3-01 - Specification for Plastic Sewer Couplings and Lateral Cleanouts .pdf

City of Dallas

Request for Bids (RFB)

Project Title: Plastic Sewer Couplings & Lateral Cleanouts

Buyer Solicitation Number: BY26- 00029440 http://www.dallascitynews.net/

Specifications

I. Introduction

The City of Dallas (City) is soliciting bids to establish a sixty (60) month Indefinite Delivery /

Indefinite Quantity (ID/IQ) master agreement for the purchase of Plastic Sewer Couplings &

Lateral Cleanouts for use throughout the City. An ID/IQ agreement is established when quantities of services and/or delivery schedules cannot be determined. Materials ordered under this agreement will be ordered on an as needed basis for the term of the agreement.

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 addressed 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. 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 bid security (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.

The following documents should be submitted with your bid:

- Copy of Bid Security ($100.00) https://dallascityhall.bonfirehub.com/login

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.

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.

V. Specifications

Bids will be considered only from bidders who have been established in the business of providing plumbing supplies for one (1) year or more years. The successful bidder(s) must possess the capacity to provide the products and service necessary throughout the duration of the agreement. The bidder(s) shall maintain adequate access to inventory to satisfy the order request without extended delivery time or delay. If requested, bidders must provide references of proof of business up to the previous twelve (12) months. Bidder(s) shall be an authorized distributor of the bided product. In some circumstances, a letter or documentation from the manufacturer may be requested and provided as proof of distributorship.

See and refer to the attached bid sheet for detailed description information of sample items.

These sample items are not the only items that will be purchased, as the city of Dallas has numerous sizes in stock/inventory that are utilized.

VI. Communication

It is essential that the awarded bidder(s) respond clearly after receiving a telephone call or email from the participating City departments. These attempted contacts shall be answered within twenty-four (24) hours. The awarded bidder(s) shall respond to any emergency phone calls and/or emails from the City within four (4) hours of receipt.

VII. Commencement Date

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

VIII. Award Method

The City’s intent is to award this solicitation by the Group for group 1 thru 4 and by the Brand for Group 5 to the responsive and responsible bidder(s) with the most advantageous percentage

Discount or Markup (-/+) and has demonstrated compliance with the specifications. Bidder(s) shall be able to bid each group with percentage Discount or Markup (-/+) for Estimated

Expenditure line for Five (5) Years. All Sample lines within each group in this solicitation require unit pricing in conjunction with discount/markup (-/+) only to determine the lowest bidder. The city will calculate both the unit pricing and discount/markup (-/+) total to determine the lowest price for the respective group. The City reserves the right to award in the method that is most advantageous to the City. Bidders are not required to bid all groups on the bid sheet.

Bidders must bid on all sample lines within each group to be considered responsive for that group. Failure to bid on all lines within a group may be cause for bid to be considered non-responsive. Bidders must use the City of Dallas bid sheet provided in the bid packet for bid submission. The City reserves the right to award by line, group or in total, whichever is most advantageous to the City.

Any alterations made on the bid sheet will result in the response being considered non-responsive.

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. A request for bid does not commit the City of Dallas to award any contract. Bids submitted late will not be considered for award.

The awardee as well must notify the city of any manufacture price increase or decrease of material regarding this agreement. The city intends to award percentages Discount/Markup (-/+) to the most advantageous percentage per deepest discount or markup when calculating the net cost from sample pricing.

IX. Location and Invoicing - The City shall pay invoices in thirty (30) days. For the City to pay invoices in thirty (30) days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The thirty (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 thirty (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. Each invoice submitted for payment shall include, at a minimum, the following information:

• Name and address of the department for which order was provided.

• Contact information of City staff who placed orders (Name, Phone Number, Department)

• Date of Order or Service

• Detailed description of each Order.

• Price of Good or Services, charges for all services covered by this contract are to be separately stated and explained.

• Total Cost of Goods/Services.

Invoices must be mailed or delivered directly to the division that has placed the order. The awarded bidder(s) must have received a hard copy of a City of Dallas order document prior to shipping or delivering merchandise. The delivery order must show specific quantities and materials provided also reflecting the price(s) on the awarded bidder(s) bid sheet. Each invoice submitted must include referencing order number that authorized the purchase.

Submitting invoices without the above information may cause delays in payment processing.

Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to consistently follow these instructions risk having the contract with the City cancelled.

X. Total Cost of Goods

A percentage discount/markup (-/+) shall remain firm for the sixty (60) month term from the date of the award and include all costs incurred, real and unforeseen, related to the manufacture, shipping and delivery of products. This will include insurance, freight and all other direct costs.

The estimated expenditures for Five (5) years listed on the bid sheets are estimates only. Actual expenditure may be higher or lower than the listed expenditure during the contract term, depending on anticipated needs. The City of Dallas reserves the right to order fewer or additional quantities as deemed necessary during the term of the contract. The City of Dallas will not be responsible for any anticipated profits or losses by any bidder(s) based on estimated quantities given.

The city will not be responsible for any anticipated profit or losses based on these estimates. The

City will place orders on an as needed basis with no required minimum quantity. It is expected of the awarded vendor to ship material regardless of the total order amount.

The awarded vendor must provide current manufactures price list with bid in the form of CD, flash drive or electronically that can be used city wide. The information on the CD, flash drive or electronic transfer must contain stock number, colors, sizes, prices and all other pertinent information. The City of Dallas will only honor revised prices beginning the date the City of

Dallas receives the revised catalog and/or list price by the methods listed above. The City of

Dallas will not reprocess invoices that have been created by the old list price due to the bidder’s failure to submit current list price. All City of Dallas purchases will be discounted per the quotes listed in the RFB from the awarded vendor.

XI. Performance Measures and Contract Management

Deliveries will be required to various locations throughout the City of Dallas. The successful bidder(s) will be responsible for all delivery costs to include returns. Partial shipments will be accepted with prior approval of the requested City department. Orders shall not be considered complete until such time as the total number of items ordered has been received.

Orders must be delivered within thirty (30) business days after receipt of order. In an emergency, the City of Dallas may need to expedite delivery orders within twenty-four (24) hours of notification. The awarded vendor must supply estimated freight charges to the City of Dallas prior to shipping the emergency order. Verbal orders will require acknowledgment within twenty-four (24) hours.

Successful bidder who consistently fails with supplying material as required, may be disqualified or cancelled from the agreement. Vendor would receive a written thirty (30) day notice prior to

City taking such action. This action may further hinder said vendor from future agreement awards.

XII. Substitutions

No substitutions will be allowed for the listed brands. Vendors must be able to provide the brand listed to be considered for award. Please review the bid sheet for approved brand/manufacturer list. If a company/manufacturer would like their product to be evaluated for

City consideration, they must contact the buyer for instructions on the evaluation process.

The minimal testing and evaluation period for Plastic Sewer Couplings and Lateral Cleanouts may be up to six (6) months and would not be considered for this solicitation. If the brand is approved by the City, the brand will be added the approval list in the solicitation preceding the approval.

XIII. Audit Requirements

All the products (parts and material) provided shall be new, unused, and warranted to be free from defects in workmanship, design and materials. Warranty shall be for the manufacturer’s customary warranty period or a period of one (1) year, whichever is greater. The warranty will begin upon the City acceptance of the product, installation, or service.

Defective product(s) shall be replaced with new materials when it has been determined that the failure(s) is product related. Vendor will be responsible for any shipping charges for returns during the warranty period. If it’s determined that the product must be replaced the product will be returned for full credit, including any shipping charges.

XIV. Documents Submitted with Bid or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-07, State Form CIQ)

3. Local Preference Affidavit (OPS-31)

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

5. Any other City documents as required

XV. 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).

XVI. Review of Bids

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

2. 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.

3. 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.

XVII. Bid Pricing

1. Percentage discount/markup 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 bid when the bid was submitted and regardless of that those costs were actually incurred.

XVIII. 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.

XIX. 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.

XX. 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.

XXI. 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

XXII. 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.

XXIII. 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.

XXIV. 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.

XXV. Default by Contractor

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

• Contractors 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

• Contractors fail 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.

XXVI. 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.

XXVII. 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.

XXVIII. 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 there by 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

XXIX. 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.

XXX. 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.

XXXI. 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.

XXXII. 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 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.

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