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7601 Addendum 1 Bid Invitation7601 Addendum 1 Street Reconstruction Bond Residential Streets Phase 2 Issue Date:1/11/2021 Questions Deadline:1/25/2021 02:00 PM (CT) Response Deadline:2/9/2021 11:40 AM (CT) Denton - Purchasing Contact Information Contact:Cori Power Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 Email:cori.power@cityofdenton.com Page 1 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Event Information Number:7601 Addendum 1 Title:Street Reconstruction Bond Residential Streets Phase 2 Type:Competitive Sealed Proposal Issue Date:1/11/2021 Question Deadline:1/25/2021 02:00 PM (CT) Response Deadline:2/9/2021 11:40 AM (CT) Notes: Out of an abundance of caution, the City of Denton is not accepting hard copy bids. Please submit all bids electronically in Ionwave at https://dentontx.ionwave.net. Hard copy bid bonds are required. CSP 7601 - Street Reconstruction Bond Residential Streets Phase 2 The submittal process may take significant time. The City highly recommends that respondents do not wait until minutes before the due date and time to submit proposal. Submissions via email will not be accepted. Questions must be submitted by the deadline via IONWAVE only (no emails/no phone calls) A virtual public bid opening will be conducted for this solicitation. To attend follow the link or call in: Click here to join the meeting +1 940-208-1678,,513601984# United States, Denton (Toll) Conference ID: 513 601 984# Local numbers | Reset PIN | Learn more about Teams | Meeting options Bid Opening: Tuesday, February 9, 2021 12:10PM-12:25PM GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Reconstruction of 3,595 linear feet of curb and gutter, 10,325 square yards of asphalt pavement, and 1,410 SY of concrete driveway construction. Page 2 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Schedule of Events (subject to change) Issue date:1/8/2021 Pre-Bid: 1/21/2021 (detailed information available in activities tab) Questions deadline: 1/25/2021 at 2:00 PM Close Date: 2/9/2021 at 11:40 AM In accordance with the provisions of Texas State Law, the City of Denton (the City) is requesting submissions to contract with an individual or business with considerable experience in providing goods or services of this solicitation. The responses and the cost solutions shall be submitted to the City of Denton in a sealed submission. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall have the ability to accomplish all aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. A firm may submit a solicitation response for one or more of the categories of product or services requested in this solicitation. Ship To Information Address:901B Texas Street Denton, TX 76209 Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Page 3 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Bid Activities Pre-Bid Conference 1/21/2021 2:30:00 PM (CT) A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre-solicitation conference is strongly encouraged prior to submission of a response. The virtual conference will be held via Microsoft Teams. ________________________________________________________________________________ Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 940-208-1678,,569926223# United States, Denton Phone Conference ID: 569 926 223# Find a local number | Reset PIN Learn More | Meeting options Bid Attachments CSP #7601_Addenda No. 1_01.19.2020.pdf Download *** ADDENDUM 1 *** CSP 7601 - Changes to Section 00 73 01 Supplementary Conditions 7601 - SPECIFICATIONS - Street Reconstruction Bond Residential Streets Phase 2.pdf View Online 7601 - SPECIFICATIONS - Street Reconstruction Bond Residential Streets Phase 2 7601 - PLANS - Street Reconstruction Bond Residential Streets Phase 2.pdf View Online 7601 - PLANS - Street Reconstruction Bond Residential Streets Phase 2 7601 - Unit Price Proposal Form 00 42 44.xlsx View Online 7601 - Unit Price Proposal Form (00 42 44) 7601_-_SAMPLE_-_INVOICE_TEMPLATE.xlsx View Online 7601 - SAMPLE - INVOICE TEMPLATE CIQ.docx View Online Conflict of Interest Questionnaire Substitute_W-9_Form_10.18.18.pdf View Online Substitue w-9 CSP 7601 - Pre Bid Agenda and Attendance.pdf Download *** ADDENDUM 1 *** CSP 7601 - Pre-Bid Agenda and Attendance CSP - 7601 - Pre-bid Meeting Recording.mp4 Download *** ADDENDUM 1 *** CSP 7601 - Pre-bid Meeting Recording Page 4 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Requested Attachments Construction Proposal Documents (Attachment required) Must attach all required documents listed in section 4 of the Proposal Form. Conflict of Interest Questionnaire (Attachment required) The individual or business must disclose any business relationship that would have an effect, of a conflict of interest. Please attach a signed copy of the conflict of interest questionnaire. Substitute W9 (Attachment required) This will be used if awarded to set you up in our system. Unit Price Proposal Form (Attachment required) Must attach excel pricing detail Bid Acceptance - Exceptions If you answered yes - with exceptions to the bid acceptance question please attach a list of the exceptions Bid Attributes 1 SECTION 1 General Information 2 Submittal Instructions The City of Denton will accept electronic in Ionwave submittals until the date and time on the cover sheet of this solicitation. Any submission received after the date and/or hour set for solicitation opening will be automatically rejected. Do not wait until the last minute, incomplete submission will be automatically rejected. The City will not allow late submissions due to technical difficulties. Electronic submissions require hard copy of Bid Bonds. Hard copy bid bonds must be submitted using hard submission requirements. Electronic proposals without hard copy bonds will be automatically rejected. Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below: City of Denton Materials Management SOLICITATION NUMBER AND NAME 901B Texas Street Denton, TX 76209 The City of Denton reserves the right to accept or reject in part or in whole any submission, and to waive technicalities of the submission, in the best interest of obtaining best value for the City. Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date and time noted herein. The City is not responsible for technical difficulties that may result in the submission arriving after the set time. 3 Evaluation Procedures Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of Denton Purchasing Policies and procedures. The City of Denton shall open all submissions and evaluate each respondent in accordance to the below criteria: Page 5 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data submitted in the response. The selection criterion is listed below: Offeror’s Key Personnel (FACTOR:10 %) Key Personnel will be awarded points for the listed role and responsibility that the resume demonstrates with a maximum score of ten (10) points for a single team member that demonstrates all desirable characteristics. The scores of the individual team members will then be averaged to determine the score for the Offeror’s Key Personnel. Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget (FACTOR: 35%) Points will be awarded based on the Offeror’s experience relevant to this Project, the reputation of the Offeror in performance of similar past projects, overall reputation and experience of the Offeror, and percentage of time Key Personnel is committed to this project. The City will evaluate the projects submitted in accordance with the Submittal Requirements Paragraph, to determine relevancy to the specified scope of this Project and review the Offeror’s performance on the submitted projects. The City may contact the references provided by the Offeror, as well as any other additional references, as may be necessary to verify the qualifications, experience, and reputation of the Offeror. Detailed Schedule and Written Plan to achieve Substantial Completion and Final Acceptance within the Contract Time (FACTOR: 10%) The schedule and plan should clearly show the Critical Path and the means and methods the Offeror will use to achieve Substantial Completion and Final Acceptance within the Contract Time. Scoring will be based on the Offeror’s ability to communicate the plan and schedule. Offeror’s Safety Record (FACTOR: 5%) The Owner will award points based on evaluation of the safety documentation provided by the Offeror as required in the Submittal Requirements paragraph. Safety documentation for the Offeror and Subcontractors will be evaluated and considered in awarding points for this item. Price, Total Cost of Ownership (FACTOR: 40%) The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome of the computations performed, each submission will be assigned a raw score. The assigned weight will then be applied to these scores to calculate an overall score for each submission for completion of the final scoring process. Step 2: After the final ranking of the submissions and determination of the firm that provide the best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The best and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City will terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is reached of the submissions are formally rejected by the City. Step 3: Upon selection of the submission or Best and Final Offer that represents the “best value”, a written recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager, Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services. Page 6 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 In accordance with Texas State Law, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. A virtual public opening will be conducted. Respondent names and pricing will be read at the time and date published on the coversheet. After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the City of Denton Materials Management staff to document the request for a debriefing. A meeting with the City of Denton Materials Management Staff and the using Division will be scheduled within a reasonable time. 4 Protests Any interested party who is aggrieved in connection with a solicitation or award of a contract may protest per the City of Denton policy located here on page 52 - "https://www.cityofdenton.com/CoD/media/City-of- Denton/Business/Solicitations%20and%20Contracting/Denton-Procurement-Policy_Final.pdf 5 Section 2 Terms and Conditions 6 General Provisions - Additional for Construction 1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS If applicable, Technical Specifications and Drawings/Plans related to this project are attached to this solicitation. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Respondents are advised that the scope of work, attachments, plans (if applicable), specifications, and other documents on file as stated in the proposal documents shall constitute all the information which the City shall furnish. Respondents are required, prior to submitting any response, to review all documents (scope of work, plans, specifications, exhibits, contract, amendments, bond forms, etc.,) carefully; to visit the site of the work (if applicable); to examine carefully the local conditions; to inform themselves with their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the scope of work, plans (if available) and contained in the specifications, exhibits, and other contract documents, shall be binding upon the City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete information upon which the submission may be based. Any respondent, by submitting a response, represents and warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his calculations and found them to be correct and agrees to be bound thereby. 3. BONDS Successful awarded contractor will be required to sign original contract and submit a blanket performance and payment bond as outlined in specifications before work is to commence. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended. Page 7 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 4. PREVAILING WAGE RATES In accordance with Texas Government Code 2258, the awarded contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas. Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants that the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce proof of compliance with this provision by contractor to the City. The City shall withhold payments due to contractor until contractor has complied with this provision. Prior to any payment being made for work satisfactorily completed and accepted, contractor shall submit wage rate affidavits with its billing documents affirming that all employees have been paid not less than the current "Federal Minimum Wage”. 5. PAYMENT AND PERFORMANCE REQUIREMENTS a. PAYMENT AND INVOICES: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Submissions which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later. Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. b. PAYMENT TO PERFORMANCE MILESTONES Awarded contractor shall prepare and submit monthly pay apps per the schedule of values outlined in the attached STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES, Article 9 Payments and Completion. c. TAX EXEMPTION The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR Page 8 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Upon award of the contract, the Contractor shall inform the City of the subcontractors and material sources that will be used. Upon the completion by the Contractor of the construction of the project, but prior to final payment to the Contractor, the Contractor shall deliver to the City releases of all liens, and of rights to claim any lien, from all manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the effect that all materials or services used on or for the project have been paid for and indicating that the City is released from all such claims. e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS The Contractor shall pay each material-men, and each subcontractor, if any, as outlined in the project specifications, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each material-men or each subcontractor. 6. WARRANTIES The contractor shall provide a warranty as outlined in the project specifications. 7 Right to Protest Any interested party who is aggrieved in connection with a solicitation or award of a contract above the formal threshold may protest to the Procurement Director. Protests based upon alleged improprieties in a solicitation that are apparent before the solicitation due date shall be filed not less than five (5) working days before the solicitation due date. In all other cases, protests shall be filed within five (5) days of notice of intent to award or in the absence of a notice of intent to award, prior to the award date. Filing of a protest must be in accordance with Article 12 of the Procurement Policy Manual found on the City of Denton webpage, Materials Management department page, under the Standard Terms, Conditions, and Policies section. 8 Bid Acceptance I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained herein, and further agree to abide and accept said Terms, Conditions and Specifications. Yes Yes - with exceptions (Please Select) (Required: Check only one) 9 Bid Acceptance Exceptions If you answered yes - with exceptions to the above question you must attach exceptions narrative in attachment tab. (Additional exceptions will not be allowed during the negotiation process) Yes, I understand any exceptions must be attached (Required: Check if applicable) Page 9 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 1 0 Acknowledgement The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all addendum(s). I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract within one year as requested in the scope of work. The Bidder hereby agrees that the City reserves the right to waive informalities in any bid and to reject any or all bids, or to accept any bid that in its judgment will be for the best interest of the City. Acknowledge (Required: Check if applicable) Page 10 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 1 1 Addendum 1 Acknowledgment I acknowledge to have received and read the Addendum 1 documents issued on 1/22/2021. Acknowledgment (Required: Check if applicable) 1 2 Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 - Form 1295) 7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Acknowledge (Optional: Check if applicable) 1 3 Prohibition on Contracts with Companies Boycotting Israel Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts and provide documentation that make it exempt from the boycott certification in its Response. Exemption criteria includes the following: 1. Company is a sole proprietorship; 2. Company employs less than 10 full-time employees; 3. Value of the contract is less than $100,000 “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Sole proprietorship Employs less than 10 Full time employees Value of the contract is less than $100,000 Does not Boycott Israel (Required: Check only one) Bid Lines Page 11 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 1 TOTAL PROPOSAL AMOUNT Item Notes: Copy your responses from Section 5.2 in the following fields. Please note that the following totals must match your totals in the excel unit price proposal form and on the Proposal form section 5.2 in the Specifications attachment (Bid Specifications 00 41 01).If different, Section 5.2 of proposal form Total Proposal Amount (Bid Specifications 00 41 01) will be the official proposed amount. (Line excluded from response total) 2 Base Bid Amount (Response required) Base Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 12 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Print Name Signature Page 13 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1 Page 14 of 14 pages Deadline: 2/9/2021 11:40 AM (CT)7601 Addendum 1