NORTH TEXAS MUNICIPAL WATER DISTRICT ......Contractor is to hire crews with knowledge on current...

Bidder Name:

NORTH TEXAS MUNICIPAL WATER DISTRICT MAINTENANCE DEPARTMENT

BID NO. 2019-0002-FS

NTMWD PAVEMENT, REPAIRS, INSTALLATION AND MAINTENANCE - VARIOUS SIZES

BIDS DUE May 15, 2019 10:00 a.m.

Bids must be delivered to:

NTMWD Administration Building 501 E. Brown Street Wylie, Texas 75098

TABLE OF CONTENTS SPECIFICATIONS

PRE-BID CONFERENCE ........................................................................................................... 1 OPENING DATE, TIME, PROCEDURES, CONTACTS, OTHER INSTRUCTIONS .................... 2 GENERAL CONDITIONS ........................................................................................................... 3 ROLES AND RESPONSIBILITIES .......................................................................................... 14 DEFINITIONS ......................................................................................................................... 15 AGREEMENT ................................................................................................................ 16

BID FORMS BID SIGNATURE FORM .......................................................................................................... 22 INFORMATION REGARDING HB 1295 ................................................................................... 24 COMPLIANCE WITH FEDERAL AND STATE LAWS .................................................... 25 CERTIFICATE OF INSURANCE .............................................................................................. 26 VENDOR COMPLIANCE TO STATE LAW .............................................................................. 27

This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all requirements and specifications.

NTMWD Pavement Repairs, Installation and Maintenance – Various Sizes

PAGE 1 OF BID NO. 2019-0002-FS

PRE-BID CONFERENCE

All bidders must attend one mandatory Pre-Bid Conference to be held on the following dates:

DATE: THURSDAY, April, 25 2019

TIME: 10:00 A.M. (CST)

LOCATION: NTMWD TECHNICAL SERVICES BUILDING TECHNICAL SERVICES CONFERENCE ROOM 810 N HWY 78, Bldg. G

Wylie, TEXAS 75098

OR

DATE: THURSDAY, May 2, 2019

TIME: 10:00 A.M. (CST)

LOCATION: NTMWD TECHNICAL SERVICES BUILDING TECHNICAL SERVICES CONFERENCE ROOM 810 N HWY 78, Bldg. G

Wylie, TEXAS 75098

RSVP: Vendors planning to attend the pre-bid conference should RSVP, in writing, via email, no later than 3:00 p.m., Wednesday, April 24, 2019 or Wednesday, May 1, 2019.

Send RSVPs to Chris Metz at [email protected].



OPENING DATE, TIME, PROCEDURES, OTHER INSTRUCTIONS

North Texas Municipal Water District (NTMWD) is requesting bids for an annual contract for Pavement Cutting, Removal, Repairs, Installation and Maintenance – Various Sizes for District owned properties. All bids must be submitted on the attached Bid Proposal Form. Bidders are required to bid on all items. Failure to bid on all items may result in bid rejection. Bids must be delivered to the Administration Building at 501 E. Brown Street, Wylie, Texas 75098 no later than Wednesday, May 15, 2019, by 10:00 a.m., Central Standard Time (CST), to be accepted. The Bid Opening will be held immediately following. All bids, including a “NO BID”, are due in the Administration Building by the due date in sealed envelopes or boxes. All bids must be clearly marked with the Bid Number, the name of the company submitting the bid, and date and time of opening on the outside of the envelope/box and/or Air Bill/Delivery Receipt. The original bid must be clearly marked "ORIGINAL" and contain all original signatures.

Any bid received after the date and/or hour set for bid opening will not be accepted. Bidder will be notified and will advise NTMWD as to the disposition by either pick up, return at bidder’s expense, or destroyed with written authorization of the bidder. If bids are sent by USPS to the Administration Building, the bidder shall be responsible for actual delivery of the bid to the Administration Building before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of NTMWD beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be disposed of as authorized.

Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. After the official opening, bids become the property of NTMWD and may not be amended, altered or withdrawn without the authorization of the Maintenance Manager.

NTMWD is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid.

NTMWD reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the District. The terms bidder, vendor, and respondent are used synonymously in this bid packet.



GENERAL CONDITIONS NTMWD Pavement Repairs, Installation and Maintenance Specifications

1. BACKGROUND/ INTRODUCTION The North Texas Municipal Water District (the “District”) is soliciting bids for pavement repairs, installation and maintenance on pavement of various sizes and thickness. Work will be performed in and around pump stations, water plants, wastewater plants, solid waste facilities, landfills, neighborhoods, high-traffic areas and on District rights-of-way. Contractor will supply all necessary materials, equipment, labor, and supervision to execute this contract as described. Contractor agrees to follow all specifications within this document in order to maintain the quality, integrity and longevity of the pavement sections. All work performed in fulfilling these requirements will be performed by competent personnel, utilizing professional maintenance methods.

2. CONSTRAINTS 2.1. Site Security

At no time will any contractor be authorized to begin work on any site without prior communication and scheduling with the District’s Representative. Contractor must check in at main office at all manned locations.

2.2. Equipment Maintenance No equipment repairs or routine maintenance will be allowed on District property unless necessary to restore equipment mobility.

3. TASKS/DELIVERABLES General Specifications 3.1. Schedule

Contractor must coordinate with District representative and plant personnel in order to schedule work. Due to high traffic volumes in some areas, night or weekend work may be necessary for safety reasons.

3.2. Contractor Contact Information Contractor must provide to Contract Administrator an address of the company, a primary office phone number; current e-mail addresses and working cell phone numbers for the company’s owner, for its officers, and for the field supervisor responsible for this contract.

3.3. Field Supervisor

Contractor must assign a full-time supervisor who can communicate effectively in English with Contract Administrator. Field supervisor must have a minimum of three years’ experience supervising pavement construction on and around utility sites, rights-of-way and near neighborhoods, or other relevant experience.

3.4. Communication Telephone calls and emails must be answered during normal working hours with no more than a two-hour return time for all calls where a message is left. Emails sent before noon should be responded to in the same day during normal working hours. Emails sent in the afternoon should be responded to no later than the following morning by 9 AM. All emails require a response for District’s records.

3.5. Maintenance Conflicts

If conflicts between required work and District use of a location arise, stop work and report the situation to Contract Administrator immediately.



3.6. Inspection Reports

Contract Administrator may require a written inspection report if contract specifications are not being met. The report will detail the previous week’s inspections, site visits, deficiencies cited and corrected, and any other information that is pertinent to the contract.

3.7. Employee Conduct Contractor and employees must remain courteous to the public and to District employees at all times while at the work site. Contractor must remove any personnel that are deemed by Contract Administrator to be negligent or incompetent or who endanger persons or property.

3.8. Employee Appearance Contractor employees are required to report to work in a company uniform including a clean shirt, long pants, boots and required personal protection equipment (PPE). No loose-fitting clothes or jewelry are to be worn while working on this contract. If a contractor’s employees are discovered working without necessary attire, they will be required to stop all work in progress. Contractor will not be allowed to return to work until all employees are in required attire.

3.9. Employee Hiring Contractor is to hire crews with knowledge on current pavement construction and maintenance practices. Any new hires must be trained by contractor to perform at a high level.

3.10. The contractor’s supervisory personnel will be alerted to any problems concerning employees. The District reserves the right to require immediate removal from sites any contractor employee who is deemed incompetent or detrimental to the best interest of the District.

3.11. Required Special Equipment Contractor may be required to utilize specialized equipment, depending on individual job requirements. For example: asphalt placer/lay down machine, power trowels, and concrete paving machines. If this equipment becomes necessary, the Contractor must coordinate utilization and rental cost with the Contract Administrator.

3.12. Equipment Condition

All vehicles and trailers utilized under this contract must be reasonably clean with minimal mud, dirt and grime. Equipment with large sections of noticeable rust or faded paint are not to be used for this contract. All vehicles, trailers, and rider-type equipment used by contractor must be identified with company name, logo, or the word “contractor” with vehicle number conspicuously displayed on door or side panels. This includes vehicles used by supervisors or company officers. Numbers must be at least 3″ in height and contrast with the color of the equipment. Properly done hand lettering, magnetic signs, or pressure sensitive decals may be used to comply with this specification.

3.13. Performance/Maintenance Specifications All specifications follow the North Central Texas Council of Governments (NCTCOG) Standards for Public Works Construction. Any changes to specifications requested must be coordinated with and approved by the Contract Administrator.



3.14. Release of Repair Areas 3.14.1. All areas where 4000 psi high early strength concrete is utilized is expected to be released within three (3) days of placement, with a minimum of 4000 psi breaks during compression testing of cylinders. 3.14.2. All areas where 4000 psi six sack concrete mix design is being utilized is expected to be released within seven (7) days of placement, with a minimum of 4000 psi breaks during compression testing of cylinders.

3.15. Coordination of Lab Testing

Contractor will be required to coordinate lab testing for all concrete repairs and compaction testing, utilizing the District approved testing firm. Firm information to be provided by the Contract Administrator.

3.16. Temporary Access Where it may be deemed necessary, contractor will be responsible for providing traffic rated steel plates for temporary access.

3.17. Saw Cutting, Removal and Disposal Contractor’s bid should include cost to saw cut, remove and properly dispose of all existing pavement when repairs or replacements are requested. Contractor should ensure proper equipment is being utilized to saw cut required thickness.

3.18. Concrete Pavement Mix Design Requirements All concrete pavement will be required to be 4000 psi mix-design. However, a High Early Strength concrete mix-design requested shall be used to ensure release of prescribed area within three 3 days.

3.19. Rebar Requirements for Concrete Pavement 3.19.1. All twelve inch concrete will require the use of #6 rebar placed and tied on 12”

centers each way (OCEW) 3.19.2. All ten inch concrete will require the use of #6 rebar placed and tied on 12” centers

each way (OCEW) 3.19.3. All 8 inch concrete will require the use of #6 rebar placed and tied on 12” centers

each way (OCEW) 3.19.4. All Curb and Gutter will require the use of #4 rebar, 6” curb with 18” Gutter and an 8”

flag thickness. 3.19.5. All rebar will require bar supports placed as necessary to ensure even concrete

coverage.

3.20. Tie-In to Existing Concrete Paving All tie-ins to existing concrete pavement will be required to utilize a twenty-four in long dowel rod, to be secured utilizing a high strength anchoring epoxy, every 24 inches on center. All expansion joints will be required to have a redwood or asphalt fiber filler board as necessary.



3.21. Sub-grade Contractor will ensure that all repairs and new installations are on proper subgrade. A minimum of six inches of compacted flex-base material will be required. Contractor will coordinate the delivery, installation and compaction of sub-grade to desired levels. On some occasions, NTMWD may provide necessary materials when available. Please refer to the Bid Form.

3.22. Spoil Collection and Removal Contractor is responsible for removal and proper disposal of any and all spoils from job site. This includes but is not limited to: demolished concrete, wood forms and scrap metal, concrete washout and residual asphalt. The cost of such should be reflective in the contractors overall bid.

3.23. Adjoined Paved Surface and Site Cleaning After completion of jobs, and before demobilization, all paved surfaces in the contract area must be blown, swept, or shoveled clean of all mud, debris. This includes employee generated trash, small rocks, litter, dirt, grass, and all other items on paved surfaces, regardless of their origin, unless otherwise specified by Contract Administrator.

3.24. Mobile Operations Work performed under this contract should be done in a manner that maximizes road user movement (including cyclists and pedestrians). Whenever possible, work crews should park in parking lots, side streets, or easements where there are no sidewalks or trails for pedestrian traffic. High intensity rotating, flashing, oscillating, or strobe lights must be used on all vehicles or equipment that are temporarily parked in a turn lane or working on the median. All work done on TXDOT Rights of way should follow the Texas Manual on Uniform Traffic Control Devices (TMUTCD).

3.25. Additional Services This specification also provides the means and methods for designated NTMWD authorities to request and authorize the contractor to accomplish related pavement work outside the basic scope of services. Examples of such related work would include but not limited to; repairs of existing pavement systems not specified and pavement marking or striping.

4 QUALIFICATIONS 4.1 Primary Business

Bidder’s primary business must be pavement repairs, installation and maintenance. 4.2 Award Eligibility

To be eligible for award, bidders are required to attend the scheduled Pre-Bid meeting. Sign in to record your attendance. Vendors who do not sign in or attend the required pre-bid conference will be deemed non-responsive.

5 WORK HISTORY/PAST PERFORMANCE Bidder must have operated to the extent outlined in these specifications and successfully conducted such an operation for a period of not less than three years within the last five years.



6 INSURANCE The successful bidder must submit proof of meeting necessary insurance requirements within ten (10) business days of notification by the District. Failure to respond within ten (10) business days will be grounds for declaring bid non-responsive to specifications.

7 ADDITIONAL CONSIDERATIONS 7.1 Notice to Proceed

Contractor must not begin construction of any project until written approval has been received. Notice to proceed will be accompanied by a District purchase order. Notice to proceed will typically be sent via email. Failure to obtain notice to proceed prior to beginning a project may result in non-payment for work performed.

7.2 Invoicing NTMWD will pay invoices on a Net 30 schedule. Contractor may invoice every two weeks. No invoice will be considered for payment until all work has been completed and accepted by Contract Administrator, unless otherwise specified by the Contract Administrator.

7.3 District-Initiated Schedule Contract Administrator reserves the right to cancel and/or reschedule projects when necessary due to adverse weather, site or soil conditions, and special events, which create an environment inappropriate for commencement of project.

7.4 Contractor Representation Contractor will operate independently and not as an agent, representative, partner, or employee of NTMWD. Contractor will be solely responsible for the acts and omissions of its employees.

7.5 Laws and Ordinances Contractor must comply with all local, state, and federal laws, regulations, and guidelines.

7.6 Storm Water Pollution Debris discharged into the street, into traffic lanes, down gutters/waterways, down storm drains or onto private property must be minimized and cleaned up as quickly as possible. This is to protect against contaminants entering into storm water watershed areas. It is the responsibility of the contractor to remove excessive dirt and debris from paved surfaces and curb lines.

7.7 Driver’s License Vehicle operators are required to have appropriate state licenses and comply with all federal, state, and local laws governing the operation of motor vehicles.

7.8 Use of Drugs and Alcohol Contractor’s employees will not consume/possess alcohol or use/possess any illegal drugs or be under the influence of such while on District property and/or while carrying out the requirements of this contract. The contractor must immediately remove any such employee from the work site. Notification to contractor of complaints concerning the aforementioned will be provided in writing if time and circumstances permit. Otherwise, notification shall be



oral, and shall be confirmed in writing as soon as possible.

7.9 Vehicles All vehicles, trailers, and rider-type equipment used by contractor for the execution of this contract must have required insurance, valid vehicle registration tags, and license plates. Contractor must comply with all roadway maintenance and safety standards and laws required by OSHA and the Texas Transportation Code.

7.10 Wage Rates

Contractor must pay no less than the general prevailing rates for the Project location as determined in accordance with statutory requirements. The minimum rates for various labor classifications as established by General Decision Number TX160289 09/16/2016 TX289.

7.11 Contract Questions/Concerns Questions and/or concerns regarding any aspect of this contract should be directed to Contract Administrator.

8 Warranty

8.1 Site Inspection District representatives will perform inspections as necessary to ensure that contractor is performing the contracted work as intended and described within these specifications.

8.2 Performance of Deficiencies If deficiencies are cited, the contractor must make corrections within 24 hours, weather permitting. District retains the right to secure an alternate contractor to make these corrections if contractor fails to do so. Any increased cost for corrective actions will be the sole responsibility of the defaulting contractor.

8.3 Damage Liability Contractor is responsible for any damage caused by their employees, vehicles, or equipment used to execute this contract. This includes damage to public and private property, fixtures, signage; landscape materials, irrigation equipment, and vehicles. All costs incurred for consultations and repair of damages will be billed to the contractor.

9 PERIOD OF PERFORMANCE 9.1 Contract Terms

The term of the contract will be one year with four District-optional one-year automatic renewal periods. Renewals letters will be sent out via email prior to the anniversary date of the contract.

9.2 Continuing Non-performance Continuing non-performance of the vendor shall be a basis for the termination of the contract by the District. The District shall not pay for work, equipment, or supplies which are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for termination for non-performance.



9.3 Contract Termination The contract may be terminated by NTMWD upon written thirty (30) days’ notice prior to cancellation.

10 LOCATIONS, ACREAGE & HOURS OF OPERATION 10.1 NTMWD has a large footprint that covers nine counties. Some work will require travel to

areas that could include Denison, Sulphur Springs, Howe, Melissa, Rosser and Combine, TX.

10.2 Work is generally permitted Monday through Saturday, weather permitting, between the hours of 7 AM and Dusk. Work being requested outside of these hours must be approved by the Contract Administrator.

11 SUBMITTALS In order to facilitate the award process, bidders are requested to submit all documents below with their bids. Otherwise, submittals must be received within five business days of notification by the District. Failure to comply within five business days may be grounds for declaring bidder non-responsive to specifications. All submittals may be researched, evaluated and verified by District staff. 11.1 Five-year Work History

Complete and submit a five-year company work history in resume form. Resume should be attached to the bid as a separate document. Include the following in resume:

• Official capacity of the person(s) executing the bid

• Company’s qualifications

• Years in business

• Legal structure of business (e.g. sole proprietor, Corp, LLC, etc...)

• Staff profile

• Experience providing pavement construction and maintenance services

• Number of current full-time hourly employees

• A list of organizations or contracts where the contractor is currently providing pavement construction and maintenance services. This list is to include the names, telephone numbers, and contact personnel of each organization. Include any contract numbers, amounts awarded, length of time on contract and specific type or types of pavement construction and maintenance responsibilities.

12 METHOD OF AWARD

12.1 The PRIMARY contract will be awarded to the lowest responsive, responsible bidder meeting specifications.

12.2 The District may or may not award contracts to additional responsible bidders in order to provide redundancy to our system.

12.3 The District may or may not award all items listed in this solicitation. The amount to be awarded is contingent upon allowable budgeted expenditures.

12.4 The District reserves the right to split the award among multiple contractors, in the best interest of the District.



12.5 The District reserves the right to compare all bids against any State and/or Inter-local contracts in determination of the award of this bid.

12.6 The successful Respondent may not assign their rights and duties under an award without the written consent of the District. Such consent shall not relieve the assignor of liability in the event of default by the assignee.

13 BID SUBMISSIONS

Due care and diligence has been used in preparation of the information contained in this request for bids, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the Respondent. North Texas Municipal Water District and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the Respondent to determine the full extent of the exposures.

This bid is issued in compliance with the NTMWD Purchasing Policy and with authorization from NTMWD’s Board of Directors.

13.1 Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, NTMWD reserves the right to waive any irregularities and to make an award(s) in the best interest of the District.

13.2 NTMWD reserves the right to accept or reject in part or in whole any bids submitted and to waive any technicalities for the best interest of the District. Bids may be rejected, among other reasons, for any of the following specific reasons:

• Bids containing any irregularities.

• Unbalanced value of any items.

• Failure to attend the mandatory pre-bid conference

13.3 Bidders may be disqualified and their submissions not considered, among other reasons, for any of the following specific reasons:

• Reason for believing collusion exists among the Vendors.

• Reasonable grounds for believing that any Vendor has an interest in more than one bid for the work contemplated.

• The Vendor having an interest in any litigation against the District.

• The Vendor being in arrears on any existing contract or having defaulted on a previous contract.

• Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc.

• Uncompleted work which in the judgment of the District will prevent or hinder the prompt completion of additional work, if awarded.

13.4 It is the bidders’ sole responsibility to print and review all pages of the bid document, attachments, questions and their responses, addenda and special notices.



14 BID SECURITY

14.1 Bidders must submit a bid security in the amount of $5000 as a guarantee that the Bidder will promptly enter into a Contract and execute Performance and Payment Bonds on the forms included in the Contract Documents if awarded the contract.

14.2 Acceptable Bid securities are:

• Certified or cashier's check made payable to the Owner.

• An approved Bidder's Bond underwritten by a surety named in the current list of "Surety Companies

• Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department.

14.3 Bid securities will be returned to bidders when the contract award is made or bids are rejected.

15 BID FORMS

15.1 Bidder must submit bids on the Bid forms provided with the Contract Documents for each contract Bid and include supplemental data to be furnished in the same sealed envelope with Bid.

15.2 Bid forms must be completed in ink or by ink type. The Bid price of each item on the form must be stated in words and/or numerals. Words take precedence in case of a conflict. In the case of a conflict between the unit price indicated and the extended amount shown, the unit price indicated multiplied by the stated quantity shall govern.

15.3 Execute bids by corporations in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation shall be shown below the signature.

15.4 Execute bids by partnerships in the partnership name. Forms are to be signed by a partner. Print the name below the signature. Write the title of the Partner and show the official address of the partnership shown below the signature.

15.5 Bidders must acknowledge receipt of all Addenda on the outside of the bid submission envelope and by signing beside the Addenda number.

16 CONTRACTS

16.1 The contract will be awarded to the lowest responsive, responsible bidder meeting specifications.

16.2 The District reserves the right to award multiple contracts to multiple bidders if it is deemed to be in the best interest of the District.

16.3 The successful Bidder(s) must execute the formal Contract Agreement and required bonds on the forms prepared and submitted by the Owner within fifteen (15) days after the Notice of Award. A Notice to proceed will be issued one an NTMWD Purchase Order has been approved. Contractor may not commence work until they have received both documents.

17 CONFIDENTIALITY

17.1 Any material that is to be considered confidential must be clearly marked as such and shall be treated as confidential to the extent allowable under Chapter 552, Government Code. Trade secrets or confidential information MUST be placed in a separate envelope marked



“CONFIDENTIAL INFORMATION.” Note: PRICING INFORMATION IS NOT CONSIDERED CONFIDENTIAL AND IF MARKED AS SUCH, WILL RESULT IN REJECTION OF YOUR BID.

17.2 The Texas Public Information Act gives the public the right to request access to government information, subject to certain narrow exceptions. NTMWD is an entity subject to this Act. Therefore, please be advised that your company's declaration that certain information submitted in response to a bid request is "confidential" will not be treated as such if the District receives a request for a copy of the bid proposal. NTMWD will of course make an effort to inform your company of such a request and to provide you with an opportunity to object to the release of any proprietary information, but NTMWD cannot and will not make an agreement to withhold information from the public contrary to the District’s responsibilities under the Act.

17.3 To the extent your response is incorporated into the contract, that contract will become an official record available for public inspection.

17.4 Bids shall be opened so as to avoid disclosure of contents to competing Respondents and kept secret during the process of awarding a contract. All bids that have been submitted shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the submission and identified as such.

18 INDEMNIFICATION

18.1 The successful Contractor shall defend, indemnify, and hold harmless North Texas Municipal Water District from any and all liability or loss of any nature whatsoever arising out of or relating to the Contractor performing work on District premises, including, without limiting the generality of the foregoing coverage, any act or omission of the contractor, its agents, servants, employees, or invitees in the execution or performance of the contract.

19 EXAMINATION OF CONTRACTS AND SITE

19.1 Bidders must examine Contract Documents, make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents and consider these in preparation of a bid for the project.

19.2 Bidders must read the Contract Documents and related technical data and reports thoroughly. Use a complete set of Contract Documents in preparing Bids. Assume responsibility for errors or misinterpretations resulting from the use of partial or incomplete contract documents.

19.3 Bidders should visit the sites to become familiar with general, local and site conditions that may affect cost, progress or performance of the work in any manner.

19.4 Bidders must become familiar with federal, state and local laws, ordinances, rules and regulations affecting cost, progress or performance of the work.

19.5 Bidders should make additional visits and investigations as necessary to determine the bid price for performance of the work in compliance with the terms of the Contract Documents before submitting a bid. Cost for these investigations is to be paid by the Bidders.

19.6 Bidders must acknowledge sole responsibility for job site safety by the submission of a Bid for this project.

19.7 The submission of a Bid is incontrovertible representation by the Bidder that respondent has complied with every requirement of this Section.



20 INTERPRETATIONS Bidders must submit all questions about the meaning or intent of the Contract Documents to

the District in writing. Replies are issued by Addenda to all parties recorded, by Contract Administrator, as having received the bidding documents. Only questions answered by formal written Addenda are binding. Oral and other interpretations or clarifications will be without legal effect. Questions received less than three days prior to the date for opening of Bids may not be answered



ROLES AND RESPONSIBILITIES 1. Site Safety

Contractor is responsible for controlling their operation at the work site and is solely responsible for the safety of their employees. This includes identification, control, and mitigation of environmental, health, and physical hazards present in the contract area.

2. Personal Protective Equipment Contractor is responsible for providing their employees appropriate safety devices, equipment, and clothing that meet both OSHA and TX DOT standards when working on this contract. Required personal protective equipment (PPE) includes, but is not limited to, an ANSI Class III safety vest, head protection, eye and face protection, hearing protection, and foot protection. If contractor employees are discovered working without necessary safety equipment in place, they will be required to stop all work in progress. Contractor will not be allowed to resume work until adequate safety equipment and/or devices are in place.

3. Vehicle Safety Contractor is responsible for keeping all vehicles, trailers, rider-type equipment, and power tools in safe operating condition. Amber safety strobes and lights are required for all vehicles and rider-type equipment. Each vehicle will be stocked with sufficient safety cones to properly close off a left turn as detailed in the Mobile Operations Policy (Appendix B). Cones must be at least 28″ tall, have two reflective bands, and meet MUTCD standards as an “approved channelizing device.”

4. Adverse Weather Contractor is responsible for ensuring that weather conditions are appropriate for scheduled maintenance. If contractor chooses to cancel and/or reschedule maintenance due to adverse weather they must notify Contract Administrator immediately. A new schedule and written work plan detailing length of expected delay and a strategy for compensating for lost time must be submitted within 24 hours of notification.



DEFINITIONS

1. CONTRACT ADMINISTRATOR – The person appointed by the District to represent their interest in the review and approval of the work and to serve as the contracting authority with the contractor. The Contract Administrator may appoint other persons to review and approve any aspect of the work.

2. PERSONAL PROTECTIVE EQUIPMENT (PPE) —Protective clothing, helmets, goggles, or other garments or equipment designed to protect the wearer's body from injury or infection.

3. PRICE—Price specified by the bidder includes all direct and indirect costs including, but not limited to, freight, delivery, fuel surcharges, etc. No additional charges will be allowed.

4. REASONABLE—When reasonable or reasonably is used, it shall mean that some decisions cannot be solely based on measured findings and that professional judgment is required.



AGREEMENT FOR

NTMWD PAVEMENT REPAIRS, INSTALLATION AND MAINTENANCE

This Agreement for NTMWD Pavement Repairs, Installation and Maintenance, (the “Agreement”) is made and dated as of______________________, 2019, by and between the North Texas Municipal Water District (“Owner” or “District”), a district created pursuant to Section 59, Article XVI of the Texas Constitution, acting by and through its duly authorized representative, having its principal offices at 505 E. Brown Street, Wylie, Texas 75098, and ___________________, a ______________________ organized and operating under the laws of the State of Texas, having an office at ________________________________(“Contractor”), for services in connection with pavement repairs, installation and maintenance.

RECITALS Owner is responsible for providing clean drinking water for much of North Texas. Owner has determined to contract with a contractor to provide pavement repairs, installation and maintenance services on an as needed basis, and as budgets allow. Owner put the services described above out for bid on April 18, 2019. Bids were opened on May 15, 2019. The contract was awarded to Contractor on _____________________, 2019. Owner and Contractor, in consideration of the mutual covenants set forth herein, intending to be legally bound, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work

is generally described as follows:

This project includes the performance of services to include but are not limited to: saw cutting, demolishing, removal, repairs, installation and maintenance of pavement segments at various utility sites within the NTMWD service area. Prices must be valid for the entire duration of the Contract, including Renewal Options.

ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is

generally described as follows: North Texas Municipal Water District Pavement Repairs, Installation and Maintenance

ARTICLE 3 – Contract Administrator 3.01 The Contract Administrator will be: Chris Metz, Maintenance Manager PO BOX 2408 Wylie, Texas 75098

Who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Contract Administrator in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.



ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents

for the prices outlined in the Bid Form; which is attached, and incorporated herein by reference. 4.02 Owner's Option to Renew

A. The term of the contract will be one year with four District-optional one-year automatic renewal periods. Renewals letters will be sent out via email prior to the anniversary date of the contract

ARTICLE 5 - PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments

A. Contractor shall submit Invoices in accordance with District policies. Invoices will be processed by Accounts Payable. Contractor may invoice every two weeks. No invoice will be considered for payment until all work has been completed and accepted by Contract Administrator

5.02 Payments;

A. NTMWD will pay invoices on a Net 30 schedule.

ARTICLE 6 - INTEREST 6.01 The Owner is not obligated to pay interest on moneys not paid except as provided in Section

2252.032 of the Texas Government Code. ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement Contractor makes the following

representations: A. Contractor has examined and carefully studied the Contract Documents and the other related

data identified in the Bidding Documents. B. Contractor has visited the sites and are now familiar with and is satisfied as to the general, local,

and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations

that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all documents made available related to this project,

E. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the sites, maps identified in the Contract Documents, and all additional examinations, investigations, data with the Contract Documents.

F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.



ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents

A. The Contract Documents consist of the following: 1. The entire Bid Packet 2. Insurance Requirements 3. Addenda 4. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid b. Documentation submitted by Contractor prior to Notice of Award

B. The following are also Contract Documents which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

1. Notice to Proceed 2. Written Amendment(s) 3. Change Order(s) 4. Field Order(s) 5. Work Change Directive(s) 6. Written Interpretation(s)

C. There are no Contract Documents other than those listed above in this Article 8.

D. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: a. Field Order b. Change Orders c. Contract Administrator’s Written Interpretation or Clarification

ARTICLE 9 - MISCELLANEOUS

9.01 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.02 Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.03 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.04 Venue A. Contractor agrees that venue shall lie exclusively in Collin County, Texas for any legal action.

9.05 Documents - All drawings, diagrams, illustrations, schedules, and other data or information.



A. All documents, including but not limited to all drawings, illustrations, schedules, maps, plans, specifications, and other data or information, created or used by Contractor in performance of the Work (the “Contractor’s Documents”) are the property of Owner. Contractor will provide all of Contractor’s Documents to Owner as soon as practicable, but not later than the conclusion of the Work.

9.06 Professionalism

A. All work is to be performed in a professional manner. Both work crew personnel and vehicles are to be identifiable. Vehicles are to have consultant’s name and contact phone number. The vehicles are to be kept clean and neat.

9.07 Safety

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, including but not limited to the requirements of the United States Occupational Safety Administration. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

a. all persons on the Site or who may be affected by the Work;

b. all the Work and materials and equipment to be incorporated therein, whether in storage

on or off the Site; and

c. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of project.

B. Contractor shall comply with all applicable laws and regulations relating to the safety of persons

or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.

D. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and final payment has been issued.

E. Contractor shall designate a qualified and experienced safety representative at the Site whose

duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.



ARTICLE 10 – INSURANCE REQUIREMENTS

10.01 Requirements A. The Contractor shall take out, pay for and maintain at all times during the prosecution of the work

under the contract, the following forms of insurance, in carriers acceptable to and in amounts approved by NTMWD (See Page 26).

1) Worker’s Compensation and Employer’s Liability Insurance

2) Contractor's Liability Insurance

3) Contractor's Automobile Liability Insurance

10.02 Review of Documentation

A. The District reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverage and their limits when deemed necessary and prudent by the District based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor

10.03 Provisions

A. Proof of Carriage of Insurance - All certificates of insurance will be required in duplicate and filed with the District.

B. All certificates shall provide North Texas Municipal Water District with an unconditional thirty days written notice in case of cancellation of any major change.

C. As to all applicable coverage, certificates shall name NTMWD and its officers, employees, and elected representatives as an additional insured.

D. All copies of the certificates of insurance shall reference the project name and RFP number for which the insurance is being supplied.

E. The Contractor agrees to waive subrogation against NTMWD, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent the loss, if any, is covered by the proceeds of insurance.

F. The Contractor/Vendor is responsible for making sure any sub-contractor(s) performing work under this agreement has the required insurance coverage(s) and supplies NTMWD with the proper documents verifying the coverage.

ARTICLE 11 - TERMINATION

11.01 Termination of Contract

A. The Agreement may be terminated by NTMWD upon written thirty (30) days’ notice to Contractor.



IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on _____________________.

Owner: North Texas Municipal Water District

Contractor:

By: By: (Signature) (Individual’s signature) Name: Thomas W. Kula Name: Title: Executive Director Title: Attest: Attest: (Signature) (Individual’s signature) Name: Name: (typed or printed) (typed or printed) Address for giving notice:

North Texas Municipal Water District PO Box 2408 Wylie, Texas 75098-2408 Designated representative: Designated representative: Name: Thomas W. Kula Name: Title: Executive Director Title: Address: 501 E. Brown Street Address: Wylie, Texas 75098 Phone: 972-442-5405 Phone: Facsimile: 972-295-6434 Facsimile: E-mail: [email protected] E-mail: (If Contractor is a corporation or a partnership,

attach evidence of authority to sign.)



BID SIGNATURE FORM

The undersigned, on behalf of and as the authorized representative of Respondent, agrees this bid becomes the property of the North Texas Municipal Water District after the official opening.

The undersigned affirms that the Respondent has familiarized itself with the local conditions under which the work is to be performed; satisfied itself of the conditions of delivery, handling and storage of equipment and all other matters which may be incidental to the work, before submitting a bid.

The undersigned agrees, on behalf of Respondent that if this bid is accepted, Respondent will furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Agreement. The period for acceptance of this Bid Proposal will be sixty (60) calendar days.

The undersigned affirms that he/she is duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of NTMWD, and that the contents of this bid have not been communicated to any other bidder or to any employee of the North Texas Municipal Water District prior to the official opening of this bid.

Vendor hereby assigns to purchase any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.

The undersigned affirms that he/she has read and understands the specifications and any attachments contained in this bid package. Failure to sign and return this form will result in the rejection of the entire bid.

Signature X Authorized Representative

NAME AND ADDRESS OF COMPANY:

Tel. No.

Date Name Title FAX No.

E-Mail Address:

AFTER HOURS EMERGENCY CONTACT:

Name:

Tel. No.

THIS FORM MUST BE SIGNED. THE ORIGINAL WITH ORIGINAL SIGNATURE MUST BE RETURNED WITH BID.



Did you provide references, sign your bid and/or your addendum?

If not, your bid will be rejected



The following information applies ONLY to an awarded Bidder

Certificate of Interested Parties (Form 1295)

In 2015, the Texas Legislature adopted House Bill 1295, which added Section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity. The disclosure of interested parties will be submitted online via Form 1295 and must be submitted to the governmental entity prior to any signed contract and/or vote by the governing authority.

The Filing Process:

1. Prior to award by Commissioners Court, your firm will be required to log in to the Texas Ethics Commission, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and fill out the Electronic Filing Application.

2. Once submitted, the system will generate an electronic Form 1295 displaying a “Certificate Number.” Your firm must print, sign and notarize Form 1295.

3. Within ten (10) business days from notification of pending award by the North Texas Municipal Water District, the completed Form 1295 must be submitted to NTMWD Finance Department.

4. Your firm will need to repeat this process and obtain a separate Form 1295 each time you enter into a new contract, renew a contract or make modification and/or amendments to NTMWD contract.

Instruction and information are available at https://www/ethics.state.tx.us/tec/1295-Info.htm or you may call the Texas Ethics Commission at (512) 463-5800

BY SIGNING ON THE “COMPLIANCE PAGE” YOUR FIRM AGREES TO ADHERE TO HB 1295 REFERENCED ABOVE.

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm



COMPLIANCE WITH FEDERAL AND STATE LAWS

CERTIFICATION OF ELIGIBILITY

By submitting a bid in response to this solicitation, the bidder certifies that at the time of submission, he/she is not on the Federal Government’s list of suspended, ineligible, or debarred contractors.

In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder will notify the North Texas Municipal Water District Finance Department. Failure to do so may result in terminating this contract for default.

DISCLOSURE OF INTERESTED PARTIES

By submitting a bid in response to this solicitation, the Bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder/Respondent agrees to provide NTMWD, and/or requesting department, the “Certificate of Interested Parties,” Form 1295 as required, within ten (10) business days from notification of award, renewal, amended or extended contract.

Visit https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm for more information.

Signature X

THIS FORM MUST BE SIGNED. THE ORIGINAL WITH ORIGINAL SIGNATURE MUST BE RETURNED WITH BID.

http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm



CERTIFICATE OF INSURANCE Any company that does business with the district should have General Liability (GL), Automobile Liability (AL) and Workers’ Compensation (WC) coverage at a minimum. Recommended Limits of Liability are:

• General Liability - $1,000,000 occurrence, $2,000,000 aggregate for premises/operations $1,000,000 occurrence, $2,000,000 aggregate for products/completed operations

• Automobile Liability - $500,000 combined single limit for bodily injury and property damage, Hired and non-owned autos included

• Workers’ Compensation - $500,000 per occurrence bodily injury, $500,000 per occurrence bodily injury by disease, $500,000 policy limit for bodily injury by disease. (These are Employer’s Liability limits and do not affect the payment of medical expenses or lost wages to injured employees.)



VENDOR COMPLIANCE TO STATE LAW Chapter 2252 of the Texas Government Code applies to the award of government contract to non-resident bidders. This law provides that:

“a government entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lower bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.” “Nonresident Bidder” refers to a person who is not a resident of Texas “Resident Bidder” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Check the statement that is correct for Bidder.

[___] Non-resident bidders in (give state), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the statute is attached.

[___] Non-resident bidders in (give state), our principal place of business, are not required to under bid resident bidders.

[___] Our principal place of business or corporate offices are in the State of Texas. Bidder:

Company Name:

(typed or printed) By (Signature -- attach evidence of authority to sign) Name: (typed or printed) Title: (Signature of Corporate Secretary) Business address:

Phone: Facsimile: E-mail

Item No. Description Unit Estimated Quantity

Proposed Unit Price

1 Base Bid - Remove and Replace

1000 sq ft or less per/sqft 1.00 1000 to 2000 sq ft per/sqft 1.00 2000 to 3000 sq ft per/sqft 1.00 3000 to 4000 sq ft per/sqft 1.00 4000 to 5000 sq ft per/sqft 1.00 More than 5000 sq ft per/sqft 1.00








Provide and Install 6 inches of Flex Base

Install 6 inches of Flex Base- Material Provided By NTMWD

Demo and Replace Existing Concrete Pavement 8 inch with #6 bars 12” OCEW using 4,000 psi six (6) sack mix

NTMWD Pavement Repairs, Installation and Maintenance BID # 2019-0002-FS

Demo and Replace Existing Concrete Pavement 8 inch with #6 bars 12” OCEW using 4,000 psi high early strength






Proposed Unit Price

2 Base Bid - Install New









Excavate, Provide and Install 6 inches of Flex Base

Excavate and Install 6 inches of Flex Base- Material Provided By NTMWD


New Concrete Pavement 8 inch with #6 bars 12” OCEW using 4,000 psi six (6) sack mix

New Concrete Pavement 12 inch with #6 bars 12” OCEW using 4,000 psi high early strength






Proposed Unit Price

3 Base Bid - Curb and Gutter

200 lf or less per/lf 1.00 200 to 500 lf per/lf 1.00 500to 1000 lf per/lf 1.00 1000 to 1500 lf per/lf 1.00 1500 to 2000 lf per/lf 1.00 More than 2000 lf per/lf 1.00




New Concrete Curb and Gutter 6" Curb Height, 18" Gutter, 8" Flag Thickness with # 4 Rebar - 4000PSI six (6) sack mix


Demo and Replace Existing Concrete Curb and Gutter 6" Curb Height, 18" Gutter, 8" Flag Thickness with # 4 Rebar -4000 PSI High Early Strength

New Concrete Curb and Gutter 6" Curb Height, 18" Gutter, 8" Flag Thickness with # 4 Rebar - 4000PSI High Early Strength

Demo and Replace Existing Concrete Curb and Gutter 6" Curb Height, 18" Gutter, 8" Flag Thickness with # 4 Rebar -4000 PSI six (6) sack mix


Proposed Unit Price

A1 ADD ALTERNATES

1000 lf or less per/lf 1.00 1000 to 2000 lf per/lf 1.00 2000 to 3000 lf per/lf 1.00 More than 3000 lf per/lf 1.00








Straight Arrows ea. 1.00 Curved Arrows ea. 1.00 Handicap Symbol ea. 1.00

Pavement/Parking Lot Striping Arrows & Handicap - To Include Pressure Washing

Hot Pour 3/4" Expansion Joint Sealing

Polyurethane 1/4" Control Joint Sealing

Polyurethane 3/4" Expansion Joint Sealing

Route and Hot Pour Seal Pavement Cracking

Pavement/Parking Lot Striping Fire Lane Stenciling - To Include Pressure Washing


Hot Pour 1/4" Control Joint Sealing

Pavement/Parking Lot Striping 4" - To Include Pressure Washing

Pavement/Parking Lot Striping 6" - To Include Presure Washing

NORTH TEXAS MUNICIPAL WATER DISTRICT ......Contractor is to hire crews with knowledge on current...

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