Bid Invitation7272
RFP for Rayzor South Bore
Issue Date:1/28/2020
Questions Deadline:2/20/2020 09:00 PM (CT)
Response Deadline:2/27/2020 11:00 AM (CT)
Contact Information
Contact:Laura Hermosillo
Address:Procurement and Compliance
901-B Texas Street
Denton, TX 76209
Phone:(940) 349-7133
Email:laura.hermosillo@cityofdenton.com
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Event Information
Number:7272
Title:RFP for Rayzor South Bore
Type:Request for Proposal
Issue Date:1/28/2020
Question Deadline:2/20/2020 09:00 PM (CT)
Response Deadline:2/27/2020 11:00 AM (CT)
Notes:
RFP 7272 - Rayzor South Bore
The submittal process may take significant time.
The City highly recommends that respondents do not wait until minutes before
the due date and time to submit proposal.
Submissions accepted via IONWAVE or hard copy ONLY (no emails).
Hard copy bid bonds are required.
GENERAL DESCRIPTION OF WORK
The major work will consist of the (approximate) following:
Construction of a 230 foot bored crossing adjacent to I-35E and Bonnie Brae Avenue
within the City of Denton. The bore is for wastewater collection system purposes. The
work shall include the installation of both the casing pipe and carrier pipe.
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.
Ship To Information Billing Information
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Address:901B Texas Street
Denton, TX 76209
Contact:City of Denton
Address:Accounts Payable
215 E McKinney St
Denton, TX 96201-4299
Bid Activities
Pre-Bid Conference 2/12/2020 2:00:00 PM (CT)
A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre-solicitation
conference is strongly encouraged prior to submission of a response. The conference will be held in the Purchasing
Conference Room, 901B Texas Street, Denton, Texas 76209
Bid Attachments
RFP 7272 - Rayzor South Bore - SPECIFICATIONS.pdf View Online
RFP 7272 - Rayzor South Bore - SPECIFICATIONS
RFP 7272 - Rayzor South Bore Construction Plans.pdf View Online
RFP 7272 - Rayzor South Bore - CONSTRUCTION PLANS
Substitute_W-9_Form_10.18.18.pdf View Online
Substitue w-9
Download Bid Tab Instructions.pdf Download
Bid Tab/Document Download Instructions
Requested Attachments
Construction Bid Documents
(Attachment required)
Must attach all required documents listed in section 4 of the Bid Form.
Conflict of Interest Questionnaire
(Attachment required)
The individual or business must disclose any business relationship that would have an effect, of a conflict of interest.
Please attach a signed copy of the conflict of interest questionnaire.
Substitute W9
This will be used if awarded to set you up in our system.
Bid Attributes
1 SECTION 1
General Information
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2 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.
ELECTRONIC COPY SUBMISSION FORMAT
Electronic submissions will be accepted via this portal only (dentontx.ionwave.net).
Submissions via email will not be accepted. Electronic submissions require hard copy of Bid Bonds. Hard copy bid
bonds must be submitted using hard submission requirements. Electronic proposals without hard copy bonds will be
automatically rejected.
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. Incomplete electronic submissions will be automatically rejected
by the bid system.
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 and required attachments
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
f. Flash drive with an electronic copy of all required documents
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3 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. The City of Denton shall
open all submissions and evaluate each respondent in accordance to the below criteria:
Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms
on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the
data submitted in the response. The selection criterion is listed below:
Project Schedule (FACTOR: 10 %)
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.
Indicators of Probable Performance under contract (FACTOR: 50%)
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: 40%)
The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty
provisions.
The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome of
the computations performed, each submission will be assigned a raw score. The assigned weight will then be applied
to these scores to calculate an overall score for each submission for completion of the final scoring process.
Step 2: After the final ranking of the submissions and determination of the firm that provide the best value to the City
and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will
immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The best
and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct oral
discussions, request clarifications, and presentations concerning the project approach and ability to furnish the
requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City
will terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is
reached of the submissions are formally rejected by the City.
Step 3: Upon selection of the submission or Best and Final Offer that represents the "best value", a written
recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager,
Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services.
In accordance with 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. Only
respondent names will be read aloud within thirty minutes after the opening time and date. Once the
public opening is adjourned, responses will be not be re-read nor published. Award information will be
available on the City’s website after council approval.
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.
4 Section 4
Terms and Conditions
5 General Provisions
1. SILENCE OF SPECIFICATIONS
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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, required documents 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.
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8. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole, or
part, without the prior written consent of the Purchasing Manager.
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with members of the
evaluation, interview or selection panels, employees of the City or officials of the City other than the
Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is
prohibited and may result in disqualification from this procurement process. No officer, employee, agent
or representative of the respondent shall have any contact or discussion, verbal or written, with any
members of the City Council, members of the evaluation, interview, or selection panels, City staff or
City's consultants, or directly or indirectly through others, seeking to influence any City Council member,
City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein
provided. If a representative of any respondent violates the foregoing prohibition by contacting any of
the above listed parties with who contact is not authorized, such contact may result in the respondent
being disqualified from the procurement process. Any oral communications are considered unofficial and
non-binding with regard to this solicitation.
10. DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless specifically referred to
on a solicitation and may result in disqualification. Any submissions that do not clearly outline all
qualifications may be disqualified.
11. INTELLECTUALLY PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users,
against any action or claim brought against the City of Denton, or its authorized users that is based on a
claim that software infringes any patent rights, copyright rights or incorporated misappropriated trade
secrets. Contractor will pay any damages attributable to such claim that are awarded against the City of
Denton or its authorized users, in a judgment or settlement. If the City of Denton or its authorized users'
utilization of the software becomes subject to a claim, or is likely to become subject to a claim, in the sole
opinion of the City of Denton, or its authorized users, the Contractor shall, at its sole expense (1)
procure for City of Denton or its authorized users, the right to continue using such software under the
terms of this Contract; or (2) replace or modify the software so that it is non-infringing.
12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER
SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents, drawings or
materials prepared by contractor in the performance of its obligations under this contract shall be the
exclusive property of the City of Denton and all such materials shall be delivered to the City by the
contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own
expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or
cause to have such materials used for any purpose other than the performance of contractor's
obligations under this contract without the prior written consent of the City; provided, however, that
contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy, publish,
display, transfer, prepare derivative works, or otherwise use the works.
13. PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving patent right
infringement or copyrights on goods supplied.
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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 Specifications document. No exceptions to the contract will be allowed.
16. INSURANCE
The successful awarded vendor will be required to provide a certificate of insurance as outlined in
Specifications.
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.
CHANGES IN THE WORK: Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are:
ordered by City pursuant to Authorized Changes in the Work without invalidating the
Contract and without notice to any surety, City may, at any time or from time to time, order
Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved
only upon receiving written notice from City. Extra Work will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Change Order which may or may not precede an order of Extra
work.
required because of acceptance of defective Work. If, instead of requiring correction or
removal and replacement of defective Work, City prefers to accept it, City may do so.
Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other professionals and all court or other
dispute resolution costs) attributable to City’s evaluation of and determination to accept such
defective Work and for the diminished value of the Work to the extent not otherwise paid by
Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the
Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted.
required because of City’s correction of defective Work as outlined in below (A-D)
A. If Contractor fails within a reasonable time after written notice from City to correct
defective Work, or to remove and replace rejected Work as required by City in scope of
work , or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract
Documents, City may, after seven (7) days written notice to Contractor, correct, or
remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
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Contractor from all or part of the Site, take possession of all or part of the Work and
suspend Contractor’s services related thereto, and incorporate in the Work all materials
and equipment incorporated in the Work, stored at the Site or for which City has paid
Contractor but which are stored elsewhere. Contractor shall allow City, City’s
representatives, agents, consultants, employees, and City’s other contractors, access to
the Site to enable City to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
other dispute resolution costs) incurred or sustained by City in exercising the rights and
remedies under this Paragraph will be charged against Contractor, and a Change Order
will be issued incorporating the necessary revisions in the Contract Documents with
respect to the Work; and City shall be entitled to an appropriate decrease in the
Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any
delay in the performance of the Work attributable to the exercise of City’s rights and
remedies under this Paragraph.
agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually performed.
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
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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
a. 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.
1. The awarded Contractor shall provide to the City of Denton, detailed reports of
time and services provided to the City on a monthly basis.
b. 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.
6 General Provisions - Additional for Construction
1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS
If applicable, Technical Specifications and Drawings/Plans related to this project are attached to this solicitation.
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE
WORK
Respondents are advised that the scope of work, attachments, plans (if applicable), specifications, and other
documents on file as stated in the proposal documents shall constitute all the information which the City shall
furnish. Respondents are required, prior to submitting any response, to review all documents (scope of
work, plans, specifications, exhibits, contract, amendments, bond forms, etc.,) carefully; to visit the site of the
work (if applicable); to examine carefully the local conditions; to inform themselves with their independent
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research, tests, and investigations of the difficulties to be encountered and judge for themselves the
accessibility of the work and all attending circumstances affecting the cost of doing the work or the time required
for its completion and to obtain all information required to make an intelligent proposal.
No information given by the City or any official thereof, other than that shown on the scope of work, plans (if
available) and contained in the specifications, exhibits, and other contract documents, shall be binding upon the
City. Respondents shall rely exclusively upon their own estimates, investigations, test and other data which is
necessary to full and complete information upon which the submission may be based. Any respondent, by
submitting a response, represents and warrants that he has prepared his submittal in accordance with the
specifications, with full knowledge and understanding of the terms and provisions thereof; that he has reviewed,
studied and examined the response prior to the signing and submission of same; and that he was cognizant of
the terms of his submittal, verified his calculations and found them to be correct and agrees to be bound
thereby.
3. BONDS
Successful awarded contractor will be required to sign original contract and submit a blanket performance and
payment bond as outlined in specifications before work is to commence. Bonds shall be in accordance with the
V.T.C.A Government Code Section 2253.021, as amended.
4. PREVAILING WAGE RATES
In accordance with Texas Government Code 2258, the awarded contractor shall comply with prevailing wage
rates as defined by the United States Department of Labor Davis-Bacon Wage Determination
at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton
County, Texas.
Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants
that the contractor shall pay to each of its employees a wage not less than what is currently known as the
"Federal Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce
proof of compliance with this provision by contractor to the City. The City shall withhold payments due to
contractor until contractor has complied with this provision. Prior to any payment being made for work
satisfactorily completed and accepted, contractor shall submit wage rate affidavits with its billing documents
affirming that all employees have been paid not less than the current "Federal Minimum Wage”.
5. PAYMENT AND PERFORMANCE REQUIREMENTS
a. PAYMENT AND INVOICES:
Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require
thirty (30) days after receipt of invoices, materials, or services. Submissions which call for payment before thirty
(30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the
opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as
specified. It is the intention of the City of Denton to make payment within thirty days after receipt of valid
invoices for which items or services have been received unless unusual circumstances arise. The 30 day
processing period for invoices will begin on the date the invoice is received or the date the items or services are
received, whichever is later.
Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct
deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website:
www.dentonpurchasing.com.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St,
Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the
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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, as outlined in the project
specifications, the amount thereof allowed the Contractor for and on account of materials furnished or
construction performed by each material-men or each subcontractor.
6. WARRANTIES
The contractor shall provide a warranty as outlined in the project specifications.
7 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)
8 Bid Acceptance Exceptions
If you answered yes - with exceptions to the above question you must attach exceptions narrative in attachment tab.
(Additional exceptions will not be allowed during the negotiation process)
Yes, I understand any exceptions must be attached
(Required: Check if applicable)
Page 12 of 17 pages Deadline: 2/27/2020 11:00 AM (CT)7272
9 Acknowledgement
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the
local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and
storage of materials and equipment; and all other matters that will be required for the work before submitting a
response.
The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are
offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of
this submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been
prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this
submission have not been communicated to any other respondent or to any employee of the City of Denton prior to
the acceptance of this submission.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise
under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of
the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments
contained in this solicitation package.
The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not
alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website
at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all
addendum(s).
I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this submission will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be
rejected.
If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract within one
year as requested in the scope of work.
The Bidder hereby agrees that the City reserves the right to waive informalities in any bid and to reject any or all
bids, or to accept any bid that in its judgment will be for the best interest of the City.
Acknowledge
(Required: Check if applicable)
Page 13 of 17 pages Deadline: 2/27/2020 11:00 AM (CT)7272
1
0
Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The
law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties
(Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has
adopted rules requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234
- Form 1295)
7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award.
Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven
business days.
Acknowledge
(Optional: Check if applicable)
Bid Lines
1 PROPOSAL - PRICE SHEET
(Line excluded from response total)
2 Mobilization
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Item Notes:Specification Section No.: Bid Item Def.
Supplier Notes:
Additional notes
(Attach separate sheet)
3 Surety Bonds
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Item Notes:Specification Section No.: Bid Item Def.
Supplier Notes:
Additional notes
(Attach separate sheet)
4 20" Bore
(Response required)
Quantity:228 UOM:LS Unit Price:$Total:$
Item Notes:Specification Section No.: 33 05 07
Supplier Notes:
Additional notes
(Attach separate sheet)
Page 14 of 17 pages Deadline: 2/27/2020 11:00 AM (CT)7272
5 Rock Excavation
(Response required)
Quantity:689 UOM:LF Unit Price:$Total:$
Item Notes:Specification Section No.: 33 05 07
Supplier Notes:
Additional notes
(Attach separate sheet)
6 15" Sanitary Sewer Carrier Pipe
(Response required)
Quantity:228 UOM:LF Unit Price:$Total:$
Item Notes:Specification Section No.: 33 05 05
Supplier Notes:
Additional notes
(Attach separate sheet)
7 Traffic Control
(Response required)
Quantity:2 UOM:MO Unit Price:$Total:$
Item Notes:Specification Section No.: 34 71 13
Supplier Notes:
Additional notes
(Attach separate sheet)
8 Erosion and Sediment Control
(Response required)
Quantity:1 UOM:LS Unit Price:$Total:$
Item Notes:Specification Section No.: 31 25 14
Supplier Notes:
Additional notes
(Attach separate sheet)
9 ALTERNATE BID
(Line excluded from response total)
1
0
Alternate Bid
Base Bid:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
1
1
DEDUCTIVE ALTERNATE BID
(Line excluded from response total)
1
2
Deductive Alternate Bid
Base Bid:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
Page 15 of 17 pages Deadline: 2/27/2020 11:00 AM (CT)7272
1
3
ADDITIVE ALTERNATE BID
(Line excluded from response total)
1
4
Additive Alternate Bid
Base Bid:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
Page 16 of 17 pages Deadline: 2/27/2020 11:00 AM (CT)7272
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
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