1-01 Specifications.pdf

City of Dallas

Request for Bids (RFB)

Project Title: Fire Hydrant Backflow & Preventers Buyer

Solicitation Number: _BC26-00029678 http://www.dallascitynews.net/

Specifications

I. Introduction, Purpose and Intent

The purpose of this bid is to establish a three-year Indefinite Delivery/Indefinite Quantity (ID/IQ) master agreement for fire hydrant backflow & preventers for the City of Dallas.

ID/IQ agreement is established when quantities of goods and/or delivery schedules cannot be determined. Goods under this agreement will be ordered on an as needed basis for the term of the agreement.

II. II. Pre-Bid Meeting Schedule, Questions, and Inquiries

During the solicitation process bidders are required to limit their communication regarding this project to the Buyer referenced herein. A pre-bid meeting will be held by the City whereby the bidders will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The pre-bid meeting will be the only time when bidder and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be address to the assigned Buyer. Bidders may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically. The City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. III. Bid Submittal Requirements

To be considered responsive, bid response must be submitted electronically

(https://dallascityhall.bonfirehub.com/login.) by the due date and time indicated in the solicitation.

All bidders submitting bids through the electronic bidding system shall scan and upload a copy of their $100.00 ex (sealed bid bond, certified check or cashier’s check) as an attachment to their electronic bid. Original document(s) for the bid security shall be required from the recommended vendor(s) to be delivered to the city’s purchasing agent upon request. Bid security shall be delivered to: Office of Procurement Services, 3rd floor, Dallas City Hall, Room

3FN, Dallas, Texas 75201. The bid security of recommended bidders will be retained until such time as the awarded bidder has executed the contract. If the awarded bidder fails to execute and deliver the contract within ten (10) days after the notice of award, City may annul the notice of award and shall be entitled to make a claim against the bid security. The bid security of recommended bidders will be retained until the contract is awarded and the contract becomes effective, or all bids are rejected, whereupon bid security furnished by all recommended bidders will be returned.

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The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00)

IV. Local Preference

The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents.

V. Request for Bids

A local firm whose bid is within the following percentages may be considered for award over the lowest bidder (City Council ultimately decides):

• 3% of the lowest bid for a contract valued at greater than $500,000 for goods.

• 5% of the lowest bid for a contract valued at less than $500,000 for goods or services.

• 5% of the lowest bid for a contract valued at less than $100,000 for construction services.

VI. QUALIFICATION OF BIDDERS

Bidders shall have been established in the business of supplying Fire Hydrant Backflow Preventers for one (1) year or more. The City reserves the right to request verification of proof of business. A letter of authorization from the manufacturer shall be provided as proof of distributorship during the recommendation phase.

VII. PRODUCT REQUIREMENTS

1. The main case of the two-inch (2”) device shall have a bronze body construction for durability

(50mm).

2. Device shall have a single access cover, and a modular check type construction, for ease of maintenance.

3. The device shall provide top entry to all internal components, which will make for easy accessibility. The single access cover shall be secured with stainless steel bolts.

4. The seats and seat discs must be of the replaceable kind in both check modules and the relief valve for easy and economical repair.

5. The assembly shall include four (4) resilient seated test cocks for the purpose of testing and repair.

6. There shall be no special tools required for repair and testing.

7. Assembly shall include two (2) resilient seated isolation ball valves with handles.

8. The size, model, and direction of water flow shall be cast on the outside of the main casing.

9. Due to the need for portability of the fire hydrant meter and backflow device, and the concern for extra weight on the fire hydrant nozzle, the overall length shall be less than twenty-five inches (25”), and the weight of the device shall be less than thirty-five pounds (35lbs.)

10. The manufacturer’s serial number shall be stamped on the outside of the main casing, or on a metal tag or plate which is securely mounted to the main casing.

11. Parts Quality: All parts quoted must be new, all parts must be packaged in returnable packages, and bulk packaging is not acceptable for this bid.

12. Items quoted must be first line products only, no second line, re-boxed, or non-branded parts will be accepted for this bid.

Quality of product and literature

13. Bid must be for the manufacturer’s best grade of device.

14. All devices shall be new and unused.

15. All backflow devices, parts, and components shall be original factory-authorized manufacturer’s parts and components.

16. Descriptive Literature: Each shall be accompanied by complete descriptive literature.

VIII. GENERAL PRODUCT INFORMATION FOR BACKFLOW PREVENTERS

1. Materials: Materials used in the backflow preventers that are offered shall comply with the

Safe Drinking Water Act.

2. Water Characteristics: Dallas water is not aggressive.

3. Required Product Approvals: In addition to the requirements of this specification and any special requirements set forth in the bid request, all products offered shall have met the standards for American Water Works Association Std. C511 (AWWA Std. C511), and also the University of Southern California Foundation for Cross-Connection Control and

Hydraulic Research (USC manual 9th edition).

4. Supplementary Specifications: The standard used in preparation of this specification is

AWWA Standard C511 (latest revision). All backflow devices shall, in addition to supplementary requirements, meet all the requirements outlined in AWWA Standard C511.

IX. DELIVERY REQUIREMENTS

Orders shall be delivered within thirty (30) business days for small shipments and up to ninety (90) business days (maximum) for large shipments, after receipt of order. All pricing shall include any discount/markup as quoted in the bid sheet plus any delivery, shipping or freight charges, the City will not pay shipping, delivery or freight charges. All quotations must be F.O.B City of Dallas and included in unit cost unless it’s an emergency. In an Emergency, the City may need to expedited deliveries orders within twenty-four (24) hours of notification. The awarded vendor must supply estimated freight charges to the City prior to shipping the emergency order. Verbal orders will require acknowledgment within twenty-four (24) hours. Orders will be placed from various City departments and shipped to various City of Dallas locations.

All devices shall be crated in sturdy shipping containers to prevent damage to the devices during shipment.

Most deliveries will be made to a Dallas Water Utilities Service Centers at the following addresses:

Yard#1 - 2900 Municipal Street, Dallas, Texas 75215

Yard#3 – 2545 Valleria, Dallas, Texas 75211

Yard#4 - 9805 Harry Hines, Dallas, Texas 75235

Yard#5 – 7777 Goforth, Dallas, Texas 75238

Yard#6 – 405 Long Creek Rd. Sunnyvale, Texas 75182

Yard#7 – 1440 Whitlock Lane, Carrollton, Texas 75006

Yard#8 – 1020 Sargent Rd., Dallas, Texas 75203

Yard#9 – 10011 Log Cabin Rd., Dallas, Texas 75253

X. Communication

In order to provide the customer service required for this Goods contract, bidders shall respond quickly and clearly. This is essential for the City. Bidders shall have a company employee (not an answering service or machine) to answer the phone during normal business hours or provide either a cell phone number. The awarded vendor must be able to respond to any call within 2 hours of notification.

XI. Commencement Date

The Contract shall be contingent of award by the Dallas City Council approval and upon the execution of the Contract.

XII. Award Method

The City’s intent is to award this solicitation in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive.

City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

XIII. Location and Invoicing

The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones.

In order to be in compliance with these specifications, the awarded vendor must have received a hard copy of a City of Dallas delivery order prior to shipping or delivering merchandise. The delivery order must reflect the price(s) on the vendor’s bid sheet. The City of Dallas is not liable for any delivery or shipment in which a delivery order was not obtained first.

Invoices submitted for payment must have the following information:

▪ Name and address of the department where product(s) were delivered

▪ Date of delivery

▪ Delivery order number that authorized the purchase

▪ Manufacturer’s part number and a detail description of each item delivered.

▪ Unit cost and extended cost of each item

▪ Total cost of the order

All original invoices are to be sent to: City of Dallas Accounts Payable, 1500 Marilla Room L2FS, Dallas TX 75201, and a copy sent to the department making the purchase.

Invoices submitted without this information will be returned to the supplier, and payment will not be made until required information is provided on the invoice.

XIV. ESTIMATED EXPENDITURES

The City's estimated expenditures for Fire Hydrant Backflow Preventers & Parts are for thirty-six

(36) months. The actual expenditure(s) used may be more or less than the stated amount during the term of the contract, depending on inventory levels and needs of the end user. The City will not be responsible for any anticipated profits or losses, by any bidder, based on the estimated funding.

Payment to the successful bidder will be based on actual purchases as requested by the user department/division(s).

XV. Special Requirements

The manufacturer or vendor shall furnish an affidavit showing that the devices furnished under these specifications do indeed comply with all the applicable requirements of AWWA C511, and the USC manual 9th edition.

COMPLIANCE WITH NSF STANDARD 60, 61 & 372

The State of Texas has passed a civil statute that mandates compliance with the National Sanitation

Foundation (NSF) Standard 60, 61 & 372 for all direct and/or indirect additives to drinking water.

All certified NSF 60, 61 & 372 products must be awarded over any other items. Bidder shall submit with their bid a signed statement signed by vendors President/Management Team or Licensed

Engineer, someone of authority and knowledge of the products make up/quality control clearly stating the present status of their receiving certification of compliance with the NSF 60, 61 & 372

Standard for each particular product bid. A failure to submit this verification will imply a non-certified product is being bid. All material bids must be in accordance with COG specifications

#2.16 (Fittings for Waterworks) & #2.17 and 2.13.3.

PRICE LIST

The awarded vendor shall provide the City of Dallas with the most current manufacturer’s catalog or price list(s), by CD, e-mail, internet, or FTP (File Transfer Protocol), at no cost to the City of

Dallas with bid; paper catalogs or Paper Price list will not be considered meeting the specifications.

Please note: other methods of verification will be considered on a case by case basis. The City must have a tangible way of verify pricing for each delivery order as part of our auditing process.

The awarded vendor must provide the pricing media for citywide usage; the information on the pricing media shall contain stock number, colors, sizes, prices and all other pertinent information to that purchase order. The awarded vendor is required to submit any revised list as soon as they obtain it; price changes will begin on the date the City of Dallas receives revised price list. The

City of Dallas will not reprocess invoices that have been paid per old price lists due to the bidder’s failure to submit current price lists.

WARRANTY

All the products provided in this contract shall be new and warranted to be free from defects in workmanship, design and materials. Warranty shall be for the manufacturer’s customary warranty period. The warranty will begin upon the City’s acceptance of the product. If the product(s) fails and is believed to be defective, the City of Dallas shall give written or verbal notice, of the intent to return the defective item(s), to the supplier. The product(s) shall be replaced with new product(s) when it has been determined that the failure(s) is product related and within the warranty period, at no cost to the City.

XVI. Exhibits

1. Exhibit A - Zurn Model 950XL3 Double Check Valve Assembly

2. Exhibit B - Zurn Model 350AST Double Check Valve Assembly

XVII. Documents Submitted with Bid or upon Request

1. Business Information Form (BDPS-FRM-140)

2. Conflict of Interest Questionnaire

3. Local Preference Affidavit (OPS-31)

4. Team Make-Up and Local Workforce Form (OPS-FRM-640)

5. Any other City documents as required

XVIII. Opening of Bids

The City will open bids during the bid reading. Bid readings take place at 2:00 p.m. on Fridays and can be viewed on the City’s website.

Any bid tabulation(s) posted after the submission date will be considered draft until final approval of the award recommendation(s).

XIX. Review of Bids

The City will review bids for compliance to determine whether bids are responsive and responsible and whether the bid meets minimum requirements.

1. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the bid.

2. Please be aware that the City of Dallas may use sources of information not supplied by the bidder concerning the abilities to perform this work or meet the minimum requirements. Such sources may include current or past customers of the organization; current or past suppliers;

articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XX. Bid Pricing

1. Bid pricing shall be firm for the entire contract unless otherwise stated herein. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the

Contract.

2. Costs not included or calculated in the applicable unit prices as bid will not be paid by the City, regardless of the intentions of the bidder when the bid was submitted and regardless that those costs were actually incurred.

XXI. Rejection or Acceptance of Bids

1. This RFB does not commit the City to award a Contract. The City reserves the right to reject any or all bids, to waive technicalities or irregularities, and to accept any bid it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFB.

2. The City will require the recommended bidder to sign the necessary Contract documents prepared by the City Attorney's Office, if applicable. If applicable, a sample Contract is included as an attachment. Bidders must take exception to any term of the Contract to which it will not agree in its bid.

XXII. Late and Withdrawn Bids

Bids are required to be submitted electronically using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XXIII. Confidentiality

Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Bidders will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a bid that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the bid “trade secret” or

“confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a bid, the bidder shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City

Attorney to present the matter to the Attorney General of Texas for final determination.

XXIV. Disqualification of Bidders

Bidders may be disqualified for, but not limited to, the following reasons:

• Reason to believe collusion exists among the bidders

• The bidder is involved in any litigation against the City of Dallas

• The bidder is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXV. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XXVI. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXVII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City.

Should the Contractor assign, transfer, sublet, convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the

Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXVIII. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

• Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

• Contractor attempts to assign the Contract without the prior written consent of the City;

• Contractor shall fail to perform, keep or observe any term, provision or covenant of the

Contract; or

• Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the Director, the

Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXIX. Termination

The City may terminate this agreement in whole or in part by giving thirty days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods and services delivered and accepted prior to the effective date of such termination notice.

XXX. Miscellaneous

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Bidders shall submit with their bid, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Bidders shall thoroughly familiarize themselves with the provisions of these Specifications.

4. The City reserves the right to reject all bids and to waive any minor irregularities.

5. A bid may be disqualified if the corporation or individual bidder is in arrears or in default to the City for delinquent taxes or assessments or on any debt or Contract, whether as defaulter or bondsman; or who has defaulted upon any obligation to the City by failing to perform satisfactorily any previous agreement or Contract within the past seven years. Also, bidders may be disqualified for poor prior performance on similar Contracts with other entities.

6. The Contract with the Contractor will be drawn by the City and may contain such other provisions as are deemed necessary to protect the interests of the City.

7. The Contractor agrees to abide by the rules and regulations as prescribed herein. The

Contractor will, in all solicitations or advertisements for personnel to perform services under the Contract, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.

8. If either party hereto is prevented from completing its obligations under the Contract by act of

God, strike, lockout, material or labor restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of the parties hereto, then such party shall be excused from such performance for such period of time as is reasonably necessary after such occurrence to remedy the effects thereof.

9. The section headings in these Specifications are for convenience in reference and are not intended to define or limit the scope of any of the conditions, terms or provisions of these specifications.

10.Should any question arise as to the proper interpretation of the terms and conditions of these specifications, the decision of the City Attorney or his authorized representative shall be final.

XXXI. Conflict of Interest

CHARTER XXII Sec. 11 FINANCIAL INTEREST OF EMPLOYEE OR OFFICER

PROHIBITED

(a) No city official or employee shall have any financial interest, direct or indirect, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or services, except on behalf of the city as a city official or employee.

Any violation of this section shall constitute malfeasance in office, and any city official or employee guilty thereof shall thereby forfeit the city official’s or employee’s office or position with the city. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the city shall render the contract involved voidable by the city manager or the city council.

(b) The alleged violations of this section shall be matters to be determined either by the trial board in the case of employees who have the right to appeal to the trial board, and by the city council in the case of other employees.

(c) The prohibitions of this section shall not apply to the participation by city employees in federally-funded housing programs, to the extent permitted by applicable federal or state law.

(d) This section does not apply to an ownership interest in a mutual or common investment fund that holds securities or other assets unless the person owns more than 10 percent of the value of the fund.

(e) This section does not apply to non-negotiated, form contracts for general city services or benefits if the city services or benefits are made available to the city official or employee on the same terms that they are made available to the general public. (f) This section does not apply to a nominee or member of a city board or commission, including a city appointee to the Dallas Area

Rapid Transit Board. A nominee or member of a city board or commission, including a city appointee to the Dallas Area Rapid Transit Board, must comply with any applicable conflict of interest or ethics provisions in the state law and the Dallas City Code. (Amend. of 8-12-89, Prop.

No. 1; Amend. of 8-12-89, Prop. No. 15; Amend. of 11-4-14, Prop. Nos. 2 and 9) 11HAPTER

XXII.1

XXXII. Indemnity

The selected bidder agrees to defend, indemnify and hold the City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the selected bidder’s breach of any of the terms or provisions of the contract, or by any other negligent or strictly liable act or omission of the selected bidder, its officers, agents, employees, or subcontractors, in the performance of the contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, or employees and in the event of joint and concurrent negligence or fault of the selected bidder(s) and City, responsibility, and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

XXXIII. Development Costs

Neither City of Dallas nor its representatives shall be liable for any expenses incurred in connection with preparing a response to this RFB. Respondents are encouraged to prepare their bids simply and economically, providing a straightforward and concise description of your firm’s ability to meet the requirements of the RFB.

XXXIV. Contract Award

The City reserves the right to award this bid to the lowest bidder(s) by line, group, in its entirety, or in a manner that is most advantageous to the City. By submitting a bid, the bidder agrees to be bound by these terms and conditions unless otherwise noted herein. The final contract is subject to

City Council approval.

XXXV. Certificate of Interested Parties (Form 1295)

All vendors recommended by City staff for a contract pursuant to this RFB will be required to comply with Section 2252.908 of the Texas Government Code. Each vendor shall complete Form

1295-Certificate of Interested Parties- for every contract for which they’re recommended. Vendor will complete the form electronically at the Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm , and submit a copy to the buyer before the contract information will be sent to the City Attorney’s

Office to draft the contract. Once the terms of the contract are fully negotiated; the recommended vendor has signed the contract indicating agreement with the terms of the contract; and the Form

1295 is on file at the Texas Ethics Commission website with a copy provided to the buyer; the staff recommendation will be placed on a City Council agenda to award the contract.

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