8845 Project Manual reduced 200 21 16
INSTRUCTIONS TO OFFERORS
Page 1 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
SECTION 00 21 16 1
INSTRUCTIONS TO OFFERORS 2
3
1. Defined Terms 4
5
1.1. Terms used in these INSTRUCTIONS TO OFFERORS, which are defined in Section 00 6
72 00 - GENERAL CONDITIONS. 7
8
1.2. Certain additional terms used in these INSTRUCTIONS TO OFFERORS have the 9
meanings indicated below which are applicable to both the singular and plural thereof. 10
11
1.2.1. OFFEROR: Any person, firm, partnership, company, association, or corporation 12
acting directly through a duly authorized representative, submitting a proposal for 13
performing the work contemplated under the Contract Documents. 14
15
1.2.2. Nonresident OFFEROR: Any person, firm, partnership, company, association, or 16
corporation acting directly through a duly authorized representative, submitting a 17
proposal for performing the work contemplated under the Contract Documents 18
whose principal place of business is not in the State of Texas. 19
20
1.2.3. Successful OFFEROR: The Offeror that submits the Proposal that offers the best 21
value to the City based on the evaluation of proposals published in these 22
Instructions to Offerors. 23
24
1.2.4. Purchasing Agent: City designated representative to assist in solicitation of 25
proposals from vendors for City contracts. 26
27
2. Copies of Proposal Documents 28
29
2.1. Neither City nor Design Professional shall assume any responsibility for errors or 30
misinterpretations resulting from the Offerors use of incomplete sets of Proposal 31
Documents. 32
33
2.2. City and Design Professional in making Proposal Documents available do so only for 34
the purpose of obtaining Proposals for the Work and do not authorize or confer a license 35
or grant for any other use. 36
37
3. Examination of Proposal and Contract Documents, Other Related Data, and Site 38
39
3.1. Before submitting a Proposal, each Offeror shall: 40
41
3.1.1. Examine and carefully study the Contract Documents and other related data 42
identified in the Proposal Documents (including "technical data" referred to in 43
Paragraph 4.2. below). No information given by City or any representative of the 44
City other than that contained in the Contract Documents and officially 45
promulgated addenda thereto, shall be binding upon the City. 46
47
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INSTRUCTIONS TO OFFERORS
Page 2 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
3.1.2. Visit the site to become familiar with and satisfy Offeror as to the general, local 1
and site conditions that may affect cost, progress, performance or furnishing of the 2
Work. 3
4
3.1.3. Consider applicable laws, statutes, ordinances, codes, rules and regulations, and 5
lawful orders of public authorities that may affect cost, progress, performance or 6
furnishing of the Work. 7
8
3.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 9
contiguous to the Site and all drawings of physical conditions relating to existing 10
surface or subsurface structures at the Site (except Underground Facilities) that 11
have been identified in the Contract Documents as containing reliable "technical 12
data" and (ii) reports and drawings of hazardous materials and substances, if any, at 13
the Site that have been identified in the Contract Documents as containing reliable 14
"technical data." 15
16
3.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 17
the information which the City will furnish. All additional information and data 18
which the City will supply after promulgation of the formal Contract Documents 19
shall be issued in the form of written addenda and shall become part of the Contract 20
Documents just as though such addenda were actually written into the original 21
Contract Documents. No information given by the City other than that contained in 22
the Contract Documents and officially promulgated addenda thereto, shall be 23
binding upon the City. 24
25
3.1.6. Perform independent research, investigations, tests, borings, and such other means 26
as may be necessary to gain a complete knowledge of the conditions which will be 27
encountered during the construction of the project. On request, City may provide 28
each Offeror access to the site to conduct such examinations, investigations, 29
explorations, tests and studies as each Offeror deems necessary for submission of a 30
Proposal. Offeror must fill all holes and clean up and restore the site to its former 31
conditions upon completion of such explorations, investigations, tests and studies. 32
33
3.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 34
cost of doing the Work, time required for its completion, and obtain all information 35
required to make a proposal. Offerors shall rely exclusively and solely upon their 36
own estimates, investigation, research, tests, explorations, and other data which are 37
necessary for full and complete information upon which the proposal is to be based. 38
It is understood that the submission of a proposal is prima-facie evidence that the 39
Offeror has made the investigation, examinations and tests herein required. Claims 40
for additional compensation due to variations between conditions actually 41
encountered in construction and as indicated in the Contract Documents will not be 42
allowed. 43
44
3.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 45
between the Contract Documents and such other related documents. The Contractor 46
shall not take advantage of any gross error or omission in the Contract Documents, 47
and the City shall be permitted to make such corrections or interpretations as may 48
be deemed necessary for fulfillment of the intent of the Contract Documents. 49
50
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INSTRUCTIONS TO OFFERORS
Page 3 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
3.2. Reference is made to Section 00 73 01 – Supplementary Conditions for identification of: 1
2
3.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 3
the site which have been utilized by City in preparation of the Contract Documents. 4
The logs of soil borings, if any, on the plans are for general information only. 5
Neither the City nor the Design Professional guarantee that the data shown is 6
representative of conditions which actually exist. 7
8
3.2.2. those drawings of physical conditions in or relating to existing surface and 9
subsurface structures (except Underground Facilities) which are at or contiguous to 10
the site that have been utilized by City in preparation of the Contract Documents. 11
12
3.2.3. copies of such reports and drawings will be made available by City to any Offeror 13
on request. Those reports and drawings may not be part of the Contract 14
Documents, but the "technical data" contained therein upon which Offeror is 15
entitled to rely as provided in Paragraph 1.2.a.7. of the General Conditions has been 16
identified and established in Paragraph SC 5.03 of the Supplementary Conditions. 17
Offeror is responsible for any interpretation or conclusion drawn from any 18
"technical data" or any other data, interpretations, opinions or information. 19
20
3.3. The submission of a Proposal will constitute an incontrovertible representation by 21
Offeror (i) that Offeror has complied with every requirement of this Paragraph 3, (ii) that 22
without exception the Proposal is premised upon performing and furnishing the Work 23
required by the Contract Documents and applying the specific means, methods, 24
techniques, sequences or procedures of construction (if any) that may be shown or 25
indicated or expressly required by the Contract Documents, (iii) that Offeror has given 26
City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract 27
Documents and the written resolutions thereof by City are acceptable to Offeror, and 28
when said conflicts, etc., have not been resolved through the interpretations by City as 29
described in Paragraph 5, and (iv) that the Contract Documents are generally sufficient 30
to indicate and convey understanding of all terms and conditions for performing and 31
furnishing the Work. 32
33
3.4. The provisions of this Paragraph 3, inclusive, do not apply to Asbestos, Polychlorinated 34
Biphenyls (PCBs), Petroleum, Hazardous Waste or radioactive material covered by 35
Paragraph 10.3 of the General Conditions, unless specifically identified in the Contract 36
Documents. 37
38
3.5. The Offeror acknowledges and agrees to comply with the requirements of City Ethics 39
Ordinance No. 23-1165. 40
41
4. Availability of Lands for Work, Etc. 42
43
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INSTRUCTIONS TO OFFERORS
Page 4 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
4.1. The lands upon which the Work is to be performed, rights-of-way and easements for 1
access thereto and other lands designated for use by Contractor in performing the Work 2
are identified in the Contract Documents. All additional lands and access thereto 3
required for temporary construction facilities, construction equipment or storage of 4
materials and equipment to be incorporated in the Work are to be obtained and paid for 5
by Contractor. Easements for permanent structures or permanent changes in existing 6
facilities are to be obtained and paid for by City unless otherwise provided in the 7
Contract Documents. 8
9
4.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 10
in Paragraph SC 5.01 of the Supplementary Conditions. In the event the necessary right-11
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 12
the award of contract at any time before the Offeror begins any construction work on the 13
project. 14
15
4.3. The Offeror shall be prepared to commence construction without all executed right-of-16
way, easements, and/or permits, and shall submit a schedule to the City of how 17
construction will proceed in the other areas of the project that do not require permits 18
and/or easements. 19
20
5. Interpretations and Addenda 21
22
5.1. All questions about the meaning or intent of the Proposal Documents are to be directed to 23
the City in Ionwave on or before the deadline advertised on this solicitation’s page at 24
http://dentontx.ionwave.net. Questions received after this day WILL NOT be 25
responded to. Interpretations or clarifications considered necessary by City in response 26
to such questions will be issued by Addenda delivered to all parties recorded by City as 27
having received the Proposal Documents or by responding to individual questions via 28
this solicitation’s page at http://dentontx.ionwave.net. Only questions answered by 29
formal written Addenda will be binding. Oral and other interpretations or clarifications 30
will be without legal effect. 31
32
Address questions for this solicitation’s IONWAVE page to the ‘Questions’ tab 33
(dentontx.ionwave.net). 34
35
5.2. Addenda may also be issued to modify the Proposal Documents as deemed advisable by 36
City. 37
38
5.3. Addenda or clarifications may be posted via the City’s online hosting site, which can be 39
located by visiting and logging-in to the City of Denton’s Purchasing solicitation website 40
at http://dentontx.ionwave.net and clicking on this solicitation’s link. 41
42
5.4. A Pre-proposal conference may be held at the time and place indicated in the 43
Advertisement or INVITATION TO OFFERORS. Representatives of City will be 44
present to discuss the Project. Offerors are encouraged to attend and participate in the 45
conference. City will transmit to all prospective Offerors of record such Addenda as 46
City considers necessary in response to questions arising at the conference. Oral 47
statements may not be relied upon and will not be binding or legally effective. 48
49
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INSTRUCTIONS TO OFFERORS
Page 5 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
6. Proposal Security 1
2
6.1. Each Proposal for projects over $100,000, must be accompanied by Offeror’s Bond made 3
payable to City in an amount of five (5) percent of Offeror's maximum price proposed 4
Proposal Form attached, issued by a surety meeting the requirements of Paragraphs 11.4 5
of the General Conditions. 6
7
6.2. The Offeror’s Bond of all Offerors will be retained until the conditions of the Notice of 8
Award have been satisfied. If the Successful Offeror fails to execute and deliver the 9
complete Agreement within 10 days after the Notice of Award, City may consider 10
Offeror to be in default, rescind the Notice of Award, and the Offeror’s Bond of that 11
Offeror will be forfeited. Such forfeiture shall be City's exclusive remedy if Offeror 12
defaults. The Offeror’s Bond of all other Offerors whom City believes to have a 13
reasonable chance of receiving the award will be retained by City until final contract 14
execution. 15
16
7. Contract Times 17
18
7.1. The Contract will be a Calendar Day contract, and the provisions of the Contract 19
Documents related to Calendar Days will apply. 20
21
7.2. The Contract Time for Substantial Completion will be the number of Calendar Days 22
specified in the Agreement, together with time extensions authorized in accordance with 23
applicable provisions of the Contract Documents. 24
25
7.3. The Contract Time for Final Completion will be the number of Calendar Days specified 26
in the Agreement, together with time extensions authorized in accordance with 27
applicable provisions of the Contract Documents. 28
29
8. Incentives and Disincentives 30
31
8.1. Provisions for Incentives (if applicable) and Disincentives are set forth in Section 4.6 of 32
the Agreement. 33
34
9. Liquidated Damages 35
36
9.1. Provisions for liquidated damages are set forth in the Agreement. 37
38
10. Substitute and "Or-Equal" Items 39
40
10.1. The Agreement, if awarded, will be on the basis of materials and equipment 41
described in the Proposal Documents without consideration of possible substitute or 42
"or-equal" items. Whenever it is indicated or specified in the Proposal Documents 43
that a "substitute" or "or-equal" item of material or equipment may be furnished or 44
used by Contractor if acceptable to City, application for such acceptance will not be 45
considered by City until after the Effective Date of the Agreement. The procedure 46
for submission of any such application by Contractor and consideration by City is set 47
forth in Paragraphs 1.1.m of the General Conditions and is supplemented in Section 48
01 25 00 of the General Requirements. 49
50
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INSTRUCTIONS TO OFFERORS
Page 6 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
11. Subcontractors, Suppliers and Others 1
2
11.1. No Contractor shall be required to employ any Subcontractor, supplier, other person 3
or organization against whom Contractor has reasonable objection. 4
5
12. Submittal Requirements 6
7
12.1. Online submissions via the City’s Ionwave site are preferred, however hard-copy 8
submittals may be accepted. If hard copy submittals are allowed, requirements shall 9
be as outlined on this solicitation’s link at http://dentontx.ionwave.net. 10
12.2. In addition to completing all required sections of the Proposal Documents, the 11
Offeror shall provide documentation demonstrating the Offeror’s qualifications and 12
experience. This documentation shall be included with the Offeror’s Ionwave 13
submissions, or hard-copy sealed proposal package. The Offeror shall address each of 14
the following items in the same order in which they are set forth below. Qualification 15
and experience documentation shall be submitted on letter-size (8-1/2” x 11”) PDF or 16
paper. The qualifications and experience data provided shall include, but may not be 17
limited to the following: 18
19
12.2.1. Proposal Form – Provide the information as required in Sections 00 41 01 – 20
Proposal Form, and 00 42 44 – Unit Price Proposal Form, to establish: 21
22
12.2.1.1. Offeror’s General Information 23
12.2.1.2. Proposal Price 24
25
12.2.2. Offeror’s Past Experience Form - Quality, Reputation, and Ability to 26
Complete Similar Projects on Schedule and Within Budget: The Offeror shall 27
demonstrate experience in delivering similar work as expressed in the Proposal 28
Documents on schedule and within budget. Submit details of three (3) similar 29
projects completed within the last ten (10) years. The Offeror shall provide the 30
completed form found attached in Ionwave and include the following items for each 31
project submitted: 32
33
12.2.2.1. Project Name 34
12.2.2.2. Owner Name 35
12.2.2.3. Project Owner Contact Name, Phone Number, and Email Address 36
12.2.2.4. Contract Time and Actual Completion Time 37
12.2.2.5. Original Contract Cost and Final Contract Cost 38
12.2.2.6. Detailed Project Description. 39
12.2.2.7. The Offeror should present projects that demonstrate experience in the 40
following categories: 41
Earthwork and Grading 42
Concrete Paving 43
Electrical 44
Plumbing 45
46
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INSTRUCTIONS TO OFFERORS
Page 7 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
12.2.3. Offeror’s Key Personnel Resume Form: The Offeror shall include an 1
organizational chart (maximum of 1 page) with the completed form found attached 2
in Ionwave for key team members that will be assigned to the Project. The Offeror 3
should, at a minimum, provide personnel experience for the Project Manager, 4
Superintendent, Safety Manager, Scheduler, Manager in charge of Submittals and 5
Requests for Information and the Foreman/Foremen. The Key Personnel Resume 6
Form should include the following information: 7
8
12.2.3.1. Name and Job Title 9
12.2.3.2. Role and Responsibility 10
12.2.3.3. Total number of years of experience and total number of years with 11
current firm. 12
12.2.3.4. Licenses and Certifications. 13
12.2.3.5. Project Role and Responsibilities. 14
12.2.3.6. Relevant experience for the categories listed in 13.1.2.7, specifically 15
within the last 5 years. Identify if projects were completed with current 16
firm or previous firm. 17
12.2.3.7. List of other active projects Key Personnel will be assigned to for the 18
duration of this project and include percentage of time allocated for each. 19
20
12.2.4. Detailed Schedule and Written Plan to Achieve Substantial Completion and 21
Final Acceptance within the Contract Time: The Offeror shall demonstrate 22
means and methods to achieve Substantial Completion and Final Acceptance within 23
the Contract Time. The Offeror shall include the following: 24
25
12.2.4.1. Baseline Schedule – The Offeror shall submit a detailed Baseline 26
Schedule in accordance with Section 01 32 16. The schedule should 27
provide a preliminary phasing plan for the project and demonstrate the 28
Offeror’s ability to complete the Project within the Contract Time. The 29
Plan should clearly identify the Critical Path Items and the Plan to keep 30
the project on schedule. The Plan should include, but not be limited to: 31
32
12.2.4.1.1. Critical Path and Preliminary Phasing Plan 33
12.2.4.1.2. Project Specific Tasks: Recanvas the HCC building, install roof 34
vents, install fans and louvers, install automatic barriers with card 35
readers and electric and communications service, install concrete 36
paving, abandon waterline, install waterline, install signs 37
Equipment and material deliveries: 38
12.2.4.1.3. Hours of Operation 39
12.2.4.1.4. Offeror’s Resources to reach Substantial Completion, including 40
the number of shifts or crews working in parallel. 41
42
12.2.5. Offeror’s Safety Record: The Offeror shall provide responses and any 43
supporting documentation necessary for the Owner to evaluate the safety record for 44
the Offeror and proposed Subcontractors. The response shall include, but may not 45
be limited to the following: 46
47
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INSTRUCTIONS TO OFFERORS
Page 8 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
12.2.5.1. Documentation of any complaints to, or final orders entered by, the 1
Occupational Safety and Health Review Commission (OSHRC) against 2
the Offeror or a proposed Subcontractor for violation(s) of OSHA 3
regulations within the last five (5) years. 4
12.2.5.2. Documentation of any citations received by the Offeror or a proposed 5
Subcontractor from any federal, state, or local environmental protection 6
enforcement agency. 7
12.2.5.3. Provide records showing Total Recordable Incident Rate (TRIR) for each 8
year for the last five (5) years for the Offeror and each proposed 9
Subcontractor. 10
12.2.5.4. Provide records documenting the Experience Modification Rate (EMR) 11
for the last five (5) years for the Offeror and each proposed 12
Subcontractor. 13
12.2.5.5. List any fatalities in the safety history for the last ten (10) years for the 14
Offeror and each proposed Subcontractor. 15
12.2.5.6. Section 00 45 14 – Safety Record Questionnaire. 16
17
12.3. In addition to the information provided above the Offeror shall submit the following 18
forms as part of the Proposal: 19
20
12.3.1. Section 00 35 14 – Conflict of Interest Affidavit – CSP 21
12.3.2. Section 00 41 01 – Proposal Form – CSP 22
12.3.3. Section 00 42 44 – Unit Price Proposal Form – CSP 23
12.3.4. Section 00 43 14 – Offeror’s Bond – CSP 24
12.3.5. Section 00 43 38 – Proposed Subcontractors Form – CSP 25
12.3.6. Section 00 43 39 – Vendor Compliance to State Law Non-Resident Offeror – 26
CSP 27
12.3.7. Section 00 45 14 – Safety Record Questionnaire – CSP 28
12.3.8. Section 00 45 27 – Contractors Compliance with Workers Compensation Law – 29
CSP 30
12.3.9. Section 00 45 44 – Corporate Resolution of Authorized Signatories – CSP 31
32
13. Proposal Form 33
34
13.1. The Proposal Form is included with the Proposal Documents; additional copies may 35
be obtained from the City. 36
37
13.2. All blanks on the Proposal Form must be completed and the Proposal Form signed. 38
Erasures or alterations shall be initialed by the person signing the Proposal Form. A 39
Proposal price shall be indicated for each proposed item, alternative, and unit price 40
item listed therein. In the case of optional alternatives, the words "No Proposal," "No 41
Change," or "Not Applicable" may be entered. Offeror shall state the prices, in both 42
words and numerals, for which the Offeror proposes to do the work contemplated or 43
furnish materials required. If handwritten, all prices shall be written legibly. In case 44
of discrepancy between price in written/typed words and the price in written/typed 45
numerals, the price in written/typed words shall govern. 46
47
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INSTRUCTIONS TO OFFERORS
Page 9 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
13.3. Proposals by corporations shall be executed in the corporate name by the president or 1
a vice-president or other corporate officer accompanied by evidence of authority to 2
sign, as provided herein, Section 00 45 44 – Corporate Resolution of Authorized 3
Signatories – CSP. The corporate address and state of incorporation shall be shown 4
below the signature. 5
6
13.4. Proposals by partnerships shall be executed in the partnership name and signed by a 7
partner, whose title must appear under the signature accompanied by evidence of 8
authority to sign. The official address of the partnership shall be shown below the 9
signature. 10
11
13.5. Proposals by limited liability companies shall be executed in the name of the firm by 12
a member and accompanied by evidence of authority to sign. The state of formation 13
of the firm and the official address of the firm shall be shown. 14
15
13.6. Proposals by individuals shall show the Offeror's name and official address. 16
17
13.7. Proposals by joint ventures shall be executed by each joint venturer in the manner 18
indicated on the Proposal Form. The official address of the joint venture shall be 19
shown. 20
21
13.8. All names shall be typed below the signature. 22
23
13.9. The Proposal shall contain an acknowledgement of receipt of all Addenda, the 24
numbers of which shall be filled in on the Proposal Form. 25
26
13.10. Postal and e-mail addresses and telephone number for communications regarding the 27
Proposal shall be shown. 28
29
13.11. Evidence of authority to conduct business as a Nonresident Offeror in the state of 30
Texas shall be provided in accordance with Section 00 43 39 – Vendor Compliance 31
to State Law Non-Resident Offeror. 32
33
14. Submission of Proposals 34
35
14.1. Proposals may be submitted electronically or by hard copy. Electronic submittals 36
must be submitted using this solicitation’s page in http://dentontx.ionwave.net. 37
Electronic submittals will not be accepted via email. 38
39
14.2. Original hard copies of Offeror’s bonds shall be submitted for both electronic and 40
hard copy submissions. Bonds must be submitted in a sealed envelope before the due 41
date and time as indicated in Section 00 11 19 – Invitation to Offerors. 42
43
14.3. Proposals shall be submitted on the prescribed Proposal Form, provided with the 44
Proposal Documents, at the time and place indicated in the Advertisement or 45
INVITATION TO OFFERORS. 46
47
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INSTRUCTIONS TO OFFERORS
Page 10 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
14.4. Hard copy submittals shall be enclosed in an opaque sealed envelope, marked with 1
the Proposal Number, Project title, the name and address of Offeror, and 2
accompanied by the Proposal security and other required documents, as indicated in 3
Section 00 41 01 – Proposal Form. If the Proposal is sent through the mail or other 4
delivery system, the sealed envelope shall be enclosed in a separate envelope with the 5
notation "PROPOSAL ENCLOSED" on the face of it. 6
7
14.5. Hard copy submissions shall also include a flash drive, containing a complete copy of 8
the response 9
10
14.6. Address Hard copy submissions as follows: 11
12
City of Denton 13
901-B Texas Street 14
Denton, TX 76209 15
Attn: Purchasing Division, CSP 8845-Recycling Center Facility Improvements 16
17
15. Modification and Withdrawal of Proposals 18
19
15.1. Proposals addressed to the Purchasing Agent and filed with the Purchasing Division 20
of City may be withdrawn prior to the time set for Proposal opening. A request for 21
withdrawal must be made in writing by an appropriate document duly executed in the 22
manner that a Proposal must be executed and delivered to the place where Proposals 23
are to be submitted at any time prior to the opening of Proposals. After all Proposals 24
not requested for withdrawal are opened and publicly read aloud, the Proposals for 25
which a withdrawal request has been properly filed may, at the option of the City, be 26
returned unopened. 27
28
15.2. Offerors may modify their Proposal by electronic communication at any time prior to 29
the time set for the closing of Proposal receipt. 30
31
16. Opening of Proposals 32
33
16.1. Proposals will be opened, and the name of each Offeror will be read aloud publicly at 34
the place where Proposals are to be submitted. The proposed price will be read 35
aloud. An abstract of the amounts of the base price proposals and major alternates (if 36
any) will be made available to Offerors only after Proposals have been evaluated in 37
accordance with this Section. 38
39
17. Proposals to Remain Subject to Acceptance 40
41
17.1. All Proposals will remain subject to acceptance for the time period specified for 42
Notice of Award and execution and delivery of a complete Agreement by Successful 43
Offeror. City may, at City's sole discretion, release any Proposal and nullify the 44
Proposal security prior to that date. 45
46
18. Rejection of Proposals 47
48
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INSTRUCTIONS TO OFFERORS
Page 11 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
18.1. The City reserves the right to reject any or all Proposals, including without limitation 1
the rights to reject any or all nonconforming, nonresponsive, unbalanced, or 2
conditional Proposals and to reject the Proposal of any Offeror if City believes that it 3
would not be in the best interest of the Project to make an award to that Offeror, 4
whether because the Proposal is not responsive or the Offeror is unqualified or of 5
doubtful financial ability or fails to meet any other pertinent standard or criteria 6
established by City. 7
8
19. Disqualification of Proposals 9
10
19.1. The City reserves the right to waive informalities in a Proposal not involving price. 11
Discrepancies between the multiplication of units of Work and unit prices will be 12
resolved in favor of the unit prices. Discrepancies between the indicated sum of any 13
column of figures and the correct sum thereof will be resolved in favor of the correct 14
sum. Discrepancies between words and figures will be resolved in favor of the 15
words. 16
17
19.2. Any of the following shall be cause to disqualify a Proposal: 18
19
19.2.1. The Proposal is not signed by a person empowered to bind the Offeror. 20
19.2.2. The Proposal is not accompanied by an acceptable Offeror’s Bond, with Power 21
of Attorney attached. 22
19.2.3. The Proposal is submitted by an Offeror that has submitted more than one 23
Proposal. 24
19.2.4. There is evidence of collusion between the Offeror submitting the Proposal and 25
one or more other Offerors. 26
19.2.5. The Offeror did not attend or have an authorized agent attend a mandatory Pre-27
Proposal Conference, if applicable. 28
19.2.6. The Offeror is under debarment or suspension by the Owner. 29
19.2.7. The Offeror or a principal of the Offeror is currently debarred or suspended by a 30
Federal, State or local governmental agency. (Applicable for Proposal amounts 31
equal to or in excess of $25,000.00) 32
19.2.8. The Offeror is an interested party to any litigation against City, or City or Offeror 33
may have a claim against the other or be engaged in litigation, or Offeror is in 34
arrears on any existing contract or has defaulted on a previous contract. 35
19.2.9. The Offeror has performed a prior contract in an unsatisfactory manner. 36
19.2.10. The Offeror has uncompleted work which in the judgement of the City will 37
prevent or hinder the prompt completion of additional work if awarded. 38
19.2.11. Incompleteness or an omission, alteration of form, or addition, or the inclusion of 39
a qualification or condition not called for or authorized in the Proposal 40
Documents. 41
19.2.12. Ambiguity or lack of clarity in a Proposal, in which case the City reserves the 42
right to interpret the Proposal in the most advantageous manner for the City, or to 43
reject the Proposal. 44
19.2.13. Failure to acknowledge receipt of Addenda. 45
19.2.14. Failure to identify a dollar amount for one or more unit prices required to be 46
provided in the Unit Price Proposal Form. 47
19.2.15. Failure to submit post-Proposal information within the allotted time(s). 48
19.2.16. Failure to timely execute and deliver the Contract to the City after award. 49
50
00 21 16
INSTRUCTIONS TO OFFERORS
Page 12 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
20. Evaluation of Proposals 1
2
20.1. Proposals will be evaluated by a selection team from the relevant City Departments. 3
The selection team will score the received Proposals based on the evaluation criteria 4
below to determine the Offeror that provides the best value. 5
6
20.1.1. In evaluating a Proposal from a Nonresident Offeror, Proposal Prices and/or 7
evaluation scores will be adjusted to the extent practicable to offset the 8
advantage, if any, the Nonresident Offeror would have over a Texas-resident 9
offeror in the Nonresident Offeror’s state. 10
11
20.2. The City will process and evaluate the received Proposals expeditiously, based on the 12
evaluation criteria below to determine the Offeror that provides the best value for the 13
City. The City will not be liable to any Offeror, however, for any delays in 14
connection with the evaluation, award or execution of the Contract. 15
16
20.3. Evaluation shall be based of the highest scoring of the Proposals with a maximum 17
score of 100 points apportioned as follows: 18
19
Evaluation Criteria Points Requirements
Proposal Price 50 12.1.1 & 20.4.1
Quality, Reputation, and Ability to Complete
Similar Projects on Schedule and Within Budget 10 12.1.2 & 20.4.2
Offeror’s Key Personnel 10 12.1.3 & 20.4.3
Detailed Schedule, Phasing Plan, and Written Plan
to achieve Substantial and Final Acceptance
within the Contract Time
25 12.2.4 & 20.4.4
Offeror’s Safety Record 5 12.1.5 & 20.4.5
Maximum Score: 100
20
20.4. Evaluation criteria will be as follows: 21
22
20.4.1. Proposal Price (50 Points): Points for Proposal Price shall be based on prices 23
submitted by Offerors. The lowest responsible Offeror’s Proposal Price receive 24
the highest score in this category. All other Offeror’s Proposal Prices will receive 25
decreasing points in order of increasing Proposal Price. 26
27
20.4.2. Quality, Reputation, and Ability to Complete Similar Projects on Schedule 28
and Within Budget (10 Points): Points will be awarded based on the Offeror’s 29
experience relevant to this Project, the reputation of the Offeror in performance 30
of similar past projects, and overall reputation and experience of the Offeror. 31
The City will evaluate the projects submitted in accordance with the Submittal 32
Requirements Paragraph, to determine relevancy to the specified scope of this 33
Project and review the Offeror’s performance on the submitted projects. The 34
City may contact the references provided by the Offeror, as well as any other 35
additional references, as may be necessary to verify the qualifications, 36
experience, and reputation of the Offeror. 37
38
00 21 16
INSTRUCTIONS TO OFFERORS
Page 13 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
20.4.3. Offeror’s Key Personnel (10 Points): Key Personnel will be awarded points for 1
the listed role and responsibility that the resume demonstrates with a maximum 2
score of ten (10) points for a single team member that demonstrates all desirable 3
characteristics. The scores of the individual team members will then be averaged 4
to determine the score for the Offeror’s Key Personnel. 5
6
20.4.4. Detailed Schedule and Written Plan to achieve Substantial Completion and 7
Final Acceptance within the Contract Time (25 Points): The schedule and plan 8
should clearly show the Critical Path and Preliminary Phasing, and the means and 9
methods the Offeror will use to achieve Substantial Completion and Final 10
Acceptance within the Contract Time. Scoring will be based on the Offeror’s 11
ability to communicate the plan and schedule. 12
13
20.4.5. Offeror’s Safety Record (5 Points): The Owner will award points based on 14
evaluation of the safety documentation provided by the Offeror as required in the 15
Submittal Requirements Paragraph. Safety documentation for the Offeror and 16
Subcontractors will be evaluated and considered in awarding points for this item. 17
18
20.5. In the event of a tie in the total summation of Points for the best value, the lowest 19
Proposal Price will break the tie and determine the Successful Offeror. 20
21
20.6. City may consider the qualifications and experience of Subcontractors, suppliers, and 22
other persons and organizations proposed for those portions of the Work as to which 23
the identity of Subcontractors, suppliers, and other persons and organizations must be 24
submitted as provided in the Contract Documents or upon the request of the City. 25
City also may consider the operating costs, maintenance requirements, performance 26
data and guarantees of major items of materials and equipment proposed for 27
incorporation in the Work when such data is required to be submitted prior to the 28
Notice of Award. 29
30
20.7. City may conduct such investigations as City deems necessary to assist in the 31
evaluation of any Proposal and to establish the responsibility, qualifications, and 32
financial ability of Offerors, proposed Subcontractors, Suppliers and other persons 33
and organizations to perform and furnish the Work in accordance with the Contract 34
Documents to City's satisfaction within the prescribed time. 35
36
20.8. Contractor shall perform with his own organization, work of a minimum value as 37
outlined in Section 00 43 38 – Proposed Subcontractors Form – CSP, unless 38
otherwise approved by the City. Contractor shall complete and submit Section 00 43 39
38 – Proposed Subcontractors Form – CSP. 40
41
21. Award of Contract 42
43
21.1. If the Contract is to be awarded, it will be awarded to the Offeror whose evaluation 44
by City indicates that the award will provide the best value for the City. 45
46
00 21 16
INSTRUCTIONS TO OFFERORS
Page 14 of 14
CITY OF DENTON CSP 8845
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Recycling Center Facility Improvements
Revised January 5, 2022
Effective January 5, 2022
21.2. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 1
contract to a Nonresident Offeror unless the Nonresident Offeror’s Proposal is lower 2
than the lowest Proposal submitted by a responsible Texas Offeror by the same 3
amount that a Texas resident Offeror would be required to underbid a Nonresident 4
Offeror to obtain a comparable contract in the state in which the nonresident’s 5
principal place of business is located. 6
7
21.3. A contract is not awarded until formal City Council authorization. If the Contract is 8
to be awarded, City will award the Contract within 120 days after the day of the 9
Proposal opening unless extended in writing. No other act of City or others will 10
constitute acceptance of a Proposal. Upon the contractor award a Notice of Award 11
will be issued by the City. 12
13
21.4. Failure or refusal to comply with the requirements may result in rejection of 14
Proposal. 15
16
21.5. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 17
the form must be submitted to the Purchasing Agent before the contract will be 18
presented to the City Council. The form can be obtained at 19
https://www.ethics.state.tx.us/tec/1295-Info.htm. 20
21
21.6. Additional approvals could be required if outside funding is used. 22
23
22. Signing of Agreement 24
25
22.1. When City issues a Notice of Award to the Successful Offeror, it will be 26
accompanied by the required number of unsigned counterparts of the Agreement. 27
Within 14 days thereafter Contractor shall sign and deliver the required number of 28
counterparts of the Agreement to City with the required Bonds, Certificates of 29
Insurance, and all other required documentation. City shall thereafter deliver one 30
fully signed counterpart to Contractor. 31
32
END OF SECTION 33
Contractor. If a key member is no longer capable of performing in the capacity
described in Exhibit "C" – Key Personnel, the Owner, Design Professional, and the
Contractor shall agree on a mutually acceptable substitute.
b. During the performance of the Work, the Contractor shall keep a competent
superintendent at the Project site, who is fully authorized to act on behalf of the
Contractor. Notice from the Owner, Contractor or the Design Professional to such
superintendent, in connection with defective Work, instructions for performance of
the Work or any and all other issues shall be considered notice of such issues to the
Contractor.
Article 3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
Section 3.1 The construction of the Work to be performed under this Contract shall be
commenced within three (3) calendar days after receipt of a building permit and Owner's Notice
to Proceed.
Issuance of a Notice to Proceed for construction of the Work is subject to Owners
acceptance of the Contractor’s proposed Construction Management Plan, and receipt of a
building permit.
The Contractor shall notify the Owner in writing, with confirmation of receipt, not less
than three (3) business days before commencing the Work on the Project site to permit timely
filing of mortgages, mechanics’ liens, and other security interests.
Section 3.2 The Contract Time shall be measured from the date of Notice to Proceed.
Section 3.3 Substantial Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve Substantial Completion
of the entire Work by 270 days.
b. If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,
liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions
for the Contract for Construction.
Section 3.4 Final Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve final completion of the
entire Work by 300 days.
Section 7.1 The Contract may be terminated by the Owner or the Contractor as provided
in Article 14 of Exhibit A - General Conditions for the Contract for Construction, as amended.
If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of
Exhibit A - General Conditions for the Contract for Construction, then the Owner shall pay the
Contractor a compensation calculated in the manner as specified in Section 14.4.c of Exhibit A -
General Conditions for the Contract for Construction, as amended.
Section 7.2 The Work may be suspended by the Owner as provided in Article 14 of
Exhibit A - General Conditions for the Contract for Construction, as amended.
Section 7.3 In the event of such termination by the Owner, the amount to be paid to the
Contractor shall not exceed the amount the Contractor would have been entitled to receive under
Article 5 above.
Section 7.4 In no event shall the Contractor be entitled to receive “Lost Opportunity
Costs”, defined as unabsorbed overhead costs or unrealized profit on this Work, future work for
this Owner, other owner(s), other work, foregone opportunities for the Contractor, or other costs
not directly and verifiably associated with services actually performed or Work successfully
completed under this Agreement.
Article 8. MISCELLANEOUS PROVISIONS
Section 8.1 All references in this Agreement to Exhibit A, shall mean the Exhibit A -
General Conditions for the Contract for Construction, as modified and amended by the parties
hereto. Where reference is made in this Agreement to a provision of another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions
of the Contract Documents.
Section 8.2 The Owner’s representative:
City of Denton
Arturo Garcia
Project Manager
901B Texas Street
Denton, Texas 76209
(940) 349-8021
Arturo.Garcia@cityofdenton.com
when delivered by hand delivery or when deposited in the U.S. mail by registered or
certified mail, return receipt requested, postage prepaid, and addressed as follows:
If to Owner:
Arturo Garcia
Project Manager
City of Denton
901B Texas Street
Denton, Texas 76209
Arturo.Garcia@cityofdenton.com
City of Denton
ATTN: Contract XXXX; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
With an additional copy to:
« [Owner’s Representative Name] »
« [Owner’s Representative Organization] »
« [Owner’s Representative Title] »
« [Owner’s Representative Street Address] »
« [Owner’s Representative City, State & ZIP] »
« [Owner’s Representative Phone Number] »
« [Owner’s Representative Email Address] »
And with a copy to City Attorney’s point of contact:
City Attorney
City of Denton
215 East McKinney St.
Denton, TX 76201
legal@cityofdenton.com
If to Contractor:
« [Contractor’s Representative Name] »
« [Contractor’s Representative Organization] »
adequate remedy. Contractor further acknowledges and agrees that Liquidated Damages may be
owing even though no termination has occurred.
b. Contractor shall pay as liquidated damages to the Owner: the sums shown in the table below for
each calendar day that expires after the date set forth in the Contract for Final Completion of the
Work.
First Week Late Second Week Late Third & Fourth Weeks Late Every Day After the
Fourth Week Late
$1000/day $1000/day $1000/day $1500/day
c. The parties acknowledge, covenant, and agree that the daily basis and the amount set forth above
for liquidated damages are reasonable because of the unique nature of the Project as a benefit to
the public; the fact that inconvenience to the public will be one of the significant impacts of any
failure by the Contractor to timely complete the Work; and that it is impracticable and extremely
difficult to ascertain and determine the actual losses which would accrue to the Owner and the
public.
d. Permitting the Contractor to continue and finish the Work, or any portion thereof, after the time
fixed for its completion, shall in no way operate as a waiver on the part of the Owner of any of its
rights under the Contract. The Contractor acknowledges the Owner receives no benefits from
early completion of the Project or the Work, therefore all rights, if any, to an early completion
bonus or other increases in the Contract Sum for such early completion are hereby waived by the
Contractor.
Article 9. PAYMENTS AND COMPLETION
Section 9.1 Contract Sum
a. The Contract Sum is stated in the Agreement and, is the maximum amount payable by the Owner
to the Contractor for performance of the Work under the Contract Documents. The Contract Sum
may only be increased pursuant to a Change Order signed by the Owner. Completion of the Work
is a condition precedent to Owner’s obligation to pay the full Contract Sum.
b. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities
originally contemplated are materially changed so that application of such unit prices to the actual
quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall
be equitably adjusted.
Section 9.2 Schedule of Values
Where the Contract is based on a Stipulated Sum or the Cost of the Work, the Contractor shall
meet with the Design Professional, at the Preconstruction Conference with a proposed Schedule of Values
as specified in Section 3.10. The Contractor’s Schedule of Values will be reviewed by the Owner and
Design Professional in the context of the Contractor’s proposed Construction Management Plan,
including, but not limited to, the Contractor’s Construction Schedule therein. The values assigned to each
work activity in the Schedule of Values should be generated by the projected earned value of the activities
in the Contractor’s Construction Schedule, rounded to the nearest five dollars, and equal in aggregate to