City of Frederick PURCHASING DEPT.
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1 ADDENDUM #4 RFP #12-D CITY OF FREDERICK WWTP ENR UPGRADE March 12, 2012 TO: SUBJECT: REF: All Potential Proposers RFP #12-D, CITY OF FREDERICK WWTP ENR UPGRADE Revised Proposal Closing Date, Submitted RFI and City Response PLEASE BE ADVISED THAT THE PROPOSAL CLOSING DATE FOR RFP #12-D CITY OF FREDERICK WWTP ENR UPGRADE CIP #370008, FY 2012, HAS BEEN EXTENDED TO: APRIL 13, 2012, 3:00 P.M. Proposals received after that time, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in favor of the City of Frederick. Proposers shall be responsible for verifying that the city has received their proposal. Those Proposers desiring confirmation may contact Ms. Kandi Fullerton at between the hours of 7:00 a.m. and 3:00 p.m. (EST). The City is not responsible for returning late proposals. All submittals must be valid for one hundred twenty (120) days from the closing date of this RFP. This addendum is made part of the Bidding Documents to the same extent as though it was originally included therein. In the event of conflict with the original Contract Documents, the Addendum shall govern all other contract documents to the extent specified. Subsequent Addendums shall govern over prior addenda only to the extent specified. The Bidder shall be required to acknowledge receipt of the Informational Addendum by signing the Addendum and including it with the Bid Proposal. Failure of a bidder to include a signed Informational Addendum in its Bid Proposal shall deem its Bid non-responsive provided, however, that the City may waive this requirement if determined to be in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. We look forward to receiving your bids. Sincerely, CITY OF FREDERICK Kandi Fullerton, CPPB, Purchasing Manager
2 ACKNOWLEDGEMENT OF ADDENDUM #4 The undersigned acknowledges that Addendum No.4 for RFP# 12-D has been received by the undersigned and will be incorporated in all copies of said Bid in the possession of the undersigned. It is understood that all proposals submitted in response to this project will be presumed to be based upon full knowledge of the contents of Addendum No. 4. (Company Name) (Signature-Authorized Official) (Title) (Date) NOTE: IMPORTANT Please sign and date this Acknowledgement of Receipt and return via facsimile or to The City of Frederick, Purchasing Department at (301) , Attention: Ms. Kandi Fullerton .
3 ADDENDUM #4 RFP #12-D CITY OF FREDERICK WWTP ENR UPGRADE SUBMITTED RFI S AND CITY RESPONSE 1. DBE Participation Form, Lines 7 & 8. It states TO BE DETERMINED. Please confirm that this is to be included at this time; i.e. the City would like to see the proposed dollar amount for our MBE/WBE with our submittal? City Response: Delete To Be Determined on lines 7 & 8 of the COF DBE Form. Submit your proposed dollar amount for DBE/MBE participation. 2. Is it feasible for the City of Frederick to request the City Council to consider eliminating the 10 percent retainage on our MBE/WBE sub-consultants? City Response: The City of Frederick will contract only with the prime consultant. A 10% retainage will be held from the prime consultant through the course of the construction contract. Upon 50% completion of construction the Prime Consultant may request a 50% reduction in retainage, in all cases 100 % retainage will be released to the prime consultant, upon substantial completion and all ENR limits being met. 3. Does a Small Business Enterprise meet the requirements? City Response: A Small Business Enterprise does not meet the same eligibility requirements as a DBE/MBE/WBE. 4. Will it be a requirement for Consultants to use Audited FAR (Fed. Acquisition Rates) City Response: This project or MDE funding does not require FAR. Davis Bacon Wage rates on Labor only is required. 5. On Page 11 of 30 of the RFP under Experience / Availability of Project Manager / Key Staff it is indicated The project manager must have adequate design experience in managing projects including the construction of an air traffic control tower and shall be a Professional Engineer or Architect registered in the State of Maryland. The project manager s resume must be included in the appendix. It is requested that the clause pertaining to construction of an air traffic control tower be deleted. We suggest using the following language replace the above:
4 The project manager must have adequate experience in managing comparable wastewater treatment projects and shall be a Professional Engineer registered in the State of Maryland. The project manager shall be identified in the item of the proposal Experience of Project Team. Provide a projection of the amount of time the project manager and key staff will have available to devote to the design, bidding, construction phases and the ENR performance demonstration phases of this project. City Response: Delete Paragraph #1 on Page 11. Page 10 of 30 (Experience of Project Team) adequately covers our intent. 6. The first sentence of the City s response to Question 5 issued in Addendum #2 pertained to the process guarantee assurance which was A 10% retainage will be withheld from the Designer until it has been determined by the City that the constructed project will attain the ENR limits as mandated by MDE. We request that consideration be given to the 10% retainer not be withheld from the design engineer. We are not aware of this clause having been in any of the other ENR projects in Maryland that included MDE funding. If the City does not delete the 10% retainer requirement, then we request clarification regarding: Will the 10% retainage be held on the Design Engineer s entire fee consisting of the sum of Bid Items A (Schedule of Value Items 1-23) B, and C? City Response: Yes. Alternatively, will the retainage only be applicable to the schedule of value items in Item A that pertain directly to the ENR work, i.e., Items 6, 7a, 7b, 8, 9, 10, 11, 12, and possibly 19? City Response: No. Will the retainage be applicable to the fee for the MBE, WBE and other subconsultants? These may include geotechnical engineers or surveyors for instance. City Response: All retainage relates to the agreement between the City and Designer. How will it be determined by the City of Frederick that the constructed project meets the ENR limits as mandated by MDE. City Response: ENR limits shall be determined by operational testing during plant startup.
5 7. Item 6 on page 7 of the RFP pertains to providing a training schedule and preparation of training protocol specifications. This work takes place during the construction phase. Should the cost to provide these services be captured in Item C of the revised proposal form issued in Addendum #2? City Response: Item 6 refers to a specification that will be bid on by contracting firms. Therefore, this work effort should be included in Item A on the proposal form. 8. Would the City consider extending the proposal due date? City Response: Yes. In an effort to allow respondents to more adequately prepare proposals, we have extended the due date to the same hour on Friday, April 13, The retainage fee is having a negative effect on our ability to attract quality subconsultants, especially MBE/WBE firms. These are small firms who can t afford to carry a retainage. This is the case for all firms as well. Given this condition, would the City consider waiving the 10% retainage requirement. City Response: See City Response to #2 above. 10. In Item 5.c. of the Scope of Services Requested (page 7 of 30), is it the intent that the consultant will prepare the As-built drawings after the completion of construction? City Response: Yes. 11. On page 18 of 30, under Laws, Permits and Regulations, it is stated that the consultant is to pay for all licenses, permits and inspection fees required for this project. Would a modification to this requirement be considered whereby the Owner pays permit fees directly and the Contractor pays inspection fees? City Response: The Consultant should prepare for and obtain all permits for the project. Inspection fees that pertain to the design effort should be included.
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