Bid Invitation7120 Addendum 1 - Page 1 of 20
City of Denton, Texas
Bid Information Contact Information Ship to Information
Bid Owner Suzzen Stroman Buyer Address 901B Texas Street Address 901B Texas Street
Email 2nd Floor
suzzen.stroman@cityofdenton.com Denton,TX 76209 Denton,TX 76209
Phone 1 (940)349-7226 Contact Suzzen Stroman Contact
Fax Department Department
Building Building
Bid Number 7120 Addendum 1 Floor/Room Floor/Room
Title Operational Review -Fleet Telephone (940)349-7226 Telephone
Services Fax Fax
Bid Type RFP Email Suzzen.Stroman@cityofdenton.com Email
Issue Date 07/10/2019
Close Date 8/5/2019 11:00:00 AM (CT)
Supplier Information Supplier Notes
Company Name
Contact Name
Address
Telephone
Fax
Email
By submitting your response,you certify that you are authorized to represent and bind your company.
Signature Date //
Bid Notes
In accordance with the provisions of Texas Local Government Code,Chapter 252 and 271,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.
Bid Activities
Date Name Description
7/23/2019 11:00 AM (CT)Pre-Bid Conference 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.The conference will be held in the Purchasing Conference Room,901B Texas
Street,Denton,Texas 76209
Bid Messages
Bid Attachments
7120 Addendum 1 - Page 2 of 20
The following attachments are associated with this opportunity and will need to be retrieved separately
#Filename Description
Header Scope of Work Operational Scope of Work
Review.docx
Header Conflict of Interest Questionnaire
Conflict_of_Interest_Questionaire.docx
Header Substitute_W-9_Form.pdf Substitute W-9 Form
Bid Attachments Requested
The following attachments are requested with this opportunity
#Required Specified Attachment
1 YES Conflict of Interest Questionnaire :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.
2 YES Substitute W9 :This will be used if awarded to set you up in our system.
3 YES Secretary of State -Registration :To do business with the City of Denton you are required to be registered at the State of Texas,
please attach proof of registration.If your company is exempt please attached your Exemption Certificate.
Bid Attributes
Please review the following and respond where necessary
#Name Note Response
1 SECTION 1 General Information (No Response Required)
2 Contract Term The Contract shall commence upon the issuance of a (No Response Required)
Notice to Proceed or Purchase Order by the City of Denton
and shall automatically expire upon completion of the work
or receipt of the materials,and acceptance by the City of
Denton.
3 Pricing Unit Pricing shall include all fees and costs to provide the (No Response Required)
goods and services to the City.Unit pricing for goods shall
include delivery costs,F.O.B.Destination
firm pricing with no escalation will be accepted for
these goods or services.
4 Cooperative Purchasing Agreement As permitted under Interlocal Cooperation Act C Texas ____________________(Required)
Government Code,Chapter 791,other governmental
entities may wish to also participate under the same terms
and conditions contained in this contract.The
governmental entities will have the option to use the
pricing as agreed to within the resulting contract.
Governmental entities will issue their internal purchase
orders directly to the contractor(s).
Valid Responses:Please Select,Yes,No
5 Submittal Instructions The City of Denton will accept electronic or hard copy (No Response Required)
submittals until the date and time on the cover sheet of
this solicitation.Any submission received after the date
and/or hour set for solicitation opening will be returned
unopened.
Hard copy submissions may be hand delivered (by firm or
express courier)to the address listed below:
7120 Addendum 1 - Page 3 of 20
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:
Hard copy submissions shall be bound only utilizing a
staple or binder clip.Do not submit responses in a binder
or file folder.
Submission shall be no more than 200 pages in length
Utilize tabs to identify exhibits and attachments
Hard Copy Submittals shall include one (1)original signed
by an officer authorized to bind the firm
Submit response,before the published due date.Hard
copy submittals must be in a sealed envelope with the
solicitation number and name.
The submission shall include the following:Completed
Bid Invitation Pricing Sheet
Safety Record (if applicable form will be attached)
Conflict of Interest Questionnaire
Appendices may be used for additional documentation or
clarification at the respondent's option
6 Evaluation Procedures Selection of a firm(s)to provide the aforementioned (No Response Required)
materials and services shall be in accordance with the City
of Denton Purchasing Policies and procedures and the
State of Texas Local Government Code 252.043.The City
of Denton shall open all submissions and evaluate each
respondent in accordance to the below criteria:
7120 Addendum 1 - Page 4 of 20
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:
Delivery/Project Schedule (FACTOR:20 %)
Ability to timely start and complete project.This includes
the schedule to complete project and may include ability
to meet required milestones of completion.For supplies,
the estimated delivery after receipt of order.
Compliance with specifications,quality,reliability,
characteristics to meet stated or implied needs (FACTOR:
30%)
Compliance with the stated specification(s)coupled with
the quality and reliability of the goods and services such
as fitness for use that meets or exceeds Owner's
expectations and the characteristics of the product or
service that bear on its ability to meet the stated/implied
needs.
Indicators of Probable Performance under contract
(FACTOR:20%)
Indicators of probable performance under the contract to
include:past vendor performance,financial resources and
ability to perform,experience or demonstrated capability
and responsibility,references,and the vendor's ability to
provide reliable maintenance agreements and support.
Price,Total Cost of Ownership (FACTOR:30%)
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 Firm(s)that provide a 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 final pricing,
terms and conditions with the highest ranked Firm or
Firms.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.The City
may elect to utilize a Best and Final negotiation phase to
determine the Firm that provides the overall best value to
the City.
Step 3:Upon selection of the submission or Best and
Final Offer that represents the ldquo;best valuerdquo;,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.
7120 Addendum 1 - Page 5 of 20
In accordance with Local Government Code 252.049,
trade secrets and confidential information in competitive
sealed proposals are not open for public inspection.All
submissions shall be opened in a manner that avoids
disclosure of the contents to competing respondents and
keeps the responses secret during negotiations.A public
opening will not be conducted with this process.
After the contract has been awarded all submissions will
be open for public inspection,and the unsuccessful
respondent(s)may request a debriefing regarding their
submittal.Please contact the City of Denton Materials
Management staff to document the request for a
debriefing.A meeting with the City of Denton Materials
Management Staff and the using Division will be
scheduled within a reasonable time.
7 Section 2 Business Overview Questionnaire (No Response Required)
8 Firm's Legal Name ____________________(Required)
9 Address Line 1 ____________________(Required)
10 Address Line 2 ____________________(Optional)
11 City ____________________(Optional)
12 State ____________________(Required)
13 Zip Code ____________________(Required)
14 Agent Authorized to sign contract The agents name and email who is authorized to sign the ____________________(Required)
contract
15 Subsidiary of:____________________(Optional)
16 Organization Class ____________________(Required)
Valid Responses:[Please Select],Partnership,
Corporation,Individual,Association
17 Tax Payer ID ____________________(Required)
18 Date Established ____________________(Required)
19 Historically Underutilized Business ____________________(Required)
20 Please provide a detailed listing of all products ____________________(Required)
and/or services that your company provides.
21 Has your company filed or been named in any If so provide details of the issues and resolution if ____________________(Optional)
litigation involving your company and the Owner available.Include lawsuits where Owner was involved.
on a contract within the last five years under your (Notice:Failure to disclose this information during proposal
current company name or any other company submission,and later discovered,may result in contract
name?termination at the Owner’s option.)
22 Have you ever defaulted on or failed to complete ____________________(Optional)
a contract under your current company name or
any other company name?If so,where and why?
Give name and telephone number of Owner.
23 Have you ever had a contract terminated by the ____________________(Optional)
Owner?If so,where and why?Give name and
telephone number (s)of Owner (s).
24 Has your company implemented an Employee ____________________(Optional)
7120 Addendum 1 - Page 6 of 20
Health and Safety Program compliant with 29 http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDSp_toc_level=1p_keyvalue=1926
CFR 1910 General Industry Standard and/or 29
CFR 1926 General Construction Standards as
they apply to your Company's customary
activities?
25 Resident/Non-Resident Bidder Determination Texas Government Code Section 2252.002:Non-resident ____________________(Optional)
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 biddersrsquo;
state.In order to make this determination,please provide
the name,address and phone number of:
Responding firms principle place of business:
Company's majority owner principal place of business
Ultimate Parent Company's principle place of business
26 Section 3 Minimum Qualifications (No Response Required)
27 Three(3)years experience providing similar ____________________(Required)
products or services Valid Responses:Yes,No
28 Reference 1 -Government/Company Name Person who you have done business with in the past.____________________(Optional)
29 Reference 1 -Phone Enter phone number.____________________(Optional)
30 Reference 1 -Contact Person &Title ____________________(Required)
31 Reference 1 -Email Address ____________________(Required)
32 Reference 1 -Scope of Work ____________________(Required)
33 Reference 1 -Contract Period ____________________(Required)
34 Reference 2 -Government/Company Name Person who you have done business with in the past.____________________(Optional)
35 Reference 2 -Phone Enter phone number ____________________(Optional)
36 Reference 2 -Contact Person &Title ____________________(Optional)
37 Reference 2 -Email Address ____________________(Optional)
38 Reference 2 -Scope of Work ____________________(Optional)
39 Reference 2 -Contract Period ____________________(Optional)
40 Reference 3 -Government/Company Name Person who you have done business with in the past ____________________(Optional)
41 Refernece 3 -Phone Enter phone number ____________________(Optional)
42 Reference 3 -Contact Person &Title ____________________(Optional)
43 Reference 3 -Email Address ____________________(Optional)
44 Reference 3 -Scope of Work ____________________(Optional)
45 Reference 3 -Contract Period ____________________(Optional)
46 Registered with the State of Texas The responding individual or business must be registered (No Response Required)
in the State of Texas,or the County of Denton,to provide
the products or services required in the solicitation,and
the individual or business must have all licensure required
by the State to provide any services required under this
7120 Addendum 1 - Page 7 of 20
contact.
To learn how to obtain information about filing with the
State of Texas,or obtaining copies or certificates from the
Secretary of State visit Webpage:
http://www.sos.state.tx.us/corp/copies.shtml;Phone
512-463-5578;or email corpcert@sos.state.tx.us.
47 Authorized Manufacturer Authorized manufacturer or distributor authorized by the (No Response Required)
manufacturer for products identified in the Technical
Specifications to sell to the City of Denton,Texas.Attach
documentation such as a letter from the manufacturer or a
line card.
48 Section 4 Terms and Conditions (No Response Required)
49 General Provisions 1.SILENCE OF SPECIFICATIONS (No Response Required)
The apparent silence of these specifications as to any
detail or the apparent omission from it of a detailed
description concerning any point,shall be regarded as a
meaning that the only best commercial practices are to
prevail.All interpretations of these specifications shall be
made on the basis of this statement.2.RESPONDENTS
COST TO DEVELOP SUBMITTAL
Respondents to this solicitation are responsible for all
costs of submittal preparation,delivery and any oral
presentations required as part of the selection process.All
materials submitted in response to the solicitation become
property of the City of Denton and will be returned only at
the option of the City.3.MINIMUM RESPONSE
Submittals that do not,at a minimum,contain the
Attachments and Exhibit 1 Pricing Sheet will be subject to
disqualification at the sole discretion of the City of Denton.
If any firm submitting a proposal is a corporation,it must
be registered to conduct business in the State of Texas.
Proof of this registration must be included as part of the
submittal.4.VALIDITY PERIOD
The information included in the solicitation response(s),
and any cost information obtained from a negotiation
process,remain valid for 120 days from the response due
date or until the contract is approved by the governing
body.
5.REJECTION OF SUBMITTAL
ANY PROPOSAL SUBMITTED AFTER THE DUE DATE
AND TIME SPECIFIED WITHIN SECTION III,SHALL BE
REJECTED.THE CITY SHALL REJECT RESPONSES
SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM
QUALIFICATIONS.
The City of Denton reserves the right to reject any and all
submittals received in response to the solicitation and to
7120 Addendum 1 - Page 8 of 20
waive any minor technicalities or irregularities as
determined to be in the best interest of the City.
6.PROPRIETARY INFORMATION
If a respondent does not desire proprietary information in
the submission to be disclosed,the respondent shall
identify all proprietary information in the submission.This
identification will be accomplished by individually marking
each page or line item detail with the words "Proprietary
Information".If the respondent fails to identify proprietary
information,the respondent agrees that by submission of
its response,that those sections shall be deemed
non-proprietary and made available upon public request.
Respondents are advised that the City,to the extent
permitted by law,will protect the confidentiality of all
submissions.Respondent shall consider the implications
of the Texas Public Information Act,particularly after the
solicitation process has ceased and the contract has been
awarded.While there are provisions in the Texas Public
Information Act to protect proprietary information,where
the respondent can meet certain evidentiary standards,
please be advised that a determination on whether those
standards have been met will not be decided by the City
of Denton,but by the Office of the Attorney General of the
State of Texas.In the event a request for public
information is made,the City will notify the respondent,
who may then request an opinion from the Attorney
General pursuant to 552.305,Texas Government Code.
The City will not make a request of the Attorney General.
7.NON-ENDORSEMENT
If a submission is accepted,the successful respondent
shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement that
state or imply the City of Denton's endorsement of the
successful respondent's services.
8.ASSIGNMENT
The successful contractor shall not sell,assign,transfer or
convey this contract in whole,or part,without the prior
written consent of the Purchasing Manager.
9.UNAUTHORIZED COMMUNICATIONS
After release of this solicitation,respondent contact
regarding this solicitation with members of the evaluation,
interview or selection panels,employees of the City or
officials of the City other than the Purchasing Manager,or
authorized City of Denton purchasing staff,or as otherwise
indicated is prohibited and may result in disqualification
from this procurement process.No officer,employee,
agent or representative of the respondent shall have any
contact or discussion,verbal or written,with any members
7120 Addendum 1 - Page 9 of 20
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
7120 Addendum 1 - Page 10 of 20
pursuit of the work.
The ownership rights described herein shall include,but
not be limited to,the right to copy,publish,display,
transfer,prepare derivative works,or otherwise use the
works.
13.PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the
City from any claim involving patent right infringement or
copyrights on goods supplied.
14.AWARD
The City reserves the right to award a contract or contracts
to various respondents by line item,section(s),or by entire
proposal;whichever is most advantageous,or provides
the "best value"to the City,unless denied by the
respondent.
15.CONTRACTS
The successful awarded vendor(s)will be required to sign
an original contract.A sample contract is provided in
Appendix B -Sample Contract.Respondents shall review
the document and note exceptions in the proposal.
16.INSURANCE
The City requires standard insurance for services
performed on site.The successful awarded vendor will be
required to provide a certificate of insurance as outlined in
the contract.
17.CHANGES DURING CONTRACT TERM
The awarded contractor shall not change specifications
during the contract term without prior approval.Any
deviation in the specifications or change in the products
must be approved in advance by the City of Denton.
Notice of a change shall be submitted in writing to
purchasing@cityofdenton.com,with the solicitation number
in the subject line,for review.Products/Services found to
have changed specifications without notification,and
acceptance,will be returned at the supplier's expense.
Products that have been installed will be replaced at the
contractor's expense.
7120 Addendum 1 - Page 11 of 20
18.ADDING NEW PRODUCTS OR SERVICES TO THE
CONTRACT AFTER AWARD
Following the Contract award,additional services or
products of the same general category that could have
been encompassed in the award of this contract,and that
are not already on the contract,may be added.A formal
written request may be sent to successful Contractor (s)to
provide a proposal on the additional services and shall
submit proposals to the City of Denton as instructed.All
prices are subject to negotiation with a Best and Final
Offer ("BAFO").The City of Denton may accept or reject
any or all pricing proposals,and may issue a separate
solicitation for the services/products after rejecting some
or all of the proposals.The commodities and services
covered under this provision shall conform to the
statement of work,specifications,and requirements as
outlined in the request.Contract changes shall be made in
accordance with Local Government Code 252.048
19.SAFETY AND ENVIRONMENTAL HAZARDS
The City does not warrant or guarantee against the
possibility that safety or environmental hazards or
potential hazards (including premises and special defects)
may exist at the City's facilities.The Contractor shall be
responsible for identifying any hazardous conditions and
notifying the City of these conditions in writing no later
than 30 days after contract award and prior to initiation of
service delivery on the property.This will be accomplished
by the Contractor conducting an environmental
assessment and an occupational health,and safety
inspection of the service bay or field service areas by
competent,qualified and appropriately licensed
practitioners.The costs of these inspections and any
subsequent corrective action will be negotiated between
the City and the Contractor.
All contractors to the City of Denton are required to ensure
absolute safety standards are applied and enforced.The
City of Denton will not be responsible for individual
contractor safety,and the awarded contractor shall not
hold the City of Denton responsible.Known hazards shall
immediately be reported and all safety precautions shall be
taken to prevent potential safety issues from occurring.
20.CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards -Contractors shall fully
understand that the City relies on the product or service of
the solicitation to provide vital municipal services,and the
availability and reliability of the equipment is of the
essence.With this in mind,the Contractor shall meet the
following performance standards at all times.Labor
disputes,strikes,and other events,except those beyond
the Contractor's control such as acts of God,shall not
relieve the Contractor from meeting these standards.For
7120 Addendum 1 - Page 12 of 20
service category,the Contractor must ensure the given
level of service is achieved,within the designated number
of working hours.
Contractor shall deliver goods or services within specified
delivery times for 95%of all orders.
21.ANTICIPATED PROBLEMS AND PROPOSED
SOLUTIONS
Respondent shall offer written observations,based upon
previous experiences in public projects of this magnitude,
addressing any anticipated problems and offer proposed
solutions to those problems.
22.ADDITIONAL GENERAL REQUIREMENTS
Prior to commencement of the services,the City and
selected individual or business will conduct an initial
meeting to review the overall scope,schedule,
deliverables and planning process to implement a
successful program.
The awarded Contractor shall provide to the City of
Denton,detailed reports of time and services provided to
the City on a monthly basis.
Staff available to assist the selected provider is limited;the
proposals submitted should not anticipate extensive staff
assistance during equipment repairs or maintenance.
23.SUBMISSION ERRORS
Prices offered shall be used for submission analysis and
for agreement pricing.In case of errors in the pricing
extension or totals,the unit pricing offered by the
respondent will govern.
50 General Provisions -Additional for Goods &1.PREFERENCES (No Response Required)
Services
LOCAL PREFERENCE
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.
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
7120 Addendum 1 - Page 13 of 20
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
o Local Government Code 271.905 5%price differential
o 3%price differential Construction bids less than
$100,000
o All other bids,excludes construction and services,
greater than $500,000 All 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
7120 Addendum 1 - Page 14 of 20
STANDARDS
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.
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 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.2.PERFORMANCE
LIQUIDATED DAMAGES
The Contractor shall incur contractual payment losses,as
initiated by the City for performance that falls short of
specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%)percent fee
each month when any one of the performance standards
outlined above are not met in full.The Contractor shall be
assessed a two (2%)percent profit fee each month when
any two (2)or more performance standards outlined above
are not met in full.At the end of each month,the City will
review the monthly reports and determine the percentage
of penalty to be assessed to the Contractor's monthly profit
margin.3.WARRANTIES
The contractor shall provide a warranty that is standard in
the industry.Repair or Maintenance of fleet not performed
to industry standards shall be accomplished at the
contractor's expense,at the option of the City.
4.QUANTITIES
The quantities indicated on the Pricing Sheet are
estimates based upon the best available information.The
City reserves the right to increase or decrease the
quantities to meet its actual needs without any adjustments
in the prices.Individual purchase orders will be issued on
an as needed basis.
5.SAMPLES
Respondents must make samples available upon request
by the City of Denton prior to award with no costs to the
City.
7120 Addendum 1 - Page 15 of 20
6.AUTHORIZED DISTRIBUTOR
The respondent shall be the manufacturer or authorized
distributor of the proposed products.The distributor shall
be authorized to sell to the City of Denton,and make
available the manufacturer's representative as needed by
the City.
7.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 bid exceptions.8.SHIPPING,DELIVERY,
AND PACKAGING
Identification of Shipments:
In addition to the complete destination address,each
delivery must be clearly marked with the purchase order
number.Each shipment must be accompanied by a
packing slip.
Packaging and Labeling:
All items shipped must be properly labeled,with weather
resistant labeling,showing the brand name,package
quantity,lot number (if applicable)and any other
necessary identifying information.
Special Delivery Requirements:
City Department representatives may have specific,
internal delivery rules and policies.These will be provided
on each purchase order issued.The contractor(s)will be
required to adhere to those requirements.
Hours of Delivery:
Delivery shall be made during the hours of 8:00 am to
3:00 pm (CST)unless prior approval for after-hours
delivery has been obtained from the City.In the event of
any approval by the City for after-hours delivery,
Contractor may not invoice any additional charges for that
delivery.Contractor is encouraged to obtain City's hours of
operation at time of order.
Delivery Schedule:
Respondent's shall furnish,in the space indicated on the
price sheet,a delivery schedule for each line item as to
time required for delivery after receipt of order (ARO)
7120 Addendum 1 - Page 16 of 20
under normal conditions.Delivery Days means calendar
days,unless otherwise specified.Failure to state delivery
time may disqualify Respondent.The City of Denton,at its
sole option,may choose to negotiate delivery times.
Delivery Delays:
If delay is foreseen,Contractor shall give written notice to
the City and must keep City advised at all times of the
status of order.Default in promised delivery (without
accepted reasons)or failure to meet specifications
authorizes the City to purchase goods and services of this
solicitation elsewhere and charge any increased costs for
the goods and services,including the cost of re-soliciting,
to the Contractor.Failure to pay a damage assessment is
cause for contract cancellation and/or removal of the
contractor from the City's authorized list of suppliers.
Compliant Products:
Providing products or materials which do not meet all
specification requirements does not constitute delivery.
Delivery does not occur until the contractor delivers
products or materials in full compliance with the
specifications to City's F.O.B.destination,unless delivery
is specifically accepted,in whole or in part,by the
Customer.City reserves the right to require new delivery or
a refund in the event that materials or products not
meeting specifications are discovered after payment has
been made.
Restocking Fee:
The City may request that a contractor accept return of
merchandise already delivered or that a contractor cancel
an order prior to delivery.If the return is required through
no fault of the contractor,the contractor may request a
reasonable restocking charge.The Customer may pay a
restocking charge if the City determines that the charge is
justifiable.As a guideline,such charges shall not exceed
10%.There shall be no fees charged for cancellation of an
order prior to shipment by the Contractor.
51 Bid Acceptance I have read and understand the Terms and Conditions,____________________(Required)
Specifications,and Insurance requirements,contained
herein,and further agree to abide and accept said Terms,
Conditions and Specifications.
Valid Responses:Yes,Yes -with exceptions
52 Bid Acceptance Exceptions If you answered yes -with exceptions to the above ____________________(Optional)
question please list the exceptions.
53 Additional Agreement Any additional agreement that the supplier wishes to have ____________________(Required)
considered as part of the resulting contract shall be
attached and submitted with the response to this
solicitation.Any agreement that is submitted after the
closing date of the solicitation shall not be considered.
Please note that agreements in direct conflict with the
terms and conditions of this solicitation may result in
rejection of your response to the solicitation.
54 Acknowledgement The undersigned agrees this submission becomes the ____________________(Required)
7120 Addendum 1 - Page 17 of 20
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-contractingto
ensure they have downloadedall 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.
55 Certificate of Interesentd Parties Electronic Filing In 2015,the Texas Legislature adopted House Bill 1295,____________________(Optional)
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
7120 Addendum 1 - Page 18 of 20
accordance with Government Code 2252.908.
The contractor shall:
*
Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
*
Register utilizing the tutorial provided by the State
*
Print a copy of the completed Form 1295
*
Enter the Certificate Number on page 2 of this contract.
*
Sign the Form 1295
*
Email the form to purchasing@cityofdenton.com with the
contract number in the subject line.(EX:Contract 1234 -
Form 1295)
The City must acknowledge the receipt of the filed Form
1295 not later than the 30th day after Council award.
Once a Form 1295 is acknowledged,it will be posted to
the Texas Ethics Commission's website within seven
business days.
7120 Addendum 1 - Page 19 of 20
Line Items
#Qty UOM Description Response
1 1 EA General Business Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.
2 1 EA Organization &Staff Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.
3 1 EA Financial &Rate Structure Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.
4 1 EA Asset Management Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.
5 1 EA Maintenance Program Assessment
$___________
(Optional)
Price
Supplier Notes:
7120 Addendum 1 - Page 20 of 20
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule ____________________(Optional)
6 1 EA Fleet Information Systems Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.
7 1 EA Facilities &Resources Assessment
$___________
(Optional)
Price
Supplier Notes:
Item Attributes:Please review the following and respond where necessary
#Name Note Response
1 Project Completion Schedule Number of days to complete project after receipt of ____________________(Required)
purchase order.