7402-Bid Invitation (1)7402 - IFB
Eagle Substation Building Demo
Issue Date:6/19/2020
Questions Deadline:7/7/2020 08:00 PM (CT)
Response Deadline:7/14/2020 11:00 AM (CT)
Denton - Purchasing
Contact Information
Contact:Laura Hermosillo
Address:Procurement and Compliance
901-B Texas Street
Denton, TX 76209
Phone:(NO) PHONE xCALLS
Email:IONWAVE QUESTIONS ONLY laura.hermosillo@cityofdent
Page 1 of 27 pages Deadline: 7/14/2020 11:00 AM (CT)7402 - IFB
Event Information
Number:7402 - IFB
Title:Eagle Substation Building Demo
Type:Invitation for Bid
Issue Date:6/19/2020
Question Deadline:7/7/2020 08:00 PM (CT)
Response Deadline:7/14/2020 11:00 AM (CT)
Notes:Out of an abundance of caution, the City of Denton is not accepting hard copy
bids. Please submit all bids electronically in Ionwave at
https://dentontx.ionwave.net.
IFB 7402 - Eagle Substation Building Demolition
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 ONLY.
Submissions via email or hard copy will not be accepted. (no emails).
Questions must be submitted by the deadline via IONWAVE only (no emails/no
phone calls)
A virtual public opening will be conducted for this solicitation.
To attend follow the link or call in:
Join Microsoft Teams Meeting
+1 940-208-1678 United States, Denton (Toll)
Conference ID: 654 924 588#
Thursday, July 9, 2020 11:30AM-11:45AM
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.
It is the intent of the entity to consider interlocal cooperative agreements and
state/federal contracts in determining the best value for the entity.
Page 2 of 27 pages Deadline: 7/14/2020 11:00 AM (CT)7402 - IFB
Billing Information
Contact:City of Denton
Address:Accounts Payable
215 E McKinney St
Denton, TX 96201-4299
Bid Activities
Site Walk Through (participation)7/1/2020
A non-mandatory walkthrough will be available by appointment only July 1st, 2020, to interested contractors. Attendance
at the walkthrough is strongly encouraged prior to submission of a response.
Contractors may schedule an appointment @ laura.hermosillo@cityodenton.com or in the questions tab of this
solicitation. Appointments must be requested by 9AM 6/30/20.
Pre-Bid Conference - Virtual (may submit questions ahead of time)7/1/2020 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. To attend the virtual meeting, follow instructions on
'Bid Details' Tab.
****************** Pre-Bid Questions ****************** Meeting will be recorded. If you would like to submit your question
ahead of time for discussion during pre-bid, ask in the question tab with a note stating it is a pre-bid question.
Bid Attachments
7402 -Technical Specification - Eagle GIS Structures Demolition.pdf View Online
7402 -Technical Specification - Eagle GIS Structures Demolition
7402 - PLANS - Eagle GIS Structures Demolition.pdf View Online
7402 - PLANS - Eagle GIS Structures Demolition
CIQ.docx Download
Conflict of Interest Questionnaire
SAFETY RECORD QUESTIONNAIRE.docx Download
Safety Record Questionairre
Local Preference Resolution.pdf Download
Local preference resolution that includes application
Substitute_W-9_Form_10.18.18.pdf View Online
Substitute W-9 Form
Contractor Wage Information.docx Download
Contractor Wage Information
Standard Purchase Terms and Conditions for Facilities Construction.docx View Online
Contract Template (SAMPLE)
Public Works bonds 070116 (seperated from contract).docx View Online
Bonds Template (SAMPLE)
Page 3 of 27 pages Deadline: 7/14/2020 11:00 AM (CT)7402 - IFB
Requested Attachments
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.
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.
Invoice example
(Attachment required)
Please attach a example of your invoice based on the City requirements in Attribute 7
Bid Attributes
1 SECTION 1
General Information
2 Contract Term
The Contract shall commence upon the issuance of a Notice to Proceed or Purchase Order by the City of Denton and
shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of
Denton.
Total calendar days after Notice to Proceed is issued by City for substantial completion: 45
3 Pricing
Unit Pricing shall include all fees and costs to provide the goods and services to the City. Unit pricing for goods shall
include delivery costs, F.O.B. Destination
Only firm pricing with no escalation will be accepted for these goods or services.
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4 Invoices
A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each
delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each
shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master
agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department.
Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of
lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance
address and, if applicable, the tax identification number on the invoice must exactly match the information in the
Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address
specified on the Contractor’s invoice.
C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly
identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order
number. Time billed for labor shall be limited to hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other
authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will
furnish a tax exemption certificate upon request.
A sample invoice must be submitted with this solicitation
Acknowledge
(Required: Check if applicable)
5 Cooperative Purchasing Agreement
As permitted under Interlocal Cooperation Act C Texas Government Code, Chapter 791, other governmental entities
may wish to also participate under the same terms and conditions contained in this contract. The governmental entities
will have the option to use the pricing as agreed to within the resulting contract. Governmental entities will issue their
internal purchase orders directly to the contractor(s).
Yes No (Please Select)
(Required: Check only one)
6 Submittal Instructions
The City of Denton will accept electronic submissions via this portal only (dentontx.ionwave.net) until the date and
time specified for this solicitation. Any submission received after the date and/or hour set for solicitation opening will
not be accepted. All hard copy submissions will be rejected, and will be returned unopened after the opening date. All
email submissions will be disqualified.
Do not wait until the last minute, incomplete and late submission will be automatically rejected by IONWAVE. The City
will not allow late submissions due to technical difficulties. Each respondent is responsible for taking the
necessary steps to ensure their submission is received by the date and time noted herein. The City is not responsible
for technical difficulties that may result in the submission arriving after the set time.
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 technical difficulties that may result in the submission arriving after
the set time. Incomplete electronic submissions will be automatically rejected by the bid system.
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7 Evaluation Procedures
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of
Denton Purchasing Policies and procedures. The City of Denton shall evaluate each submission utilizing the following
process:
Step 1: A public opening will be conducted. Responses will be read aloud thirty minutes after the opening time
and date published on the coversheet. Out of an abundance of caution, the City of Denton is not open to the
public. A virtual public opening will be conducted for this solicitation. To attend follow the link or call in:
Join Microsoft Teams Meeting
( ↑↑ click link to join meeting ↑↑ )
+1 940-208-1678 United States, Denton (Toll)
Conference ID: 439 857 690#
Local numbers | Reset PIN | Learn more about Teams | Meeting options
Tuesday, June 30, 2020 11:30AM-11:45AM
Step 2: The City of Denton will evaluate the submissions in accordance with the minimum qualifications and
adherence to the specifications.
Step 3: Upon selection of the lowest responsible respondent meeting the specifications, 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.
8 Section 2
Business Overview Questionnaire
9 Firm's Legal Name
(Required: Maximum 1000 characters allowed)
1
0
Address Line 1
(Required: Maximum 1000 characters allowed)
1
1
Address Line 2
(Optional: Maximum 1000 characters allowed)
1
2
City
(Required: Maximum 1000 characters allowed)
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1
3
State
(Required: Maximum 1000 characters allowed)
1
4
Zip Code
(Required: Maximum 15 characters allowed)
1
5
Agent Authorized to sign contract
The agents name and email who is authorized to sign the contract
(Required: Maximum 1000 characters allowed)
1
6
Subsidiary of:
(Optional: Maximum 1000 characters allowed)
1
7
Organization Class
Partnership Corporation Individual Association
(Required: Check only one)
1
8
Tax Payer ID
(Required: Maximum 1000 characters allowed)
1
9
Date Established
__ __ / __ __ / __ __ __ __
(Required)
2
0
Historically Underutilized Business
Yes, We are a registered HUB.
(Optional: Check if applicable)
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2
1
Please provide a detailed listing of all products and/or services that your company provides.
(Required: Maximum 4000 characters allowed)
2
2
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.) If not, type "N/A".
(Required: Maximum 4000 characters allowed)
2
3
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.
If not, type "N/A".
(Required: Maximum 4000 characters allowed)
2
4
Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone
number (s) of Owner (s).
If not, type "N/A".
(Required: Maximum 4000 characters allowed)
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2
5
Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910
"General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they apply to your
Company's customary activities?
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926
If not, type "N/A".
(Required: Maximum 4000 characters allowed)
2
6
Resident/Non-Resident Bidder Determination
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental
units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a
Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In
order to make this determination, please provide the name, address and phone number of:
a. Responding firms principle place of business:
b. Company's majority owner principal place of business
c. Ultimate Parent Company's principle place of business
(Required: Maximum 4000 characters allowed)
2
7
Prohibition on Contracts with Companies Boycotting Israel
Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an
exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of
the contract resulting from this solicitation. Respondent shall state any facts and provide documentation that make it
exempt from the boycott certification in its Response.
Exemption criteria includes the following:
1. Company is a sole proprietorship;
2. Company employs less than 10 full-time employees;
3. Value of the contract is less than $100,000
“Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with
a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes. “Company” is defined to mean a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company,
including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or
business associations that exists to make a profit.
Sole proprietorship Employs less than 10 Full time employees
Value of the contract is less than $100,000 Does not Boycott Israel
(Required: Check only one)
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2
8
Section 3
Minimum Qualifications
2
9
Three(3) years experience providing similar products or services
Yes, company has 3+ yrs of required experience
No, company doesn't have 3+yrs required experiece (Please Select)
(Required: Check only one)
3
0
Reference 1 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
3
1
Reference 1 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
3
2
Reference 1 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
3
3
Reference 1 - Email Address
(Required: Email address)
3
4
Reference 1 - Scope of Work
(Required: Maximum 1000 characters allowed)
3
5
Reference 1 - Contract Period
(Required: Maximum 1000 characters allowed)
3
6
Reference 2 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
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3
7
Reference 2 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
3
8
Reference 2 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
3
9
Reference 2 - Email Address
(Required: Email address)
4
0
Reference 2 - Scope of Work
(Required: Maximum 1000 characters allowed)
4
1
Reference 2 - Contract Period
(Required: Maximum 1000 characters allowed)
4
2
Reference 3 - Government/Company Name
Person who you have done business with in the past
(Required: Maximum 1000 characters allowed)
4
3
Refernece 3 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
4
4
Reference 3 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
4
5
Reference 3 - Email Address
(Required: Email address)
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4
6
Reference 3 - Scope of Work
(Required: Maximum 1000 characters allowed)
4
7
Reference 3 - Contract Period
(Required: Maximum 1000 characters allowed)
4
8
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.
4
9
Authorized Manufacturer
Authorized manufacturer or distributor authorized by the manufacturer for products identified in the Technical
Specifications to sell to the City of Denton, Texas. Attach documentation such as a letter from the manufacturer or a
line card.
5
0
Section 4
Terms and Conditions
5
1
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 response Attachments 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
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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
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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
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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. The City reserves the right to award a contract to a primary vendor, and one or multiple secondary
vendors; whichever is most advantageous, or provides the "best value" to the City, unless denied by the respondent.
The City reserves the right to consider interlocal cooperative agreements and state/federal contracts in determining
the best value for the City.
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 proposal. Only exceptions submitted with proposal
documents will be considered. The City reserves the right to reject, accept, or negotiate exceptions request. Exception
requests to minimum qualification, technical requirements and/or terms and conditions may result in disqualification.
Additional exceptions during the award process will be automatically rejected.
16. INSURANCE
The City requires standard insurance for services performed on site. The successful awarded vendor will be required
to provide a certificate of insurance as outlined in the contract.
17. CHANGES DURING CONTRACT TERM
The awarded contractor shall not change specifications during the contract term without prior approval. Any deviation
in the specifications or change in the products must be approved in advance by the City of Denton. Notice of a
change shall be submitted in writing to purchasing@cityofdenton.com, with the solicitation number in the subject line,
for review. Products/Services found to have changed specifications without notification, and acceptance, will be
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returned at the supplier’s expense. Products that have been installed will be replaced at the contractor’s expense.
18. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER
AWARD
Following the Contract award, additional services or products of the same general category that could have been
encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written
request may be sent to successful Contractor (s) to provide a proposal on the additional services and shall submit
proposals to the City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer
(“BAFO”). The City of Denton may accept or reject any or all pricing proposals, and may issue a separate solicitation
for the services/products after rejecting some or all of the proposals. The commodities and services covered under
this provision shall conform to the statement of work, specifications, and requirements as outlined in the request.
Contract changes shall be made in accordance with Local Government Code 252.048
19. SAFETY AND ENVIRONMENTAL HAZARDS
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
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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.
B. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the
City on a monthly basis.
C. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive
staff assistance during equipment repairs or maintenance.
23. PAYMENT AND PERFORMANCE REQUIREMENTS
a. PAYMENT AND INVOICES:
Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty
(30) days after receipt of invoices, materials, or services. Submissions which call for payment before thirty (30) days
from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the
Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the
intention of the City of Denton to make payment within thirty days after receipt of valid invoices for which items or
services have been received unless unusual circumstances arise. The 30 day processing period for invoices will
begin on the date the invoice is received or the date the items or services are received, whichever is later.
Direct deposit for payments: Contractors are encouraged to arrange for receiving payments through direct
deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website:
www.dentonpurchasing.com.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX,
76201-4299. A pro-forma invoice shall be sent to the contract administrator as identified in the Notice to Proceed. It is
the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or
items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order
Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order
Number.
b. PAYMENT TO PERFORMANCE MILESTONES
Awarded contractor shall prepare and submit invoices after completion of specific project milestones. The
invoice shall detail the major milestones accomplished and detailed cost information for project. These milestones shall
be submitted to the City of Denton and the City’s Project Staff shall review such for completion and accuracy, prior to
payment authorization.
c. TAX EXEMPTION
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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.
24. 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.
5
2
General Provisions - Additional for Goods & Services
1. PREFERENCES
A. LOCAL PREFERENCES
1. It is the intent of the City of Denton to comply with Sections 271.905 and 271.9051 of Texas Local Government Code
allowing for consideration of the location of a bidder’s principal place of business in award of a bid.
2. Scope-This policy applies to the purchase of real property and personal property that is not affixed to real property
or services (including construction services) through a Competitive Bid.
Lowest Responsible Bid – Price is the single determinant factor when awarding a bid to a responsible
bidder.
Best Value Bid – Price is only one of a number of determining factors that are weighted for evaluation
purposes. (Texas Local Government Code 252.043
3. Criteria
A. Lowest Responsible Bids
A five percent (5%) price differential will apply to construction bids less than $100,000 and all other bids,
including services, less than $500,000. Excludes telecommunication and information services.
A three percent (3%) price differential will apply to bids, excluding construction and services, greater than
$500,000.
The chart below is a summary of the criteria for Lowest Responsible Bids:
oLocal Government Code
271.9051
oLocal Government Code 271.905
o 5% price differential o 3% price differential
o Construction bids less than
$100,000
o All other bids, excludes construction and
services, greater than $500,000
o All other bids, including
services, less than $500,000
B. Best Value Bids-Price is only one of a number of determining factors that are weighted for evaluation
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purposes as provided in Local Government Code 252.043. As a result, an additional weighted factor will be
added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%,
will be consistent with the criteria outlined in the chart above.
C. Local Bidder Preference Consideration Application
A new and complete application must be submitted with each competitive bid by the due date, including a
Tax Certification from the Denton County Tax Assessor/Collector.
This application serves to ensure the qualification of a bidder as a local bidder and serves as the basis
for meeting the statute’s requirement that the governing body find, in writing, that a bidder is a local
bidder.
D. Bidders seeking local preference must meet all specifications and minimum requirements contained in the bid
documents.
E. Exceptions-This policy does not apply to purchases obtained through a Request for Qualifications (RFQ),
Request for Proposals (RFP), bids involving Federal funds, Cooperative Programs or Interlocal Agreements.
F. Award of Contract-The City Council may award a competitively bid contract to the lowest responsible bidder,
local bidder or reject all bids.
B. VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS
1. This section applies only to a contract to be performed, wholly or partly, in a non-attainment area or in an affected
county, as those terms are defined by Section 386.001, Health and Safety Code.
2. A governmental agency procuring goods or services may:
give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state
or federal environmental standards, including voluntary standards, relating to air quality; or
require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental
standards, including voluntary standards, relating to air quality.
The preference may be given only if the cost to the governmental agency for the goods or services would not
exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the
standards.”
2. PERFORMANCE LIQUIDATED DAMAGES
The Contractor shall incur contractual payment losses, as initiated by the City for performance that falls short of
specified performance standards as outlined below:
Delivery beyond contracted lead times
Performance below contracted levels (services only)
The Contractor shall be assessed a one (1%) percent fee each month when any one of the performance standards
outlined above are not met in full. The Contractor shall be assessed a two (2%) percent profit fee each month when
any two (2) or more performance standards outlined above are not met in full. At the end of each month, the City will
review the monthly reports and determine the percentage of penalty to be assessed to the Contractor’s monthly profit
margin.
3. WARRANTIES
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The contractor shall provide a warranty that is standard in the industry. Repair or Maintenance of fleet not performed
to industry standards shall be accomplished at the contractor’s expense, at the option of the City.
4. QUANTITIES
The quantities indicated on the Pricing Sheet are estimates based upon the best available information. The City
reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the
prices. Individual purchase orders will be issued on an as needed basis.
5. SAMPLES
Respondents must make samples available upon request by the City of Denton prior to award with no costs to the City.
6. AUTHORIZED DISTRIBUTOR
The respondent shall be the manufacturer or authorized distributor of the proposed products. The distributor shall be
authorized to sell to the City of Denton, and make available the manufacturer’s representative as needed by the City.
7. SUBSTITUTIONS
Substitutions are not permitted without the written approval of The City of Denton Purchasing Department. If specific
manufacturers, brands or part numbers are listed in the exhibits, the City will not accept substitutes. If the
manufacturer part numbers provided has been updated, but do not change the material functionality, please note the
change in bid exceptions.
8. SHIPPING, DELIVERY, AND PACKAGING
Identification of Shipments:
In addition to the complete destination address, each delivery must be clearly marked with the purchase order number.
Each shipment must be accompanied by a packing slip.
Packaging and Labeling:
All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package
quantity, lot number (if applicable) and any other necessary identifying information.
Special Delivery Requirements:
City Department representatives may have specific, internal delivery rules and policies. These will be provided on
each purchase order issued. The contractor(s) will be required to adhere to those requirements.
Hours of Delivery:
Delivery shall be made during the hours of 8:00 am to 3:00 pm (CST) unless prior approval for after-hours delivery
has been obtained from the City. In the event of any approval by the City for after-hours delivery, Contractor may not
invoice any additional charges for that delivery. Contractor is encouraged to obtain City's hours of operation at time of
order.
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Delivery Schedule:
Respondent's shall furnish, in the space indicated on the price sheet, a delivery schedule for each line item as to time
required for delivery after receipt of order (ARO) under normal conditions. Delivery Days means calendar days,
unless otherwise specified. Failure to state delivery time may disqualify Respondent. The City of Denton, at its sole
option, may choose to negotiate delivery times.
Delivery Delays:
If delay is foreseen, Contractor shall give written notice to the City and must keep City advised at all times of the
status of order. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes
the City to purchase goods and services of this solicitation elsewhere and charge any increased costs for the goods
and services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment is cause
for contract cancellation and/or removal of the contractor from the City's authorized list of suppliers.
Compliant Products:
Providing products or materials which do not meet all specification requirements does not constitute delivery.Delivery
does not occur until the contractor delivers products ormaterials in full compliance with the specifications to City's
F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. City reserves the right
to require new delivery or a refund in the event that materials or products not meeting specifications are discovered
after payment has been made.
Restocking Fee:
The City may request that a contractor accept return of merchandise already delivered or that a contractor cancel an
order prior to delivery. If the return is required through no fault of the contractor, the contractor may request a
reasonable restocking charge. The Customer may pay a restocking charge if the City determines that the charge is
justifiable. As a guideline, such charges shall not exceed 10%. There shall be no fees charged for cancellation of an
order prior to shipment by the Contractor.
5
3
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
4
Bid Acceptance Exceptions
If you answered yes - with exceptions to the above question please list the exceptions.
(Additional exceptions will not be allowed during the negotiation process)
If no exceptions, type "N/A".
(Required: Maximum 4000 characters allowed)
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5
5
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
6
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.
Acknowledge
(Required: Check if applicable)
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5
7
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)
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 Pricing Sheet for Eagle GIS Substation Structures Demolition
The respondent shall complete the following section, which directly corresponds to the Scope of Services, Payment and Performance
Requirements. The contractor shall not make changes to this format.
(Line excluded from response total)
Item Notes:Total calendar days after Notice to Proceed is issued by City for
substantial completion: 45 DAYS
2 SECTION I - Project:
Furnish all supervision, labor, material, supplies, tools, equipment and transportation to complete:
(Line excluded from response total)
3 Package Header
GENERAL
Quantity:1 UOM:EA Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
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Package Items
3.1 Mobilization/Demobilization
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
3.2 Surety Bonds
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
3.3 Traffic Control, Barricades, Barriers, and Warning Signs
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
3.4 Temporary Erosion Control
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
4 Package Header
GENERAL
UOM:EA Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
Package Items
4.1 Demolition & Removal of Buildings
(Response required)
Quantity:14214 UOM:SF Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
4.2 Miscellaneous Demolition
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
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4.3 Tree Protection Fencing
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
4.4 Temporary Chain link Fencing
(Response required)
Quantity:1 UOM:LS Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
4.5 Hydromulch
(Response required)
Quantity:2500 UOM:SF Price:$Total:$
Supplier Notes:
Additional notes
(Attach separate sheet)
5 SECTION II - Expedited Payment Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to
each monthly invoice that is paid within the time period indicated below.
(Line excluded from response total)
Item Attributes
1.Payment Terms - Invoice Paid in 20 Days
Additional Discount %
%
(Required)
2.Payment Terms - Invoice Paid in 15 Days
Additional Discount %
%
(Required)
3.Payment Terms - Invoice Paid in 10 Days
Additional Discount %
%
(Required)
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Supplier Information
Company Name:
Contact Name:
Address:
Phone:
Fax:
Email:
Supplier Notes
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local
conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of
materials and equipment; and all other matters that will be required for the work before submitting a response.
The undersigned 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
Print Name Signature
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