ak5ly?, 71/ 75/x26
9a - 4' 5- 7/7/ZoO
PHONE
Authorize Signature:
Title: tY)ec-
i
^pie
CITY OF WYLIE
2000 HWY. 78 N. - P.O. BOX 428
WYLIE, TEXAS 75098
(214) 442-2236
November 29,1990
ADDENDUM TO BID NO. 91-08: CONTRACT FOR ASPHALT OVERLAY
Re: Add-on bid for seal coating
The following shall be considered as an add-on to the above referenced
bid on an annual contract for asphalt overlay.
The contractor shall furnish all labor, equipment and materials nece-
ssary for seal coating on city streets in accordance with the City's
specifications and scheduling. The bid shall be based on a fixed rate
per square yard of surface treatment, as required, for a one year period.
Seal coating performed under this contract shall consist of a double
penetration course of aggregate (3/8 to 5/8 chip rock) with AC 5
penetrating oil . Contractor' s equipment shall consist of a self-
propelled broom, chip spreader and double drum roller.
All of the general provisions of the bid shall apply to this addendum.
Enter your bid below and returned this signed addendum with the orig-
inal bid documents.
BID AMOUNT: $ 250 per square yard
Bidder's Signature: l tAit,
BID FORM
BID NO. /' �2
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR
BID TO BE CONSIDERED.
1 . Article XI Section 5 Personal Financial Interest of the
City Charter states in part that "no officer or
employee of the City shall have a financial interest,
direct or indirect, in any contract with the City, nor
shall be financially interested, directly or
indirectly, in the sale to the City of any land,
materials, supplies or service. "
2. Is the bidder or any person having a direct or indirect
financial interest in t, bidder, an officer or
employee of the City //()
If yes , please identify the person or persons and the
exact nature of the interest.
3. Is the bidder or any officer or manager of the bidder
related to a Manager of the City department, any
employee of the City Purchasing Department, City
Ma�:-l�lo ,r
y , or any member of the City Council?
If yes , please identify the relationship between the
bidder and the City.
6, D9 a
Si ature Title
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CompanyName /�/I
• 6-2%Y/ al. ( >-
Address
•
/)/i/Z 75(Vo
BID FORM
BID NO. ()/"
THE FOLLOWING INFORMATION MUST BE PROVIDED FOR YOUR BID TO
BE CONSIDERED.
House Bill 620 Municipal Contracts: Non-resident Bidders.
New law of the State of Texas 69th Legislative Regular
Session prohibits cities and other governmental units from
awarding contracts to a non-resident bidder unless the
amount of such bid is lower than the lowest bid by the Texas
resident by the amount the Texas resident would be required
to underbid in the non-resident bidders state.
In order to make this determination, please answer the
following questions:
1 . Give the address and phone number of your principal
place of business.
9O3- 2/& ()
2 . Give the name, address of principal place of business
and phone number of your company's majority owner.
.�C.O a) ( l gn
91)5- ?AI)
3 . Give the name address of principal place of business
and phone number of your company' s ultimate parent
company.
PAGE--2
4 . If in any of your answers to number 1 , 2, or 3 above,
the answer indicated a principal place of business
other than within the State of Texas, you are required
to provide a copy of all relevant laws applicable to
non-resident bidders in the other jurisdiction.
Failure to supply this information may result in the
rejection of this your bid.
Si ature Title
Z:D/e/-)
Company Name and Address
Lllg Lc). (14Mi)
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