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RFQ 7968 Bid Invitation - Addendum 17968 RFQ Addendum 1 Prequalification for Utility Relocation Construction Services Issue Date:3/17/2022 Questions Deadline:4/15/2022 01:00 PM (CT) Response Deadline:4/26/2022 11:00 AM (CT) Denton - Purchasing Contact Information Contact:Cori Power Address:Procurement and Compliance 901B Texas Street Denton, TX 76209 Phone:(940) 349-7100 Email:cori.power@cityofdenton.com Page 1 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 Event Information Number:7968 RFQ Addendum 1 Title:Prequalification for Utility Relocation Construction Services Type:Request for Qualifications Issue Date:3/17/2022 Question Deadline:4/15/2022 01:00 PM (CT) Response Deadline:4/26/2022 11:00 AM (CT) Notes:The City highly recommends that respondents do not wait until minutes before the due date and time to submit qualifications. The submittal process may take significant time. Submissions accepted via IONWAVE or hard copy ONLY (no emails). Questions must be submissions by deadline via IONWAVE only (no emails/no phone calls) The City of Denton (the City) is seeking to prequalify contractors for Water and Wastewater Relocation Construction Services, with a primary emphasis on working adjacent/within TxDOT ROW. The City is requesting qualifications to select a pre- qualified list of firms with demonstrated experience in providing Utility Relocation Construction Services. The responses shall be submitted to the City of Denton in a sealed submission. The awarded individual or business shall possess a proven track record in the industry 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 effective solutions. A firm may submit a solicitation response for one or more of the categories of product or services requested in this solicitation. Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Bid Attachments ADDENDUM - RFQ 7968 - Prequalification for Utility Relocation Construction Services SOW.pdf Download RFQ 7968 - Prequalification for Utility Relocation Construction Services - Statement of Work Page 2 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 ADDENDUM - RFQ 7968 - Exhibit 2-Submission Form Attachments A-D.xlsx Download RFQ 7968 - Exhibit 2-Submission Form (Attachments A-D) ADDENDUM 1 - RFQ 7968 Prequalification for Utility Relocation Construction Services.pdf Download **ADDENDUM 1** RFQ 7968 Prequalification for Utility Relocation Construction Services Safety Record Questionnaire.pdf Download Safety Record Questionnaire CIQ.docx Download Conflict of Interest Questionnaire Requested Attachments Statement of Qualifications (Attachment required) Attach statement of qualifications as outlined in Section D of the Statement of Work and Attribute 4. Exhibit 2 Submission Form, Attachments A-D (Attachment required) Completion of Exhibit 2 Submission Form, Attachments A-D (Excel) Additional Financial Statements (Attachment required) Attach Additional Financial Statements as outlined in Exhibit 2-Attachment D. Safety Record (Attachment required) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the written definition and criteria as shown in the Safety Record Questionnaire for accurately determining the safety record of a respondent prior to awarding City contracts. 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. Bid Attributes 1 SECTION 1 General Information 2 Term It is the intention of the City of Denton to award a pre-qualified list for a three (3) year period. The pre-qualified list shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. At the sole option of the City of Denton, the pre-qualified list may be further extended as needed, not to exceed a total of six (6) months. Page 3 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 3 Pricing This contract is for qualification of construction services and price shall not be solicited for this RFQ. The City will pre-qualify a firm(s) on the basis of demonstrated competence and qualifications to perform the services described in this RFQ. 4 Summary of Qualifications Sealed qualifications will be accepted in accordance with the Statement of Work. Interested firms must submit a summary of the firm’s qualifications as outlined in this section and throughout the scope of work. The firm(s) scores will be based on the following qualifications (it is the firm’s responsibility to provide proof of the following): A minimum of five (5) years of experience in water/wastewater infrastructure construction for a governmental entity on local, state, or federally funded projects. Documentation of bonding capacity in excess of $70 million, and crew capacity to complete the two largest projects simultaneously between July 2022 and May 2025. Construction Experience and References (10 recent/relevant projects) In addition to Attachment B & C of Exhibit 2 - Submission Form, please provide a general description of each related project performed in the past ten (10 years, that is provided in Attachment C. At least five (5) project examples should demonstrate any combination of the major work categories. The list of specific projects should include project delivery method, scope, budget, etc. At least two (2) of the submitted projects shall demonstrate Contractor’s experience with large diameter (24-inch and larger) water line installations. Include previous experience working on TxDOT utility relocation projects Submit past experience with projects that include Buy America provisions and documentation for reimbursable work activities. Include past projects working in narrow easements, in and adjacent to TxDOT ROW, and in coordination with various franchise utility companies Proposed Team Members In addition to Attachment B &C of Exhibit 2 - Submission Form, please provide resumes of proposed key personnel with an organizational chart outline of Construction Managers, Inspection Staff, Administration staff, etc. Include years working in their respective field along with years of service in their current role with the responding firm. Location of Offices Main location that will service City of Denton Projects. Descriptions of: Team members’ approach to resolving construction challenges and issues. Quality Control Procedures in avoiding construction challenges and issue. Any innovative concepts or alternatives developed to resolve these challenges and issues. Completion of additional documents provided: Exhibit 2-Submission Form (Attachments A-D), Conflict of Interest Questionnaire Form, and Safety Record Questionnaire Form Page 4 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 5 Submittal Instructions The City of Denton will accept electronic in Ionwave or hard copy 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 returned unopened. The City will not allow late submissions due to technical difficulties. 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. Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below: City of Denton Materials Management RFQ 7968 - Prequalification for Utility Relocation Construction Services 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 missing, lost or late mail or any mail delays, internal or external, that may result in the submission arriving after the set time. HARD COPY SUBMISSION FORMAT Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City requests the following format be used: 1. Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit responses in a binder or file folder. 2. Submission shall be no more than 200 pages in length. 3. Utilize tabs to identify exhibits and attachments. 4. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm. 5. Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the solicitation number and name. 6. The submission shall include the following: Completed Bid Invitation, including required qualification response attachments Safety Record Conflict of Interest Questionnaire Appendices may be used for additional documentation or clarification at the respondent's option USB flash drive with all submittal documents Page 5 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 6 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: Step 1: The City will evaluate the submissions in accordance with the selection criteria shown below and will rank the firms on the basis of their respective submittals. The City reserves the right to consider information obtained in addition to the data submitted in response to this RFQ. There is a maximum of 100 points available in Step One, as shown below. To be recommended by the Evaluation Committee to be on the Prequalification List, candidates must score at least 75 points, or a minimum of 3 qualified firms, and have the capacity to complete each project simultaneously. ꞏ Firm Overview FACTOR 20% ꞏ Resumes of Key Personnel Proposed for Project Type FACTOR 20% ꞏ Example Projects FACTOR 30% ꞏ Past Performance FACTOR 25% ꞏ Safety Record FACTOR 5% 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. 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 execution for the proposed services. Step 2: An Invitation For Bid (IFB) will be issued in Ionwave for specific projects or multiple projects at the City’s discretion. Sealed bids for the construction of the project will be received by the City of Denton Purchasing Office as outlined at http://dentontx.ionwave.net/CurrentSourcingEvents.aspx. The City may indicate that only firms prequalified through this RFQ to provide those services will be permitted to respond to the IFBs. Bids will then be evaluated according to the City’s current STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS. In accordance with Texas State Law, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. All submissions shall be opened in a manner that avoids disclosure of the contents to competing respondents and keeps the responses secret during negotiations. A public opening will not be conducted with this process. After the pre-qualified list 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. 7 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 8 Section 2 Business Overview Questionnaire Page 6 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 9 Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice: Failure to disclose this information during proposal submission, and later discovered, may result in contract termination at the Owner's option.) (Required: Maximum 4000 characters allowed) 1 0 Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. (Required: Maximum 4000 characters allowed) 1 1 Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Required: Maximum 4000 characters allowed) 1 2 Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 General Industry Standards and/or 29 CFR 1926 General Construction Standards as they apply to your Company customary activities? https://www.osha.gov/laws-regs/regulations/standardnumber/1926 (Required: Maximum 4000 characters allowed) Page 7 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 1 3 Resident/Non-Resident Bidder Determination Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination, please provide the name, address and phone number of: Responding firms principle place of business Company's majority owner principal place of business Ultimate Parent Company's principle place of business (Required: Maximum 4000 characters allowed) 1 4 Section 3 Minimum Qualifications 1 5 Five (5) years experience in water/wastewater infrastructure construction for a governmental entity on local, state, or federally funded projects. Yes, have 5+ yrs experience No, do not have 5yrs of required experience (Please Select) (Required: Check only one) 1 6 Registered with the State of Texas The responding individual or business must be registered in the State of Texas, or the County of Denton, to provide the products or services required in the solicitation, and the individual or business must have all licensure required by the State to provide any services required under this contact. To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the Secretary of State visit Webpage: https://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email: corpcert@sos.state.tx.us 1 7 Bonding Capacity Interested firms should have a bonding capacity in excess of $30 million, and crew capacity to complete multiple large projects simultaneously between July 2022 and May 2025. 1 8 Section 4 Terms and Conditions 1 9 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. Page 8 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 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. 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 Page 9 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 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 10 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ 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. 2 0 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) 2 1 Bid Acceptance Exceptions If you answered 'yes - with exceptions' to the above question, please list the exceptions or provide as attachment. If you answered 'yes' to the above question, please write "no exceptions". (Additional exceptions will not be allowed during the negotiation process) (Required: Maximum 4000 characters allowed) Page 11 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 2 2 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. Acknowledge (Required: Check if applicable) Page 12 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1 2 3 Certificate of Interesentd 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) 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 (Required: Check if applicable) Page 13 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ 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 14 of 14 pages Deadline: 4/26/2022 11:00 AM (CT)7968 RFQ Addendum 1