10-B Police & Cts Rej Bids
AGENDA INFORMATION SHEET
SUBJECT:
Consider a resolution rejecting all bids for the conversion of the UARCO building to
a police and courts building and authorizing competitive sealed proposals for such construction.
BACKGROUND:
The bids received by the City of Paris under the competitive bidding process
for the UARCO building, while significantly lower than the previous bids received, still exceed the
budgeted amount for the project. As a consequence, the City is recommending that Council reject
all such bids and proceed with an alternative procurement process utilizing competitive sealed
proposals. In so doing, the City Council will act as the entity ultimately scoring the proposing
contractors with regard to several criteria. Included in the agenda packet is a draft proposal
package which although not necessarily representative of the final package to be prepared by the
architect, should give City Council an understanding of how the process works. City Council’s
involvement will be to assist in determining those criteria which should be used in evaluating
proposers, and placing a weight or score on how important each individual criterion should be in
the ultimate selection of the successful proposer. Those items which will require City Council
involvement are found at pages 9 and 10 of the enclosed procurement package.
DESCRIPTION:
Approve the resolution rejecting all bids and authorizing a process of
competitive sealed proposals and approve, add, or delete selection criteria for use in the selection
package, as well as the weight that each criterion should have.
STAFF CONTACT:
City Manager Larry Shaw, City Engineer Shawn Napier, and City Attorney
Larry w. Schenk.
SCHEDULE:
Consider for formal action by City Council at City Council’s November 8, 2004
City Council meeting.
DRAFT
F:ALICE\RESWORK\CURRENT\ Rejecting bids UARCO Bldg Res
November 3, 2004
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, REJECTING ALL BIDS FOR THE RECONSTRUCTION
AND CONVERSION OF THE UARCO BUILDING TO A NEW POLICE,
COURT, AND JAIL FACILITY; AUTHORIZING ADVERTISEMENT FOR
SELECTION OF A CONTRACTOR AND CONSTRUCTION SERVICES
THROUGH COMPETITIVE SEALED PROPOSALS IN CONFORMANCE
WITH SECTION 271.116 OF THE LOCAL GOVERNMENT CODE;
APPROVING SELECTION CRITERIA AND WEIGHTING ASSOCIATED
THEREWITH; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
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WHEREAS,
the City Council of the City of Paris did heretofore, on the 13 day of May,
2002, in resolution No. 2002-075 authorize the preparation of plans and specifications for a project
of reconstruction and conversion of the UARCO building to a new police, court, and jail facility; and,
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WHEREAS,
the City Council did heretofore, on the 24 day of August, 2004, in Resolution
No. 2004-146 approve the plans and specifications and authorize the advertisement for bids for
performing all work required for said reconstruction and conversation project, which bids were
received until 3:00 p.m., Thursday, the ______ day of ________, 2004; and,
WHEREAS,
no bids were received which were within the City’s budgeted cost for said
project; and,
WHEREAS,
the City Council desires to reject all bids for said project as presently received,
and to authorize the City’s architect and staff to utilize as an alternative procurement procedure the
selection of a contractor for construction services through the use of competitive sealed proposals
in conformance with Section 271.116 of the Local Government Code; and,
WHEREAS,
the City Council desires to approve and authorize the selection criteria and
NOW, THEREFORE,
weighting of selection criteria for said competitive sealed proposal process;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1.
That the findings set out in the preamble of this resolution are hereby in all things
approved.
Section 2.
That all bids received in response to the City’s solicitation of same as authorized
by City Council resolution No. 2004-146 for the reconstruction and conversion of the UARCO
building to a new police, court, and jail facility, be, and the same are, rejected.
Section 3.
That the project for reconstruction and conversion of the UARCO building to a
new police, court, and jail facility, be re-advertised for and in accordance with Section 271.116 of the
Local Government Code, to select a contractor for construction services through a competitive sealed
proposal process, such proposals to be received after due notice at the office of the City Manager of
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the City of Paris, City Hall, 135 1 Street S.E., Paris, Texas 75460, at such date and time as the City
engineer shall determine, at which time said proposals shall be publicly opened at the City Council
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Chamber, City Hall, 135 1 Street S.E., Paris, Lamar County, Texas, and names of proposers and
monetary proposals, if any, read allowed, with the proposals to thereafter be evaluated and presented
to the City Council for ranking within forty-five (45) days after opening.
Section 4.
That the selection criteria and the weighting of said criteria to be utilized in the
aforesaid request for proposals, as the same are likewise incorporated in that draft request for
proposals attached hereto and for all purposes incorporated herein, shall be and are hereby approved,
and the same shall be presented to the City Council for their use following receipt of proposals in
selectively weighting each proposer, such evaluation then to be presented in an open City Council
session and subsequently tabulated, thereby determining the ranking of order for subsequent
negotiations with each proposer. Following such ranking, negotiations shall ensue to be conducted
by the City Manager and such other staff as said Manager shall deem appropriate, with the results of
such negotiations to subsequently be returned to the City Council with recommendation for contract
award.
Section 5.
That all evaluations of the respective proposers shall be made public following
their tabulation.
Section 6.
That this resolution shall be effective from and after the date of passage.
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PASSED AND APPROVED
this 8 day of November, 2004.
____________________________________
Curtis Fendley, Mayor
ATTEST:
____________________________________
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
N O T I C E T O P R O P O S E R S
NOTICE TO PROPOSERS
POLICE AND COURTS BUILDING
CITY OF PARIS, TEXAS
Pursuant to Section 271.116 of the Texas Local Government Code, it is the intention of the City of Paris, Texas to select a
prime contractor by using the competitive sealed proposal process for the construction of a new police and courts building
located at ________________. The total estimated budget is $__________________.
The necessary proposal documents will be available beginning ____________________, 2004. Proposal documents
(including plans, proposal forms, specifications, instructions to proposers, and contract documents) may be obtained for a
deposit of ___________ Dollars ($_______), payable to the City of Paris, from Brinkley Sargent Architects at
________________, Dallas, Texas [phone], with a limit of ___ (__) sets per proposer. Plan deposit checks will be returned
to the Bidder if Bid Documents are returned complete, undamaged, unmarked, and fully reusable within five (5) calendar
days of the bid submission date. Failure to comply will result in the forfeiture of the cost associated with replacement of the
No exceptions to this forfeiture clause will be made.
Bid Documents. Additional copies of Bid Documents may be
purchased by Bidders from Paris Texas, (903) 784-9234.
A pre-proposal meeting will be held at Paris, Texas, ________________________, at __ o’clock p.m. on
not
_________________________. Attendance at the meeting is strongly encouraged, but is mandatory.
A total of five (5) copies of each proposer’s complete “Proposal Form,” “Questionnaire,” and any other required or
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additional materials must be submitted to the city of Paris, 135 1 Street S.E., Paris, TX 75460 no later than ____ o’clock
___.m., on ____________, ______________, 2004 in an opaque envelope, sealed, and clearly marked on the outside of
the envelope:
City of Paris, Texas
P. O. Box 9037
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135 1 Street S.E.
Paris, TX 75460
Following such _________ o’clock __.m. deadline on ____________, _______________, 2004, “Subcontractors
Qualification Statements” shall be submitted on all subcontractors identified on proposals, as part of the Competitive Sealed
proposal. Such “Subcontractors Qualification Statements” shall be submitted no later than _____ o’clock __.m. on the same
date specified and at the same location specified.
No oral, telegraphic or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be
withdrawn after the scheduled proposal opening deadline. All proposals received after the scheduled proposal opening
deadline will be returned unopened. All proposals timely received (by the _______ o’clock __. m. deadline specified and
subsequently completed by submission of “Subcontractors Qualification Statements” by the ___ o’clock __.m. deadline
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specified) will then be publicly opened and read aloud at the City Hall, 135 1 Street S.E., Paris, Texas 75460.
Each proposal must be accompanied by a cashier’s check or acceptable proposal bond payable to the City of Paris in an
amount not less than five percent (5%) of the total proposed contract sum, plus alternates as submitted.
The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred
percent (100%) of the contract sum, in accordance with Chapter 2253 of the Texas Government Code, within five (5) days
of the contract award.
Selection of the successful proposer will be based on the selection criteria set forth in the instructions to proposers. In case
of ambiguity, duplication, or obscurity in the proposals, the City of Paris reserves the right to construe the meaning thereof.
The City of Paris further reserves the right to reject any and/or all proposals received. Contractors and subcontractors shall
pay to laborers, workmen and mechanics the prevailing wage rates as determined by the City of Paris.
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Publication Dates:Paris News
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P R O P O S A L D O C U M E N T S
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INSTRUCTIONS TO PROPOSERS
POLICE AND COURTS BUILDING
PARIS, TEXAS
GENERAL REQUIREMENTS
1.1RELATED DOCUMENTS
A.Drawings and general provisions of the contract, including General and Supplemental Conditions
and other specification sections, are applicable documents.
1.2DEFINITIONS
A.All definitions set forth in the General and Supplemental Conditions of the Construction Agreement
or in other contract documents are applicable to these proposal documents.
B.Proposal documents include the Request for Competitive Sealed Proposals for Construction Services,
Instructions to Proposers, Proposal Form, sample bond and contract forms and the proposed contract
documents including any addenda issued prior to receipt of proposals.
C.Addenda are written or graphic instruments issued prior to the opening of the proposals which
modify or interpret the proposal documents (including drawings and specifications) by additions,
deletions, clarifications or corrections. Addenda become part of the contract documents when the
Construction Agreement is executed.
D.The City of Paris may be referred to in the proposal documents as Owner.
E.A proposal is a complete and properly signed proposal to do the work for the sums stipulated therein,
submitted in accordance with the proposal documents.
F.The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the
work described in the proposal documents as the base, to which work may be added or from which
work may be deleted for sums stated in alternate proposals, if alternate proposals are required.
G.An alternate proposal (or alternate) is an amount stated in the proposal to be added to or deducted
from the amount of the base contract sum and the corresponding change in the work, as described
in the proposal documents or in the proposed contract documents.
H.A unit price is an amount stated in the proposal as a price per unit of measurement for materials or
service as described in the proposal documents or in the proposed contract documents.
I.A Proposer is a person or entity who submits a proposal.
J.A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for
a portion of the work.
K.Contractor is the person or entity which has been determined to provide the best value for Owner
based on Owner's Selection Criteria and its ranking evaluation, and to which Owner awards the
contract.
L.Contract refers to the Construction Agreement.
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1.3EXAMINATION OF DOCUMENTS AND SITE
A. Each Proposer, by making a proposal represents that she/he has read and understands the proposal
documents.
B.Each Proposer, by making a proposal, represents that she/he has visited the site, performed
investigations and verifications as she/he deems necessary, and familiarized her/himself with the
local conditions under which the work is to be performed and will be responsible for any and all
errors in her/his proposal resulting from failure to do so.
C.The location and elevations of the various utilities and pipe work included within the scope of the
work are offered as a general guide only, without guarantee as to accuracy. The Proposer shall verify
and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and
the like and shall adequately inform her/himself of their relation to the work before submitting a
proposal,
D.Before submitting a proposal each Proposer will at Proposer's own expense, make or obtain any
additional examinations, investigations, explorations, tests and studies and obtain any additional
information (surface, subsurface, and underground facilities) at or contiguous to the site, or
otherwise, which may affect cost, progress, performance or furnishing of the work and which
Proposer deems necessary to determine her/his proposal for performing and furnishing the work in
accordance with the time, price and other terms and conditions of the contract documents.
E.On request in advance, Owner will provide each Proposer access to the site to conduct explorations
and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes,
clean up and restore the site to its former condition upon completion of such explorations.
F.The lands upon which the work is to be performed, right-of way and easement for access thereto, and
other lands designated for use by Contractor in performing the work are identified in the contract
documents.
G.Each Proposer, by making her/his proposal, represents that her/his proposal is based upon the
materials, systems, and equipment required by the proposal documents without exception.
1.4PROPOSAL DOCUMENTS
A.Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the
Architect assumes any responsibility for errors or misinterpretations resulting from use of incomplete
sets of proposal documents.
B.Owner or the Architect, in making copies of the proposal documents available on the above terms,
do so only for the purpose of obtaining proposals on the work and do not confer a license or grant
for any other use.
1.5PROPOSAL PROCEDURES
A. All proposals shall be prepared on the Proposal Form provided by the Architect and submitted in
accordance with the Instructions to Proposers. Proposers shall provide all requested information.
B.A proposal is invalid if it has not been deposited at the designed location prior to the time and date
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for receipt of proposals indicated in the Request for Competitive Sealed Proposals for Construction
Services, or prior to any extension thereof issued by addenda to the proposers. Proposals received
after submission deadline shall be returned unopened and will be considered void and unacceptable.
Owner shall never be held responsible for lateness of mail, carriers, couriers, etc., and the time/date
stamp clock in the City of Paris City Manager’s office shall be the official time of receipt.
C.Unless otherwise provided in any supplement to these Instructions to Proposers, no proposer shall
modify, withdraw or cancel his proposal or any part thereof for ninety (90) days after the time
designated for the receipt of proposals in the Request for Competitive Sealed Proposals for
Construction Services.
D.Proposals shall not contain any recapitulation of the work to be done.
E.Proposers shall make no additional stipulations on the Proposal Form, nor limit nor qualify
proposals in any other manner. Proposals so qualified will be subject to disqualification.
1.6DISCREPANCIES AND AMBIGUITIES
A.Each proposer shall examine the Proposal Documents carefully and, not later than seven (7) days
prior to the date for receipt of proposals, shall make written request to the Architect for
interpretations or corrections of any ambiguity, inconsistency or error therein which she/he may
discover. Any interpretations, corrections and changes to proposal documents or extensions to the
opening date will be made by addenda to the' proposal documents by Owner. Sole authority to
authorize addenda shall be vested in Owner. Prior to the receipt of proposals, addenda will be. sent
certified mail/return receipt requested or faxed or e-mailed to each person or firm recorded as having
received the proposal documents and will be available for inspection wherever the proposal
documents are kept available for that purpose. Proposers shall acknowledge receipt of all addenda.
It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal
submission.
1.7SUBSTITUTIONS
A.Each Proposer represents that her/his proposal is based upon the materials and equipment described
in the proposal documents.
B.No substitution will be considered unless written request has been submitted to the Architect for
approval at least seven (7) days prior to the date for receipt of proposals. All substitutions must be
submitted on the form contained in the Contract Documents.
C.If the Architect and Owner approve a proposed substitution, such approval will be set forth in an
addendum.
1.8QUALIFICATION OF PROPOSERS
A.Every Proposer shall submit with her/his proposal a properly executed Questionnaire.
B.Proposers may be disqualified and their proposals not considered for, by way of example but not
limitation, any of the following reasons:
1. Reasonable information or belief that collusion exists among Proposers;
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2. Proposer being interested in any manner in any litigation involving Owner;
3.Proposer being in arrears on any existing contract or having defaulted on any previous
contract;
4.Lack of competency as revealed by the financial statement, experience and equipment,
Questionnaire, or qualification statement;
5.Uncompleted work which in the judgment of Owner will prevent or hinder the prompt
completion of additional work if awarded.
1.9PREPARATION OF PROPOSAL
A.Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal
documents. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the
prices, written in words and in figures. Where there is a discrepancy between the price written in
words and the price written in figures, the price written in words shall govern. If the proposal is
submitted by an individual that person's name must be signed by that person or by that person's duly
authorized agent. If the proposal is submitted by a firm, association or partnership, the name and
address of each member must be given, and the proposal must be signed by an official or duly
authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be
properly certified and must be in writing and submitted with the proposal.
1.10PROPOSAL SECURITY
A.Each proposal must be accompanied by proposal security made payable to Owner in an amount of
five percent (5%) of the Proposer's maximum proposal price; and same shall be in the form of a
cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety
thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed
to issue such bond, as a guarantee that the Proposer will enter into a contract and execute the
required Performance and Payment Bonds within five (5) days of Owner's award of contract.
B.The Proposal Security of the Contractor will be retained until such Proposer has executed the
Construction Agreement and furnished the required bonds, whereupon the proposal security will be
returned. If the Contractor fails to execute and deliver the Construction Agreement and furnish the
required bonds within five (5) days of Owner's award of contract, Owner may annul the award of
contract. In that event, the proposal security of that Proposer will be become the property of Owner
as liquidated damages. Owner reserves the right to award the Construction Agreement to the
next-ranking Proposer based on Owner's evaluations of the proposal as Owner deems to it be in the
best interest of Owner. The proposal security of the other proposers whom Owner believes to have
a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh
(7th) day after the effective date of the Construction Agreement or the ninety- fifth (95th) day after
the proposal opening, whereupon the proposal security furnished by such proposers will be returned.
C.Owner has the right to retain the proposal security of all Proposers until either:
1. the Construction Agreement has been executed and the bonds have been furnished, or
2.the specified time has elapsed so that proposals may be withdrawn, or
3.all proposals have been rejected.
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1.11PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND
A.The Contractor shall post with Owner, within five (5) days of Owner's award of contract, a
Performance Bond in the amount of one hundred percent (100%) of the total contract price in such
form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company
duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in
the state of Texas.
B.The Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Payment
Bond in the amount of one hundred percent (100%) of the total contract price in such form as is
deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly
authorized and admitted to do business in the state of Texas and licensed to issue such bond in the
state of Texas.
C.In addition to the above requirements, the surety on such bonds must also:
1.hold a certificate of authority from the United States Secretary of the Treasury to qualify as
a surety on obligations permitted or required under federal law; or
2.have obtained reinsurance for any liability in excess of $100,000.00 from a reinsurer that
is authorized and admitted as a reinsurer in Texas and is the holder of a certificate of
authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer
on obligations permitted or required under federal law.
In determining whether the surety on the bond or the reinsurer holds a certificate of authority from
the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies
holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring
companies published in the Federal Register by the United States Department of the Treasury
covering the date on which the bond was executed.
D.The Contractor must file, along with the Performance Bond and Payment Bond, all documents and
information necessary to establish that the agent signing the bond is authorized to write the bond in
the amount requested and, if applicable, that reinsurance requirements have been met, including
limits and ratings or other evidence of company solvency.
E.If the corporate surety company on any bond furnished by the Contractor to Owner is declared
bankrupt or becomes insolvent or such corporate surety company's right to do business in the state
of Texas is revoked, then the Contractor shall within five (5) days thereafter substitute another bond
and corporate surety company, both of which must be deemed acceptable by Owner.
1.12FILING PROPOSAL
A.No proposal will be considered unless it is filed with Owner within the time limit for receiving
proposals as stated in the Request for Competitive Sealed Proposals. Each proposal shall be in a
sealed envelope plainly marked as designated in the Request for Competitive Sealed Proposals.
1.13MODIFICATION AND WITHDRAWAL OF PROPOSAL
A.No proposal may be withdrawn or modified after the proposal opening except where the award of
the contract has been delayed beyond ninety (90) days after date of proposal.
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1.14IRREGULAR PROPOSAL
A. Proposals will not be considered if they show any omissions, alterations of form, additions,
conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However,
Owner reserves the right to waive any irregularities and to make the award in the best interest of
Owner.
1.15REJECTION OF PROPOSAL
A.The Proposer acknowledges the right of Owner to reject any or all proposals and to waive any
informality or irregularity in any proposal received. In addition, the Proposer recognizes the right
of Owner to reject a proposal if the Proposer failed to furnish any required proposal security, or to
submit the data required by the proposal documents, or if the proposal is in any way deemed
incomplete or irregular.
1.16SELECTION CRITERIA AND OWNER EVALUATION
A.Owner intends to select for further negotiation, and based on that process, to award the contract to
the Proposer whose proposal represents the best value to Owner according to the selection criteria
and the relative weighting set forth herein. The selection criteria that Owner will use in designating
the order of negotiation and in selecting the successful Proposer and the relative weighting of such
criteria are as follow:
Selection Criteria
Price:
1. The quoted price, cost methodology, alternatives proposed, and markup for
changes..
Proposed construction time:
2. the time projected to perform all services covered by the total
price.
Proposer’s record of maintaining construction schedule:
3. The proposer’s past record of
timely completion.
Proposer’s safety record and program:
4. Number of accidents on prior jobs.
Proposer’s quality control program:
5.How quality of workmanship is monitored and
maintained.
Financial resources:
6. The financial viability of the Contractor.
Cost reduction suggestions:
7. The value and viability of cost savings measures presented in
the proposal.
Proposer’s references:
8. References that have personal knowledge of the proposing firm’s
reputation and quality of work.
Experience and qualifications:
9. Recent experience in the construction of projects of
comparable size and complexity, experience with municipal facilities of comparable size
and complexity, and experience with facilities in Owner’s geographical area.
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Reputation and experience of the following major subcontractors:
10.
(a)Site Work(j)Hardware Supplier
(b)Site Utilities(k)Cabinetry
(c)Concrete(l)Millwork
(d)Masonry(m)Glazier
(e)Roofing(n)Drywall
(f)Electrical(o)Structural Steel
(g)Plumbing(p)Structural Erector
(h)Mechanical/HVAC(q)Fire Protection
(I)Painting
Personnel to be assigned:
11. The names, construction experience, specific capabilities,
number of personnel (with designation of full-time and/or part-time), and present
commitment of the key individuals (Project Manager, Construction Superintendent,
Assistant Construction Superintendent, Field Engineers, etc.) proposed to be utilized on this
project from beginning of work through completion of construction.
Past relationship with Owner:
12. Consider all past projects that have been constructed for
Owner and the success of those projects.
Ease of accessability to key personnel:
13. How accessible to the project in terms of travel
time key personnel will be.
Relative Weighting of Selection Criteria
B.Price - ___________ percent (__%)
C.Construction time - __________ percent (___%)
D.Record of completing on time - __________ percent (___%)
E.Safety record and program - __________ percent (___%)
F.Quality control - __________ percent (___%)
G.Financial resources - __________ percent (___%)
H.Cost reduction suggestions - __________ percent (___%)
I.References - __________ percent (___%)
J.Experience and qualifications - __________ percent (___%)
K.Subcontractors - __________ percent (___%)
L.Personnel - __________ percent (___%)
M.Past relationship - __________ percent (___%)
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N.Ease of accessibility - __________ percent (___%)
TOTAL (must equal 100%) __________ percent (___%)
B.Proposals shall be publicly opened, and the names of each Proposer shall be read aloud together with
all prices stated in each proposal.
C.Within forty-five (45) days after the proposals are opened, Owner or its designated representatives
shall evaluate and rank each proposal submitted in relation to the published selection criteria and
weighting.
D.Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not
require any modifications to the scope, time, or price, then the first ranked Proposer shall execute
the Construction Agreement as awarded. If for any reason Owner is unable to reach a contract with
the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations
are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection
ranking until such time' as a contract is reached or all proposals are rejected. Proposals may be
rejected at any time.
1.17EXECUTION OF CONTRACT
A.No contract shall be binding on Owner until it has been executed by Owner or its duly authorized
representative, and same delivered to the Contractor.
1.18FAILURE TO EXECUTE CONTRACT
A. The failure of the Proposer to execute the required bonds or to sign the required contract within five
(5) business days after the contract is awarded shall be considered by Owner as abandonment of the
proposal and Owner may annul the award.
1.19PURCHASE ORDER
A.Purchase order(s) shall be generated by Owner to the Contractor. The purchase order number must
appear on all itemized invoices.
1.20NOTICE TO PROCEED
A.Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to the
Contractor requesting that it proceed with construction, establishing the commencement of the
contract time, and the Contractor shall commence work within ten (10) days after the date of Notice
to Proceed.
1.21CONSTRUCTION SCHEDULE
A. The time for completion is _____o'clock p.m. on the _____ calendar day after date of
commencement of work, and such deadline for competition will be included in the Construction
Agreement.
1.22.LIQUIDATED DAMAGES
A.Should the Contractor fail to achieve completion of the work within the specified completion
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schedule, then the sum of ___________ and No/100 Dollars ($_______) per calendar day of delay
will be deducted from the monies due the Contractor for the work, and such sums shall be reasonable
liquidated damages due to the impracticability or impossibility of ascertaining the actual damages.
.
1.23PERMITS
A.The Contractor shall be responsible for obtaining all necessary permits.
1.24MATERIALS TESTING
A.Owner will be responsible for providing or contracting for inspection services and materials testing,
all in accordance with Texas Local Government Code §271.116(c) and any other applicable statutes.
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1.25WAGE SCALE
A.In accordance with V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates,” the
general prevailing wage rate has been determined for this locality for the craft or type of worker
needed to execute work of a similar character to the project listed herein. The Contractor shall pay
the prevailing wage rate in this locality to all employees and subcontractors performing work on this
project, and in no event shall the Contractor pay less than the rate shown in the following schedule:
Except for work on legal holidays, . .- the "General Prevailing Rate of Per Diem Wage" for the
various crafts or type of workers ,or mechanics is the product of ( a) the number of hours worked per
day, except for overtime hours, times (b) the above respective rate per hour.
B.For legal holidays, the "General Prevailing Rate of Per Diem Wage" for the various crafts or type of
workers or mechanics is the product of (a) one and one-half times the above respective rate per hour,
times (b) the number of hours worked on the legal holiday.
C.For overtime work, the "General Prevailing Rate of Per Diem Wage" for the various crafts or type
of workers or mechanics is the product of (a) one and one-half times the above respective rate per
hour, times (b) the number of hours worked on overtime.
D.Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates," the
Contractor or subcontractor of the Contractor shall forfeit as a penalty to the entity on whose behalf
the contract is made or awarded, the sum of Sixty and No/I 00 Dollars ($60.00) for each calendar
day, or portion thereof, that the worker is paid less than the wage rates stipulated in the contract.
1.26MISCELLANEOUS PROVISIONS
A.Any quantities given in any portion of the contract documents, including the plans, are estimates
only, and the actual amount of work required may differ somewhat from the estimates. The basis for
the payment shall be the actual amount of work done and/or material furnished.
B.The Contractor shall not commence work until it has furnished certification of all insurance required
and such has been approved by the City of Paris, nor shall the Contractor allow any subcontractor
to commence work on its subcontract until proof of all similar insurance that is required of the
subcontractor has been furnished and approved. The certificate of insurance form included in the
contract documents must be used by the Contractor's insurer to furnish proof of insurance.
C.Proposals shall be submitted on a separated contract basis. No Texas sales tax shall be included in
the prices proposed for materials consumed or incorporated into the finished product under this
contract. This contract is issued by an organization which is qualified for exemption pursuant to the
provisions of §151.309(5) of the Texas Tax Code. The City of Paris will issue an exemption
certificate to the Contractor. The Contractor must then issue a resale certificate to the material
supplier for materials purchased. The Contractor must have a valid sales tax permit in order to issue
a resale certificate.
In obtaining consumable materials, the Contractor will issue a resale certificate in lieu of payment
of sales tax, and the following conditions shall be observed:
1.The contract will transfer consumable, but not incorporate, materials to the City of Paris at
the time and point of receipt by the Contractor;
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2.The Contractor will be paid for these consumable materials by the City Paris as soon as
practicable. Payment will not be made directly but considered subsidiary to the pertinent
item. The Contractor's monthly estimate will state that the estimate includes consumables
that were received during the month covered by the estimate; and
3.The designated representative of the City of Paris must be notified as soon as possible of the
receipt of these materials so that an inspection can be made by the representative. Where
practical, the materials will be labeled as the property of the City of Paris.
D.If the Proposer's insurance company is authorized, pursuant to its agreement with Proposer, to
arrange for the replacement of a loss rather than by making a cash payment directly to the City of
Paris, the insurance company must furnish or have furnished by Proposer a Performance Bond in
accordance with §2253.021(b), Texas Government Code, and a Payment Bond in accordance with
§2253.021(c), Texas Government Code.
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Q U E S T I O N N A I R E
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REQUEST FOR COMPETITIVE SEALED PROPOSALS
FOR CONSTRUCTION SERVICES
POLICE AND COURTS BUILDING
CITY OF PARIS
Please provide the following information in the same sequence and in the same format contained herein. This form
may be retyped at the proposer's option. Supplemental materials providing additional information in response to any
question may be attached (and must be numbered to correspond to the number of the question), but the information
requested below is to be provided in this format.
1.Basic Information:
1.1Name of organization:
1.2Address of principal office:
1.3Telephone number and facsimile number of principal office:
1.4Form of business organization (e.g., corporation, partnership, joint venture):
1.5Year founded:
1.6Individual named as primary contact (including telephone number if not at principal office):
Organization:
2.
2.1 How many years has your organization been in business in construction in its current capacity?
2.2How many years has your organization been in business under its present name?
2.3Under what other former names has your organization ever operated?
2.4If your organization is a corporation, answer the following: (a) date and state of incorporation, and
(b) names and titles of all corporate officers.
2.5If your organization is a partnership, answer the following: (a) date of organization; (b) type of
partnership (if applicable); and (c) the names of all general partners(s).
2.6If your organization is individually owned, answer the following: (a) date of organization; and (b)
name of owner.
2.7If the form of your organization is other than those listed above: (a) describe it; and (b) name the
appropriate owners, officers, principals, etc.
2.8Is your organization authorized to do business in Texas?
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Experience:
3.
3.1Current Work: Attach a list of all projects your organization is currently constructing. Please
indicate by asterisk (*) those projects comparable to a police, courts, and jail facility. For each such
project provide:
(a)the name, and for whom constructed;
(b)location;
(c)general nature of the project;
(d)construction procurement method (e.g., competitive bid);
(e)nature of your services (e.g., general contractor);
(f)contract amount;
(g)size in square feet;
(h)percent complete; and
(I)scheduled completion date, including name of owner (and contact person with telephone
number) and architect (and contact person with telephone number).
3.2Work Over Past Five Years: Attach a list of major projects (particularly any government facilities)
constructed by your organization over the preceding five year period. For each such project provide:
(a) the name, and for whom constructed;
(b) location;
(c) general nature;
(d) construction procurement method (e.g., competitive bid);
(e) nature of your services (e.g., general contractor);
(f) contract amount;
(g) size in square feet;
(h) completion date;
(I) name of owner, including contact person and telephone number;
(j) name of architect, including contact person and telephone number; and,
(k)projected completion time (from bid specs) and actual completion time.
3.3List the categories of work that your organization normally performs with its own forces. On this project,
do you propose to do any work with your own forces? If so, please describe what work you plan to
self-perform.
3.4List any subcontractors in which your organization has some ownership and list the categories of work
those subcontractors normally perform.
3.5Claims and Suits: If the answer to any of the questions in this Paragraph 3.5 below is "yes", please attach
full details.
3.5.1Has your organization ever failed to complete any work awarded to it? (Your answer to this
question 3.5.1 must include any matters involving your organization and its officers or
principals in their current or any past positions)
3.5.2Are there any pending or outstanding judgements?
3.5.3Are there any pending or outstanding claims?
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3.5.4Are there any pending or outstanding arbitration proceedings?
3.5.5Are there any pending or outstanding lawsuits?
3.5.6Within the preceding five years, has your organization filed any lawsuits or requested arbitration
with regard to any construction contract?
3.5.7 Within the preceding five years, has any officer or principal of your organization ever been an
officer or principal of another organization when it failed to complete a construction contract?
3.6List all projects your organization has performed, if any, for the City of Paris and provide the date
any such project was completed.
3.7Have any past projects resulted in filing of claims for insurance for personnel injury or property
damage? If so, specify owner, project, date of accident, and disposition of claim.
Financial Information:
4.
4.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet
and income statement, showing the following items:
4.1.1Current assets (e.g. cash, joint venture accounts, accounts receivable, notes receivable,
accrued income, deposits, materials inventory, and prepaid expenses).
4.1.2.Non-current assets (e.g., net fixed assets, other assets).
4.1.3Current liabilities (e.g., accounts payable, current notes payable, accrued ,expenses,
provision for income taxes, advances, accrued salaries and accrued payroll taxes).
4.1.4Non-current liabilities (e.g., notes payable).
4.1.5Capital accounts and retained earnings (e.g., capital, capital stock, authorized and
outstanding shares par value, earned surplus and retained earnings).
4.2Name and address of firm preparing attached financial statement and date thereof.
4.3Is the attached financial statement for the identical organization named under Question 1.1 above?
If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent, subsidiary).
4.4 Will the organization whose financial statement is attached act as a guarantor of the proposed
contract for construction (answer this question 'only if your answer to 4.3 is '"no")?
4.5Provide name, address, contact person, and phone number for your bank reference.
4.6Surety and Agent: Provide the: (a) name of your bonding company; and (b) the name and address
of your agent. Payment and performance bonds for 100% of the Guaranteed Sum will be required.
4.7Insurance: Provide the: (a) types; (b) limits; (c) carriers; (d) expiration dates (or attach a copy of a
current Certificate of Insurance) for all insurance policies currently maintained by your organization,
including Commercial General Liability, Automobile Liability, , Excess (Umbrella) Liability,
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Worker's Compensation and Employers' Liability, and (e) name, address, and phone number of your
insurance agent.
Proposed Personnel for this Project:
5.
5.1Personnel: Identify the specific Project Manager(s) and Job Site Superintendent(s) who would work
on this project. If any of these individuals will not be assigned on a full time basis to this project,
identify those individuals and describe their other responsibilities. Attach a resume and list of
references with phone numbers for each individual identified. The Project Manager(s) and Job Site
Superintendent(s) shall be assigned to project. Please also identify the home base or location from
which these personnel will work on the project.
Ability to Meet Project Schedule
6.:
6.1Do you foresee any problem meeting the project schedule? (If answer is yes, please explain.).
6.2Does the stipulated time of _____ calendar days seem reasonable for this project?
6.3Does the stipulated time affect cost of project and if so please explain?
6.4Describe the scheduling techniques, including any scheduling or project management software, you
would employ on this project.
What other projects will your organization be starting during the first calendar quarter of 2002?
6.5Has your organization been assessed any liquidated damages or other damages for delay on any
project during the last five years? If answer is yes, identify project and provide details.
Miscellaneous:
7.
7.1Do you have a formal safety program for your projects: If so, please attach a copy.
7.2Do you have a formal quality control program for your projects? If so, please attach a copy.
7.3Have you identified various changes in the project which if implemented you believe would reduce
the project cost? If so, please attach a detailed description of each proposed cost reduction measure,
including projected savings.
By execution hereof the undersigned warrants and represents that the foregoing answers to this Questionnaire
are true and correct.
_______________________________________________________________________________
Signature of ProposerName of Firm
_______________________________________________________________________________
Printed Name of ProposerAddress of Firm
_______________________________________________________________________________
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TitleTelephone Number of Firm
___________________________________________
Facsimile Number of Firm
Acknowledgment
The State of Texas)
County of ____________)
SUBSCRIBED AND SWORN TO BEFORE ME
on this ____ day of the month of ___________________, 2004,
in the capacity and for the purposes indicated.
___________________________________________
Notary Public, State of Texas
___________________________________________
My Commission Expires:
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