Sealed bid for 2023 Asphalt Pavement Crack Sealing Services will be received by the City of Derby, Kansas 67037 until 2:00 P.M., Tuesday, April 11, 2023. A public reading will not be held.

The bid must be submitted in a sealed envelope, addressed to the City Clerk of the City of Derby, Kansas. Each sealed envelope containing a bid must be plainly marked on the outside of the envelope as 2023 Crack Sealing Services and sent to the City Clerk, 611 N Mulberry, Derby, KS 67037.

Bids must be good for a period of ninety (90) days.

The City of Derby, with or without cause may reject any or all bids.

Each bidder shall specify an estimated schedule for the performance of services, not to exceed ninety (90) days after receipt of the purchase order.

Robert Mendoza

Director of Public Works

GENERAL INFORMATION

This request is for pavement crack sealing services that meets the specifications listed.

In order to permit contractors to follow their standard processes, minor deviations from the provisions of these specifications will be considered. Such deviations will be approved only at the discretion of the City and only if such approval, in the opinion of the City, does not adversely affect the project. All deviations, however insignificant, must be fully explained on response sheets and shall become part of the bid. There shall be no deviations from the specifications or the intent of the specifications, except which are listed and which are expressly approved as part of the bid acceptance. The City reserves the absolute right in its obligation to the public, to accept the best bid to serve the public interest.

Questions regarding this bid request must be made in writing and directed to Robert Mendoza, Director of Public Works at robertmendoza@derbyweb.com

INSTRUCTIONS TO BIDDERS

Preparation of Bid. Bid shall be made on the Bid Response Form included in this request. Bid information shall be entered into the appropriate space on the Bid Response Form. All costs of bid preparation are the expense of the bidder. No electronic, verbal, facsimile or telephone bid will be accepted.

Examination of Bid Documents. The Bid Documents consist of this Request for Bid, and any addenda which may be issued. Submission of a bid shall constitute bidder’s acknowledgment upon which the City may rely that bidder has thoroughly examined and is familiar with the Bid Documents. No claim for additional compensation will be allowed beyond that stated in the bidder’s submitted Bid Form. Neglect or failure of the bidder to receive or examine all or part of the Bid Document shall in no way relieve the bidder from any obligations with respect to this bid.

Conformance to Bid Requirements. Bids shall conform to the requirements of this Request for Bid. Failure to comply with all requirements of this Request for Bid may result in bid rejection.

Interpretation of Bid Documents and Addenda. Should a bidder discover conflicts or ambiguity in the Bid Documents that require a decision or explanation, bidder may request an

interpretation. Such a request shall be made in writing and delivered to the buyer identified on the cover page of this Request for Bid no later than five (5) calendar days before the deadline for receipt of bids. Every interpretation made to bidders will be in the form of an Addendum issued by the City. Addenda, if issued, will be sent as promptly as possible to all parties that have been issued Bid Documents. Bidders shall acknowledge the receipt of Addenda on the Bid Form.

Submission of Bid. Bidders shall submit two originals (clearly marked ‘Original’) of the completed Bid Form, together with any required attachments or explanatory materials, prior to the time and date set for receiving bids as stated on the cover page of this Request for Bid and/or any modifying Addenda thereto. Bids shall be delivered in a sealed envelope clearly marked with the applicable bid number addressed to:

City Clerk

City of Derby

Attn: 2023 Crack Sealing Services

611 Mulberry

Derby, Kansas 67037

Modification or Withdrawal of Bids. Bids may be modified or withdrawn prior to the bid submission deadline. Bids modified must be retrieved by bidder, at bidder’s expense, and resubmitted with corrected information prior to the bid submission deadline. There will be no extensions for bid modification beyond the bid submission deadline.

No bids may be modified after the bid submission deadline.

Late Bids. Bidder shall be responsible for the timely delivery of bid. Bids received after the deadline for receipt of bids shall not be accepted and shall be returned to the bidder unopened unless necessary for identification purposes.

Bid to Remain Open. The bidder shall guarantee its bid for a period of ninety (90) calendar days from the date of bid opening.

Contract Award. Contract award will be made to the lowest responsive and responsible bidder(s). The acceptance of a bid will be evidenced by a written Purchase Order/Contract delivered to the successful bidder. The successful bidder agrees to abide by the specifications, requirements, terms, and conditions contained in the Contract Documents.

Contract Documents. The successful bidder will be required to enter into a Purchase Order/Contract that is acceptable to the City. Special Provisions within the contract may allow for the addition of attachments, amendments, and special conditions that may be negotiated by the successful bidder and the City. Contract documents will consist of this bid invitation, its attachment(s) and addenda, if any; the successful bidders completed and signed Bid Form; and a Purchase Order/Contract issued by the City. In the absence of any language to the contrary in the executed Purchase Order/Contract, this bid invitation, its attachment(s) and addenda, if any, will be the determining document in questions of compliance with the specifications for this bid.

Reservations. The City reserves the right to:

• Postpone the date and time announced for receipt of bids by issuance of an Addendum at any time prior to the deadline for receipt of bids;

• Reject any bid that is conditional in any way or that contains erasures, items not called for, items not in conformity with applicable law, changes, additions, alternate proposals, or any other modifications of the Bid Form which are not in accordance with the Bid Documents;

• Make any investigations deemed necessary to determine if a bidder is responsive and responsible;

• In the event only one bid is received in response to this bid invitation, require the sole bidder to submit cost or pricing data to assist in determining if the price is reasonable;

• Reject any or all bids, including any bids that are found to be non-responsive or submitted by a bidder that is not responsible;

• Waive minor defects or irregularities in any bid, provided that the discrepancy does not affect the bid amount or give the bidder an advantage over others;

• Award a Purchase Order to a single bidder for the entire procurement or to multiple bidders by line item, in groups, or in phases, according to specifications.

Scope:

• The work area, and bid sections (priorities) are provided in Exhibit A and Exhibit B.

• All visible cracks ¼ inch in width, or larger shall be cleaned and sealed. Care should be taken not to allow dust or debris from cleaning to contaminate previously cleaned cracks. The contractor shall clean all dust and debris blown into driveways and sidewalks.

• All cold joints between the asphalt pavement and curb shall be sealed.

• Proposer must seal cracks, in all lanes of traffic in each section (See Exhibit A and Exhibit B) before progressing to the next.

• Equipment and sealant manufacturer's instructions must be followed for the use and application of the material.

• Apply sealant with a wand and use a squeegee or applicator head as necessary to control surface material. The sealant should be squeegeed flush with the asphalt surface a minimum of two (2") inches wide. Excessive sealant on the pavement surface will not be allowed.

• The pavement shall not be wet or damp when applying sealant.

• Traffic will not be allowed on the new sealant until it is dry enough that it will not track. (Intersections or other areas that must carry traffic may require a detack agent.)

• Note: Sealant will not be reheated except as allowed by the supplier's instructions.

General Requirements:

• The total volume of crack sealed will be measured and priced in linear feet.

• All work shall comply with the Standard Specifications for State Road and Bridge Construction, Edition 1990 of the Kansas Department of Transportation.

• Hot pour type joint sealant furnished under this specification shall meet the ASTM D5078 requirements. The contractor shall provide certification that their sealant meets the mentioned ASTM requirements.

• All equipment shall be in good working order, free of leaks and appropriate for the material being utilized.

• Daylight hours for the purpose of these specifications are defined as the period one-half hour after sunrise to one-half hour before sunset.

• Performance of work on Saturdays is optional with the Contractor. If the Contractor elects to work on Saturdays, inspection is required for such work. In such cases, the Contractor shall provide the Street Department 24-hour advanced notice of their intent to work on Saturday.

• The Contractor shall be responsible for all traffic control for the work required and follow the standard set forth in the MUTCD manual.

• The contractor will provide the schedule for work.

Payment:

• The accepted bid in linear feet will be paid at the contract unit price per foot of "Crack Sealant". Price shall be full compensation for furnishing all materials, equipment, labor, and incidentals necessary to complete the work.

• Provision of a certificate of insurance by the successful proposer evidencing insurance coverage for all work and services to be performed as part of the contract award in amounts not less than the following:

Commercial General Liability Coverage: $1,000,000 Each Occurrence

$1,000,000 Personal & Advertising Injury

$2,000,000 General Aggregate

$2,000,000 Products Completed/

Operations Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers Compensation Workers’ Compensation—Statutory

$500,000 Each Accident

$500,000 Disease-Policy Limit

$500,000-Each Employee

Professional Liability Insurance $500,000 Limit

The above amounts are the minimum insurance requirements necessary to comply with the submission requirements for this RFP and the commercial general liability limits may be achieved through the use of an umbrella or excess coverage policy. Said certificate of insurance shall be written by a reputable insurance carrier approved by Derby and the final certificate will name Derby as an additional insured on general liability and automobile liability coverages. In addition, insurance policies applicable hereto shall contain a provision that provides that City shall be given

thirty (30) days’ written notice by the insurance company before such policy is substantially changed or canceled.

CITY OF DERBY

Vendor Name: ______________________________________________________________________________________

Vendor Mailing Address: ___________________________________________________________________________

Vendor Contact Person: ____________________________________________________________________________

Contact Person Telephone Number: ______________________________________________________________

Contact Person Email: ______________________________________________________________________________

Authorized Representative: ___________________________________________________ __________________

Signature Date

Please see Exhibit A: Section Map for work areas and measurements.

Please see Exhibit B: Area Map for total work area map and priority list.

The successful Bidder agrees to guarantee the material and workmanship of the project bid upon for one (1) year from the day work is completed. Any material or workmanship within the warranty period must be replaced by the Bidder free of charge, to the City of Derby, Kansas, and any labor involved in warranty work must be furnished or paid for by the Bidder for the warranty period.

Area A

Section 1. West side of Rock Rd. Intersection at Patriot Ave. west 3,322 lf. to the center of the intersection at Triple Creek Dr.

Section 2. Center of Triple Creek Dr. Intersection at Patriot Ave. West 3,322 lf.

Section 3. City limits at K15, East to a point 1000 lf. East of Bucker St. Total distance of 3,517 lf.

Area B

1. Section 1 is First Priority

2. Section 2 is Second Priority

3. Section 3 is Third Priority

4. The dimensions provided are taken from aerial photography and must be confirmed by proposer.

5. Linear feet of pavement sections are shown as reference only.

6. Proposer must provide cost based on linear feet of proposed crack sealing.

7. Proposer must seal cracks in all lanes of traffic in each section before progressing to the next.

8. Proposer must perform all traffic control functions.

DOWNLOAD BID INFORMATION WITH MAPS