Bid Invitation Addendum 18706 Addendum 1
Prequalification for Construction Management and Inspection
Services
Issue Date:11/22/2024
Questions Deadline:12/20/2024 02:00 PM (CT)
Response Deadline:1/8/2025 01:00 PM (CT)
Denton - Purchasing
Contact Information
Contact:Cori Power
Address:Procurement
901B Texas Street
Denton, TX 76209
Phone:(940) 349-7748
Email:cori.power@cityofdenton.com
Deadline: 1/8/2025 01:00 PM (CT)8706 Addendum 1Page 1 of 20 pages
Event Information
Number:8706 Addendum 1
Title:Prequalification for Construction Management and Inspection Services
Type:Request for Qualifications
Issue Date:11/22/2024
Question Deadline:12/20/2024 02:00 PM (CT)
Response Deadline:1/8/2025 01:00 PM (CT)
Notes:The City highly recommends that respondents do not wait until minutes
before the due date and time to submit proposal.
The submittal process may take significant time.
Submissions accepted via IONWAVE or hard copy ONLY (no emails).
Questions must be submissions by deadline via IONWAVE only (no
emails/no phone calls)
_________________________________________________________
A virtual Pre-Solicitation Conference will be conducted for this solicitation
on Monday, December 9, 2024 at 1:30PM
To attend virtually follow the link below:
Click here to join the meeting
Meeting ID: 262 330 139 510
Password: gv6iF2aX
______________________________________________________
The City of Denton (the City) is seeking professional services for a Construction
Management and Inspection Services pre-qualified list. The City is requesting
submissions to select at least one firm with demonstrated experience in providing
Construction Management and Inspection Services. The responses shall be
submitted to the City of Denton in a sealed submission.
The awarded individual or business shall possess a proven track record in the
industry 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 effective solutions.
A firm may submit a solicitation response for one or more of the categories of
product or services requested in this solicitation.
Deadline: 1/8/2025 01:00 PM (CT)8706 Addendum 1Page 2 of 20 pages
Ship To Information
Address:901B Texas Street
Denton, TX 76209
Billing Information
Contact:City of Denton
Address:Accounts Payable
215 E McKinney St
Denton, TX 76201-4299
Bid Activities
Virtual Pre-Bid Conference 12/9/2024 1:30:00 PM (CT)
A non-mandatory virtual pre-solicitation conference will be available to interested contractors. Attendance at the pre-
solicitation conference is encouraged prior to submission of a response. The virtual conference will be held via
Microsoft Teams.
Meeting information can be located in Event Details.
Bid Attachments
RFQ 8706 - Statement of Work.pdf Download
RFQ 8706 - Statement of Work
Exhibit 2 - RFQ 8706 Submission Form.xlsx Download
RFQ 8706 - Exhibit 2 Submission Form
CIQ.docx Download
Conflict of Interest Questionnaire
1295 Form Instructions.pdf Download
1295 Form Instructions
Standard Engineering Agreement.doc Download
City of Denton Standard Engineering Agreement
Standard Professional Services Agreement - with insurance.docx Download
City of Denton Standard Professional Services Agreement
ADDENDUM 1 - RFQ 8706 Pre-Solicitation Meeting Agenda and Attendance.pdf Download
**ADDENDUM 1** RFQ 8706 Pre-Solicitation Meeting Agenda and Attendance
ADDENDUM 1 - RFQ 8706 Pre-Solicitation Meeting Recording.mp4 Download
**ADDENDUM 1** RFQ 8706 Pre-Solicitation Meeting Recording
Requested Attachments
Summary of Qualifications
(Attachment required)
Attach statement of qualifications as outlined in Section H of the Statement of Work and Attribute 5.
Exhibit 2 Submission Form, Attachments A-C
(Attachment required)
Completion of Exhibit 2 Submission Form, Attachments A-C
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.
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Invoice example
(Attachment required)
Please attach a example of your invoice based on the City requirements in Attribute 6.
Secretary of State Certificate
(Attachment required)
To do business with the City of Denton you are required to be registered at the State of Texas, please attach proof of
registration. If your company is exempt, please attach your Exemption Certificate.
Additional Documents
Bid Attributes
1 SECTION 1
General Information
2 Contract Term
It is the intention of the City of Denton to award a contract for two (2) years, effective from date of award. The City
and the Supplier shall have the option to renew this contract for an additional one (1) one-year period.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically
renew each year, from the date of award by City Council. At the sole option of the City of Denton, the contract may
be further extended as needed, not to exceed a total of six (6) months
3 Pricing
This contract is for professional services and price shall not be solicited. The City will select a firm on the basis of
demonstrated competence and qualifications to perform the services described in this RFQ. Once the most
qualified firm(s) are selected, a fair and reasonable price will be set. The professional fees under this contract may
not exceed any maximum provided by law.
As applicable, compensation will be negotiated with the most highly qualified and experienced firm(s). Professional
services will include the Professional’s schedule of document preparation costs, as well as hourly rates. Upon
completion of the work, the Professional will provide electronic files, plots, maps, exhibits, field notes, and/or other
materials as requested by the City.
4 Price Adjustments
If applicable, accepted negotiated prices must remain firm for the entire contract period, including any periods of
extension or renewal. At the time of any renewal or extension of the contract, the city or the supplier may request a
price adjustment based upon the economy. All requests for a price adjustment must include detailed documentation
and rationale to support the requested adjustment. The party to whom a request for price adjustment is made may,
in its sole discretion, accept or reject the request. Any price adjustment must be mutually agreed upon in writing by
the parties, and shall be effective for the applicable renewal term.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation as competitive
with the general market price at the time, and become effective upon the renewal date of the contract award or
reject the increases within 30 calendar days after receipt of a properly submitted request. If a properly submitted
increase is rejected, the Contractor may request cancellation of such items from the Contract by giving the City of
Denton written notice. Cancellation will not go into effect for 15 calendar days after a determination has been
issued. Pre-price increase prices must be honored on orders dated up to the official date of the City of Denton
approval and/or cancellation.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
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5 Summary of Qualifications
Sealed qualifications will be accepted in accordance with the minimum qualifications as outlined in Section I of the
Statement of Work. The Consultant shall file all documents necessary to support its qualifications and include them
in the submittal. Summary of Qualifications should be a cumulative total of less than 30 pages for all categories.
It is the firm’s responsibility to provide proof of the following:
A minimum of five (5) years of experience in Construction Management and/or Inspection Services for a
governmental entity on local, state, or federally funded projects.
Construction Experience and References (3 – 5 recent/relevant projects):
Along with Attachment B & C of Exhibit 2 - Submission Form, please provide a general
description of each related project that is provided in Attachment C. At least three (3) project
examples should be included per category. The list of specific projects should include project
delivery method, scope, budget, etc.
Proposed Team Members:
Provide resumes of proposed key personnel with an organizational chart outline of Construction
Managers, Inspection Staff, Administration staff, etc. Include years working in their respective
field along with years of service in their current role with the responding firm.
Location of Offices:
Main location that will service City of Denton Projects.
Specialty Services
Any specialty certifications or services your staff is qualified to manage and/or inspect. Ex.
CMAR, Design-Build, welding, specialty pipe, bridge inspection, etc.
Descriptions of:
Construction challenges and issues occurred by the proposed team members for the major work
categories.
Team members’ approach to resolving construction challenges and issues.
Quality Control Procedures in avoiding construction challenges and issue.
Any innovative concepts or alternatives developed to resolve these challenges and issues.
Completion of additional documents provided: Exhibit 2 Submission Form, Attachments A-C.
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6 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
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7 Submittal Instructions
The City of Denton will accept electronic in Ionwave or hard copy submittals until the date and time on the cover
sheet of this solicitation. Any submission received after the date and/or hour set for solicitation opening will be
returned unopened. The City will not allow late submissions due to technical difficulties. Each respondent is
responsible for taking the necessary steps to ensure their submission is received by the date and time noted
herein. The City is not responsible for technical difficulties that may result in the submission arriving after the set
time.
Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below:
City of Denton
Materials Management
RFQ 8706 - Prequalification for Construction Management and Inspection Services
901B Texas Street
Denton, TX 76209
The City of Denton reserves the right to accept or reject in part or in whole any submission, and to waive
technicalities of the submission, in the best interest of obtaining best value for the City.
Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date
and time noted herein. The City is not responsible for missing, lost or late mail or any mail delays, internal or
external, that may result in the submission arriving after the set time.
HARD COPY SUBMISSION FORMAT
Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City
requests the following format be used:
1. Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit responses in a
binder or file folder.
2. Submission shall be no more than 200 pages in length.
3. Utilize tabs to identify exhibits and attachments.
4. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm.
5. Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the
solicitation number and name.
6. The submission shall include the following:
Completed Bid Invitation, including required response attachments
Safety Record (if applicable form will be attached)
Invoice Sample
Conflict of Interest Questionnaire
Appendices may be used for additional documentation or clarification at the respondent's option
USB flash drive with all submittal documents
8 Evaluation Procedures
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of
Denton Purchasing Policies and procedures. The City of Denton shall open all submissions and evaluate each
respondent in accordance to the below criteria:
Step 1: The City will evaluate the submissions in accordance with the selection criteria shown below and will rank
the firms on the basis of their respective submittals. The City reserves the right to consider information obtained in
addition to the data submitted in response to this RFQ. There is a maximum of 100 points available in Step One, as
shown below. To be recommended by the Evaluation Committee to be on the Prequalification List for a specific
Project Type, candidates must score 80 points or above for that Major Work Category.
ꞏ Firm Overview FACTOR 10%
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ꞏ Resumes of Key Personnel Proposed for Project Type FACTOR 15%
ꞏ Example Projects FACTOR 20%
ꞏ Document Control, QA/QC, Conflict Resolution FACTOR 20%
ꞏ Past Performance FACTOR 15%
ꞏ Overall Fit of this Team with City Goals & Objectives FACTOR 20%
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.
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 execution for the proposed
services.
Step 2: As projects may be initiated from time to time, and the need for specific services identified, firms
prequalified through this process to provide those services will be evaluated for the new project. The evaluation will
be done using the information provided by each candidate during this RFQ. In addition, and at the sole discretion of
the City as it deems in its best interests, additional information for evaluation may also be requested from
candidate(s) during any project-specific selection process, when the need to do so is identified by the City. All
information received from the candidates will be evaluated for the new project in Step Two using the following
criteria.
ꞏ Past Performance FACTOR 15%
ꞏ Resumes of Key Personnel Proposed for Project Type and Availability FACTOR 25%
ꞏ Document Control, QA/QC, Conflict Resolution FACTOR 20%
ꞏ Example Projects FACTOR 15%
ꞏ Overall Fit of this Team with City Goals & Objectives FACTOR 25%
The City reserves the right to interview one or more candidates as part of Step Two, and prior to making its final
selection.
In accordance with Texas State Law, trade secrets and confidential information in competitive sealed proposals are
not open for public inspection. All submissions shall be opened in a manner that avoids disclosure of the contents
to competing respondents and keeps the responses secret during negotiations. A public opening will not be
conducted with this process.
After the pre-qualified list 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.
9 Protests
Any interested party who is aggrieved in connection with a solicitation or award of a contract may protest per the
City of Denton policy located here on page 52 - "https://www.cityofdenton.com/CoD/media/City-of-
Denton/Business/Solicitations%20and%20Contracting/Denton-Procurement-Policy_Final.pdf
1
0
Section 2
Business Overview Questionnaire
Deadline: 1/8/2025 01:00 PM (CT)8706 Addendum 1Page 8 of 20 pages
1
1
Firm's Legal Name
(Required: Maximum 1000 characters allowed)
1
2
Address Line 1
(Required: Maximum 1000 characters allowed)
1
3
Address Line 2
(Optional: Maximum 1000 characters allowed)
1
4
City
(Optional: Maximum 1000 characters allowed)
1
5
State
(Required: Maximum 1000 characters allowed)
1
6
Zip Code
(Required: Numbers only)
1
7
Agent Authorized to sign contract
The agents name and email who is authorized to sign the contract
(Required: Maximum 1000 characters allowed)
1
8
Subsidiary of:
(Optional: Maximum 1000 characters allowed)
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1
9
Organization Class
Partnership Corporation Individual Association
(Required: Check only one)
2
0
Tax Payer ID
(Required: Maximum 1000 characters allowed)
2
1
Date Established
__ __ / __ __ / __ __ __ __
(Required)
2
2
Historically Underutilized Business
Yes, We are a registered HUB.
(Optional: Check if applicable)
2
3
Please provide a detailed listing of all products and/or services that your company provides.
(Required: Maximum 4000 characters allowed)
2
4
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.)
(Required: Maximum 4000 characters allowed)
2
5
Have you ever defaulted on or failed to complete a contract under your current company name or any
other company name? If so, where and why? Give name and telephone number of Owner.
(Required: Maximum 4000 characters allowed)
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2
6
Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s).
(Required: Maximum 4000 characters allowed)
2
7
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 customary activities?
https://www.osha.gov/laws-regs/regulations/standardnumber/1926
(Required: Maximum 4000 characters allowed)
2
8
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:
Responding firms principle place of business
Company's majority owner principal place of business
Ultimate Parent Company's principle place of business
(Required: Maximum 4000 characters allowed)
2
9
Section 3
Minimum Qualifications
3
0
Five (5) years experience providing similar products or services
Yes, have 5+ yrs experience No, do not have 5yrs of required experience (Please Select)
(Required: Check only one)
3
1
Required References
May be submitted via attributes tab or attached with Statement of Qualifications
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3
2
Reference 1 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
3
3
Reference 1 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
3
4
Reference 1 - Contact Person & Title
(Optional: Maximum 1000 characters allowed)
3
5
Reference 1 - Email Address
(Optional: Email address)
3
6
Reference 1 - Scope of Work
(Optional: Maximum 1000 characters allowed)
3
7
Reference 1 - Contract Period
(Optional: Maximum 1000 characters allowed)
3
8
Reference 2 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
3
9
Reference 2 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
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4
0
Reference 2 - Contact Person & Title
(Optional: Maximum 1000 characters allowed)
4
1
Reference 2 - Email Address
(Optional: Email address)
4
2
Reference 2 - Scope of Work
(Optional: Maximum 1000 characters allowed)
4
3
Reference 2 - Contract Period
(Optional: Maximum 1000 characters allowed)
4
4
Reference 3 - Government/Company Name
Person who you have done business with in the past
(Required: Maximum 1000 characters allowed)
4
5
Refernece 3 - Phone
Enter phone number
(__ __ __) __ __ __ - __ __ __ __ext:
(Optional)
4
6
Reference 3 - Contact Person & Title
(Optional: Maximum 1000 characters allowed)
4
7
Reference 3 - Email Address
(Optional: Email address)
4
8
Reference 3 - Scope of Work
(Optional: Maximum 1000 characters allowed)
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4
9
Reference 3 - Contract Period
(Optional: Maximum 1000 characters allowed)
5
0
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: https://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or
email: corpcert@sos.state.tx.us
5
1
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
2
Section 4
Terms and Conditions
5
3
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
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
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If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall
identify all proprietary information in the submission. This identification will be accomplished by individually marking
each page or line item detail with the words "Proprietary Information". If the respondent fails to identify proprietary
information, the respondent agrees that by submission of its response, that those sections shall be deemed non-
proprietary and made available upon public request. Respondents are advised that the City, to the extent permitted
by law, will protect the confidentiality of all submissions. Respondent shall consider the implications of the Texas
Public Information Act, particularly after the solicitation process has ceased and the contract has been awarded.
While there are provisions in the Texas Public Information Act to protect proprietary information, where the
respondent can meet certain evidentiary standards, please be advised that a determination on whether those
standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the
State of Texas. In the event a request for public information is made, the City will notify the respondent, who may
then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not
make a request of the Attorney General.
7. NON-ENDORSEMENT
If a submission is accepted, the successful respondent shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the
successful respondent's services.
8. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior
written consent of the Purchasing Manager.
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation,
interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or
authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification
from this procurement process. No officer, employee, agent or representative of the respondent shall have any
contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview,
or selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any
City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as
herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the
above listed 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.
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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. The City will award the contract
to the firm(s) on the basis of demonstrated competence for a fair and reasonable fee.
15. CONTRACTS
The successful awarded vendor(s) will be required to sign an original contract. A sample contract is provided in
Attachments tab. 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 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,
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strikes, and other events, except those beyond the Contractor's control such as acts of God, shall not relieve the
Contractor from meeting these standards. For service category, the Contractor must ensure the given level of
service is achieved, within the designated number of working hours.
Contractor shall deliver goods or services within specified delivery times for 95% of all orders.
21. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS
Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude,
addressing any anticipated problems and offer proposed solutions to those problems.
22. ADDITIONAL GENERAL REQUIREMENTS
Prior to commencement of the services, the City and selected individual or business will conduct an initial meeting to
review the overall scope, schedule, deliverables and planning process to implement a successful program.
The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the
City on a monthly basis.
Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff
assistance during equipment repairs or maintenance.
23. SUBMISSION ERRORS
Prices offered shall be used for submission analysis and for agreement pricing. In case of errors in the pricing
extension or totals, the unit pricing offered by the respondent will govern.
5
4
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
5
Bid Acceptance Exceptions
If you answered 'yes - with exceptions' to the above question, please list the exceptions or provide as
attachment.
If you answered 'yes' to the above question, please write "no exceptions".
(Additional exceptions will not be allowed during the negotiation process)
(Required: Maximum 4000 characters allowed)
5
6
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)
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5
7
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
8
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:
Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/filinginfo/1295/
Register utilizing the tutorial provided by the State.
Print a copy of the completed Form 1295.
Enter the Certificate Number on page 2 of this contract.
Sign the Form 1295.
Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract
1234 - Form 1295)
The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once
a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business
days.
Acknowledge
(Optional: Check if applicable)
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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 affirms that they are duly authorized to execute this contract, that this submission has not been prepared in
collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission
have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance
of this submission. The undersigned affirms that they have read and do understand the specifications, all exhibits and
attachments contained in this solicitation package. I certify that I have made no willful misrepresentations in this
submission, nor have I withheld information in my statements and answers to questions. I am aware that the information
given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions
may cause my submission to be rejected.
Print Name Signature
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