7140-Ionwave Bid - Fire Station #8 main document7140
Construction of Fire Station #8
Issue Date:8/27/2019
Questions Deadline:9/18/2019 11:00 AM (CT)
Response Deadline:9/26/2019 11:00 AM (CT)
Contact Information
Contact:Jody Word, CTP
Address:901-B Texas Street
Senior Buyer
Denton, TX 76209
Phone:(940) 349-7100
Email:jody.word@cityofdenton.com
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Event Information
Number:7140
Title:Construction of Fire Station #8
Type:Request for Proposal
Issue Date:8/27/2019
Question Deadline:9/18/2019 11:00 AM (CT)
Response Deadline:9/26/2019 11:00 AM (CT)
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.
The City of Denton is seeking qualified construction firms to provide building
construction for the new, Fire Station #8 located at 3131 Colorado Blvd., Denton,
Texas 76210. This project will require new construction to existing real property. For
more detailed description, please refer to the scope of work, project specifications and
technical drawings. The construction services shall be accomplished per all
exhibits identified in the table of contents.
Ship To Information
Address:901B Texas Street
Denton, TX 76209
Billing Information
Contact:City of Denton
Address:215 E McKinney St
Accounts Payable
Denton, TX 96201-4299
Bid Activities
7140-Fire Station #8 - Pre-Bid Conference 9/11/2019 9:00:00 AM (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. The conference will be held in the Purchasing
Conference Room, 901B Texas Street, Denton, Texas 76209. The vendor is encouraged to look at the site prior the Pre-
Bid Meeting to be able to ask any questions that come up at the specific time.
Bid Attachments
7140-Fire Station # 8 - Weather Table.docx Download
7140-Fire Station # 8 - Weather Table
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7140-Fire Station # 8-Specifications.pdf Download
7140-Fire Station # 8-Specifications
7140-Fire Station # 8-Plans.pdf Download
7140-Fire Station #8-Plans
Project Information Form.docx Download
7140-Project Information Form
Standard Purchase Terms and Conditions for Facilities Construction.docx Download
7140-Standard Purchase Terms and Conditions for Facilities Construction
Conflict_of_Interest_Questionaire.docx Download
7140-Conflict of Interest Questionnaire
Safety_Record.docx Download
7140-Safety Record
Requested Attachments
7140-Project Information Form
(Attachment required)
Please detail three (3) of the most recent projects your firm has completed
7140-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.
7140-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.
Bid Attributes
1 SECTION 1
General Information
2 Contract Term
It is the intention of the City of Denton to award a contract for construction of the project as described in the drawings
and specifications. Materials and services undertaken pursuant to this solicitation will be required to commence within
fourteen (14) days of delivery of a Notice to Proceed. After receipt of bonds for construction projects.
The Contract shall commence upon the issuance of a Notice to Proceed by the City of Denton and shall automatically
expire upon completion of the work and acceptance by the City of Denton.
3 Pricing
Only firm pricing with no escalation will be accepted for these goods or services.
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4 Price Adjustments
Price adjustments will not be allowed for this project unless a change in scope is approved that increases or
decreases the amount of work required.
Requests for changes in scope must be submitted in writing with documentation that provides justification for the
change and supporting evidence that describes the basis for the cost change.
Upon receipt of such request, the City of Denton reserves the right to either: accept the proposed change as
competitive with the original agreed upon proposed unit pricing at the time and issue appropriate authorizations or
reject the increases after receipt of a properly submitted request. No work shall be undertaken on a proposed
change until authorized by the City of Denton in the form of a Purchase Order change and/or other documentation
appropriate to amending the contract.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
5 Submittal Instructions
The City of Denton will accept electronic 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.
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 200 pages in length
3. Utilize tabs to identify exhibits and attachments
4. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm
5. Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the
solicitation number and name.
6. The submission shall include the following:
a. Completed Bid Invitation
b. Pricing Sheet
c. Safety Record (if applicable form will be attached)
d. Conflict of Interest Questionnaire
e. Appendices may be used for additional documentation or clarification at the respondent's option
6 Evaluation Procedures
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of Denton
Purchasing Policies and procedures and the State of Texas Local Government Code 252.043 and Texas Government
Code 2269. The City of Denton shall open all submissions and evaluate each respondent in accordance to the below
criteria:
Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms on
the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data
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submitted in the response. The selection criterion is listed below:
Past Performance and Experience on projects this magnitude and complexity (FACTOR:20 %)
The respondent’s successful experience in projects within the primary areas similar to the scope of work requested in
this RFP will be a major consideration. Based on the past performance of both the individual personnel and the
respondent, the City of Denton will determine if the respondent has the track record to provide the required services in
successfully administering similar projects.
Experience and qualifications of the Respondent and key personnel available for this project (FACTOR:
20%)
The qualifications of the respondent in terms of experience, service capability and resources will be reviewed in order to
assess the ability of the respondent to successfully complete the project assignment. The firm’s ability to provide the
necessary professional and technical expertise and supervision will be a major consideration.
Indicators of Probable Performance under contract (FACTOR: 25%)
Indicators of probable performance under the contract to include: past vendor performance, past vendor performance
on City of Denton construction projects, being barred from work by a Publically Funded Entity or Municipality due to
poor 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: 35%)
The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty
provisions.
In addition to the above factors, others that can be utilized as stated within Local Government Code 252.043 are: (1) the
extent to which the goods or services meet the City’s needs, (2)the impact on the ability of the City to comply with the laws
and rules related to contracting with historically underutilized businesses and non-profit organizations employing persons
with disabilities, (3) the long term cost to the City to acquire the respondents’ goods and services, and (4) any relevant
criteria specifically listed in the solicitation by the City.
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.
The submissions shall be evaluated utilizing standard tools, based upon the weighted factors above, and will be assigned
a final score. The City of Denton will proceed to Step 2, with the firm(s) that are considered within the competitive range
and present an overall best value to the City of Denton.
Step 2:After the final ranking of the submissions and determination of the firm that provide the best value to the City and
are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will
immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The best
and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct oral
discussions, request clarifications, and presentations concerning the project approach and ability to furnish the
requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City will
terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is reached
of the submissions are formally rejected by the City.
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Step 3: Upon selection of the submission or Best and Final Offer that represents the "best value", a written
recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager, Public
Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services.
In accordance with Local Government Code 252.049, trade secrets and confidential information in competitive sealed
proposals are not open for public inspection. A public opening will be conducted with this process.
Respondent names and pricing will be read aloud thirty 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.
7 Section 2
Business Overview Questionnaire
8 Firm's Legal Name
(Required: Maximum 1000 characters allowed)
9 Address Line 1
(Required: Maximum 1000 characters allowed)
1
0
Address Line 2
(Optional: Maximum 1000 characters allowed)
1
1
City
(Optional: Maximum 1000 characters allowed)
1
2
State
(Required: Maximum 1000 characters allowed)
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1
3
Zip Code
(Required: Numbers only)
1
4
Agent Authorized to sign contract
The agents name and email who is authorized to sign the contract
(Required: Maximum 1000 characters allowed)
1
5
Subsidiary of:
(Optional: Maximum 1000 characters allowed)
1
6
Organization Class
Partnership Corporation Individual Association
(Required: Check only one)
1
7
Tax Payer ID
(Required: Maximum 1000 characters allowed)
1
8
Date Established
__ __ / __ __ / __ __ __ __
(Required)
1
9
Historically Underutilized Business
Yes, We are a registered HUB.
(Optional: Check if applicable)
2
0
Please provide a detailed listing of all products and/or services that your company provides.
(Required: Maximum 4000 characters allowed)
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2
1
Has your company filed or been named in any litigation involving your company and the Owner on a
contract within the last five years under your current company name or any other company name?
If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice:
Failure to disclose this information during proposal submission, and later discovered, may result in contract
termination at the Owner’s option.)
(Optional: Maximum 4000 characters allowed)
2
2
Have you ever defaulted on or failed to complete a contract under your current company name or any
other company name? If so, where and why? Give name and telephone number of Owner.
(Optional: Maximum 4000 characters allowed)
2
3
Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone
number (s) of Owner (s).
(Optional: Maximum 4000 characters allowed)
2
4
Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910
General Industry Standard 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
(Optional: Maximum 4000 characters allowed)
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2
5
Resident/Non-Resident Bidder Determination
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental
units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a
Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders’
state. In order to make this determination, please provide the name, address and phone number of:
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
(Optional: Maximum 4000 characters allowed)
2
6
Section 3
Minimum Qualifications
2
7
Three(3) years experience providing similar services
Yes No (Please Select)
(Required: Check only one)
2
8
Bid Bond
To be considered, contractor must include an acceptable bid bond, cashier’s check, or certified check in an amount of
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)
2
9
Reference 1 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of work
to this solicitation.
(Optional: Maximum 1000 characters allowed)
3
0
Reference 1 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
3
1
Reference 1 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
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3
2
Reference 1 - Email Address
(Required: Email address)
3
3
Reference 1 - Scope of Work
(Required: Maximum 1000 characters allowed)
3
4
Reference 1 - Contract Period
(Required: Maximum 1000 characters allowed)
3
5
Reference 2 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of work
to this solicitation.
(Optional: Maximum 1000 characters allowed)
3
6
Reference 2 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
3
7
Reference 2 - Contact Person & Title
(Optional: Maximum 1000 characters allowed)
3
8
Reference 2 - Email Address
(Optional: Email address)
3
9
Reference 2 - Scope of Work
(Optional: Maximum 1000 characters allowed)
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4
0
Reference 2 - Contract Period
(Optional: Maximum 1000 characters allowed)
4
1
Reference 3 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of work
to this solicitation.
(Optional: Maximum 1000 characters allowed)
4
2
Refernece 3 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
4
3
Reference 3 - Contact Person & Title
(Optional: Maximum 1000 characters allowed)
4
4
Reference 3 - Email Address
(Optional: Email address)
4
5
Reference 3 - Scope of Work
(Optional: Maximum 1000 characters allowed)
4
6
Reference 3 - Contract Period
(Optional: Maximum 1000 characters allowed)
4
7
Registered with the State of Texas
The responding individual or business must be registered in the State of Texas, or the County of Denton, to provide
the products or services required in the solicitation, and the individual or business must have all licensure required by
the State to provide any services required under this contact.
To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the
Secretary of State visit Webpage: http://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email
corpcert@sos.state.tx.us.
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4
8
Section 4
Terms and Conditions
4
9
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 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
waive any minor technicalities or irregularities as determined to be in the best interest of the City.
6. PROPRIETARY INFORMATION
If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall identify
all proprietary information in the submission. This identification will be accomplished by individually marking each page
or line item detail with the words "Proprietary Information". If the respondent fails to identify proprietary information, the
respondent agrees that by submission of its response, that those sections shall be deemed non-proprietary and made
available upon public request. Respondents are advised that the City, to the extent permitted by law, will protect the
confidentiality of all submissions. Respondent shall consider the implications of the Texas Public Information Act,
particularly after the solicitation process has ceased and the contract has been awarded. While there are provisions in
the Texas Public Information Act to protect proprietary information, where the respondent can meet certain evidentiary
standards, please be advised that a determination on whether those standards have been met will not be decided by
the City of Denton, but by the Office of the Attorney General of the State of Texas. In the event a request for public
information is made, the City will notify the respondent, who may then request an opinion from the Attorney General
pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General.
7. NON-ENDORSEMENT
If a submission is accepted, the successful respondent shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the
successful respondent's services.
8. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior
written consent of the Purchasing Manager.
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation,
interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or
authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification
from this procurement process. No officer, employee, agent or representative of the respondent shall have any contact
or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview, or
selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any 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
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parties with who contact is not authorized, such contact may result in the respondent being disqualified from the
procurement process. Any oral communications are considered unofficial and non-binding with regard to this
solicitation.
10. DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a
solicitation and may result in disqualification. Any submissions that do not clearly outline all qualifications may be
disqualified.
11. INTELLECTUALLY PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any
action or claim brought against the City of Denton, or its authorized users that is based on a claim that software
infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any
damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a judgment
or settlement. If the City of Denton or its authorized users' utilization of the software becomes subject to a claim, or is
likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the Contractor
shall, at its sole expense (1) procure for City of Denton or its authorized users, the right to continue using such
software under the terms of this Contract; or (2) replace or modify the software so that it is non-infringing.
12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE
(GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials
prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the
City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, or
cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files.
Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the
performance of contractor's obligations under this contract without the prior written consent of the City; provided,
however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer,
prepare derivative works, or otherwise use the works.
13. PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving patent right infringement or
copyrights on goods supplied.
14. AWARD
The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by
entire proposal; whichever is most advantageous, or provides the "best value" to the City, unless denied by the
respondent.
15. CONTRACTS
The successful awarded vendor(s) will be required to sign an original contract. A sample contract is provided.
Respondents shall review the document and note exceptions in the bid acceptance attribute.
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 via approved change order issued by
the City of Denton. 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.
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Contract changes shall be made in accordance with Local Government Code 252.048
19. SAFETY AND ENVIRONMENTAL HAZARDS
The City does not warrant or guarantee against the possibility that safety or environmental hazards or potential
hazards (including premises and special defects) may exist at the City's facilities. The Contractor shall be responsible
for identifying any hazardous conditions and notifying the City of these conditions in writing no later than 30 days after
contract award and prior to initiation of service delivery on the property. This will be accomplished by the Contractor
conducting an environmental assessment and an occupational health, and safety inspection of the service bay or field
service areas by competent, qualified and appropriately licensed practitioners. The costs of these inspections and any
subsequent corrective action will be negotiated between the City and the Contractor.
All contractors to the City of Denton are required to ensure absolute safety standards are applied and enforced. The
City of Denton will not be responsible for individual contractor safety, and the awarded contractor shall not hold the
City of Denton responsible. Known hazards shall immediately be reported and all safety precautions shall be taken to
prevent potential safety issues from occurring.
20. CONTRACTOR STANDARDS OF PERFORMANCE
Monthly Time Standards - Contractors shall fully understand that the City relies on the product or service of the
solicitation to provide vital municipal services, and the availability and reliability of the equipment is of the essence.
With this in mind, the Contractor shall meet the following performance standards at all times. Labor disputes, strikes,
and other events, except those beyond the Contractor's control such as acts of God, shall not relieve the Contractor
from meeting these standards. For service category, the Contractor must ensure the given level of service is achieved,
within the designated number of working hours.
Contractor shall deliver goods or services within specified delivery times for 95% of all orders.
21. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude,
addressing any anticipated problems and offer proposed solutions to those problems.
22. ADDITIONAL GENERAL REQUIREMENTS
Prior to commencement of the services, the City and selected individual or business will conduct an initial
meeting to review the overall scope, schedule, deliverables, and planning process to implement a successful
program.
The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to
the City on a monthly basis.
Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive
staff assistance during equipment repairs or maintenance.
23. SUBMISSION ERRORS
Prices offered shall be used for submission analysis and for agreement pricing. In case of errors in the pricing
extension or totals, the unit pricing offered by the respondent will govern.
24. QUANTITIES FOR UNIT PRICE CONTRACTS
The quantities indicated on the drawings, technical specifications, and pricing exhibit are believed to be accurate but
shall be considered only as estimates. The project requires complete and functional construction in accordance with
the Technical Specifications and the plans. Differences between the quantities of material required and the estimated
quantities will not be considered as basis for a change in any unit price for the project. In submitting a response, the
respondent is stating that he has reviewed the project drawings and specifications and understands their intent and
has checked the quantities and dimension and is asserting that the submissions is intended to account for all
conditions and quantities to complete the project as described in the plans and specification.
5
0
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.
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
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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 contract documents, shall be binding upon the City. Respondents shall rely
exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete
information upon which the submission may be based. Any respondent, by submitting a response, represents and
warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and
understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior to
the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his calculations
and found them to be correct and agrees to be bound thereby.
3. PREFERENCES
A. LOCAL PREFERENCE
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.
A. Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a
responsible bidder.
B. 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.
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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
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.”
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.
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 granted.
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.
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.
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.
The City may require a bid bond for this project. If required, notice will be placed in the minimum qualifications of the
main solicitation document.
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6. RETAINAGE
Retainage is part of public works contract payment withheld by the City to secure performance and payment to
subcontractors. The City withholds 10% 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 FIVE HUNDRED DOLLARS ($500.00) 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 Exhibit B, Section 33 B of the General Provisions, Terms and Conditions.
8. SUBSTITUTIONS
Substitutions are not permitted without the written approval of The City of Denton. 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, that part may be used without request for substitution.
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.
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
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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 Substantial Completion 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: (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
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Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the
intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or
services have been received unless unusual circumstances arise. The 30 day processing period for invoices will
begin on the date the invoice is received or the date the items or services are received, whichever is later.
Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct
deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website:
www.dentonpurchasing.com.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX,
76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is
the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or
items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order
Number.
b. PAYMENT TO PERFORMANCE MILESTONES
Awarded contractor shall prepare and submit monthly pay apps per the schedule of values outlined in the attached
STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES, Article 9 Payments and
Completion.
c. TAX EXEMPTION
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited
Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may
purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing
exemption certificates to suppliers. Certificates must comply with State Comptroller’s ruling #95-0.07 and #95-0.09.
d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR
Upon award of the contract, the Contractor shall inform the City of the subcontractors and material sources that will be
used. Upon the completion by the Contractor of the construction of the project, but prior to final payment to the
Contractor, the Contractor shall deliver to the City releases of all liens, and of rights to claim any lien, from all
manufacturers, material-men, and subcontractors furnishing services or materials for the project, to the effect that all
materials or services used on or for the project have been paid for and indicating that the City is released from all
such claims.
e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS
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.
5
1
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 su
bmit 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.
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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.
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 ro
ads 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
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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
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
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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. T
he 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 drawi
ngs 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.
A schedule of Respondent's Quantities and Unit Prices is to be filled out as a part of this solicitation. Extensions
of units and unit prices must total up correctly.
5
2
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)
5
3
Bid Acceptance Exceptions
If you answered yes - with exceptions to the above question please list the exceptions.
(Optional: Maximum 4000 characters allowed)
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5
4
Additional Agreement
Any additional agreement that the supplier wishes to have considered as part of the resulting contract shall be
attached and submitted with the response to this solicitation. Any agreement that is submitted after the closing date
of the solicitation shall not be considered. Please note that agreements in direct conflict with the terms and conditions
of this solicitation may result in rejection of your response to the solicitation.
Acknowledged
(Required: Check if applicable)
5
5
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.
In submitting a response the undersigned further understands that the work required is to provide construction of the
project that functions as described in the specification. The undersigned understands that all requirements of the
construction may not be described in every detail and agrees to provide labor, tools, material and equipment necessary to
complete all construction to make the project functional as described in the specification and drawings before submitting a
response.
The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are
offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this
submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared
in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission
have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of
this submission.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under
the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of
Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained
in this solicitation package.
The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not
alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website
at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all
addendum(s).
I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements
and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full
permission, and that any misrepresentations or omissions may cause my submission to be rejected.
If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract as follows:
Work shall start at the project site within fourteen (14) days of the effective date of the Notice to Proceed.
Substantially complete Phase I in (300) consecutive calendar days from date of Official Notice to Proceed.
Final completion for Phase I in (45) consecutive calendar days from the date of Phase I Substantial
Completion.
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)
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5
6
Certificate of Interesentd 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)
Bid Lines
1 The Respondent having examined carefully the Contract Form, General Conditions, Supplementary Conditions,
Plans and Specifications and other Contract Documents, with the Bond requirements herein, proposes to
furnish all labor, materials, equipment and other items, facilities and services for the proper execution and
completion of: City of Denton Fire Station #8 in full accordance with the drawings and specifications
prepared in accordance with the Contract Documents and, if awarded the Contract, to complete the said work
within the time limits specified for the following LUMP SUM BASE BID.
(Response required)
Base Bid:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
2 ALTERNATE ITEM 1. Removing the ornamental fencing, rolling gates and main gates from the Scope of Work?
(Response required • Line excluded from response total)
Deduction Amt.:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
3 ALTERNATE ITEM 2. Removing the spray foam insulation from exterior metal stud framed walls, add batt
insulation from the Scope of Work?
(Response required • Line excluded from response total)
Deduction Amt.:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
Page 24 of 27 pages Deadline: 9/26/2019 11:00 AM (CT)7140
4 ALTERNATE ITEM 3. Removing the metal roofing system, add dimensional shingles from the Scope of Work?
(Response required • Line excluded from response total)
Deduction Amt.:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
Page 25 of 27 pages Deadline: 9/26/2019 11:00 AM (CT)7140
Supplier Information
Company Name:
Contact Name:
Address:
Phone:
Fax:
Email:
Supplier Notes
By submitting your response, you certify that you are authorized to represent and bind your company.
Print Name Signature
Page 26 of 27 pages Deadline: 9/26/2019 11:00 AM (CT)7140
Page 27 of 27 pages Deadline: 9/26/2019 11:00 AM (CT)7140