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7350-Addendum 3-Bid Invitation7350 Addendum 3 Reclamation Solids Handling Issue Date:4/23/2020 Questions Deadline:5/7/2020 11:00 AM (CT) Response Deadline:5/14/2020 11:00 AM (CT) Contact Information Contact:Crystal Westbrook Address:Buyer 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 x7172 Email:crystal.westbrook@cityofdenton.com Page 1 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 Event Information Number:7350 Addendum 3 Title:Reclamation Solids Handling Type:Request for Qualifications Issue Date:4/23/2020 Question Deadline:5/7/2020 11:00 AM (CT) Response Deadline:5/14/2020 11:00 AM (CT) Notes: Out of an abundance of caution, the City of Denton is not accepting hard copy bids. Please submit all bids electronically in IONWAVE at https://dentontx.ionwave.net. 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. Submissions accepted via IONWAVE ONLY (no emails). Questions must be submitted by deadline via IONWAVE only (no emails/no phone calls) 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 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 Page 2 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 Bid Attachments 7350-Sample Contract.pdf Download Sample Contract 7350-SOW.pdf Download Scope of Work Denton PCWRP - Expansion Feasibility Assessment FINAL.pdf Download Expansion Feasibility Assessment Conflict_of_Interest_Questionaire.docx Download Conflict of Interest Questionnaire Requested Attachments 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. Statement of Qualification (Attachment required) Please attach qualification that are described in Attribute 4 Bid Attributes 1 SECTION 1 General Information 2 Contract Term The Contract shall commence upon the issuance of a Notice to Proceed or Purchase Order by the City of Denton and shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of Denton. 3 Pricing This contract is for professional services and price shall not be solicited. The City will select a firm on the basis of demonstrated competence and qualifications to perform the services described in this RFQ. Once the most qualified firm is selected, a fair and reasonable price will be set. The professional fees under this contract may not exceed any maximum provided by law. Compensation will be negotiated with the most highly qualified and experienced firm. Professional services will include the Professional’s schedule of document preparation costs, as well as hourly rates. Upon completion of the work, the Professional will provide electronic files, plots, maps, exhibits, field notes, and/or other materials as requested by the City. Payment will be made upon receipt and acceptance of deliverables as negotiated. Accepted negotiated prices must remain firm for the entire contract period, including any periods of extension or renewal. At the time of any renewal or extension of the contract, the city or the supplier may request a price adjustment based upon the economy. All requests for a price adjustment must include detailed documentation and rationale to support the requested adjustment. The party to whom a request for price adjustment is made may, in its sole discretion, accept or reject the request. Any price adjustment must be mutually agreed upon in writing by the parties, and shall be effective for the applicable renewal term. Page 3 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 4 Statement of Qualification Sealed qualifications will be accepted in accordance with the minimum qualifications detailed in section 3. The Consultant shall file all documents necessary to support its qualifications and include them in the submittal. Please include at a minimum the following: A maximum three (3) page narrative as to the firm’s interest, particular abilities and qualifications related to this project. The location of your office where the majority of the work on the project will be performed and the approximate number of employees in that office. Resumes of key personnel to be assigned to this project with an organizational chart. A list and general description of each project that the above-mentioned staff has performed that would indicate your firm’s ability to perform the work being considered. At least five (5) project examples should be included. The list of specific projects shall indicate the professional services necessary to accomplish the project, along with your client’s name and phone number. 5 Submittal Instructions The City of Denton will accept electronic in Ionwave 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 automatically rejected. Do not wait until the last minute, incomplete submission will be automatically rejected. The City will not allow late submissions due to technical difficulties. 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 technical difficulties that may result the submission arriving after the set time. 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. 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: Identification and understanding of the City's requirements for this project (FACTOR: 40%) The respondent's understanding of the objectives and scope of the requested services of the primary areas, in a clear and concise, written expression. The respondent will provide all the appropriately requested criteria consideration to be a critical component of the evaluation. Past Performance and experience on projects of this magnitude and complexity (FACTOR: 20%) The respondent's successful experience in projects within the primary areas similar to the scope of work requested in this RFQ will be a major consideration. Based on the past performance of both the individual project personnel and the respondent, The City of Denton will determine if the respondent has the track record to provide the required services in successfully administering similar projects. Experience and qualifications of the Respondent and key personnel available for this project (FACTOR: 20%). The qualifications of the respondent in terms of experience, service capability and resources will Page 4 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 be reviewed in order to assess the ability of the respondent to successfully complete the project assignment. The firm's ability to provide the necessary professional and technical expertise and supervision will be a major consideration. The qualifications and experience of the individuals who will be directly assigned to the primary areas is a major evaluation factor to be considered. The personnel cited shall be designated as to whether they are an employee, consultant or contract employee of the RFQ respondent. Their educational and professional credentials as well as direct experience on similar projects will be considered in evaluating the respondent. Experience with other municipally funded projects and familiarity with municipal requirements and procedures will also be considered in the evaluation process. Schedule presented for this service and defined in the scope of work (FACTOR: 20%) Proposed schedule for competition of the scope of work. 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: The City of Denton will proceed to negotiate a contract with the highest ranked firm. The City 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. Provided the City of Denton cannot successfully contract with the highest ranked firm, the City of Denton shall formally, and in writing, end all negotiations with that firm and the City of Denton may elect to proceed to negotiate with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms end, in accordance with Texas State Law. Step 3: 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 Texas State Law, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. All submissions shall be opened in a manner that avoids disclosure of the contents to competing respondents and keeps the responses secret during negotiations. A public opening will not be conducted with this process. 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 5 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 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: Maximum 15 characters allowed) 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) Page 6 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 1 8 Date Established __ __ / __ __ / __ __ __ __ (Required) 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 7 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 2 4 Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 General Industry Standards and/or 29 CFR 1926 General Construction Standards as they apply to your Company customary activities? https://www.osha.gov/laws-regs/regulations/standardnumber/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: Responding firms principle place of business Company's majority owner principal place of business 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. (Required: Maximum 1000 characters allowed) 2 9 Reference 1 - Phone Enter phone number. (__ __ __) __ __ __ - __ __ __ __ext: (Required) Page 8 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 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. (Required: Maximum 1000 characters allowed) 3 5 Reference 2 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Required) 3 6 Reference 2 - Contact Person & Title (Required: Maximum 1000 characters allowed) 3 7 Reference 2 - Email Address (Required: Email address) 3 8 Reference 2 - Scope of Work (Required: Maximum 1000 characters allowed) Page 9 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 3 9 Reference 2 - Contract Period (Required: Maximum 1000 characters allowed) 4 0 Reference 3 - Government/Company Name Person who you have done business with in the past (Required: Maximum 1000 characters allowed) 4 1 Refernece 3 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Required) 4 2 Reference 3 - Contact Person & Title (Required: Maximum 1000 characters allowed) 4 3 Reference 3 - Email Address (Required: Email address) 4 4 Reference 3 - Scope of Work (Required: Maximum 1000 characters allowed) 4 5 Reference 3 - Contract Period (Required: 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: https://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email: corpcert@sos.state.tx.us Page 10 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 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 response Attachments 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. Page 11 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 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. 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. The City reserves the right to award a contract to a primary vendor, and one or multiple secondary vendors; 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. Respondents shall review the document and note exceptions in the proposal. Only exceptions submitted with RFQ documents will be considered. Additional exceptions during the award process will be automatically rejected. Page 12 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 16. INSURANCE The City requires standard insurance for services performed on site. The successful awarded vendor will be required to provide a certificate of insurance as outlined in the contract. 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. 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. 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. 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. 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 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. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance. Page 13 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 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. 5 0 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) 5 1 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 2 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 14 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 5 3 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. Acknowledge (Required: Check if applicable) Page 15 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 5 4 Certificate of Interested 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: Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/filinginfo/1295/ Register utilizing the tutorial provided by the State. Print a copy of the completed Form 1295. Enter the Certificate Number on page 2 of this contract. Sign the Form 1295. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 - Form 1295) 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) Page 16 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes 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 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. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. 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. Print Name Signature Page 17 of 17 pages Deadline: 5/14/2020 11:00 AM (CT)7350 Addendum 3