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Item 4B CITY OF Item 4B SOUTH LAKE MEMORANDUM (August 1, 2017) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize expenditures through an Interlocal Agreement (ILA) with the City of Grand Prairie for Pavement Resurfacing Services with Reynold's Asphalt & Construction Co. in an amount not to exceed $500,000 for a 15-month period Action Requested: Authorize expenditures through an Interlocal Agreement (ILA) with the City of Grand Prairie for Pavement Resurfacing Services with Reynold's Asphalt & Construction Co. in an amount not to exceed $500,000 for a 15-month period. Background Information: The Public Works Streets & Drainage Division resurfaces and reconstructs local roadways each year as part of an annual pavement rehabilitation program. The program aims to maintain the integrity and structure of Southlake streets while improving mobility and ride quality for motorists. City Council authorizes annual pavement rehabilitation funds through the Capital Improvements Program (CIP). These funds are used to resurface or reconstruct local roadways as needed based on their Pavement Quality Index (PQI) scores. The PQI is a composite score that takes into account data collected on the road's structural integrity, surface quality, and ride quality by a third party consultant. The City's target PQI average is 78. The City's current PQI score averaged across all measured roads is 82. Staff determined the most economical procurement strategy was to leverage an ILA with the City of Grand Prairie. The City of Grand Prairie solicited bids (RFB #16112) for Pavement Resurfacing Services in July 2016 via best value criteria and awarded the contract to Reynolds Asphalt & Construction Co in August 2016. Chapter 271 of the Texas Local Government Code allows governmental entities to enter into an ILA with other governmental entities to share contracts which have met the statutory bidding Item 413 Page 2 of 3 requirements as prescribed by the State of Texas. The City of Southlake has such an agreement with Grand Prairie. The execution of this contract will allow the City's Streets & Drainage Division to continue to utilize PMA funds to perform pavement rehabilitation with internal City resources, and also leverage an external contractor to maximize the deliverables of the annual PMA Program. Currently, two roadway segments are tentatively scheduled to be repaved by Reynolds pending Council approval of this contract. Their structural integrity (SSI) and ride quality (PCI) scores are: Segment SSI PCI N. White Chapel Blvd. from SH 114 to Dove 91 24 roundabout N. White Chapel Blvd. from 400 feet south of W. Bob 91 36 Jones north to Dead End Table 1 Scores out of 100 possible points Reynold's Asphalt is also the City's provider for hot asphaltic mix. Financial Considerations: Funding for pavement resurfacing services is budgeted in the annual Capital Improvements Program (CIP) budget in an amount of $900,000. Expenditures will not exceed budgeted funds. The City of Grand Prairie selected Reynolds Asphalt & Construction Co. based on the following best value evaluation criteria: Evaluation Criteria Weight Price 40% Reputation 30% Experience 20% Past Relationship with the City and/or other 10% Municipalities Total 100% Strategic Link: This item links to the City's strategy map relative to the strategic focus areas of Mobility and Infrastructure. The specific corporate objectives that are met by this item include: (C2) provide travel convenience within the City & region, (132) Collaborate with select Item 413 Page 3 of 3 partners to implement service solutions, and (F2) invest to provide and maintain high quality public assets. Citizen Input/ Board Review: N/A Legal Review: This agreement conforms with previous ILAs that have been reviewed by the City attorney. Alternatives: The City Council may approve or deny this request. Supporting Documents: Attachment A: City of Grand Prairie RFB #16112 Attachment B: City of Grand Prairie Contract with Reynolds Asphalt & Construction Co. Staff Recommendation: Authorize expenditures through an ILA with the City of Grand Prairie for Pavement Resurfacing Services with Reynold's Asphalt & Construction Co. in an amount not to exceed $500,000 for a 15- month period. Staff Contact: Rob Cohen, Director of Public Works Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works/Operations Attachment A Gray d ' - T E 13XC A S ADDENDUM#1 RFB # 16112 PAVEMENT RESURFACING SERVICE July 14, 2016 1. The bid closing date has been changed FROM FRIDAY, JULY 22, 2016 to TUESDAY,JULY 26,2016,2:00 P.M. CST. Angi Mize Sr. Buyer (972) 237-8262 City of Grand Prairie Bid 16112 Solicitation 16112 PAVEMENT RESURFACING SERVICES Bid Designation: Public City of Grand Prairie 7/8/2016 9:32 AM P. 1 City of Grand Prairie Bid 16112 Bid 16112 PAVEMENT RESURFACING SERVICES Bid Number 16112 Bid Title PAVEMENT RESURFACING SERVICES Bid Start Date Jul 8,2016 10:30:33 AM CDT Bid End Date Jul.2016 2:00:00 PM CDT Question& Answer End Date Jul 18,2016 4:30:00 PM CDT Bid Contact Angi Mize Buyer Purchasing 972.237-8262 amize@gptx.org Contract Duration 1 year Contract Renewal 4 annual renewals Prices Good for 120 days Bid Comments It is the intent of this specification to obtain an annual price agreement for the purchase of pavement resurfacing services for the City of Grand Prairie Street Maintenance Division. These services shall include but not limited to cleaning,preparing surface,placing tack coat and overlaying with HMAC of city streets.All construction shall be in accordance with this specification and standards published by North Central Texas Council of Governments(NCTCOG).This contract will begin on or after August 17,2016. Information,questions or clarification concerning the intent of this RFB should be in writing and addressed to Angi Mize,Sr.Buyer at amize@gptx.org/972.237-8262 Registration for BidSync is free for notification of bids,addendums,and other information.if your company wants the convenience to download the bid documents from BidSync's website or to bid on-line through BidSync,BidSync offers these services,for bids posted by the City of Grand Prairie,for an annual fee of $60.00.This is not a fee charged by the City,nor does the City receive any part of this fee.If your company registers under the complimentary registration and opts out of the additional paid services from BidSync,you may email a request to the responsible Buyer for a copy of the bid documents and submit a hard copy bid directly to the Purchasing office. _... ...... _. _ _ _ . ...._.._ - — -- - _ . Item Response Form Item 16112--01-01 • ENTER PRICING ON ATTACHMENT A,BID SHEET Quantity 1 each Prices are not requested for this item. Delivery Location Crfy of�rattd Praire No Location Specified Qty 1 Description ENTER PRICING ON ATTACHMENT A,BID SHEET 7/8/2016 9:32 AM p.2 City of Grand Prairie Bid 16112 Specification REQUEST FOR BID RFB #16112 PAVEMENT RESURFACING SERVICES 1. PROJECT SCOPE It is the intent of this specification to obtain an annual price agreement for the purchase of pavement resurfacing services for the City of Grand Prairie Street Maintenance Division. These services shall include but not limited to cleaning, preparing surface, placing tack coat and overlaying with HMAC of city streets. All construction shall be in accordance with this specification and standards published by North Central Texas Council of Governments (NCTCOG). This contract will begin on or after August 17, 2016. 2. HOT MIX ASPHALT CONCRETE PAVEMENT—(HMAC) 64-22 2.1. Material and placement must meet specifications in accordance with the latest TXDOT Standard Specifications for Construction of Highways (http://www.dot.state.tx.us/business/specifications.htm) , except that the asphalt content of asphaltic concrete mixtures shall be not less than four percent(4%) and not greater than eight percent(80/o).Product must be non-toxic to fish and other aquatic life 2.2. The mileage haul from plant shall be determined along the nearest and shortest route from the plant to the job site. 2.3. Materials laid and finished by the bidder shall be compacted to not less than 96% compaction tested by laboratory based on the Texas Test Method 227F. 2.4. MSDS sheets must be provided with products where applicable. 3. OVERLAYING OF EXISTING STREETS 3.1 The street surface of the existing pavement shall be cleared of grass, weeds, and swept prior to placing of the overlay. 3.2 SS I (emulsion) shall be placed and used prior to placing HMAC overlay and shall cover entire area as per NCTCOG public works standards (bo://www nctcog_ori/envir/SEEDevEx/pubworks/standards.asp). Contractor shall supply all necessary materials and equipment to tack sub-grade prior to placing HMAC Type"D" surface course as outlined in the specification. 3.3 Driveways will be resurfaced back to the property line, with clean joint at tie in. 1 7/8/2016 9:32 AM p•3 City of Grand Prairie Bid 16112 Specification 4. TRAFFIC CONTROL 4.1 The contractor shall provide construction and maintenance signs, construction lights, barricades, channelizing devices and flagmen as required to provide for the safety of the traveling public. These items shall be in accordance with the recommended practices of the latest version of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways (M.U.T.C.D.) qp://www.txdot.gov/jzovemment/enforcement/signage/tmutcd.html . 4.2 Traffic control will be broken into the following two categories: 4.2.1 Residential: The contractor will be required to provide all traffic control on residential streets as part of the unit cost. 4.2.2 Thoroughfare: Traffic control on thoroughfares will be paid for as a separate unit cost as provided in the contract. Thoroughfare street work cannot begin prior to 8:45 am and must be clear by 4:30 pm unless prior written approval is given by city. 4.3 Construction signs shall not be removed from the project until approved by the city. 4.4 No street shall be closed except upon written authority from the city. 4.5 At the end of each day,the contractor shall prepare the work to the satisfaction of the city to ensure safe driving at night; and shall place temporary pavement markings and maintain it until the city has approved the final inspection. 4.6 Contractor shall submit a traffic control plan for approval four (4) days prior to starting work at any location. All barricades, detour signs for total closure of the street, and all maintenance of signs and removals upon completion of project shall be in accordance with Texas M.U.T.C.D. 4.7 All street work and closures will require a four (4) day notice to city so it may be publicized in the local paper as necessary. 4.8 Contractor shall provide all temporary pavement marking as needed and placed before removal of barricades for the safety of public until permanent markings are installed by owner. 5. UTILITIES 5.1 The contractor shall retain full responsibility for adjusting any and all public utilities and protecting same against damage during the life of the project. 5.2 The contractor is responsible for arranging all locates within rights-of-ways. 2 7/8/2016 9:32 AM P•4 City of Grand Prairie Bid 16112 Specification 5.3 Contractor shall adjust to final grade all existing valves and utilities. The manhole and valve adjustments shall be paid for as per bid pay items. Contractor shall be responsible for providing all manhole rings, valves, lids, etc., for the adjustment/placement to finished grade of street. They shall meet the City Standard Details for design. 6. WATER FOR CONSTRUCTION 6.1 The contractor shall pay for water for the project. The contractor will be required to make application and deposit for a construction meter with the City of Grand Prairie Water Utility Customer Services Division. 7. START OF CONSTRUCTION 7.1 The successful bidder agrees that projects will begin within seven (7) days of written notice and assurance of work order from the City. 7.2 The contractor shall pick up two portable (2) signs from city Street Department and place at each end of their project to inform citizens that this is a Sales Tax Project. Signs shall be returned to the Street Department at the completion project. Signs shall not be removed until contractor has permission by the City. 8. MATERIAL TICKETS The contractor shall provide the city with copies of all material tickets and certified weight tickets incorporated in the job on a daily basis. This requirement must be met to ensure quality control and quality assurance and proper payment to contractor. Any failure to provide tickets by the end of the day will result in the stoppage of the next day's planned activities and/or non-payment of work until tickets are provided. 9. PRIVATE PROPERTY CONCERNS 9.1 It shall be the contractor's responsibility to relocate any mailboxes and vehicles as may be necessary during the various stages of the projects. 9.2 It shall be the contractor's responsibility to cooperate with the property owners on all construction work to be performed. 9.3 Contractor shall not use property owner's water or place temporarily sanitation facilities on private property. 9.4 Proper sanitation requirements for contractor's employees shall be provided by contractor at no cost to the city or private property owners. 9.5 All private agreements between the contractor and property owners are not binding on the city of Grand Prairie. 3 7/8/2016 9:32 AM p.5 City of Grand Prairie Bid 16112 Specification 9.6 Door hangers will be provided by the city for the contractor to distribute to the property owners. All door hangers must be handed out a minimum of 72 hours prior to construction beginning, at the contractors expense and as requested by city. 10.BACKFILL AND CLEANUP 10.1 After the new asphalt is in place, compacted, temporarily striped (tabs or tape), cleaned up and approved by owner,then street can be opened to traffic. 10.2 All areas disturbed by the contractor will be returned to their original condition to include grass, sprinkler systems, etc. 10.3 Contractor shall complete all backfilling and clean up within ten (10) business days of completing the placement of 2"HMAC. 10.4 All excavated earth in excess of that required for back filling shall be removed from the job site and disposed of, at contractor's expense, in a satisfactory manner except in locations where, in the judgment of the City and property owner, it can be neatly spread over the adjacent area. 11. UNSATISFACTORY WORK The city shall not pay for work that is deemed not meting minimum specifications. The contractor will be given a reasonable opportunity to correct the deficiency. Failure of the contractor to correct the deficiency will be ground for non-compliance and termination of the contract and/or nonpayment. 12.FINAL INSPECTION Whenever the work provided for, and contemplated under, the contract has been satisfactorily completed and the final clean up performed, the representative authorized to accept same will make the "Final Inspection". Such inspection will be made within ten (10) days after written notification. After final inspection, if the work is found to be satisfactory, the contractor will be notified in writing of the acceptance. No time charge will be made against the contractor between said date of notification of the representative in charge and the date of final inspection of the work. 13. WORK ZONE MAINTENANCE It shall be the sole responsibility of the contractor to maintain the work zones during all phases of construction. This will included any repair or maintenance work needed due to delays from weather, scheduling, etc. 4 7/8/2016 9:32 AM P.6 City of Grand Prairie Bid 16112 Specification 14. WORKING HOURS 14.1 No street, lane, or alley closures will be allowed on weekends or holidays (listed below) and working times are 7:00 am to 5:00 pm (except on major thoroughfares) Monday through Friday; except as herein written in specifications. 14.2 Holidays 14.2.1 New Year's Day—January 1 14.2.2 Martin Luther King's Birthday—January 15 14.2.3 Memorial Day—Last Monday in May 14.2.4 Independence Day—July 4 14.2.5 Labor Day—First Monday in September 14.2.6 Thanksgiving—Fourth Thursday and Friday in November 14.2.7 Christmas—December 24th & 25th 15.WARRANTY All work performed under this contract for the City of Grand Prairie shall be warranted for a period of two years. If within two years, after acceptance of work, any of the work is found to be defective or not in accordance with the contract, the contractor shall correct it promptly after receipt of written notice from the owner. 16. PROCUREMENT SCHEDULE The projected schedule for this procurement is as follows: Activity Target Dates Release Bid Friday, July 8, 2016 Deadline for Questions Monday, July 18,2016 Responses to Questions Tuesday,July 19. 2016 Deadline for Receipt of Bids Friday,July 22, 2016 2:00 p.m. Council Date Tuesday,August 16, 2016 17. CONTACT Information, questions or clarification concerning the intent of this RFB should be in writing and addressed to Angi Mize, Sr. Buyer at amize@gptx.org/972-237-8262 no later than July 18, 2016, at 4:30 pm (CST). City of Grand Prairie's response to questions and requests for clarification will be posted to BidSync (www.bidsync.com) by July 19, 2016 at 4:30 pm (CST). 18.EVALUATION CRITERIA The following evaluation criteria will be utilized in the selection of a vendor: Price 40% Reputation 30% Experience 20% Past Relationship with the City and/or other Municipalities 10% TOTAL 100% 5 7/8/2016 9:32 AM p.7 City of Grand Prairie Bid 16112 Specification 19.BID SUBMITTAL—ITEMS TO BE SUBMITTED Interested vendor MUST submit at least one hard copy in a sealed envelope or electronic copy (flash drive, CD, or through BidSync) of the following items for consideration. The submission should be in the order stated below: a. Bid sheet(Attachment A) b. Questionnaire&References(Attachment B) c. Conflict of Interest Questionnaire(Attachment C) d. Submittal Affirmation Form(Attachment D) e. OR Statement of No Response(Attachment G) Vendor must submit at Ieast one hard copy and otte electronic (flash drive or CD) copy or'vza www brdsyric:corii'for an annual fee of$60. fids>must be submitted as requested. above no later than the response deadhrie of July 22 201h by 2:06 p m.;<to. Angi Mize, Sr.Buyer Purchasing Division 326 W.Main Street Grand Prairie, Texas 75050 _Late responses will be unopened and not accepted for consideration.The City of Grand Prairie is not responsible for lateness or failure of timely delivery via mail(whether delays are internal/external), carrier, etc. Please ensure you allow time to provide your response timely so that you may be properly considered.EMAIL BIDS WILL NOT BE ACCEPTED. The City reserves the right to reject any or all responses, to waive formalities, award a separate contract to separate vendors for each item/group, or to award one contract for the entire bid. 6 7/8/2016 9:32 AM p.8 City of Grand Prairie Bid 16112 Specification 20. AGREEMENT TERMS AND AWARD The term of the agreement will be for an initial one-year agreement with the option to renew for up to four (4) additional one-year periods. The price agreement shall be awarded to the vendor(s) submitting the bid(s) deemed to be in the best interest of the City. The City may award one Primary and one Secondary vendor by portions or for the entire bid. The City of Grand Prairie may award to a single vendor, multiple vendors, or use any combination that serves the best interest of the City. Successful bidder will enter into a contract with the City for an annual agreement in accordance with the terms and conditions found within. 21.BONDS 22.1 Each Contractor shall have in effect a Payment Bond and Performance Bond to cover the costs of all of the projects in which they are currently performing services. At a minimum, each Contractor shall have a Payment Bond and Performance Bond in the amount of$500,000.00. IF the total cost of all of the public works in progress exceeds such amount of the Bonds, then the Contractor will be required to get additional Bonds so that all costs of all of the projects currently in progress will be covered. The Bonds will be worded such that they cover all of the public works that are covered by specific terms of this price agreement, whether each street or project is separately designed on such bond. The Streets Division of the City of Grand Prairie shall work with the Contractor to calculate the costs of all of the projects in progress at any time. If the total amount of costs for the work in progress is greater than the amounts of Performance and Payment Bonds in effect, the Contractor shall either increase amount of bonds or reduce the amount of work in progress at any time. 22.2 The Maintenance Bond will be in the cumulative amount of payments made to each individual Contractor, or there will be a separate Maintenance Bond for each public work, at the option of each Contractor, but such bond shall remain in effect for two years from the date of acceptance of each project. 23 CONTRACT AWARD Vendor selected for contract will be required to return an executed contract to the City, a certificate of insurance naming the City as an additional insured, and a notarized copy of Form 1295 Certificate of interested parties within 10 days of the notice of award. 7 7/8/2016 9:32 AM P.9 City of Grand Prairie Bid 16112 Vendor Name s BID SHEET Contact RFB# 16112 Email N'--.__-__k¢rr( _ _..�e._ n+I�s s sh�s 1.�.6L PAVEMENT RESURFACING SERVICES Phone 817 ' '1-L 7 3 f3 t k� City/State arlL lBwd 1 Tlc Item# Line Item Description UOM Est Unit Price Est Cost Quantity 1 HMAC Type D Delivered more than 1500 tons Tons 7900 1 -741, so 1 sl r,?R, 2 HMAC Type D Delivered 500 to 1499 tons Tons 4700 $ 37 6 3 HMAC Type D Delivered less than 499 tons Tons 1200 4 HMAC Type C Delivered more than 1500 tons Tons 5400 ° yP _7�/. a� $ 3 5 HMAC Type C Delivered 500 to 1499 tons Tons 3000 '] �-3 a' $ a d 6 HMAC Type C Delivered less than 499 tons Tons 1200ae , $ 7 HMAC Type B Delivered more than 1500 tons Tons 5400 as 8 HMAC Type B Delivered 500 to 1499 tons Tons 3000a 7 o d 0 d 9 HMAC Type B Delivered less than 499 tons Tons 1200 a 10 Additional Mileage Charge -Hauled beyond the Tons 5500 $ 3, first 10 miles from bidders plant for Items# 1-9 Per Ton Per Mile 11 Move In Charge Each 30 F/-2--o0---a $ 3 d d 0 12 Thorough Fare Traffic Control Each 30Z od•d $ 13 Manhole Ring Riser Each 200 tt 14 Valve Ring Riser Each 200 d- Cc $ 36 , 0 00 I -A 15 Base Repair- Flex Base Tons 500 7• o Q $ 1 - 16 Flex Base Furnish and Install Tons 3000 32 Zo $1--N � o 17 Recycling 8"Deep More Than 3000+sy SY 13500 kk �o fp - 18 Recycling 8"Deep 1400 to 2999 sy SY 9000 a O $-d°/ 0 19 Recycling 8"Deep less than 1399 sy SY 4200 / .fy 1 $1 6 3 a o ° - 20 Hauling Excessive Material More Than 101 cy I CY 6000 /-. 7c) $ /7 20 0 7/8/2016 9:32 AM P.10 City of Grand Prairie Bid 16112 21 Hauling Excessive Material 51 to 100 cy CY 1500 ( an $moil 22 Hauling Excessive Material 50 or Less cy CY $ °1 200 23 Wedge Milling LF 6000 24 Full Depth Milling 0 to 4" 4� SY 15000 25 Full Depth Milling Each Additional Inch SY 15000 26 Backfill Shoulders LF 12000 =_�.'...�/....0__i $ 8 "t► 27 Pulverization SY 15000 •_`1 J...-3 $ d� 27 Petromat less than 2500 sy SY 1000 .r• 77 $ .T f 28 Petromat 2500 -4999 sy SY 3000 $1 a, 29 Petromat more than 5000 sy I SY 15000 ESTIMATED TOTAL $ 3 .tri 3 oe �a 7/8/2016 9:32 AM P.11 City of Grand Prairie Bid 16112 Request for Bid Questionnaire All questions should be answered clearly and completely. Marketing materials WILL NOT be accepted in lieu of this questionnaire. This questionnaire will assist the City in understanding your proposal and will be used in the evaluation process and therefore it is critical that the questionnaire be completed and submitted with your proposal. General Information&References: RESPONDENT NAME AND TITLE: p c. - f ee COMPANY: Te r h t �'f ta- Ca . ADDRESS, CITY, STATE ZIP: o fax 3�� �il2s'f 7k Zt;,o3Q-. TELEPHONE NUMBER: Si 7 E-MAIL: �K C2rrL--to CC 1 FEDERAL TAX ID: ___.....7AC......12.q yZ-7� ..._...... - s= i Provide 3 References, please include contact nme a , en agcy name, title,phone number and email of those you have provided similar services in the past three years Reference 1: Name&Title - I BdI B4,6"", Agency Name -I C, •1 it i f Phone - 8 7 `t � Email - F7 7tZt ti .T— k Reference 2: Name&Title- /?•)�rye /�} gw. r_ !Y a -F �t Agency Name- C,-� o /►-1,-d_/o-k,_ aH _, Phone- R7 Email - I Ma ze.4 a.f�_P A+.- /Q-A,tiN Reference 3: Name&Title - r°,�j Ceti s l� Agency Name - e-A Phone- _-- ziq..$------------------------------------------------------ Email o-fib fj� • sa 7/8/2016 9:32 AM p. 12 City of Grand Prairie Bid 16112 Service Questions: 1. How many years have you been in business? 3 2. How many years have you been performing the type of work detailed in the specification? 3. What is the total value of work you currently have under contract? 8c) 66 o � 60'd � 4, What is the percentage of work that is self-performed? (approximate) ( 0 E 5. Has your firm ever failed to complete a contract? e� _........................................................................................... 6. Has your firm ever filed for bankruptcy? If so,when? 7z7 O �r 7. Please list any pending judgment claims or suits again your company and explain on an additional page. 8. Have you had an OSHA fine within the past three (3)years? (If yes,you MUST submit on an additional page the circumstances of the event) Li 7/8/2016 9:32 AM p. 13 City of Grand Prairie Bid 16112 MA IV 9. Have you had any job related fatalities within the past five(5)years?(If yes,you MUST submit on an additional page the circumstances of the event) 10. In the event of a breakdown,where would your equipment be serviced? (Include name of business, address,phone number, and point of contact) !z6 .ro CQllow � c Y 11. List municipal/government agencies you have worked with,along with the contract amount, number of years contracted, agency contact,their email and phone namber Use separate sheet if needed. Contract - Yrs. Contracted- Name - Phone- Email - w,. Contract - $_.....7 ._o�... .. ..._.........._........_� Yrs. Contracted- .e4' 1 Name— d-{ 4r&A-4—T � dk L—4- 41L I.a A,+W Phone-F-17 2- Email - Contract - $ Zf 2-,"Y a a o o Yrs. Contracted- 2'Ok'- Ole Name- - W A,I//. Phone Email - I lk c 4e. ms s' &Ah, /,, sN •7 fes•L 12. Describe how you meet or exceed the minimum qualifications in the specification. P7 _-. - --. T_ 7/8/2016 9:32 AM p.14 City of Grand Prairie Bid 16112 13. Describe the experience in providing similar services within the last 2 years: Name- Zo ► 3 SAY �l a,.,2},e" ��%.�c f e n Contract - $ S j 7 t_ Z- Was the project finished on time - 20l e Was the project within budget - _ yQ r Name- _ Fd IWit, kov freta Contract - $ 4�. 4 I 1r- - 1 Was the project finished on time - I Ye r ���, Za / i1 Was the project within budget - -r Name - R� -r 4'�`(• Tlyut { Contract - $- 8 f� Sl,77 Was the project finished on time - ler Was the project within budget - �e Name - y�2 a,.r l I t Contract - $ �,r fq_ Was the project fmished on time - L Was the project within budget - Name- Contract - $ l� 5� , a 11 Was the project finished on time - -------- 0_1 cr' _Was the project within budget - Name - •he—So tz >e r .f-jvu� Contract - Was the project finished on time - )le-r -- Ah t,- Za I Was the project within budget - .f I 14. On the following page, list employees(last name only) along with their job title and number of years' experience in your line of work(add additional pages if necessary).Also list equipment, quantity and years in service. �1 [,A LIST OF EMPLOYEES Employee Last Name Job Title Years of Experience i 7 7/8/2016 9:32 AM p. 15 City of Grand Prairie Bid 16112 7-0 z TAY LIST ff OF AND EQUIPMENT It is represented as part of this bid that the below listed items of machinery and equipment are available for use on the work covered by this bid. 'Being Available" shall mean that the equipment is owned or under the control of the Bidder submitting this bid. It is important to state quantity and specifications of equipment available. Example: (2 each Walker automatic paint spray machines). Equipment/Machinery Years in Service Qty ! T1 T« x —=t�— --------------— ---------------- r ---- --.._._ m........... ..........,........ r............................. .ma.� s � 1 . C.........._......____. 7/8/2016 9:32 AM p. 16 EQUIPMENT LIST Manufacturer Description Manufacturer Description WATER TRUCKS ROLLERS: MACK 1996 4000 GAL TANK INGERSOLL-RAND 1996 PNEUMATIC PT125R INTERNATIONAL 1981 4000 GAL TANK CATERPILLAR 2000 ROLLER CB534C KAISER 1960 2500 GAL TANK CATERPILLAR 2001 COMPACTOR PS200B MACK 1984 4000 GAL TANK CATERPILLAR 2002 PNEUMATIC PS-150B INTERNATIONAL 1975 4000 GAL TANK CATERPILLAR 2001 STEEL WHEEL CB634C MACK CH613 2001 4000 GAL Tank CATERPILLAR 2003 ROLLER PS 150B CATERPILLAR 2006 ROLLER CS563E ASPHALT PAVERS : CATERPILLAR 2003 ROLLER CS563E CATERPILLAR 2002 AP1055B VIBROMAX 2004 ROLLER VM66PD ROADTEC(ASTEC) 1995 SB 2500 MTV Shuttle Buggy CATERPILLAR 2004 STEEL WHEEL CB534D CATERPILLAR 2004 AP1055B CATERPILLAR 2007 PNEUMATIC PS-150C CATERPILLAR 2011 AP1055E HAMM 2007 MODEL 3412 COMPACTOR ROADTEC(ASTEC) 2001 SB 2500 MTV Shuttle Buggy CATERPILLAR 2008 Compactor CB224E CATERPILLAR 2010 AP655D CATERPILLAR 2008 ROLLER CB534D CATERPILLAR 2011 PNEUMATIC PS-360C LOADERS FRONT END: CATERPILLAR 2011 Compactor CB24 CASE 1998 570LXT CATERPILLAR 2011 Compactor CB34 CATERPILLAR 1996 953B TRACK LOADER HAMM 2010 HD14 V V Drum Roller CATERPILLAR 2000 924G WHEEL LOADER CATERPILLAR 2011 ROLLER CP563E CASE 2001 570LXT CATERPILLAR 2011 PNEUMATIC PS-360C CATERPILLAR 2007 414E IL 4X4 LOADER CATERPILLAR 2011 Compactor CB64 CASE 2007 570M XT 4X4 LOADER HAMM 2011 HD+140 V V DRUM ROLLER CATERPILLAR 2005 953C TRACK LOADER HAMM 2010 3410 SOIL COMPACTOR CATERPILLAR 2007 414E IL 4X4 LOADER HAMM 2013 HD14 V V Drum Roller CASE 2006 570M XT 4X4 LOADER CATERPILLAR 2013 CW34 PNEUMATIC KUBOTA 2009 L4400 HAMM 2014 HD140 VVHF CATERPILLAR 2011 938H QC FU WHEEL LDR. CATERPILLAR 2007 PS-150C CATERPILLAR 2008 414E IL 4X4 LOADER JOHN DEERE 2013 JOHN DEERE 21 OK TRACTORS AND EXCAVATORS: CATERPILLAR 1999 215 EXCAVATOR MOTORGRADERS: CATERPILLAR 1998 D6H DOZER CATERPILLAR 1995 140G CATERPILLAR 2003 416D BACKHOE CATERPILLAR 1996 140H CATERPILLAR 1997 320B EXCAVATOR CATERPILLAR 1998 140H CATERPILLAR 2007 420E 4X4 BACKHOE CATERPILLAR 2000 140H CATERPILLAR 2011 320DLX EXCAVATOR CATERPILLAR 2004 140H CATERPILLAR 2012 D5K LGT DOZER CATERPILLAR 2007 140H CATERPILLAR 2013 420F 4S BACKHOE CATERPILLAR 2007 140H CATERPILLAR 2015 420F 4S BACKHOE MIXERS: CAT MIXER 1994 SS250 CAT MIXER 1998 SS250B CAT MIXER 2007 RM500 TEREX MIXER 2011 RS446C TEREX MIXER 2012 RS446C CAT MIXER 1 2015 IRM500B City of Grand Prairie Bid 16112 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity Dare Receivedand the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Q Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? ❑Yes ❑No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? ❑Yes ❑No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? ❑Yes ❑No D. Describe each employment or business and family relationship with the local government officer named in this section. Signature of vendor doing business with the governmental entity Date 7/8/2016 9:32 AM p.17 City of Grand Prairie Bid 16112 CITY OF GRAND PRAIRIE SUBMITTAL AFFIRMATION FORM FORM AND ADDENDA ACKNOWLEDGEMENT This will acknowledge your submittal contains all items as specified in section 19 and receipt of the following addenda which are part of the Solicitation Documents: ALL OF;`SECIYON I9'>HAS BEENSUBMIT.TEI); Addendum No. r.. _ �l Addendum No. j i Addendum No. Addendum No. �� INTERLOCAL PURCHASING Should other Government Entities decide to participate in this contract,would you,the Vendor, agree that all terms, conditions,specific tions, and pricing would apply? Yes No ❑ OTHER CONDITIONS The undersigned agrees to the following: A. Agrees that the submittal is complete and all required information/forms were submitted. B. Agrees that the bid package was fully reviewed and fully understands the requirements. C. Agrees to the Terms&Conditions as included in this bid packet and have noted any exceptions. D. Agrees that their submittal shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time. E. Will supply all required insurance,and execute contract within the time stated on the notice of award. F. Affirms that the submittal was not prepared in collusion with any other firm and the contents of this submittal have not been communicated by the undersigned or any agent with any other person engaged in this type of business. SUBMITTAL CERTIFICATION BY MY SIGNATURE I AFFIRM THAT I AM DULY AUTHORIZED TO EXECUTE THIS PROPOSAL AS AN OFFER TO CONTRACT AND IN COMPLIANCE WITH THIS SOLICITATION,THE UNDERSIGNED FIRM HAVING EXAMINED THE SPECIFICATIONS,AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET,HEREBY SUBMITS A PROPOSAL FOR CONSIDERATION OF BEING SELECTED AS THE CITY'S PROVIDER FOR SAID SERVICES;AND AGREES TO ENTER INTO NEGOTIATIONS IF SELECTED AS A FINALIST FOR SAID SERVICES. Authorized Signature Title Print/Type Name Date 7/8/2016 9:32 AM P. 18 City of Grand Prairie Bid 16112 Standard Terms Attachment E STANDARD TERMS AND CONDITIONS 1. INSTRUCTIONS: These standard terms apply to all solicitations. 2. BEST INTEREST: The City reserves the right to reject any or all responses and to waive formalities. The City also reserve the right to purchase through State awarded contracts or other intergovernmental agreements when it is in the best interest of the City. 3. PRICING: Price(s) quoted must be held firm for ninety(90) days to allow for evaluation unless otherwise noted in this document. 4. PAYMENT TERMS: Payment terms are Net 30 unless otherwise specified by the City in this document. 5. TAXES: The City of Grand Prairie is exempt from Federal Manufacture's Excise, and State Sales taxes. TAX MUST NOT BE INCLUDED IN PRICING. Tax exemption certificates will be executed by the City and furnished upon request. 6. PATENT RIGHTS: The vendor agrees to indemnify and hold the City harmless from any claim involving patent right infringement or copyrights on goods supplied. 7. FUNDING: The City of Grand Prairie is a home-rule municipal corporation operated and funded on an annual basis for Oct. 1 to Sept. 30. The City reserves the right to terminate,without liability to the City, any contract for which funding is not available. 8. ASSIGNMENT: Vendor shall not sell, assign, transfer, or convey this contract in whole or in part,without the prior written consent of the City. 9. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or to 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. 10. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. 1 7/8/2016 9:32 AM P.19 City of Grand Prairie Bid 16112 Standard Terms Attachment E 11. CONFLICT OF INTEREST: The successful vendor hereby covenants and agrees that during the Contract period that vendor and any of vendor's associates and employees will have no interest nor acquire any interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by vendor pursuant to this Contract will be conducted by employees or associates of vendor. Vendor further covenants and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any officer or employee of the City from having any financial interest, either direct or indirect, in any business transaction with the City. Any violation of this paragraph which occurred with the actual or constructive knowledge of vendor will render this contract voidable by the City. 12. CONFIDENTIAL WORK: Any reports, designs,plan, information,project evaluations, data or any other documentation given to or prepared or assembled by vendor under this contract shall be kept confidential and may not be made available to any individual or organization by vendor without the prior written approval of the City except as may be required by law. 13. WARRANTY, HOLD HARMLESS, AND INDEMNITY: Vendor warrants that the commodities it delivers to the City shall be delivered in a good and workmanlike manner, and that any items delivered to the City under this contract will be fit for the particular purpose for which it was furnished. Vendor shall defend, indemnify, and hold the City whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by, the execution or performance of this Contract or any of vendor's activities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, sub- vendor or invitee of vendor or any representative, agent, employee, or servant of the City. If an item is covered by a manufacturer's warranty, it is the responsibility of the vendor to obtain the information for City and to get the manufacturer to honor the warranty. 14. INSURANCE: Prior to the commencement of work under this Contract, vendor shall obtain and shall continue to maintain in full force and effect during the term of this Contract any insurance required by Law and any additional insurance that may be required pursuant to the specification. 15. F.O.B.: All shipping shall be F.O.B. delivered. 16. PACKAGING: Unless otherwise indicated, items will be new,unused, and in first class condition in containers suitable for damage-free shipment and storage. 2 7/8/2016 9:32 AM p.20 City of Grand Prairie Bid 16112 Standard Terms Attachment E 17. DELIVERY TIMES: Deliveries will be acceptable only during normal working hours at the designated City Municipal Facility. 18. COOPERATIVEINTERLOCAL PURCHASING: If the Vendor checked yes on the submittal affirmation form to allow for Interlocal Purchasing the following will apply: Government Entities utilizing Inter-Governmental Contracts with the City of Grand Prairie will be eligible, but not obligated, to purchase goods and services under this contract (s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Grand Prairie will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Grand Prairie will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order their goods and services as needed. 19. WAIVER OF ATTORNEYS FEES: Vendor and City expressly covenant and agree that in the event of any litigation arising between the parties to this contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. 20. PERFORMANCE OF WORK: Vendor or vendor's associates and employees shall perform all the work called for in this Contract. Vendor hereby covenants and agrees that all of vendor's associates and employees who work on this project shall be fully qualified to undertake same and competent to do the work described in this Contract, and the services performed shall be performed in a good and workmanlike manner, and that the finished product shall be fit for the particular use(s) contemplated by this agreement. 21. OWNERSHIP OF DOCUMENTS: VENDOR acknowledges that City owns all notes, reports, or other documents, intellectual property or documentation produced by the vendor pursuant to this agreement or in connection with its work which are not otherwise public records. Vendor acknowledges that City shall have copyright privileges to those notes, reports, documents, processes and information. Vendor shall provide City a copy of all such notes, reports, documents, and information (except to the extent that they contain confidential information about third parties) at City expense upon written request. 22. RIGHT OF REVIEW: Vendor covenants and agrees that the City, upon reasonable notice to vendor, may review any of the work performed by vendor under this Contract. 23. PROPRIETARY INFORMATION: Any material or information that is considered proprietary in nature must be clearly marked as such and will be treated as confidential by the City of Grand Prairie to the extent permitted under the Open Records Act. 3 7/8/2016 9:32 AM p.21 City of Grand Prairie Bid 16112 Standard Terms Attachment E 24. ORDERS AND INVOICING: A Purchase Order Number is required for all purchases. All invoices must be clearly marked with Purchase Order Number in order to be processed. Separate invoices will be required for each individual order and shall be mailed to PO Box 534045, Grand Prairie, TX 75053. As a Municipal Government, the City of Grand Prairie is exempt from all sales and excise taxes. DO NOT INCLUDE TAXES in price bid. Tax Exemption Certificates will be issued to successful vendor(s) upon request. 25. SPLIT AWARD: The City of Grand Prairie reserves the right to award a separate contract to separate vendors for each item/group or to award one contract for the entire bid. 26. WITHDRAWAL OF RESPONSE TO SOLICITATION: A response may not be withdrawn or cancelled by the vendor for a period of ninety (90) days following the date designated for the receipt without approval by the City. 27. CHANGE ORDERS: No Oral statement of any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of Grand Prairie. 28. ADDENDA: Any interpretations, corrections, or changes to this solicitation will be made by the City of Grand Prairie through a written addendum. 29. PRICE REDETERMINATION: A price re-determination for the increase in cost for goods or services shall be considered by the City of Grand Prairie only at contract renewals. Requests for price re-determination shall be substantiated in writing and provided to the City no less than 30 days prior to contract renewal. The City reserves the right to negotiate with the vendor on any price re-determination requests and to reject any price re-determination requests that are deemed as not in the best interest of the City. 4 7/8/2016 9:32 AM P,22 City of Grand Prairie Bid 16112 Insurance Attachment F INSURANCE and INDEMNITY Insurance The bidder, acting as an independent contractor, must provide the following insurance, which must be kept in force during the term of the contract. Performance under the contract will not start until this obligation has been met. TYPE AMOUNT 1. Workers'Compensation Statutory 2. Employer's Liability $1,000,000 3. Comprehensive General Liability $1,000,000(Combined Single Limit) Premises Operations Products Operations Hazard Contractual Insurance 4. Comprehensive Automobile Liability $1,000,000(Combined Single Limit) The successful contractor must provide insurance certificates satisfactory to the city of Grand Prairie within ten (10) working days after notification of award. Generally with a carrier authorized to do business in Texas and rated"A"or better in the current Best Key Rating Guide. Failure to supply such insurance shall be a breach of the contract. All policies shall be of the "occurrence type" and the city of Grand Prairie shall be listed as an additional insured(to the extent Contractor/City are indemnified pursuant to the indemnity provisions herein) on all certificates of insurance. Additional Insured Clauses does not apply to Workers' Compensation and Employer's Liability. A waiver of Subrogation Clause,naming the city of Grand Prairie "shall be included" on all types of coverages. Thirty(30) days prior written notice to the city of cancellation or material change endorsement shall be attached to all policies. Insurance certificate to be submitted to: Purchasing Division, P.O. Box 534045, Grand Prairie, Texas 75053-4045.Bid number shall be included on certificate. Indemni The successful contractor shall defend,indemnify and save harmless the city of Grand Prairie and all its officers, agents and employees who are participating in this contract from all suits, actions, or other claims of any character, name and description brought for or on account of any negligent act or fault of the contractor, 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 of Grand Prairie and participating entities growing out of such injury or damages. I 7/8/2016 9:32 AM p.23 City of Grand Prairie Bid 16112 r , A.. STATEMENT OF NO RESPONSE RFB #16112 PAVEMENT RESURFACING SERVICES The City of Grand Prairie is very appreciative of the time and effort you expend in preparing and submitting qualifications to the city. If you are not submitting a response,please complete and return this form. We,the undersigned,have declined to submit for the following reason(s): ❑ Specification too "tight", i.e. geared toward one frnn only (please explain reasons below) ❑ Specification unclear. (Please explain. below) ❑ Insufficient time to respond ❑ We do not offer the services(s)requested ❑ Our schedule would not permit us to perforin ❑ Unable to meet requirements ❑ Job too large ❑ Job too small ❑ Cannot provide required insurance or bonding(if required) ❑ Do not wish to do business with the City of Grand Prairie. (Please explain below) ❑ Other (Please explain below) REMARKS: f y Company Name: ' Contact: Phone: Email: 7/8/2016 9:32 AM p.24 City of Grand Prairie Bid 16112 PERFORMANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of ,as Principal,and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Grand Prairie (Owner), in the sum of Dollars($ )as a proper measure of liquidated damages, for payment whereof,the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns,jointly and severally, by the presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of ,2 , to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully contract agreed and covenanted by the Principal to be observed and performed and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void;otherwise to remain in full force and effect; PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety,for value received,stipulates and agrees that no change,extension of time,alteration or addition to terms of the contract,or to work performed thereunder,or the plans,specifications or drawings accompanying the same,shall in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of ,2 PRINCIPAL SURETY By: By: Title: Title: Address: Address: Name and address of the Resident Agent of Surety is: 7/8/2016 9:32 AM p.25 City of Grand Prairie Bid 16112 PAYMENT BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of ,as Principal,and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Grand Prairie (Owner), in the panel sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves and their heirs,administrators,executors,successors and assigns,jointly and severally,by the presents: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of ,2 ,to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall pay all claimants supplying labor and materials to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void;otherwise to remain in full force and effect; PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provision of said Article to the same extent as if it were copied at length herein. Surety,for value received,stipulates and agrees that no change,extension of time,alteration or addition to terms of the contract,or to work performed thereunder,or the plans,specifications or drawings accompanying the same,shall in anywise affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument the day of ,2 PRINCIPAL SURETY By: By: Title: Title: Address: Address: Naive and address of the Resident Agent of Surety is: 7/8/2016 9:32 AM p.26 City of Grand Prairie Bid 16112 MAINTENANCE BOND STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of ,as Principal,and a corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, do hereby acknowledge themselves to be held and firmly bound to pay unto the City of Grand Prairie (Owner), a municipal corporation of the State of Texas, its successors and assigns, at Grand Prairie,Dallas County,Texas, the sum of Dollars($ ), 100% of the total amount of the contract for the payment of which sum said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,by the presents: This obligation is conditioned,however,that: WHEREAS, the Principal has entered into a certain written contract with the OWNER, dated the day of ,2 ,to which contract and the plans and specifications therein mentioned,adopted by the City of Grand Prairie,are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein,and WHEREAS,under the said plans, specifications and contracts,it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of two(2)years from the date of acceptance thereof and perform all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated by the said Contractor on account of any breaking of such improvements, caused by the said Contractor on constructing the same,it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material, work or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or make said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety shall be subject to the damages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said Contract and this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Contractor shall perform its agreement to maintain said construction and keep same in repair for the maintenance period of two(2)years as herein and in said contract provided,then this obligation shall be null and void and have no further effect;otherwise,to remain in full force and effect; It is further agreed that this obligation shall be a continuing one against the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided until the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period,and the same shall not be changed,diminished,or any matter affected from any cause during said time. IN WITNESS WHEREOF, the said as Contractor and Principal and the said Attorney-in-Fact, and the said Attorney-in-Fact has hereunto set his hand this the day of 12 PRINCIPAL SURETY By: By: Title: Title: Address: Address: Attorney-in-Fact 7/8/2016 9:32 AM p.27 City of Grand Prairie Bid 16112 Question and Answers for Bid #16112 - PAVEMENT RESURFACING SERVICES Overall Bid • There are no questions associated with this bid. 7/8/2016 9:32 AM p.28 Vendor Name BID SHEET Contact RFB# 16112 Email PAVEMENT RESURFACING SERVICES Phone City/State Item# Line Item Description UOM Est Unit Est Cost Quantity Price 1 HMAC Type D Delivered more than 1500 tons Tons 7900 $ - 2 HMAC Type D Delivered 500 to 1499 tons Tons 4700 $ - 3 HMAC Type D Delivered less than 499 tons Tons 1200 $ - 4 HMAC Type C Delivered more than 1500 tons Tons 5400 $ - 5 HMAC Type C Delivered 500 to 1499 tons Tons 3000 $ - 6 HMAC Type C Delivered less than 499 tons Tons 1200 $ - 7 HMAC Type B Delivered more than 1500 tons Tons 5400 $ - 8 HMAC Type B Delivered 500 to 1499 tons Tons 3000 $ - 9 HMAC Type B Delivered less than 499 tons Tons 1200 $ - 10 Additional Mileage Charge-Hauled beyond the first 10 miles Tons 5500 $ from bidders plant for Items# 1-9 Per Ton Per Mile 11 Move In Charge Each 30 $ - 12 Thorough Fare Traffic Control Each 30 $ - 13 Manhole Ring Riser Each 200 $ - 14 Valve Ring Riser Each 200 $ - 15 Base Repair-Flex Base Tons 500 $ - 16 Flex Base Furnish and Install Tons 3000 $ - 17 Recycling 8"Deep More Than 3000+sy SY 13500 $ - 18 Recycling 8"Deep 1400 to 2999 sy SY 9000 $ - 19 Recycling 8"Deep less than 1399 sy SY 4200 $ - 20 Hauling Excessive Material More Than 101 cy CY 6000 $ - 21 Hauling Excessive Material 51 to 100 cy CY 1500 $ - 22 Hauling Excessive Material 50 or Less cy CY 200 $ - 23 Wedge Milling LF 6000 $ - 24 Full Depth Milling 0 to 4" SY 15000 $ - 25 Full Depth Milling Each Additional Inch SY 15000 $ - 26 Backfill Shoulders LF 12000 $ 27 Pulverization SY 15000 $ - 27 Petromat less than 2500 sy SY 1000 $ - 28 Petromat 2500-4999 sy SY 3000 $ - 29 jPetromat more than 5000 sy SY 15000 $ - ESTIMATED TOTAL $0.00 Attachment B CONTRACT for SERVICES PRICE AGREEMENT CITY OF GRAND PRAIRIE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS § THIS CONTRACT is made and entered into this date by and between the CITY OF GRAND PRAIRIE, a Texas municipal corporation (hereinafter referred to as the "CITY"), and REYNOLDS ASPHALT& CONSTRUCTION CO. (hereinafter referred to as"VENDOR")and evidences the following: I. PURPOSE VENDOR shall provide pavement resurfacing services per bid award resulting from VENDOR'S response to RFB#16112, submitted by Ned Tankersley,on July 26,2016. II. DESCRIPTION OF SERVICES The services which VENDOR shall provide for the CITY shall include the following: A. VENDOR hereby covenants and agrees that VENDOR is to work closely with the CITY's Public Works Director or their designee, and/or other appropriate officials of the CITY, and that VENDOR is to perform any and all tasks required of VENDOR to fulfill the purposes of this Contract. B. VENDOR and the CITY covenant and agree that VENDOR shall perform all of the services and work contained in CITY specifications and VENDOR'S bid to the CITY (attached hereto as "Exhibit A"); said document being part of this Contract and incorporated in its entirety herein. The parties agree that should there be any conflict between the terms of the incorporated document and this Contract, the provisions of this Contract shall control. The parties understand that quantity of services to be furnished to the City is an estimate and that the City may order more or less depending on the projects and the work of the City that requires the services. The price of the services shall remain constant throughout the term of contract. C. VENDOR expressly covenants and agrees to provide the CITY with such written reports or documentation of guaranties as may be required by the scope of the submittal. III. PERFORMANCE OF WORK VENDOR or VENDOR'S associates and employees shall perform all the work called for in this Contract. VENDOR hereby covenants and agrees that all of VENDOR'S associates and employees who work on this project shall be fully qualified to undertake same and competent to do the work described in this Contract, and the services performed shall be performed in a good and workmanlike manner, and that the finished product shall be fit for the particular use(s) contemplated by this agreement. CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 1 of 6 IV. PAYMENT The CITY shall pay to VENDOR a sum not to exceed those unit prices,or percentage discount from list price where applicable in the submittal for the purchase of services designated herein and in no event shall total payments under the base contract exceed $3,523,900.00 without additional approval. Invoice must be delivered to the attention of the department placing the order. Payments will be made as work is completed and certification by the City that the work is performed in a good and workmanlike manner within`30 day of certification or receipt of invoice, whichever is later. Payment will be made by means of a City issued check, an ACH,or with a City issued Procurement Card(Mastercard). V. TERM OF THE CONTRACT This Contract is for an initial term of one year with the option to renew for four additional one year periods. This Contract is effective as of August 17, 2016. No new orders shall be accepted, against this Contract term, after midnight on August 16, 2017. Contract shall terminate upon completion of all requirements for orders placed by said date,unless the parties mutually agree in writing to extend the term of the Contract through allowable renewal option, or, unless otherwise terminated as provided in Paragraph XVI herein. The parties shall evidence the renewal in writing, with any additional terms set out in the said writing. VI. CONTRACT ASSIGNMENT VENDOR and the CITY hereby covenant and agree that this Contract provides for services and that these services are not to be assigned or sublet in whole or part without the prior written consent of the CITY. VII. CONFLICT OF INTEREST VENDOR hereby covenants and agrees that during the Contract period that VENDOR and any of VENDOR'S associates and employees will have no interest nor acquire any interest, either direct or indirect,which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by VENDOR pursuant to this Contract will be conducted by employees or associates of VENDOR. VENDOR further covenants and agrees that it understands that the Code of Ordinances of the City of Grand Prairie prohibits any officer or employee of the CITY from having any financial interest, either direct or indirect, in any business transaction with the CITY. Any violation of this paragraph which occurred with the actual or constructive knowledge of VENDOR will render this Contract voidable by the CITY. CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 2 of 6 VIII. CHANGE IN WORK The CITY,through its Purchasing Manager or their designee, may request changes in the scope and focus of the activities and duties called for under this Contract. Any such change which, in the opinion of VENDOR or the CITY varies significantly from the scope and focus of the work set out herein or entails a significant increase in cost or expense to VENDOR must be mutually agreed upon by VENDOR and the CITY. The parties herein acknowledge that any change in the scope or focus of the work which results in the increase in compensation to VENDOR of the fee stated in Paragraph IV hereof must first be approved by the CITY's Purchasing Manager, City Manager or City Council,where applicable. IX. CONFIDENTIAL WORK Any reports, designs, plan, information,project evaluations, data or any other documentation given to or prepared or assembled by VENDOR under this Contract shall be kept confidential and may not be made available to any individual or organization by VENDOR without the prior written approval of the CITY except as may be required by law. X. OWNERSHIP OF DOCUMENTS VENDOR acknowledges that CITY owns all notes, reports, or other documents, intellectual property or documentation produced by the vendor pursuant to this agreement or in connection with its work which are not otherwise public records. VENDOR acknowledges that CITY shall have copyright privileges to those notes,reports, documents,processes and information. VENDOR shall provide CITY a copy of all such notes,reports,documents, and information(except to the extent that they contain confidential information about third parties) at CITY expense upon written request. XI. NONDISCRIMINATION As a condition of this Contract, VENDOR covenants and agrees_ that VENDOR shall take all necessary actions to insure, in connection with any work under this Contract, that VENDOR or VENDOR'S associates, sub-vendors, or employees, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly or indirectly or through contractual or other arrangements. In this regard, VENDOR shall keep,retain and safeguard all records relating to this Contract for work performed hereunder for a minimum period of three (3) years from final contract completion, with full access allowed to authorized representatives of the CITY upon request, for purposes of evaluating compliance with this and other provisions of the Contract. CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 3 of 6 XII. INDEPENDENT VENDOR By the execution of this Contract, the CITY and VENDOR do not change the independent vendor status of VENDOR. No term or provision of this Contract or any act of VENDOR in the performance of this Contract may be construed as making VENDOR the agent or representative of the CITY. All employees of VENDOR shall perform their duties under the supervision of VENDOR, which shall have the exclusive right to dictate to the VENDOR'S employees how to perform their tasks. VENDOR agrees and covenants that each of its employees will be properly qualified and will use reasonable care in the performance of the assigned duties. VENDOR shall post all applicable warning signs if such work will disrupt normal traffic or workplace activities. XIII. WARRANTY, HOLD HARMLESS, AND INDEMNITY VENDOR warrants that the services it performs for CITY will be done in a good and workmanlike manner, and that any items delivered to the CITY under this contract will be fit for the particular purpose for which it was furnished. VENDOR shall defend, indemnify, and hold the CITY whole and harmless against any and all claims for damages,costs, and expenses to persons or property that may arise out of, or be occasioned by, the execution or performance of this Contract or any of VENDOR'S activities or any act of commission or omission related to this Contract of any representative, agent, customer, employee, sub-vendor or invitee of VENDOR or any representative, agent, employee, or servant of the CITY. If an item is covered by a manufacturer's warranty, it is the responsibility of the VENDOR to obtain the information for CITY and to get the manufacturer to honor the warranty. XIV. INSURANCE Prior to the commencement of work under this Contract, VENDOR shall obtain and shall continue to maintain in full force and effect during the term of this Contract a comprehensive liability insurance policy, with a company licensed to do business in the State of Texas and rated not less than"A"in the current Best Key Rating Guide, which shall include bodily injury, death, automobile liability and property damage coverage, in accordance with any CITY ordinance or Directive. The minimum limits for this coverage shall be $1,000,000.00 combined single limit for liability and for property damage, unless modified in accordance with any ordinance or directive. The CITY shall be named as an additional insured under such policy and a provision shall be incorporated in the policy whereby the CITY shall be given at least thirty days prior notice of any material change in coverage or of cancellation of such policy. XV. NO VERBAL AGREEMENT This Contract contains the entire commitments and agreements of the parties to the Contract. Any verbal or written commitment not contained in this Contract or expressly referred to in this Contract and incorporated by reference shall have no force or effect. CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 4 of 6 XVI. TERMINATION The CITY may, at its option and without prejudice to any other remedy to which it may be entitled at law or in equity,terminate further work under this Contract, in whole or in part,by giving at least thirty (30) days prior written notice thereof to VENDOR with the understanding that all services being terminated shall cease upon the date specified in such notice. The CITY shall equitably compensate VENDOR, in accordance with the terms of this Contract for the services properly performed prior to the date specified in such notice following inspection and acceptance of same by the CITY. VENDOR shall not, however, be entitled to lost or anticipated profits should the CITY choose to exercise its option to terminate. XVII. VENUE The parties to this Contract agree and covenant that this Contract will be performable in Grand Prairie, Texas, and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Dallas County,Texas. XVIII. APPLICABLE LAWS This Contract is made subject to the existing provisions of the Charter of the City of Grand Prairie, its rules, regulations, procedures and ordinances, present and future, and all applicable laws of the State of Texas and the United States. XIX. CONTRACT INTERPRETATION The parties to this Contract covenant and agree that in any litigation relating to this Contract, the terms and conditions of the Contract will be interpreted according to the laws of the State of Texas. XX. NOTICES All notices, communications and reports under this Contract must be mailed or delivered to the respective parties at the addresses shown below, unless either party is otherwise notified in writing by the other party: CITY: Angi Mize, Sr. Buyer—Purchasing Division 972-237-8262 Phone—972/237-8265 Fax amize@gptx.org City of Grand Prairie 326 W. Main Street, Grand Prairie, TX 75050 PO Box 534045, Grand Prairie, TX 75053-4045 Dane Stovall— Street Division 972-237-8526 Phone dstovall@gptx.org City of Grand Prairie 1821 S. SH 161, Grand Prairie, TX 75052 CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 5 of 6 VENDOR: Ned Tankersley, Vice President 817-267-3131 Phone ntankersley@reynoldsasphalt.com Reynolds Asphalt& Construction Co. P.O.Box 370,Euless, TX, 76039 XXI. SEVERABILITY In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal,or unenforceable provision had never been contained in the Contract. XXH. RIGHT OF REVIEW VENDOR covenants and agrees that the CITY, upon reasonable notice to VENDOR, may review any of the work performed by VENDOR under this Contract. XXHI. WAIVER OF ATTORNEYS FEES VENDOR and CITY expressly covenant and agree that in the event of any litigation arising between the parties to this contract, each party shall be solely responsible for payment of its attorneys and that in no event shall either party be responsible for the other party's attorney's fees regardless of the outcome of the litigation. EXECUTED this the day of , CITY OF GRAND PRAIRIE, TEXAS REYNOLDS ASPHALT & CONSTRUCTION CO. By: By: ktg Tom Cox,Deputy City Manager Printed / Name: A(e a--JG�`ff� -, ATTEST: Title: Cathy E. DiMaggio, City Secretary APPROVED AS TO FORM: Donald R. Postell, City Attorney CONTRACT FOR Pavement Resurfacing Sry PRICE AGREEMENT—RFB#16112 Page 6 of 6