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Bid Invitation - 8567 Addendum 28567 Addendum 2 Construction Manager at Risk (CMAR) for Service Center Issue Date:5/16/2024 Questions Deadline:6/28/2024 03:30 PM (CT) Response Deadline:7/17/2024 01:00 PM (CT) Denton - Purchasing Contact Information Contact:Cori Power Address:Procurement 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 x7748 Email:Cori.power@cityofdenton.com Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 1 of 18 pages Event Information Number:8567 Addendum 2 Title:Construction Manager at Risk (CMAR) for Service Center Type:Request for Proposal Issue Date:5/16/2024 Question Deadline:6/28/2024 03:30 PM (CT) Response Deadline:7/17/2024 01:00 PM (CT) Notes:RFP 8567- CMAR for Service Center Facility 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). Questions must be submissions by deadline via IONWAVE only (no emails/no phone calls) ________________________________________________________________ ___________________________________ A Pre-Proposal and Project Walkthrough will be conducted for this solicitation on Friday, May 31, 2024 at 1:30 PM CST *Project Site Walkthrough to follow immediately afterwards. (in-person only) To attend the Pre-Proposal/Site-Visit meeting in-person, see physical location below: City of Denton Service Center Building 2nd Floor Training Room 901-B Texas Street Denton, TX 76209 To attend virtually follow the link: Click here to join the meeting Meeting ID: 254 685 840 451 Passcode: eJRnMj Download Teams | Join on the web ________________________________________________________________ ___________________________________ A Public Opening will be conducted for this solicitation on Wednesday, July 17, 2024, at 1:45 PM CST. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 2 of 18 pages To attend the Public Opening in-person, see physical location below: Development Services Center Training Room One 401 N. Elm St Denton, TX 76201 To attend virtually, join on your computer, mobile app or room device. Click here to join the meeting Meeting ID: 290 046 679 530 Passcode: 8WqXKD *Call in (audio only) option is no longer available through Teams ________________________________________________________________ ___________________________________ The City of Denton, Texas (the “City”) is pleased to be accepting proposals and qualifications for a Construction Manager at Risk (“CMAR”) to provide, without limitation, material, labor, equipment, supervision, and other services (“the Work”) for the Service Center Facility Project. The City will be using a one-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. Ship To Information Address:901 B Texas St Denton, TX 76209 Phone:(940) 3497148 Billing Information Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 3 of 18 pages Bid Activities Pre-Proposal and Site Walkthrough Conference 5/31/2024 1:30:00 PM (CT) A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre- solicitation conference is strongly encouraged prior to submission of a response. A project site walkthrough will directly follow. To attend the meeting virtually through Microsoft Teams, follow instructions on 'Event Details' Tab. To attend the meeting in person, see physical location below: Service Center Building 2nd Floor Training Floor 901-B Texas Street Denton, TX 76209 Bid Attachments RFP 8567 CMAR for Service Center - Project Charter.pdf View Online RFP 8567 CMAR for Service Center - Project Charter CMAR Agreement -- Preconstruction.docx Download SAMPLE CMAR Agreement -- Pre-Construction Phase CMAR Agreement -- Construction.docx Download SAMPLE CMAR Agreement -- Construction Phase 00 72 00 - Vertical Construction General Conditions.doc Download 00 72 00 - Vertical Construction General Conditions Conflict of Interest Questionnaire - CIQ.pdf Download Conflict of Interest Questionaire SAFETY RECORD QUESTIONNAIRE.docx Download Safety Record Questionairre 8567 Addendum 2 - Prebid Attendance List - In Person.pdf View Online Addendum 2 - 8567 Prebid Attendance List - In person 8567 CMAR for Service Center Pre-Proposal Meeting Recording.mp4 View Online Addendum 2 - 8567 Prebid Recording Addendum 2 - 8567 Prebid Attendance List - Virtual.txt View Online Addendum 2 - Prebid Attendance - Virtual Requested Attachments CMAR Cost Proposal (Attachment required) The submittal shall include at a minimum the information requested in Attribute 5, paragraph A. CMAR Technical Proposal (Attachment required) The submittal shall include at a minimum the information requested in Attribute 5, paragraph B. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 4 of 18 pages 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 Questionnaire (Attachment required) Attach completed Safety Record Questionnaire Form Bid Attributes 1 SECTION 1 General Information 2 Project Information The Project Information can be found in the Project Charter for the Service Center Facility Project attached to this proposal within the Attachments tab. A. PROJECT INFORMATION 1. The City of Denton seeks to construct a new Service Center. This project will consist of multiple phases throughout the course of the overall project. The main goal of the project is to deliver a new Service Center on the same property as the existing location at 901 Texas St. The expectation is that the new building will be approximately 70,000 square feet. Also included will be the demolition of the existing Service Center after the construction of the new one. The warehouse that is currently connected to the existing Service Center will need to remain in place with renovations/expansion as needed. The site will need to remain operational throughout the construction process. To go along with the new building construction, the majority of the approximately 35-acre site will need to be reworked to address needs for parking, drainage, storage, etc. Departments housed in the Service Center will likely include but not necessarily be limited to Water, Wastewater, Streets, Drainage, Traffic, Tech Services, Sustainability, Parks & Rec, and Purchasing. This will equate to approximately 300 employees needing space in the building with almost half of those employees being in the office full time. This number includes anticipated future employee growth. City occupancy standards will dictate the amount of space available to each department. The work will generally consist of the following: • Covered parking for all City vehicles – approximately 600 spaces • Solar incorporated into parking structures • E/V stations • Water testing lab • 20 climate-controlled bays for maintenance, parking, and storage • City fiber ring • Printing Center • CNC/Sign Fabrication Shop • Fitness Center • Meter Shop Test Bench Facility • Backflow Testing Station • Traffic Management Center • Sign Controller Testing Lab • Lay-Down Yards • Wash-Out Areas • Exterior Storage 2. Please see attachment for location of the site, and more information on the project program. B. PROJECT BUDGET Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 5 of 18 pages 1. The current budget for the project is approximately $70 million dollars ($70,000,000), including without limitation, the CMAR's preconstruction services, design estimate, home office overhead and profit, and all Cost of the Work items required to deliver the projects per the Contract Documents. For the purposes of responding to this RFP, the CMAR should use the following assumptions: a. The City will be using the Cost of the Work plus Fee with a Guaranteed Maximum Price method of contracting. b. Multiple construction packages will be allowed, but the preconstruction phase services cost models will be required to reflect each construction package. The GMP proposal for each construction package will be reviewed against the cost models for that package provided by the CMAR during the preconstruction phase. C. PROJECT SCHEDULE 1. The City anticipates issuing a Notice to Proceed with preconstruction services to the selected CMAR in Q3 of 2024. 2. The date for Final Completion (FC) of all project packages is anticipated to be no later than Q4 of 2027. 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. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 6 of 18 pages 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. Any submission received after the date and/or hour set for solicitation opening will be returned unopened. 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 Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below: City of Denton Materials Management RFP 8567 - Construction Manager at Risk for Service Center 901B Texas Street Denton, TX 76209 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. Utilize tabs to identify exhibits and attachments. 3. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm. 4. Submit response before the published due date. Hard copy submittals must be in a sealed envelope with the solicitation number and name. 5. The submission shall include the following: Completed Bid Invitation Required Core Submittal Attachments 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 (required) The City cannot guarantee review of voluminous firm-specific or other information contained in the Appendix, other than the required Construction Cost Example; Schedule; and City-CMAR Agreement comments. 5 Core Submittal Information Request The successful candidate's proposal shall include the following information, at a minimum and be limited to no more than 25 pages per proposal submittal: A. CMAR's COST PROPOSAL 1. Please provide the preconstruction and construction fees for the construction team. Percentage of construction work is acceptable for the construction phase fee, but the preconstruction fee should be broken down based on the major CMAR Deliverables required in the pre-construction phase services agreement. In providing the preconstruction phase fee, include the hours by project individual/role, the rate of each project team member and the total cost by task/deliverable and by individual in your submission. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 7 of 18 pages a. Include a narrative describing any qualifications or assumptions that may explain the rationale for developing the preconstruction phase fee. The preconstruction phase fee should be coordinated with your project sequencing/packaging approach described in other sections of the proposal. b. Include a narrative describing how your construction fee might be adjusted pending delivery of the project. For example, if your construction fee is related to how much work your team is managing, describe how your fee will be adjusted if your team is selected to self-perform. c. This Fee Proposal is a binding offer to perform the CMAR services required to complete this project. The City, however, reserves the right to negotiate a fee adjustment based on scope clarification(s) subsequent to selection and prior to contract execution. 2. Please provide an estimate of your team’s general conditions costs, including mobilization and demobilization percentages, for a project of the size and complexity of Service Center Project. a. Include a narrative describing your team’s approach to developing a general conditions estimate for this project and any relevant assumptions/qualifications. b. The City, however, reserves the right to negotiate a cost adjustment to these general conditions based on development of the project sequencing and other requirements through the pre-construction phase. B. CMAR’s TECHNICAL PROPOSAL 1. CMAR's Qualifications and Experience - Please provide the following: a. Provide a brief overview of the firm. Include years in business, dollar volume per year for the last five (5) years, and significant focused on municipal vertical project experience of a similar size. b. Provide a description of the composition and management structure of the CMAR candidate’s team. i. Include the qualifications and relevant experience of the proposed project manager, construction superintendent, lead estimator, lead scheduler, preconstruction services lead and other key team members. Clearly show which of your team members will be working on the project during preconstruction; which are assigned to the construction team; and how preconstruction services will integrate into construction phase services. c. Identify the CMAR candidate’s roles, responsibilities, and relevant experience with projects of similar scope and complexity, specifically focused on municipal vertical project experience of a similar size. d. Select your Firms’ and Team Members’ three (3) most relevant complex projects (CMAR or alternative delivery preferred) from the last ten (10) years and provide the information below: i. Project name, candidates team member and role played, amount of original and final contract, Owner contact information, a short description of change orders (e.g. owner initiated; design document ambiguity; unforeseeable condition). e. Provide claims history for the past five (5) years on respondent contracts; explain the litigation, the issue, and its outcome. 2. Project Specific Delivery Approach - Please provide a narrative describing in detail your team’s approach to specific requirements of the Service Center Project, including items your team believes are important to the project's success such as (but not limited to): a. Packaging/sequencing of the project b. Subcontracting and materials purchasing plan c. Construction management and oversight d. Service Center Operational coordination Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 8 of 18 pages 3. Pre-Construction Phase Services Approach - Please provide a narrative describing in detail your team's approach to providing the pre-construction phase deliverables identified in the draft pre-construction (design) phase contract. At a minimum, address all items captured in your fee proposal spreadsheet, with special attention to your team's approach to cost modeling, schedule management, coordination with the City and the design professional, and project reviews. 4. Quality Assurance and Quality Control - Please provide a narrative describing your team’s approach to QA/QC during the preconstruction and construction phase of this project, with special attention to items such as (but not limited to): 1. Review of preconstruction phase deliverables 2. Planning of construction activities 3. Subcontractor coordination 4. Service Center Operation coordination 5. Materials testing and inspections 5. Provide the completed Safety Record Questionnaire Form describe your team's safety program. C. CMAR CANDIDATE'S STABILITY 1. Performance and payment bonding capacity sufficient to ensure the proposed contract amount shown in Attribute 2 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 2019 as the fifth year. In addition, please provide that entity's bonding unused (available) capacity as of December 1, 2023. The City understands this amount may have changed since that date. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 9 of 18 pages 6 Interview Interviews will be held for the up to three (3) highest scoring firms after the initial evaluation review process to finalize the selection ranking to enter into negotiations. Interviews will be structures as one (1) hour 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 at the City of Denton's Development Services Center located at 401 N. Elm St, Denton, Texas 76201. The following date and (preliminary) times (please reserve this date for key team members): Interview One: August 9, 2024 at 8:30 AM CST Interview Two: August 9, 2024 at 12:30 PM CST Interview Three: August 9, 2024 at 3:00 PM CST The candidates will be requested to present the following information: A. INTRODUCTION OF PROJECT TEAM 1. Briefly introduce the team in attendance at the interview and their qualifications, relevant experience, and approximate time commitments and availability for this project. B. TECHNICAL PROPOSAL OVERVIEW 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 on similar projects. Include examples and lessons learned from previous, similar experiences. 2. Present the plan your team will use to manage the overall safety of the public, City staff, and construction team and your approach to public engagement to facilitate project delivery. Include examples and lessons learned from previous, similar experiences. 3. 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. 4. Explain your firm's approach to the Service Center project and any early challenges you see in constructing the project. C. SCENARIO QUESTION 1. A scenario question will be provided for each firm to work through and answer. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 10 of 18 pages 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. There will be a maximum of 100 points available for the combined score of the Cost Proposal and the Technical Proposal. Each candidate will be evaluated and scored according to the following criteria: Cost Proposal (FACTOR: 20%) CMAR's Preconstruction Fee - 5 Points CMAR’s Construction Fee - 10 points CMAR’s General Conditions costs - 5 points Please base costs off of the General Conditions found in the Attachments tab. Technical Proposal/Interview (FACTOR: 80%) Qualification and Experience of the Firm - 20 points Project Specific Delivery Approach - 20 points Pre-Construction Phase Services Approach - 20 points Quality Assurance and Quality Control - 15 points Safety Questionnaire - 5 points Firm's Stability (Pass/Fail) Bonding Capacity - Pass/Fail Step 2: After the final ranking of the submissions and determination of the firm that provide the best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The 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. A public opening will be conducted with this process. Respondent names and pricing will be read at the time and date published under Event Details. 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. Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 11 of 18 pages 8 Information Requests A. This RFP provides the CMAR candidates 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 the posted question deadline within this solicitation. Questions must be submitted in Ionwave. The City may, but is not obligated to respond to questions received after the 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 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 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 Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 12 of 18 pages 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 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 Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 13 of 18 pages 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 in the Attachments tab. 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. 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 Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 14 of 18 pages 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. 1 1 Acceptance of 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) 1 2 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) Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 15 of 18 pages 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) Bid Lines 1 CMAR COST PROPOSAL (Line excluded from response total) Item Notes:Provide the total amounts for each line below as provided within your CMAR Cost Proposal attachment. 2 Total CMAR Pre-Construction Fee (Response required) Base Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 16 of 18 pages 3 Total CMAR Construction Fee (Response required • Line excluded from response total) Total:% Supplier Notes: Alternate specification (Attach separate sheet) Additional notes (Attach separate sheet) 4 Total CMAR General Conditions Cost (Response required) Base Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 17 of 18 pages 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 Deadline: 7/17/2024 01:00 PM (CT)8567 Addendum 2Page 18 of 18 pages