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7670 RFP Bid Invitation7670 Addendum 7 RFP Hickory GIS Substation Design Build Issue Date:7/19/2021 Questions Deadline:8/31/2021 03:00 PM (CT) Response Deadline:9/28/2021 11:00 AM (CT) Denton - Purchasing Contact Information Contact:Christa Christian, CPPB Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(No) Phone xCalls Email:christa.christian@cityofdenton.com Page 1 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 Event Information Number:7670 Addendum 7 Title:RFP Hickory GIS Substation Design Build Type:Request for Proposal Issue Date:7/19/2021 Question Deadline:8/31/2021 03:00 PM (CT) Response Deadline:9/28/2021 11:00 AM (CT) Notes:RFP Hickory GIS Substation Design Build 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 or hard copy ONLY (no emails). Congratulations! The City of Denton, Texas (the “City”) is pleased to inform your firm it has been selected as a finalist to be the Design-Builder team member providing preconstruction and construction services for the Hickory GIS Substation project. This is the second step of a two-step selection process in accordance with Texas Government Code Chapter 2269, Subchapter G, to select a single entity to provide both design and construction services for the construction of a facility GIS Substaion, using a Design-Build contract. This Request for Proposal and Interview Invitation will therefore focus on demonstrated competence and qualifications; considerations of the safety and long- term durability of the project; the feasibility of implementing the project as proposed; the ability of the candidate to meet the schedule; expected staffing for administrative duties; and price. Only firms prequalified under the Request for Qualifications portion of this two-step process are allowed to submit proposals in response to this Request for Proposals (“RFP”). The firms who have been prequalified are as follows (listed alphabetically): Beta Engineering Burns & McDonnell Kiewit Infrastructure South Co. Mitsubishi Electric Power Prod Page 2 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 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 76201-4299 Bid Activities Pre-Solicitation Conference 8/26/2021 11:00:00 AM (CT) A non-mandatory virtual 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 virtually through Microsoft Teams, see meeting details below. Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 940-208-1678,,884194376# United States, Denton Phone Conference ID: 884 194 376# Find a local number | Reset PIN Site Visit 8/26/2021 12:00:00 PM (CT) 2600 W Hickory St Bid Attachments Hickory GIS EPC contract - Addendum 3.docx Download Contract - Addendum 3 DME13222_HICKORY GIS_DUCT (002)-Model.pdf Download Survey - Addendum 1 HK-CD01- Addendum 1 - Updated drawing.pdf Download Addendum 1 - Updated drawing HK-CD02 - Addendum 1 - Updated drawing.pdf Download Addendum 1 - Updated drawing HK-CD03 - Addendum 1 - Updated drawing.pdf Download Addendum 1 - Updated drawing HK-EL01 - Addendum 1 - Updated drawing.pdf Download Addendum 1 - Updated drawing HK-SOL- Addendum 1 - Updated drawing.pdf Download Addendum 1 - Updated drawing Page 3 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 Project Information Form.docx View Online Project Information Form Conflict_of_Interest_Questionaire.docx Download Conflict of Interest Questionnaire Safety_Record.docx Download Safety Record Pricing Sheet.xlsx View Online Pricing Sheet Bid Checklist.xlsx View Online Appendix K - Bid Checklist RFP Introduction and Scope.pdf View Online Intro & Scope Hickory GIS Assembled RFP - 210715 As Submitted.zip View Online Attachments package EXHIBIT A - Hickory GIS Scope of Work ACCEPTED 6-18-2021 V2.docx View Online Final Contract docs EXHIBIT B - Hickory GIS Change Order ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT C - Hickory GIS Partial Lein Waiver and Release ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT D - Hickory GIS Mechanical Completion Certificate ACCEPTED 6-18-2021 v1.docx View Online Final Contract docs EXHIBIT E - Hickory GIS Notice to Proceed ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT F - Hickory GIS Permits ACCEPTED 6-18-2021 v1.docx View Online Final Contract docs EXHIBIT H - Hickory GIS Performance Security ACCEPTED 6-18-2021 V2.docx View Online Final Contract docs EXHIBIT I - Hickory GIS Monthly Progress Report ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT J - Hickory GIS Key Personnel and Org Chart ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT K - Hickory GIS Guarantees and Performance Testing ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT L - Hickory GIS NOT USED ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs EXHIBIT M - Hickory GIS PROJECT SCHEDULE ACCEPTED 6-18-2021 V2.pdf View Online Final Contract docs Page 4 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 EXHIBIT N - Hickory GIS Contractors Rate Sheet ACCEPTED 6-18-2021 V1.docx View Online Final Contract docs 7670 RFP Opening Sign-in Sheet.pdf View Online Sign in RFP 7670 - Pre-Solicitation Meeting-20210826_110121-Meeting Recording.mp4 View Online Recording Appendix G - Gas Insulated Substation.zip View Online Addendum 6 00 01 10-BSD-Table of Contents-09-09-2021.pdf View Online Addendum 6 - Updated Table of Contents 7670 RFP Opening Sign-in Sheet.pdf View Online RFP Virtual Pre Solicitation Meeting Sign-in Sheet RFP 7670 - Pre-Solicitation Meeting-20210826_110121-Meeting Recording.mp4 View Online RFP Virtual Pre Solicitation Meeting Hickory Concept - Distribution 9-13-2021 MARKUPS.pdf View Online Addendum 7 - Latest distribution concept drawings to the 4 Hickory GIS Firms that were updated due to questions received from the Firms. Hickory Concept - Distribution TRENCH DETAILS 3-17-2021.pdf View Online Addendum 7 - Latest distribution concept drawings to the 4 Hickory GIS Firms that were updated due to questions received from the Firms. 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. 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. Project Information Form (Attachment required) Please detail three (3) of the most recent projects your firm has completed Page 5 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 PROPOSAL REQUIREMENTS (Attachment required) • A Permitting matrix. • A list of all proposed subcontractors that includes subcontractor name, function, license number, and current EMR. • A document labeled DME HICKORY GIS WORK PLAN which describes the work plan based on the Design Build Contractor’s understanding of the work to be performed. The document shall not exceed 5 pages under any circumstance. • A list of all manufacturers that the Design Build Contractor intends to use for the following items: XLPE Cable, GIS, Current Transformers, DTS. • A cost breakdown for all engineering and pre-construction funds, as well as all material and construction costs. A completed Pricing Sheet from Appendix A of this RFP (including an anticipated cash flow) must be submitted. Some Appendices include Schedule of Submittal spreadsheets – these are not required to be filled out at this time and are in place to assist with pricing. Deliverables listed in the submittal spreadsheets can be expected to be required during the project lifecycle. • Org chart and resumes (name, function, experience, education, licenses held, relevant project experience) of all key personnel • Summary of the Design Build Contractor’s QA/QC plan • Provide a copy of the organizations construction equipment fleet and plans to obtain construction equipment that will be used on the projects. • Describe relationships with material suppliers and describe how materials will be ordered and delivered during a project. • Explain how cost will be managed throughout a project. • A proposed deliverable list for each package (wall system, building, site development, underground transmission, GIS, outdoor substation, and distribution), including two (2) review packages prior to IFC. Pricing Sheet (Attachment required) The Pricing Sheet Checklist (Attachment required) Appendix K Bid Checklist Bid Attributes 1 SECTION 1 General Information 2 Attachments All attachments can be found here (copy and paste link into URL: https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=18646 Page 6 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 3 Contract Term It is the intention of the City of Denton to award a contract for construction of the project as described in the drawings and specifications. Materials and services undertaken pursuant to this solicitation will be required to commence within fourteen (14) days of delivery of a Notice to Proceed. The schedule for this process is currently as follows, and is subject to change by the City at its sole discretion: Major Project Milestones (all dates listed are approximated): • Design-Build Contract Award/Limited Notice to Proceed: November 12, 2021 • Contractor Mobilization: August 1, 2022 • Initial GIS Energization: January 3, 2024 • Project Substantial Completion Date: June 25, 2024 The Contract shall commence upon the issuance of a Notice to Proceed by the City of Denton and shall automatically expire upon completion of the work and acceptance by the City of Denton. 4 Proposal requirements Your firm is invited to submit a firm fixed lump sum price proposal to engineer, manufacture, procure materials and equipment and construct the DME Hickory GIS. Your firm’s proposal shall be developed and submitted in accordance with and in consideration of this Request for Proposal, the Instructions to Bidders and the RFP documents listed in the Instructions. Provided as part of this Request for Proposal is a preliminary engineering package from which you will develop your proposal. The proposal shall include costs to engineer and design, manufacture, procure materials and equipment and to perform the construction and commissioning services to complete the project. The proposal shall also include the following items: • A Permitting matrix. • A list of all proposed subcontractors that includes subcontractor name, function, license number, and current EMR. • A document labeled DME HICKORY GIS WORK PLAN which describes the work plan based on the Design Build Contractor’s understanding of the work to be performed. The document shall not exceed 5 pages under any circumstance. • A list of all manufacturers that the Design Build Contractor intends to use for the following items: XLPE Cable, GIS, Current Transformers, DTS. • A cost breakdown for all engineering and pre-construction funds, as well as all material and construction costs. A completed Pricing Sheet from Attachments of this RFP (including an anticipated cash flow) must be submitted. Some Attachments named SOS (Schedule of Submittal) spreadsheets – these are not required to be filled out at this time and are in place to assist with pricing. Deliverables listed in the submittal spreadsheets can be expected to be required during the project lifecycle. • A completed Bid Checklist from attachments of this RFP. • Org chart and resumes (name, function, experience, education, licenses held, relevant project experience) of all key personnel • Summary of the Design Build Contractor’s QA/QC plan • Provide a copy of the organizations construction equipment fleet and plans to obtain construction equipment that will be used on the projects. • Describe relationships with material suppliers and describe how materials will be ordered and delivered during a project. • Explain how cost will be managed throughout a project. • A proposed deliverable list for each package (wall system, building, site development, underground transmission, GIS, outdoor substation, and distribution), including two (2) review packages prior to IFC. Page 7 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 5 Submittal Instructions The City of Denton will accept electronic in Ionwave 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. 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 response to the proposal requirements b. Pricing Sheet c. Conflict of Interest Questionnaire d. USB flash drive with all submittal documents 6 Interview Thirty (30) minutes will be provided for your firm to present, and thirty (30) minutes will be reserved for questions and answers from the selection committee. This allocation of time will be strictly adhered to. The interview will take place virtually on September 21, 2021 using the following schedule (listed alphabetically): 8:30 AM - Beta Engineering 9:45 AM - Burns & McDonnell 12:30 PM - Kiewit Infrastructure South Co. 1:45 PM - Mitsubishi Electric Power Prod The candidates are requested to present the following information: A. THE MANAGEMENT TEAM MEMBERS Page 8 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 1. Present the qualifications and relevant experience of the project superintendent and project manager. Provide demonstrated experience working on projects of similar scope and complexity, and the proposed time commitment and availability by month for this project through 01 JUN 2024. Time commitments and availability presented in the interview must exactly match those submitted in the staffing plan provided in the candidate’s proposal. 2. Describe the qualifications and relevant experience of other key in-house staff, and approximate time commitments and availability for this project. B. RELEVANT PROJECT EXPERIENCE 1. Select your three (3) most relevant projects and present the similarities of each to this one. 2. Show how your team member(s) made sure the final facilities in your example projects were successful. 3. Identify unique challenges overcome by your team member(s) on those projects, and how lessons learned will benefit this project. C. PROJECT-SPECIFIC APPROACH 1. Provide a summary of your team’s approach in providing successful preconstruction and construction services; methods your firm will use to manage the cost, schedule, scope and quality of this project; and how they specifically differ from other firms you typically compete with. 2. Present the plan your firm will use to manage the overall safety of the public, City staff, and construction team. 3. Present the execution, logistics and relocation plan for this project. 4. Identify the key challenges in current construction marketplace in the Dallas/Fort Worth area, and how your firm has dealt (and will deal) with these challenges. 5. Identify your team’s three (3) biggest concerns about this project, and their proposed solutions. D. UNIQUE FEATURES of THIS TEAM 1. Identify the unique reasons this team is the best for this project. 2. Provide examples of how those features have benefited other owners and proofs of their value. 7 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. Each candidate will be evaluated and scored according to these criteria: A. There will be a maximum of 100 points available for the combined score of the proposal and the interview. B. The Proposal will be used to award 90 of these 100 possible points, as follows: 45% Pricing Page 9 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 25% Compliance with Specs 20% Schedule 10% Interview A. The selection committee will not be provided the information in the proposals, or the results of the scoring of the proposals until after they have completed their scoring of the interviews. B. All shortlisted candidates will start the proposal and interview process with a score of zero (0). Scores from the Qualifications phase will not be carried forward to the Proposal & Interview 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 terms and conditions with the highest ranked firm. 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 or the submissions are formally rejected by the City. Step 3: Upon selection of the submission 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 Texas State Law, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. 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. 8 Information Requests A. This RFP provides the Design-Builder candidate finalists with the information necessary to respond. Further information about the project will only be provided as deemed appropriate by the City. B. Written questions will be accepted until January 13, 2019 at 4:00 P.M. Questions shall be asked in Ion Wave. The City may, but is not obligated to respond to questions received after this deadline, and will only be held accountable for information provided to candidates in writing via this the RFP, and Addenda thereto. C. NO OTHER CONTACT SHALL BE MADE REGARDING THIS RFP WITH ANY OTHER CITY STAFF, CITY COUNCIL MEMBER, PROJECT TEAM MEMBER, OR WITH REPRESENTATIVES OF ANY CITY, COUNTY, REGIONAL, STATE OR FEDERAL AGENCIES. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY, IN AND OF ITSELF, RESULT IN THE OFFENDING CANDIDATE BEING REMOVED FROM CONSIDERATION. 9 Section 2 Terms and Conditions Page 10 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 1 0 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 and Exhibit 1 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 11 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 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 attached. Page 12 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 ____________________________________________________________________________________________________ 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 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 Page 13 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 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. B. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. C.Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance. ____________________________________________________________________________________________________ 23. 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 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 invoices after completion of specific project milestones. The invoice shall detail the major milestones accomplished and detailed cost information for project. These milestones shall be submitted to the City of Denton and the City’s Project Staff shall review such for completion and accuracy, prior to payment authorization. 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. ____________________________________________________________________________________________________ 24. 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. 25. RIGHT TO PROTEST Any interested party who is aggrieved in connection with a solicitation or award of a contract above the formal threshold may protest to the Procurement Director. Protests based upon alleged improprieties in a solicitation that are apparent before the solicitation due date shall be filed not less than five (5) working days before the solicitation due date. In all other cases, protests shall be filed within five (5) days of notice of intent to award or in the absence of a notice of intent to award, prior to the award date. Filing of a protest must be in accordance with Article 12 of the Procurement Policy Manual found on the City of Denton webpage, Materials Management department page, under the Standard Terms, Conditions, and Policies section. Page 14 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 1 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) 1 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) 1 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 15 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 1 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. Acknowledge (Required: Check if applicable) Page 16 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 1 5 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: 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) Page 17 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7 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 18 of 18 pages Deadline: 9/28/2021 11:00 AM (CT)7670 Addendum 7