Procurement Services RFP# - TH CONCRETE-ASPHALT PAVING CONSTRUCTION SERVICES

Transcription

1 Procurement Services RFP# - TH CONCRETE-ASPHALT PAVING CONSTRUCTION SERVICES RFP DUE DATE: November 6, 2013 Before 2:00P.M. (Central Standard Time) A Pre-Proposal meeting will be held Wednesday October 30, 10:00 AM. Located at 3700 Ross Avenue, Administration Building, Room 119, Dallas TX Submittal Address: Dallas Independent School District Procurement services 3700 San Jacinto, Dallas, Texas PLEASE COMPLETE THE FOLLOWING REQUIRED INFORMATION: COMPANY NAME: COMPANY ADDRESS: TELEPHONE NO. : FAX NO. ADDRESS: SIGNATURE: THIS PAGE MUST BE COMPLETED AND RETURNED WITH PROPOSAL 1

2 INSTRUCTIONS 1. BIDDERS ARE REQUIRED TO SUBMIT ONE (1) ORIGINAL AND SIX (6) COPIES OF THEIR PROPOSAL, INCLUDING ALL REQUIRED PRICING SHEETS, COMPLETED M/WBE FORMS AND SPECIFICATIONS. 2. ALL EXPENSES RESULTING FROM PREPARATION AND RESPONDING TO THIS BID/PROPOSAL, SHALL BE SOLELY AT THE EXPENSE OF THE BIDDER/PROPOSER AND NOT REIMBURSEABLE. THIS PROVISION INCLUDES, BUT IS NOT LIMITED TO REPRODUCTION (COPY) SERVICES, ETC. 3. THE ATTACHED M/WBE GUIDELINES AND FORMS ARE HEREBY MADE A PART OF THIS PROPOSAL. IF YOU HAVE ANY QUESTIONS WITH REGARDS TO COMPLETING THE M/WBE FORMS PROPERLY, PLEASE CONTACT THE M/WBE OFFICE AT CONTACT TIM HOLT AT WITH ANY QUESTIONS REGARDING THIS SOLICITATION. ALL BIDS SHALL BE DELIVERED TO: PROCUREMENT SERVICES, 3700 SAN JACINTO, DALLAS TX LATE PROPOSALS WILL NOT BE CONSIDERED UNDER ANY CIRCUMSTANCES. 4. BLANK LINE ITEMS: BIDDER MUST QUOTE A PRICE FOR ALL LINE ITEMS. ALL LINE ITEMS MUST REFERENCE A DOLLAR AMOUNT OR BE DESIGNATED NO CHARGE (N/C). IF A BIDDER DOES NOT WISH TO BID ON A SPECIFIC LINE ITEM, THAT LINE ITEM MUST BE DESIGNATED NO BID. BLANK LINE ITEMS WILL AUTOMATICALLY BE CONSIDERED NONRESPONSIVE. BIDDER S FAILURE TO HONOR PROPOSAL/QUOTE PRICES WILL BE DEEMED NONRESPONSIVE AND MAY RESULT IN FORFEITURE OF PROPOSAL BOND. 5. UNLESS OTHERWISE EXPRESSED IN THE SPECIFICATION, THIS PROPOSAL MAY BE AWARDED BY LINE ITEM OR OVERALL TOTAL, WHICHEVER IS DETERMINED TO BE MOST ADVANTAGEOUS TO THE DISTRICT. 6. FOB: INSIDE DELIVERY, INSTALLED AND/OR ON PALLETS, PER OSHA AND DOT STANDARDS, AT POINT OR POINTS OF DELIVERY AS INSTRUCTED ON PURCHASE ORDER, AT NO ADDITIONAL CHARGE TO DALLAS ISD. CONTACT BETWEEN BIDDERS, USER DEPARTMENTS AND DALLAS ISD TRUSTEES DURING THE BIDDING OR EVALUATION PROCESS IS PROHIBITED. ANY ATTEMPT BY A BIDDER TO CONTACT THE DEPARTMENTS OR TRUSTEES COULD RESULT IN DISQUALIFICATION. THE UNDERSIGNED AGREES THAT THIS PROPOSAL IS AN OFFER TO SELL THE ITEMS OR SERVICES LISTED HEREIN OR ATTACHED, IN ACCORDANCE WITH THE TERMS AND CONDITIONS LISTED ON THIS FORM. THE UNDERSIGNED WARRANTS THAT HE/SHE IS AUTHORIZED TO BIND THE COMPANY. COMPANY NAME & TELEPHONE NUMBER ADDRESS PRINTED NAME SIGNATURE THIS PAGE MUST BE COMPLETED AND RETURNED WITH PROPOSAL 2

3 Request for Proposal #TH Concrete-Asphalt Paving Construction Services INSTRUCTION TO RESPONDENTS To be considered, proposals must be made in strict accordance with these instructions. 1. DOCUMENTS: Documents and sections contained in this proposal do not constitute the entire Agreement. A signed contract will be required by awarded vendor(s). 2. EXAMINATION OF PREMISES: Before submitting any proposals for work, each Respondent shall visit the site of the Work and examine the premises. Each Respondent shall fully inform themselves prior to submitting a proposal as to existing conditions and limitations under which the Work is to be performed, and shall include in the Proposal a sum to cover the cost of items necessary to perform the work as set forth in the specifications. No allowance shall be made to a Respondent because of lack of such examination, knowledge, error or negligence in this examination. 3. QUESTIONS: Submit all questions to the District in writing. Responses will be issued via addendum posted to the Dallas Independent School District website and will become part of the Contract Documents. The District will not be responsible for oral clarification. Questions received less than five (5) days before the proposal opening cannot be answered. 4. FILING PROPOSALS: No proposal will be considered unless it is filed with the Dallas Independent School District, Procurement Services located at 3700 San Jacinto, Dallas Texas, within the time limit of receiving proposals as stated in the Notice to Proposers. Each proposal shall be in an envelope, plainly marked with the word PROPOSAL and the name or description of project as designated. 5. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by written or telegraphic notice received by the Dallas ISD prior to the exact hour and date specified for receipt of proposals. A proposal may also be withdrawn in person by a Vendor or his/her authorized representative prior to the opening date/time, provided the vendor s identity is made known and he or she signs a receipt for the proposal. 6. OPENING PROPOSALS: The proposals filed with Procurement Services will be opened Wednesday November 6, 2013 at 2:00p.m. Located at 3700 San Jacinto, Dallas, TX 75204, and shall thereafter remain on file with Procurement Services. 7. IRREGULAR BIDS AND PROPOSALS: Proposals shall be considered irregular if they show any omissions, alterations of form, additions or conditions not called for, or irregularities of any kind. However, the District reserves the right to waive any irregularities and to make the award in the best interest of the District. 3

4 8. REJECTION OF PROPOSALS: The District reserves the right to reject any or all proposals and all proposals submitted are subject to this reservation. The following are items considered by the District to be irregularities in a proposal. This list is for example only and is not to be considered a limitation of the District s right to reject any or all proposals. Bids or Proposals received after the time limit for receiving proposals as stated in the Advertisement for Bids. Bids or Proposals containing any irregularities. Unbalanced value of any items. Failure to submit the required MWBE participation information with the bid. Failure to submit required information submittals. Failure to submit required documents or certifications. 9. DISQUALIFICATION OF BIDDERS OR RESPONDENTS: Bidders or Respondents may be disqualified and their bids or proposals not considered for any of the following reasons: Reason for believing collusion exists among bidders or respondents. Reasonable grounds for believing that any bidder or respondent has interest in more than one proposal or bid wherein there may a conflict of interest. The bidder or respondent being interested in any litigation against the Board. The bidder or respondent being in arrears on any existing Contract or having defaulted on a previous Contract. Failure to demonstrate competency as revealed by any required financial statement, experience and equipment questionnaire, and omission of required proposal submittals, etc. Failure to demonstrate financial ability to fund the project on an interim basis as revealed by the financial statement, bank references, etc. Current or uncompleted work which, in the judgment of the District, will prevent or hinder the timely completion of additional work, if awarded. Other information or circumstances which establish reasonable grounds for belief that the bidder or respondent is not a responsible bidder or responsible respondent. Failure to demonstrate a Good Faith Effort in securing Minority / Women Business Enterprise participation on previous District projects. 10. ADDENDA: Any addenda issued prior to the bid time or time for receiving proposals shall be acknowledged in the proposal or bid. All addenda will become a part of the Contract. 4

5 11. AWARD: At the option of the Board of Trustees, one or more Contracts will be awarded on the basis of the best qualified bid or proposal, including full consideration of unit prices, alternates, time of completion, minority participation, and other selection criteria as listed in the Contract Documents, including: Purchase price. The reputation of the vendor and of the vendor s goods and services. The quality of the vendor s goods or services. The extent to which the goods or services meet the District s needs. The vendor s past relationship with the District. The impact on the ability of the District to comply with laws relating to historically underutilized businesses. The total long-term cost to the District to acquire the goods or services. Any other relevant factor specifically listed in the request for bids or proposals. Whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state; and Any other relevant factor specifically listed in the request for Bid In addition, and in accordance with the Dallas Independent School District policy: When all other things are equal, the utilization of minority business enterprises to maximum extent possible, by the General Contractors, shall be used as a factor in the selection process. 12. MINORITY/WOMEN BASED ENTERPRISE (M/WBE) GUIDELINES - The completed M/WBE compliance Guidelines and Forms must be signed and attached to all responses to procurement documents totaling $25,000 or more and are due with the bid/proposal at the time of bid opening. Bidders/proposers who will subcontract out portions of the work must attach the signed Letter of Intent to Subcontract. If the completed M/WBE Compliance Guidelines and Forms are not attached, responses to the procurement documents will be considered nonresponsive. NOTE: All district bidders/proposers are required to demonstrate positive and reasonable good faith efforts to subcontract with and/or procure supplies/services with minority and women-owned companies. 13. CERTIFICATIONS AND STATEMENTS: The Bidder or Respondent, having been duly sworn, affirms that the certifications and statements made with and during this bid or proposal are true, complete, and correct, so as not to mislead or misinform the Owner, and that they are essential to the bid or proposal, and any resulting Agreement. Family Code Child Support Certification: Under Section , Texas Family Code, the Bidder or Respondent certifies that the individual or business entity named in this contract, proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Proposal may be rejected or any resulting contract terminated and payment may be withheld if this certification is inaccurate. Felony Conviction Notification: Under Section , Subsection (a), Texas Education Code, the undersigned Bidder or Respondent certifies that the person or owner or operator, including employees or agents of the business entity named in this bid or contract, have not been convicted of a felony, unless a completed Felony Conviction Notification Form from the Procurement services is attached as an Exhibit to this Proposal. 5

6 The Bidder or Respondent agrees to comply with all applicable state laws and Board policies regarding criminal background checks. Before submitting a bid or proposal to the District, Bidder or Respondent must give notice if the Bidder or Respondent or any personnel has been convicted of a felony. District may terminate any resulting Agreement if the District determines that Bidder or Respondent failed to give such notice or misrepresented the conduct resulting in the conviction. Vendor shall assume all expenses associated with the background checks, where necessary, and shall immediately remove any employee or agent who was convicted of a felony, as defined by Texas law, from District property or other location where students are regularly present. Employee or agent include as example, but not by way of limitation, persons providing services on the project ("subcontractor" in Texas Labor Code ) including all persons or entities performing all or part of the services the Bidder or Respondent has undertaken to perform on the project, regardless of whether that person contracted directly with the Bidder or Respondent and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The District shall have the sole discretion to determine what constitutes a location where students are regularly present. Bidder s or Respondent s violation of this section shall cause any bid or proposal to be rejected, and shall constitute a default in any resulting Agreement under Section 4.5 of the General Terms and Conditions of Agreement. Professional Services Procurement Act: Under Section and , Texas Government Code, the Bidder or Respondent certifies that each individual or business entity which is a professional engineer, licensed architect, land surveyor, certified public accountant, or a statecertified or state-licensed real estate appraiser proposed by Bidder as a member of its team was selected based on demonstrated competence and qualifications only. Vendor Conflict Of Interest Statement: Under Board Policy CHE (Local) or its successor, the Bidder or Respondent certifies that no present or former (within five years prior to the date of the Agreement) members of the Board of Trustees, District employees, or other related individual listed in the General Conditions shall have or at any time receive any pecuniary interest, compensation, service, or other interest from the Bidder or Respondent or from any such company, corporation, individual, or subcontractor receiving compensation or funds from this Agreement, unless all details pertaining thereof are attached as an Exhibit to this Agreement. 14. VENDOR CONTACT WITH DALLAS INDEPENDENT SCHOOL DISTRICT BOARD MEMBERS: Dallas ISD Board Policies CHE (LOCAL) and CAA (REGULATION) forbid vendors from contacting Board members individually at any time during the procurement process or during the performance of any contract. Below are excerpts of Board Policy CHE (LOCAL), for General Procurement process and CAA (REGULATION) for Technology Purchases eligible for E-Rate funding, which detail this restriction: CAA (REGULATION): Contracts with vendors participating in the District s E-Rate Pro-gram will include the following provisions: The vendor will refrain from contacting individual members of the Board regarding any aspect of the vendor s E-Rate business, whether current or anticipated. Communications with the Board, if required, will be in writing addressed to all members of the Board. 6

7 The vendor will comply with all state and local laws and District policies regarding conflicts of interest and gifts of things of value, including the FCC s rules and requirements regarding fair and open competition. The vendor will complete all affidavits and questionnaires required by the District relating to conflicts of interest and gifts in a complete and truthful manner. 4. A vendor that violates any of these provisions may have a pending bid or proposal rejected, be excluded or barred from receiving future contracts and/or have an existing contract canceled. CAA (REGULATION) Page 4 of 16 Dallas ISD Board Policy CAA (REGULATION) may be viewed in its entirety from the following website: CHE (LOCAL): Persons conducting commercial business with the District shall refrain from contacting individual members of the Board regarding any aspect of the business. Communications with the Board regarding any aspect of the business shall be in writing and addressed to all Board members. CHE (LOCAL) Page 1 of 4 Any person or entity in violation of this policy may have a pending bid or proposal rejected, be barred from receiving future contracts, and/or have an existing contract canceled. CHE (LOCAL) Page 2 of 4 Conducting business shall include participation in a pending procurement, the negotiation of any contract, the performance of any contract, the selling of any product, and the performance of any services. CHE (LOCAL) - Page 2 of 4 Dallas ISD Board Policy CHE (LCOAL) may be viewed in its entirety from the following website: VENDOR PROHIBITION FROM USE OF FORMER DALLAS ISD EMPLOYEES: Dallas ISD Board Policies CHE (LOCAL) and DBD (LOCAL) prohibits contractors from using of former Dallas ISD employees to work on, or have any involvement, in District-related business performed or provided by that contractor for a period of two years, for the Superintendent of Schools, Chiefs, Executive Directors, and Directors or equivalents, and 18 months for all other former employees. Below are excerpts from Board Policies CHE (LOCAL) and DBD (LOCAL), which detail these restrictions: CHE (LOCAL): The District vendors, consultants, and contractors shall not employ any employee or former employee for 18 months after the termination of such employee s employment relationship with the District unless the former employee will not provide services to the District, or work on, or have any involvement, in District-related business of the contractor. CHE (LOCAL) Page 4 of 4. Dallas ISD Board Policy CHE (LCOAL) may be viewed in its entirety from the following website: DBD (LOCAL): Former employees, including the Superintendent of Schools, Chiefs, Executive Directors, and Directors or equivalents thereto shall not make any communication to or appearance before a current committee, Superintendent, principal, or 7

8 employee of the District before the two-year anniversary of the date the former employee ceased to be the Superintendent of Schools, a Chief, an Executive Director or a Director if the communication is made: a. With the intent to influence; or b. On behalf of any person in connection with any matter on which the former Superintendent of Schools, Chiefs, Executive Directors and/or Directors, seeks action by the District. [See CHE (LOCAL) and CH (LOCAL)] A person who has been employed as a full-time employee of the District may not perform services for the District for compensation as a vendor or consultant or on behalf of a vendor or consultant for 18 months after the termination of the person s employment relationship with the District. This restriction does not apply to former employees who are hired as classroom teachers, campus based professional employees or campus principals. DBD (LOCAL) Page 3 of 4 Dallas ISD Board Policy DBD (LCOAL) may be viewed in its entirety from the following website: LOSS OF FUNDING AND COMMITMENT OF CURRENT REVENUE: District shall have the continuing right to terminate this Agreement at the end of each fiscal year or end of the special revenue fund or grant during the term of the Agreement with regard to any services to be performed after the end of such fiscal year or end of the special revenue fund or grant, without District incurring any liability to Contractor as result of such termination, including early termination charges. If District terminates this Contract pursuant to this paragraph, Contractor will have the right to collect and retain payment for services rendered to District through termination date but shall not be entitled to any early termination charges. Termination of the Agreement under this paragraph is to be considered Termination Without Cause. 8

9 EVALUATION CRITERIA 1) Purchase Price detailed description of rate of services per year 40 2) Reputation of the vendor and the vendor s goods or services 5 3) The quality of the vendor s goods or services Detailed Methodology 10 4) The extent to which the goods or services meet the district s needs. 10 5) Vendor s past relationship with the district 5 6) Evaluation and Selection Criteria Pricing and Qualification Section The impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; Firm has an Affirmative Action/Diversity Plan and/or Policy and its workforce composition a) reflects its policies. List within the bid, the firm s Affirmative Action/Diversity Plan and/or Policy and the workforce composition. Firm provided positive historical M/WBE utilization on previous contracts, including but not b) limited to Dallas ISD Contracts. Composition of the firm s team make-up meets the district s M/WBE participation goal at the c) subcontracting/vendor level and includes diverse M/WBE firms in significant and meaningful roles. Composition of the firm s team make-up exceeds the district s M/WBE participation goal at the d) subcontracting/vendor level and includes diverse M/WBE firms in significant. Firm has currently established a Joint Venture partnership with a certified M/WBE firm in significant and meaningful roles for this bid. Specify the percentage that the certified M/WBE e) will be allocated. Submit a certified copy of the JV agreement. Points will be awarded, prorata, based on the participation and responsibilities. Firm currently participates in a Mentor Protégé Program, as a mentor. List within the bid, the f) name, address, and contact information for the protégé along with the Mentor Protégé agreement. Provide any progress reports and deliverables achieved. Minority and Women Owned Business Enterprises (M/WBE) Compliance Section 7) Total long-term cost to the district to acquire the vendor s goods and services 10 8) Whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or 0 (B) employs at least 500 persons in this state; and 0 9) Any other relevant factor specifically listed in the request for Bid: 0 Evaluation and Selection Criteria Pricing and Qualification Section NAME OF FIRM: REVIEWER: Total Points Points Points Points 100 Pts. Score Score Score 9

10 TH CONCRETE-ASPHALT PAVING CONSTRUCTION SERVICES OFFER FORM - UNIT PRICES Where unit prices are stated in the proposal, the unit price shall include, except as otherwise noted, the providing of all costs required for the completion of the specified unit of work, including: cost of materials and delivery; cost of installation labor, including social security, insurance and other required fringe benefits; workman s compensation insurance; rental value of equipment and machinery; incidental expenses; and supervision. Each unit price shall be total cost or credit to Owner. Materials and methods for unit prices shall be in accordance with applicable product specifications included in this proposal. Additionally; all conditions/provisions as outlined in Section of this proposal shall apply. Provide unit prices for items listed, for inclusion in Contract, guaranteed to apply for duration of Project as basis for additions to or deductions from Contract Sum. Take measurements and compute quantities. Quantities and measurements indicated are for Contract purposes only. Actual quantities and measurements supplied or placed in the Work will determine payment. Payment includes full compensation for all required labor, products, tools, equipment, plant, transportation, services, and incidentals, application, or installation of an item of the Work. Adjustments to Contract Sum will be made by Change Order based on net cumulative change for each item of the Work. 10

11 RFP PRICE OFFER SHEET RFP #TH CONCRETE-ASPHALT PAVING CONSTRUCTION SERVICES CONCRETE: ALL CEMENT SHOULD BE QUOTED USING 3000 PSI SPECIFICATION Item Description Example UOM Unit Price Est. Total Amount CONCRETE: All Concrete work includes setting and removing forms, and broom or trowel finish of material. Include expansion joint where applicable. Vendor shall submit cement material cost 1 E.G., CONCRETE COSTS $95.00 A YARD 1-10 YARD $ $ 1A Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway, using (#3 rebar) 24 O.C with one inch of sand SF $ $ 1B Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway, using (#3 rebar) 24 O.C with one inch of sand SF $ $ 1C Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway, using (#3 rebar) 24 O.C with one inch of sand SF $ $ 1D Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway, using (#3 rebar) 24 O.C with one inch of sand SF $ $ 2 Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway with one inch of sand. (No rebar) SF $ $ 2A Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway with one inch of sand. (No rebar) SF $ $ 2B Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway with one inch of sand. (No rebar) SF $ $ 11

12 Item Description Example UOM Unit Price Est. Total Amount 2C Vendor shall submit unit proposal price to furnish and install 4 thick concrete walkway with one inch of sand. (No rebar) SF $ $ 3 Vendor shall submit unit proposal price for demolition and removal of concrete 4 thick SF $ $ 3A Vendor shall submit unit proposal price for demolition and removal of concrete 4 thick SF $ $ 3B Vendor shall submit unit proposal price for demolition and removal of concrete 4 thick SF $ $ 3C Vendor shall submit unit proposal price for demolition and removal of concrete 4 thick SF $ $ 4 5 Vendor shall submit hourly rate to excavate soil and remove from the premises. Hourly $ $ Vendor shall submit price to furnish and install concrete walkway four inches thick in City-right-ofway: Include square foot price, permit fee and bond requirements for each Municipality per code enforcement SF $ $ 5A Vendor shall submit price to furnish and install concrete walkway four inches thick in City-right-ofway: Include square foot price, permit fee and bond requirements for each Municipality per code enforcement ,000 SF $ $ 6 Vendor shall bid price to furnish and install concrete driveway 6 thick, #3 rebar, 24 O.C., one inch of sand SF $ $ 6A Vendor shall bid price to furnish and install concrete driveway 6 thick, #3 rebar, 24 O.C., one inch of sand SF $ $ 12

13 Item Description Example UOM Unit Price Est. Total Amount 7 Vendor shall bid price for demolition and removal of concrete 6 thick from premises 100-5,000 SF $ $ 8 Vendor shall bid price for furnishing and installing two-inch schedule forty pipes for drainage under concrete LF $ $ 9 Vendor shall submit bid to furnish and pour 6 driveway using #4 rebar, 12 O.C with one inch of sand SF $ $ 9A 10 Vendor shall submit bid to furnish and pour 6 driveway using #4 rebar, 12 O.C with one inch of sand SF $ $ Vendor shall submit bid to furnish and pour driveway approach in city-right-of-way. Include in square foot price; concrete, dowels, reinforcing steel bars, fill sand, Permit, Fee and Bond requirements by respective Municipality to meet code enforcement. 10,000 SF $ $ 11 Vendor shall submit price for furnishing and installing concrete curb and gutter in City-right-of-way. Include in price; all concrete, dowels, reinforcing steel bars, fill sand, Permit fee and Bond requirement by respective Municipality to meet code enforcement LF $ $ Vendor shall submit price for furnishing and installing concrete ADA barrier free concrete ramps at intersecting streets: Include in square foot price concrete, dowels, reinforcing steel bars, fill sand, pavers, Permit fee and Bond requirements by respective Municipality to meet code enforcement. 10,000 SF $ $ Contractor Shall pour all concrete psi or psi. sidewalks, driveways, ramps, parking lots E C T. SF $ $ ASPHALT PAVING 14 Contractor shall use a tack materials, then 2 to 3 of Type D Topping hot mix, on all overlays of blacktops and parking lots. SF $ $ 13

14 ASPHALT PAVING Item Description Example UOM Unit Price Est. Total Amount 15 Contractor Shall use at least 3 rock base materials for new Installations on asphalt parking lots and 2 of Type B hot mix which is a binder, and at least 2 of Type D Topping hot mix. All new Installations of parking lots should be at least 4 to 6 Thick SF $ $ DALLAS INDEPENDENT SCHOOL DISTRICT RESERVES THE RIGHT TO ENTER PRICE AGREEMENT (S) WITH ONE OR MORE VENDORS PURSUANT TO THIS SOLICITATION. THE DISTRICT WILL CONDUCT AN INDEPENDENT SURVEY FOR PSI MEASUREMENTS. ASPHALT: PART A: PAVING: Vendor to furnish all labor, materials and equipment to complete the scope of work as defined herein for PAVING WORK: UNIT PRICE per ton-----base Mix-----in place-- UNIT PRICE per ton ----Surface Mix in place-- UNIT PRICE per hour for sub-grade removal--- ALTERNATE: UNIT PRICE per ton RAP base--- $ $ $ $ PART B: OVERLAY Vendor to furnish all labor, materials and equipment to complete the scope of work as defined herein for OVERLAY WORK: UNIT PRICE per ton---surface Mix in place--- $ Sealing surface price per square foot $ 14

15 SPECIFICATIONS 15

16 SHORT FORM, PROPOSAL, OR JOB ORDER CONTRACT 1.0 General DALLAS INDEPENDENT SCHOOL DISTRICT GENERAL TERMS AND CONDITIONS OF AGREEMENT These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract, if any, resulting from the Contract Documents for the Work. When the purchase order is issued the text of the Agreement and Conditions of Agreement shall govern the performance of the work required. The District will issue an Agreement for signature and return by the Contractor. Until received by the Contractor, signed by the Owner, and a purchase order issued and received by the Contractor, the Agreement is not in effect and has not been accepted. 1.1 Purchase Order and Rejection of Offer At any time prior to the Contractor s receipt of a Purchase Order for this Work, the District, at its sole option and without cause, reject the offer described in this Agreement by delivering to the Contractor a written notice stating so. Such notice shall be signed by the District s Purchasing Director, and shall be effective on receipt by the Contractor. If a valid Purchase Order is not issued by the District within 120 (one hundred twenty) calendar days of the Effective Date, the Agreement is agreed by the Contractor and the District to be a rejected offer. The rejection of the offer described in this Agreement, either in writing, or by the District not issuing or failing to issue a valid Purchase Order, shall cause no obligation or duty to the District save return of bid security, if any, if rejection is without cause. This Article does not pertain to rejection for cause by the District, or for the Contractor s failure to provide required bonds or insurance, or other Disqualification of Bidders or Rejection of Proposals described in the Instructions to Bidders. A valid Purchase Order is a condition precedent for the obligation of the District to the terms of the Agreement. 1.2 Definitions Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows: Contract Documents shall mean the documents that form the Contract between District and the Contractor. The Contract Documents consist of the Agreement, Conditions of the Contract (this General Terms and Conditions, and any Additional or Special Conditions issued for this Agreement), Purchase Order, Specifications, Pricing and Delivery Schedule, Execution of Offer, Questionnaires or Statements of Qualification, MWBE Forms and Submittals, Project Manual, and Drawings, all items listed in the Agreement, and all Addenda and Amendments issued prior to and after the execution of the Contract. District shall mean the Dallas Independent School District, or Owner. Respondent shall mean the individual, partnership, corporation, or other entity responding to a Request for Proposal or Advertisement for Proposals. Contractor shall mean the individual, partnership, corporation, or other entity awarded a Contract for construction or construction services under the Contract Documents, in accordance with the terms, conditions, and requirements herein. Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract, sometimes called the Work. 16

17 1.3 Entire Agreement The Contract Documents, for all intents and purposes, are intended as the complete and exclusive statement of the agreement between District and the Contractor and supersede all prior or contemporaneous agreements, negotiations, course of prior dealings, or oral representations relating to the subject matter hereof. The terms and conditions of any purchase order, agreements, amendments, modifications, or other documents submitted by either party which conflict with, or in any way purport to amend or add to any of the terms and conditions of the Contract are specifically objected to by the other party and shall be of no force or effect, nor shall govern in any way the subject matter hereof, unless set forth in writing and signed by both parties. 1.4 Time of Performance Time is of the essence in the rendering of services hereunder. Contractor agrees to perform all obligations and render services set forth per this Contract in accordance with the schedules herein and as mutually agreed upon between District and Contractor during the term of this Contract. A. Work Hours 1.5 Default All work required hereunder shall be performed during standard business hours, 7:30 a.m. to 4:30 p.m. local time, Monday through Friday, excluding District observed holidays, or as otherwise permitted. In the event that the Contractor fails to carry out or comply with any of the terms and conditions of the Contract with District, District may notify the Contractor of such failure or default in writing and demand that the failure or default be remedied within ten (10) days; and in the event that the Contractor fails to remedy such failure or default within the ten (10) day period, District shall have the right to cancel the Contract. Without limiting the foregoing, the following shall constitute a material breach by the Contractor, upon the occurrence of which the Contractor shall immediately notify District; the Contractor ceases its business operation, makes a general assignment for the benefit of creditors, is adjudged bankrupt, or becomes insolvent. The cancellation of the Contract, under any circumstances whatsoever, shall not effect or relieve Contractor from any obligation or liability that may have been incurred or will be incurred pursuant to the Contract and such cancellation by District shall not limit any other right or remedy available to District at law or in equity. 1.6 Termination For Owner s Convenience A. The Contract may be terminated, without penalty, by District without cause by giving thirty (30) days written notice of such termination to the Contractor. B. In no event shall such termination by District as provided for under this Section give rise to any liability on the part of District including, but not limited to, any claims of Contractor for compensation for anticipated profits, unabsorbed overhead, or interest on borrowing. District's sole obligation hereunder is to pay Contractor for products and/or services ordered and received prior to the date of termination. 1.7 Payment A. Prior to ten (10) days before the end of each calendar month during the term of this Agreement, Contractor shall submit to the District an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that District may 17

18 reasonably require to support the amount requested and to be submitted. The District will, within thirty (30) days from the date it receives such application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if District approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If District disapproves any amount requested by Contractor, District shall give Contractor specific reasons for its disapproval in writing. The Payment Application must contain an affidavit by the Contractor that the work has been covered by the Payment Application has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for work which previous Payment Applications were issued and payment received from the Owner. The Payment Application must be notarized. B. Payment to the Contractor shall be equal to ninety-five percent (95%) of the amount due. The remaining portion shall be kept as retainage until thirty days after final completion of the work and submission of all affidavits, consents of surety, release of lien, and any bonds or warranties required by the Contract Documents or state law. C. The cumulative amounts of monthly progress payments as set forth in this Article ("Progress Payment") shall not exceed the amount of Contractor s total price, previously approved and accepted by District, for the goods or services hereunder. D. Ten (10) days after final completion of the goods or services and acceptance thereof by District or as soon thereafter as possible, Contractor shall submit a final request for payment ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by District, District shall pay to Contractor the amount due ("Final Payment") under such Final Request, after acceptance of the work by the Board of Trustees, submittal of the final closeout documents, including consent of surety, warranties, bonds, release of liens, affidavit of payment of debts and claims, and completion of the punchlist of any minor items outstanding. E. Any provision hereof to the contrary notwithstanding, District shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to Contractor hereunder if any one or more of the following conditions precedent exist: 1. Contractor is in breach or default; 2. Any part of such payment is attributable to goods or services which are not performed in accordance with this Contract, provided, however, such payment shall be made as to the part thereof attributable to goods and services which are performed in accordance with this Contract, or the resultant purchase order or agreement; 3. Contractor has failed to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which District has made payment to Contractor; or 4. If the District, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by District to be sufficient to so complete the goods and services. F. No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto. G. Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to this Contract. 18

19 H. The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Request for payment. I. District shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefor, by (1) inspecting the books and records of Contractor at mutually convenient times; (2) examining any reports with respect to this Project; (3) interviewing Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action. 1.8 Contract Amendments Invoices must reference District purchase order number and must agree in every detail with the Contract. The Contract may be amended within the Contract period by mutual consent of the parties. No modification or amendment to the Contract shall become valid unless in writing and signed by both parties. All correspondence regarding modifications or amendments to the Contract must be forwarded to the School Attorney s Office for prior review and approval. 1.9 Independent Contractor Status Contractor recognizes that it is engaged as an independent contractor and acknowledges that District will have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Contractor, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of District by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of District, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Contractor hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law Compliance with Laws In the execution of the Contract, the Contractor must comply with all applicable State and Federal laws, including but not limited to laws concerned with labor, environment, equal employment opportunity, safety and minimum wages. The Contractor shall make itself familiar with and at all times shall observe and comply with all Federal, State and Local laws, ordinances and regulations which in any manner affect the conduct of the Work, and shall indemnify and save harmless the Dallas Independent School District and the Board of Trustees and its official and/or contractual representatives against any claim arising from violation of any such law, ordinance or regulation by itself or by its subcontractors, or suppliers at any tier, or its employees. When requested, competent evidence of compliance with applicable laws shall be furnished. The Contractor shall cooperate with applicable city or other governmental officials at all times where their jurisdiction prevails. The Contractor shall make application for any permits and permanent utilities which are required for the execution of the Contract Right to Audit At any time during the term of this Contract and for a period of four (4) years thereafter District or a duly authorized audit representative of District, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by District reveals any errors/overpayments by District, Contractor shall refund District the full amount of such overpayments within thirty (30) days of such audit findings, or District, at its option, reserves the right to deduct such amounts owing District from any payments due Contractor Access to Documents To the extent applicable to this procurement, in accordance with applicable Public Law, Contractor agrees to allow, during and for a period of not less than four (4) years after the Contract term, access to this Contract and its books, documents, and records; and contracts between Contractor and its subcontractors or related organizations, including books, documents and records 19

20 relating to same, by the Comptroller General of the United States, other governmental investigative agency, or their duly authorized representative(s), legally authorized to investigate alleged fraud, overcharge, or other diversion of funds from a public school district receiving Federal and State public funds Title and Risk of Loss For goods to be provided by Contractor hereunder, if any, the title and risk of loss of the goods shall not pass to the District until the District actually receives, takes possession, and accepts the goods at the point or points of delivery Acceptance of Products and Services All products furnished and all services performed under this Contract shall be to the satisfaction of District and in accordance with the specifications, terms, and conditions of the Contract. District reserves the right to inspect the products furnished or the services performed, and to determine the quality, acceptability, and fitness of such products or services Sales and Use Tax The District, as a free public school district, qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited Sales, Excise, and Use Tax Act. The Contractor shall claim exemption from payment of applicable taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts Insurance For Contracts with a Contract Sum greater than $300,000, which requires the Contractor to provide on-site services, the Contractor shall, prior to commencement of work, provide District with Certificates of Insurance in the below amounts and shall maintain such coverage in effect for the full duration of the Contract. For Contracts with a Contract Sum equal or less than $300,000, the coverage amounts listed below may be halved, except where statutory limits are required. Workers Compensation: Statutory Employer s Liability: Per Accident $500,000 Disease Policy Limit $500,000 Disease, Each Employee $500,000 General Liability: Bodily Injury Liability: Each Occurrence $1,000,000 Aggregate $1,000,000 Personal Injury Liability: Each Occurrence $1,000,000 Aggregate $1,000,000 Property Damage Liability: Each Occurrence $500,000 Aggregate $1,000,000 20

21 Automobile Liability (Any auto, hired auto, non-owned auto): Bodily Injury: Each person $300,000 Aggregate $1,000,000 Property Damage: Each occurrence $100,000 Builder s Risk: full value of the construction portion of the contract. Note: Professional Liability Insurance is only required for Contracts providing or requiring professional services of architectural or engineering design, surveying, or consulting. Contractor shall deliver to District: Professional Liability Insurance: $1,000,000 (with terms and carrier acceptable to District) Certificates evidencing the existence of all such insurance with the executed Agreement, with coverage shown from on or before the date of agreement or purchase order. Replacement certificates not less than thirty (30) days prior to the expiration of any such insurance. If, however, Contractor fails to pay any of the renewal premiums for the expiring policies, District shall have the right to make such payments and set-off the amount thereof against the next payment coming due to Contractor under any purchase order or agreement; and Such Certificates shall name District as an Additional Insured, with the exception of Workers' Compensation and Employer's Liability, and shall provide that the policies will not be canceled until after thirty (30) days' unconditional, unqualified written notice to District, giving the District the right to pay the Premium to maintain coverage, in which event Paragraph 2 above shall apply. The insurance policies required in this Agreement shall be kept in force for the periods specified below: General Liability Insurance, Auto Liability, Builder s Risk, and other required coverage shall be kept in force until receipt of final payment by the Contractor; Workers' Compensation Insurance shall be kept in force until the Contractor's obligations have been fully performed and accepted by District in writing. Contractor shall provide District a full and complete copy of any insurance policy promptly upon request by District, and without charge to District. 21

22 Workers Compensation Insurance Coverage. As Required For Public Work THE FOLLOWING ARE REQUIRED WORKERS' COMPENSATION COVERAGES, PURSUANT TO 28 TAC (C)(7), ADOPTED TO IMPLEMENT TEXAS LABOR CODE A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code ) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all employees of the contractor providing services on the project for the duration of the project. The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. The coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2. No later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 22