Difference between revisions of "Phase IV - Pre-Construction"

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== Introduction ==
== Introduction ==
{{Introduction
{{Introduction
|This phase is referred to by KDOT as the Letting phase and has important legal significance. Legal advertisement with proper publication has to occur prior to a bid opening. KDOT requires contractor pre-qualificiations and Contractor collusion evaluation for Federal funded projects.
|This phase is referred to by KDOT as the Letting phase and has important legal significance. Legal advertisement with proper publication has to occur prior to a bid opening. KDOT requires contractor pre-qualifications and Contractor collusion evaluation for Federal funded projects.


Bids are tabulated, evaluated and a City staff recommendation is prepared regarding the contract award for presentation to the City Council. If Federal funds are involved, the bids must receive KDOT concurrence prior to consideration by the City Council.
Bids are tabulated, evaluated and a City staff recommendation is prepared regarding the contract award for presentation to the City Council. If Federal funds are involved, the bids must receive KDOT concurrence prior to consideration by the City Council.
}}
}}


== [[Phase IV Checklist|Checklist]] ==
== [[Phase IV Checklist]] ==
 
<!--
== [[Phase IV Flow Chart|Flow Chart]] ==
== [[Phase IV Flow Chart|Flow Chart]] ==
-->


== Task No. 1 - Complete Plans, Specifications and Estimate ==
== Task No. 1 - Complete Plans, Specifications and Estimate ==
The Consultant/Project Manager shall make all final plan revisions, complete the specifications and prepare the final Engineer’s construction cost estimate.  The City project team and consultant will determine what submittals the contractor will be required to submit during the construction phase and who will be responsible for reviewing and approving the submittals.
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A Stormwater Pollution and Prevention Plan (SWPPP) must be prepared by the project team. See [[media:OP SWPPP Template.doc|'''SWPPP Template''']] for assembling the SWPPP notebook.
The Consultant/Project Manager shall make all final plan revisions, complete the specifications and prepare the final Engineer’s construction cost estimate.  The City project team and consultant will determine what materials the contractor will be required to submit during the construction phase and who will be responsible for reviewing and approving the submittals.


Project Manager will coordinate with Stormwater Section for LDP application process. See [http://www.opkansas.org/Documents-and-Forms/Detail/Land-Disturbance-Site-Development-Permit-Application '''Land Disturbance Permit Application''']. See [[media:LDP Example.pdf|'''sample of a City's Land Disturbance Permit''']].
A Stormwater Pollution and Prevention Plan (SWPPP) must be prepared when project disturbs more than 1 (one) acre. A [[Media:SWPPP Template Packet.pdf|'''SWPPP template''']] is available for assembling the SWPPP notebook.


See [[media:Blp-memo-03-12.pdf|'''BLP Memo 03-12''']] Engineer's Professional Seal and Signature on Plans.
See [[media:Blp-memo-03-12.pdf|'''BLP Memo 03-12''']] Engineer's Professional Seal and Signature on Plans.


{{Exhibit|IV-1a.xlt|No. IV-1a|is a contractor submittals checklist.}}
== Task No. 2 - Selection of Material Testing Firm ==
{{Exhibit|IV-1b.xlt|No. IV-1b|is an approved products listing for signals, street lighting, fiber optics, ITS, traffic control, pavement marking and signing.}}
 
== Task No. 2 - Distribute Material Testing Proposals [[image:MaterialsTesting.jpg|frame|80px]] ==
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The Project Manager shall prepare and distribute RFPs to at least three qualified private material testing companies.
The Project Manager shall verify testing services for each project as required,prepare, and distribute RFPs to at least three qualified private material testing companies in accordance with the [http://online.encodeplus.com/regs/overlandpark-ks-gbp/doc-viewer.aspx#secid-103 '''Resolution No. 4550'''].


{{Exhibit| IV-2a.dot|No. IV-2a|is a list of materials testing / geotechnical service companies.}}
{{Exhibit|IV-2a 10-19-22.docx|No. IV-2a|is a list of materials testing / geotechnical service companies.}}
{{Exhibit|IV-2b.dot|No. IV-2b|is a sample RFP transmittal letter to material testing companies.}}
{{Exhibit|IV-2b Notice for RFP Material Testing Services.docx|No. IV-2b|is a Notice to Construction Material Testing Firms (RFP).}}
{{Exhibit|IV-2c.dot|No. IV-2c|is the material testing proposal instructions (Exhibit A).}}
{{Exhibit|IV-2 Testing Proposal Exhibit A - rev 4-4-14.docx|No. IV-2c|is the material testing proposal instructions (Exhibit A).}}
{{Exhibit|IV-2d.dot|No. IV-2d|is the material testing proposal (Exhibit B).  (word version)}}
{{Exhibit|IV-2 Testing Proposal Exhibit B - rev 4-4-14.docx|No. IV-2d|is a sample of the material testing proposal (Exhibit B).}}
{{Exhibit|IV-2d.xlt|No. IV-2d|is the material testing proposal (Exhibit B). (excel version)}}
{{Exhibit|IV-2e Testing Specifications Exhibit C - rev 11-23-16.pdf|No. IV-2e|is the material and testing specifications (Exhibit C).}}
{{Exhibit|IV-2e.dot|No. IV-2e|is the material and testing specifications (Exhibit C).}}
{{Exhibit|IV-2f.pdf|No. IV-2f| is the Material Sampling and Testing Frequency Chart (Exhibit D).}}
{{Exhibit|IV-2f.dot|No. IV-2f|is the Material Sampling and Testing Frequency Chart (Exhibit D).}}
{{Exhibit|IV-2g Testing Services Agreement - rev 7-5-22.docx|No. IV-2g|is the Agreement for Construction Material Testing Services.}}
{{Exhibit|IV-2g.dot|No. IV-2g|is the Agreement for Construction Material Testing Services.}}
{{Exhibit|IV-2h Supplemental Agreement to Material Testing Services Agreement 1-15-20.docx|No. IV-2h|is the Supplemental Agreement for Construction Material Testing Services.}}
{{Exhibit|IV-2h.dot|No. IV-2h|is the Supplemental Agreement for Construction Material Testing Services.}}


== Task No. 3 - Set Bid Opening Date - Schedule Room ==
== Task No. 3 - Set Bid Opening Date - Schedule Room ==
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The Project Manager in conjunction with the Contract Specialist will determine the bid opening date. Consideration of publishing the legal advertisement(s) (see Task No. IV-4) will be taken into consideration. The Contract Specialist will schedule a room for receiving bids. The room location will be included in the legal publication.
The Project Manager in conjunction with the Contract Specialist will determine the bid opening date. The Contract Specialist will schedule the Council Chambers for receiving bids. The bid opening time and location will be included in the legal publication.


The Project Manager shall determine if a pre-bid conference is required prior to preparing the notice to bidders. If one is required, it shall be scheduled approximately one week prior to the bid opening. The Notice to Bidders shall give this date as information to potential bidders and will serve as the invitation to this meeting. It shall be determined by the Project Manager whether attendance will be a requirement for submitting a bid.
The Project Manager shall determine if a pre-bid conference is required prior to preparing the notice to bidders. If one is required, it shall be scheduled approximately one week prior to the bid opening. The Notice to Bidders shall give this date as information to potential bidders and will serve as the invitation to this meeting. It shall be determined by the Project Manager whether attendance will be a requirement for submitting a bid.


Also See: [[media:Contract_bidding_schedules.dot|'''Guidance for Planning Bid and Contract Award Schedules''']]
See '''[[Planning Bid and Contract Award Schedules]]''' for the bidding/contract award process timeline.


== Task No. 4 - Publish Legal Advertisement ==
== Task No. 4 - Publish Legal Advertisement ==
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Generally, the project shall be advertised approximately 3 weeks prior to the scheduled bid opening for construction projects and 12 days for equipment and material bids. The Project Manager is to provide the Contract Specialist the notice to bidders electronically by 3:00 pm Thursday so they can arrange for publication in the Wednesday edition of the Olathe Daily New newspaper. The Contract Specialist shall check the newspaper on the day of scheduled publication to make sure the notice was published.
Generally, the project is advertised approximately 3 weeks prior to the scheduled bid opening. The Contract Specialist will provide the Notice to Bidders electronically to the City Clerk by 12:00 pm Thursday so arrangements can be made for publication in the Tuesday edition of the '''[http://www.thelegalrecord.net The Legal Record]'''. The Contract Specialist shall check the newspaper on the day of scheduled publication to make sure the notice was published.
{{Exhibit|IV-4a.dot|No. IV-4a|is a sample transmittal memorandum to the City Clerk's office.}}
{{Exhibit|IV-4b.dot|No. IV-4b|is a sample Notice to Bidders.}}
{{Exhibit|IV-4c.pdf|No. IV-4c|is a sample legal publication affidavit for the Johnson County Sun and Kansas Register.}}
 
For KDOT projects, advertisement shall also be in the Kansas Register, 30 days prior to the scheduled bid opening.  Kansas Register publications are released on Thursdays.  The notice to bidders shall be received by the Kansas Register one week prior to scheduled advertisement.
 
The Notice shall be e-mailed to: [mailto:NancyR@kssos.org '''NancyR@kssos.org''']
 
Office of the Secretary of State
 
Attn: Nancy Reddy
:Memorial Hall, 1st Floor
:120 SW 10th Avenue
:Topeka, KS 66612-1594
::785-296-3489
::785-291-3051 (fax)


{{Exhibit|IV-4d.dot|No. IV-4d|is a sample e-mail cover sheet to the Office of the Secretary of State. (Kansas Register)}}
For KDOT projects, advertisement shall also be in the '''[http://www.kssos.org/pubs/pubs_kansas_register.asp Kansas Register]''', 30 days prior to the scheduled bid opening.  Kansas Register publications are released on Thursdays.  The Notice to Bidders shall be emailed to the Kansas Register (<u>''kansasregister@ks.gov''</u>) one week prior to scheduled advertisement.


== Task No. 5 - Notice to Contractor’s/DBE Firms ==
== Task No. 5 - Notice to Contractors/DBE Firms ==
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The Consultant/Administrative Assistant shall mail to specialty contractors and DBE firms the Notice to Bidders.
The Contract Specialist/Administrative Assistant shall provide a copy of the Notice to Bidders either by email or regular mail to the firms in the Bidders List.
{{Exhibit|IV-5a.dot|No. IV-5a|is a list of contractors for Street and Bridge projects.}}
{{Exhibit|IV-5a 7-21-22.docx|No. IV-5a|is a list of contractors for Street and Bridge projects.}}
{{Exhibit|IV-5b.dot|No. IV-5b|is a list of contractors for Storm Sewer projects.}}
{{Exhibit|IV-5b 7-21-22.docx|No. IV-5b|is a list of contractors for Storm Sewer projects.}}
{{Exhibit|IV-5c.dot|No. IV-5c|is a list of contractors for Sidewalk and Curb projects.}}
{{Exhibit|IV-5c 6-6-22.docx|No. IV-5c|is a list of contractors for Sidewalk and Curb projects.}}
{{Exhibit|IV-5d.dot|No. IV-5d|is a list of contractors for Streetlight projects.}}
{{Exhibit|IV-5d 7-21-22.docx|No. IV-5d|is a list of contractors for Streetlight projects.}}
{{Exhibit|IV-5e.dot|No. IV-5e|is a list of contractors for Traffic Signal projects.}}
{{Exhibit|IV-5e 10-13-22.docx|No. IV-5e|is a list of contractors for Traffic Signal projects.}}
{{Exhibit|IV-5f.dot|No. IV-5f|is a list of contractors for Traffic Signal and Streetlighting Equipment.}}
{{Exhibit|IV-5f.docx|No. IV-5f|is a list of contractors for Traffic Signal and Streetlighting Equipment.}}
{{Exhibit|IV-5g.dot|No. IV-5g|is a list of contractors for Fiber Optic projects.}}
{{Exhibit|IV-5g.docx|No. IV-5g|is a list of contractors for Fiber Optic projects.}}
{{Exhibit|IV-5h.dot|No. IV-5h|is a list of contractors for Demolition projects.}}
{{Exhibit|IV-5h.docx|No. IV-5h|is a list of contractors for Demolition projects.}}
{{Exhibit|IV-5i.dot|No. IV-5i|is a list of contractors for Building projects.}}
{{Exhibit|IV-5i 10-13-22.docx|No. IV-5i|is a list of contractors for Building projects.}}
{{Exhibit|IV-5j.dot|No. IV-5j|is a list of contractors for Building Mechanical Systems projects.}}
{{Exhibit|IV-5j.docx|No. IV-5j|is a list of contractors for Building Mechanical Systems projects.}}
{{Exhibit|IV-5k.dot|No. IV-5k|is a list of Architects.}}
{{Exhibit|IV-5k.dot|No. IV-5k|is a list of Architects.}} <span style="color:red">'''(replace with current list when available)'''</span>
{{Exhibit|IV-5l.doc|No. IV-5l|is a list of plan rooms associated with DBE contractors.  They are to receive, without cost, a copy of the plans and specifications.}}
{{Exhibit|IV-5l Plan Rooms.docx|No. IV-5l|is a list of plan rooms associated with DBE contractors.  They are to receive a copy of the Notice to Bidders.}}


== Task No. 6 - Distribute Plans, Contract Documents and Estimate ==
== Task No. 6 - Distribute Plans, Contract Documents and Estimate ==
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The plans/contract documents shall be distributed by the office that prepared the plans/contract documents to potential bidders. The Consultant/Project Manager shall establish a fair price for the plans/contract documents which amount shall not be refundable. This amount shall be included in the Notice to Bidders as well as the not refundable statement.
The plans/contract documents shall be made available through [https://www.questcdn.com/ '''QuestCDN'''] for current rate set by QuestCDN. This information shall be included in the Notice to Bidders.
 
For projects that are bid using hard copy bids, plans/contract documents are distributed by the office that prepared the plans/contract documents to potential bidders. The Consultant/Project Manager shall establish a fair price for the plans/contract documents which amount shall not be refundable. This amount shall be included in the Notice to Bidders.


The Consultant or City who is distributing/selling the plans shall assign a person to record all plan holders.
The plan holders list will be available through QuestCDN for projects that bid electronically. For hard copy bids, the Consultant or City who is distributing/selling the plans shall keep a list of all plan holders.


Plans and Contract Documents shall be provided free to the plan rooms as listed on {{Exhibit|IV-5l.doc|No. IV-5l|is a list of plan rooms associated with DBE contractors.
The final Engineer’s construction cost estimate shall be provided to the Contract Specialist in either Word or Excel format at least four days prior to the bid opening. This estimate shall also be printed and provided in sealed envelope for the bid opening.


The final Engineer’s construction cost estimate shall be forwarded to the Contract Specialist one day prior to the bid opening. This estimate shall be notarized and sealed in an envelope.
{{Exhibit|IV-6 Engineers Estimate.docx|No. IV-6|is a template for Engineer’s Estimate.}}


{{Exhibit|IV-6.dot|No. IV-6|is a sample Engineer’s construction cost estimate.}}  
{{Note
|Engineer's Estimate shall be signed and stamped by the PE}}


After the City Council has awarded the Contract, the original estimate is forwarded to the City Clerk’s office and a copy placed in the project file.
After the City Council has awarded the Contract, the original estimate is forwarded to the City Clerk’s office and a copy placed in the project file.
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If a pre-bid conference is scheduled by the Project Manager, an agenda shall be prepared and distributed at the beginning of the meeting.  
If a pre-bid conference is scheduled by the Project Manager, an agenda shall be prepared and distributed at the beginning of the meeting.  


{{Exhibit|IV-7.dot|No. IV-7|is a sample Pre-Bid Conference Agenda.}}
:[[Media:IV-7 PreBid Agenda.pdf|'''Exhibit No. IV-7a''']] ''is a sample Pre-Bid Conference Agenda''.
{{Exhibit|II-9d.dot|No. II-9d|is a meeting sign in sheet.}}
:[[Media:IV-7b pre-bid sign in sheet.doc|'''Exhibit No. IV-7b''']] ''is a meeting sign in sheet''.


:'''The following issues are appropriate to discuss:'''
:'''The following issues are appropriate to discuss:'''
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:*Any unusual contract requirements,
:*Any unusual contract requirements,
:*Any unusual work requirements,
:*Any unusual work requirements,
:*Utility related questions,
:*Contract completion date,
:*Contract completion date,
:*Traffic control plan(s), and
:*Traffic control plan(s), and
:*Contractor/bidder questions.
:*Contractor/bidder questions.


{{Note
The representatives from the utility companies shall be invited to the pre-bid conference.
|In an effort to avoid scheduling conflicts with other called utility meetings an Outlook calendar has been created called PW Utilities. PW Utilities shall be invited as an attendee to all utility meetings, pre-bid conferences and pre-construction conferences or any meeting requesting utility company attendance.
 
}}
Coordinate with Engineering Services for development projects permitted in the area.
 
{{Note|When scheduling meeting in Google calendar, in order to avoid conflicts with utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to pre-bid conferences, pre-construction conferences or any meetings that require utility company attendance.}}


== Task No. 8 - Determine Contractor Pre-Qualifications ==
== '''Task No. 8 - Determine Contractor/Sub-Contractor Qualifications - KDOT Projects'''==
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The Consultant/Project Manager shall determine if the Contractor requesting plans is qualified to perform the work.
For a KDOT project, the prime Contractor selected to perform the work, shall be on the KDOT's latest qualification list for class of work. The City shall obtain from the Bureau of Construction and Maintenance, KDOT, the latest list of [http://www.ksdot.org/Assets/wwwksdotorg/bureaus/burConsMain/hwycont_files/PRECONInternetLIST.pdf '''Pre-Qualified Contractors'''] to perform the class of work involved with the project. The directory can also be found on [http://www.ksdot.org/hwycont.asp '''KDOT's Website'''].


For a KDOT project, the Contractor selected to perform the work shall be on KDOT’s latest qualification list for the class of work. One week prior to the legal advertisement date, the Project Manager shall obtain from the Bureau of Construction and Maintenance, KDOT, the latest list of [http://www.ksdot.org/divoperat/rptInternetList.pdf '''Pre-Qualified Contractors'''] to perform the class of work involved with the project. The directory can also be found at '''http://www.ksdot.org/hwycont.asp'''.
For plans obtained through electronic bidding process, the Contract Specialist at the time the project is added to QuestCDN will answer YES to the Prequalification Required field. When a Contractor requests plans, the system will put them on hold until the Contract Specialist looks them up in the Pre-Qualified Contractors list. If it is determined that the contractor is qualified, the Contract Specialist marks them as APPROVED and notifies the contractor that they can now download plans. If the contractor is a sub-contractor, they will be allowed to download plans.


If the Contractor requesting plans is not on KDOT's contractor qualification list, plans will not be issued by the City.
:[[Media:KDOT Class(es) of Work.pdf|'''Exhibit No. IV-8''']] ''is an example of KDOT's Class or Classes of Work''.
{{Exhibit|IV-8.pdf|No. IV-8|is an example of KDOT's Class or Classes of Work.}}


== Task No. 9 - Prepare Contract Document/Addendum ==
For a KDOT project, all contractors and sub-contractors working on any State/Federal-Aid project must have an EEO policy on file with the Office of Civil Rights Compliance. Each contractor and sub-contractor is responsible for submitting annually their company's EEO policy on their company letterhead, a letter of appointment of the company's EEO officer, and the DOT [https://www.ksdot.org/Assets/wwwksdotorg/bureaus/offChiefCoun/Documents/DOT%20Form%201049.pdf '''1049 CFR'''] Form. A contractor or sub-contractor with 50 or more employees shall have an Affirmative Action Plan.
 
The BLP PM will notify the City if a contractor does not have a policy on file. No contractors will be allowed to work on the project until the Office of Civil Rights Compliance verifies that they have a policy on file.
 
Contact KDOT's Office of Civil Rights Compliance with any questions (785-296-7940).
 
== Task No. 9 - Prepare Contract Addendum ==
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The Consultant/Project Manager, as a result of the Pre-Bid Conference or other Contractor inquires/suggestions, make final contract document changes, prior to the bid opening, by issuing an addendum. The addendum shall be prepared and communicated/faxed to all plan holders of record. For federal-aid projects all addenda must be submitted to the Bureau of Local Projects for prior approval before being distributed to plan holders. See [[media:blp-memo-6-17-2010.pdf|'''BLP Memo dated 6-17-2010''']].
The Consultant/Project Manager, as a result of the Pre-Bid Conference or other Contractor inquires/suggestions, may make final contract document changes, prior to the bid opening, by issuing an addendum. The addendum shall be prepared and provided electronically through [https://www.questcdn.com/ '''QuestCDN'''] to all plan holders of record. For federal-aid projects all addenda must be submitted to the Bureau of Local Projects for prior approval before being distributed to plan holders. See [[media:blp-memo-6-17-2010.pdf|'''BLP Memo''']] dated 6-17-2010.


Addenda will be issued no later than four days prior to the date for receipt of bids, except an addendum withdrawing the request for bids or one which includes postponement of the date to receive bids.
Addenda will be issued no later than four days prior to the date for receipt of bids, except an addendum withdrawing the request for bids or one which includes postponement of the date to receive bids.
{{Exhibit|IV-9.pdf|No. IV-9|is a sample transmittal letter and addendum.}}
{{Exhibit|IV-9 Addendum Sample Cover Page.docx|No. IV-9|is a sample of contract addendum cover page.}}


For KDOT projects the Wage Determinations shall be recheck for modifications ten days prior to bid opening.  If modifications have been made since advertisement an addendum showing the current Wage Determinations shall be issued.
The [https://beta.sam.gov/search?index=wd&keywords=KS20190005&date_filter_index=0&date_rad_selection=date&wdType=dbra&page=1 '''Davis Bacon Wage Determinations'''] used for KDOT projects shall be those in effect no more than ten days prior to the letting.  If modifications have been made since advertisement an addendum showing the current Wage Determinations shall be issued.
 
See '''http://www.ksdot.org/burconsmain/ppreq/wagedet.asp'''.


== Task No. 10 - Complete Bid Opening ==
== Task No. 10 - Complete Bid Opening ==
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If addenda to the contract documents have been issued by the Consultant/Project Manager, this <u>must</u> be indicated on the bid tab.  
If addenda to the contract documents have been issued by the Consultant/Project Manager, this <u>must</u> be indicated on the bid tab.  


The bids are opened by the City Clerk and recorded by the Contract Specialist and at least one member of the City Clerk’s office.
In accordance with state laws and regulations the bids are opened and read by the City Clerk and recorded by the Contract Specialist and at least one member of the City Clerk’s office.


{{Exhibit|IV-10.dot|No. IV-10|is a sample bid tabulation form.}}
{{Exhibit|IV-10 Bid Tab Sample.docx|No. IV-10|is a sample bid summary form.}}


== Task No. 11 - Complete Detailed Bid Tabulation ==
== Task No. 11 - Complete Detailed Bid Tabulation ==
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Subsequent to the bid opening and prior to the scheduled City Council Award of contract, the Consultant/Project Engineer shall prepare a detailed bid tabulation from the submitted contractors bid proposals.  
Subsequent to the bid opening, the Contract Specialist shall prepare a detailed bid tabulation from the submitted bids on [https://www.questcdn.com/ '''QuestCDN'''].
 
This detailed bid tabulation shall be in the same format as the contract document bid form. When a bid is entered on the QuestCDN site, the accuracy of the bid is checked and error messages are provided to the bidder prior to submitting their bid.


This detailed bid tabulation shall be in the same format as the contract document bid form. The accuracy of the contractor’s multiplication and addition shall be checked and confirmed, any errors will be corrected/marked on the original bid proposal.
For hard copy bids, the Consultant/Project Engineer shall prepare a detailed bid tabulation from the submitted bids. This detailed bid tabulation shall be in the same format as the contract document bid form.The accuracy of the contractor's multiplication and addition shall be checked and confirmed, and any errors corrected/marked on the original bid proposal.


Contractor's and/or Vendor's proposals that include variances or exceptions will be reviewed by either the Project Manager or the appropriate Maintenance Superintendent to determine if the proposal meets the contract documents and specifications.  
Bids for materials or equipment that include variances or exceptions will be reviewed by either the Project Manager or the appropriate Maintenance Superintendent to determine if the proposal meets the contract documents and specifications.  


The Engineer’s estimate shall also be included on the bid tabulation.  
The Engineer’s estimate shall also be included on the bid tabulation.  


The Engineer's estimate, the bid tabulation, and the bid sheet recording all bids at the public meeting where bids are opened on all projects is to remain confidential prior to acceptance by the City Council, then all information is public.
The detailed bid tabulation on all projects is to remain confidential prior to acceptance by the City Council, then all information is public.


{{Exhibit|IV-11.xlt|No. IV-11|is a sample detailed bid tabulation.}}
{{Exhibit|IV-11 Detailed Bid Tab Sample.pdf|No. IV-11|is a sample detailed bid tabulation.}}


== Task No. 12 - Determine and Approve the Lowest and Best Qualified Contractor and Sub-Contractor Percent of Work ==
== Task No. 12 - Determine and Approve the Lowest and Best Qualified Contractor <br/>and Subcontractor Percent of Work ==
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*list of available equipment.
*list of available equipment.


Immediately after the bid opening the Project Manager shall prepare a Sub-contractor Breakdown Form and forward to the apparent low bidder.  The apparent low bidder shall complete the form showing all sub-contractors, if any, their address, associated bid item numbers, and bid item amount the sub-contractor is to perform.
Immediately after the bid opening the Project Manager shall prepare a Sub-contractor Breakdown Form and forward it to the apparent low bidder.  The apparent low bidder shall complete the form showing all sub-contractors, if any, their address, associated bid item numbers, and bid item amount the sub-contractor is to perform.
 
{{Exhibit|IV-12.xlt|No. IV-12|is a Sub-contractor Breakdown Form to be completed by the apparent low bidder.  (KDOT Project)}}
{{Exhibit|IV-12a.xlt|No. IV-12a|is a Sub-contractor Breakdown Form to be completed by the apparent low bidder.  (Non-KDOT Project)}}


{{Note|For KDOT Projects this task is tracked by KDOT see [[media:II-16.xlt|'''Exhibit No. II-16''']]The Project Engineer shall ensure this task is complete.}}
:[https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burLocalProj/LPA/Forms/LPA%20SubContractor%20Approval%20Form.xlsx '''LPA Sub-Contractor Approval Form'''] - ''to be completed by the apparent low bidder, returned to the City, and forwarded to BLP(KDOT Project)''
{{Exhibit|IV-12a.xlt|No. IV-12a|is a Subcontractor Breakdown Form to be completed by the apparent low bidder. (Non-KDOT Project)}}


== Task No. 13 - Determine Disadvantaged Business Enterprises (DBE) Involvement ==
{{Note|The Project Engineer shall ensure this task is complete. The proposals shall be considered in accordance with Section 103.1 of KDOT's [https://www.ksdot.org/burconsmain/specprov/2015specprov.asp '''Standard Specifications for State Road and Bridge Construction'''].
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For KDOT Projects this task is tracked by KDOT.}}


For KDOT projects the Project Manager shall send via fax all DBE goal sheets with a bid tab of all bidders to KDOT's External Civil Rights Administrator (ECRA), FAX (785)296-0723.  The ECRA will review and provide a recommendation on how to proceed.  If the DBE goal is not met or exceeded, the apparent low bidder has 48 hours to provide the ECRA its written documentation of a good faith effort to meet the DBE goals prior to submitting their bid.  If the good faith effort documentation is accepted, the contract process can proceed.  If it is not accepted, then the second low bidder will be reviewed for compliance.  See original [[media:BLP-memo-04-07.pdf|'''BLP Memo 04-07''']] - Procedures for DBE Involvement.
After the bids have been opened the Project Manager sends a letter/form to the DBE subcontractor(s) requesting commitment in writing.
{{Exhibit|IV-13.pdf|No. IV-13|is an example of a completed DBE Contract Goals form.}}


The project manager is also to verify that every DBE listed by each bidder is currently certified by KDOT.  The DBE certification directory is updated monthly by KDOT.  The Project Manager shall contact the External EEO Section, Office of Engineering Support, Docking State Office Building, Topeka, KS, (785) 296-7940 for the latest updated listing of DBE firms. The directory can also be found at '''http://www.ksdot.org/divadmin/civilrights''' and should be verified as current revision with External EEO Section.
:[[Media:IV-12b DBE Subcontractor Letter.pdf|'''Exhibit No. IV-12b''']] ''is a sample letter/form to DBE subcontractor(s) to sign and return''.


{{Note|DBE involvement is documented and reported throughout the contract. [[media:IV-13a.pdf|'''Exhibit No. IV-13a''']] is correspondence from KDOT regarding DBE Reporting Requirements.  These requirements appear in subsequent tasks throughout the manual.}}
For additional requirements on KDOT projects {{LPA_citation|10.3.2.4.6.2|[[Media:10.0 LPA-Administered Procedures 2020.pdf|'''10.0 LPA-Administered Procedures''']]}}


== Task No. 14 - Evaluate Possible Contractor Collusion ==
== Task No. 13 - Evaluate Possible Contractor Collusion ==
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The Project Manager shall perform a manual review of all bids received for evidence of collusion. Due to the frequency of specific project work, the Engineering Staff has become well-informed as to the current market value of specific bid items of work within the Johnson County area.
The Project Manager shall perform a manual review of all bids received for evidence of collusion. Due to the frequency of specific project work, the Engineering Staff has become well-informed as to the current market value of specific bid items of work within the Johnson County area.


The City Engineering Staff also maintains itemized records of all bids received and opened for each project. This permits a regular routine comparison by the City Engineering Staff for potential bid rigging by Contractors.  
The City Engineering Staff also maintains itemized records of all bids received and opened for each project. This permits a regular routine comparison by the City Engineering Staff for potential bid rigging by Contractors.
For Bid Analysis Guidelines {{LPA_citation|10.3.2.4.6.1|[[Media:10.0 LPA-Administered Procedures 2020.pdf|'''10.0 LPA-Administered Procedures ''']]}}.


The following is a link to the [https://www.justice.gov/atr/red-flags-collusion '''Department of Justice, Antitrust Division Red Flags of Collusion Checklist'''].


The following is a link to a FHWA Technical Report and shall be used as a guide when evaluating possible contractor collusion. [http://www.fhwa.dot.gov/programadmin/contracts/dotjbid.cfm '''Suggestions for the Detection and Prevention of Construction Contract Bid Rigging''']
The following is a link to a FHWA [http://www.fhwa.dot.gov/programadmin/contracts/ta508046.cfm#s5 '''Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation''']


== Task No. 15 - Obtain Project Temporary Financing ==
== '''Task No. 14 - Determine Disadvantaged Business Enterprises (DBE) Involvement''' ==
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Prior to Contract award by the City Council, the Project Manager shall provide the Finance Department a project cost breakdown as shown in [[media:IV-16c.xlt|'''Exhibit No. IV-16c''']].  The Funding Source(s) and Summary may be obtained from the Capital Improvements Program and executed agency agreements.
For KDOT projects the Project Manager shall email all DBE goal sheets with a bid tab of all bidders to KDOT's Civil Rights Administrator (CRA) assigned to the project. The CRA will review and provide a recommendation on how to proceed. If the DBE goal is not met or exceeded, the apparent low bidder has 48 hours to provide the CRA its written documentation of a good faith effort to meet the DBE goals prior to submitting their bid. If the good faith effort documentation is accepted, the contract process can proceed.  If it is not accepted, then the second low bidder will be reviewed for compliance.
The Project Manager shall determine the amount, if any, of funds which were escrowed for the construction of this project. If funds have been escrowed, the Project Manager shall write a memo to the Finance Department identifying the specific escrow funds which should be transferred to the project account.
 
{{Exhibit|IV-14.pdf|No. IV-14|is an example of a completed DBE Contract Goals form.}}


{{Exhibit|IV-15a.dot|No. IV-15a|is a template for creating the escrow memo.}}
The project manager is also to verify that every DBE listed by each bidder is currently certified by KDOT. The DBE certification directory is updated monthly by KDOT. The Project Manager shall contact the Office of Contract Compliance, Eisenhower State Office Building, Topeka, KS, (785) 296-7940 for the latest updated listing of DBE firms.  The directory can also be found on [https://kdotapp.ksdot.org/dbecontractorlist/ '''KDOT's Website'''] and should be verified as current revision with the Office of Contract Compliance.


== Task No. 16 - Submit Staff Recommendation for Contract Award ==
{{Note|DBE involvement is documented and reported throughout the contract.  [[media:IV-14a.pdf|'''Exhibit No. IV-14a''']] is correspondence from KDOT regarding DBE Reporting Requirements.  These requirements appear in subsequent tasks throughout the manual.}}
 
== Task No. 15 - Project Financing / Escrow Funding ==
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The Consultant/Project Manager shall make a written recommendation to the Department Director for consideration by the City Council. This correspondence shall provide an estimated project cost breakdown by category. If all bids exceed the Engineer’s estimate by more than seven percent, a written explanation must accompany the recommendation.
Throughout the duration of the project and as part of the CIP revision process, the Project Manager shall verify if additional escrow funds become available and that they are allocated appropriately.


{{Note|If the total estimated project cost exceeds the City Council Resolution creating the Improvement District (Project), by more than 10 percent, the ID must be recreated.}}
== '''Task No. 16 - Request Bid Approval from KDOT''' ==
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{{Exhibit|IV-16a.pdf|No. IV-16a|is City Charter Ordinance No. 71.}}
The Project Manager shall forward to the BLP-KDOT the bid tabulation and staff recommendation for contract award.  
{{Exhibit|IV-16b.dot|No. IV-16b|is a sample project cost memo.}}
{{Exhibit|IV-16c.xlt|No. IV-16c|is a sample staff project cost estimate breakdown.}}


For KDOT projects, the bid tabulations will be forwarded to BLP-KDOT for review and concurrence prior to being considered by the City Council (see [[#Task_No._18_-_Receive_Bid_Approval_from_KDOT|'''Phase IV, Task 18''']] and  [[#Task_No._19_-_Receive_Concurrence_and_Award_from_KDOT|'''Phase IV, Task 19''']]).
{{Exhibit|IV-16a.pdf|No. IV-16a|is a sample transmittal letter to BLP-KDOT.}}


== Task No. 17 - Award Contract by City Council ==
{{Exhibit|Checklist for Authority to Award.pdf|No. IV-16b| is a Checklist for Authority to Award.}}
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Subsequent to receiving staff written recommendation, the Department Director will schedule the bid tabulation for City Council consideration. The City Council will award the contract to the lowest responsible and qualified bidder.
{{Exhibit|IV-16c.pdf|No. IV-16c| is a sample form "Authority to Award Contract/Commitment of Federal/State Funds".}}


After the completion of the procurement evaluations, the City Council awards the contract or rejects all bids or proposals received. Notice of the contract award is sent to the successful bidder or proposer and notice of rejection is sent to the unsuccessful bidders or proposers. These notices are sent out within 48 hours, unless there are extenuating circumstances, after City Council award of the contract. Following receipt and approval of the insurance, bonds, and other required submittals, the contract is executed by the authorized official.
== '''Task No. 17 - Receive Concurrence and Award from KDOT''' ==
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:See Land Disturbance Permit Process as it pertains to issuing the LDP once the Contractor has been selected.
The BLP-KDOT shall inform the City, in writing, upon concurrence with the City Staff recommendation regarding the contract award.


:[http://www.opkansas.org/Documents-and-Forms/Detail/Land-Disturbance-Site-Development-Permit-Application '''Exhibit No. II-25d''']''is an application for a Land Disturbance Permit.''
The construction contract shall not be presented to the City Council and executed prior to receiving Authority to Award from KDOT.


For KDOT projects, the bid tabulations will be forwarded to BLP-KDOT for review and concurrence prior to being considered by the City Council. Upon KDOT approval (refer to [[#Task_No._18_-_Receive_Bid_Approval_from_KDOT|'''Task 18''']] and [[#Task_No._19_-_Receive_Concurrence_and_Award_from_KDOT|'''19''']]) the City Council will award the contract to the lowest responsible and qualified bidder.
{{Note|The Project Engineer shall ensure this task is complete.}}


{{Exhibit|IV-17a.dot|No. IV-17a|is a sample award letter sent to the successful bidder.}}
== Task No. 18 - Submit Staff Recommendation for Contract Award ==
{{Exhibit|IV-17b.dot|No. IV-17b|is a sample rejection letter sent to the unsuccessful bidders.}}
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After the contract has been approved by KDOT and awarded by the City Council the Project Manager sends a letter/form to the DBE subcontractor(s) requesting commitment in writing.  Project Manager also sends a DBE Payment Affidavit form to be completed each month by the DBE Contractor (see Phase V, Task 14).
The Project Manager shall make a written recommendation via staff comments, to the Public Works CommitteeIf all bids exceed the Engineer’s estimate by more than seven percent, an explanation from the Consulting Engineer must also be provided.  The Project Manager shall submit the bid tabulation and recommendation to the Public Works Committee.  The Committee recommendation will then be provided to the City Council at their next scheduled meeting.


{{Exhibit|IV-17c.dot|No. IV-17c|is a sample letter/form to DBE subcontractor(s) to sign and return.}}
{{Note|If the total estimated project cost exceeds the City Council Resolution creating the Improvement District (Project), by more than 10%, the ID must be recreated.}}
{{Exhibit|V-14b.pdf|No. V-14b|is a DOT Form 1008:  DBE Payment Affidavit.}}


After the contract has been awarded by KDOT and the City Council the Project Manager sends a letter to the prime contractor requesting a copy of each signed DBE subcontract.
{{Exhibit|Project Cost Estimate 11-20-2015.pdf|No. IV-18|is a sample staff project cost estimate breakdown.}}


{{Exhibit|IV-17d.dot|No. IV-17d|is a sample transmittal letter to prime contractor requesting a copy of each signed DBE subcontract.}}
Refer to [http://online.encodeplus.com/regs/overlandpark-ks/doc-viewer.aspx#secid-6458 '''City Charter Ordinance No. 71'''] for additional information.


== Task No. 18 - Receive Bid Approval from KDOT ==
== Task No. 19 - Award Contract by City Council ==
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The Project Manager shall forward to the BLP-KDOT the bid tabulation and staff recommendation for contract award. The City cannot award a contract until KDOT has reviewed and approved the results of the bid tabulations.
The City Council will either accept the recommendation or reject all bids or proposals received.  Upon acceptance, a notice of the contract award is sent to the successful bidder and a notice of rejection is sent to the unsuccessful bidders. Following receipt of the contract documents and approval of the insurance and bonds by the Contract Specialist, the contract is executed by the authorized official.


{{Exhibit|Iv-18a.dot|No. IV-18a|is a sample transmittal letter to BLP-KDOT.}}
{{Exhibit|Award letter.pdf|No. IV-19a|is a sample award letter sent to the successful bidder.}}
{{Exhibit|Reject letter.pdf|No. IV-19b|is a sample rejection letter sent to the unsuccessful bidders.}}


{{Exhibit|Iv-18b.dot|No. IV-18b|is a sample form "Authority to Award Contract/Commitment of Federal/State Funds".}}
== '''Task No. 20 - Submit Letting Summary Document to KDOT''' ==
 
== Task No. 19 - Receive Concurrence and Award from KDOT ==
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The BLP-KDOT shall inform the City, in writing, upon concurrence with the City Staff recommendation regarding the contract award.
Upon completion of the Letting Phase, the City will provide BLP-KDOT with a “Letting Summary Document” that certifies the letting process has been completed and the contract has been awarded in accordance with the requirements of this Project Procedures Manual, as well as Chapter [[Media:10.0 LPA-Administered Procedures 2020.pdf|'''10.0 LPA-Administered Procedures''']] of KDOT's LPA Project Development Manual, and Sections 102, 103 and 104 of the KDOT's [https://www.ksdot.org/burconsmain/specprov/2015specprov.asp '''Standard Specifications for State Road and Bridge Construction''']. This document shall be submitted to the Project Development Engineer within one month after receiving the Authority to Award document.
'''[http://ppm.opkansas.org/wiki/images/Iv-19.pdf Exhibit No. IV-19]''' is an example of an executed "Authority to Award Contract/Commitment of Federal/State Funds".


{{Note|This task is tracked by KDOT see '''[http://ppm.opkansas.org/wiki/images/Ii-16.xlt Exhibit No. II-16]'''.  The Project Engineer shall ensure this task is complete.}}
In addition, a signed and electronically bookmarked copy of the contract with all required certifications will be submitted to KDOT at this time. A breakout of the project construction costs (Bid Item List) by work type (i.e., roadway, surfacing, bridges,traffic signals, and common items) and with non-participating items marked as such, shall be submitted to BLP at this time. This needs to be as Excel spreadsheet using formulas in the total column (do not hard key the numbers).
 
== Task No. 20 - Submit Letting Summary Document to KDOT ==
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Upon completion of the bidding phase, the City will provide BLP-KDOT with a “Letting Summary Document” along with a breakout of construction costs by work type for participating and non-participating items. The electronic version of the bid tab, broken out by construction type, along with a hard copy shall be sent with the Letting Summary Document.
{{Exhibit|IV-20a.pdf|No. IV-20a| is a sample transmittal letter to KDOT.}}
[http://ppm.opkansas.org/wiki/images/Iv-20a.dot '''Exhibit No. IV-20a'''] is a sample transmittal letter to KDOT.


:'''[http://ppm.opkansas.org/wiki/images/Iv-20b.dot Exhibit No. IV-20b]''' is a sample "Letting Summary Document".
{{Exhibit|IV-20b.pdf|No. IV-20b| is a sample of Letting Summary Document.}}


:'''[http://ppm.opkansas.org/wiki/images/Iv-20c.xlt Exhibit No. IV-20c]''' is a sample "Breakout of Construction Costs by Work Type". (submit to KDOT electronically and hard copy)
{{Exhibit|IV-20c.pdf|No. IV-20c| is a sample of Breakout of Construction Costs by Work Type.}}


:'''[http://ppm.opkansas.org/wiki/images/Iv-20d.pdf Exhibit No. IV-20d]''' is correspondence from KDOT regarding Breakout of Construction Costs.
{{Note|This task is tracked by KDOT. The Project Engineer shall ensure this task is complete.}}


{{Note|This task is tracked by KDOT see '''[http://ppm.opkansas.org/wiki/images/Ii-16.xlt Exhibit No. II-16]'''.  The Project Engineer shall ensure this task is complete.}}
== [[:Category:Phase IV Exhibits|All Phase IV Exhibits]] ==

Revision as of 13:39, 26 October 2022

Home I-Vision II-Preliminary Design III-Final Design IV-Pre-Construction V-Construction VI-Retrospect

Introduction

This phase is referred to by KDOT as the Letting phase and has important legal significance. Legal advertisement with proper publication has to occur prior to a bid opening. KDOT requires contractor pre-qualifications and Contractor collusion evaluation for Federal funded projects.

Bids are tabulated, evaluated and a City staff recommendation is prepared regarding the contract award for presentation to the City Council. If Federal funds are involved, the bids must receive KDOT concurrence prior to consideration by the City Council.

Phase IV Checklist

Task No. 1 - Complete Plans, Specifications and Estimate

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The Consultant/Project Manager shall make all final plan revisions, complete the specifications and prepare the final Engineer’s construction cost estimate. The City project team and consultant will determine what materials the contractor will be required to submit during the construction phase and who will be responsible for reviewing and approving the submittals.

A Stormwater Pollution and Prevention Plan (SWPPP) must be prepared when project disturbs more than 1 (one) acre. A SWPPP template is available for assembling the SWPPP notebook.

See BLP Memo 03-12 Engineer's Professional Seal and Signature on Plans.

Task No. 2 - Selection of Material Testing Firm

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The Project Manager shall verify testing services for each project as required,prepare, and distribute RFPs to at least three qualified private material testing companies in accordance with the Resolution No. 4550.

Exhibit No. IV-2a is a list of materials testing / geotechnical service companies.
Exhibit No. IV-2b is a Notice to Construction Material Testing Firms (RFP).
Exhibit No. IV-2c is the material testing proposal instructions (Exhibit A).
Exhibit No. IV-2d is a sample of the material testing proposal (Exhibit B).
Exhibit No. IV-2e is the material and testing specifications (Exhibit C).
Exhibit No. IV-2f is the Material Sampling and Testing Frequency Chart (Exhibit D).
Exhibit No. IV-2g is the Agreement for Construction Material Testing Services.
Exhibit No. IV-2h is the Supplemental Agreement for Construction Material Testing Services.

Task No. 3 - Set Bid Opening Date - Schedule Room

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The Project Manager in conjunction with the Contract Specialist will determine the bid opening date. The Contract Specialist will schedule the Council Chambers for receiving bids. The bid opening time and location will be included in the legal publication.

The Project Manager shall determine if a pre-bid conference is required prior to preparing the notice to bidders. If one is required, it shall be scheduled approximately one week prior to the bid opening. The Notice to Bidders shall give this date as information to potential bidders and will serve as the invitation to this meeting. It shall be determined by the Project Manager whether attendance will be a requirement for submitting a bid.

See Planning Bid and Contract Award Schedules for the bidding/contract award process timeline.

Task No. 4 - Publish Legal Advertisement

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Generally, the project is advertised approximately 3 weeks prior to the scheduled bid opening. The Contract Specialist will provide the Notice to Bidders electronically to the City Clerk by 12:00 pm Thursday so arrangements can be made for publication in the Tuesday edition of the The Legal Record. The Contract Specialist shall check the newspaper on the day of scheduled publication to make sure the notice was published.

For KDOT projects, advertisement shall also be in the Kansas Register, 30 days prior to the scheduled bid opening. Kansas Register publications are released on Thursdays. The Notice to Bidders shall be emailed to the Kansas Register (kansasregister@ks.gov) one week prior to scheduled advertisement.

Task No. 5 - Notice to Contractors/DBE Firms

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The Contract Specialist/Administrative Assistant shall provide a copy of the Notice to Bidders either by email or regular mail to the firms in the Bidders List.

Exhibit No. IV-5a is a list of contractors for Street and Bridge projects.
Exhibit No. IV-5b is a list of contractors for Storm Sewer projects.
Exhibit No. IV-5c is a list of contractors for Sidewalk and Curb projects.
Exhibit No. IV-5d is a list of contractors for Streetlight projects.
Exhibit No. IV-5e is a list of contractors for Traffic Signal projects.
Exhibit No. IV-5f is a list of contractors for Traffic Signal and Streetlighting Equipment.
Exhibit No. IV-5g is a list of contractors for Fiber Optic projects.
Exhibit No. IV-5h is a list of contractors for Demolition projects.
Exhibit No. IV-5i is a list of contractors for Building projects.
Exhibit No. IV-5j is a list of contractors for Building Mechanical Systems projects.
Exhibit No. IV-5k is a list of Architects. (replace with current list when available)
Exhibit No. IV-5l is a list of plan rooms associated with DBE contractors. They are to receive a copy of the Notice to Bidders.

Task No. 6 - Distribute Plans, Contract Documents and Estimate

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The plans/contract documents shall be made available through QuestCDN for current rate set by QuestCDN. This information shall be included in the Notice to Bidders.

For projects that are bid using hard copy bids, plans/contract documents are distributed by the office that prepared the plans/contract documents to potential bidders. The Consultant/Project Manager shall establish a fair price for the plans/contract documents which amount shall not be refundable. This amount shall be included in the Notice to Bidders.

The plan holders list will be available through QuestCDN for projects that bid electronically. For hard copy bids, the Consultant or City who is distributing/selling the plans shall keep a list of all plan holders.

The final Engineer’s construction cost estimate shall be provided to the Contract Specialist in either Word or Excel format at least four days prior to the bid opening. This estimate shall also be printed and provided in sealed envelope for the bid opening.

Exhibit No. IV-6 is a template for Engineer’s Estimate.
GeekNotesIcon.png Note: Engineer's Estimate shall be signed and stamped by the PE

After the City Council has awarded the Contract, the original estimate is forwarded to the City Clerk’s office and a copy placed in the project file.

Task No. 7 - Conduct Pre-Bid Conference

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If a pre-bid conference is scheduled by the Project Manager, an agenda shall be prepared and distributed at the beginning of the meeting.

Exhibit No. IV-7a is a sample Pre-Bid Conference Agenda.
Exhibit No. IV-7b is a meeting sign in sheet.
The following issues are appropriate to discuss:
  • Project scope/requirements,
  • Any unusual contract requirements,
  • Any unusual work requirements,
  • Utility related questions,
  • Contract completion date,
  • Traffic control plan(s), and
  • Contractor/bidder questions.

The representatives from the utility companies shall be invited to the pre-bid conference.

Coordinate with Engineering Services for development projects permitted in the area.

GeekNotesIcon.png Note: When scheduling meeting in Google calendar, in order to avoid conflicts with utility meetings, CH-PW Utilities (found under Rooms tab) shall be "invited" as an attendee to pre-bid conferences, pre-construction conferences or any meetings that require utility company attendance.

Task No. 8 - Determine Contractor/Sub-Contractor Qualifications - KDOT Projects

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For a KDOT project, the prime Contractor selected to perform the work, shall be on the KDOT's latest qualification list for class of work. The City shall obtain from the Bureau of Construction and Maintenance, KDOT, the latest list of Pre-Qualified Contractors to perform the class of work involved with the project. The directory can also be found on KDOT's Website.

For plans obtained through electronic bidding process, the Contract Specialist at the time the project is added to QuestCDN will answer YES to the Prequalification Required field. When a Contractor requests plans, the system will put them on hold until the Contract Specialist looks them up in the Pre-Qualified Contractors list. If it is determined that the contractor is qualified, the Contract Specialist marks them as APPROVED and notifies the contractor that they can now download plans. If the contractor is a sub-contractor, they will be allowed to download plans.

Exhibit No. IV-8 is an example of KDOT's Class or Classes of Work.

For a KDOT project, all contractors and sub-contractors working on any State/Federal-Aid project must have an EEO policy on file with the Office of Civil Rights Compliance. Each contractor and sub-contractor is responsible for submitting annually their company's EEO policy on their company letterhead, a letter of appointment of the company's EEO officer, and the DOT 1049 CFR Form. A contractor or sub-contractor with 50 or more employees shall have an Affirmative Action Plan.

The BLP PM will notify the City if a contractor does not have a policy on file. No contractors will be allowed to work on the project until the Office of Civil Rights Compliance verifies that they have a policy on file.

Contact KDOT's Office of Civil Rights Compliance with any questions (785-296-7940).

Task No. 9 - Prepare Contract Addendum

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The Consultant/Project Manager, as a result of the Pre-Bid Conference or other Contractor inquires/suggestions, may make final contract document changes, prior to the bid opening, by issuing an addendum. The addendum shall be prepared and provided electronically through QuestCDN to all plan holders of record. For federal-aid projects all addenda must be submitted to the Bureau of Local Projects for prior approval before being distributed to plan holders. See BLP Memo dated 6-17-2010.

Addenda will be issued no later than four days prior to the date for receipt of bids, except an addendum withdrawing the request for bids or one which includes postponement of the date to receive bids.

Exhibit No. IV-9 is a sample of contract addendum cover page.

The Davis Bacon Wage Determinations used for KDOT projects shall be those in effect no more than ten days prior to the letting. If modifications have been made since advertisement an addendum showing the current Wage Determinations shall be issued.

Task No. 10 - Complete Bid Opening

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One or two days prior to the bid opening date, the Contract Specialist will prepare a bid tabulation form.

If addenda to the contract documents have been issued by the Consultant/Project Manager, this must be indicated on the bid tab.

In accordance with state laws and regulations the bids are opened and read by the City Clerk and recorded by the Contract Specialist and at least one member of the City Clerk’s office.

Exhibit No. IV-10 is a sample bid summary form.

Task No. 11 - Complete Detailed Bid Tabulation

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Subsequent to the bid opening, the Contract Specialist shall prepare a detailed bid tabulation from the submitted bids on QuestCDN.

This detailed bid tabulation shall be in the same format as the contract document bid form. When a bid is entered on the QuestCDN site, the accuracy of the bid is checked and error messages are provided to the bidder prior to submitting their bid.

For hard copy bids, the Consultant/Project Engineer shall prepare a detailed bid tabulation from the submitted bids. This detailed bid tabulation shall be in the same format as the contract document bid form.The accuracy of the contractor's multiplication and addition shall be checked and confirmed, and any errors corrected/marked on the original bid proposal.

Bids for materials or equipment that include variances or exceptions will be reviewed by either the Project Manager or the appropriate Maintenance Superintendent to determine if the proposal meets the contract documents and specifications.

The Engineer’s estimate shall also be included on the bid tabulation.

The detailed bid tabulation on all projects is to remain confidential prior to acceptance by the City Council, then all information is public.

Exhibit No. IV-11 is a sample detailed bid tabulation.

Task No. 12 - Determine and Approve the Lowest and Best Qualified Contractor
and Subcontractor Percent of Work

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For non-KDOT projects, the Project Manager shall determine if the low bid Contractor has performed similar and satisfactory work for the City of Overland Park or other cities in the Kansas City Metro area. Critical Contractor information to be obtained is as follows:

  • materials/products used tested satisfactory,
  • contractor staking skills,
  • pavement smoothness/rideability,
  • punchlist items handled quickly/professionally,
  • public relations skills,
  • name of project superintendent capabilities/skills/years of experience/type of projects,
  • work completed within contract time period,
  • possible bid rigging,
  • current projects underway,
  • references for projects completed for public agencies in the Kansas City Metro area during the last two years, and
  • list of available equipment.

Immediately after the bid opening the Project Manager shall prepare a Sub-contractor Breakdown Form and forward it to the apparent low bidder. The apparent low bidder shall complete the form showing all sub-contractors, if any, their address, associated bid item numbers, and bid item amount the sub-contractor is to perform.

LPA Sub-Contractor Approval Form - to be completed by the apparent low bidder, returned to the City, and forwarded to BLP. (KDOT Project)
Exhibit No. IV-12a is a Subcontractor Breakdown Form to be completed by the apparent low bidder. (Non-KDOT Project)
GeekNotesIcon.png Note: The Project Engineer shall ensure this task is complete. The proposals shall be considered in accordance with Section 103.1 of KDOT's Standard Specifications for State Road and Bridge Construction.

For KDOT Projects this task is tracked by KDOT.

After the bids have been opened the Project Manager sends a letter/form to the DBE subcontractor(s) requesting commitment in writing.

Exhibit No. IV-12b is a sample letter/form to DBE subcontractor(s) to sign and return.

For additional requirements on KDOT projects refer to Section 10.3.2.4.6.2, Chapter 10.0 LPA-Administered Procedures of KDOT's LPA Project Development Manual.


Task No. 13 - Evaluate Possible Contractor Collusion

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The Project Manager shall perform a manual review of all bids received for evidence of collusion. Due to the frequency of specific project work, the Engineering Staff has become well-informed as to the current market value of specific bid items of work within the Johnson County area.

The City Engineering Staff also maintains itemized records of all bids received and opened for each project. This permits a regular routine comparison by the City Engineering Staff for potential bid rigging by Contractors.

For Bid Analysis Guidelines refer to Section 10.3.2.4.6.1, Chapter 10.0 LPA-Administered Procedures of KDOT's LPA Project Development Manual. .

The following is a link to the Department of Justice, Antitrust Division Red Flags of Collusion Checklist.

The following is a link to a FHWA Guidelines on Preparing Engineer's Estimate, Bid Reviews and Evaluation

Task No. 14 - Determine Disadvantaged Business Enterprises (DBE) Involvement

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For KDOT projects the Project Manager shall email all DBE goal sheets with a bid tab of all bidders to KDOT's Civil Rights Administrator (CRA) assigned to the project. The CRA will review and provide a recommendation on how to proceed. If the DBE goal is not met or exceeded, the apparent low bidder has 48 hours to provide the CRA its written documentation of a good faith effort to meet the DBE goals prior to submitting their bid. If the good faith effort documentation is accepted, the contract process can proceed. If it is not accepted, then the second low bidder will be reviewed for compliance.

Exhibit No. IV-14 is an example of a completed DBE Contract Goals form.

The project manager is also to verify that every DBE listed by each bidder is currently certified by KDOT. The DBE certification directory is updated monthly by KDOT. The Project Manager shall contact the Office of Contract Compliance, Eisenhower State Office Building, Topeka, KS, (785) 296-7940 for the latest updated listing of DBE firms. The directory can also be found on KDOT's Website and should be verified as current revision with the Office of Contract Compliance.

GeekNotesIcon.png Note: DBE involvement is documented and reported throughout the contract. Exhibit No. IV-14a is correspondence from KDOT regarding DBE Reporting Requirements. These requirements appear in subsequent tasks throughout the manual.

Task No. 15 - Project Financing / Escrow Funding

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Throughout the duration of the project and as part of the CIP revision process, the Project Manager shall verify if additional escrow funds become available and that they are allocated appropriately.

Task No. 16 - Request Bid Approval from KDOT

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The Project Manager shall forward to the BLP-KDOT the bid tabulation and staff recommendation for contract award.

Exhibit No. IV-16a is a sample transmittal letter to BLP-KDOT.
Exhibit No. IV-16b is a Checklist for Authority to Award.
Exhibit No. IV-16c is a sample form "Authority to Award Contract/Commitment of Federal/State Funds".

Task No. 17 - Receive Concurrence and Award from KDOT

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The BLP-KDOT shall inform the City, in writing, upon concurrence with the City Staff recommendation regarding the contract award.

The construction contract shall not be presented to the City Council and executed prior to receiving Authority to Award from KDOT.

GeekNotesIcon.png Note: The Project Engineer shall ensure this task is complete.

Task No. 18 - Submit Staff Recommendation for Contract Award

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The Project Manager shall make a written recommendation via staff comments, to the Public Works Committee. If all bids exceed the Engineer’s estimate by more than seven percent, an explanation from the Consulting Engineer must also be provided. The Project Manager shall submit the bid tabulation and recommendation to the Public Works Committee. The Committee recommendation will then be provided to the City Council at their next scheduled meeting.

GeekNotesIcon.png Note: If the total estimated project cost exceeds the City Council Resolution creating the Improvement District (Project), by more than 10%, the ID must be recreated.
Exhibit No. IV-18 is a sample staff project cost estimate breakdown.

Refer to City Charter Ordinance No. 71 for additional information.

Task No. 19 - Award Contract by City Council

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The City Council will either accept the recommendation or reject all bids or proposals received. Upon acceptance, a notice of the contract award is sent to the successful bidder and a notice of rejection is sent to the unsuccessful bidders. Following receipt of the contract documents and approval of the insurance and bonds by the Contract Specialist, the contract is executed by the authorized official.

Exhibit No. IV-19a is a sample award letter sent to the successful bidder.
Exhibit No. IV-19b is a sample rejection letter sent to the unsuccessful bidders.

Task No. 20 - Submit Letting Summary Document to KDOT

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Upon completion of the Letting Phase, the City will provide BLP-KDOT with a “Letting Summary Document” that certifies the letting process has been completed and the contract has been awarded in accordance with the requirements of this Project Procedures Manual, as well as Chapter 10.0 LPA-Administered Procedures of KDOT's LPA Project Development Manual, and Sections 102, 103 and 104 of the KDOT's Standard Specifications for State Road and Bridge Construction. This document shall be submitted to the Project Development Engineer within one month after receiving the Authority to Award document.

In addition, a signed and electronically bookmarked copy of the contract with all required certifications will be submitted to KDOT at this time. A breakout of the project construction costs (Bid Item List) by work type (i.e., roadway, surfacing, bridges,traffic signals, and common items) and with non-participating items marked as such, shall be submitted to BLP at this time. This needs to be as Excel spreadsheet using formulas in the total column (do not hard key the numbers).

Exhibit No. IV-20a is a sample transmittal letter to KDOT.
Exhibit No. IV-20b is a sample of Letting Summary Document.
Exhibit No. IV-20c is a sample of Breakout of Construction Costs by Work Type.
GeekNotesIcon.png Note: This task is tracked by KDOT. The Project Engineer shall ensure this task is complete.

All Phase IV Exhibits