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Bid Invitation (39)7750 Addendum 1 Fleet Services Expansion Issue Date:3/19/2022 Questions Deadline:4/11/2022 03:00 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 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 Event Information Number:7750 Addendum 1 Title:Fleet Services Expansion Type:Competitive Sealed Proposal Issue Date:3/19/2022 Question Deadline:4/11/2022 03:00 PM (CT) Response Deadline:4/19/2022 11:00 AM (CT) Notes: CSP 7750 - Fleet Services Expansion The submittal process may take significant time. The City highly recommends that respondents do not wait until minutes before the due date and time to submit proposal. Submissions via email will not be accepted. Questions must be submissions by deadline via IONWAVE only (no emails/no phone calls) A non-mandatory pre-solicitation conference will be available to interested contractors on April 5, 2022 @ 2 PM. Attendance at the pre-solicitation conference is strongly encouraged prior to submission of a response. A project site walkthrough will occur directly afterwards. Location Pre-Solicitation Meeting: Denton Facilities Management 869 S Woodrow Ln, Denton, TX 76205 Conference Room A public opening will be conducted for this solicitation on Tuesday, April 19, 2022; 12:00 PM 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: Page 2 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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# Each proposal must be accompanied an acceptable bid bond payable without recourse to the City of Denton, Texas in an amount not less than five percent (5%) of the proposal submitted as guarantee that the proposer will enter into a contract and execute a performance bond, a payment bond and insurance certificate within ten (10) days after the notification of the award. Hard copy bid bonds are required. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Service Bay Expansion Fleet Services Facility - Expansion of 804 Texas Street, Denton, Texas 76209 New Truck Bay - 16,404 SF Total Building Area - 40,964 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 shall be submitted to the City of Denton in a sealed submission. The awarded firm shall possess a proven track record of using innovative approaches to deliver facilities that represent the best value to their clients. The selected firm should be able to provide innovative methods to deal with current marketplace escalation and supply chain interruption challenges, and cost effective solutions. Ship To Information Billing Information Page 3 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 Address:901B Texas Street Denton, TX 76209 Contact:City of Denton Address:Accounts Payable 215 E McKinney St Denton, TX 76201-4299 Bid Activities Pre-bid and Site Visit 4/5/2022 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 occur directly afterwards. Locations Pre-Solicitation Meeting: Denton Facilities Management 869 S Woodrow Ln, Denton, TX 76205 Conference Room To attend the Pre-solicitation meeting virtually: Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 940-208-1678,,656975458# United States, Denton Phone Conference ID: 656 975 458# Find a local number | Reset PIN Site Visit: In-Person Only Service Bay Expansion Fleet Services Facility - 804 Texas Street, Denton, Texas 76209 Bid Attachments Fleet Services Expansion APPROVED PERMIT ADDENDUM.pdf Download 7750 - Addendum to 2019 drawings Fleet Services Expansion APPROVED PERMIT DRAWINGS.pdf Download 7750 - Drawings Fleet Services Expansion APPROVED PERMIT SPECS.pdf Download 7750 - Specifications 1 - 7750 Proposal Form.doc Download Proposal Form Page 4 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 2 - Unit Price Proposal PPVeditsAccepted.xlsx Download Unit Price Proposal form 3 - Conflict of Interest Affidavit.pdf Download 3 - Conflict of Interest Affidavi 4 - Offerors Bond.pdf Download 4 - Offerors Bond 6 - Safety Record Questionnaire.pdf Download 6 - Safety Record Questionnaire Substitute_W-9_Form_10.18.18.pdf View Online Substitue w-9 A101 Owner GC - Stipulated Sum.pdf Download Agreement A201 Gen Cond - Stipulated Sum.pdf Download General Conditions Requested Attachments Core Submittal Requirements (Attachment required) The submittal shall include at a minimum any information requested in Attribute 3 that is not included in the other attachments. Safety Record (Attachment required) The City of Denton desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding City contracts. Pursuant to Section 252.0435 of the Local Government Code, the City of Denton has adopted the written definition and criteria as shown in the Safety Record Questionnaire for accurately determining the safety record of a respondent prior to awarding City contracts. Proposal Form (Attachment required) Completed and signed Proposal Form from attachments Unit Price Proposal Form (Attachment required) Please submit in Excel format 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. Substitute W9 (Attachment required) This will be used if awarded to set you up in our system. 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 Page 5 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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 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 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 50 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. Pricing Sheet and Unit Price Proposal Form c. Safety Record (form is attached) d. Conflict of Interest Questionnaire e. Other documents requested in Attribute 3 - Core Submittal f. USB flash drive with all submittal documents 3 Submittal Requirement Acknowledgement 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 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: Offeror's General Information Proposal Price Quality Management Plan Cost & Schedule Control Approach Information Management Plan 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 Page 6 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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 preconstruction and construction of fleet maintenance facilities. : 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, 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. The Detailed Schedule The Offeror shall submit a detailed Baseline Schedule in Gant Chart format, with the critical path clearly identified. The Detailed Schedule should include, but not be limited to: Separate activities for any work over $10,000 Key project milestones Procurement & contracting activities Mobilization & demobilization Key submittals & key lead times Substantial Completion Punchlist 11 month warranty walk Equipment and material delivery 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: 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. 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: Page 7 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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: 35%) 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, Quality, Cost & Information Management Plans (FACTOR: 10%) 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 (FACTOR: 40%) The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty provisions. The City will choose which (if any) of the alternates it is most likely to accept . It will add these to the Base Proposal to create the price to be used for scoring each Offerer's price. 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 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. Page 8 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 In accordance with Texas State Law, trade secrets and confidential information in competitive sealed proposals are not open for public inspection. A virtual public opening and an in-person opening will be conducted with this process. Respondent names and pricing will be read aloud forty-five minutes after the opening time and date 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. 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 - Procurement Policy 6 Section 2 Terms and Conditions 7 General Provisions 1. SILENCE OF SPECIFICATIONS The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as a meaning that the only best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. __________________________________________________________________________________________ 2. RESPONDENTS COST TO DEVELOP SUBMITTAL Respondents to this solicitation are responsible for all costs of submittal preparation, delivery and any oral presentations required as part of the selection process. All materials submitted in response to the solicitation become property of the City of Denton and will be returned only at the option of the City. __________________________________________________________________________________________ 3. MINIMUM RESPONSE Submittals that do not, at a minimum, contain the Attachments and Exhibit 1 Pricing Sheet will be subject to disqualification at the sole discretion of the City of Denton. If any firm submitting a proposal is a corporation, it must be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the submittal. __________________________________________________________________________________________ 4. VALIDITY PERIOD The information included in the solicitation response(s), and any cost information obtained from a negotiation process, remain valid for 90 days from the response due date or until the governing body approves the contract. __________________________________________________________________________________________ 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 Page 9 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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 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 Page 10 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 copyrights on goods supplied. __________________________________________________________________________________________ 14. AWARD The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by entire proposal; whichever is most advantageous, or provides the “best value” to the City, unless denied by the respondent. __________________________________________________________________________________________ 15. CONTRACTS The successful awarded vendor(s) will be required to sign an original contract. A sample contract is attached. __________________________________________________________________________________________ 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 topurchasing@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 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. 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. __________________________________________________________________________________________ 21. 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 Page 11 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. b.PAYMENT TO PERFORMANCE MILESTONES Awarded contractor shall prepare and submit invoices after completion of specific project milestones. The invoice shall detail the major milestones accomplished and detailed cost information for project. These milestones shall be submitted to the City of Denton and the City’s Project Staff shall review such for completion and accuracy, prior to payment authorization. c. TAX EXEMPTION The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. __________________________________________________________________________________________ 22. 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. 23.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. 8 General Provisions - Additional for Facility Construction 1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS Technical Specifications and Drawings/Plans related to this project are attached to this solicitation, if applicable. Electronic documents of the solicitation are available on the City of Denton’s website https://dentontx.ionwave.net/. ____________________________________________________________________________________________________ 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK Respondents are advised that the plans, specifications, and other documents on file as stated in the Table of Contents shall constitute all the information which the City shall furnish. Respondents are required, prior to submitting any response, to review the plans, read the specifications, exhibits, contract, and bond forms carefully; to visit the site of the work; 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 plans and contained in the specifications, exhibits, and other proposed 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. Page 12 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 __________________________________________________________________________________________ 3. PREFERENCE A. LOCAL PREFERENCES 1. It is the intent of the City of Denton to comply with Sections 271.905 and 271.9051 of Texas Local Government Code allowing for consideration of the location of a bidder’s principal place of business in award of a bid. 2. Scope-This policy applies to the purchase of real property and personal property that is not affixed to real property or services (including construction services) through a Competitive Bid. Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a responsible bidder. Best Value Bid – Price is only one of a number of determining factors that are weighted for evaluation purposes. (Texas Local Government Code 252.043 3. Criteria A. Lowest Responsible Bids A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids, including services, less than $500,000. Excludes telecommunication and information services. A three percent (3%) price differential will apply to bids, excluding construction and services, greater than $500,000. The chart below is a summary of the criteria for Lowest Responsible Bids: Local Government Code 271.9051 Local Government Code 271.905 5% price differential 3% price differential Construction bids less than $100,000 All other bids, excludes construction and services, greater than $500,000All other bids, including services, less than $500,000 B. Best Value Bids-Price is only one of a number of determining factors that are weighted for evaluation purposes as provided in Local Government Code 252.043. As a result, an additional weighted factor will be added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%, will be consistent with the criteria outlined in the chart above. C. Local Bidder Preference Consideration Application A new and complete application must be submitted with each competitive bid by the due date, including a Tax Certification from the Denton County Tax Assessor/Collector. This application serves to ensure the qualification of a bidder as a local bidder and serves as the basis for meeting the statute’s requirement that the governing body find, in writing, that a bidder is a local bidder. D. Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid documents. E. Exceptions-This policy does not apply to purchases obtained through a Request for Qualifications (RFQ), Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or Interlocal Agreements. F. Award of Contract-The City Council may award a competitively bid contract to the lowest responsible bidder, local bidder or reject all bids. B. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS 1. This section applies only to a contract to be performed, wholly or partly, in a non-attainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. 2. A governmental agency procuring goods or services may: give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or Page 13 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. The preference may be given only if the cost to the governmental agency for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards.” __________________________________________________________________________________________ 4. POST AWARD ADDITIONAL REQUIREMENTS Pre-Construction Meeting: Prior to commencement of the services, the City and the Contractor will conduct a pre-construction meeting to review the overall scope, schedule, deliverables, planning process, and to insure that all relevant parties to the project are introduced. Environmental Hazards: There are no known safety or environmental hazards existing on the project site at the time of issue of this solicitation. The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazards may exist at the City’s facilities. The Contractor shall be responsible for identifying any hazardous conditions and notifying the City verbally of such conditions as soon as possible after discovery and shall follow up in writing within 10 days of such discovery. The costs for necessary investigations or any potential corrective actions will be negotiated between the City and the Contractor. Contractor Standards of Performance: The contractor shall prosecute the work diligently with skilled craftsmen and with state-of-the-art methods to complete the work within the time stated in the contract or such time extensions as may be grant Monthly Reports: The awarded Contractor shall provide to the City of Denton, detailed reports of daily work conditions, daily man power availability, equipment problems, and work accomplished on a monthly basis. Safety: 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 to the Project Manager and all safety precautions shall be taken to prevent potential safety issues from occurring. __________________________________________________________________________________________ 5. BONDS Successful awarded contractor will be required to furnish original performance and payment bonds for 100 percent of the total submission price before work is to commence. The contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects less than $50,000. The City shall normally return the proposal bonds within ten (10) working days after the proposal due date, except for the three top ranked firms. The three top ranked firms will be retained by the City until the required contract and bonds have been executed, after which they shall be returned. Each proposal must be accompanied an acceptable bid bond payable without recourse to the City of Denton, Texas in an amount not less than five percent (5%) of the proposal submitted as guarantee that the proposer will enter into a contract and execute a performance bond, a payment bond and insurance certificate within ten (10) days after the notification of the award. __________________________________________________________________________________________ 6. RETAINAGE Retainage is part of public works contract payment withheld by the City to secure performance and payment to subcontractors. The City withholds 5% on public works contracts and requires retainage for public works contracts in excess of $50,000. __________________________________________________________________________________________ 7. LIQUIDATED DAMAGES The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse or fail to complete the construction within the time agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, the City shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of Page 14 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 FIVEHUNDRED DOLLARS ($5OO.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty; if the amount due and to become due from the City to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to the City the amount necessary to effect such payment in full: Provided, however, that the City shall promptly notify the Contractor in writing of the manner in which the amount retained, deducted or claimed as liquidated damages was computed. Liquidated Damages are further discussed in A201 General Conditions Section 8.6. __________________________________________________________________________________________ 8. SUBSTITUTIONS Substitutions are not permitted without the written approval of The City of Denton Purchasing Department. If specific manufacturers, brands or part numbers are listed in the exhibits, the City will not accept substitutes. If the manufacturer part numbers provided has been updated, but do not change the material functionality, please note the change in exceptions. __________________________________________________________________________________________ 9. ASBESTOS FREE MATERIALS The contractor shall provide asbestos-free materials as represented by the Manufacturer’s “Materials Safety Data Sheets”. __________________________________________________________________________________________ 10. 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 (WD-2509). Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants 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”. __________________________________________________________________________________________ 11. REMEDIES a. COMPLETION OF CONTRACTOR’S DEFAULT If default shall be made by the Contractor or by any subcontractor in the performance of any of the terms of this proposal, the City, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the City and/or Engineer shall be made by the Contractor or its Surety or Sureties, the City may take over the construction of the project and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the City for any cost or expense in excess of the contract price occasioned thereby. In such event the City may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Contractor or any of its subcontractors, which may be situated at the site of the project. The City in such contingency may exercise any rights, claims or demands which the Contractor may have against third persons in connection with this contract and for such purpose the Contractor does hereby assign, transfer and set over unto the City all such rights claims and demands. b. LIQUIDATED DAMAGES Respondent must agree to commence work on or before a date to be specified in written "Notice to Proceed" by the Owner, and to fully complete the project within the time stated on proposal. As failure to complete project within the stated time, respondent agrees to pay as liquidated damages, the sums indicated in the Solicitation Main document Section 10, for each working day of delay until work is completed and accepted. Delays because of strikes, fire, weather, or any cause beyond the contractors control shall be granted, but claims for extension shall be in writing within a reasonable time after the occurrence. Contractor shall submit request for delay on a monthly basis in a letter form indicating reason and date of delay. Failure to do so on a monthly basis means contractor will forfeit those delay days. Liquidated damages in the amount per day shown in Main Solicitation Document, Section 10 “Liquidated Damages”, will be assessed against the Contractor for each calendar day or portion thereof that: Page 15 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 (1) the Contractor has not fully and timely completed the specific portion or part of the work to be completed by the end of the current month as provided in the detailed description of work and/or schedule previously submitted by the Contractor on the first day of that particular month, after accounting for any agreed-upon changed orders, which will entitle the Owner to withhold the liquidated damages from the payment otherwise owed to the Contractor for work completed in that particular month; (2) the Contractor has not substantially completed all work following the expiration of the number of calendar days to complete the work as agreed upon in the contract, after accounting for any agreed- upon changed orders; or (3) all items listed as incomplete and attached to the Certificate of Substantial Completion are not completed or corrected after expiration of the agreed time allotted for completion and correction, including any approved extensions of time granted. These liquidated damages are cumulative. The sum of the liquidated damages will be deducted from any monies due the Contractor. If no money is due the Contractor, said sum may be recovered by the Owner from the Contractor or the Contractor's surety, or from both combined. These deductions are to cover liquidated damages to the Owner for losses to Owner that include, but are not limited to, additional expenses of Contract administration, overhead and other costs resulting from failure of the Contractor to complete the Work within the designated time, and are not to be considered as penalties. The Owner shall not be considered liable for any extra or additional payment to the Contractor as a bonus or premium for early completion. Any failure on the part of the Owner to request or require payment or withholding of liquidated damages in any particular month shall not constitute a waiver of Contractor’s requirement to pay, or the Owner’s ability to withhold from payments owed to Contractor, any liquidated damages for work performed or completed in that particular month, in any prior or subsequent month, or at the time all work has been completed. c. CUMULATIVE REMEDIES Every right or remedy herein conferred upon or reserved to the City shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the Contractor to complete the construction of the project within the time herein agreed upon. __________________________________________________________________________________________ 12. PAYMENT AND PERFORMANCE REQUIREMENTS a. PAYMENT AND INVOICES: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Submissions which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever is later. Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. b. PAYMENT TO PERFORMANCE MILESTONES Awarded contractor shall prepare and submit invoices after completion of specific project milestones. The invoice shall detail the major milestones accomplished and detailed cost information for project. These milestones shall be submitted to the City of Denton and the City’s Page 16 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 Project Staff shall review such for completion and accuracy, prior to payment authorization. c. TAX EXEMPTION The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09. 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 The Contractor shall pay each material-men, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the City, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each material-men or each subcontractor. __________________________________________________________________________________________ 13. WARRANTIES The contractor shall provide a 2 year warranty that is standard in the industry. 9 General Provisions - Special Notices and Requirements (Facility Construction) 1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS General: The General Conditions, Supplementary Conditions and Special Conditions provide definite times for Contractor to submit certain lists, qualifications, price breakdowns and schedules for administrative procedures including but not necessarily limited to the following: List of Subcontractors: Before the execution of the Contract, the respondent awarded the contract will submit to the City for approval a list of all Subcontractors, and/or his major Subcontractors, proposed to use. This list will include each Subcontractor's correct name,mailing address and phone number. Contractor's Superintendent: The Contractor shall submit the name and qualifications of the person designated as Project Superintendent within ten (10) days of the receipt of the Notice of Award Letter. Contract Price Breakdown: Upon execution of the Contract, the Contractor shall submit to the City for approval a breakdown of the Contract price, itemizing material and labor for various classifications of work. 1. The City will provide forms for the Contractor to use to prepare the schedule of values. 2. Unit Price items will be multiplied by the estimated quantities to give the item totals. The total item will then be divided into "material" and "labor" and listed on the breakdown. The breakdown of unit price items into material and labor isrequired so the City may make progress payments on materials delivered before the labor is performed. Work Progress Schedule: Within three (3) weeks after receipt of a work order, the Contractor shall submit in duplicate to the City for approval an estimated progress schedule for the work in relation to the entire project, over the total contract time. Schedules showing less than the stipulated contract time will be rejected. See details for this requirement in the attached STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES, Article1, paragraph 3.10 “Contractors Construction Schedule”. Testing and Quality Control: Observation of the Contractor's work to determine compliance with the plans and specifications may include testing of material installed on the project. A Testing Laboratory located by the Contractor shall do testing of materials furnished and work performed. The Contractor shall use only materials in the work, which meet the requirements of the specifications. The Contractor shall furnish at his own expense all necessary tests and specimens for testing of the material and when requested shall furnish a complete written statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the work. All materials not conforming to the requirements of the specifications will be rejected. Page 17 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 THIS QUALITY CONTROL SERVICE DOES NOT RELIEVE THE CONTRACTOR OF HIS RESPONSIBILITY WITH REGARD TO CONSTRUCTING THE WORK IN ACCORDANCE WITH THE CONTRACT. Contractor shall submit appropriate tests including, but not limited to: Any test required in the technical specifications Any structural element called for on the plans, including, but not limited to dam construction, concrete asphalt roads or paths,shelters, bridges or other structure tests, pressure test of irrigation. Test to prove adequacy of design and construction of any feature that may have been accepted by Owner under contractor's "Alternate Proposal". Any test that may be occasioned by any local, state, or federal law. As-Built Drawings: The contractor shall maintain a complete set of contract drawings in his possession, upon which he is required to note in red, or other clear manner, all deviations, final dimensions and explanatory notes arising out of actual work installed or performed in the field, and showing exact locations of such work, including trades. Notes on these drawings shall indicate installed locations and dimensioned clearances. Contractor to furnish an as- built drawn from an aerial photo identifying course, irrigation (including all components, buried or otherwise), major and minor drainage lines and related structures, all underground utilities, location of buried trees and debris, limits of topsoil, extra borrow areas, and other significant construction which could reasonably be foreseen to affect future operation. All as-built(s) shall be supplied in CAD format. Project Manuals: Contractor shall supply City a project manual for operations of all mechanical systems to be included under this contract in a manner satisfactory to the design professional, his sub-consultants and City's representatives. Schedule of Tests, Submittals: A schedule of anticipated tests and submittals begins on the next page. Additional submittals may be required. 2. MEETINGS A. Pre-Construction Conference: Prior to start of work, a conference between the City and Contractor will be held to discuss provisions of the contract documents, explain administrative procedures and coordinate the work effort. Time of pre-construction conference will be stated in the Work Order letter for the Contractor. Attendance by Contractor and Contractor's Superintendents is mandatory. 1. City will schedule meeting and provide meeting place. 2. Attendance: The following are expected to attend: City's Representative. Consultant's Construction Administrator. Representatives from Sub-Consultants Contractor's Project Manager, Project Superintendent and Project Coordinator Representatives of major subcontractors 3. Agenda Items: List of major Subcontractors and Suppliers Tentative construction schedule Critical work sequencing Major equipment deliveries Designation of responsible personnel Procedures and processing of field decisions, proposal requests, submittals color coordination, change orders, and applications for payment. Adequacy of distribution of Contract Documents. Procedures for maintaining Record Documents Use of Premises: office, work, storage, staging areas; Owner's requirements Construction facilities, controls and construction aids Temporary utilities Safety and first aid procedures Security procedures Housekeeping procedures Other business Page 18 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 4. The City's Representative will preside over the meeting. B. Progress Meetings: Construction progress meetings may be called by the Project Manager, Project Inspector or the General Contractor to review job progress or problems. 1. Schedule meeting and notify in writing those concerned at least one week in advance of meeting. 2. Provide a convenient, comfortable meeting place. 3. Contractor's Project Superintendent or Project Manager shall preside over meeting. 4. Attendance: The following are expected to attend: City's Representative Consultant's Construction Administrator Sub-consultant's unless notified otherwise Contractor's General Superintendent, Project Superintendent and Project Coordinator. Subcontractors having work in progress Subcontractors whose work will start within the next month Others as requested by City, A/E, or Contractor 5. Agenda Review, approval of minutes or previous meeting Review of work progress since previous meeting Field observation, problems, conflicts Problems which impede construction schedule Review of off-site fabrication, and delivery schedules Corrective measures and procedures to regain projected schedule. Revisions to construction schedules Progress schedules for succeeding period Schedule coordination Review proposed changes for effect on construction schedule, on completion date, and effect on other contracts of project Maintenance of quality standards Pending changes and substitutions Other business 6. The Contractors Project Manager will preside over the meeting. C. Minutes of Meetings: Contractor shall take notes at pre- construction and progress meetings and distribute them to those concerned in the form of minutes within four (4) calendar days after meeting. 3. SURVEYS, MEASUREMENTS AND LAYOUTS General: The City will provide property surveys. The Contractor shall be responsible for all control point staking as required. The Contractor's responsibility for verifying conditions is defined in the Standard General Conditions. Surveys, Measurements and Layout Out of Work: The Contractor will establish from survey information on drawings all lines, grades, and levels and will be responsible for maintenance and accuracy thereof. 4. MISCELLANEOUS REQUIREMENTS Additional safety precautions shall be instituted by the awarded contractor, as the work environment will be in an area where citizens and employees may be present, and work safety must be coordinated with the owner. The Contractor shall be responsible for all spoil removals, and any excess soil that will require removal. It is understood that the basis for payment on the work to be done according to the final plans and specifications shall be a lump sum fee as set forth in Contractor's submission. Any quantity estimates supplied by Designer or City are intended only as a guide to the respondent. Respondent is responsible for making his own quantity estimates and pricing from his own examination of the work to be done. 1 0 Bid Acceptance I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained herein, and further agree to abide and accept said Terms, Conditions and Specifications. Yes Yes - with exceptions (Please Select) (Required: Check only one) Page 19 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 1 1 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) 1 2 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: City of Denton Solicitations 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 20 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 1 3 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 4 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) 1 5 Firm's Legal Name (Required: Maximum 1000 characters allowed) Page 21 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 1 6 Agent Authorized to sign contract The agents name and email who is authorized to sign the contract (Required: Maximum 1000 characters allowed) 1 7 Organization Class Partnership Corporation Individual Association (Required: Check only one) 1 8 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) 1 9 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. (Required: Maximum 4000 characters allowed) 2 0 Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Required: Maximum 4000 characters allowed) Page 22 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 2 1 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’s customary activities? http://www.osha.gov/pls/oshaweb/owasrch.search_form? p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926 (Required: Maximum 4000 characters allowed) 2 2 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: a. Responding firms principle place of business: b. Company's majority owner principal place of business c. Ultimate Parent Company's principle place of business (Required: Maximum 4000 characters allowed) 2 3 Offeror Bond To be considered, contractor must include an acceptable bid bond, cashier’s check, or certified check in an amount not less than 5% of the total submission. All submissions received without the above will be rejected and considered non-responsive. ONLY HARD COPY BONDS WILL BE ACCEPTED AND MUST BE PROVIDED TO THE CITY BEFORE THE DUE DATE AND TIME. Acknowledge (Required: Check if applicable) Bid Lines 1 1.0 Cost Proposal (Line excluded from response total) 2 1.1 General Conditions, General Requirements, Mobilization & Other Onsite Contractor Costs (Response required) LS:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 23 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 3 1.2 Subcontractor's Cost of Work (total of subcontracts) (Response required) LS:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 4 Package Header 1.3 Insurance to include: Total:$ Supplier Notes: Additional notes (Attach separate sheet) Package Items 4.1 1.31 Performance & Payment Bond (Response required) Total:% Supplier Notes: Additional notes (Attach separate sheet) 4.2 1.32 Maintenance Bond (Response required) Total:% Supplier Notes: Additional notes (Attach separate sheet) 4.3 1.33 All other insurances required by the contract documents (Response required) Total:% Supplier Notes: Additional notes (Attach separate sheet) 5 1.4 Home Office Overhead & Profit (Response required) Total:% Supplier Notes: Additional notes (Attach separate sheet) 6 Contractor's Schedule: Notice to Proceed to Substantial Completion (Response required • Line excluded from response total) Calendar Days:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 24 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 7 2.0 Alternates (Line excluded from response total) 8 2.1 Alternate Bid Item No. 1: Identify the cost to construct an expansion to the existing flush truck storage building. (Response required) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 9 2.2 Alternate Bid Item No. 2: Identify the cost to add gutters and downspouts to the existing west canopy and the new west canopy as shown on the drawings. (Response required) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 1 0 2.3 Alternate Bid Item No. 3: Identify the cost to add new canopy on the east side of building with gutters and downspouts full length as shown on the drawings. (Response required) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 1 1 2.4 Alternate Bid Item No. 4: Identify the cost to add new exterior wash bay on the northwest side of the new Fleet Services addition as shown on the drawings. (Response required) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 1 2 2.5 Alternate Bid Item No. 5: Identify the cost to add new 5-ton crane in new addition as shown on the drawings. (Response required) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) 1 3 2.6 Alternate No. 6 - Contractor's Proposed Unit Cost for Delays Caused by Unforeseeable Conditions as Defined by Contract (To Include All Contractor Costs + Fee for Any Biz Day of Delay) (Response required • Line excluded from response total) Quantity:22 Per Day Amt:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 25 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 1 4 2.7 Alternate No. 7 - Cost to Accelerate to City's Schedule (Response required • Line excluded from response total) Alternate Bid:$Total:$ Item Notes:Assume 365 Calendar Days: NTP to Substantial Completion Supplier Notes: Additional notes (Attach separate sheet) 1 5 2.8 Alternate No. 8 - Reduction in Cost to Remove Liquidated Damages from Agreement (Response required • Line excluded from response total) Alternate Bid:$Total:$ Supplier Notes: Additional notes (Attach separate sheet) Page 26 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1 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 they have familiarized themselves 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 27 of 27 pages Deadline: 4/19/2022 11:00 AM (CT)7750 Addendum 1