Request for Bid
The City of DeSoto (City) invites participation in the Request for Bid (RFB) for experienced and qualified contractor(s) to provide all machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary for the turnkey demolition and removal of all construction debris materials associated with the City’s 2022 Building Demolition Project. This demolition project will consist of demolishing the following seven (7) City-owned buildings:
1. 932 W. Pleasant Run Rd. (1050 sq. ft., 1 story, residential dwelling)
2. 1000 W. Pleasant Run Rd. (1,752 sq. ft., 1 story, residential dwelling)
3. 106 N. Hampton Road (1,564 sq. ft., 1 story, commercial building)
4. 110 N. Hampton Rd. (4,630 sq. ft., 1 story, commercial building)
5. 302 N. Hampton Rd. (3,326 sq. ft., 1 story, commercial building)
6. 304 N. Hampton Rd. (4,920 sq. ft., 2 story, commercial building)
7. 105 1st Street (4,200 sq. ft., 1 story, Fire Station building).
This demolition project will also include the removal of all concrete slabs underneath all buildings. Bidders will be required to visit each building location prior to submitting their bids.
Note: As required by the Texas Department of State Health Services (TDSHS) Asbestos Program, all 7 City-owned buildings were surveyed in accordance with Texas Asbestos Health Protection Rules (TAHPR) by a TDSHS licensed asbestos inspector. All Regulated Asbestos Containing Material (RACM) above the 160 square feet, 260 linear feet or 35 cubic feet removal threshold has been properly abated by a licensed asbestos abatement contractor in accordance with specifications designed by a licensed consultant.
1.0 SUBMISSION OF BIDS
1.1 One (1) original, five (5) copies, and one (1) USB flash drive of all Bid documents shall be submitted in sealed packages. Bidder’s name and address should be marked on the outsideof the envelope. Facsimile transmittals or offers communicated by telephone will not be accepted or considered. Bid information that is not submitted in sealed packages will not be considered.
1.2 Mail or Deliver Sealed Responses to the Following Address:
City of DeSoto
Attention: Natasha Tucker, Purchasing Manager
211 E. Pleasant Run Road
DeSoto, Texas 75115
2.0 DELIVERY OF BIDS
Bids must be received in the City of DeSoto’s Purchasing Department no later than 1:30PM, January 23, 2023. The submitting Bidder is responsible for the means of delivering the Bids to the location listed in paragraph 1.2 on time. Delays due to any instrumentality used to transmit the Bids including delay occasioned by the Bidder or the City of DeSoto’s internal mailing system will be the responsibility of the Bidder. Bids must be completed and delivered in sufficient time to avoid disqualification for lateness due to difficulties in delivery. The time and date recorded in City of DeSoto is the official clock for determining whether submittals are submitted timely. Late Bids will not be accepted under any circumstances.
3.0 PROPRIETARY INFORMATION
3.1 If a Bidder does not desire proprietary information in the Bid to be disclosed, it is required to identify all proprietary information in the Bid. This identification will be done by individually marking each page with the words “Proprietary Information” on which such proprietary information is found. If the Bidder fails to identify proprietary information, it agrees that by submission of its Bid that those sections shall be deemed non-proprietar and made available upon public request.
3.2 Bidders are advised that the City, to the extent permitted by law, will protect the confidentiality of their Bids. Bidder shall consider the implications of the Texas Public Information Act, particularly after the RFB process has ceased and the Contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the Bidder can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of DeSoto, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Bidder, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General.
4.0 COMPLETION OF RESPONSES
4.1 Information presented in the Bids will be used to evaluate the professional qualifications of the Bidder(s) and to determine the Bidder(s) which will be selected to provide services o the City.
4.2 Responses shall be completed in accordance with the requirements of this RFB. Statements made by a Bidder shall be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.
5.0 CLARIFICATIONS AND ISSUANCE OF ADDENDA
5.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of this RFB must be requested from the Purchasing Department before the deadline forquestions, January 12, 2023.
5.2 If the City, in its sole discretion, determines that a clarification is required, such clarification shall be issued in writing. Interpretations, corrections or changes to the RFB made in any other manner other than writing are not binding upon the City, and Biddersshall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding.
5.3 Requests for explanations or clarifications should be submitted via PublicPurchase.com or emailed to Procurement@DeSototexas.gov. Emails must clearly identify the RFB Number and Title.
5.4 Any interpretations, corrections or changes to this RFB will be made by addendum. Sole issuing authority of addenda shall be vested in the City of DeSoto Purchasing and Contracting Department. Bidders shall acknowledge receipt of all addenda within the responses.
6.0 WITHDRAWAL OF BIDS
A representative of the company may withdraw a Bid at any time prior to the RFB submission deadline, upon presentation of acceptable identification as a representative of such company.
7.0 AWARD OF CONTRACT
7.1 It is understood that the City reserves the right to accept or reject any and all Bids and to re-solicit for Bids, as it shall deem to be in the best interests of the City of DeSoto. Receipt and consideration of any Bids shall under no circumstances obligate the City of DeSoto to accept any Bids. If an award of contract is made, it shall be made to the responsible Bidder whose Bid is determined to be the best evaluated offer taking into consideration the relative importance of the evaluation factors set forth in the RFB.
7.2 The City reserves the right to award a single contract or multiple contracts by section listed in the Scope of Work.
7.3 Tentative Schedule of Events
RFB Advertisement December 29, 2022
Pre-Bid/Site Visit January 5, 2023
Deadline for Questions January 12, 2023
Bids Due Date January 23, 2023 by 1:30PM
8.0 PERIOD OF ACCEPTANCE
Bidder acknowledges that by submitting the Bid, Bidder makes an offer that, if accepted in wholeor part by the City, constitutes a valid and binding contract as to any and all items accepted in writing by the City. The period of acceptance of Bids is one hundred and eighty (180) calendar days from the date of opening, unless the Bidder notes a different period.
9.0 TAX EXEMPTION
The City of DeSoto is exempt from Federal Excise and State Sale Tax; therefore, tax must not be included in any contract that may be awarded from this RFB.
10.0 COST INCURRED IN RESPONDING
All costs directly or indirectly related to preparation of a response to the RFB or any oral presentation required to supplement and/or clarify a Bids which may be required by the City shall be the sole responsibility of and shall be borne by the participating Bidders.
11.0 CONTRACT INCORPORATION
The contract documents shall include the City’s Contract and such other terms and conditions as the parties may agree.
If a Bid is accepted, the successful Bidder, hereinafter “Contractor,” shall not issue any news releases or other statements pertaining to the award or servicing of the Contract that state or imply the City of DeSoto’s endorsement of the successful Bidder’s services.
13.0 GENERAL PROVISIONS
The Contractor may not assign its rights or duties under an award without the prior written consent of the City of DeSoto. Such consent shall not relieve the assignor of liability in the event of default by its assignee.
14.0 ERRORS OR OMISSIONS
The Contractor will not be allowed to take advantage of any errors or omissions in this RFB. Where errors or omissions appear in this RFB, the Contractor shall promptly notify the City of DeSoto Purchasing Department in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFB are to be reported no later than ten (10) days before time for the RFB response is to be submitted.
15.1 If this award results in a contract, it shall remain in effect until contract expires, delivery and acceptance of products and/or performance of services ordered or terminated by the City with a thirty (30) day written notice prior to cancellation. In the event of termination, the City of DeSoto reserves the right to award a contract to next lowest and best Contractor as it deems to be in the best interest of the City of DeSoto.
15.2 Further, the City of DeSoto may cancel this contract without expense to the City in the event that funds have not been appropriated for expenditures under this contract. The City of DeSoto will return any delivered but unpaid goods in normal condition to the Contractor.
16.0 TERMINATION, REMEDIES, AND CANCELLATION
Right to Assurance. Whenever the City has reason to question the Contractor’s intent to perform, the City may demand that the Contractor(s) give written assurance of Contractor’s intent to perform.
In the event a demand is made, and no assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the contract.
17.0 CHANGE ORDERS
No oral statement of any person shall modify or otherwise change or affect the terms, conditionsor specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City of DeSoto’s Purchasing and Contracting Department and signed by both parties.
Change orders must be prior approved by the City of DeSoto City Council when the amount exceeds $50,000.00.
The Contract(s) will be governed and construed according to the laws of the State of Texas. The Contract(s) is (are) performable in Dallas County, Texas. Venue shall lie exclusively in Dallas County, Texas.
19.0 CONFLICT OF INTEREST
No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter 171.
Insurance Requirements: Before starting and until final completion and acceptance of the work called for in the Contract and expiration of the guarantee period provided for in the Contract, the Contractor shall procure and maintain insurance of the types and amounts checked in paragraphs “A” through “F” on the Insurance Requirements sheet.
The Contractor shall require each of its subcontractors to procure and maintain, until final completion, acceptance and guarantee of each subcontractor’s work, the same insurance of the types and amounts as checked on the Insurance Requirements sheet.
Certification and Cancellation: The Contractor shall furnish prior to the start of work called for in the contract the Acord certificate of insurance form for insurance documentation purposes as well as an endorsement letter from their Agent/Broker.
The awarded Contractor will be required to provide insurance coverage as specified on the Insurance Requirements Sheet of this RFB. Upon award, the Acord certificate of insurance form must be completed by the Contractor’s insurance agent/broker and submitted to the Purchasing Department. It must be stated on the Acord form that the City of DeSoto has been added as an additional insured under the General Liability coverage. The signing agent/broker must also certify in writing that the City of DeSoto has been endorsed as an additional insured on the GeneralLiability insurance policy. This letter shall be addressed to the City’s Insurance Officer and must follow exactly the format of the letter attached as page 19. The authorized representative who signs the Acord form must sign the letter as well. The date of the letter must be on or after the date stated on the Acord certificate of insurance.
The City of DeSoto will not accept insurance coverage, other than Excess Liability coverage, from insurance providers that are surplus lines writers in Texas. All insurance companies providing coverage, other than excess liability coverage, must be licensed in the State of Texas.
Please note that the Acord certificate of insurance must be signed by an individual authorized representative, not with the agency name. The signature must be an original ink signature, not a stamped signature.
Company name and address must conform on all documents including insurance documentation. The Contract number, project name and a brief description must be inserted in the “Description of Operations” section of the Acord form. It must be confirmed on the Acord Form that the City of DeSoto is endorsed as an additional insured by having the appropriate box checked off and stating such in the “Description of Operations” section. The”Description of Operations” section should also reference Contract No. (provided to the awarded Contractor), City of DeSoto RFB NO. DEV 2023-008.
The Contractor shall be responsible for maintaining the specified insurance coverage in force to secure all of the Contractor’s obligations under the Contract with an insurance company or companies with an AM Best Rating of B+:VII or better, licensed to write such insurance in Texas and acceptable to the Risk Officer, City of DeSoto. For excess liability only, non-admitted insurers are acceptable, provided they are permitted to do business through Texas excess line brokers per listing on the current list of Licensed Insurance Companies, Approved Reinsurers, Surplus Lines Insurers and Risk Retention Groups issued by the State of Texas Insurance Department.
All subcontractors shall carry the same levels of insurance coverage as those specified for theContractor.
20.1 Insurance Requirement Sheet:
Insurance Requirements: Before starting and until final completion and acceptanceof the work called for in the Contract and expiration of the guarantee period provided for in the Contract, the Contractor and its subcontractors, if any, shall procure and maintain insurance of the types and amounts checked in paragraphs A through F below for all Contract operations.
x A. General Liability, with minimum coverages for combined bodily injury and property damage liability of $2,000,000 general aggregate, $1,000,000 per occurrence including:
1. Commercial General Liability.
x 2. City as additional insured.
3. Owners and Contractors Protective Liability
(separate policy in the name of the City).
x B. Comprehensive Automobile Liability, with minimum coverage of $1,000,000 combined single limit for bodily injury and property damage, including, where applicable, coverage for any vehicle, all owned vehicles, scheduled vehicles, hired vehicles, non-owned vehicles and garage liability.
C. Excess Liability, with minimum coverage of $5,000,000 in umbrella form, or such other form as approved by City’s Risk Officer.
x D. Workers’ Compensation and Employer’s Liability, with minimum coverage as
provided by Texas State Statutes.
x E. Professional Liability (for design and other professionals for Errors and Omissions), with minimum coverage of $1,000,000. If the policy is on a claims-made basis, coverage shall be continually renewed or extended for three (3) years after work is completed under the Contract.
F. Other (Builder’s Risk, etc.): __________.
x G. . CERTIFICATE HOLDER: CITY OF DESOTO
21.0 CONTRACT CONSTRAINTS AND CONDITIONS
21.1 All services shall be provided in accordance with applicable requirements and ordinances of the City of DeSoto, laws of the State of Texas, and applicable federal laws.
22.0 COOPERATIVE PURCHASING
22.1 Should other governmental entities decide to participate in this contract, Bidders, shall indicate in their Bids whether they agree that all terms, conditions, specification, and pricing would apply
22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following will apply: Governmental entities within utilizing Contracts with the City of DeSoto will be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entitiesother than the City of DeSoto will be billed directly to that governmental entity and paidby that governmental entity. The City of DeSoto will not be responsible for another governmental entity’s debts. Each governmental entity will order its own material/services as needed.
All payment terms shall be “Net 30 Days” unless otherwise specified in the Bid.
23.1 Service provider shall invoice no more frequently than monthly for services provided.
23.2 Invoices shall be submitted to the City department that ordered and received the services provided.
See DeSoto Bidder Page 7
Continued from Page 6
23.3 Successful Bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms provided by the City.
24.0 CERTIFICATE OF INTERESTED PARTIES FORM 1295
The successful Bidder is required to complete online the Certificate of Interested Parties Form 1295 and the form must be submitted to the Purchasing contact listed in the solicitation if the purchase/contact will be presented to the City Council. The form is completed at
25.0 CHANGES IN COMPANY NAME OR OWNERSHIP
The Contractor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition Contract. Failure to do so may adversely impact future invoice payments.
26.0 SCOPE OF INFORMATION
26.1 The Contract shall be for the primary purpose of providing building demolition services.
However, the City of DeSoto reserves the right to purchase services from the next two (2) lowest bidders should the primary vendor (low bidder) be unable to provide services to the City. The next lowest bidder shall be called, if also unable to supply, the third (3) lowest bidder shall be called. If none of the three lowest bidders are able to supply services as required, the City of DeSoto reserves the right to purchase services on the open market.
26.2 Liquidated Damages for Delay:
26.2.1 Every day a building remains in an undemolished state, after the expiration of the time for completion, the City shall withhold and deduct from the Contractor’s total compensation and payment under this contract the sum per day given in the following schedule, as liquidated damages.
AMOUNT OF CONTRACT
Less than $5,000
$60.00 per day
$5,000 to $14,999.99
$80.00 per day
$15,000 to $24,999.99
$100.00 per day
$25,000 to $49,999.99
$120.00 per day
$50,000 to $99,999.99
$160.00 per day
$100,000.00 to $1,000,000.00
$240.00 per day
More than $1,000,000.00
$500.00 per day
26.2.2 This provision is understood to be a good faith attempt to settle upon an estimate
of the actual damages that will be suffered by the City, as a result of any delay in completing this contract within the above specified amounts, as accepted by the Bidder and the City. This provision shall in no way be construed to impose a
“penalty” upon the Bidder.
ATTACHMENT A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e., The City of DeSoto) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the DeSoto City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a Request for Statement of Qualifications or bids, correspondence, or another writing related to a potential Contract with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIQ.pdf.
Questions about compliance shall be directed to the bidder’s or Bidder’s own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor.
DS 1-8 White