EGBA - IFB 2019-0012 - Twin Mountain Replacement (1 of 4).pdf

Completion of this form is required and must be returned along with Bid response.

IFB SIGNATURE PAGE

IFB #: IFB1 EGBA 201 TITLE: IFB Twin Tower

SUBMIT INQUIRIES & SEALED BIDS TO:

Governor’s Office of Information Technology (OIT)

Procurement and Vendor Services 601 East 18th Avenue, Suite 150

Denver, CO 80203

Robert Wilson

303-764-7930

Robert.Wilson@state.co.us (Submittal of inquiries/questions only; bids must be sealed and delivered prior to due date and time.)

Submit one (1) original, (2) hard copies and (1) digital copy on a USB thumb drive

VENDOR CONTACT INFORMATION

COMPANY NAME: CONTACT:

STREET ADDRESS: PHONE:

CITY/STATE/ZIP: E-MAIL:

FEIN & VSS VENDOR

VSS REGISTRATION CURRENT? YES or NO

VENDOR AUTHORIZED SIGNATURE*

(*By signing, the individuals is attesting that they are authorized to bind the company to the bid submitted)

AUTHORIZED

SIGNATURE: DATE:

PRINTED

NAME: TITLE:

Completion of this form is required and must be returned along with Bid response.

GOVERNOR’S OFFICE OF INFORMATION TECHNOLOGY (OIT)

INVITATION FOR BID #: IFB1 EGBA

i

Table of Contents Signature Page

Table of Contents i

Section 1: General Requirements 1

Section 2: Overview, Scope, Term and Number of Awards 6

Section 3: Requirements 7

Section 4: Vendor Response Format 11

Section 5: Evaluation and Award 12

Attachments & Appendices

Attachment A State Bid Form

Attachment A1 Bid Bond

Attachment B Construction Documents

Attachment B1

Geotechnical Report

Section 1: General Requirements

Except as modified or supplemented in this solicitation, the following provisions supplement the State of Colorado Solicitation Instructions/Terms and Conditions.

1.1 Solicitation/Bidding System and Registration

The State of Colorado transitioned to a new financial management system called the Colorado Operations Resource Engine (CORE) in July 2014. Because of this transition, solicitations (including construction and design notices) for the Colorado Governor’s Office of Information Technology (OIT) are posted on ColoradoVSS (www.colorado.gov/vss).

Solicitation details for goods and services, as well as construction and design notices on ColoradoVSS are public and do not require registration. To ensure responses are fully considered, suppliers need to register on VSS (see Section 1, 1.5, Limited Competition). Once registered, suppliers are able to receive notifications in categories of interest and there is no cost to register. VSS registration information is located at: www.Colorado.gov/vss.

1.2 Vendor Agreement

OIT is seeking bids in accordance with the following specifications, terms and conditions of this solicitation. All Vendor(s), by submitting a bid, guarantee to the State that they understand and agree to the terms and conditions of this solicitation and that they will not default from performance by virtue of a mistake or misunderstanding.

Vendor(s) shall seek clarification from the State of any specifications, terms and/or conditions, which they determine to be unclear. The failure of a Vendor(s) to seek clarification may be deemed a waiver of any such clarification.

1.3 Awarded Vendor Requirements

All awarded Vendor is required to include their Federal Employers Identification Number (FEIN) prior to payment.

If not applicable, and doing business as a private party, please provide Social Security Number. Awarded Vendor(s) shall be registered with ColoradoVSS. The awarded Vendor(s) shall be authorized to distribute the product for which they are bidding.

1.4 Bid Submission and Proprietary/Confidential Information

Even though this bid is posted on the State’s VSS system, electronic responses are not allowed. Therefore, it is requested that all Vendor(s) submit one (1) original, (2) hard copies and (1) digital copy on a USB thumb drive;

one of these must include an original signature. All bid responses shall be submitted in a sealed package.

The bid number, opening date, and opening time should be noted on the outside of the bid response envelope.

If the bid package is too large to be returned in a bid envelope, a bid envelope should be affixed to the outside of the sealed bid package.

Sealed bids will be accepted until the Bid Submission Deadline as indicated on the Colorado VSS website/solicitation page applicable to this solicitation, at the Governor’s Office of Information Technology (OIT), 601 East 18th Avenue, Suite 150, Denver, CO, 80203, and at that time publicly opened. Only the name(s) of the Vendor(s) will be read at the public opening.

Proprietary/confidential information must be clearly marked as such. Documents should be double sided on recycled paper, and easy to copy/scan (no bound material, minimize use of tabs and clips, etc.). Paper should be white or extremely light paper and no dark backgrounds. Enhance images for pages with a poor image quality.

The original hard copy in all cases is the official record.

1.5 Limited Competition

Only bids from the (3) three pre-qualified tower vendors (selected in RFP 2018000010) will be opened during this solicitation.

1.6 Electronic Copy

Vendor(s) are requested to provide an additional electronic copy of their response including necessary brochures, catalogs, attachments and other items on a USB thumb drive in a universally accepted format such as Adobe (.pdf) or Microsoft Office in addition to the required hard copy to facilitate processing.

Proprietary/confidential information must be submitted on a separate drive and be clearly marked as such.

Documents should be double sided on recycled paper, and easy to copy/scan (no bound material, minimize use of tabs and clips, etc.). Paper should be white or extremely light paper and no dark backgrounds. Enhance images for pages with a poor image quality. The original hard copy in all cases is the official record.

1.7 Inquiries

Not applicable to this solicitation.

1.8 Bid Modifications

Should OIT issue any modifications to this bid, they will be posted on the State of Colorado’s "VSS" website (http://www.Colorado.gov/vss). Vendor(s) will not be automatically notified of the existence of a modification.

It shall be the responsibility of the Vendor(s) to check the "bids" website periodically to see if any modifications have been issued. Failure to retrieve such modifications, and include their provisions in your bid response, may result in your bid being disqualified. Any bid submitted as a modification to a previous bid response must be noted as such, or may be deemed as a receipt of an alternate bid, therefore being disqualified. Title does not transfer to OIT until receipt. Unless otherwise noted, pricing shall include all Vendor(s) costs and shall be quoted "F.O.B. Destination".

1.9 Enterprise/Cooperative Agreements

Pursuant to CRS §24-37.5-105(3)(i) CRS, the Governor‘s Office of Information Technology (OIT) will be the primary state party to the Enterprise Agreement resulting from this procurement. All Executive Branch state agencies are included in this solicitation and any resulting award/agreement. The Legislative and Judicial branches of State government are eligible to participate. OIT will extend the resulting award and agreement to Institutions of Higher Education and Local Governments.

1.10 Quantities and Future Purchases

OIT intends to award one or more awards/contracts as a result of this IFB throughout the term of this agreement.

1.11 Contract/Agreement Obligations, Catalog/Order System and Term (See Attachment B) This solicitation including documents linked and attached, the awarded Vendor(s) response and all documents, modifications, and agreement terms and conditions will form the agreement between the parties. Any additional terms and conditions and or exceptions proposed by the Vendor(s) (including license agreements) must be submitted with their response in order to be considered. OIT may neither review nor accept terms and conditions submitted subsequent to the bid closing date and time. Additional terms or conditions proposed by Vendor(s) for consideration must be referenced within the corresponding paragraph.

The State will review the proposal to ensure the Vendor(s) have not taken any exceptions to the State’s contract provisions which may be deemed unacceptable, particularly the State of Colorado Special Provisions, attached to the draft contract or exceptions to stated requirements which may be deemed unacceptable in meeting the needs of the State. Any exceptions taken could result in elimination of the Vendor(s) proposal from further consideration, or result in delay or failure to execute a contract, whereby the State may terminate the award and commence negotiations with another Vendor(s).

The State intends to award this solicitation for a maximum of up to five (5) years; in one year increments, at the State's discretion, commencing on the date the first order is placed but the State may cancel agreement(s).

1.12 Vendor(s) Offset

Pursuant to CRS §24-30-202.4 (as amended), the State Controller may withhold debts owed to state agencies under the vendor(s) offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 22, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgment as certified by the controller.

1.13 F.O.B. Destination

All orders placed with the awarded vendor(s) must be quoted F.O.B. Destination. Include any inside delivery charges in bid price; do not include delivery charges in addition to quoted pricing.

1.14 Contract Management System Reporting

OIT uses the State Contract Management System (CMS) to track Contracts and evaluate vendor(s) performance.

By Statute, OIT is required to report information specified in CRS §24-102-205(3)(a) for all Personal Services Contracts with a total value of over $100,000, except for Contracts listed in CRS §24-102-205(2). Any awarded vendor(s), as a result of this solicitation, shall be required to assist in the reporting requirements of CMS.

1.15 Payments and Invoice

Payments shall be due 45 days following receipt of proper invoice.

1.16 Cyber Security (not applicable for this solicitation)

The awarded Vendor(s) is required to comply with all laws, regulations, rules, policies, procedures, or other requirements as deemed solely by the Governor’s Office of Information Technology (OIT) concerning the confidentiality, use, retention, security, delivery, handling, and protection of and the notification, support, compliance, liability, disposition, remediation, and safeguarding requirements associated with any and all State Information. For purposes of this solicitation, State Information means all information, data, records, and documentary materials belonging to the State of Colorado (State) or OIT regardless of its sensitive or non-sensitive nature, physical form, or characteristics, including but not limited to any public and non-public State records, sensitive and non-sensitive State data, protected and unprotected State data, State personnel records, Personally Identifiable Information (PII) Data as defined by CRS §24-72-501(2) and Appendix A (OIT Model Contract Template), Federal Tax Information (FTI) data as defined by law and Appendix A (OIT Model Contract Template), Payment Card Information (PCI) data as defined by law and Appendix A (OIT Model Contract Template), Criminal Justice Information (CJI) data as defined by law and Appendix A (OIT Model Contract Template), Health Insurance Portability and Accountability Act (HIPAA) data as defined by law and Appendix A (OIT Model Contract Template), and other information or data concerning individuals whether it is deemed confidential or not but nevertheless belongs to the State, which has been communicated, furnished, provided, transferred, delivered, or disclosed by the State to the awarded bidder. All responses to this solicitation will be evaluated, in part, based on each Vendor(s) compliance with such laws, regulations, rules, policies, procedures, or other State requirements and certification of such compliance will be evidenced by submission of a response to this solicitation.

1.17 Service Disabled Veteran Owned Small Business Goal

CRS §24-103-211 sets a Service-Disabled Veteran Owned Small Business (SDVOSB) goal of at least 3% of all contracts by dollar value be awarded to SDVOSBs who must be incorporated or organized in Colorado or they must maintain a place of business or have an office in Colorado and must be officially registered and verified as a SDVOSB by the Center for Veteran Enterprise within the U.S. Department of Veterans Affairs.

See www.vip.vetbiz.gov. By responding to this solicitation, the awarded Vendor(s) certifies that it shall comply with the provisions of CRS §24-103-211. SDVOSBs must submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs in their response to the solicitation.

1.18 Performance Outside the State and/or the United States

All service contracts must contain a clause that require suppliers to provide written notice within 20 days (from deciding or actual) if they anticipate, perform or subcontract any services outside the United States or the State

If the awarded Vendor(s) knowingly fails to provide notification the contract may be terminated.

1.19 Insurance

The awarded Vendor(s) must submit certificate(s) showing the minimum insurance coverage per Article 25 of the Design Build Contract Terms and Conditions:

Standard Insurance Requirements A. The awarded Vendor(s) shall obtain, and maintain at all times during the term of this agreement and up to

3 years after the completion of the project, insurance in the following kinds and amounts at a minimum:

1. General

2. Commercial General Liability Insurance

1. General Aggregate $2,000,000.00

2. Products – Completed Operations Aggregate $2,000,000.00

3. Each Occurrence $1,000,000.00

4. Personal Injury $1,000,000.00

3. Automobile Liability Insurance

1. Combined Bodily Injury and Property Damage $1,000,000.00/accident

4. Workers’ Compensation Insurance

5. Umbrella Liability Insurance

1. Each occurrence $5,000,000.00

2. Aggregate $5,000,000.00

6. Builder’s Risk Insurance

1. Deductible clause not to exceed $10,000.00

7. Professional Errors and Omissions Liability Insurance

1. Minimum Coverage per Claim $250,000.00

2. Minimum Coverage in Aggregate $500,000.00

B. The State of Colorado shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts will require the additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Coverage required of the agreement will be primary over any insurance or self-insurance program carried by the State of Colorado.

C. The Insurance shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the State by certified mail.

D. The awarded Vendor(s) will require all insurance policies in any way related to the agreement and secured and maintained by the awarded Vendor(s) to include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against the State of Colorado, its agencies, institutions, organizations, officers, agents, employees and volunteers.

E. All policies evidencing the insurance coverage’s required hereunder shall be issued by insurance companies satisfactory to the State.

F. The awarded Vendor(s) shall provide certificates showing insurance coverage required by this agreement to the State within 7 business days of the effective date of the agreement, but in no event later than the commencement of the services or delivery of the goods under the agreement. No later than 15 days prior to the expiration date of any such coverage, the awarded Vendor(s) shall deliver the State certificates of insurance evidencing renewals thereof. At any time during the term of this agreement, the State may request in writing, and the awarded Vendor(s) shall thereupon within 10 days supply to the State, evidence satisfactory to the State of compliance with the provisions of this section.

G. Notwithstanding subsection A of this section, if the awarded Vendor(s) is a “public entity” within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the awarded Vendor(s) shall at all times during the term of this agreement maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the awarded Vendor(s) shall show proof of such insurance satisfactory to the State.

H. Insurance certificate(s) shall be mailed to: Governor’s Office of Information Technology, Procurement and Vendor(s) Services, Contracts & Compliance Office, 601 East 18th Avenue, Suite 180, Denver, Colorado 80203.

Policies that restrict the above requirements without advance written approval may be deemed insufficient and can be cause for cancellation of purchase orders and/or contracts. Additional coverage may be required in specific procurements. Additionally, policies that do not contain restrictions to specific jobs or services may be used as a blanket policy to cover recurring services performed for the State of Colorado.

1.20 NUMBER OF AWARDS

The State intends to award one (1) award/contract as a result of this IFB.

Section 2: Overview and Scope, Awarded Vendor(s) Responsibilities

2.1 Overview and Scope

The awarded vendor will be required to sign and agree to the attached Design/Build Agreement Lump Sum & General Conditions of the Design/Build Agreement Lump Sum (SC-8.0, SC-8.1) (Attachment B) and complete the project per Pueblo CSP Tower Construction Documents (Attachment C)

Section 3: Requirements

A. Pre-Qualifications

A1. Signed Request for Proposals (IFB) Signature Page. Offeror must submit a signed Invitation for Bids Signature Page to be considered for this award.

Offeror Response:

________ (Initial here) Offeror understands the requirements above and agrees to comply

A2. Pre-Bid Conference. Offeror must have attended the mandatory pre-bid conference on Wednesday 10/26/17

________ (Initial here) Offeror understands the requirements above and agrees to comply

A3. Firm Requirements. Offeror shall have been in business and in good standing with the Colorado Secretary of State.

Offeror Response:

________ (Initial here) Offeror meets this requirement.

A4. Restriction to Pre-Qualified Vendors. Offeror must be prequalified by the Governor’s Office of Information Technology. Only those vendors giving notice of awards resulting from RFP 2018000010 will be considered for this award.

Offeror Response:

________ (Initial here) Offeror understands the requirements and is a qualified vendor.

B. Method of Award

C1. Award. The lowest bid that is both responsive and responsible will receive the award.

To be considered responsive all pages of this IFB will be included with the bid, signed and/or initialed where prompted. The attached bid form (Attachment A) and required bid bonds will be completed.

After the award is made, performance and labor & material bonds will be required.

To be considered responsible all the previous requirements in Section 2 will be met and any questions regarding the viability of the bid cost will be answered (if necessary through official clarifications)

All responsive and responsible bids will be tabulated and the lowest dollar value will receive the award.

Offeror Response:

________ (Initial here) Offeror understands the requirements above and agrees to comply

Section 4: Vendor(s) Response Format

Vendor(s) must submit completed Signature Page, Requirements (and associated documents) and Bid (Attachment A).

Bids may be submitted by mail, courier or hand-delivered. Bids submitted by mail, courier or hand-delivery should allow for additional time to obtain access into the building since it is a secure building;

late and electronic bids will not be accepted. It is the responsibility of the Vendor(s) to ensure that their bid arrives prior to the date and time due, and at the address stated above. Hand- or courier deliveries should be given to OIT Receptionist on the first floor of the building for logging and date/time stamping.

All Vendor(s) shall submit bid responses in a sealed package(s); the bid number, opening date, and opening time should be noted on the outside of the sealed package(s) for ease of identification. The sealed package(s) shall contain: one original, one thumb drive, plus one copy of the bid response; bids should be segregated in separate envelopes for “Signature Page & Requirements” and “Bid Pricing Sheets”; both properly marked.

Signature Page & Mandatory Minimum Requirements Vendor(s) shall respond by providing an original signed Signature Page and Requirements Page:

Signature Page Requirements (from Section 3 along with required documentation)

Bid Response and Pricing Sheets Vendor(s) shall respond by providing a copy of the completed bid:

Bid – Attachment A Bid Bond – Attachment A1:

Bids will be accepted until the Bid Submission Deadline as indicated on the Colorado VSS website/solicitation page applicable to this solicitation, at the Governor’s Office of Information Technology (OIT), Procurement and Vendor(s) Services Office, 601 East 18th Avenue, Suite 150, Denver, Colorado 80203, and at that time publicly opened. Only the name(s) of the Vendor(s) will be read at the public opening