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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 A'0/472 67).571i-oaf, 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) ZA?j2ji: .1/ 7S( 7Lr)