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7967 Bid Invitation (35)7967 Construction Manager at Risk for Fire Station 9 Issue Date:3/19/2022 Questions Deadline:4/11/2022 04:00 PM (CT) Response Deadline:4/19/2022 11:00 AM (CT) Denton - Purchasing Contact Information Contact:Christa Christian, CPPB Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 Email:christa.christian@cityofdenton.com Page 1 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 Event Information Number:7967 Title:Construction Manager at Risk for Fire Station 9 Type:Request for Qualifications Issue Date:3/19/2022 Question Deadline:4/11/2022 04:00 PM (CT) Response Deadline:4/19/2022 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. Submissions accepted vie IONWAVE or hard copy ONLY (no emails). Absolutely no fee or cost proposal information should be provided in response to this RFQ. Questions must be submissions by deadline via IONWAVE only (no emails/no phone calls) A public opening will be conducted for this solicitation on Tuesday, April 19, 2022; 11:45 AM CST To attend in person see physical location below: Development Service Center Training Room One 401 N. Elm Street Denton, TX 76201 To attend virtually follow the link or call in: Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 940-208-1678,,941151802# United States, Denton Phone Conference ID: 941 151 802# Find a local number | Reset PIN Learn More | Meeting options Page 2 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 The City of Denton, Texas (the “City”) is pleased to be accepting qualifications for a Construction Manager at Risk (“CMAR”) to provide, without limitation, material, labor, equipment, supervision, and other services (“the Work”) for Fire Station 9 Project The City will be using a two-step selection process in accordance with Texas Government Code Chapter 2269, Subchapter F, to select a single entity to provide pre-construction and construction services, using a Construction Manager at Risk contract. The CMAR must, under the Subchapter referenced above, be a sole proprietorship, partnership, corporation, or other legal entity or team that includes an architect or engineer and a construction contractor. The evaluation of the qualifications of each Design Builder will consider those of both the architect or engineer and the construction contractor, judged separately and collectively. See Attachment One – Evaluation Criteria for more information. This Request for Qualifications (“RFQ”) is the first step in this process. The second step will be receipt of proposals from of no more than the five (5) most qualified candidates, and possibly interview(s) as determined by the City Evaluation Committee (the “Committee”). Firms intending on serving as sub-consultants, subcontractors, sub-subcontractors, vendors or material suppliers to the selected CMAR should not submit qualifications in response to this request, as it is only to pre-qualify up to five (5) CMAR candidates only. Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Bid Attachments Conflict_of_Interest_Questionaire.docx Download Conflict of Interest Questionnaire 7967 A133 O-CMAR Agmt.pdf Download 7967 A133 O-CMAR Agmt 7967 A201 Gen Conds.pdf Download 7967 A201 Gen Cond Page 3 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 7967 CMAR Conceptual Drawings FDNo9.pdf Download 7967 CMAR Conceptual Drawings FDNo9 Requested Attachments Core Submittal Information (Attachment required) The submittal shall include at a minimum the information requested in Attribute 5 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. Secretary of State Certificate (Attachment required) To do business with the City of Denton you are required to be registered at the State of Texas, please attach proof of registration. If your company is exempt, please attach your Exemption Certificate. Bid Attributes 1 SECTION 1 General Information Page 4 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 2 Project Information A. PROJECT PROGRAM 1. The City of Denton’s Fire Station No. 9 is approximately 13,000 gross square feet. 2. The site address is 5000 Airport Road, Denton, Texas. 3. More information about the project can be found in 7967 Fire Station No. 9 Conceptual Design Information provided with this RFQ. 4. The City reserves the right to, without limitation, award one (1) or more phases of this project, or other projects not referenced above, to the CMAR candidate who is successful in being awarded this project, at its sole discretion. B. PROJECT BUDGET 1. The current budget for the CMAR’s contract amount is approximately 6.0 million dollars ($6,000,000) as of October 2021, without including the City’s escalation reserves for subsequent cost increases. 2. The funding for this project is in place. C. PROJECT SCHEDULE 1. The City anticipates issuing a Notice to Proceed with preconstruction to the CMAR in Q4, 2022. 2. Notice to Proceed with construction is anticipated to be given to the CMAR late in Q4, 2022. 3. Substantial Completion of the project is anticipated for late June, 2023, with staff move in beginning immediately on that date. 4. The staff anticipates being fully operational in the building in August, 2023. Page 5 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 3 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. 4 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, to the address below. Any submission received after the date and/or hour set for solicitation opening will be returned unopened. 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 20 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: Completed Bid Invitation Conflict of Interest Questionnaire Appendices may be used for additional documentation or clarification at the respondent's option USB flash drive with all submittal documents (optional) The City cannot guarantee review of voluminous firm-specific or other information contained in the appendix. 5 Core Submittal Information Request A. QUALIFICATIONS OF THE FIRM 1. Provide a brief overview of the firm. Include years in business, dollar volume per year for the last five (5) years, and significant projects completed in that time. 2. Provide a description of the composition and management structure of the CMAR candidate’s team. 3. Identify the CMAR candidate’s roles, responsibilities, and relevant experience with projects of similar scope and complexity, specifically focused on fire station experience of a similar size. Page 6 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 4. Include the qualifications and relevant experience of the proposed project manager, the preconstruction team leader, and the construction superintendent. 5. Provide a description and separate graphic organizational chart complete with working titles. Identify the lines of authority, responsibility and coordination. 6. Provide your team’s CMAR’s Experience Modifier Rate (EMR) over the last five (5) years and describe your team’s safety program. Provide the resume of the safety manager for your firm, and a brief description of the unique features of your safety program. B. PROVEN SUCCESS 1. For each of the example projects requested below, provide, at a minimum, the following: A. The name of the project, the candidate’s team member(s) which worked on it and their project role, and amount of the original contract; B. The current contact information for the Owner (preferably the Department Lead); C. Company personnel in responsible charge of this project; D. Completion date; and E. Total contract value at completion, together with a short description of change orders (e.g. owner initiated; design document ambiguity; unforeseeable condition; etc.). 2. Select your three (3) most relevant fire station projects from the last five (5) years and provide the information above. 3. Outline your firm’s project approach for this fire station, describing how the team’s experience will relate to the success of this project, 4. Provide a brief description of how your team will maximize the quality and value received by the City on this project. Focus on methods used to control cost & schedule. C. CMAR CANDIDATE’S STABILITY 1. Performance and payment bonding capacity sufficient to insure the proposed contract amount shown in II.B will be a requirement. Please provide the total bonding capacity of the entity proposed to contract directly with the City for the last five (5) years, including 2021 as the fifth (5th) year. In addition, please provide that entity’s bonding unused (available) capacity as of April 1, 2022. The City understands this amount may have changed since that date. 2. Provide the following financial information for your firm: a. The most recent balance sheet, profit/loss statement, and income statement; Page 7 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 b. The most recent twelve (12) month certified financial statement from a CPA; c. The contact information (including email) for the representative most familiar with your account at the bonding and general liability insurance companies you propose to use, as well as the CPA; and d. Authorization to discuss your firm’s financial history with the CPA and bonding/insurance history with the appropriate representatives of those firms. 3. Provide the contact information for three (3) additional municipal references and permission to contact them. 4. Provide information on any past, current or anticipated claims (i.e., knowledge of pending claims) on respondent contracts; explain the litigation, the issue, and its outcome or anticipated outcome. 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: Qualifications of the Firm (FACTOR: 55%) Overview of the firm & management structure - 5 Points Relevant experience of construction manager's team: Preconstruction - 15 Points Relevant experience of construction manager's team: Construction - 15 Points Experience Modifier Rate (EMR < 1.0 is desirable) - 20 Points Proven Project Success (FACTOR: 30%). Relevance & Success Demonstrated by Project Examples - 15 Points Detail, Clarity & Practicality of Project Approach - 5 points Demonstrated Cost & Schedule Management - 10 Points Firm’s Stability (FACTOR: 15%) Current and Pending Claims - 15 points Bonding Capacity - Pass/Fail Information provided by any candidate that indicates the inability to provide a performance and payment bond, or a Page 8 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 below average safety record, in the sole opinion of the City, may supersede the Evaluation Committee’s scoring and disqualify the candidate. The submissions shall be scored and weighted as indicated above, and a short list of no more than five (5) candidates will be selected by the Committee. Step 2: EVALUTION of SHORT-LISTED CANDIDATES’ PROPOSALS & INTERVIEWS - The scoring of the proposals and interviews (if any) received from the short-listed candidates will be a combination of responsiveness, demonstrated competence, and cost. The ratio of scoring of these components will be provided to the short-listed candidates with the Request for Proposal. All short-listed 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 3: 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 4: 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 9 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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 Agent Authorized to sign contract The agents name and email who is authorized to sign the contract (Required: Maximum 1000 characters allowed) 1 4 Zip Code (Required: Maximum 15 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 10 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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 11 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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 Five (5) years experience providing similar services Yes No (Please Select) (Required: Check only one) 2 8 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 2 9 Section 4 Terms and Conditions Page 12 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 3 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 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. 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 Page 13 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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. The City reserves the right to divide the project into multiple parts, to reject any and all qualifications and re-solicit for new qualifications, or to reject any and all proposals and temporarily or permanently abandon the project. The City makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFQ for any project and no such representation is intended or should be construed by the issuance of this RFQ. 15. CONTRACTS The successful awarded vendor(s) will be required to sign an original contract. A sample contract is provided in Attachments: Sample Contract. Respondents shall review the document and note exceptions in the proposal. 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. Page 14 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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 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. 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. Page 15 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 3 1 Acceptance of RFQ Conditions 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) 3 2 RFQ 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) 3 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 16 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 3 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. By submitting qualifications in response to this RFQ, the respondent accepts the evaluation process and acknowledges and accepts that determination of the “most qualified” firm(s) will require subjective judgments by the City. Respondents acknowledge and accept that any costs incurred from the respondent’s participation in this RFQ process shall be at the sole risk and responsibility of the respondent. Respondents submit qualifications and proposals at their own risk and expense. 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 17 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 3 5 Certificate of Interesented 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 18 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967 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 19 of 19 pages Deadline: 4/19/2022 11:00 AM (CT)7967