Loading...
7177 - Addendum # 1 - Bid Invitation - Specifications, Pricing, etc7177 RFP for Street Reconstruction Project Issue Date:10/15/2019 Questions Deadline:11/11/2019 02:00 PM (CT) Response Deadline:11/14/2019 11:00 AM (CT) Contact Information Contact:Laura Hermosillo Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7133 Email:laura.hermosillo@cityofdenton.com Page 1 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Event Information Number:7177 Title:RFP for Street Reconstruction Project Type:Request for Proposal Issue Date:10/15/2019 Question Deadline:11/11/2019 02:00 PM (CT) Response Deadline:11/14/2019 11:00 AM (CT) Notes:The City highly recommends that respondents do not wait until minutes before the due date and time to submit proposal. The submittal process may take significant time. The City is seeking a one year contract for Street Reconstruction Projects to be completed over the contract term. In accordance with the provisions of Texas Local Government Code, Chapter 252 and 271, the City of Denton (the City) is requesting submissions to contract with an individual or business with considerable experience in providing goods or services of this solicitation. The responses and the cost solutions shall be submitted to the City of Denton in a sealed submission. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall have the ability to accomplish all aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. A firm may submit a solicitation response for one or more of the categories of product or services requested in this solicitation. Ship To Information Address:901B Texas Street Denton, TX 76209 Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 96201-4299 Bid Activities Pre-Bid Conference 11/5/2019 2:00:00 PM (CT) A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre-solicitation conference is strongly encouraged prior to submission of a response. The conference will be held in the Service Center Training Room, 901A Texas Street, Denton, Texas 76209 Page 2 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Bid Attachments RFP 7177 - SCOPE OF WORK.pdf View Online 7177 - Scope of Work (SOW) RFP 7177 - SOW Exhibit A - Work Plan Summary.pdf View Online 7177 - SOW Exhibit A - Work Plan Summary RFP 7177 - SOW Exhibit B - Construction Progress Schedule.pdf View Online 7177 - SOW Exhibit B - Construction Progress Schedule RFP 7177 - SOW Exhibit C - Construction Staking and Survey.pdf View Online 7177 - SOW Exhibit C - Construction Staking and Survey RFP 7177 - SOW Exhibit D - Storm Water Pollution Prevention.pdf View Online 7177 - SOW Exhibit D - Storm Water Pollution Prevention RFP 7177 - SOW Exhibit E - Testing and Inspection Services.pdf View Online 7177 - SOW Exhibit E - Testing and Inspection Services RFP 7177 - SOW Exhibit F - Project Schedule Answer Sheet.pdf View Online 7177 - SOW Exhibit F - Project Schedule Answer Sheet RFP 7177 - Appendix A - Insurance Requirements.pdf View Online 7177 - Appendix A - Insurance Requirements RFP 7177 - Sample Contract.docx View Online 7177 - Sample Contract Project Information Form.docx View Online Project Information Form Substitute_W-9_Form_10.18.18.pdf View Online Substitue w-9 Conflict_of_Interest_Questionaire.docx View Online Conflict of Interest Questionnaire Safety_Record.docx View Online Safety Record Requested Attachments 7177 - SOW Exhibit F - Project Schedule Answer Sheet (Attachment required) Fill out and attach Exhibit F 7177 - Comprehensive Work Plan/Project Shedule. (Attachment required) Provide a narrative that outlines your ability to timely start and complete the project. This includes the schedule to complete project and may include ability to meet required milestones of completion. A project schedule and work plan must be submitted with proposal that shows how the contractor will complete all work within a one year period. Project Schedule must justify responses to Exhibit F, and must follow Scope of Work and Exhibit B submittal requirements. Equipment Schedule (Attachment required) The respondent shall provide an equipment schedule. The schedule shall include the year, make, model and description of the equipment. Page 3 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Safety Record (Attachment required) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the written definition and criteria as shown in the Safety Record Questionnaire for accurately determining the safety record of a respondent prior to awarding City contracts. Conflict of Interest Questionnaire (Attachment required) The individual or business must disclose any business relationship that would have an effect, of a conflict of interest. Please attach a signed copy of the conflict of interest questionnaire. Substitute W9 (Attachment required) This will be used if awarded to set you up in our system. Bid Attributes 1 SECTION 1 General Information 2 Contract Term It is the intention of the City of Denton to award a contract for construction of the projects as described in the specifications. The Contract shall commence upon the issuance of a Notice to Proceed by the City of Denton. It is the intention of the City of Denton to award a contract for one (1) year and for all work outlined in the work plan to be completed in a one (1) year period. At the sole option of the City of Denton, the Contract may be further extended as needed, not to exceed a total of six (6) months. 3 Pricing Only firm pricing with no escalation will be accepted for these goods or services. Price decreases are allowed at any time. 4 Price Adjustments Price adjustments will not be allowed for this project unless a change in scope is approved that increases or decreases the amount of work required. Requests for changes in scope must be submitted in writing with documentation that provides justification for the change and supporting evidence that describes the basis for the cost change. Upon receipt of such request, the City of Denton reserves the right to either: accept the proposed change as competitive with the original agreed upon proposed unit pricing at the time and issue appropriate authorizations or reject the increases after receipt of a properly submitted request. No work shall be undertaken on a proposed change until authorized by the City of Denton in the form of a Purchase Order change and/or other documentation appropriate to amending the contract. The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number. The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes. Page 4 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 Submittal Instructions The City of Denton will accept electronic or hard copy submittals until the date and time on the cover sheet of this solicitation. Any submission received after the date and/or hour set for solicitation opening will be returned unopened. Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below: City of Denton Materials Management SOLICITATION NUMBER AND NAME 901B Texas Street Denton, TX 76209 The City of Denton reserves the right to accept or reject in part or in whole any submission, and to waive technicalities of the submission, in the best interest of obtaining best value for the City. Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date and time noted herein. The City is not responsible for missing, lost or late mail or any mail delays, internal or external, that may result in the submission arriving after the set time. Incomplete electronic submissions will be automatically rejected by the bid system. HARD COPY SUBMISSION FORMAT Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City requests the following format be used: 1. Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit responses in a binder or file folder. 2. Submission shall be no more than 200 pages in length 3. Utilize tabs to identify exhibits and attachments 4. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm 5. Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the solicitation number and name. 6. The submission shall include the following: a. Completed Bid Invitation and required attachments b. Pricing Sheet c. Safety Record (if applicable form will be attached) d. Conflict of Interest Questionnaire e. Appendices may be used for additional documentation or clarification at the respondent's option f. Flash drive with an electronic copy of all required documents 6 Evaluation Procedures Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of Denton Purchasing Policies and procedures and the State of Texas Local Government Code 252.043. The City of Denton shall open all submissions and evaluate each respondent in accordance to the below criteria: Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data submitted in the response. The selection criterion is listed below: Project Schedule (FACTOR: 40 %) Ability to timely start and complete project. This includes the schedule to complete project and may include ability to meet required milestones of completion. For supplies, the estimated delivery after receipt of order. A project schedule must be submitted with proposal that shows how the contractor will complete all work within a one year period. Project Schedule must justify responses to Exhibit F, and must follow Exhibit B submittal requirements. See Scope of Work for additional details and requirements. Compliance with specifications, quality, reliability, characteristics to meet stated or implied needs (FACTOR: 10%) Compliance with the stated specification(s) coupled with the quality and reliability of the goods and services such as fitness for use that meets or exceeds Owner's expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs. Page 5 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Indicators of Probable Performance under contract (FACTOR: 10%) Indicators of probable performance under the contract to include: past vendor performance, financial resources and ability to perform, experience or demonstrated capability and responsibility, references, and the vendor's ability to provide reliable maintenance agreements and support. Price, Total Cost of Ownership (FACTOR: 40%) The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome of the computations performed, each submission will be assigned a raw score. The assigned weight will then be applied to these scores to calculate an overall score for each submission for completion of the final scoring process. Step 2: After the final ranking of the submissions and determination of the firm that provide the best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The best and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City will terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is reached of the submissions are formally rejected by the City. Step 3: Upon selection of the submission or Best and Final Offer that represents the "best value", a written recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager, Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services. In accordance with Local Government Code 252.049, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. A public opening will be conducted with this process. Respondent names and pricing will be read aloud thirty minutes after the opening time and date. Once the public opening is adjourned, responses will be not be re-read nor published. Award information will be available on the City’s website after council approval. After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the City of Denton Materials Management staff to document the request for a debriefing. A meeting with the City of Denton Materials Management Staff and the using Division will be scheduled within a reasonable time. 7 Section 2 Business Overview Questionnaire 8 Firm's Legal Name (Required: Maximum 1000 characters allowed) 9 Address Line 1 (Required: Maximum 1000 characters allowed) Page 6 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 1 0 Address Line 2 (Optional: Maximum 1000 characters allowed) 1 1 City (Optional: Maximum 1000 characters allowed) 1 2 State (Required: Maximum 1000 characters allowed) 1 3 Zip Code (Required: Numbers only) 1 4 Agent Authorized to sign contract The agents name and email who is authorized to sign the contract (Required: Maximum 1000 characters allowed) 1 5 Subsidiary of: (Optional: Maximum 1000 characters allowed) 1 6 Organization Class Partnership Corporation Individual Association (Required: Check only one) 1 7 Tax Payer ID (Required: Maximum 1000 characters allowed) 1 8 Date Established __ __ / __ __ / __ __ __ __ (Required) Page 7 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 1 9 Historically Underutilized Business Yes, We are a registered HUB. (Optional: Check if applicable) 2 0 Please provide a detailed listing of all products and/or services that your company provides. (Required: Maximum 4000 characters allowed) 2 1 Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice: Failure to disclose this information during proposal submission, and later discovered, may result in contract termination at the Owner’s option.) (Optional: Maximum 4000 characters allowed) 2 2 Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. (Optional: Maximum 4000 characters allowed) 2 3 Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Optional: Maximum 4000 characters allowed) Page 8 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 2 4 Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 General Industry Standard and/or 29 CFR 1926 General Construction Standards as they apply to your Company's customary activities? http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926 (Optional: Maximum 4000 characters allowed) 2 5 Resident/Non-Resident Bidder Determination Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders’ state. In order to make this determination, please provide the name, address and phone number of: a. Responding firms principle place of business: b. Company's majority owner principal place of business c. Ultimate Parent Company's principle place of business (Optional: Maximum 4000 characters allowed) 2 6 Section 3 Minimum Qualifications 2 7 Three(3) years experience providing similar products or services Yes No (Please Select) (Required: Check only one) 2 8 Reference 1 - Government/Company Name Person who you have done business with in the past. (Optional: Maximum 1000 characters allowed) 2 9 Reference 1 - Phone Enter phone number. (__ __ __) __ __ __ - __ __ __ __ext: (Optional) Page 9 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 3 0 Reference 1 - Contact Person & Title (Required: Maximum 1000 characters allowed) 3 1 Reference 1 - Email Address (Required: Email address) 3 2 Reference 1 - Scope of Work (Required: Maximum 1000 characters allowed) 3 3 Reference 1 - Contract Period (Required: Maximum 1000 characters allowed) 3 4 Reference 2 - Government/Company Name Person who you have done business with in the past. (Optional: Maximum 1000 characters allowed) 3 5 Reference 2 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Optional) 3 6 Reference 2 - Contact Person & Title (Optional: Maximum 1000 characters allowed) 3 7 Reference 2 - Email Address (Optional: Email address) 3 8 Reference 2 - Scope of Work (Optional: Maximum 1000 characters allowed) Page 10 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 3 9 Reference 2 - Contract Period (Optional: Maximum 1000 characters allowed) 4 0 Reference 3 - Government/Company Name Person who you have done business with in the past (Optional: Maximum 1000 characters allowed) 4 1 Refernece 3 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Optional) 4 2 Reference 3 - Contact Person & Title (Optional: Maximum 1000 characters allowed) 4 3 Reference 3 - Email Address (Optional: Email address) 4 4 Reference 3 - Scope of Work (Optional: Maximum 1000 characters allowed) 4 5 Reference 3 - Contract Period (Optional: Maximum 1000 characters allowed) 4 6 Registered with the State of Texas The responding individual or business must be registered in the State of Texas, or the County of Denton, to provide the products or services required in the solicitation, and the individual or business must have all licensure required by the State to provide any services required under this contact. To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the Secretary of State visit Webpage: http://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email corpcert@sos.state.tx.us. Page 11 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 4 7 Authorized Manufacturer Authorized manufacturer or distributor authorized by the manufacturer for products identified in the Technical Specifications to sell to the City of Denton, Texas. Attach documentation such as a letter from the manufacturer or a line card. 4 8 Section 4 Terms and Conditions 4 9 General Provisions 1. SILENCE OF SPECIFICATIONS The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as a meaning that the only best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 2. RESPONDENTS COST TO DEVELOP SUBMITTAL Respondents to this solicitation are responsible for all costs of submittal preparation, delivery and any oral presentations required as part of the selection process. All materials submitted in response to the solicitation become property of the City of Denton and will be returned only at the option of the City. 3. MINIMUM RESPONSE Submittals that do not, at a minimum, contain the Attachments, required documents and Pricing Sheet will be subject to disqualification at the sole discretion of the City of Denton. If any firm submitting a proposal is a corporation, it must be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the submittal. 4. VALIDITY PERIOD The information included in the solicitation response(s), and any cost information obtained from a negotiation process, remain valid for 120 days from the response due date or until the contract is approved by the governing body. 5. REJECTION OF SUBMITTAL ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED WITHIN SECTION III, SHALL BE REJECTED. THE CITY SHALL REJECT RESPONSES SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM QUALIFICATIONS. The City of Denton reserves the right to reject any and all submittals received in response to the solicitation and to waive any minor technicalities or irregularities as determined to be in the best interest of the City. 6. PROPRIETARY INFORMATION If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall identify all proprietary information in the submission. This identification will be accomplished by individually marking each page or line item detail with the words "Proprietary Information". If the respondent fails to identify proprietary information, the respondent agrees that by submission of its response, that those sections shall be deemed non-proprietary and made available upon public request. Respondents are advised that the City, to the extent permitted by law, will protect the confidentiality of all submissions. Respondent shall consider the implications of the Texas Public Information Act, particularly after the solicitation process has ceased and the contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the respondent can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the respondent, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General. 7. NON-ENDORSEMENT If a submission is accepted, the successful respondent shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the successful respondent's services. 8. ASSIGNMENT The successful contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior written consent of the Purchasing Manager. Page 12 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 9. UNAUTHORIZED COMMUNICATIONS After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation, interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the respondent shall have any contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the above listed parties with who contact is not authorized, such contact may result in the respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation. 10. DISQUALIFICATIONS Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a solicitation and may result in disqualification. Any submissions that do not clearly outline all qualifications may be disqualified. 11. INTELLECTUALLY PROPERTY INDEMNIFICATION The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any action or claim brought against the City of Denton, or its authorized users that is based on a claim that software infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a judgment or settlement. If the City of Denton or its authorized users' utilization of the software becomes subject to a claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole expense (1) procure for City of Denton or its authorized users, the right to continue using such software under the terms of this Contract; or (2) replace or modify the software so that it is non-infringing. 12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP) Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. 13. PATENT RIGHTS The contractor agrees to indemnify and hold harmless the City from any claim involving patent right infringement or copyrights on goods supplied. 14. AWARD The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by entire proposal; whichever is most advantageous, or provides the "best value" to the City, unless denied by the respondent. 15. CONTRACTS The successful awarded vendor(s) will be required to sign an original contract. A sample contract is provided in Appendix A. Respondents shall review the document. No exceptions to the contract will be allowed. 16. INSURANCE The successful awarded vendor will be required to provide a certificate of insurance as outlined in Appendix B – Insurance requirements. Respondents shall review the document and note exceptions during the proposal submission process. 17. CHANGES DURING CONTRACT TERM The awarded contractor shall not change specifications during the contract term without prior approval. Any deviation in the specifications or change in the products must be approved in advance by the City of Denton. Page 13 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Notice of a change shall be submitted in writing to purchasing@cityofdenton.com, with the solicitation number in the subject line, for review. Products/Services found to have changed specifications without notification, and acceptance, will be returned at the supplier's expense. Products that have been installed will be replaced at the contractor's expense. CHANGES IN THE WORK: Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: ordered by City pursuant to Authorized Changes in the Work without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. required because of acceptance of defective Work. If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. required because of City’s correction of defective Work as outlined in below (A-D) A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in scope of work , or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph. agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. Page 14 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 18. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD Following the Contract award, additional services or products of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request may be sent to successful Contractor (s) to provide a proposal on the additional services and shall submit proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer ("BAFO"). The City of Denton may accept or reject any or all pricing proposals, and may issue a separate solicitation for the services/products after rejecting some or all of the proposals. The commodities and services covered under this provision shall conform to the statement of work, specifications, and requirements as outlined in the request. Contract changes shall be made in accordance with Local Government Code 252.048 19. SAFETY AND ENVIRONMENTAL HAZARDS The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards (including premises and special defects) may exist at the City's facilities. The Contractor shall be responsible for identifying any hazardous conditions and notifying the City of these conditions in writing no later than 30 days after contract award and prior to initiation of service delivery on the property. This will be accomplished by the Contractor conducting an environmental assessment and an occupational health, and safety inspection of the service bay or field service areas by competent, qualified and appropriately licensed practitioners. The costs of these inspections and any subsequent corrective action will be negotiated between the City and the Contractor. All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported and all safety precautions shall be taken to prevent potential safety issues from occurring. 20. CONTRACTOR STANDARDS OF PERFORMANCE Monthly Time Standards - Contractors shall fully understand that the City relies on the product or service of the solicitation to provide vital municipal services, and the availability and reliability of the equipment is of the essence. With this in mind, the Contractor shall meet the following performance standards at all times. Labor disputes, strikes, and other events, except those beyond the Contractor's control such as acts of God, shall not relieve the Contractor from meeting these standards. For service category, the Contractor must ensure the given level of service is achieved, within the designated number of working hours. Contractor shall deliver goods or services within specified delivery times for 95% of all orders. 21. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude, addressing any anticipated problems and offer proposed solutions to those problems. 22. ADDITIONAL GENERAL REQUIREMENTS a. Prior to commencement of the services, the City and selected individual or business will conduct an initial meeting to review the overall scope, schedule, deliverables and planning process to implement a successful program. 1. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. b. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance. 23. SUBMISSION ERRORS Prices offered shall be used for submission analysis and for agreement pricing. In case of errors in the pricing extension or totals, the unit pricing offered by the respondent will govern. 24. QUANTITIES FOR UNIT PRICE CONTRACTS The quantities indicated on the drawings, technical specifications, and pricing exhibit are believed to be accurate but shall be considered only as estimates. The project requires complete and functional construction in accordance with the Technical Specifications and the plans. Differences between the quantities of material required and the estimated quantities will not be considered as basis for a change in any unit price for the project. In submitting a response, the respondent is stating that he has reviewed the project drawings and specifications and understands their intent and has checked the quantities and dimension and is asserting that Page 15 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 the submissions is intended to account for all conditions and quantities to complete the project as described in the plans and specification. 5 0 General Provisions - Additional for Construction 1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS If applicable, Technical Specifications and Drawings/Plans related to this project are attached to this solicitation. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Respondents are advised that the scope of work, attachments, plans (if applicable), specifications, and other documents on file as stated in the proposal documents shall constitute all the information which the City shall furnish. Respondents are required, prior to submitting any response, to review all documents (scope of work, plans, specifications, exhibits, contract, amendments, bond forms, etc.,) carefully; to visit the site of the work (if applicable); to examine carefully the local conditions; to inform themselves with their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the scope of work, plans (if available) and contained in the specifications, exhibits, and other contract documents, shall be binding upon the City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete information upon which the submission may be based. Any respondent, by submitting a response, represents and warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his calculations and found them to be correct and agrees to be bound thereby. 3. PREFERENCES A. LOCAL PREFERENCE 1. It is the intent of the City of Denton to comply with Sections 271.905 and 271.9051 of Texas Local Government Code allowing for consideration of the location of a bidder’s principal place of business in award of a bid. 2. Scope-This policy applies to the purchase of real property and personal property that is not affixed to real property or services (including construction services) through a Competitive Bid. a. Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a responsible bidder. b. Best Value Bid – Price is only one of a number of determining factors that are weighted for evaluation purposes. (Texas Local Government Code 252.043) 3. Criteria a. Lowest Responsible Bids A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services. A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000. The chart below is a summary of the criteria for Lowest Responsible Bids: o Local Government Code 271.9051 o Local Government Code 271.905 o 5% price differential o 3% price differential Page 16 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 o Construction bids less than $100,000 o All other bids, excludes construction and services, greater than $500,000 o All other bids, including services, less than $500,000 B. Best Value Bids-Price is only one of a number of determining factors that are weighted for evaluation purposes as provided in Local Government Code 252.043. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined in the chart above. C. Local Bidder Preference Consideration Application A new and complete application must be submitted with each competitive bid by the due date, including a Tax Certification from the Denton County Tax Assessor/Collector. This application serves to ensure the qualification of a bidder as a local bidder and serves as the basis for meeting the statute's requirement that the governing body find, in writing, that a bidder is a local bidder. D. Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents. E. Exceptions-This policy does not apply to purchases obtained through a Request for Qualifications (RFQ), Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or Interlocal Agreements. F. Award of Contract-The City Council may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids. B. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS 1. This section applies only to a contract to be performed, wholly or partly, in a non-attainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. 2. A governmental agency procuring goods or services may: give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards. 4. POST AWARD ADDITIONAL REQUIREMENTS Pre-Construction Meeting: Prior to commencement of the services, the City and the Contractor will conduct a pre-construction meeting to review the overall scope, schedule, deliverables, planning process, and to insure that all relevant parties to the project are introduced. Contractor Standards of Performance: The contractor shall prosecute the work diligently with skilled craftsmen and with state-of-the-art methods to complete the work within the time stated in the contract or such time extensions as may be granted. Monthly Reports: The awarded Contractor shall provide to the City of Denton, detailed reports of daily work conditions, daily man power availability, equipment problems, and work accomplished on a monthly basis. Safety: All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported to the Project Manager and all safety precautions shall be taken to prevent potential safety issues from occurring. Environmental Hazards: There are no known safety or environmental hazards existing on the project site at the time of issue of this solicitation. The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards may exist at the City’s facilities. The Contractor shall be responsible Page 17 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 for identifying any hazardous conditions and notifying the City verbally of such conditions as soon as possible after discovery and shall follow up in writing within 10 days of such discovery. The costs for necessary investigations or any potential corrective actions will be negotiated between the City and the Contractor. Additional post award requirements are outlined in Scope of Work and its exhibits. 5. BONDS Successful awarded contractor will be required to sign original contract and submit a blanket performance and payment bond for $1,000,000 before work is to commence. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended. The contractor shall obtain an independent payment and performance bonds for 100% of the project value for any single project in excess of $1,000,000. PROJECTS GREATER THAN $1,000,000 Any single project in excess of $1,000,000 will require the following before a purchase order or notice to proceed is issued: Formal proposal of the project cost from the Contractor with separate line item for additional bond cost Separate payment and performance bonds for 100% of the estimated project cost Retainage of 5% of the contract value 6. RETAINAGE Retainage is part of public works contract payment withheld by the City to secure performance and payment to subcontractors. The City withholds 5% on public works contracts and requires retainage for public works contracts in excess of $50,000. 7. PERFORMANCE LIQUIDATED DAMAGES Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in each task order, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay City one thousand dollars ($1,000) for each day that expires after the time specified in each task order for Final Acceptance until the City issues the Final Letter of Acceptance. Public Works Construction Standards NCTCOG 5th Edition Section 108.8 Schedule 109.8.1 Liquidate Damages Amount of contract ($)Amount of liquidated damages ($) Less than 25,000.000 25,000.00 to 99,999.99 100,000.00 to 999,999.99 More Than 1,000,000.00 200.00 Per Day 350.00 Per Day 500.00 Per Day 1000.00 Per Day In addition, the Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of specified performance standards as outlined below: Performance below contracted levels (services only) Page 18 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will review the monthly reports and determine the percentage of penalty to be assessed to the Contractor's monthly profit margin. 8. QUANTITIES The quantities indicated on the Pricing Sheet are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the prices. Individual purchase orders will be issued on an as needed basis. 9. SUBSTITUTIONS Substitutions are not permitted without the written approval of The City of Denton. If specific manufacturers, brands or part numbers are listed in the exhibits, the City will not accept substitutes. If the manufacturer part numbers provided has been updated, but do not change the material functionality, that part may be used without request for substitution. 10. ASBESTOS FREE MATERIALS The contractor shall provide asbestos-free materials as represented by the Manufacturer’s “Materials Safety Data Sheets” 11. PREVAILING WAGE RATES In accordance with Texas Government Code 2258, the awarded contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas. Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants that the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce proof of compliance with this provision by contractor to the City. The City shall withhold payments due to contractor until contractor has complied with this provision. Prior to any payment being made for work satisfactorily completed and accepted, contractor shall submit wage rate affidavits with its billing documents affirming that all employees have been paid not less than the current "Federal Minimum Wage”. 12. REMEDIES a. COMPLETION OF CONTRACTOR’S DEFAULT If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the City, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the City and/or Engineer shall be made by the Contractor or its Surety or Sureties, the City may take over the construction of the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the City for any cost or expense in excess of the contract price occasioned thereby. In such event the City may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the project. The City in such contingency may exercise any rights, claims or demands which the Contractor may have against third persons in connection with this Page 19 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 contract and for such purpose the Contractor does hereby assign, transfer and set over unto the City all such rights claims and demands. b. LIQUIDATED DAMAGES Respondent must agree to commence work on or before a date to be specified in written "Notice to Proceed" by the Owner, and to fully complete the project within the Substantial Completion time stated on proposal. As failure to complete project within the stated time, respondent agrees to pay as liquidated damages, the sums indicated in the Solicitation Main document Section 10, for each working day of delay until work is completed and accepted. Delays because of strikes, fire, weather, or any cause beyond the contractors control shall be granted, but claims for extension shall be in writing within a reasonable time after the occurrence. Contractor shall submit request for delay on a monthly basis in a letter form indicating reason and date of delay. Failure to do so on a monthly basis means contractor will forfeit those delay days. Liquidated damages in the amount per day shown in Main Solicitation Document, Section 10 “Liquidated Damages”, will be assessed against the Contractor for each calendar day or portion thereof that: (1) the Contractor has not fully and timely completed the specific portion or part of the work to be completed by the end of the current month as provided in the detailed description of work and/or schedule previously submitted by the Contractor on the first day of that particular month, after accounting for any agreed-upon changed orders, which will entitle the Owner to withhold the liquidated damages from the payment otherwise owed to the Contractor for work completed in that particular month; (2) the Contractor has not substantially completed all work following the expiration of the number of calendar days to complete the work as agreed upon in the contract, after accounting for any agreed-upon changed orders; or (3) all items listed as incomplete and attached to the Certificate of Substantial Completion are not completed or corrected after expiration of the agreed time allotted for completion and correction, including any approved extensions of time granted. These liquidated damages are cumulative. The sum of the liquidated damages will be deducted from any monies due the Contractor. If no money is due the Contractor, said sum may be recovered by the Owner from the Contractor or the Contractor's surety, or from both combined. These deductions are to cover liquidated damages to the Owner for losses to Owner that include, but are not limited to, additional expenses of Contract administration, overhead and other costs resulting from failure of the Contractor to complete the Work within the designated time, and are not to be considered as penalties. The Owner shall not be considered liable for any extra or additional payment to the Contractor as a bonus or premium for early completion. Any failure on the part of the Owner to request or require payment or withholding of liquidated damages in any particular month shall not constitute a waiver of Contractor’s requirement to pay, or the Owner’s ability to withhold from payments owed to Contractor, any liquidated damages for work performed or completed in that particular month, in any prior or subsequent month, or at the time all work has been completed. c. CUMULATIVE REMEDIES Every right or remedy herein conferred upon or reserved to the City shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the Contractor to complete the construction of the project within the time herein agreed upon. 13. PAYMENT AND PERFORMANCE REQUIREMENTS a. PAYMENT AND INVOICES: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Submissions which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The 30 day Page 20 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later. Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. b. PAYMENT TO PERFORMANCE MILESTONES Awarded contractor shall prepare and submit monthly pay apps per the schedule of values outlined in the attached STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES, Article 9 Payments and Completion. c. TAX EXEMPTION The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR Upon award of the contract, the Contractor shall inform the City of the subcontractors and material sources that will be used. Upon the completion by the Contractor of the construction of the project, but prior to final payment to the Contractor, the Contractor shall deliver to the City releases of all liens, and of rights to claim any lien, from all manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the effect that all materials or services used on or for the project have been paid for and indicating that the City is released from all such claims. e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS The Contractor shall pay each material-men, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the City, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each material-men or each subcontractor. 14. WARRANTIES The contractor shall provide a 2 year warranty that is standard in the industry. 5 1 Bid Acceptance I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained herein, and further agree to abide and accept said Terms, Conditions and Specifications. Yes Yes - with exceptions (Please Select) (Required: Check only one) Page 21 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 2 Bid Acceptance Exceptions If you answered yes - with exceptions to the above question please list the exceptions. (Additional exceptions will not be allowed during the negotiation process) (Optional: Maximum 4000 characters allowed) 5 3 Additional Agreement Any additional agreement that the supplier wishes to have considered as part of the resulting contract shall be attached and submitted with the response to this solicitation. Any agreement that is submitted after the closing date of the solicitation shall not be considered. Please note that agreements in direct conflict with the terms and conditions of this solicitation may result in rejection of your response to the solicitation. Acknowledged (Required: Check if applicable) Page 22 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 4 Acknowledgement The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all addendum(s). I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract within one year as requested in the scope of work. The Bidder hereby agrees that the City reserves the right to waive informalities in any bid and to reject any or all bids, or to accept any bid that in its judgment will be for the best interest of the City. Acknowledge (Required: Check if applicable) Page 23 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 5 Certificate of Interesentd Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 - Form 1295) 7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Acknowledge (Optional: Check if applicable) Bid Lines 1 SAW CUT (EXISTING ASPHALT) Quantity:10000 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 SAW CUT (EXISTING CONCRETE) Quantity:10000 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 DOWEL-ON INTEGRAL (WITH ONE 3/8" STEEL BAR) Quantity:500 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 24 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 4 CONCRETE CURB & GUTTER ( WITH FIBERS) Quantity:19550 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 30" SURMOUNTABLE CURB/FIBERS Quantity:100 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 6'' CONCRETE SIDEWALK WITH FIBER Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 6'' CONCRETE SIDEWALK WITH STEEL Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 8 5'' CONCRETE SIDEWALK WITH FIBER Quantity:200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 9 5" CONCRETE SIDEWALK (WITH STEEL) Quantity:200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 25 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 1 0 4" CONCRETE SIDEWALK/FIBERS Quantity:200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 1 STRUCTURAL CONCRETE - (CLASS A) 5-SACK Quantity:60 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 2 STRUCTURAL CONCRETE - (CLASS C) 5 1/2 SACK Quantity:60 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 3 STRUCTURAL CONCRETE - (CLASS S) 6-SACK Quantity:60 UOM:LS Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 4 REMOVE CONCRETE PAVEMENT Quantity:100 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 5 REMOVE CONCRETE CURB & GUTTER Quantity:21450 UOM:LF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 26 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 1 6 REMOVE CONCRETE DRIVEWAY & SIDEWALK Quantity:3955 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 7 INSTALL LIME AT THE PRESCRIBED RATE TO A DEPTH OF 12" Quantity:44950 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 8 HYDRATED LIME Quantity:1461 UOM:TON Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 1 9 PELLET LIME Quantity:50 UOM:TON Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 0 REMOVE ASPHALT PAV. AND BASE TO DEPTH 6" Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 1 REMOVE ASPHALT PAV. AND BASE TO DEPTH 8" Quantity:39200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 27 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 2 2 REMOVE ASPHALT PAV AND BASE TO DEPTH 9" Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 3 REMOVE ASPHALT PAV AND BASE TO DEPTH 10" Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 4 INSTALL 2" TYPE D HMAC PAVEMENT (SEE COD DETAIL) Quantity:47100 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 5 INSTALL 3" TYPE C HMAC PAVEMENT (SEE COD DETAIL) Quantity:1000 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 6 INSTALL 2" TYPE B HMAC PAVEMENT (SEE COD DETAIL) Quantity:41200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 7 INSTALL 4" TYPE B HMAC PAVEMENT (SEE COD DETAIL) Quantity:41200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 28 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 2 8 REPAIR BASE FAILURE WITH ASPHALT TO A DEPTH OF 12" Quantity:4650 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 2 9 6" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 3/8" STEEL ON 18" CENTERS Quantity:5650 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 0 8" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 1/2" STEEL ON 18" CENTERS Quantity:3900 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 1 10" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 1/2" STEEL ON 18" CENTERS Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 2 12" CONCRETE PAVEMENT (RADIUS, ETC.) WITH 1/2" STEEL ON 18" CENTERS Quantity:1 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 3 UNCLASSIFIED EXCAVATION Quantity:5200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 29 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 3 4 TYPE I FLEXBASE Quantity:2800 UOM:TON Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 5 COMPACTED FILL/EMBANKMENT Quantity:1200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 6 ADJUST MANHOLE AND INSTALL CONCRETE PAD Quantity:114 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 7 ADJUST WATER VALVES AND INSTALL CONCRETE PAD Quantity:173 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 8 MISC. SPRINKLER SYSTEM ADJUSTMENTS Quantity:1075 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 3 9 5' TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 30 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 4 0 4' TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:40 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 1 5' TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 2 4' TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 3 5' TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 4 4' TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 5 ST. AUGUSTINE SOD Quantity:1440 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 31 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 4 6 ZOYSIA Quantity:150 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 7 BERMUDA SOD Quantity:2760 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 8 4" CONCRETE FLATWORK (COLORED/TEXTURED) Quantity:50 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 4 9 CONCRETE MEDIANS PATTERNED Quantity:50 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 0 CONCRETE STEPS Quantity:20 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 1 CONCRETE FLUMES 6" - 7' WIDE W/6" CURBS Quantity:150 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 32 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 2 CONCRETE FLUMES 6" - 11' WIDE W/6" CURBS Quantity:150 UOM:SF Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 3 CONCRETE RIP-RAP AND DRAINAGE FLUMES 6" Quantity:200 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 4 5' X 5" JUNCTION BOX (0' TO 6' DEPTH) Quantity:2 UOM:LS Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 5 EXCAVATE EXTRA DEPTH UP TO 6' AND COMPACT COD STANDARDS Quantity:100 UOM:SY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 6 CONCRETE FOR LIGHT STANDARD BASES Quantity:10 UOM:CY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 7 CONCRETE FOR TRAFFIC CONTROLLER BOX Quantity:10 UOM:CY Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 33 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 5 8 8' TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 5 9 10' TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 0 6' TYPE I WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:4 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 1 6' TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:4 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 2 8' TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 3 10' TYPE II WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 34 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 6 4 8' TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 5 10' TYPE III WHEEL CHAIR RAMP (ALL WITH ADA BRICK INSERTS) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 6 4' INLET -REBUILT INLET (REMOVE & REPLACE TOP) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 7 6' INLET -REBUILT INLET (REMOVE & REPLACE TOP) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 8 8' INLET -REBUILT INLET (REMOVE & REPLACE TOP) Quantity:2 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 6 9 10' INLET -REBUILT INLET (REMOVE & REPLACE TOP) Quantity:4 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) Page 35 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 7 0 RING & COVER (INLETS 24" LOCKING 124C) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 1 RING & COVER (INLETS 30" LOCKING 124C) Quantity:5 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 2 WATER SERVICE ADJUSTMENTS Quantity:20 UOM:EA Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 3 MOBLIZATION Quantity:1 UOM:LS Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 4 CONTINGENCE 20% Quantity:1 UOM:LS Price:$Total:$ Supplier Notes: No bid Additional notes (Attach separate sheet) 7 5 Project Schedule - Total Project Days (Line excluded from response total) Item Notes: Exhibit F - Sum of Sections A-L 7 6 NUMBER OF CALENDAR DAYS TO COMPLETE STREET Quantity:1 Days:$Total:$ Supplier Notes: Supplier Notes: No bid Additional notes (Attach separate sheet) Page 36 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. Print Name Signature Page 37 of 37 pages Deadline: 11/14/2019 11:00 AM (CT)7177