Bid Invitation (58)8209 Addendum 2
Airport Engineering Services
Issue Date:3/10/2023
Questions Deadline:3/31/2023 11:00 AM (CT)
Response Deadline:4/12/2023 01:00 PM (CT)
Denton - Purchasing
Contact Information
Contact:Gabby Leeper
Address:Buyer
901-B Texas Street
Denton, TX 76209
Phone:(940) 349-7100
Email:gabby.leeper@cityofdenton.com
Deadline: 4/12/2023 01:00 PM (CT)8209 Addendum 2Page 1 of 22 pages
Event Information
Number:8209 Addendum 2
Title:Airport Engineering Services
Type:Request for Qualifications
Issue Date:3/10/2023
Question Deadline:3/31/2023 11:00 AM (CT)
Response Deadline:4/12/2023 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)
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 shall be submitted to the City of Denton in a sealed
submission.
The awarded individual or business shall possess a proven track record of using
innovative approaches to providing goods and services that represent the best value
to their clients. The awarded individual or business shall have the ability to
accomplish all aspects of the requested services. The selected individual or firm
should be able to provide innovative methods to deal with municipal challenges, and
cost effective solutions.
A firm may submit a solicitation response for one or more of the categories of
product or services requested in this solicitation.
Ship To Information
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 Discussion 3/31/2023
A non-mandatory pre-bid discussion will be available to interested consultants by appointment. Please reach out
to Gabby.Leeper@cityofdenton.com to schedule a 1.5 hour appointment prior to Friday March 31. Either via Microsoft
Teams or in person. If attending in person you will have the option to get a quick tour of the Airport. Attendance at the
pre-bid discussion is strongly encouraged but not required prior to submission of a response. If meeting in person,
the project site location is at 5000 Airport Rd, Denton, TX 76207
Deadline: 4/12/2023 01:00 PM (CT)8209 Addendum 2Page 2 of 22 pages
Bid Attachments
8209 Airport Engineering Scope of Services.pdf Download
SCOPE OF SERVICES
Standard Professional Services Agreement.docx Download
SAMPLE Contract
Conflict_of_Interest_Questionaire.docx Download
Conflict of Interest Questionnaire
2020-21 Denton Enterprise Airport - Pavement Management Program (PMP) -
Final.pdf Download
ADDENDUM 1-Pavement Management Program
RFQ 8209 - Pre-Bid Notes all vendors.pdf Download
ADDENDUM 2-Pre bid keypoints and questions.
FAA Federal Provisions.pdf View Online
ADDENDUM 2-FAA Federal Regulations
Requested Attachments
Statement of Qualifications
(Attachment required)
Statement of Qualifications as outlined in Scope of Services. Please limit attachments to no more than 50 pages.
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.
Invoice example
(Attachment required)
Please attach an example of your invoice based on the City requirements in Attribute 5.
Bid Acceptance Exceptions
If you have exceptions to the contract, please upload them here.
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.
Bid Attributes
1 SECTION 1
General Information
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2 Contract Term
It is the intention of the City of Denton to award a contract for three (3) year, effective from date of award. The City
and the Supplier shall have the option to renew this contract for an additional two (2) one-year periods.
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 is selected, a fair and reasonable price will be set. The professional fees under this contract may not
exceed any maximum provided by law.
Compensation will be negotiated with the most highly qualified and experienced firm. 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.
Payment will be made upon receipt and acceptance of deliverables as negotiated.
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.
4 Statement of Qualification
Sealed qualifications will be accepted in accordance with the minimum qualifications detailed in Submittal Content
section of the Scope of Services. The Consultant shall file all documents necessary to support its qualifications and
include them in the submittal. (50 page maximum) Please include at a minimum the following:
Section A - General Firm Information
Section B - Team Organization and Experience
Section C - Familiarity with Providing Airport Engineering Services
Section D - Current Workload
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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 timesheets with trade labor rate and deliverables order number
clearly identified. Invoices shall also include a tabulation of workhours 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. 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
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:
Completed Bid Invitation
Safety Record (if applicable form will be attached)
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
7 Evaluation Procedures
Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of
Denton Purchasing Policies and procedures. The City of Denton shall 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:
General Firm Information - Section A (FACTOR: 20%)
1) Identify the current legal name of your firm (Prime Firm) along with the number of years
operating under this name. If less than 5 years list all other legal names under which the firm
operated within the past 5 years.
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2) Identify the current legal name of the firm that will be primarily responsible for providing
engineering services during the term of this contract along with the number of years each has
operated under that name. If less than 5 years list all other legal names under which the firm(s)
operated within the past 5 years. If these services will be provided by the Prime Firm, so
state.
3) If utilizing a sub-consultant for the provision of any engineering services, identify the location
of each office from which the majority of the production work for the engineering services that will
be performed. Provide a table that lists each of the work titles that make up the staff of that
office(s). Along with the list of titles, provide the total numbers of staff in that office(s) carrying
each title.
4) If utilizing a subconsultant for the provision of construction administration and inspection,
identify the location of the office from which the majority of the construction phase services will
be performed. Provide a table that lists each of the work titles that make up the staff of that office
subconsultant as located in the office out of which the majority of the construction administration
and inspection work will be performed. Along with the list of titles, provide the total numbers of
staff in that office carrying each title.
5) Provide a brief description of not more than five (5) relevant, airport engineering projects
performed by your firm (or your sub consultant engineering firm). These projects are not to be
the same as those identified for the individuals as requested in Section B below. For each
project, provide the following information.
a) The year the project was completed.
b) The role of the firm on the project.
c) Identify whether or not this project was part of a multi-year, on-call contract and, if so,
the start and end dates of the on-call contract.
d) The names and phone numbers of two (2) individuals employed by the Airport Sponsor
at the time that are/were familiar with the project and thus can adequately comment on the
quality of service provided.
6) Provide a summary statement of your team’s qualifications for being the Denton Enterprise
Airport’s engineering consultant over the term of this contract.
Team Organization and Experience - Section B (FACTOR: 30%)
1) Provide an organizational chart identifying the key staff from your firm and any sub-consultant
firm(s) identified in section A-2 above, that will be assigned to projects under the term of this
contract. The following positions must be identified:
a) Principal-In-Charge
b) Project Manager
c) QA/QC Manager
d) Lead Airport Engineer
e) Resident Engineer for Construction
For each person shown on the organizational chart, identify the location of the office to which
they are currently assigned.
2) For each person shown on the organizational chart, provide a summary of the respective
individual’s experience and qualifications to perform in this role. As part of this item, and for each
individual, identify the following:
(a) The total number of years of experience
(b) The total number of years of experience for which a majority of the individual’s time
has been spent been spent providing airport planning services.
(c) A brief description of the three (3) most recent, relevant, airport projects in which they
participated. For each project provide the following:
(1) The year the project was completed,
(2) The role the individual played in the project
(3) Identify whether or not this project was part of a multi-year, on-call contract and,
if so, the start and end dates of the on-call contract.
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(4) The name of the firm with which the individual was employed at the time
(5) The names and phone numbers of two (2) individuals employed by the Airport
Sponsor at the time that are/were familiar with the project and thus can adequately
comment on the quality of service provided by the individual.
3) Provide, as an appendix, an individual resume for each person shown on the organizational
chart.
Familiarity with providing airport engineering services - Section C (FACTOR: 30%).
1) Provide a sample Gantt chart, task level project schedule, created using the Microsoft Project
software using Critical Path Method (CPM) techniques for a generic taxiway pavement
reconstruction project that will be funded by the FAA and TxDOT. In preparing this schedule,
assume that your firm will be responsible for assisting the City of Denton in all phases of the
project including the preparation of the initial grant application, project programming, detailed
design, bidding and award, construction administration and inspection and grant closeout.
Establish durations for the tasks assuming that the taxiway to be rehabilitated is 3,500 feet long
by 40’ wide with paved shoulders and based upon your familiarity with general airport
engineering design processes, the City of Denton, the Denton Enterprise Airport itself, TxDOT-
Aviation, and the Southwest Region FAA. For each task in the Gantt Chart, show the task
duration, start and finish dates and predecessors. Assume a project start date of November 1,
2023.
Current Workload - Section D (FACTOR: 20%)
1) For each individual identified on the Organization Chart, list all current projects for which the
individual is currently performing work tasks. For each project, provide the anticipated
completion date.
2) For each individual identified on the Organization Chart, list all other projects (whether
currently under contract or not) for which the individual is being proposed to perform work tasks.
For each project, provide the anticipated start date.
The weighting (or value associated with) each of the preceding areas has been provided to give Submitters
an idea of the relative importance of each element to 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.
Step 2: The City of Denton will proceed to negotiate a contract with the highest ranked firm. The City 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.
Provided the City of Denton cannot successfully contract with the highest ranked firm, the City of Denton shall
formally, and in writing, end all negotiations with that firm and the City of Denton may elect to proceed to negotiate
with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms
end, in accordance with Texas State Law.
Step 3: 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. 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 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.
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8 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 - Procurement Policy
9 Section 2
Business Overview Questionnaire
1
0
Firm's Legal Name
(Required: Maximum 1000 characters allowed)
1
1
Address Line 1
(Required: Maximum 1000 characters allowed)
1
2
Address Line 2
(Optional: Maximum 1000 characters allowed)
1
3
City
(Optional: Maximum 1000 characters allowed)
1
4
State
(Required: Maximum 1000 characters allowed)
1
5
Zip Code
(Required: Maximum 15 characters allowed)
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1
6
Agent Authorized to sign contract
The agents name and email who is authorized to sign the contract.
(Required: Maximum 1000 characters allowed)
1
7
Subsidiary of:
(Optional: Maximum 1000 characters allowed)
1
8
Organization Class
Partnership Corporation Individual Association
(Required: Check only one)
1
9
Tax Payer ID
(Required: Maximum 1000 characters allowed)
2
0
Date Established
__ __ / __ __ / __ __ __ __
(Required)
2
1
Historically Underutilized Business
Yes, We are a registered HUB.
(Optional: Check if applicable)
2
2
Please provide a detailed listing of all products and/or services that your company provides.
(Required: Maximum 4000 characters allowed)
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2
3
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
4
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
5
Have you ever had a contract terminated by the Owner? If so, where and why? Give name and
telephone number (s) of Owner (s).
(Optional: Maximum 4000 characters allowed)
2
6
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
(Optional: Maximum 4000 characters allowed)
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2
7
Prohibition on Contracts with Companies Boycotting Israel
Pursuant to Section 2270.002 of the Texas Government Code, Respondent certifies that either (i) it meets an
exemption criteria under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term
of the contract resulting from this solicitation. Respondent shall state any facts and provide documentation that
make it exempt from the boycott certification in its Response.
Exemption criteria includes the following:
1. Company is a sole proprietorship;
2. Company employs less than 10 full-time employees;
3. Value of the contract is less than $100,000
“Boycott Israel” is defined to mean refusing to deal with, terminating business activities with, or otherwise taking any
action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or
with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action
made for ordinary business purposes. “Company” is defined to mean a for-profit sole proprietorship, organization,
association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those
entities or business associations that exists to make a profit.
Sole proprietorship Employs less than 10 Full time employees
Value of the contract is less than $100,000 Does not Boycott Israel
(Required: Check only one)
2
8
Section 3
Minimum Qualifications
2
9
Three (3) years experience providing similar products or services
Yes No (Please Select)
(Required: Check only one)
3
0
Reference 1 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
3
1
Reference 1 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
3
2
Reference 1 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
3
3
Reference 1 - Email Address
(Required: Email address)
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3
4
Reference 1 - Scope of Work
(Required: Maximum 1000 characters allowed)
3
5
Reference 1 - Contract Period
(Required: Maximum 1000 characters allowed)
3
6
Reference 2 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
3
7
Reference 2 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
3
8
Reference 2 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
3
9
Reference 2 - Email Address
(Required: Email address)
4
0
Reference 2 - Scope of Work
(Required: Maximum 1000 characters allowed)
4
1
Reference 2 - Contract Period
(Required: Maximum 1000 characters allowed)
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4
2
Reference 3 - Government/Company Name
Person who you have done business with in the past.
(Required: Maximum 1000 characters allowed)
4
3
Reference 3 - Phone
Enter phone number.
(__ __ __) __ __ __ - __ __ __ __ext:
(Required)
4
4
Reference 3 - Contact Person & Title
(Required: Maximum 1000 characters allowed)
4
5
Reference 3 - Email Address
(Required: Email address)
4
6
Reference 3 - Scope of Work
(Required: Maximum 1000 characters allowed)
4
7
Reference 3 - Contract Period
(Required: Maximum 1000 characters allowed)
4
8
Registered with the State of Texas
The responding individual or business must be registered in the State of Texas, or the County of Denton, to provide
the products or services required in the solicitation, and the individual or business must have all licensure required
by the State to provide any services required under this contact.
To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the
Secretary of State visit Webpage: https://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or
email: corpcert@sos.state.tx.us
4
9
Authorized Manufacturer
Authorized manufacturer or distributor authorized by the manufacturer for products identified in the Technical
Specifications to sell to the City of Denton, Texas. Attach documentation such as a letter from the manufacturer or a
line card.
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5
0
Section 4
Terms and Conditions
5
1
General Provisions
1. SILENCE OF SPECIFICATIONS
The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed
description concerning any point, shall be regarded as a meaning that the only best commercial practices are to
prevail. All interpretations of these specifications shall be made on the basis of this statement.
____________________________________________________________________________________________________
2. RESPONDENTS COST TO DEVELOP SUBMITTAL
Respondents to this solicitation are responsible for all costs of submittal preparation, delivery and any oral
presentations required as part of the selection process. All materials submitted in response to the solicitation
become property of the City of Denton and will be returned only at the option of the City.
____________________________________________________________________________________________________
3. MINIMUM RESPONSE
Submittals that do not, at a minimum, contain the required 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
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
Deadline: 4/12/2023 01:00 PM (CT)8209 Addendum 2Page 15 of 22 pages
written consent of the Purchasing Manager.
____________________________________________________________________________________________________
9. UNAUTHORIZED COMMUNICATIONS
After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation,
interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or
authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification
from this procurement process. No officer, employee, agent or representative of the respondent shall have any
contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview,
or selection panels, City staff or City’s consultants, or directly or indirectly through others, seeking to influence any
City Council member, City staff, or City’s consultants regarding any matters pertaining to this solicitation, except as
herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the
above listed parties with who contact is not authorized, such contact may result in the respondent being disqualified
from the procurement process. Any oral communications are considered unofficial and non-binding with regard to
this solicitation.
____________________________________________________________________________________________________
10. DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a
solicitation and may result in disqualification. Any submissions that do not clearly outline all qualifications may be
disqualified.
____________________________________________________________________________________________________
11. INTELLECTUALLY PROPERTY INDEMNIFICATION
The contractor will indemnify, defend and hold harmless the City of Denton, and its authorized users, against any
action or claim brought against the City of Denton, or its authorized users that is based on a claim that software
infringes any patent rights, copyright rights or incorporated misappropriated trade secrets. Contractor will pay any
damages attributable to such claim that are awarded against the City of Denton or its authorized users, in a
judgment or settlement. If the City of Denton or its authorized users’ utilization of the software becomes subject to a
claim, or is likely to become subject to a claim, in the sole opinion of the City of Denton, or its authorized users, the
Contractor shall, at its sole expense:
(1) procure for City of Denton or its authorized users, the right to continue using such software under the
terms of this Contract; or
(2) replace or modify the software so that it is non-infringing.
____________________________________________________________________________________________________
12. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials
prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of
the City of Denton and all such materials shall be delivered to the City by the contractor upon completion,
termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its
personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other
than the performance of contractor’s obligations under this contract without the prior written consent of the City;
provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of
the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish,
display, transfer, prepare derivative works, or otherwise use the works.
__________________________________________________________________________________________
13. PATENT RIGHTS
The contractor agrees to indemnify and hold harmless the City from any claim involving patent right infringement or
copyrights on goods supplied.
____________________________________________________________________________________________________
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. Additional approvals could be required if outside funding is used.
____________________________________________________________________________________________________
15. CONTRACTS
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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
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
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A. Prior to commencement of the services, the City and selected individual or business will conduct an initial
meeting to review the overall scope, schedule, deliverables and planning process to implement a successful
program.
B. The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided
to the City on a monthly basis.
C.Staff available to assist the selected provider is limited; the proposals submitted should not anticipate
extensive staff assistance during equipment repairs or maintenance.
____________________________________________________________________________________________________
23. PAYMENT AND PERFORMANCE REQUIREMENTS
a. PAYMENT AND INVOICES: Payment processing: The City review, inspection, and processing procedures
for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Submissions
which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such
payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and
processing procedures can be completed as specified. It is the intention of the City of Denton to make
payment within thirty days after receipt of valid invoices for which items or services have been received
unless unusual circumstances arise. The 30 day processing period for invoices will begin on the date the
invoice is received or the date the items or services are received, whichever is later. Direct deposit for
payments: Contractors are encouraged to arrange for receiving payments through direct deposit. Information
regarding direct deposit payments is available from the City of Denton Purchasing website:
www.dentonpurchasing.com. Invoices shall be sent directly to the City of Denton Accounts Payable
Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract
administrator as identified in the Notice to Proceed. It is the intention of the City of Denton to make payment
on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual
circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if
applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No
payments shall be made on invoices not listing a Purchase Order Number.
b. PAYMENT TO PERFORMANCE MILESTONES Awarded contractor shall prepare and submit invoices after
completion of specific project milestones. The invoice shall detail the major milestones accomplished and
detailed cost information for project. These milestones shall be submitted to the City of Denton and the City’s
Project Staff shall review such for completion and accuracy, prior to payment authorization.
c. TAX EXEMPTION 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.
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5
2
Bid Acceptance
I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained
herein, and further agree to abide and accept said Terms, Conditions and Specifications.
Yes Yes - with exceptions (Please Select)
(Required: Check only one)
5
3
Bid Acceptance Exceptions
If you answered yes - with exceptions to the above question please list the exceptions.
(Additional exceptions will not be allowed during the negotiation process)
(Optional: Maximum 4000 characters allowed)
5
4
Additional Agreement
Any additional agreement that the supplier wishes to have considered as part of the resulting contract shall be
attached and submitted with the response to this solicitation. Any agreement that is submitted after the closing
date of the solicitation shall not be considered. Please note that agreements in direct conflict with the terms and
conditions of this solicitation may result in rejection of your response to the solicitation.
Acknowledged
(Required: Check if applicable)
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5
5
Acknowledgement
The undersigned agrees this submission becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents;
the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling
and storage of materials and equipment; and all other matters that will be required for the work before submitting a
response.
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: City
of Denton Solicitations
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
6
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)
5
7
Civil Rights Act
The City of Denton, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42
USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively
ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on
the grounds of race, color, or national origin in consideration for an award
(Optional: Maximum 1000 characters allowed)
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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 they have familiarized themselves 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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