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Bid Invitation Addendum 37896 CSP Addendum 3 2019 Street Reconstruction Southeast Denton Package A (SEDNA) Issue Date:12/22/2021 Questions Deadline:1/14/2022 03:30 PM (CT) Response Deadline:1/25/2022 11:00 AM (CT) Denton - Purchasing Contact Information Contact:Cori Power Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(940) 349-7100 Email:cori.power@cityofdenton.com Page 1 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 Event Information Number:7896 CSP Addendum 3 Title:2019 Street Reconstruction Southeast Denton Package A (SEDNA) Type:Competitive Sealed Proposal Issue Date:12/22/2021 Question Deadline:1/14/2022 03:30 PM (CT) Response Deadline:1/25/2022 11:00 AM (CT) Notes: CSP 7896 - 2019 Street Reconstruction Southeast Denton Package A (SEDNA) 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). Hard copy bid bonds are required. Questions must be submissions by deadline via IONWAVE only (no emails/no phone calls) ________________________________________________________________ A Pre-Proposal Conference will be conducted for this solicitation. **Project Site-Walkthrough will directly follow (in-person only)** To attend the Pre-Proposal meeting in person, see physical location below: City of Denton Development Service Bldg. Training Room One & Two 401 N. Elm Street Denton, TX 76201 To attend follow the link or call in: Click here to join the meeting Or call in (audio only) +1 940-208-1678,,911820328# United States, Denton Phone Conference ID: 911 820 328# Pre-Proposal Meeting: Thursday, January 13, 2022 at 2:00PM __________________________________________________________________ Page 2 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 A Public Opening will be conducted for this solicitation. To attend public opening in person see physical location below: Development Service Center Training Room One/Two 401 N. Elm Street Denton, TX 76201 To attend virtually follow the link or call in: Click here to join the meeting Or call in (audio only) +1 940-208-1678,,569245881# United States, Denton Phone Conference ID: 569 245 881# Bid Opening: Tuesday, January 25, 2022 at 12:00PM ____________________________________________________________________________ GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Reconstruction of approximately 3,500 linear feet of curb and gutter, 18,000 square yards of asphalt pavement, 9,000 LF of water line installation, and 4,500 LF of sewer line installation. In accordance with the provisions of Texas State Law, the City of Denton (the City) is requesting submissions to contract with an individual or business with considerable experience in providing goods or services of this solicitation. The responses and the cost solutions shall be submitted to the City of Denton in a sealed submission. The awarded individual or business shall possess a proven track record of using innovative approaches to providing goods and services that represent the best value to their clients. The awarded individual or business shall have the ability to accomplish all aspects of the requested services. The selected individual or firm should be able to provide innovative methods to deal with municipal challenges, and cost effective solutions. A firm may submit a solicitation response for one or more of the categories of product or services requested in this solicitation. Page 3 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 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-Proposal Conference 1/13/2022 2:00:00 PM (CT) A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre-solicitation conference is strongly encouraged prior to submission of a response. A project site walkthrough will directly follow. To attend the meeting virtually through Microsoft Teams, follow instructions on 'Bid Details' Tab. To attend the meeting in person, see physical location below: City of Denton Development Service Bldg. Training Room One/Two 401 N. Elm Street Denton, TX 76201 Project Site Walkthrough 1/13/2022 3:00:00 PM (CT) After the pre-proposal conference, interested parties may reconvene immediately thereafter for a walkthrough of the project site. Attendance at the walkthrough is strongly encouraged prior to submission of a response. Bid Attachments CSP 7896 - 2019 Street Reconstruction SEDA - Plans.pdf View Online CSP 7896 - 2019 Street Reconstruction SEDNA - Plans - *DO NOT PRINT* CSP 7896 - 2019 Street Reconstruction SEDA - Specs.pdf View Online CSP 7896 - 2019 Street Reconstruction SEDNA - Specs - *DO NOT PRINT* CSP 7896 - 00 42 44 - Unit Price Proposal Form.xlsx View Online CSP 7896 - 00 42 44 - Unit Price Proposal Form CSP - Key Personnel Resume Form.pdf Download CSP 7896 - Key Personnel Resume Form CSP - Past Experience Form.pdf Download CSP 7896 - Past Experience Form CSP - Safety Record Form.pdf Download CSP 7896 - Safety Record Form CIQ.docx Download Conflict of Interest Questionnaire 1295 Form Instructions.pdf Download 1295 Form Instructions Page 4 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 ADDENDUM 1 - CSP 7896 - Pre-Proposal Meeting Agenda and Attendance.pdf Download **ADDENDUM 1** CSP 7896 - Pre-Proposal Meeting Agenda and Attendance ADDENDUM 1 - CSP 7896 - Pre-proposal Meeting Recording.mp4 Download **ADDENDUM 1** CSP 7896 - Pre-Proposal Meeting Recording ADDENDUM 1 - Project Site Walkthrough Questions and Discussions.pdf Download **ADDENDUM 1** CSP 7896 - Project Site Walkthrough Questions and Discussions ADDENDUM 1 - Section 32 11 29 - Lime Treated Base Courses - MODIFIED.pdf View Online **ADDENDUM 1** Section 32 11 29 - Lime Treated Base Courses - MODIFIED ADDENDUM 2 - Section 32 05 16 - Aggregates for Exterior Improvements.pdf Download **ADDENDUM 2** Section 32 05 16 - Aggregates for Exterior Improvements ADDENDUM 3 - CSP 7896 - SEDNA SPECS - Reprint.pdf View Online **ADDENDUM 3** CSP 7896 - SEDNA SPECS - Reprint ADDENDUM 3 - CSP 7896 - SEDNA PLANS - Reprint.pdf View Online **ADDENDUM 3** CSP 7896 - SEDNA PLANS - Reprint Requested Attachments Construction Proposal Documents (Attachment required) Attach all required documents as outlined in paragraph 12.3 of Section 00 21 16 - Instructions to Offerors. Unit Price Proposal Form (Attachment required) Attach Excel copy of Section 00 42 44 - Unit Price Proposal Form. CSP Past Experience Form (Attachment required) Attach completed CSP Past Experience Form CSP Key Personnel Resume Form (Attachment required) Attach completed CSP Key Personnel Resume Form Schedule and Written Plan (Attachment required) Attach detailed Schedule and Written Plan as outlined in paragraph 12.2.4 of Section 00 21 16 - Instructions to Offerors. CSP Safety Record Form (Attachment required) Attach completed CSP Safety Record Form Bid Acceptance - Exceptions If you answered yes - with exceptions to the bid acceptance question please attach a list of the exceptions Bid Attributes 1 SECTION 1 General Information 2 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 will not allow late submissions due to technical difficulties. Each respondent is Page 5 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 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 technical difficulties that may result in the submission arriving after the set time. Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below: City of Denton Materials Management CSP 7896 - 2019 Street Reconstruction Southeast Denton Package A 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 Bid Invitation b. All Required Response Attachments c. Safety Record (if applicable form will be attached) d. Conflict of Interest Questionnaire e. Appendices may be used for additional documentation or clarification at the respondent's option f. USB flash drive with all submittal documents 3 Submittal Requirement Acknowledgment In addition to completing all required sections of the Proposal Documents, the Offeror shall provide documentation demonstrating the Offeror’s qualifications and experience. This documentation shall be included with the Offeror’s Page 6 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 Ionwave submissions. The Offeror shall address each of the following items in the same order in which they are set forth below. Qualification and experience documentation shall be submitted on letter-size (8-1/2” x 11”) PDF. The qualifications and experience data provided shall include, but may not be limited to the following: Proposal Form - Provide the information as required in Sections 00 41 01 - Proposal Form, and 00 42 44 – Unit Price Proposal Form, to establish: Offeror's General Information Proposal Price Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget: The Offeror shall demonstrate experience in delivering similar work as expressed in the Proposal Documents on schedule and within budget. Submit details of five (5) similar projects completed within the last ten (10) years. The Offeror should include the following items for each project submitted: Project Name Owner Name Project Owner Contact Name, Phone Number, and Email Address Contract Time and Actual Completion Time Original Contract Cost and Final Contract Cost Detailed Project Description The Offeror should present projects that demonstrate experience in the following categories: Site Preparation Roadway Subgrade Stabilization Curb and Gutter Construction Asphalt Paving Water Line Installation Sewer Line Installation Offeror’s Key Personnel: The Offeror shall include an organizational chart (maximum of 1 page) and resume (maximum of 1 page per person) of key team members that will be assigned to the Project. The Offeror should, at a minimum, provide personnel experience for the Project Manager, Superintendent, and the Foreman/Foremen. The Key Personnel resumes should include the following information: Name and Job Title Role and Responsibility Total number of years of experience and total number of years with current firm. Licenses and Certifications. Project Role and Responsibilities. Relevant experience for the categories listed in 13.1.2.7, specifically within the last 5 years. Identify if projects were completed with current firm or previous firm. List of other active projects Key Personnel will be assigned to for the duration of this project and include percentage of time allocated for each. Detailed Schedule and Written Plan to Achieve Substantial Completion and Final Acceptance within the Contract Time: The Offeror shall demonstrate means and methods to achieve Substantial Completion and Final Acceptance within the Contract Time. The Offeror shall include the following: Baseline Schedule – The Offeror shall submit a detailed Baseline Schedule in accordance with Section 01 32 16. The schedule should demonstrate the Offeror’s ability to complete the Project within the Contract Time. The Plan should clearly identify the Critical Path Items and the Plan to keep the project on schedule. The Plan should include, but not be limited to: Critical Path Plan Project Specific Tasks: Site Preparation Roadway Subgrade Stabilization Curb and Gutter Construction Asphalt Paving Water Line Installation Sewer Line Installation Equipment and material delivery Hours of Operation Offeror’s Resources to reach Substantial Completion, including the number of shifts or crews working in parallel. Offeror’s Safety Record: The Offeror shall provide responses and any supporting documentation necessary for the Owner to evaluate the safety record for the Offeror and proposed Subcontractors. The response shall include, but may not be limited to the following: Page 7 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 Documentation of any complaints to, or final orders entered by, the Occupational Safety and Health Review Commission (OSHRC) against the Offeror or a proposed Subcontractor for violation(s) of OSHA regulations within the last five (5) years. Documentation of any citations received by the Offeror or a proposed Subcontractor from any federal, state, or local environmental protection enforcement agency. Provide records showing Total Recordable Incident Rate (TRIR) for each year for the last five (5) years for the Offeror and each proposed Subcontractor. Provide records documenting the Experience Modification Rate (EMR) for the last five (5) years for the Offeror and each proposed Subcontractor. List any fatalities in the safety history for the last ten (10) years for the Offeror and each proposed Subcontractor. Section 00 45 14 – Safety Record Questionnaire. In addition to the information provided above the Offeror shall submit the following forms as part of the Proposal: Section 00 35 14 – Conflict of Interest Affidavit – CSP Section 00 41 01 – Proposal Form – CSP Section 00 42 44 – Unit Price Proposal Form – CSP Section 00 43 14 – Offeror’s Bond – CSP (Hard copy required; must be submitted prior to deadline) Section 00 43 38 – Proposed Subcontractors Form – CSP Section 00 43 39 – Vendor Compliance to State Law Non-Resident Offeror – CSP Section 00 45 14 – Safety Record Questionnaire – CSP Section 00 45 27 – Contractors Compliance with Workers Compensation Law – CSP Section 00 45 44 – Corporate Resolution of Authorized Signatories – CSP Acknowledge (Required: Check if applicable) 4 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: Offeror’s Key Personnel (FACTOR: 10%) Key Personnel will be awarded points for the listed role and responsibility that the resume demonstrates with a maximum score of ten (10) points for a single team member that demonstrates all desirable characteristics. The scores of the individual team members will then be averaged to determine the score for the Offeror’s Key Personnel. Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget (FACTOR: 20%) Points will be awarded based on the Offeror’s experience relevant to this Project, the reputation of the Offeror in performance of similar past projects, overall reputation and experience of the Offeror, and percentage of time Key Personnel is committed to this project. The City will evaluate the projects submitted in accordance with the Submittal Requirements Paragraph, to determine relevancy to the specified scope of this Project and review the Offeror’s performance on the submitted projects. The City may contact the references provided by the Offeror, as well as any other additional references, as may be necessary to verify the qualifications, experience, and reputation of the Offeror. Detailed Schedule and Written Plan to achieve Substantial Completion and Final Acceptance within the Contract Time (FACTOR: 15%) Page 8 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 The schedule and plan should clearly show the Critical Path and the means and methods the Offeror will use to achieve Substantial Completion and Final Acceptance within the Contract Time. Scoring will be based on the Offeror’s ability to communicate the plan and schedule. Offeror’s Safety Record (FACTOR: 5%) The Owner will award points based on evaluation of the safety documentation provided by the Offeror as required in the Submittal Requirements paragraph. Safety documentation for the Offeror and Subcontractors will be evaluated and considered in awarding points for this item. Price, Total Cost of Ownership (FACTOR: 50%) The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome of the computations performed, each submission will be assigned a raw score. The assigned weight will then be applied to these scores to calculate an overall score for each submission for completion of the final scoring process. Step 2: After the final ranking of the submissions and determination of the firm that provide the best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The best and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City will terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is reached of the submissions are formally rejected by the City. Step 3: Upon selection of the submission or Best and Final Offer that represents the “best value”, a written recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager, Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services. In accordance with 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 on the coversheet. 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. Page 9 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 5 Protests Any interested party who is aggrieved in connection with a solicitation or award of a contract may protest per the City of Denton policy located here on page 52 - "https://www.cityofdenton.com/CoD/media/City-of- Denton/Business/Solicitations%20and%20Contracting/Denton-Procurement-Policy_Final.pdf 6 Section 2 Terms and Conditions 7 General Provisions - Additional for Construction 1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS If applicable, Technical Specifications and Drawings/Plans related to this project are attached to this solicitation. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Respondents are advised that the scope of work, attachments, plans (if applicable), specifications, and other documents on file as stated in the proposal documents shall constitute all the information which the City shall furnish. Respondents are required, prior to submitting any response, to review all documents (scope of work, plans, specifications, exhibits, contract, amendments, bond forms, etc.,) carefully; to visit the site of the work (if applicable); to examine carefully the local conditions; to inform themselves with their independent research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion and to obtain all information required to make an intelligent proposal. No information given by the City or any official thereof, other than that shown on the scope of work, plans (if available) and contained in the specifications, exhibits, and other contract documents, shall be binding upon the City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete information upon which the submission may be based. Any respondent, by submitting a response, represents and warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his calculations and found them to be correct and agrees to be bound thereby. 3. BONDS Successful awarded contractor will be required to sign original contract and submit a blanket performance and payment bond as outlined in specifications before work is to commence. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended. 4. PREVAILING WAGE RATES In accordance with Texas Government Code 2258, the awarded contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas. Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants Page 10 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 that the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce proof of compliance with this provision by contractor to the City. The City shall withhold payments due to contractor until contractor has complied with this provision. Prior to any payment being made for work satisfactorily completed and accepted, contractor shall submit wage rate affidavits with its billing documents affirming that all employees have been paid not less than the current "Federal Minimum Wage”. 5. 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 monthly pay apps per the schedule of values outlined in the attached STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES, Article 9 Payments and Completion. c. TAX EXEMPTION The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR Upon award of the contract, the Contractor shall inform the City of the subcontractors and material sources that will be used. Upon the completion by the Contractor of the construction of the project, but prior to final payment to the Contractor, the Contractor shall deliver to the City releases of all liens, and of rights to claim any lien, from all manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the effect that all materials or services used on or for the project have been paid for and indicating that the City is released from all such claims. e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS Page 11 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 The Contractor shall pay each material-men, and each subcontractor, if any, as outlined in the project specifications, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each material-men or each subcontractor. 6. WARRANTIES The contractor shall provide a warranty as outlined in the project specifications. 8 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. 9 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 0 Bid Acceptance Exceptions If you answered yes - with exceptions to the above question you must attach exceptions narrative in attachment tab. (Additional exceptions will not be allowed during the negotiation process) Yes, I understand any exceptions must be attached (Required: Check if applicable) Page 12 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 1 1 Acknowledgement The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all addendum(s). I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract within one year as requested in the scope of work. The Bidder hereby agrees that the City reserves the right to waive informalities in any bid and to reject any or all bids, or to accept any bid that in its judgment will be for the best interest of the City. Acknowledge (Required: Check if applicable) Page 13 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 1 2 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) 1 3 Prohibition on Contracts with Companies Boycotting Israel Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts and provide documentation that make it exempt from the boycott certification in its Response. Exemption criteria includes the following: 1. Company is a sole proprietorship; 2. Company employs less than 10 full-time employees; 3. Value of the contract is less than $100,000 “Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. “Company” is defined to mean a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit. Sole proprietorship Employs less than 10 Full time employees Value of the contract is less than $100,000 Does not Boycott Israel (Required: Check only one) Bid Lines 1 TOTAL PROPOSAL AMOUNT Item Notes: Copy your responses from Section 5.2 in the following fields. Please note that the following totals must match your totals in the Excel Unit Price Proposal Form and on the Proposal Form, Section 5.2 in the Specifications attachment (Bid Specifications 00 41 01). If different, Section 5.2 Total Proposal Amount of the Proposal Form (Bid Specifications 00 41 01) will be the official proposed amount. (Line excluded from response total) Page 14 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 2 Total Base Proposal Amount (Response required) Base Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 15 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Print Name Signature Page 16 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3 Page 17 of 17 pages Deadline: 1/25/2022 11:00 AM (CT)7896 CSP Addendum 3