Loading...
HomeMy WebLinkAboutRFQPrivateSideContractors I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 1 of 6 Water Utility 2024 – 2025 Request for Qualifications (RFQ) Updated to Include BABA Requirements Licensed Plumbers/Utility Contractors Interested in Participating in the Private-Side Lead Service Line Replacement Program This RFQ is valid for the 2024 through 2025 calendar years Financial Assistance for Private- Side Lead Service Line Replacement program. Program Background The City of Oshkosh Water Utility (City) is seeking qualifications from licensed plumbers/utility contractors who are interested in performing private-side lead service line replacement (LSLR) work. The Wisconsin Department of Natural Resources (WDNR) has made funds available through the Safe Drinking Water Loan Program and the Bipartisan Infrastructure Law (SDWLP/BIL) to municipalities to help offset the cost of replacing the privately-owned portions of lead water service lines. Only licensed plumbers/utility contractors providing appropriate responses to this RFQ will be placed on a list of Pre-Qualified Contractors to perform the LSLR work. The City encourages Disadvantaged Business Enterprises (DBE’s), including Minority Business Enterprises (MBE’s) and Women’s Business Enterprises (WBE’s), to pre-qualify for the purpose of being included in the Project. Property Approval Required Prior To the Start of Work Properties must be approved for financial assistance eligibility prior to work commencing on the private-side LSLR to ensure Federal requirements for Endangered Species Review, Archeological/Historical Review, and Waterway/Wetland Review have been completed. Any prior approvals are not valid. Contractors will know if the property has been approved by the City if the property owner produces the approval letter sent to them by the City with the WDNR conditions of approval. The City will also provide a weekly update of approved addresses to pre-qualified contractors via e-mail. If the property is eligible for financial assistance, owners of properties will be able to contract directly with a licensed plumber/utility contractor on the list of Pre-Qualified Contractors. Once the work is completed, eligible costs up to $5,400 will be directly paid by the City to the Contactor. The property owner must enter into a loan agreement with the City to repay half of the cost. Many of the LSLRs will be completed in conjunction with the City’s Capital Improvement Program (CIP). For properties within the City’s CIP, the City is working with the WDNR to have the required reviews done prior to construction to expedite the approval process. I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 2 of 6 Please note: New this year, public- and private-side LSLR should be completed within 90 days of either side becoming lead free and must be done within 180 days of either side becoming lead free. Failure to complete the LSLR within 180 days will result in the property not being eligible for financial assistance. Coordination and cooperation between the City’s Project contractor and the LSLR Contractors will be critical. Partial replacements completed prior to August 8, 2024 do not have the 180-day requirement. Property owners wishing to do LSLR in these instances still need to be approved for financial assistance eligibility and must have received confirmation of approval from the City, prior to conducting the LSLR. The approval packet may contain additional conditions that must be followed to ensure eligibility. Failure to receive the approval packet from the City prior to starting LSLR may result in the City not providing financial assistance. If the LSLR will be performed after the completion of the City’s CIP contracts, the City will make every effort to extend the newly-constructed water services approximately five feet (5’) beyond the right-of way and reconnect to the existing private-side lead water service at that point. As part of the City construction projects, concrete driveway approaches and portions of the concrete walk may be replaced. The terrace areas and any disturbed lawn area behind the sidewalk will be re-graded, fertilized, seeded, and mulched. Engineering Division staff will complete a post-construction walk-through of the newly- constructed streets and will note any defects relating to the work performed by the City’s contractor. These defects will be given to the general contractor in the form of a punch list for them to correct. Where water services were extended beyond the right-of-way, the City does not anticipate any damage to occur to the newly-constructed sidewalk or driveway approaches when the LSLR Contractor performs the private-side LSLR. At locations where the water service could not be extended beyond the right-of-way, the LSLR Contractor may need to take greater care not to damage the completed City work. Any damage to the newly-constructed utilities, street, sidewalk, or driveway approaches are the responsibility of the LSLR Contractor to repair at no cost to the City. Due to the nature of construction activities that will need to take place while completing the private-side LSLR, we do anticipate the LSLR Contractor may disturb small portions of the newly-seeded areas where the connection to the new water service is located. These areas must be restored to a condition similar to that existing prior to starting the work. This may require the LSLR Contractor to re-grade the disturbed areas and re-seed, fertilize, and mulch. They may even need to remove and replace sections of concrete or asphalt pavement. The cost for these activities should be incorporated into the bid price of the private-side LSLR. I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 3 of 6 Program Funding Requirements Based on SDWLP/BIL LSLR project requirements, the City may pay for eligible costs when a property owner contracts directly with a Pre-Qualified LSLR Contractor. To comply with the SDWLP/BIL, the City requires the Pre-Qualified LSLR Contractors perform the work in accordance with the following: 1. Properties must be approved to ensure eligibility for the financial assistance due to Federal funding requirements of the program. Work performed prior to approval may not be eligible for financial assistance. Some properties may not qualify for financial assistance, the review process may take additional time, and/or some properties may have additional conditions placed upon the property. 2. Work to be performed by a licensed plumber under Section SPS 305.90, Wis. Adm. Code, or utility contractor under Section SPS 305.91, Wis. Adm. Code. 3. Work to be performed in accordance with the plumbing code requirements found in Sections SPS 381 – 387, Wis. Adm. Code. 4. All work for electrical grounding shall conform to NEC Section 250, Wis. Adm. Code Section SPS 316.250, and any other applicable codes. LSLR Contractor shall coordinate with a licensed electrician to verify electrical service is grounded per NEC code prior to replacing lead water service line. An electrical permit is required if grounding of electrical service needs to be done. This work will need to be completed before payment for the LSLR will be made. 5. Work to be performed in accordance with all applicable OSHA requirements/standards. 6. Adequate financial records shall be established and maintained in accordance with the Municipal SDWLP Financial Assistance Agreement. Adequate financial records shall include property address; water service line replacement location, material, size, and length; and material and labor costs. 7. Once the work is completed, the LSLR Contractor shall make arrangements for a final inspection with the City’s Inspection Services Division. 8. The City is required to certify that the LSLR Contractors performing LSLR work will comply with the Use of American Iron and Steel Provisions of P.L. 114-113 Consolidated Appropriations Act, 2016.  This requirement means that, if the current private-side lead water service is replaced with a galvanized iron water service, additional information will be required from the LSLR Contractor to document the source of the galvanized iron in order to maintain the property owner’s eligibility for financial assistance. The City highly recommends that the lead water services are not replaced with a galvanized iron water service. 9. New this year, the City is required to certify that the LSLR contractors performing LSLR work will comply with the Build America, Buy America (BABA) requirements of Title IX of the Infrastructure Investment and Jobs Act, Public Law No. 117-58 § 70901-52. Attached to this RFQ is a memorandum from the EPA with the subject “Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs”. This document provides direction to contractors to meet BABA requirements, including examples of classification of various materials. The City highly recommends you work with your suppliers to obtain BABA compliance certifications. I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 4 of 6 All BABA-covered items must be tracked by the Contractor. Below is a summary of BABA- covered items. Up to five percent (5%) of the total Project cost is allowed to be non-BABA compliant. The City will provide a Microsoft Excel spreadsheet to all LSLR contractors to use to track the BABA and de minimis amounts. BABA-covered items include Iron and Steel, Manufactured Products, and Construction Materials, unless excluded. Items should only be classified into one (1) of the three (3) categories. BABA applies to items consumed in, incorporated into, or affixed to a LSLR replacement (aka permanently incorporated). It does not apply to items brought to and removed from the construction site prior to completing the LSLR. Following is a summary of BABA compliance guidance for each category:  Iron and Steel i. Items that are predominantly iron or steel, unless another standard applies under law or regulation. ii. To comply, all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States.  Manufactured Products i. Manufactured in the United States. ii. To comply, cost of components that are mined, produced, or manufactured in the United States must be greater than fifty-five percent (55%) of the total cost of all components of the manufactured product.  Construction Materials i. Includes: 1. Non-ferrous metals. 2. Plastic and polymer-based products. 3. Glass. 4. Lumber. 5. Drywall. ii. Excludes: 1. Items made primarily of Iron or Steel (must comply with above guidance). 2. Manufactured Products (must comply with above guidance). 3. Cement and cementitious materials. 4. Aggregates such as stone, sand, or gravel. 5. Aggregate binding agents/additives. iii. To comply, all manufacturing processes must occur in the United States. 10. The entire water service will need to be lead-free prior to the City paying the LSLR Contractor. Davis-Bacon Wage Rate Requirements Funding for private-side lead water service line replacement is being provided by the SDWLP/BIL. Therefore, in some cases, Federal Davis-Bacon wage rate requirements will apply to the LSLR Contractor and all subcontractor(s) performing this work. I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 5 of 6 The Federal Davis-Bacon wage rate requirements will apply in the following circumstance:  The property is owned by a business entity (Inc., LLC, etc.); will be using a LSLR Contractor and subcontractor(s) that has employees (who are not owners of those firms); and an owner of that LSLR Contractor and subcontractor(s) did not perform one hundred percent (100%) of the work. Davis-Bacon wage rate requirements will not apply in the following circumstances:  The property is owned by an individual or individuals.  The property is owned by a business entity (Inc., LLC, etc.) and an owner of the LSLR Contractor and subcontractor(s) completing the work completes one hundred percent (100%) of the work.  The total cost of the LSL replacement is less than two thousand dollars ($2,000). The City will assist in determining property ownership and whether or not the Davis-Bacon wage rate requirements apply. The LSLR contractor and subcontractor(s) must obtain a copy of the Davis-Bacon wage rate determination that is in effect when they sign the contract for the work that requires compliance with the Davis-Bacon wage rates, which must be submitted to the City with the financial assistance application form. The Davis-Bacon wage rates can be located at the following website: https://sam.gov/content/wage-determinations. Under “I do not know the number”, select “Public Building or Works” on the first screen and the DBA construction type to be selected on the second screen is “Residential”. The LSLR Contractor and subcontractor(s) must also provide a certified payroll to the City with the financial assistance application form. Please contact the City to get the required certified payroll form. Summary of Significant Changes From Past Years  To be eligible for financial assistance both the public-side and private-side must be lead free and completed within one hundred eighty (180) days of each other. Partial replacements completed prior to August 8, 2024 are exempt from the 180-day requirement.  All approved properties will get approval packet from City!  The program no longer will reimburse property owners. City will pay LSLR Contractor directly, up to $5,400, provided all conditions are met. Costs above this must be paid by the property owner to the LSLR Contractor. The new program requires the property owner to enter into a loan agreement with the City. Property owners will be provided a copy of the loan document at the time they are approved.  LSLR Contractors will submit payment application (property owner must also sign) along with detailed invoice and BABA compliance documentation. Upon receipt of the payment I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 6 of 6 application and the other required documentation, the City will schedule a closing date with the property owner to complete the loan process. Once the closing has been held, the City will then pay the Contractor. o See Item 6 above for the required items to be included on the invoice. Only LSLR- related expenses can be included on the invoice. Including non-LSLR related expenses on the invoice will, at a minimum, delay payment and will likely require paperwork to be redone. Worst case scenario may be denial of payment by City. o Contractor must submit BABA-tracking spreadsheet paperwork with each payment application. All Subcontractors listed must also have their BABA-tracking spreadsheet attached. The total of non-BABA compliant materials shall be no more than five percent (5%). The spreadsheet calculates the percentage. A paper copy is attached for reference. o If Contractor prefers, they may also submit the documentation received from their suppliers confirming BABA-compliant materials with the BABA-tracking spreadsheet. Submitting this information to the City may result in the Contractor not being contacted by the City or the EPA’s auditor if the City’s LSLR Program is audited by the EPA.  Limited financial assistance is available for those who qualify through HUD as very low income. This program will be through the City’s Department of Community Development and will utilize Community Development Block Grant (CDBG) funds. This financial assistance must be applied for through the City’s Department of Community Development. The property owner must use a current Pre-Qualified LSLR Contractor and follow all CDBG rules. I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 1 of 2 Water Utility 2024 –2025 Request for Qualifications (RFQ) Updated to Include BABA Requirements Licensed Plumbers/Utility Contractors Interested in Participating in the Lead Service Line Replacement Program Minimum RFQ Information Requirements Licensed plumbers/utility contractors interested in performing LSLR work funded by SDWLP/BIL should submit a response to this RFQ by including, at a minimum, the following information: ____________________________________________________ Name of plumbing/contracting business ___________________________________________________________ Name of plumbing/contractor business owner or registered agent _________________________________________________________________________________ Address City State Zip __________________________________________________________________________________ Phone Fax email _______________________________________________________ Plumbing/contractor license number _______________________ _____________________________ Number of years licensed Number of years in business Briefly describe your plumbing/contractor organization, size, and structure: _________________________________________________________________________________________ _________________________________________________________________________________________ In order to assist with determining whether the Federal Davis-Bacon wage requirements apply, please list the number of employees in your firm, including owners: ________________________________________________________________________________________ I:\Engineering\Lead Service Lateral Replacement\Prequalifications\2024-2025 (BABA Req)\2024-2025 RFQ-Private-Side Contractors_10-10-24.docx Page 2 of 2 How many of these employees are owners of at least 20% of your firm? ________________________________________________________________________________________ Provide the number of years your firm has been engaged in performing LSLR work: ________________________________________________________________________________________ How many new water service line installations and water service line replacements has your plumbing/utility contracting business performed in the last three (3) years? _______________________ ________________________ New Replacements Is your Company a certified DBE, WBE, or MBE company? ___Yes ___No Other qualifying information that would be helpful for this Program: ______________________________________________________________________________________ _______________________________________________________________________________________ Approval of each individual property by the WDNR and the City for LSLR work is required to ensure eligibility for program financial assistance prior to commencement of LSLR work. All property owners will receive an approval package from the City. Signature of Officer/Owner of the business: ________________________________________ Return completed RFQ via mail or email to: Tracy Taylor Department of Public Works City of Oshkosh PO Box 1130 Oshkosh, WI 54903-1130 E-Mail: ttaylor@oshkoshwi.gov APPROVED BY: _______________________________________ Date ___________________ Director of Public Works Build America Buy America (BABA) Tracking Private Side Lead Service Line Replacement Customer Name:John Doe Customer Service Identifier/Site Address:1234 Nowhere Dr, Oshkosh Contractor Name:Plumber Date Work Completed:9/12/2024 Item No. BABA Tracked Product Description Domestic (enter"Y" for yes) DeMinimis (enter"Y" for yes) Choose only one 1 1" pex pipe Y 25 $1.25 $31.25 $0.00 2 1" Valve Y 1 $50.00 $50.00 $0.00 3 pipe fittings Y 3 $18.00 $54.00 $54.00 4 tracing wire Y 25 $0.55 $13.75 $13.75 5 90 degree 1" bend Y 1 $20.00 $20.00 $0.00 6 $0.00 $0.00 7 $0.00 $0.00 8 $0.00 $0.00 9 $0.00 $0.00 10 $0.00 $0.00 11 $0.00 $0.00 12 $0.00 $0.00 13 $0.00 $0.00 14 $0.00 $0.00 15 $0.00 $0.00 16 $0.00 $0.00 17 $0.00 $0.00 18 $0.00 $0.00 19 $0.00 $0.00 20 $0.00 $0.00 Material Cost $169.00 $67.75 Subcontractor Table Total BABA Subcontractor Material Cost Total Subcontractor DeMinimis 1 150.00$ 101.25$ 2 50.00$ 50.00$ 3 Sub totals $200.00 $151.25 Materials Totals $369.00 $219.00 Total Project Cost, (Amount Billed to Property Owner):4,450.00$ Total Cost of All De Minimis Items (added from entries above):$219.00 Percent of Project Cost in DeMinimis Items:4.921% ____________________________________________________ Plumbing Contractor Signature The purpose of this spreadsheet is to document and track the total material cost of the customer's service line replacement, the items that are documented as having been produced domestically, and the amount and percentage of products that are claimed under the "de minimis" waiver from the BABA requriement meaning that they are either of foreign origin or of unknown origin. Only fill/edit cells highlighted in green! Items claimed as de minims shall represent no more than five percent of the total project cost. Quantity Unit Cost Total BABA Material Cost DeMinimis Cost Subcontractor Name - Note each subcontractor must supply a copy of this form with the above area filled in with their itemized materials Electrician Conrete Sidewalk Repair I:\Engineering\Lead Service Lateral Replacement\2024 Program\Private side LSLR_BABA_Tracking