9079 Project Manual.pdf

PROJECT MANUAL

FOR

OLD NORTH LAKES SUBSTATION DEMOLITION

CSP# 9079

Gerard Hudspeth Cassey Ogden Mayor Interim City Manager

Antonio Puente Jr.

General Manager, Denton Municipal Electric

Prepared for

The City of Denton

Effective Date January 2021

City of Denton Table of Contents - CSP

00 00 00

TABLE OF CONTENTS - CSP

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised November 23, 2020 Effective January 15, 2021

SECTION 00 00 00

TABLE OF CONTENTS - CSP

Division 00 - General Conditions 00 05 16 Addenda - CSP 00 11 19 Invitation to Offerors - CSP 00 21 16 Instructions to Offerors - CSP 00 35 14 Conflict of Interest Affidavit - CSP 00 41 01 Proposal Form - CSP 00 42 44 Unit Price Proposal Form - CSP 00 43 14 Offeror’s Bond - CSP 00 43 38 Proposed Subcontractors Form - CSP 00 43 39 Vendor Compliance to State Law Nonresident Offeror - CSP 00 45 14 Safety Record Questionnaire - CSP 00 45 27 Contractor Compliance with Workers' Compensation Law - CSP 00 45 44 Corporate Resolution of Authorizing Signatories - CSP 00 52 44 Stipulated Sum Vertical Construction Contract 00 61 15 Performance Bond - CSP 00 61 16 Payment Bond - CSP 00 61 20 Maintenance Bond - CSP 00 61 26 Certificate of Insurance - CSP 00 72 00 General Conditions 00 73 01 Supplementary Conditions - CSP 00 73 74 Form 1295 – Certificate of Interested Parties - CSP

Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 29 76 Stored Materials and Equipment (Materials On Hand) 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents

END OF SECTION

00 05 16

ADDENDA - CSP

Revised November 23, 2020 Effective January 15, 2021

SECTION 00 05 16 1

ADDENDA - CSP 2

END OF SECTION 22

00 11 19

INVITATION TO OFFERORS

Revised November 23, 2020 Effective January 15, 2021

SECTION 00 11 19 1

INVITATION TO OFFERORS 2

COMPETITIVE SEALED PROPOSAL 3

RECEIPT OF PROPOSALS 5

Sealed proposals for Old North Lakes Substation Demolition will be received by the City of 6 Denton Purchasing Office as outlined at 7 http://dentontx.ionwave.net/CurrentSourcingEvents.aspx. 8

GENERAL DESCRIPTION OF WORK 10

The major work will consist of the (approximate) following: Demolition of building, foundations, 11 asphalt and concrete pavement, miscellaneous above ground structures and equipment, and utility 12 services of retired substation. 13

COMPETITIVE SEALED PROPOSAL 15

Submission requirements for the competitive sealed proposals shall be found in the Instructions to 16 Offerors. 17

DOCUMENT EXAMINATION AND PROCUREMENTS 19

The Proposal and Contract Documents may be examined or obtained on-line by visiting the City 20 of Denton’s Purchasing Division website at http://dentontx.ionwave.net. The Contract Documents 21 may be downloaded, viewed, and printed by interested contractors and/or suppliers. The 22 contractor is required to fill out the Certificate of Interested Parties Form 1295 and the 23 form must be submitted to the Project Manager before the contract will be presented to the 24 City Council. The form can be obtained at https://www.ethics.state.tx.us/tec/1295-Info.htm . 25

PRE-PROPOSAL CONFERENCE 27

A pre-proposal conference will be held as described in Section 00 21 16 - INSTRUCTIONS TO 28 OFFERORS at the location, date, and time outlined in the City’s solicitation website. To view 29 pre-proposal invitation log-in to your account at http://dentontx.ionwave.net, and click the 30 ‘Activities’ tab of this solicitation. 31

PRE-PROPOSAL WALKTHROUGH 33

After the pre-proposal conference, interested parties may reconvene at North Lakes Substation, 34 the Old North Lakes Substation is located at the Northeast corner of N. Bonnie Brae St. and Riney Road., 35 immediately thereafter for a walkthrough of the project site. 36

CITY'S RIGHT TO ACCEPT OR REJECT PROPOSALS 38

City reserves the right to waive irregularities and to accept or reject proposals. 39

INQUIRIES 41

All inquiries relative to this procurement should be addressed in the City’s solicitations website. 42 To submit and view questions log-in to your account at http://dentontx.ionwave.net, and click the 43 ‘Questions’ tab of this solicitation. 44

END OF SECTION 46

http://dentontx.ionwave.net/CurrentSourcingEvents.aspx http://dentontx.ionwave.net/ https://www.ethics.state.tx.us/tec/1295-Info.htm http://dentontx.ionwave.net/

00 21 16

INSTRUCTIONS TO OFFERORS

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

SECTION 00 21 16 1

INSTRUCTIONS TO OFFERORS 2

1. Defined Terms 4

1.1. Terms used in these INSTRUCTIONS TO OFFERORS, which are defined in Section 00 6

72 00 - GENERAL CONDITIONS. 7

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

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

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

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

1.2.4. Purchasing Agent: City designated representative to assist in solicitation of 25 proposals from vendors for City contracts. 26

2. Copies of Proposal Documents 28

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

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

3. Examination of Proposal and Contract Documents, Other Related Data, and Site 38

3.1. Before submitting a Proposal, each Offeror shall: 40

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

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

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

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

3.1.4. INTENTINONALLY OMITTED 9

3.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 11 contiguous to the Site and all drawings of physical conditions relating to existing 12 surface or subsurface structures at the Site (except Underground Facilities) that 13 have been identified in the Contract Documents as containing reliable "technical 14 data" and (ii) reports and drawings of hazardous materials and substances, if any, at 15 the Site that have been identified in the Contract Documents as containing reliable 16 "technical data." 17

3.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 19 the information which the City will furnish. All additional information and data 20 which the City will supply after promulgation of the formal Contract Documents 21 shall be issued in the form of written addenda and shall become part of the Contract 22 Documents just as though such addenda were actually written into the original 23 Contract Documents. No information given by the City other than that contained in 24 the Contract Documents and officially promulgated addenda thereto, shall be 25 binding upon the City. 26

3.1.7. Perform independent research, investigations, tests, borings, and such other means 28 as may be necessary to gain a complete knowledge of the conditions which will be 29 encountered during the construction of the project. On request, City may provide 30 each Offeror access to the site to conduct such examinations, investigations, 31 explorations, tests and studies as each Offeror deems necessary for submission of a 32 Proposal. Offeror must fill all holes and clean up and restore the site to its former 33 conditions upon completion of such explorations, investigations, tests and studies. 34

3.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 36 cost of doing the Work, time required for its completion, and obtain all information 37 required to make a proposal. Offerors shall rely exclusively and solely upon their 38 own estimates, investigation, research, tests, explorations, and other data which are 39 necessary for full and complete information upon which the proposal is to be based. 40 It is understood that the submission of a proposal is prima-facie evidence that the 41 Offeror has made the investigation, examinations and tests herein required. Claims 42 for additional compensation due to variations between conditions actually 43 encountered in construction and as indicated in the Contract Documents will not be 44 allowed. 45

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

3.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 1 between the Contract Documents and such other related documents. The Contractor 2 shall not take advantage of any gross error or omission in the Contract Documents, 3 and the City shall be permitted to make such corrections or interpretations as may 4 be deemed necessary for fulfillment of the intent of the Contract Documents. 5

3.2. Reference is made to Section 00 73 01 – Supplementary Conditions for identification of: 7

3.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 9 the site which have been utilized by City in preparation of the Contract Documents. 10 The logs of soil borings, if any, on the plans are for general information only. 11 Neither the City nor the Design Professional guarantee that the data shown is 12 representative of conditions which actually exist. 13

3.2.2. those drawings of physical conditions in or relating to existing surface and 15 subsurface structures (except Underground Facilities) which are at or contiguous to 16 the site that have been utilized by City in preparation of the Contract Documents. 17

3.2.3. copies of such reports and drawings will be made available by City to any Offeror 19 on request. Those reports and drawings may not be part of the Contract 20 Documents, but the "technical data" contained therein upon which Offeror is 21 entitled to rely as provided in Paragraph 1.2.a.7. of the General Conditions has been 22 identified and established in Paragraph SC 3.01 of the Supplementary Conditions. 23 Offeror is responsible for any interpretation or conclusion drawn from any 24 "technical data" or any other data, interpretations, opinions or information. 25

3.3. The submission of a Proposal will constitute an incontrovertible representation by 27 Offeror (i) that Offeror has complied with every requirement of this Paragraph 3, (ii) that 28 without exception the Proposal is premised upon performing and furnishing the Work 29 required by the Contract Documents and applying the specific means, methods, 30 techniques, sequences or procedures of construction (if any) that may be shown or 31 indicated or expressly required by the Contract Documents, (iii) that Offeror has given 32 City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract 33 Documents and the written resolutions thereof by City are acceptable to Offeror, and 34 when said conflicts, etc., have not been resolved through the interpretations by City as 35 described in Paragraph 5, and (iv) that the Contract Documents are generally sufficient 36 to indicate and convey understanding of all terms and conditions for performing and 37 furnishing the Work. 38

3.4. The provisions of this Paragraph 3, inclusive, do not apply to Asbestos, Polychlorinated 40 biphenyls (PCBs), Petroleum, Hazardous Waste or radioactive material covered by 41 Paragraph 10.3 of the General Conditions, unless specifically identified in the Contract 42 Documents. 43

3.5. The Offeror acknowledges and agrees to comply with the requirements of City Ethics 45 Ordinance No. 23-1165. 46

4. Availability of Lands for Work, Etc. 48

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

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

4.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 10 in Paragraph SC 2.01 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

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

5. Interpretations and Addenda 21

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

Address questions for this solicitation’s IONWAVE page to the ‘Questions’ tab 33 (dentontx.ionwave.net). 34

5.2. Addenda may also be issued to modify the Proposal Documents as deemed advisable by 36 City. 37

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

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 http://dentontx.ionwave.net/

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

6. Proposal Security 1

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

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

7. Contract Times 17

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

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

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

8. Incentives and Disincentives 30

8.1. Provisions for Incentives (if applicable) and Disincentives are set forth in Section 4.6 of 32 the Agreement. 33

9. Liquidated Damages 35

9.1. Provisions for liquidated damages are set forth in the Agreement. 37

10. Substitute and "Or-Equal" Items 40

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

10.1. The Agreement, if awarded, will be on the basis of materials and equipment 1 described in the Proposal Documents without consideration of possible substitute or 2 "or-equal" items. Whenever it is indicated or specified in the Proposal Documents 3 that a "substitute" or "or-equal" item of material or equipment may be furnished or 4 used by Contractor if acceptable to City, application for such acceptance will not be 5 considered by City until after the Effective Date of the Agreement. The procedure 6 for submission of any such application by Contractor and consideration by City is set 7 forth in Paragraphs 1.1.m of the General Conditions and is supplemented in Section 8 01 25 00 of the General Requirements. 9

11. Subcontractors, Suppliers and Others 11

11.1. No Contractor shall be required to employ any Subcontractor, supplier, other person 13 or organization against whom Contractor has reasonable objection. 14

12. Submittal Requirements 16

12.1. Online submissions via the City’s Ionwave site are preferred, however hard-copy 18 submittals may be accepted. If hard copy submittals are allowed, requirements shall 19 be as outlined on this solicitation’s link at http://dentontx.ionwave.net. 20

12.2. In addition to completing all required sections of the Proposal Documents, the 21 Offeror shall provide documentation demonstrating the Offeror’s qualifications and 22 experience. This documentation shall be included with the Offeror’s Ionwave 23 submissions, or hard-copy sealed proposal package. The Offeror shall address each of 24 the following items in the same order in which they are set forth below. Qualification 25 and experience documentation shall be submitted on letter-size (8-1/2” x 11”) PDF or 26 paper. The qualifications and experience data provided shall include, but may not be 27 limited to the following: 28

12.2.1. Proposal Form – Provide the information as required in Sections 00 41 01 – 30 Proposal Form, and 00 42 44 – Unit Price Proposal Form, to establish: 31

12.2.1.1. Offeror’s General Information 33

12.2.1.2. Proposal Price 34

12.2.2. Offeror’s Past Experience Form - Quality, Reputation, and Ability to 36

Complete Similar Projects on Schedule and Within Budget: The Offeror shall 37 demonstrate experience in delivering similar work as expressed in the Proposal 38 Documents on schedule and within budget. Submit details of three (3) similar 39 projects completed within the last ten (10) years. The Offeror shall provide the 40 completed form found attached in Ionwave and include the following items for each 41 project submitted: 42

12.2.2.1. Project Name 44

12.2.2.2. Owner Name 45

12.2.2.3. Project Owner Contact Name, Phone Number, and Email Address 46

12.2.2.4. Contract Time and Actual Completion Time 47

12.2.2.5. Original Contract Cost and Final Contract Cost 48

12.2.2.6. Detailed Project Description. 49

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

12.2.2.7. The Offeror should present projects that demonstrate experience in the 1 following categories: 2 Demolition 4 Site Restoration 5

12.2.3. Offeror’s Key Personnel Resume Form: The Offeror shall include an 7 organizational chart (maximum of 1 page) with the completed form found attached 8 in Ionwave for key team members that will be assigned to the Project. The Offeror 9 should, at a minimum, provide personnel experience for the Project Manager, 10 Superintendent, Safety Manager, Scheduler, Manager in charge of Submittals and 11 Requests for Information and the Foreman/Foremen. The Key Personnel Resume 12 Form should include the following information: 13

12.2.3.1. Name and Job Title 15

12.2.3.2. Role and Responsibility 16

12.2.3.3. Total number of years of experience and total number of years with 17 current firm. 18

12.2.3.4. Licenses and Certifications. 19

12.2.3.5. Project Role and Responsibilities. 20

12.2.3.6. Relevant experience for the categories listed in 13.1.2.7, specifically 21 within the last 5 years. Identify if projects were completed with current 22 firm or previous firm. 23

12.2.3.7. List of other active projects Key Personnel will be assigned to for the 24 duration of this project and include percentage of time allocated for each. 25

12.2.4. 26

12.2.5. Detailed Schedule and Written Plan to Achieve Substantial Completion and 27

Final Acceptance within the Contract Time: The Offeror shall demonstrate 28 means and methods to achieve Substantial Completion and Final Acceptance within 29 the Contract Time. The Offeror shall include the following: 30

12.2.5.1. Baseline Schedule – The Offeror shall submit a detailed Baseline 32

Schedule in accordance with Section 01 32 16. The schedule should 33 provide a preliminary phasing plan for the project and demonstrate the 34 Offeror’s ability to complete the Project within the Contract Time. The 35 Plan should clearly identify the Critical Path Items and the Plan to keep 36 the project on schedule. The Plan should include, but not be limited to: 37

12.2.5.1.1. Critical Path and Preliminary Phasing Plan 39

12.2.5.1.2. Project Specific Tasks: 40

Building/fence removal 41 Site restoration 42

12.2.5.1.3. Equipment and material delivery: 43

Mobilization/Demobilization 44

12.2.5.1.4. Hours of Operation 45

12.2.5.1.5. Offeror’s Resources to reach Substantial Completion, including 46 the number of shifts or crews working in parallel. 47

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

12.2.6. Offeror’s Safety Record: The Offeror shall provide responses and any 1 supporting documentation necessary for the Owner to evaluate the safety record for 2 the Offeror and proposed Subcontractors. The response shall include, but may not 3 be limited to the following: 4

12.2.6.1. Documentation of any complaints to, or final orders entered by, the 6 Occupational Safety and Health Review Commission (OSHRC) against 7 the Offeror or a proposed Subcontractor for violation(s) of OSHA 8 regulations within the last five (5) years. 9

12.2.6.2. Documentation of any citations received by the Offeror or a proposed 10 Subcontractor from any federal, state, or local environmental protection 11 enforcement agency. 12

12.2.6.3. Provide records showing Total Recordable Incident Rate (TRIR) for each 13 year for the last five (5) years for the Offeror and each proposed 14 Subcontractor. 15

12.2.6.4. Provide records documenting the Experience Modification Rate (EMR) 16 for the last five (5) years for the Offeror and each proposed 17 Subcontractor. 18

12.2.6.5. List any fatalities in the safety history for the last ten (10) years for the 19 Offeror and each proposed Subcontractor. 20

12.2.6.6. Section 00 45 14 – Safety Record Questionnaire. 21

12.3. In addition to the information provided above the Offeror shall submit the following 23 forms as part of the Proposal: 24

12.3.1. Section 00 35 14 – Conflict of Interest Affidavit – CSP 26

12.3.2. Section 00 41 01 – Proposal Form – CSP 27

12.3.3. Section 00 42 44 – Unit Price Proposal Form – CSP 28

12.3.4. Section 00 43 14 – Offeror’s Bond – CSP 29

12.3.5. Section 00 43 38 – Proposed Subcontractors Form – CSP 30

12.3.6. Section 00 43 39 – Vendor Compliance to State Law Non-Resident Offeror – 31

CSP 32

12.3.7. Section 00 45 14 – Safety Record Questionnaire – CSP 33

12.3.8. Section 00 45 27 – Contractors Compliance with Workers Compensation Law – 34

CSP 35

12.3.9. Section 00 45 44 – Corporate Resolution of Authorized Signatories – CSP 36

13. Proposal Form 38

13.1. The Proposal Form is included with the Proposal Documents; additional copies may 40 be obtained from the City. 41

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

13.2. All blanks on the Proposal Form must be completed and the Proposal Form signed. 1 Erasures or alterations shall be initialed by the person signing the Proposal Form. A 2 Proposal price shall be indicated for each proposed item, alternative, and unit price 3 item listed therein. In the case of optional alternatives, the words "No Proposal," "No 4 Change," or "Not Applicable" may be entered. Offeror shall state the prices, in both 5 words and numerals, for which the Offeror proposes to do the work contemplated or 6 furnish materials required. If handwritten, all prices shall be written legibly. In case 7 of discrepancy between price in written/typed words and the price in written/typed 8 numerals, the price in written/typed words shall govern. 9

13.3. Proposals by corporations shall be executed in the corporate name by the president or 11 a vice-president or other corporate officer accompanied by evidence of authority to 12 sign, as provided herein, Section 00 45 44 – Corporate Resolution of Authorized 13 Signatories – CSP. The corporate address and state of incorporation shall be shown 14 below the signature. 15

13.4. Proposals by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20

13.5. Proposals by limited liability companies shall be executed in the name of the firm by 22 a member and accompanied by evidence of authority to sign. The state of formation 23 of the firm and the official address of the firm shall be shown. 24

13.6. Proposals by individuals shall show the Offeror's name and official address. 26

13.7. Proposals by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Proposal Form. The official address of the joint venture shall be 29 shown. 30

13.8. All names shall be typed below the signature. 32

13.9. The Proposal shall contain an acknowledgement of receipt of all Addenda, the 34 numbers of which shall be filled in on the Proposal Form. 35

13.10. Postal and e-mail addresses and telephone number for communications regarding the 37 Proposal shall be shown. 38

13.11. Evidence of authority to conduct business as a Nonresident Offeror in the state of 40 Texas shall be provided in accordance with Section 00 43 39 – Vendor Compliance 41 to State Law Non Resident Offeror. 42

14. Submission of Proposals 44

14.1. Proposals may be submitted electronically or by hard copy. Electronic submittals 46 must be submitted using this solicitation’s page in http://dentontx.ionwave.net. 47 Electronic submittals will not be accepted via email. 48

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

14.2. Original hard copies of Offeror’s bonds shall be submitted for both electronic and 1 hard copy submissions. Bonds must be submitted in a sealed envelope before the due 2 date and time as indicated in Section 00 11 19 – Invitation to Offerors. 3

14.3. Proposals shall be submitted on the prescribed Proposal Form, provided with the 5

Proposal Documents, at the time and place indicated in the Advertisement or 6

INVITATION TO OFFERORS. 7

14.4. Hard copy submittals shall be enclosed in an opaque sealed envelope, marked with 9 the Proposal Number, Project title, the name and address of Offeror, and 10 accompanied by the Proposal security and other required documents, as indicated in 11 Section 00 41 01 – Proposal Form. If the Proposal is sent through the mail or other 12 delivery system, the sealed envelope shall be enclosed in a separate envelope with the 13 notation "PROPOSAL ENCLOSED" on the face of it. 14

14.5. Hard copy submissions shall also include a flash drive, containing a complete copy of 16 the response 17

14.6. Address Hard copy submissions as follows: 19

City of Denton 21 901-B Texas Street 22 Denton, TX 76209 23 Attn: Materials Management/Purchasing Division, 9079 OLD NORTH LAKES 24

SUBSTATION DEMOLITION 25

15. Modification and Withdrawal of Proposals 27

15.1. Proposals addressed to the Purchasing Agent and filed with the Purchasing Division 29 of City may be withdrawn prior to the time set for Proposal opening. A request for 30 withdrawal must be made in writing by an appropriate document duly executed in the 31 manner that a Proposal must be executed and delivered to the place where Proposals 32 are to be submitted at any time prior to the opening of Proposals. After all Proposals 33 not requested for withdrawal are opened and publicly read aloud, the Proposals for 34 which a withdrawal request has been properly filed may, at the option of the City, be 35 returned unopened. 36

15.2. Offerors may modify their Proposal by electronic communication at any time prior to 38 the time set for the closing of Proposal receipt. 39

16. Opening of Proposals 41

16.1. Proposals will be opened, and the name of each Offeror will be read aloud publicly at 43 the place where Proposals are to be submitted. The proposed price will be read 44 aloud. An abstract of the amounts of the base price proposals and major alternates (if 45 any) will be made available to Offerors only after Proposals have been evaluated in 46 accordance with this Section. 47

17. Proposals to Remain Subject to Acceptance 49

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

17.1. All Proposals will remain subject to acceptance for the time period specified for 1 Notice of Award and execution and delivery of a complete Agreement by Successful 2 Offeror. City may, at City's sole discretion, release any Proposal and nullify the 3 Proposal security prior to that date. 4

18. Rejection of Proposals 6

18.1. The City reserves the right to reject any or all Proposals, including without limitation 8 the rights to reject any or all nonconforming, nonresponsive, unbalanced, or 9 conditional Proposals and to reject the Proposal of any Offeror if City believes that it 10 would not be in the best interest of the Project to make an award to that Offeror, 11 whether because the Proposal is not responsive or the Offeror is unqualified or of 12 doubtful financial ability or fails to meet any other pertinent standard or criteria 13 established by City. 14

19. Disqualification of Proposals 16

19.1. The City reserves the right to waive informalities in a Proposal not involving price. 18 Discrepancies between the multiplication of units of Work and unit prices will be 19 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 20 column of figures and the correct sum thereof will be resolved in favor of the correct 21 sum. Discrepancies between words and figures will be resolved in favor of the 22 words. 23

19.2. Any of the following shall be cause to disqualify a Proposal: 25

19.2.1. The Proposal is not signed by a person empowered to bind the Offeror. 27

19.2.2. The Proposal is not accompanied by an acceptable Offeror’s Bond, with Power 28 of Attorney attached. 29

19.2.3. The Proposal is submitted by an Offeror that has submitted more than one 30

Proposal. 31

19.2.4. There is evidence of collusion between the Offeror submitting the Proposal and 32 one or more other Offerors. 33

19.2.5. The Offeror did not attend or have an authorized agent attend a mandatory Pre-34

Proposal Conference, if applicable. 35

19.2.6. The Offeror is under debarment or suspension by the Owner. 36

19.2.7. The Offeror or a principal of the Offeror is currently debarred or suspended by a 37

Federal, State or local governmental agency. (Applicable for Proposal amounts 38 equal to or in excess of $25,000.00) 39

19.2.8. The Offeror is an interested party to any litigation against City, or City or Offeror 40 may have a claim against the other or be engaged in litigation, or Offeror is in 41 arrears on any existing contract or has defaulted on a previous contract. 42

19.2.9. The Offeror has performed a prior contract in an unsatisfactory manner. 43

19.2.10. The Offeror has uncompleted work which in the judgement of the City will 44 prevent or hinder the prompt completion of additional work if awarded. 45

19.2.11. Incompleteness or an omission, alteration of form, or addition, or the inclusion of 46 a qualification or condition not called for or authorized in the Proposal 47 Documents. 48

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

19.2.12. Ambiguity or lack of clarity in a Proposal, in which case the City reserves the 1 right to interpret the Proposal in the most advantageous manner for the City, or to 2 reject the Proposal. 3

19.2.13. Failure to acknowledge receipt of Addenda. 4

19.2.14. Failure to identify a dollar amount for one or more unit prices required to be 5 provided in the Unit Price Proposal Form. 6

19.2.15. Failure to submit post-Proposal information within the allotted time(s). 7

19.2.16. Failure to timely execute and deliver the Contract to the City after award. 8

20. Evaluation of Proposals 10

20.1. Proposals will be evaluated by a selection team from the relevant City Departments. 12

The selection team will score the received Proposals based on the evaluation criteria 13 below to determine the Offeror that provides the best value. 14

20.1.1. In evaluating a Proposal from a Nonresident Offeror, Proposal Prices and/or 16 evaluation scores will be adjusted to the extent practicable to offset the 17 advantage, if any, the Nonresident Offeror would have over a Texas-resident 18 offeror in the Nonresident Offeror’s state. 19

20.2. The City will process and evaluate the received Proposals expeditiously, based on the 21 evaluation criteria below to determine the Offeror that provides the best value for the 22 City. The City will not be liable to any Offeror, however, for any delays in 23 connection with the evaluation, award or execution of the Contract. 24

20.3. Evaluation shall be based of the highest scoring of the Proposals with a maximum 26 score of 100 points apportioned as follows: 27

Evaluation Criteria Points Requirements Proposal Price 60 12.1.1 & 20.4.1 Probable Performance, Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget

20 12.1.2 & 20.4.2

Detailed Schedule, Phasing Plan, and Written Plan to achieve Substantial and Final Acceptance within the Contract Time

15 12.2.4 & 20.4.4

Offeror’s Safety Record 5 12.1.5 & 20.4.5 Maximum Score: 100

20.4. Evaluation criteria will be as follows: 30

20.4.1. Proposal Price (60 Points): Points for Proposal Price shall be based on prices 32 submitted by Offerors. The lowest responsible Offeror’s Proposal Price receive 33 the highest score in this category. All other Offeror’s Proposal Prices will receive 34 decreasing points in order of increasing Proposal Price. 35

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

20.4.2. Probably Performance, Quality, Reputation, and Ability to Complete 1 Similar Projects on Schedule and Within Budget (20 Points): Points will be 2 awarded based on the Offeror’s experience relevant to this Project, the reputation 3 of the Offeror in performance of similar past projects, and overall reputation and 4 experience of the Offeror. The City will evaluate the projects submitted in 5 accordance with the Submittal Requirements Paragraph, to determine relevancy 6 to the specified scope of this Project and review the Offeror’s performance on the 7 submitted projects. The City may contact the references provided by the Offeror, 8 as well as any other additional references, as may be necessary to verify the 9 qualifications, experience, and reputation of the Offeror. 10

20.4.3. Detailed Schedule and Written Plan to achieve Substantial Completion and 13 Final Acceptance within the Contract Time (15 Points): The schedule and plan 14 should clearly show the Critical Path and Preliminary Phasing, and the means and 15 methods the Offeror will use to achieve Substantial Completion and Final 16 Acceptance within the Contract Time. Scoring will be based on the Offeror’s 17 ability to communicate the plan and schedule. 18

20.4.4. Offeror’s Safety Record (5 Points): The Owner will award points based on 20 evaluation of the safety documentation provided by the Offeror as required in the 21 Submittal Requirements Paragraph. Safety documentation for the Offeror and 22 Subcontractors will be evaluated and considered in awarding points for this item. 23

20.5. In the event of a tie in the total summation of Points for the best value, the lowest 25

Proposal Price will break the tie and determine the Successful Offeror. 26

20.6. City may consider the qualifications and experience of Subcontractors, suppliers, and 28 other persons and organizations proposed for those portions of the Work as to which 29 the identity of Subcontractors, suppliers, and other persons and organizations must be 30 submitted as provided in the Contract Documents or upon the request of the City. 31 City also may consider the operating costs, maintenance requirements, performance 32 data and guarantees of major items of materials and equipment proposed for 33 incorporation in the Work when such data is required to be submitted prior to the 34 Notice of Award. 35

20.7. City may conduct such investigations as City deems necessary to assist in the 37 evaluation of any Proposal and to establish the responsibility, qualifications, and 38 financial ability of Offerors, proposed Subcontractors, Suppliers and other persons 39 and organizations to perform and furnish the Work in accordance with the Contract 40 Documents to City's satisfaction within the prescribed time. 41

20.8. Contractor shall perform with his own organization, work of a minimum value as 43 outlined in Section 00 43 38 – Proposed Subcontractors Form – CSP, unless 44 otherwise approved by the City. Contractor shall complete and submit Section 00 43 45 38 – Proposed Subcontractors Form – CSP. 46

21. Award of Contract 49

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 8, 2024 Effective January 8, 2024

21.1. If the Contract is to be awarded, it will be awarded to the responsible Offeror whose 1 proposed the lowest price for the City. 2

21.2. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 4 contract to a Nonresident Offeror unless the Nonresident Offeror’s Proposal is lower 5 than the lowest Proposal submitted by a responsible Texas Offeror by the same 6 amount that a Texas resident Offeror would be required to underbid a Nonresident 7 Offeror to obtain a comparable contract in the state in which the nonresident’s 8 principal place of business is located. 9

21.3. A contract is not awarded until formal City Council authorization. If the Contract is 11 to be awarded, City will award the Contract within 120 days after the day of the 12 Proposal opening unless extended in writing. No other act of City or others will 13 constitute acceptance of a Proposal. Upon the contractor award a Notice of Award 14 will be issued by the City. 15

21.4. Failure or refusal to comply with the requirements may result in rejection of 17 Proposal. 18

21.5. Contractor is required to fill out the Certificate of Interested Parties Form 1295 and 20 the form must be submitted to the Purchasing Agent before the contract will be 21 presented to the City Council. The form can be obtained at 22 https://www.ethics.state.tx.us/tec/1295-Info.htm. 23

21.6. Additional approvals could be required if outside funding is used. 25

22. Signing of Agreement 27

22.1. When City issues a Notice of Award to the Successful Offeror, it will be 29 accompanied by the required number of unsigned counterparts of the Agreement. 30 Within 14 days thereafter Contractor shall sign and deliver the required number of 31 counterparts of the Agreement to City with the required Bonds, Certificates of 32 Insurance, and all other required documentation. City shall thereafter deliver one 33 fully signed counterpart to Contractor. 34

END OF SECTION 36

https://www.ethics.state.tx.us/tec/1295-Info.htm

00 35 14

CONFLICT OF INTEREST AFFIDAVIT - CSP

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised November 23, 2020 Effective January 15, 2021

SECTION 00 35 14 1

CONFLICT OF INTEREST AFFIDAVIT - CSP 2

END OF SECTION 3

CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ

For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire.

(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information in this section is being disclosed.

Name of Officer

This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity?

Yes No

C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more?

Yes No

D. Describe each employment or business and family relationship with the local government officer named in this section.

I have no Conflict of Interest to disclose.

Signature of vendor doing business with the governmental entity Date

00 41 01

PROPOSAL FORM - CSP

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 5, 2022 Effective January 5, 2022

SECTION 00 41 01 1

PROPOSAL FORM - CSP 2

TO: City of Denton 4 c/o: Purchasing Division 5 901-B Texas Street 6

Denton, Texas 76209 7 FOR: Old North Lakes Substation Demolition 9 1 Enter into Agreement 11 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an 13 Agreement with City in the form included in the Proposal Documents to perform and furnish all 14 Work as specified or indicated in the Contract Documents for the Unit Price Proposal and within 15 the Contract Time indicated in this Proposal and in accordance with the other terms and 16 conditions of the Contract Documents. 17 2 OFFEROR Acknowledgements and Certification 19

2.1 In submitting this Proposal, Offeror accepts all of the terms and conditions of the 21

INVITATION TO OFFORERS and INSTRUCTIONS TO OFFORERS, including without 22 limitation those dealing with the disposition of Offeror’s Bond. 23

2.2 Offeror is aware of all costs to provide the required insurance, will do so pending contract 24 award, and will provide a valid insurance certificate meeting all requirements within 14 25 days of notification of award. 26

2.3 Offeror certifies that this Proposal is genuine and not made in the interest of or on behalf of 27 any undisclosed individual or entity and is not submitted in conformity with any collusive 28 agreement or rules of any group, association, organization, or corporation. 29

2.4 Offeror has not directly or indirectly induced or solicited any other Offeror to submit a 30 false or sham Proposal. 31

2.5 Offeror has not solicited or induced any individual or entity to refrain from proposing. 32

2.6 Offeror has not engaged in corrupt, fraudulent, collusive, or coercive practices in 33 competing for the Agreement. For the purposes of this Paragraph: 34

a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything 35 of value likely to influence the action of a public official in the proposal process. 36

b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to 38 influence the proposal process to the detriment of City (b) to establish proposal 39 prices at artificial non-competitive levels, or (c) to deprive City of the benefits of 40 free and open competition. 41

c. "collusive practice" means a scheme or arrangement between two or more 43

Offerors, with or without the knowledge of City, a purpose of which is to 44 establish proposal prices at artificial, non-competitive levels. 45

d. "coercive practice" means harming or threatening to harm, directly or indirectly, 47 persons or their property to influence their participation in the proposal process 48 or affect the execution of the Contract. 49

CITY OF DENTON 9079

STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS

Revised January 5, 2022 Effective January 5, 2022

2.7 The Offeror acknowledges and agrees to comply with the requirements of City Ethics 2

Ordinance No. 23-1165. 3 3 Time of Completion 5

3.1 The Work will be Substantially Complete as defined in the General Conditions within 180 7

Days after the date when the Contract Time commences to run, which is the day indicated 8 in the Notice to Proceed, plus any extension thereof allowed in accordance with Article 11 9 of the General Conditions. 10

3.2 The Work will be complete for Final Acceptance within 365 Days after the date when the 11 Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus 12 any extension thereof allowed in accordance with Article 8 of the General Conditions. 13

3.3 Offeror accepts the provisions of the Agreement as to Liquidated Damages in the event of 14 failure to obtain Milestones (if applicable), Substantial Completion, and Final Acceptance 15 within the times specified in the Agreement. 16

4 Attached to this Proposal 18

4.1 The following documents are attached to and made a part of this Proposal: 20

a. Section 00 35 14 – Conflict of Interest Affidavit – CSP 21

b. Section 00 41 01 – This Proposal Form – CSP 22

c. Section 00 42 44 – Unit Price Proposal Form – CSP – Excel Electronic Copy 23

(either included in the hard copy Proposal, or submitted via Ionwave) 24

d. Section 00 43 14 – Required Offeror’s Bond – CSP, issued by a surety meeting the 25 requirements of Paragraph 11.4 of the General Conditions. 26

e. Section 00 43 38 – Proposed Subcontractors Form – CSP 27

f. Section 00…