Bid Invitation (14)7716 Addendum 3
North Lakes Tennis Courts
Issue Date:7/30/2021
Questions Deadline:9/6/2021 11:00 AM (CT)
Response Deadline:10/5/2021 11:00 AM (CT)
Denton - Purchasing
Contact Information
Contact:Erica Garcia
Address:Compliance and Procurement
901-B Texas Street
Denton, TX 76209
Phone:(No) Phone xCalls
Email:erica.garcia@cityofdenton.com
Page 1 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
Event Information
Number:7716 Addendum 3
Title:North Lakes Tennis Courts
Type:Request for Proposal
Issue Date:7/30/2021
Question Deadline:9/6/2021 11:00 AM (CT)
Response Deadline:10/5/2021 11:00 AM (CT)
Notes:North Lakes Tennis Courts
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).
A Public Opening will be held on October 5, 2021 @ 12:00 pm
To attend Public open Virtual, please use following link:
Microsoft Teams meeting
Join on your computer or mobile app
CLICK HERE TO JOIN MEETING
Or call in (audio only)
+1 940-208-1678,,518130861# United States, Denton
Phone Conference ID: 518 130 861#
To attend Opening in Person:
City of Denton Development Services Center
401 N. Elm Street
Denton, TX 76201
Training Room One
12:00 PM
*MASKS ARE REQUIRED*
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
Page 2 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
cost effective solutions.
The City of Denton is seeking qualified construction firms to provide building
construction for the NORTH LAKES TENNIS COURTS located at 1117 RINEY
ROAD, DENTON, TEXAS 76207 . For more detailed description, please refer to the
scope of work, project specifications and technical drawings. The construction
services shall be accomplished per all exhibits identified in the table of
contents.
It is the intent of the entity to consider interlocal cooperative agreements and
state/federal contracts in determining the best value for the entity.
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
Pre-Bid Conference 8/5/2021 10:00:00 AM (CT)
A non-mandatory pre-solicitation conference will be available to interested contractors. Attendance at the pre-
solicitation conference is strongly encouraged prior to submission of a response. The conference will be held virtually:
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 940-208-1678,,416829866# United States, Denton
Phone Conference ID: 416 829 866#
Find a local number | Reset PIN
Learn More | Meeting options
Bid Attachments
North Lakes Tennis Specs.pdf Download
North Lakes Tennis Specs
Addendum 1 - Final CD Tennis Center Approved Drawings Final 8.17.pdf Download
Addendum 1 - Updated Drawings Final Approved.
Addendum 2 NL Geotech Report.pdf Download
Addendum 2 - NL Geotech Report
Page 3 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
ADDENDUM 3.docx Download
Addendum 3
Dumpster Wall Section.pdf Download
Addendum 3 - Dumpster Wall Section
Revised Dumpster Gate elevation from A2.pdf Download
Addendum 3 - Revised Dumpster Gate Elevation From A2
Standard Purchase Terms and Conditions for Facilities Construction.docx Download
Standard Purchase Terms and Conditions for Facilities Construction
Conflict_of_Interest_Questionaire.docx Download
Conflict of Interest Questionnaire
Safety_Record.docx Download
Safety Record
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 an example of your invoice based on the City requirements in Attribute 5.
Project Information Form
(Attachment required)
Please detail three (3) of the most recent projects your firm has completed
Bid Attributes
1 SECTION 1
General Information
2 Contract Term
It is the intention of the City of Denton to award a contract for construction of the project as described in the
drawings and specifications. Materials and services undertaken pursuant to this solicitation will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed.
The Contract shall commence upon the issuance of a Notice to Proceed by the City of Denton and shall
automatically expire upon completion of the work and acceptance by the City of Denton.
3 Pricing
Only firm pricing with no escalation will be accepted for these goods or services.
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4 Price Adjustments
Price adjustments will not be allowed for this project unless a change in scope is approved that increases or
decreases the amount of work required.
Requests for changes in scope must be submitted in writing with documentation that provides justification for the
change and supporting evidence that describes the basis for the cost change.
Upon receipt of such request, the City of Denton reserves the right to either: accept the proposed change as
competitive with the original agreed upon proposed unit pricing at the time and issue appropriate authorizations or
reject the increases after receipt of a properly submitted request. No work shall be undertaken on a proposed
change until authorized by the City of Denton in the form of a Purchase Order change and/or other documentation
appropriate to amending the contract.
The request can be sent by e-mail to: purchasing@cityofdenton.com noting the solicitation number.
The City of Denton reserves the right to accept, reject, or negotiate the proposed price changes.
5 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)
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6 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.
Hard copy submissions may be hand delivered (by firm or express courier) to the address listed below:
City of Denton
Materials Management
SOLICITATION NUMBER AND NAME
901B Texas Street
Denton, TX 76209
The City of Denton reserves the right to accept or reject in part or in whole any submission, and to waive
technicalities of the submission, in the best interest of obtaining best value for the City.
Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date
and time noted herein. The City is not responsible for missing, lost or late mail or any mail delays, internal or
external, that may result in the submission arriving after the set time.
HARD COPY SUBMISSION FORMAT
Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City
requests the following format be used:
1. Hard copy submissions shall be bound only utilizing a staple or binder clip. Do not submit responses in a
binder or file folder.
2. Submission shall be no more than 200 pages in length
3. Utilize tabs to identify exhibits and attachments
4. Hard Copy Submittals shall include one (1) original signed by an officer authorized to bind the firm
5. Submit response, before the published due date. Hard copy submittals must be in a sealed envelope with the
solicitation number and name.
6. The submission shall include the following:
a. Completed Bid Invitation
b. Pricing Sheet
c. Safety Record (if applicable form will be attached)
d. Conflict of Interest Questionnaire
e. Appendices may be used for additional documentation or clarification at the respondent's option
f. USB flash drive with all submittal documents
7 Core Submittal
This documentation shall be included with the Offeror’s Ionwave submissions. The Offeror shall address each of the
following items in the same order in which they are set forth below. Qualification and experience documentation shall
be submitted on letter-size (8-1/2” x 11”) PDF. The qualifications and experience data provided shall include, but
may not be limited to the following:
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Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget: The Offeror
shall demonstrate experience in delivering similar work as expressed in the Proposal Documents on schedule
and within budget. Submit details of three (3) similar projects completed within the last ten (10) years. The
Offeror should include the following items for each project submitted:
Project Name
Owner Name
Project Owner Contact Name, Phone Number, and Email Address
Contract Time and Actual Completion Time
Original Contract Cost and Final Contract Cost
Detailed Project Description
The Offeror should present projects that demonstrate experience in the following categories:
Outdoor Tennis Court Construction
Outdoor Sport Court Construction
Offeror’s Key Personnel: The Offeror shall include an organizational chart (maximum of 1 page) and resume
(maximum of 1 page per person) of key team members that will be assigned to the Project. The Offeror
should, at a minimum,provide personnel experience for the Project Manager, Superintendent, and the
Foreman/Foremen. The Key Personnel resumes should include the following information:
Name and Job Title
Role and Responsibility
Total number of years of experience and total number of years with current firm.
Licenses and Certifications.
Project Role and Responsibilities.
Relevant experience for the categories listed above, specifically within the last 5 years. Identify if
projects were completed with current firm or previous firm.
List of other active projects Key Personnel will be assigned to for the duration of this project and
include percentage of time allocated for each.
Detailed Schedule and Written Plan to Achieve Substantial Completion and Final Acceptance within the
Contract Time: The Offeror shall demonstrate means and methods to achieve Substantial Completion and
Final Acceptance within the Contract Time. The Offeror shall include the following:
Baseline Schedule – The Offeror shall submit a detailed Baseline Schedule. The schedule should
demonstrate the Offeror’s ability to complete the Project within the Contract Time. The Plan should
clearly identify the Critical Path Items and the Plan to keep the project on schedule. The Plan should
include, but not be limited to:
Critical Path Plan
Project Specific Tasks:
Start and completion of dirt work
Start and completion of concrete work
Start and completion of electrical work
Start and completion of fencing
Start and completion of court surfacing
Equipment and material delivery
Hours of Operation
Offeror’s Resources to reach Substantial Completion, including the number of shifts or crews
working in parallel.
Offeror’s Safety Record: The Offeror shall provide responses and any supporting documentation necessary
for the Owner to evaluate the safety record for the Offeror and proposed Subcontractors. The response shall
include, but may not be limited to the following:
Documentation of any complaints to, or final orders entered by, the Occupational Safety and Health Review
Commission (OSHRC) against the Offeror or a proposed Subcontractor for violation(s) of OSHA regulations
within the last five (5) years.
Documentation of any citations received by the Offeror or a proposed Subcontractor from any federal,
state, or local environmental protection enforcement agency.
Provide records showing Total Recordable Incident Rate (TRIR) for each year for the last five (5)
years for the Offeror and each proposed Subcontractor.
Provide records documenting the Experience Modification Rate (EMR) for the last five (5) years for the
Offeror and each proposed Subcontractor.
List any fatalities in the safety history for the last ten (10) years for the Offeror and each proposed
Subcontractor.
Safety Record Questionnaire.
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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 of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms
on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the
data submitted in the response. The selection criterion is listed below:
Offeror’s Key Personnel (FACTOR:10 %)
Key Personnel will be awarded points for the listed role and responsibility that the resume demonstrates with a
maximum score of ten (10) points for a single team member that demonstrates all desirable characteristics. The
scores of the individual team members will then be averaged to determine the score for the Offeror’s Key
Personnel.
Quality, Reputation, and Ability to Complete Similar Projects on Schedule and Within Budget (FACTOR:
35%)
Points will be awarded based on the Offeror’s experience relevant to this Project, the reputation of the Offeror in
performance of similar past projects, overall reputation and experience of the Offeror, and percentage of time Key
Personnel is committed to this project. The City will evaluate the projects submitted in accordance with the
Submittal Requirements Paragraph, to determine relevancy to the specified scope of this Project and review the
Offeror’s performance on the submitted projects. The City may contact the references provided by the Offeror, as
well as any other additional references, as may be necessary to verify the qualifications, experience, and reputation
of the Offeror.
Detailed Schedule and Written Plan to achieve Substantial Completion and Final Acceptance within the
Contract Time (FACTOR: 10%)
The schedule and plan should clearly show the Critical Path and the means and methods the Offeror will use to
achieve Substantial Completion and Final Acceptance within the Contract Time. Scoring will be based on the
Offeror’s ability to communicate the plan and schedule.
Offeror’s Safety Record (FACTOR: 5%)
The Owner will award points based on evaluation of the safety documentation provided by the Offeror as required
in the Submittal Requirements paragraph. Safety documentation for the Offeror and Subcontractors will be
evaluated and considered in awarding points for this item.
Price, Total Cost of Ownership (FACTOR: 40%)
The price of items, to include total cost of ownership, such as installation costs, life cycle costs, and warranty
provisions.
In addition to the above factors, others that can be utilized are: (1) the extent to which the goods or services meet the
City’s needs, (2)the impact on the ability of the City to comply with the laws and rules related to contracting with
historically underutilized businesses and non-profit organizations employing persons with disabilities, (3) the long term
cost to the City to acquire the respondents’ goods and services, and (4) any relevant criteria specifically listed in the
solicitation by the City.
The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome
of the computations performed, each submission will be assigned a raw score. The assigned weight will then be
applied to these scores to calculate an overall score for each submission for completion of the final scoring
process.
The submissions shall be evaluated utilizing standard tools, based upon the weighted factors above, and will be
assigned a final score. The City of Denton will proceed to Step 2, with the firm(s) that are considered within the
Page 8 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
competitive range and present an overall best value to the City of Denton.
Step 2:After the final ranking of the submissions and determination of the firm that provide the best value to the City
and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City
will immediately proceed to negotiate Best and Final pricing, terms and conditions with the highest ranked firm. The
best and final pricing cannot be higher than the original proposal submitted. The City of Denton may elect to conduct
oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the
requirements, as part of the negotiation process. If an agreement cannot be reached with the top ranked firm, the City
will terminate negotiations and move to the next highest ranked firm. The process will continue until an agreement is
reached of the submissions are formally rejected by the City.
Step 3: Upon selection of the submission or Best and Final Offer that represents the "best value", a written
recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager,
Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services.
In accordance with Texas State Law, trade secrets and confidential information in competitive sealed proposals are
not open for public inspection. A virtual public opening will be conducted with this process. Respondent
names and pricing will be read aloud at the time and date published on the coversheet. Once the public
opening is adjourned, responses will not be re-read nor published. Award information will be available
on the City’s website after council approval.
After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful
respondent(s) may request a debriefing regarding their submittal. Please contact the City of Denton Materials
Management staff to document the request for a debriefing. A meeting with the City of Denton Materials
Management Staff and the using Division will be scheduled within a reasonable time.
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
1
1
Firm's Legal Name
(Required: Maximum 1000 characters allowed)
1
2
Address Line 1
(Required: Maximum 1000 characters allowed)
Page 9 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
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: Maximum 15 characters allowed)
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)
1
9
Organization Class
Partnership Corporation Individual Association
(Required: Check only one)
2
0
Tax Payer ID
(Required: Maximum 1000 characters allowed)
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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.)
(Optional: 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.
(Optional: Maximum 4000 characters allowed)
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).
(Optional: Maximum 4000 characters allowed)
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2
7
Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910
General Industry Standard and/or 29 CFR 1926 General Construction Standards as they apply to your
Company's customary activities?
http://www.osha.gov/pls/oshaweb/owasrch.search_form?
p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926
(Optional: Maximum 4000 characters allowed)
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:
a. Responding firms principle place of business:
b. Company's majority owner principal place of business
c. Ultimate Parent Company's principle place of business
(Optional: Maximum 4000 characters allowed)
2
9
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)
Page 12 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
3
0
Section 3
Minimum Qualifications
3
1
Three (3) years experience providing similar services
Yes No (Please Select)
(Required: Check only one)
3
2
Bid Bond
To be considered, contractor must include an acceptable bid bond, cashier’s check, or certified check in an amount
not less than 5% of the total submission. All submissions received without the above will be rejected and
considered non-responsive. ONLY HARD COPY BONDS WILL BE ACCEPTED AND MUST BE PROVIDED TO THE
CITY BEFORE THE DUE DATE AND TIME.
Acknowledge
(Required: Check if applicable)
3
3
Reference 1 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of
work to this solicitation.
(Required: Maximum 1000 characters allowed)
3
4
Reference 1 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
3
5
Reference 1 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
3
6
Reference 1 - Email Address
(Required: Email address)
3
7
Reference 1 - Scope of Work
(Required: Maximum 1000 characters allowed)
3
8
Reference 1 - Contract Period
(Required: Maximum 1000 characters allowed)
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3
9
Reference 2 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of
work to this solicitation.
(Required: Maximum 1000 characters allowed)
4
0
Reference 2 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
4
1
Reference 2 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
4
2
Reference 2 - Email Address
(Required: Email address)
4
3
Reference 2 - Scope of Work
(Required: Maximum 1000 characters allowed)
4
4
Reference 2 - Contract Period
(Required: Maximum 1000 characters allowed)
4
5
Reference 3 - Government/Company Name
Person who you have done business with in the past. Preferable from a municipality of similar size and scope of
work to this solicitation.
(Required: Maximum 1000 characters allowed)
4
6
Reference 3 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
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4
7
Reference 3 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
4
8
Reference 3 - Email Address
(Required: Email address)
4
9
Reference 3 - Scope of Work
(Required: Maximum 1000 characters allowed)
5
0
Reference 3 - Contract Period
(Required: Maximum 1000 characters allowed)
5
1
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.
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 Attachments and Exhibit 1 Pricing Sheet will be subject to
disqualification at the sole discretion of the City of Denton. If any firm submitting a proposal is a corporation, it must
be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the
submittal.
____________________________________________________________________________________________________
4. VALIDITY PERIOD
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The information included in the solicitation response(s), and any cost information obtained from a negotiation
process, remain valid for 120 days from the response due date or until the contract is approved by the governing
body.
____________________________________________________________________________________________________
5. REJECTION OF SUBMITTAL ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED
WITHIN SECTION III, SHALL BE REJECTED. THE CITY SHALL REJECT RESPONSES SUBMITTED BY FIRMS
THAT DO NOT MEET MINIMUM QUALIFICATIONS.
The City of Denton reserves the right to reject any and all submittals received in response to the solicitation and to
waive any minor technicalities or irregularities as determined to be in the best interest of the City.
____________________________________________________________________________________________________
6. PROPRIETARY INFORMATION
If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall
identify all proprietary information in the submission. This identification will be accomplished by individually marking
each page or line item detail with the words “Proprietary Information”. If the respondent fails to identify proprietary
information, the respondent agrees that by submission of its response, that those sections shall be deemed non-
proprietary and made available upon public request. Respondents are advised that the City, to the extent permitted
by law, will protect the confidentiality of all submissions. Respondent shall consider the implications of the Texas
Public Information Act, particularly after the solicitation process has ceased and the contract has been awarded.
While there are provisions in the Texas Public Information Act to protect proprietary information, where the
respondent can meet certain evidentiary standards, please be advised that a determination on whether those
standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the
State of Texas. In the event a request for public information is made, the City will notify the respondent, who may
then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not
make a request of the Attorney General.
____________________________________________________________________________________________________
7. NON-ENDORSEMENT
If a submission is accepted, the successful respondent shall not issue any news releases or other statements
pertaining to the award or servicing of the agreement that state or imply the City of Denton’s endorsement of the
successful respondent’s services.
__________________________________________________________________________________________
8. ASSIGNMENT
The successful contractor shall not sell, assign, transfer or convey this contract in whole, or part, without the prior
written consent of the Purchasing Manager.
____________________________________________________________________________________________________
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation,
interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or
authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification
from this procurement process. No officer, employee, agent or representative of the respondent shall have any
contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview,
or selection panels, City staff or City’s consultants, or directly or indirectly through others, seeking to influence any
City Council member, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as
herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the
above listed 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
Page 16 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
action or claim brought against the City of Denton, or its authorized users that is based on a claim that software
infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any
damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a
judgment or settlement. If the City of Denton or its authorized users’ utilization of the software becomes subject to a
claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the
Contractor shall, at its sole expense:
(1) procure for City of Denton or its authorized users, the right to continue using such software under the
terms of this Contract; or
(2) replace or modify the software so that it is non-infringing.
____________________________________________________________________________________________________
12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials
prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of
the City of Denton and all such materials shall be delivered to the City by the contractor upon completion,
termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its
personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other
than the performance of contractor’s obligations under this contract without the prior written consent of the City;
provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of
the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish,
display, transfer, prepare derivative works, or otherwise use the works.
__________________________________________________________________________________________
13. PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving patent right infringement or
copyrights on goods supplied.
____________________________________________________________________________________________________
14. AWARD
The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by
entire proposal; whichever is most advantageous, or provides the “best value” to the City, unless denied by the
respondent.
____________________________________________________________________________________________________
15. CONTRACTS
The successful awarded vendor(s) will be required to sign an original contract. A sample contract is attached.
____________________________________________________________________________________________________
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
Page 17 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
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
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
Page 18 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
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 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.
25. RIGHT TO PROTEST
Any interested party who is aggrieved in connection with a solicitation or award of a contract above the formal
threshold may protest to the Procurement Director. Protests based upon alleged improprieties in a solicitation that
are apparent before the solicitation due date shall be filed not less than five (5) working days before the solicitation
due date. In all other cases, protests shall be filed within five (5) days of notice of intent to award or in the absence
of a notice of intent to award, prior to the award date. Filing of a protest must be in accordance with Article 12 of
the Procurement Policy Manual found on the City of Denton webpage, Materials Management department page,
under the Standard Terms, Conditions, and Policies section.
5
4
General Provisions - Additional for Facility Construction
1. AVAILABILITY OF TECHNICAL DRAWINGS AND SPECIFICATIONS
Technical Specifications and Drawings/Plans related to this project are attached to this solicitation, if applicable.
Electronic documents of the solicitation are available on the City of Denton’s website www.dentonpurchasing.com.
If the technical drawings and specifications are too large to be placed on the City’s website, they may be
downloaded via a FTP site. If this is the case, an Exhibit 5 will be noted on the table of contents of the Main
Solicitation document. Potential respondents should complete and return Exhibit 5 to receive a log in and password
to the FTP site.
____________________________________________________________________________________________________
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF THE WORK
Respondents are advised that the plans, specifications, and other documents on file as stated in the Table of
Contents shall constitute all the information which the City shall furnish. Respondents are required, prior to
submitting any response, to review the plans, read the specifications, exhibits, contract, and bond forms carefully; to
visit the site of the work; to examine carefully the local conditions; to inform themselves with their independent
research, tests, and investigations of the difficulties to be encountered and judge for themselves the accessibility of
the work and all attending circumstances affecting the cost of doing the work or the time required for its completion
and to obtain all information required to make an intelligent proposal.
No information given by the City or any official thereof, other than that shown on the plans and contained in the
specifications, exhibits, and other contract documents, shall be binding upon the City. Respondents shall rely
exclusively upon their own estimates, investigations, test and other data which is necessary to full and complete
Page 19 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
information upon which the submission may be based. Any respondent, by submitting a response, represents and
warrants that he has prepared his submittal in accordance with the specifications, with full knowledge and
understanding of the terms and provisions thereof; that he has reviewed, studied and examined the response prior
to the signing and submission of same; and that he was cognizant of the terms of his submittal, verified his
calculations and found them to be correct and agrees to be bound thereby.
__________________________________________________________________________________________
3. PREFERENCE
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:
Local Government Code 271.9051 Local Government Code 271.905
5% price differential 3% price differential
Construction bids less than $100,000
All other bids, excludes construction
and services, greater than $500,000All other bids, including services, less
than $500,000
B. Best Value Bids-Price is only one of a number of determining factors that are weighted for evaluation
purposes as provided in Local Government Code 252.043. As a result, an additional weighted factor will be
added to all such bids for bidders meeting local preference criteria. The appropriate weight, either 5% or 3%,
will be consistent with the criteria outlined in the chart above.
C. Local Bidder Preference Consideration Application A new and complete application must be submitted with
each competitive bid by the due date, including a Tax Certification from the Denton County Tax
Assessor/Collector. This application serves to ensure the qualification of a bidder as a local bidder and
serves as the basis for meeting the statute’s requirement that the governing body find, in writing, that a
bidder is a local bidder.
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.
Page 20 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
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.”
__________________________________________________________________________________________
4. POST AWARD ADDITIONAL REQUIREMENTS
Pre-Construction Meeting: Prior to commencement of the services, the City and the Contractor will
conduct a pre-construction meeting to review the overall scope, schedule, deliverables, planning process,
and to insure that all relevant parties to the project are introduced.
Environmental Hazards: There are no known safety or environmental hazards existing on the project site at
the time of issue of this solicitation. The City does not warrant or guarantee against the possibility that safety
or environmental hazards or potential hazards may exist at the City’s facilities. The Contractor shall be
responsible for identifying any hazardous conditions and notifying the City verbally of such conditions as
soon as possible after discovery and shall follow up in writing within 10 days of such discovery. The costs for
necessary investigations or any potential corrective actions will be negotiated between the City and the
Contractor.
Contractor Standards of Performance: The contractor shall prosecute the work diligently with skilled
craftsmen and with state-of-the-art methods to complete the work within the time stated in the contract or
such time extensions as may be grant
Monthly Reports: The awarded Contractor shall provide to the City of Denton, detailed reports of daily work
conditions, daily man power availability, equipment problems, and work accomplished on a monthly basis.
Safety: All contractors to the City of Denton are required to ensure absolute safety standards are applied
and enforced. The City of Denton will not be responsible for individual contractor safety, and the awarded
contractor shall not hold the City of Denton responsible. Known hazards shall immediately be reported to the
Project Manager and all safety precautions shall be taken to prevent potential safety issues from occurring.
___________________________________________________________________________________________
5. BONDS
Successful awarded contractor will be required to furnish original performance and payment bonds for 100 percent
of the total submission price before work is to commence. The contractor shall assume all costs in increasing the
bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government
Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its
option, may waive the payment and performance bond requirements for projects less than $50,000.
The City shall normally return the proposal bonds within ten (10) working days after the proposal due date, except
for the three top ranked firms. The three top ranked firms will be retained by the City until the required contract and
bonds have been executed, after which they shall be returned.
The City may require a bid bond for this project. If required, notice will be placed in the minimum qualifications of the
main solicitation document.
___________________________________________________________________________________________
6. RETAINAGE Retainage is part of public works contract payment withheld by the City to secure performance and
payment to subcontractors. The City withholds 5% on public works contracts and requires retainage for public works
contracts in excess of $50,000.
___________________________________________________________________________________________
7. LIQUIDATED DAMAGES The time of the completion of construction of the project is of the essence of the
contract. Should the Contractor neglect, refuse or fail to complete the construction within the time agreed upon,
after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of
estimating with exactness damages caused by such delay, the City shall have the right to deduct from and retain out
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of such money which may be then due or which may become due and payable to the Contractor the sum of
FIFTY DOLLARS ($50.00) per day for each and every day, including weekends, that such construction is delayed
on its completion beyond the specified time, as liquidated damages and not as a penalty; if the amount due and to
become due from the City to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor
shall pay to the City the amount necessary to effect such payment in full: Provided, however, that the City shall
promptly notify the Contractor in writing of the manner in which the amount retained, deducted or claimed as
liquidated damages was computed. Liquidated Damages are further discussed in Exhibit B, Section 33 B of the
General Provisions, Terms and Conditions.
___________________________________________________________________________________________
8. SUBSTITUTIONS Substitutions are not permitted without the written approval of The City of Denton 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 exceptions (Attachment B).
___________________________________________________________________________________________
9. ASBESTOS FREE MATERIALS The contractor shall provide asbestos-free materials as represented by the
Manufacturer’s “Materials Safety Data Sheets”.
___________________________________________________________________________________________
10. PREVAILING WAGE RATES In accordance with Texas Government Code 2258, the awarded contractor shall
comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage
Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov
for Denton County, Texas (WD-2509).
Notwithstanding any other provision of this Contract, the awarded contractor hereby represents and warrants that
the contractor shall pay to each of its employees a wage not less than what is currently known as the "Federal
Minimum Wage" and any increase or amendments thereto. Furthermore, contractor shall produce proof of
compliance with this provision by contractor to the City. The City shall withhold payments due to contractor until
contractor has complied with this provision. Prior to any payment being made for work satisfactorily completed and
accepted, contractor shall submit wage rate affidavits with its billing documents affirming that all employees have
been paid not less than the current "Federal Minimum Wage”.
___________________________________________________________________________________________
11. REMEDIES
a. COMPLETION OF CONTRACTOR’S DEFAULT If default shall be made by the Contractor or by any
subcontractor in the performance of any of the terms of this proposal, the City, without in any manner limiting
its legal and equitable remedies in the circumstances, may serve upon the Contractor and the Surety or
Sureties upon the Contractor's bond or bonds a written notice requiring the Contractor to cause such default
to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Contractor
such default shall be corrected or arrangements for the correction thereof satisfactory to the City and/or
Engineer shall be made by the Contractor or its Surety or Sureties, the City may take over the construction of
the project and prosecute the same to completion by contract or otherwise for the account and at the
expense of the Contractor, and the Contractor and its Surety or Sureties shall be liable to the City for any
cost or expense in excess of the contract price occasioned thereby. In such event the City may take
possession of and utilize, in completing the construction of the project, any materials, tools, supplies,
equipment, appliances, and plant belonging to the Contractor or any of its subcontractors, which may be
situated at the site of the project. The City in such contingency may exercise any rights, claims or demands
which the Contractor may have against third persons in connection with this contract and for such purpose
the Contractor does hereby assign, transfer and set over unto the City all such rights claims and demands.
b. LIQUIDATED DAMAGES Respondent must agree to commence work on or before a date to be specified in
written "Notice to Proceed" by the Owner, and to fully complete the project within the time stated on proposal.
As failure to complete project within the stated time, respondent agrees to pay as liquidated damages, the
sums indicated in the Solicitation Main document Section 10, for each working day of delay until work is
completed and accepted. Delays because of strikes, fire, weather, or any cause beyond the contractors
control shall be granted, but claims for extension shall be in writing within a reasonable time after the
occurrence. Contractor shall submit request for delay on a monthly basis in a letter form indicating reason
and date of delay. Failure to do so on a monthly basis means contractor will forfeit those delay days.
Liquidated damages in the amount per day shown in Main Solicitation Document, Section 10 “Liquidated
Damages”, will be assessed against the Contractor for each calendar day or portion thereof that:
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(1) the Contractor has not fully and timely completed the specific portion or part of the work to be
completed by the end of the current month as provided in the detailed description of work and/or
schedule previously submitted by the Contractor on the first day of that particular month, after
accounting for any agreed-upon changed orders, which will entitle the Owner to withhold the liquidated
damages from the payment otherwise owed to the Contractor for work completed in that particular
month;
(2) the Contractor has not substantially completed all work following the expiration of the number of
calendar days to complete the work as agreed upon in the contract, after accounting for any agreed-
upon changed orders; or
(3) all items listed as incomplete and attached to the Certificate of Substantial Completion are not
completed or corrected after expiration of the agreed time allotted for completion and correction,
including any approved extensions of time granted. These liquidated damages are cumulative. The
sum of the liquidated damages will be deducted from any monies due the Contractor. If no money is
due the Contractor, said sum may be recovered by the Owner from the Contractor or the Contractor's
surety, or from both combined. These deductions are to cover liquidated damages to the Owner for
losses to Owner that include, but are not limited to, additional expenses of Contract administration,
overhead and other costs resulting from failure of the Contractor to complete the Work within the
designated time, and are not to be considered as penalties. The Owner shall not be considered liable
for any extra or additional payment to the Contractor as a bonus or premium for early completion. Any
failure on the part of the Owner to request or require payment or withholding of liquidated damages in
any particular month shall not constitute a waiver of Contractor’s requirement to pay, or the Owner’s
ability to withhold from payments owed to Contractor, any liquidated damages for work performed or
completed in that particular month, in any prior or subsequent month, or at the time all work has been
completed.
c. CUMULATIVE REMEDIES Every right or remedy herein conferred upon or reserved to the City shall be
cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by
statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that
the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the
Contractor to complete the construction of the project within the time herein agreed upon.
___________________________________________________________________________________________
12. PAYMENT AND PERFORMANCE REQUIREMENTS
a. PAYMENT AND INVOICES:
Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require
thirty (30) days after receipt of invoices, materials, or services. Submissions which call for payment before
thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in
the opinion of the 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
Page 23 of 30 pages Deadline: 10/5/2021 11:00 AM (CT)7716 Addendum 3
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 The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article
20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this
contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax
free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State
Comptroller’s ruling #95-0.07 and #95-0.09.
d. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR Upon award of the contract, the Contractor
shall inform the City of the subcontractors and material sources that will be used. Upon the completion by the
Contractor of the construction of the project, but prior to final payment to the Contractor, the Contractor shall
deliver to the City releases of all liens, and of rights to claim any lien, from all manufacturers, material-men,
and subcontractors furnishing services or materials for the project, to the effect that all materials or services
used on or for the project have been paid for and indicating that the City is released from all such claims.
e. PAYMENTS TO MATERIAL-MEN AND SUBCONTRACTORS The Contractor shall pay each material-men,
and each subcontractor, if any, not later than five (5) days after receipt of any payment from the City, the
amount thereof allowed the Contractor for and on account of materials furnished or construction performed
by each material-men or each subcontractor.
___________________________________________________________________________________________
13. WARRANTIES The contractor shall provide a 2 year warranty that is standard in the industry.
5
5
General Provisions - Special Notices and Requirements (Facility Construction)
1. CONTRACT ADMINISTRATION SUBMITTALS AND REQUIREMENTS
General:
The General Conditions, Supplementary Conditions and Special Conditions provide definite times for Contractor to
submit certain lists, qualifications, price breakdowns and schedules for administrative procedures including but not
necessarily limited to the following:
List of Subcontractors: Before the execution of the Contract, the respondent awarded the contract will submit to the City for
approval a list of all Subcontractors, and/or his major Subcontractors, proposed to use. This list will include each Subcontractor's
correct name,mailing address and phone number.
Contractor's Superintendent: The Contractor shall submit the name and qualifications of the person designated as Project
Superintendent within ten (10) days of the receipt of the Notice of Award Letter.
Contract Price Breakdown: Upon execution of the Contract, the Contractor shall submit to the City for approval a
breakdown of the Contract price, itemizing material and labor for various classifications of work.
1. The City will provide forms for the Contractor to use to prepare the schedule of values.
2. Unit Price items will be multiplied by the estimated quantities to give the item totals. The total item will then
be divided into "material" and "labor" and listed on the breakdown. The breakdown of unit price items into
material and labor isrequired so the City may make progress payments on materials delivered before the
labor is performed.
Work Progress Schedule: Within three (3) weeks after receipt of a work order, the Contractor shall submit in
duplicate to the City for approval an estimated progress schedule for the work in relation to the entire project, over
the total contract time. Schedules showing less than the stipulated contract time will be rejected. See details for this
requirement in the attached STANDARD PURCHASE TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION
SERVICES, Article1, paragraph 3.10 “Contractors Construction Schedule”.
Testing and Quality Control: Observation of the Contractor's work to determine compliance with the plans and
specifications may include testing of material installed on the project. A Testing Laboratory located by the
Contractor shall do testing of materials furnished and work performed. The Contractor shall use only materials in
the work, which meet the requirements of the specifications. The Contractor shall furnish at his own expense all
necessary tests and specimens for testing of the material and when requested shall furnish a complete written
statement of the origin, composition, and/or manufacturer of any or all materials that are to be used in the work. All
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materials not conforming to the requirements of the specifications will be rejected.
THIS QUALITY CONTROL SERVICE DOES NOT RELIEVE THE CONTRACTOR OF HIS RESPONSIBILITY WITH
REGARD TO CONSTRUCTING THE WORK IN ACCORDANCE WITH THE CONTRACT.
Contractor shall submit appropriate tests including, but not limited to:
Any test required in the technical specifications
Any structural element called for on the plans, including, but not limited to dam construction, concrete asphalt
roads or paths,shelters, bridges or other structure tests, pressure test of irrigation.
Test to prove adequacy of design and construction of any feature that may have been accepted by Owner
under contractor's "Alternate Proposal".
Any test that may be occasioned by any local, state, or federal law.
As-Built Drawings: The contractor shall maintain a complete set of contract drawings in his possession, upon which
he is required to note in red, or other clear manner, all deviations, final dimensions and explanatory notes arising
out of actual work installed or performed in the field, and showing exact locations of such work, including trades.
Notes on these drawings shall indicate installed locations and dimensioned clearances. Contractor to furnish an as-
built drawn from an aerial photo identifying course, irrigation (including all components, buried or otherwise), major
and minor drainage lines and related structures, all underground utilities, location of buried trees and debris, limits
of topsoil, extra borrow areas, and other significant construction which could reasonably be foreseen to affect future
operation. All as-built(s) shall be supplied in CAD format.
Project Manuals: Contractor shall supply City a project manual for operations of all mechanical systems to be included under this
contract in a manner satisfactory to the design professional, his sub-consultants and City's representatives.
Schedule of Tests, Submittals: A schedule of anticipated tests and submittals begins on the next page. Additional
submittals may be required.
2. MEETINGS
A. Pre-Construction Conference: Prior to start of work, a conference between the City and Contractor will be
held to discuss provisions of the contract documents, explain administrative procedures and coordinate the
work effort. Time of pre-construction conference will be stated in the Work Order letter for the Contractor.
Attendance by Contractor and Contractor's Superintendents is mandatory.
1. City will schedule meeting and provide meeting place.
2. Attendance: The following are expected to attend:
City's Representative.
Consultant's Construction Administrator.
Representatives from Sub-Consultants Contractor's Project Manager, Project Superintendent
and Project Coordinator Representatives of major subcontractors
3. Agenda Items:
List of major Subcontractors and Suppliers
Tentative construction schedule
Critical work sequencing
Major equipment deliveries
Designation of responsible personnel
Procedures and processing of field decisions, proposal requests, submittals color coordination,
change orders, and applications for payment.
Adequacy of distribution of Contract Documents.
Procedures for maintaining Record Documents
Use of Premises: office, work, storage, staging areas; Owner's requirements
Construction facilities, controls and construction aids
Temporary utilities
Safety and first aid procedures
Security procedures
Housekeeping procedures
Other business
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4. The City's Representative will preside over the meeting.
B. Progress Meetings: Construction progress meetings may be called by the Project Manager,
Project Inspector or the General Contractor to review job progress or problems.
1. Schedule meeting and notify in writing those concerned at least one week in advance of
meeting.
2. Provide a convenient, comfortable meeting place.
3. Contractor's Project Superintendent or Project Manager shall preside over meeting.
4. Attendance: The following are expected to attend: City's Representative Consultant's
Construction Administrator Sub-consultant's unless notified otherwise Contractor's
General Superintendent, Project Superintendent and Project Coordinator. Subcontractors
having work in progress Subcontractors whose work will start within the next month Others
as requested by City, A/E, or Contractor
5. Agenda Review, approval of minutes or previous meeting Review of work progress
since previous meeting Field observation, problems, conflicts Problems which impede
construction schedule Review of off-site fabrication, and delivery schedules Corrective
measures and procedures to regain projected schedule. Revisions to construction
schedules Progress schedules for succeeding period Schedule coordination Review
proposed changes for effect on construction schedule, on completion date, and effect on
other contracts of project Maintenance of quality standards Pending changes and
substitutions Other business
6. The Contractors Project Manager will preside over the meeting. C. Minutes of Meetings:
Contractor shall take notes at pre- construction and progress meetings and distribute
them to those concerned in the form of minutes within four (4) calendar days after
meeting.
3. SURVEYS, MEASUREMENTS AND LAYOUTS
General:
The City will provide property surveys. The Contractor shall be responsible for all control point staking as required.
The Contractor's responsibility for verifying conditions is defined in the Standard General Conditions.
Surveys, Measurements and Layout Out of Work:
The Contractor will establish from survey information on drawings all lines, grades, and levels and will be
responsible for maintenance and accuracy thereof.
4. MISCELLANEOUS REQUIREMENTS
Additional safety precautions shall be instituted by the awarded contractor, as the work environment will be in an
area where citizens and employees may be present, and work safety must be coordinated with the owner.
The Contractor shall be responsible for all spoil removals, and any excess soil that will require removal.
It is understood that the basis for payment on the work to be done according to the final plans and specifications
shall be a lump sum fee as set forth in Contractor's submission. Any quantity estimates supplied by Designer or City
are intended only as a guide to the respondent. Respondent is responsible for making his own quantity estimates
and pricing from his own examination of the work to be done.
A schedule of Respondent's Quantities and Unit Prices is to be filled out as a part of this solicitation. Extensions of
units and unit prices must total up correctly
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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)
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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)
(Optional: Maximum 4000 characters allowed)
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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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9
Acknowledgement
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents;
the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling
and storage of materials and equipment; and all other matters that will be required for the work before submitting a
response.
The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are
offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance
of this submission will be 120 calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been
prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of
this submission have not been communicated to any other respondent or to any employee of the City of Denton
prior to the acceptance of this submission.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise
under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of
the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq.
The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments
contained in this solicitation package.
The undersigned agrees that the solicitation package posted on the website are the official specifications and shall
not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all
addendum(s).
I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my
statements and answers to questions. I am aware that the information given by me in this submission will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be
rejected.
If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract as follows:
Work shall start at the project site within fourteen (14) days of the effective date of the Notice to Proceed.
Final completion in (120) consecutive calendar days from date of Official Notice to Proceed.
The Bidder hereby agrees that the City reserves the right to waive informalities in any bid and to reject any or all
bids, or to accept any bid that in its judgment will be for the best interest of the City.
Acknowledge
(Required: Check if applicable)
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Certificate of Interested Parties Electronic Filing
In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code.
The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested
parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics
Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission.
Contractor will be required to furnish an original Certificate of Interest Parties before the contract is
awarded, in accordance with Government Code 2252.908.
The contractor shall:
1. Log onto the State Ethics Commission Website at :
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
2. Register utilizing the tutorial provided by the State
3. Print a copy of the completed Form 1295
4. Enter the Certificate Number on page 2 of this contract.
5. Sign the Form 1295
6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract
1234 - Form 1295)
7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award.
Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven
business days.
Acknowledge
(Optional: Check if applicable)
Bid Lines
1
The Respondent having examined carefully the Contract Form, General Conditions,
Supplementary Conditions, Plans and Specifications and other Contract Documents, with the
Bond requirements herein, proposes to furnish all labor, materials, equipment and other items, facilities
and services for the proper execution and completion of:City of Denton North Lakes Tennis Courts in full
accordance with the drawings and specifications prepared in accordance with the Contract Documents
and, if awarded the Contract, to complete the said work within the time limits specified for the following LUMP
SUM BASE BID
(Line excluded from response total)
2 NORTH LAKES TENNIS COURTS LUMP SUM BASE BIDS
(Response required)
Price:$Total:$
Item Notes:ALL FEES INCLUDING BOND FEES TO BE INCLUDED IN LUMP SUM
AMOUNT
Supplier Notes:
Additional notes
(Attach separate sheet)
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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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